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2009 DEC 01 - 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. 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 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). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 2009 - 5:00 P.M. 5:00 P.M. SESSION CANCELLED — NO ITEMS OF BUSINESS (REGULAR MEETING TO BE ADJOURNED TO 7:00 P.M.) 0 Oi Next Resolution # 4628 Next Ordinance # 1437 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0- matters SPECIAL MATTERS: - 0- matter 2 �U�' AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions of the Meeting. 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 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). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 1, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER Next Resolution # 4628 Next Ordinance # 1437 INVOCATION — Pastor John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Bill Fisher CO3 3 PRESENTATIONS a. Lighting Up the Community b. Proclamation to announce December 13, 2009 as the 46th Annual El Segundo Holiday Parade C. Proclamation to announce Candy Cane Lane December 12, 2009 through December 23, 2009 d. Commendation for Maurice O'Brien as RSVP of the Year ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only, — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to waive the first reading and introduce a Water Efficient Landscape Ordinance for the City of El Segundo. (Fiscal Impact: None) Recommendation — (1) Receive staff presentation; (2) Discussion; (3) Waive first reading and introduce the proposed Ordinance; (4) Schedule second reading and adoption of Ordinance on December 15, 2009; (5) Alternatively, discuss and take other possible related action to this item. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 004 4 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. 2. Warrant Numbers 2574720 to 2574958 on Register No. 4 in the total amount of $1,350,950.82 and Wire Transfers from 11/05/09 through 11/19/09 in the total amount of $2,195,721.65. 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. 3. Regular City Council Meeting Minutes of November 17, 2009 and Special Citv Council Meeting of November 12 2009. Recommendation — Approval. 4. Consideration and possible action regarding the award of a Standard Public Works Contract to Pacific Hydrotech Corporation for the Seismic Strengthening of the 3.1 Million Gallon Water Reservoir located at 400 Lomita Street, Amend Contact No. 3742 with Tetra Tech, Inc. for additional services for materials testing and special inspection services and add a 10% contingency and authorize the Public Works Director to use this contingency in the event that change orders are necessary. — Project No. PW 09 -13 (Fiscal Impact: $738,944.00) Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Pacific Hydrotech Corporation, in the amount of $721,403.00; (2) Amend Contract No. 3742 with Tetra Tech, Inc. for materials testing and special inspection services ($17,541); (3) Provide a 10% contingency and authorize the Public Works Director to use this contingency in the event that change orders are necessary; (4) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action to allow banners from the Young Americans Workshop Committee to be hung over Main Street at no cost. (Fiscal Impact: $178) Recommendation — (1) Approve the request from the Young Americans Workshop Committee regarding its banners; Alternatively, take such additional, related, action that may be desirable. 005 5 6. Consideration and possible action regarding adoption of a resolution approving the El Segundo Sewer System Management Plan (SSMP) (Fiscal Impact: None) Recommendation — (1) Adopt the Resolution; (2).Alternatively discuss and take other action related to this item. 7. Consideration and possible action to modify an existing Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 41 — On -Sale Beer and Wine) at an existing restaurant located at 720 Allied Way, Suite D, EA No. 851 and AUP No. 09 -09. Applicant: The Veggie Grill (Fiscal Impact: N /A) Recommendation — (1) Receive and file this report without objecting to a modified Type 41 ABC license at 720 Allied Way, Suite D; (2) Alternatively, discuss and take other possible action related to this item. 8. Consideration and possible action regarding the approval to purchase a brush chipper for the Parks Maintenance Division. (Fiscal Impact: $33,82415) Recommendation — (1) Approve the purchase of the Vermeer 1200XL Brush Chipper; (2) Alternatively, discuss and take other action regarding this item. 9. Consideration and possible action to renew the City's agreement with TruGreen LandCare, for landscape maintenance services. (Fiscal Impact: $150,095) Recommendation — (1) Authorize the City Manager to execute a renewal to Landscape Maintenance Agreement # 3421 with TruGreen LandCare, in a form approved by the City Attorney. (2) Alternatively discuss and take other action related to this item. 10. Consideration and possible action regarding the request from "El Segundo Broadway in the Park ' to host a week -long professional theater performance in July 2010 at Recreation Parks' Softball Field. "El Segundo Broadway in the Park" is requesting the rental fees be waived for use of the field (Fiscal impact: None) Recommendation — (1) Approve the fee waiver request from "El Segundo Broadway in the Park" for the amount of $3,850; (2) Alternatively, discuss and take other action related to this item. 606 C1 11. Consideration and possible action regarding the second reading and adoption of Ordinance No. 1436 to amend Title 4, Chapter 11 regulating motion picture, radio, and television production within the City of El Segundo (Fiscal Impact: None) Recommendation — (1) Waive second reading and adopt Ordinance No. 1436; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to award a standard Public Works Contract to General Lighting and Electric, Inc. for the installation of new lighting poles and conduits at Joslyn Center (339 Sheldon Street).: Project No • PW 09 -14 (Fiscal Impact: 13,000.00) Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with General Lighting and Electric, Inc., in the amount of $11,910.00; (2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action on awarding RFP No. #09 -17 (Police Towing and Storage Services) to Manhattan Beach Towing as the City's primary tow contractor, and authorize the City Council to execute a four - year agreement in a form approved by the City Attorney with three one -year term extensions, for a maximum total contract length of seven years. (Fiscal Impact: None.) Recommendation — (1) Award a four -year contract to Manhattan Beach Towing as the City's primary tow contractor; (2) Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Manhattan Beach Towing; (3) Alternatively discuss and take other action related to this item. 14. Consideration and possible action to award a standard Public Works Contract to the lowest responsible bidder, Silvia Construction, Inc., for the rehabilitation of Mariposa Avenue from Sepulveda Boulevard to Nash Street. Project No.: PW 09 -01, Federal Project No.: LAES681 (Fiscal Impact: $234,000-00) Recommendation — (1) Authorize the City Manager to execute a standard Public Works Contract in a form as approved by the City Attorney with Silvia Construction, Inc., in the amount of $212,856.95; (2) Alternatively, discuss and take other action related to this item. 7 00 15. Consideration and possible action regarding approving a request from Big West Construction Corporation to substitute the door supplier listed in their Bid related to Group 38 (26 homes) of the City's Residential Sound Insulation Program (Project No RSI 09 -19) Recommendation — (1) Approve request from Big West Construction Corporation to substitute the door supplier listed in the Bid related to Group 38 of the City's Residential Sound Insulation Program; (2) Alternatively discuss and take other action related to this item. 16. Consideration and possible action to adopt a resolution opposing proposed Metropolitan Transportation Authority plans to construct a rail transit operations and maintenance facility for the Crenshaw Transit Corridor Project within the City of El Segundo. (Fiscal Impact: None Recommendation — (1) Adopt the proposed resolution; (2) Authorize the City Manager, or designee, to take appropriate action to oppose the proposed project; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 17. Consideration and possible action to request a survey from the Consolidated Fire Protection District of Los Angeles County to determine the feasibility of the Consolidated Fire Protection District of Los Angeles County (District) providing fire protection and related services to the City of El Segundo (City). The survey is intended to be used as a tool to educate the City Council and City staff on the operational and financial impacts on the City if the City were to elect to contract with the District for fire protection and related services instead of maintaining its own municipal fire department. (Fiscal Impact: $18,000 Refunded from Economic Uncertainty Fund, Fire Station #2 Designation Recommendation — (1) Authorize the City Manager to sign and forward a letter on behalf of the El Segundo City Council to the County of Los Angeles Board of Supervisors requesting a proposal from the Consolidated Fire Protection District of Los Angeles County to provide fire protection and related services to the City of El Segundo; (2) Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with the Consolidated Fire Protection District to prepare a report relating to Fire Protection, Paramedic, and Incidental Services; (3) Alternatively, discuss and take other action related to this item. I�U� 18. Consideration and possible action to (1) place an initiative on the ballot for the previously called April 13, 2010 municipal election to amend the City's utility user tax ( "UUT ") regulations (El Segundo Municipal Code ( "ESMC ") Chapter 3 -7) to update the language in regulations with regard to maintaining the City's revenues from the UUT tax based upon technological changes in communications methods; and (2) place an initiative on the ballot for the previously called April 13, 2010 municipal election to amend the City's business license tax regulations to (i) increase the tax amount annually based upon the ten -year average of percentage increase in public safety costs incurred by cities in California (ESMC Title 4), and (ii) reduce from a 50% credit to a 25% credit, over a three year period, the amount that businesses can reduce their annual business license tax based upon the annual sales /use tax they generate for the City. (Fiscal Impact: Projected approximate 6% per year increase to the City's business license tax for which the City collects an estimated $9,000,000 annually. Recommendation — (1) Adopt Resolution placing an initiative on the ballot amending utility user tax regulations; (2) Adopt Resolution placing an initiative on the ballot amending business license tax regulations; (3) Consider Adopting a Resolution directing the City Attorney to prepare an impartial analysis for the two ballot initiatives; (4) Determine whether the Council will appoint itself or members thereof to draft the arguments and rebuttal arguments in favor of the tax measures; (5) Alternatively discuss and take other action related to this item. 19. Consideration and possible direction to Planning and Building Safety staff to review and to prepare municipal code amendments to the existing off - street parking and loading requirements in El Segundo Municipal Code (ESMC) Chapter 15 -15 (Fiscal Impact: None Recommendation — (1) Receive staff presentation; (2) Direct staff regarding proceeding with further analysis and development of municipal code amendments to ESMC Chapter 15 -15 regarding off - street parking and loading requirements; (3) Alternatively, discuss and take other actions related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY 9 00- I. REPORTS — CITY CLERK 20. Consideration and possible action regarding Council consensus to cancel the January 5, 2010 City Council Meeting (Fiscal Impact: None Recommendation — (1) Approve cancellation of the January 5, 2010 City Council Meeting; (2) Alternatively discuss and take other action related to this item. J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Council Member Fisher — Council Member Jacobson — 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. MEMORIALS — 10 Cio CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: / VJ TIME: C1,115- a. w� NAME: j /7/.L- c.. 11 0i PRESENTATIONS a. Lighting Up the Community Ui2 rortamatl'on Citp of (?,[ *egunbo, California WHEREAS, The El Segundo Chamber of Commerce has given El Segundo the Annual Holiday Parade for the past 46 years, a tradition which both celebrates El Segundo and calls forth the Holiday Season; and WHEREAS, The parade, to be held Sunday, December 13, 2009 from 1:00 p.m. to 3:00 p.m., with a theme of Winter Wonderland, will assemble on the corner of Imperial Avenue and Main, and continue down Main Street, disbanding at El Segundo Boulevard; and WHEREAS, The parade will start with the Grand Marshall, end with the traditional Grand Finale - the Chevron Fire Truck, bringing Santa Claus through downtown El Segundo, and in between the crowds will be treated to a few surprises; and WHEREAS, The community is invited to other holiday festivities on Thursday, December loth, beginning at 3:00 p.m. with Santa's Village at City Hall Plaza, the Farmer's Market and Holiday Craft Fair on Main Street, and the Annual Tree Lighting Celebration in the Plaza from 4:00 p.m. to 5:30 p.m., followed by the Chamber of Commerce Holiday Mixer held at Citizens Business Bank. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby proclaim Sunday, December 13, 2009, as the 46thAnnual El Segundo Holiday Parade, and invite the community to all the traditional El Segundo holiday events and wish the Chamber of Commerce many more years of marching down Main Street. /fG��Y /Y+ . lcii� � Yr • /// . �iir� �/ 'i Y�Jn ^f / /�ii� �) / /iir��i�i %✓ ✓i 0 i 3 rortamatl'011 Citp of (el *egunbo, California I WHEREAS, Great and wonderful events are many times the inspiration of one person, like Ken Bailey, whose simple idea, that a decorated tree be placed at the end of the cul -de -sac on the 1200 Block of East Acacia in celebration of a neighborhood Christmas 1949, is 60 years later an annual holiday tradition in El Segundo, worthy of national media coverage, and known as Candy Cane Lane; and WHEREAS, Candy Cane Lane features Santa Claus arriving on top of a horn - blowing El Segundo fire truck to light the beautifully decorated homes on Candy Cane Lane as he makes his way into a snow - covered Christmas Village situated at the end of the cul -de -sac, where he then climbs on his sleigh from which he sends good cheer each year for 12 nights this year to hundreds of boys and girls, residents and tourists; and WHEREAS, Magnolia trees are brightly decorated and artificial snow is supplied by the City. The El Segundo Community Band plays and property owners dress up their homes for all the oohs and aahs and the tradition of Candy Cane Lane. A few good merry men of Candy Cane Lane, like Tom Lindsay, have given their merry Ho, Ho, Ho's, year after year, in the same Santa suit donated by Chevron. A big thanks to Spring Cleaners for generously making sure Santa's suit is sparkling and mended for the season and South Bay Vital Signs for creating a joyful entrance sign. The RSVPs and ESHS volunteers make sure the crowds maneuver down the Lane in a safe and orderly fashion; and toys are donated by Mattel and given to the children. WHEREAS, Bradys, Borgattas, Bruemmers, Brunnenkants, Doukakis, Eyres, the Harts, Hos, Hudspeth, Kehls, Leachs, Manumaleuna, McEwan, Mitchells, Moores, Mortesens, Odles, Palmers, Phillips, Sanchez, Schlenderings, Steinbergs, Turnbulls, Walters, and Warwicks NOW, THEREFORE, on this 1 sc day of December, 2009, the Mayor and Members of the City Council of the City of El Segundo, California, proclaim the 1200 Block of Acacia Avenue as CANDY CANE LANE from December 12, 2009 at 7:00 p.m., through December 23, 2009, and invite the young and young at heart to experience the wonders of this El Segundo holiday tradition. .,ll <oj.r .lJ / /j. - /��1ir /rte // •/ ,/ �I rirrr�l..�- C /i�.�r �, /gib /�r•� /;,V'rz- � -rarer eir� it �iiz- . %Jrirrr�r tel: �crrar�t.,�lfiyr /f,r % /r // �l /rGt 0 i`: ommellbatt'foll city of et *egunbo, California WHEREAS, the goal of the El Segundo Police Department's Retired Senior Volunteer Program ("RSVP") is to supplement and assist both the Field Operations and the Administrative Services Bureau in their efforts to better serve the citizens of the City of El Segundo; and WHEREAS, RSVP members are the "eyes and the ears" of the Police Department and, as representatives of the City and the Police Department, must maintain an image at all times that parallels the professionalism of the El Segundo Police Department; and WHEREAS, Maurice O'Brien has been an El Segundo Police Department RSVP since January 29, 2001, working not only the required four hours per week but contributing additional hours training new RSVP recruits, as well as working the DUI and Driver's License Checkpoints; and WHEREAS, Maurice O'Brien never fails to come to work with a smile and an eagerness to help with any request, and makes invaluable contributions to the RSVP program and to our community with enthusiasm and support; and WHEREAS, Maurice O'Brien has been selected by the City of El Segundo as the recipient of the El Segundo Police Department's RSVP of the Year award in recognition of the 135 plus volunteer hours he has given to the El Segundo Police Department's Retired Senior Volunteer Program. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, on this 1St day of December, 2009, hereby commend Maurice O'Brien for his invaluable contributions to the Retired Senior Volunteer Program, and invite all citizens in recognizing him as the El Segundo Police Department's RSVP of the Year. l C`.ia��7 /Yf/ e /✓ir � Ycr /// . % /ii;V� /i✓i✓rrc� - /�iir riY / rir /��li - /,.V rr 1/ � to 1 �, �✓✓rrrv�:Z�ii� /7 /�/ %C�7 //i i✓irrt�, /�ilr�.Y �/i it %Jrnir -ir V l �l EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action to waive the first reading and introduce a Water Efficient Landscape Ordinance for the City of El Segundo. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Receive staff presentation; 2. Discussion; 3. Waive first reading and introduce the proposed Ordinance; 4. Schedule second reading and adoption of Ordinance on December 15, 2009; and/or 5. Alternatively, discuss and take other possible related action to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Water Efficient Landscape Ordinance 2. Water Conservation in Landscaping Bill AB 1881 (Lair, 2006) 3. Department of Water Resources "Model Efficient Landscape Ordinance" (9/10/09) FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Director PI ing and Building Safety,L4 APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: I. Background The Water Conservation in Landscaping Act of 2006 (Assembly Bill 1881) mandates the City to implement landscape water conservation regulations by January 1, 2010. Pursuant to the Act, these regulations may be adopted by the local agency. Absent local regulations, the State's Model Ordinance will be imposed upon local agencies on January 1, 2010. The State's Model Ordinance is attached as Exhibit "A." Regrettably, the State's Model Ordinance did not become available until September 2009. Consequently, staff had little time within which to evaluate whether the State's mandate would work for El Segundo, or whether it was more desirable to adopt local regulations. Upon careful consideration, staff believes that greater flexibility and control can be established by adopting the City's own local landscape water conservation regulations. Accordingly, staff prepared the draft 1 010 ordinance for City Council consideration. If the City Council declines to adopt the draft ordinance, then the City will be forced to use the State's Model Ordinance. After vetting of the proposed draft ordinance, Staff will prepare guidelines for implementation of the ordinance that will be brought to the Council for consideration at a subsequent meeting. The guidelines would be adopted by resolution. The proposed ordinance amends El Segundo Municipal Code Chapter 10 -2 in its entirety regulating landscaping. The new regulations would apply to all new development or rehabilitated commercial, industrial, institutional, roadway and median landscaped areas, model home complexes, including all developer installed landscaping for new multi - family and single - family residential development with four or more units. The proposed regulations require the efficient use of potable and recycled water in landscaping areas greater than 2,500 square feet requiring a discretionary approval, a building or grading permit, plan check or utility permit. The ordinance promotes water efficient landscape design concepts, efficient water landscape irrigation systems, low water consumption plant species for the City's local climate, preventive erosion measures specifically for the local soil conditions, and includes a landscape maintenance schedule. II. Analysis In evaluating the proposed ordinance for the City it is "at least as effective as" the State Model Ordinance for Water Efficient Landscape. The proposed ordinance meets the requirements described and defined by the DWR, for the following reasons: 1. The ordinance requires compliance of irrigation areas for landscaping projects 2,500 square feet or greater requiring a building or plumbing permit. 2. The ordinance requires homeowner - provided or homeowner -hired projects exceeding 5,000 square feet of irrigated area to acquire a building permit or a plumbing permit. 3. The ordinance will reduce water use for landscaping by 30%. 4. Reclaimed water use for landscaping purposes will be encouraged where available throughout the city. 5. The adoption of the ordinance will result in more drought tolerant landscape design projects specifically for the local climate, soil and topographic conditions of a site. 6. Plants with similar watering needs will be grouped together and new turf for new landscaping projects will be limited. 7. New irrigation technology and valves that are more efficient will be implemented in new landscaping projects to reduce unnecessary water waste and water costs for water consumption related to landscaping areas. 8. Irrigation design improvements are recommended in the ordinance to ensure efficiency in the sprinkler system, including control of storm water and urban run -off pollution in our local storm drain system. 9. The City's water division in partnership with other city staff will regulate landscaping projects through the permitting process and ensure less water waste through the code enforcement process. 10. The City intends to forward the proposed Ordinance by January 31, 2010 and notify the State to meet the required deadline. 017 2 In reviewing the requirements of the State Model, it appears that some of the steps may be duplicative or redundant to the requirements in place in the City of El Segundo, while other steps may be able to be repackaged to simplify the application process, depending on the scale of the proposed project. It is the City's goal to keep local control of regulating landscaping projects and provide the necessary flexibility in the regulations to avoid complexity, redundancy, and cost of the permitting process. The permitting_ process will change in the following manner: A landscape project 2,500 square feet in landscape area or greater for a commercial or multi - family development that requires a discretionary approval, a building permit, or a plumbing permit would require that the applicant submit a Landscape Design Documentation Plan to the City for review and approval. The State legislation requires that the Landscape Design Documentation plans be prepared by a licensed architect and must bear the signature of the licensed professional, including a certification that the project complies with the new State Water Efficient Landscape requirements for water use. The Landscape Design Documentation Plan must also describe and include: 1. a list of water conserving plant species proposed for the project specifically for the El Segundo Climate Zone; 2. limited turf for areas greater than five feet in width, a dedicated potable or reclaimed water meter specifically for landscaping to facilitate monitoring the water use and leak detection in the sprinkler system; 3. the description of soil contents and proposed amendments if necessary; 4. topography of the project site; 5. an irrigation design that incorporates the most efficient technology available (timer with rain sensors, non -spray sprinkler heads, bubblers, drip lines, etc); 6. must include the projected yearly water usage for the project; 7. group plants together with other plants that have similar water requirements; 8. organic mulch or groundcovers that must be applied to exposed soil surface to prevent erosion and water evaporation; and 9. a maintenance or performance plan for the landscaping project. The maintenance or performance plan must show that watering will take place during early or late hours. The plan must also describe the proposed maintenance to the irrigation systems and controllers. The maintenance schedule must describe the routine inspections, adjustments and repairs to the irrigation system, aerating and de- thatching turf areas, replenishing mulch, fertilizing, pruning, and weeding. The final approval for the project requires a "Certificate of Completion." A Certificate of Completion must be obtained from the City. City staff must verify through the inspection process that all equipment, sprinklers and plant species installed conform to the approved plans for the project. A certified landscape auditor must perform a landscape irrigation audit to obtain a final Certificate of Occupancy. The final certificate of occupancy must be approved by the Building Official prior to occupancy for the landscape and irrigation system. Additionally, it is the policy of the City of El Segundo to continue promoting the use of West Basin Municipal Water District's reclaimed water infrastructure for the irrigation of large landscaping areas for new development where available and to promote the conservation of potable water. A majority of the City's new construction or development projects greater than 018 3 5,000 square feet in area are located adjacent to reclaimed water lines. The proposed Ordinance requires a developer to connect to the reclaimed water lines to reach the site. This will result in significant reductions in potable water use for new landscaping areas throughout the city and further the State's goal in reducing potable water consumption in landscaping by more than 30%. V. Environmental Review As set forth in the proposed ordinance, this matter is categorically exempt from further environmental 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 § §15307, et seq., the "CEQA Guidelines ") because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this Ordinance. VI. Recommendation Planning staff recommends that the City Council introduce and waive first reading of the attached draft Ordinance to approve Environmental Assessment No. EA -850. Second reading and adoption of the Ordinance would occur on December 15, 2009. U 1 k; 4 ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 10 -2, ENTITLED "WATER CONSERVATION IN LANDSCAPING," IN ITS ENTIRETY IN ACCORDANCE WITH GOVERNMENT CODE § 65595(C). The City Council does ordain as follows: SECTION 1: Chapter 10 -2 of the El Segundo Municipal Code ( "ESMC "), entitled "Water Conservation in Landscaping," is amended in its entirety to read as follows: "Chapter 2 WATER CONSERVATION IN LANDSCAPING 10 -2 -1: PURPOSE 10 -2 -2: DEFINITIONS 10 -2 -3: APPLICATION OF POLICIES 10 -2 -4: SUBMITTAL REQUIREMENTS 10 -2 -5: LANDSCAPING DESIGN REQUIREMENTS 10 -2 -6: WATER FEATURES 10 -2 -7: LANDSCAPE MAINTENANCE 10 -2 -8: MODEL HOME LANDSCAPING 10 -2 -9: VERIFICATION OF COMPLIANCE 10 -2 -10: PENALTIES FOR VIOLATION AND ENFORCEMENT 10 -2 -1: PURPOSE: This Chapter is adopted in accordance with Government Code § 65595(c) for the purpose of complying with California law and promoting water conservation. This Chapter may be referred to as the "Water Conservation In Landscaping Standards." The Water Conservation In Landscaping Standards are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost effective water efficient landscapes. 10 -2 -2: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated in the Water Conservation in Landscaping Act (Government Code §§ 65591, et seq.); regulations promulgating the Water Conservation in Landscaping Act; this Code; and any successor statutes or regulations. U�l� BACKFLOW PREVENTION DEVICE: means a safety device used to prevent pollution or contamination of the potable water supply due to the reverse flow of water from the irrigation system. CERTIFICATE OF COMPLETION: means the document that certifies that the landscape design plan, irrigation scheduling parameters and landscape project has been installed per the approved Landscape Documentation Package. An irrigation audit report must also be included to obtain the final certificate of completion for the project. CERTIFIED IRRIGATION DESIGNER: means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. CHECK VALVE: or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. CLIMATE ZONE: Plant species as described in the Sunset Western Climate Zone System for the City of El Segundo (Zone No. 24). DESIGNER: A person qualified to practice landscape architecture and /or irrigation design. DRIP IRRIGATION: means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. ECOLOGICAL RESTORATION PROJECT: means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. EMITTER: means a drip irrigation emission device that delivers water slowly from the system to the soil. ETo: means Reference Evapotranspiration which is the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch- tall cool season grass that is not water stressed. FLOW RATE: means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. Page 2 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 850 \Karl's Docs \ES - Landscape Regs -, New 11.24.09RevClean.doc "Guidelines" or the "City of El Segundo Land Development Provisions for Landscaping and the Guidelines for Implementation of Water Efficient Landscape" means regulations separately adopted by City Council resolution, and incorporated by reference into this chapter, providing specific regulations for water conservation. HARDSCAPES: means any durable material (pervious and non - pervious). HYDROZONE: means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated. INFILTRATION RATE: means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). INVASIVE PLANT SPECIES: means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. IRRIGATION AUDIT: means an in -depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. IRRIGATION SYSTEM: A complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. LANDSCAPE ARCHITECT: means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. LANDSCAPE AREA: means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or Page 3 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs New 11.24.09RevClean.doc 022 non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). LANDSCAPE DOCUMENTATION PACKAGE: means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Implementation procedures of this Water Conservation In Landscaping Standards. LANDSCAPE PROJECT: means total area of landscape in a project as defined in "landscape area" for the purposes of this Chapter, meeting requirements of this Water Efficient Chapter. LATERAL LINE: means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. LOCAL WATER PURVEYOR: means any entity, including a public agency, city, county, or private water company that provides retail water service. LOW VOLUME IRRIGATION: means the application of irrigation water at low pressure through a system of tubing or lateral lines and low - volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. MODEL HOME: means a facility used exclusively for the promotion and sale of homes similar to the model. MULCH: means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. NEW CONSTRUCTION: means, for the purposes of this chapter, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. OVERSPRAY: means the irrigation water which is delivered beyond the target area. PERMIT: means an authorizing document issued by local agencies for new construction or rehabilitated landscape. PERVIOUS: means any surface or material that allows the passage of water through the material and into the underlying soil. Page 4 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 850 \Karl's Docs \ES - Landscape Regs ,, New 11.24.09RevClean.doc 0 PLANTING AREA: The parcel area less building pad, driveway, patio, deck, walkway and parking area. "Planting area" includes water bodies (i.e., fountains, ponds, lakes) and natural areas. PLANTING PLAN: A planting plan shall identify location, spacing, numbers, container planting sizes of all plant materials including common and botanical names. PRECIPITATION RATE: means the rate of application of water measured in inches per hour. RAIN SENSOR: or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. RECYCLED WATER: "reclaimed water ", or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. REHABILITATED LANDSCAPE: Any landscaping project greater or equal to 2,500 square feet that requires a permit, plan check, or design review, and the planting area in which fifty percent (50 %) of existing landscape materials are replaced or modified within any twelve (12) month period. Examples include a change of plants or ground cover, and grading modifications within any twelve (12) month period. RUNOFF: means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. SOIL TEXTURE: means the classification of soil based on its percentage of sand, silt, and clay. SPECIAL LANDSCAPE AREA: (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. SPRINKLER HEAD: means a device which delivers water through a nozzle. TURF: Means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, Red fescue, and tall fescue are cool grasses. (Minimize cool season turf). Page 5 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs New 11.24.09RevClean.doc 0 Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm- season grass. VALVE: means a device used to control the flow of water in the irrigation system. WATER BUDGET CALCULATION: means the Maximum annual Applied Water Allowance calculated using this formula: MAWA = (ETo) (0.62) f0.7 x LA + 0.3 x SLAT MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (33.0 inches per year for the City of El Segundo). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area WATER FEATURE: means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. 10 -2 -3: APPLICATION OF POLICIES: A. Applicability. This chapter applies to new industrial, commercial, office and institutional developments; to public and private parks and other public recreational areas; to multi - family (3 or more units) residential and planned unit development common areas; to model home complexes; and to City road medians and corridors. B. Nonapplicability: This chapter is not applicable to: Cemeteries. Page 6 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 850 \Karl's Docs \ES - Landscape Regs 1 �� - New 11.24.09RevClean.doc L '2 J 2. Registered historical sites. 3. Ecological restoration projects that do not require a permanent irrigation system. 4. Mined -land reclamation projects that do not require a permanent irrigation system. 5. Any project with a landscaped area less than two thousand five hundred (2,500) square feet, unless the Director of Recreation and Parks determines that substantial compliance with the purpose of this Chapter requires that a landscape plan be submitted. 6. Any project or planting area that utilizes one hundred percent (100 %) reclaimed water. C. Exemptions. The City Manager, or designee, may authorize exemptions to any of the design and improvement standards in this Chapter. Such exemptions may be granted if the City Manager, or designee, finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this Chapter. 10 -2 -4: SUBMITTAL REQUIREMENTS: Applicants must submit the following: A. A Landscape Documentation Package for review and approval. B. The Landscape Documentation Package must include a certification by an appropriately licensed professional stating that the landscape design and water use calculations were prepared by or under the supervision of the licensed professional and are certified to comply with the Water Conservation in Landscaping Act. C. The Landscape Documentation Package must be prepared in accordance with the Guidelines and this chapter. Such plans must be submitted and approved before the City issues building permits to comply with this Chapter. D. Landscaping must be designed to be irrigated at not more than 0.7 of the reference evapotranspiration (ETo) and cannot exceed the MAWA. E. Before the City issues a building permit, a landscape plan Page 7 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs 026 New 11.24.09RevClean.doc application must be submitted and reviewed in accordance with this Chapter. Applications for landscape plan approval must be filed by the owner of the affected property or his agent, or by a public entity to which the provisions of the Chapter apply, on forms furnished by the Director of Planning and Building Safety. F. No landscape plan application can be approved unless the Director of Planning and Building Safety finds that the plan compliments the design of the project, is consistent with the provisions of this Chapter; compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot which is the subject of such application. 10 -2 -5: LANDSCAPING DESIGN REQUIREMENTS: A. Landscape Documentation Plan: Each landscape plan must include the following elements including, without limitation, the following: 1. Landscaping Design Plan: The planting plan must identify location, spacing, numbers, container sizes of all plant materials including common and botanical names, drawn on project base sheets in a clear and legible fashion in accordance with the policies established to implement the provisions of this Chapter. 2. Where possible, landscaping should be installed in the fall, in order to establish plant materials when they will benefit most from winter rains. 3. Selection of water conserving plants and turf species for the El Segundo Climate Zone (based on the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate). 4. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings sidewalks, and power lines). 5. Selection of plants based on disease and pest resistance. Page 8 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan ning) \826- 850 \EA 850 \Karl's Docs \ES - Landscape Regs / t , r, New 11.24.09RevClean.doc V 2 6. Lawns are limited to not more than 25% of the landscape area, and may not be used in areas less than 5 feet wide. 7. Turf is discouraged on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). 8. Turf or grass must be a water - conserving species; 9. The planting of high water use plants is limited to non -turf landscape area. The remaining landscape must be planted with low and moderate water use plant materials; 10. Plants having similar water requirements should be grouped together in distinct hydrozones. 11. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. B. Irrigation System Design Criteria: The irrigation plan must identify all components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the policies established to implement the provisions of this Chapter. The following Design Irrigation Elements must be included: 1. Irrigation systems must utilize recycled water if such lines are readily available adjacent to the site. 2. Irrigation system must identify potable or recycled water supply sources for meter. 3. A dedicated water meter is required on all landscapes over 5,000 square feet. 4. All irrigation systems must be designed to avoid runoff, overspray, low -head drainage, and other similar conditions where water flows off -site or on to paved areas. 5. Spray irrigation shall be separated from paved surfaces by landscape treatment that is not spray irrigated. 6. Spray irrigation shall not be used in medians and other narrow planting areas (five feet or less). Narrow areas Page 9 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs New 11.24.09RevClean.doc less than eight feet wide must be irrigated with subsurface or low volume irrigation. 7. Plants that require different amounts of water or plants that are located in separate hydrozones must be irrigated by a separate irrigation circuit. 8. Irrigation equipment should include a time controller that includes multiple programming capability, rain sensing devices, anti drain check valves, pressure regulation where PSI exceeds 80, and matched precipitation spray heads on each spray irrigation valve. 9. Weather -based or other sensor based self- adjusting irrigation controllers must be provided. 10. Rain sensors must be installed for each irrigation controller. 11. Automatic sprinkler timer must be programmed to water in the early morning or late hours during the day. 12. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf. 13. The estimated water use calculations for the project must be identified. The water use calculations must be certified by the landscape professional that it meets the Water Conservation in Landscaping Act requirements and bear the signature of the landscape professional as required by Business and Professions Code § 5615. C. The following Soil management report or specifications must be included: 1. Soil conditioning notes should be included. The soil notes may include a description of: soil texture, water holding capacity, infiltration rate, PH, total soluble salts, sodium, percentage of organic material, and implementation of recommended amendments to the soil. The recommended amendments for the soil must be appropriate for the plants selected. 2. A minimum two (2) inch layer of mulch must be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers, or direct seeding applications where mulch is contraindicated. Page 10 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs ( 029 New 11.24.09RevClean.doc l� One and one -half inches of mulch is acceptable for areas of ground cover planted from flats. 3. Stabilizing mulching products must be used on slopes. 4. A grading design plan must be included if significant changes are proposed for the project. The grading plan must be prepared to minimize soil erosion, runoff, and water waste. The grading plan must show storm water retention improvements, if applicable. The grading and drainage patterns must show that the landscape irrigation and normal rainfall remains within the property and does not drain to non - permeable hardscape surface finishes. The grading plan must be certified stating that the project complies with the chapter for the efficient use of water in the grading design plan and must bear the signature of a licensed professional as authorized by State law. 10 -2 -6: WATER FEATURES: Decorative water features such as pools, ponds, and waterfalls used in landscaped areas must incorporate recycling of water, and must use recycled water where it is feasible, cost effective, and meets health standards. 10 -2 -7: LANDSCAPE MAINTENANCE: The property owner must permanently and continuously maintain landscaping and irrigation in a neat, clean and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and /or dead plants and malfunctioning or missing irrigation system components. The water purveyor will monitor the annual water use at each project site and may require that corrections be made if water consumption substantially exceeds the average yearly water use for landscaping areas. 10 -2 -8: MODEL HOME LANDSCAPING: For each subdivision with model homes, the developer must submit a landscape plan and install landscaping for each model home, incorporating the policies of this Chapter and including: A. Signs identifying elements of the water - conserving landscape and irrigation system design placed around the model. B. Literature describing water conserving landscapes to be available to individuals touring the model. Page 11 of 15 (' . PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 850 \Karl's Docs \ES - Landscape Regs v v New 11.24.09RevClean.doc 10 -2 -9: VERIFICATION OF COMPLIANCE: A. Landscape Certificate of Completion. Upon completion of the installation of the landscaping, the landscape architect, irrigation designer, contractor, or owner must certify that the landscape complies with all policies of this Chapter. A Certificate of Completion must be obtained from the City. City staff must verify through the inspection process that all equipment, sprinklers and plant species installed conform to the approved Landscape Documentation Package plans for the project. Certification must be accomplished by completion of a landscape certificate on a form approved by the Planning and Building Safety Director. Additionally, a certified landscape auditor must perform a landscape irrigation audit to obtain final. The final certificate of occupancy must be approved by the Building Official before occupancy for the landscape and irrigation system. Failure to submit a complete and accurate landscape certificate will delay final approval of the project and /or discontinue water service. B. The following items must be submitted for review to request a Certificate of Compliance: Certificate of plant installation. 2. Final soils information. 3. Irrigation scheduling parameters. 4. Irrigation Audit Report. 5. Maintenance schedules. C. The verification of compliance of the landscape installation with approved plans must be obtained through the certificate of completion in conjunction with a Certificate of Occupancy. D. The certificate of completion must be accompanied by an irrigation audit that contains the following: Operation pressure of the irrigation system. 2. Distribution uniformity of overhead irrigation. 3. Precipitation rate of overhead irrigation Page 12 of 15 ,� PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 850 \EA 850 \Karl's Docs \ES Landscape Regs U 3 1 New 11.24.09RevClean.doc 4. Report of any overspray or broken irrigation equipment E. Irrigation schedule including: 1. Plant establishment irrigation schedule. 2. Regular irrigation schedule by month including: plant type, root depth, soil type, slope factor, shade factor, irrigation interval (days per week), irrigation day, gallons per minute for each valve, precipitation rate, distribution uniformity and monthly estimated water use calculations. F. An irrigation maintenance schedule timeline must be attached to the certificate of completion that includes: 1. Routine inspections, adjustment and repairs to the irrigation system, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning and weeding. 2. A final inspection must be performed by City staff to verify compliance. The final building permit approval will not be complete until the landscape inspection is approved. 3. A certified landscape auditor must perform a landscape irrigation audit to obtain Certificate of Occupancy. 4. Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and requirements, and will be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor and the City. 10 -2 -10: PENALTIES FOR VIOLATION AND ENFORCEMENT: A. It is unlawful for any person to violate, to cause, or to maintain a violation of this Chapter. B. It is unlawful to any person to remove or cause removal of water - conserving irrigation valves or equipment contrary to the provisions of this Chapter." SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it Page 13 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Plan n i ng)\826-850\EA 850 \Karl's Docs \ES - Landscape Regs New 11.24.09RevClean.doc 0'32 establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 3: PUBLIC NOTIFICATION. The City Manager, or designee, is directed to provide public notification regarding the regulations set forth in this ordinance through any reasonable means including, without limitation, newspaper publications, flyers contained within the City's utility bills, and advertising on the City's cable channel. SECTION 4: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any other regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 5: SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 6: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 7: The City Clerk must certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code § 36993, for the City of El Segundo. Page 14 of 15 PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs 3 New 11.24.09RevClean.doc PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney Page 15 of 15 A PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 850 \Karl's Docs \ES - Landscape Regs 031-1 New 11.24.09RevClean.doc LE �C1 Assembly Bill No. 1881 CHAPTER 559 An act to add Section 1353.8 to the Civil Code, to repeal and add Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code, to add Section 25401.9 to the Public Resources Code, and to add Article 4.5 (commencing with Section 535) to Chapter 8 of Division 1 of the Water Code, relating to water conservation. [Approved by Govemor September 28, 2006. Filed with Secretary of State September 28, 2006.] LEGISLATIVE COUNSEL'S DIGEST AB 1881, Laird. Water conservation. (1) Existing law, -the Davis - Sterling Common Interest Development Act, defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. This bill would provide that the architectural guidelines of a common interest development shall not prohibit or include conditions that have the effect of prohibiting the use of low water -using plants as a group.. (2) The Water Conservation in Landscaping Act requires the Department of Water Resources to appoint an advisory task force to work with the department to draft a model local water efficient landscape ordinance that local agencies may adopt, requires the task force to submit the ordinance to the department on or before May 1, 1991, and requires the task force to cease to exist on the date the department adopts the model ordinance or January 1, 1992, whichever occurs first. The act requires the department, not later than January 1, 1992, to adopt a model local water efficient landscape ordinance which each local agency may adopt. The act makes the model local water efficient landscape ordinance adopted by the department applicable within the jurisdiction of a local agency if that local agency, by January 1, 1993, has not adopted a water efficient landscape ordinance or has not adopted certain findings that the adoption of the ordinance is unnecessary. This bill would specify that the provision making the model ordinance applicable to a local agency on and after January 1, 1993, does not apply to chartered cities. The bill would require the department, to the extent funds are appropriated, not later than January 1, 2009, by regulation, to update the model ordinance in accordance with specified requirements. The bill would require the department to prepare and submit to the Legislature a prescribed report before the adoption of the updated model ordinance. The bill would require a local agency, not later than January 1, 2010, to adopt the updated model ordinance or other water efficient 92 035 Ch. 559 —2— landscape ordinance that is at least as effective in conserving water as the updated model ordinance. The bill would make the updated model ordinance applicable within the jurisdiction of a local agency, including a chartered city, if, by January 1, 2010, the local agency has not adopted its own water efficient landscape ordinance or the updated model ordinance. The bill would require each local agency, not later than January 31, 2010, to notify the department as to whether the local agency is subject to the department's updated model ordinance and, if not, to submit to the department a copy of the water efficient landscape ordinance adopted by the local agency, among other documents. The bill would require the department, to the extent funds are appropriated, not later than January 31, 2011, to prepare and submit a report to the Legislature relating to the status of water efficient landscape ordinances adopted by local agencies. By imposing requirements on local agencies in connection with the adoption of water efficient landscape ordinances, the bill would impose a state- mandated local program. (3) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission), after one or more public hearings, to take specified action to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy. Existing law requires the Energy Commission, by January 1, 2004, to amend specified regulations to require that residential clothes washers manufactured on or after January 1, 2007, be at least as water efficient as commercial clothes washers, and to take certain other related action. This bill would require the Energy Commission, in consultation with the department, to adopt, to the extent funds are available, by regulation performance standards and labeling requirements for landscape irrigation e— -mp en�__inc�uding irrigation controllers, devices, and vtyes to _reduce the .wasteful, uneconomic,.. inefficient,_9�_ unnecessary cons_uroption of_eny erg or wale ,__The bill would require the Energy Commission to adopt those requirements for landscape irrigation controllers and moisture sensors by January 1, 2010, and, on and after January 1, 2012, would prohibit the sale or installation of an irrigation controller or moisture sensor for landscape use unless the controller or sensor meets those adopted requirements. The bill would require the Energy Commission, on or before January 1, 2010, to prepare and submit to the Legislature a report that sets forth a proposed schedule for adopting performance standards and labeling requirements for emission devices and valves. (4) Existing law generally requires an urban water supplier to install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025. This bill would require a water purveyor as defined, to require as a condition of new retail water service on and after January 1, 2008, the installation of separate water meters to measure the volume of water used exclusively for landscape purposes. The bill would make this requirement applicable to specified service connections. 92 U36 -3— Ch. 559 (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. The people of the State of California do enact as follows: SECTION 1. Section 1353.8 is added to the Civil Code, to read: 1353.8. The architectural guidelines of a common interest development shall not prohibit or include conditions that have the effect of prohibiting the use of low water -using plants as a group. SEC. 2. Article 10.8 (commencing with Section 65591) of Chapter 3 of Division 1 of Title 7 of the Government Code is repealed. SEC. 3. Article 10.8 (commencing with Section 65591) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.8. Water Conservation in Landscaping 65591. This article shall be known and may be cited as the Water Conservation in Landscaping Act. 65592. Unless the context requires otherwise, the following definitions govern the construction of this article: (a) "Department" means the Department of Water Resources. (b) "Local agency" means any city, county, or city and county, including a charter city or charter county. (c) "Water efficient landscape ordinance" means an ordinance or resolution adopted by a local agency, or prepared by the department, to address the efficient use of water in landscaping. 65593. The Legislature finds and declares all of the following: (a) The waters of the state are of limited supply and are subject to ever increasing demands. (b) The continuation of California's economic prosperity is dependent on adequate supplies of water being available for future uses. (c) It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. (d) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development. (e) Landscape design, installation, maintenance, and management can and should be water efficient. (f) Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the 92 037 Ch. 559 —4— beneficial use to be served and the right does not and shall not extend to waste or unreasonable use or unreasonable method of use. (g) (1) The Legislature, pursuant to Chapter 682 of the Statutes of 2004, requested the California Urban Water Conservation Council to convene a stakeholders work group to develop recommendations for improving the efficiency of water use in urban irrigated landscapes. (2) The work group report includes a recommendation to update the model water efficient landscape ordinance adopted by the department pursuant to Chapter 1145 of the Statutes of 1990. (3) It is the intent of the Legislature that the department promote the use of this updated model ordinance. (h) Notwithstanding Article 13 (commencing with Section 65700), this article addresses a matter that is of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Accordingly, it is the intent of the Legislature that this article, except as provided in Section 65594, apply to all cities and counties, including charter cities and charter counties. 65594. (a) Except as provided in Section 65595, if by January 1, 1993, a local agency did not adopt a water efficient landscape ordinance and did not adopt findings based on climatic, geological, or topographical conditions, or water availability that state that a water efficient landscape ordinance is unnecessary, the model water efficient landscape ordinance adopted by the department pursuant to Chapter 1145 of the Statutes of 1990 shall apply within the jurisdiction of the local agency as of that date, shall be enforced by the local agency, and shall have the same force and effect as if adopted by the local agency. (b) Notwithstanding subdivision (b) of Section 65592, subdivision (a) does not apply to chartered cities. (c) This section shall apply only until the department updates the model ordinance. 65595. (a) (1) To the extent funds are appropriated, not later than January 1, 2009, by regulation, the department shall update the model water efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990, after holding one or more public hearings. The updated model ordinance shall be based on the recommendations set forth in the report prepared pursuant to Chapter 682 of the Statutes of 2004 and shall meet the requirements of Section 65596. (2) Before the adoption of the updated model ordinance pursuant to paragraph (1), the department shall prepare and submit to the Legislature a report relating to both of the following: (A) The extent to which local agencies have complied with the model water efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990. (B) The department's recommendations regarding the landscape water budget component of the updated model ordinance described in subdivision (b) of Section 65596. 92 ,-38 -5— C h. 559 (b) Not later than January 31, 2009, the department shall distribute the updated model ordinance adopted pursuant to subdivision (a) to all local agencies and other interested parties. (c) On or before January 1, 2010, a local agency shall adopt one of the following: (1) A water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the department pursuant to subdivision (a). (2) The updated model ordinance described in paragraph (1). (d) If the local agency has not adopted, on or before January 1, 2010, a water efficient landscape ordinance pursuant to subdivision (c), the updated model ordinance adopted by the department pursuant to subdivision (a) shall apply within the jurisdiction of the local agency as of that date, shall be enforced by the local agency, and shall have the same force and effect as if adopted by the local agency. (e) Nothing in this article shall be construed to require the local agency's water efficient landscape ordinance to duplicate, or to conflict with, a water efficiency program or measure implemented by a public water system, as defined in Section 116275 of the Health and Safety Code, within the jurisdictional boundaries of the local agency. 65596. The updated model_ ordinance adopted pursuant to Section 65595 shall do all the following in order to reduce water use: (a) Include provisions for water conservation and the appropriate use and groupings of plants that are well- adapted to particular sites and to particular climatic, soil, or topographic conditions. The model ordinance shall not prohibit or require specific plant species, but it may include conditions for the use of plant species or encourage water conserving plants. However, the model ordinance shall not include conditions that have the effect of prohibiting or requiring specific plant species. (b) Include a landscape water budget component that establishes the maximum amount of water to be applied through the irrigation system, based on climate, landscape size, irrigation efficiency, and plant needs. (c) Promote the benefits of consistent local ordinances in neighboring areas. (d) Encourage the capture and retention of stormwater onsite to improve water use efficiency or water quality. (e) Include provisions for the use of automatic irrigation systems and irrigation schedules based on climatic conditions, specific terrains and soil types, and other environmental conditions. The model ordinance shall include references to local, state, and federal laws and regulations regarding standards for water - conserving irrigation equipment. The model ordinance may include climate information for irrigation scheduling based on the California Irrigation Management Information System. (f) Include provisions for onsite soil assessment and soil management plans that include grading and drainage to promote healthy plant growth and to prevent excessive erosion and runoff, and the use of mulches in shrub areas, garden beds, and landscaped areas where appropriate. 92 Ch. 559 —6— (g) Promote the use of recycled water consistent with Article 4 (commencing with Section 13520) of Chapter 7 of Division 7 of the Water Code. (h) Seek to educate water users on the efficient use of water and the benefits of doing so. (i) Address regional differences, including fire prevention needs. 0) Exempt landscaping that is part of a registered historical site. (k) Encourage the use of economic incentives to promote the efficient use of water. (n Include provisions for landscape maintenance practices that foster long -term landscape water conservation. Landscape maintenance practices may include, but are not limited to, performing routine irrigation system repair and adjustments, conducting water audits, and prescribing the amount of water applied per landscaped acre. (m) Include provisions to minimize landscape irrigation overspray and runoff. 65597. Not later than January 31, 2010, each local agency shall notify the department as to whether the local agency is subject to the department's updated model ordinance adopted pursuant to Section 65595, and if not, shall submit to the department a copy of the water efficient landscape ordinance adopted by the local agency, and a copy of the local agency's findings and evidence in the record that its water efficient landscape ordinance is at least as effective in conserving water as the department's updated model ordinance. Not later than January 31, 2011, the department shall, to the extent funds are appropriated, prepare and submit a report to the Legislature summarizing the status of water efficient landscape ordinances adopted by local agencies. 65598. Any model ordinance adopted pursuant to this article shall exempt cemeteries from all provisions of the ordinance except those set forth in subdivisions (h), (k), and (1) of Section 65596. In adopting language specific to cemeteries, the department shall recognize the special landscape management needs of cemeteries. 65599. Any actions or proceedings to attach, review, set aside, void, or annul the act, decision, or findings of a local agency on the ground of noncompliance with this article shall be brought pursuant to Section 1085 of the Code of Civil Procedure. SEC. 4. Section 25401.9 is added to the Public Resources Code, to read: 25401.9. (a) To the extent that funds are available, the commission, in consultation with the Department of Water Resources, shall adopt by regulation, after holding one or more public hearings, performance standards and labeling requirements for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves, for the purpose of reducing the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water. (b) For the purposes of complying with subdivision (a), the commission shall do all of the following: 92 U�0 -7— Ch. 559 (1) Adopt performance standards and labeling requirements for landscape irrigation controllers and moisture sensors on or before January 1, 2010. (2) Consider the Irrigation Association's Smart Water Application Technology Program testing protocols when adopting performance standards for landscape irrigation equipment, including, but not limited to, irrigation controllers, moisture sensors, emission devices, and valves. (3) Prepare and submit a report to the Legislature, on or before January 1, 2010, that sets forth on a proposed schedule for adopting performance standards and labeling requirements for emission devices and valves. (c) On and after January 1, 2012, an irrigation controller or moisture sensor for landscape irrigation uses may not be sold or installed in the state unless the controller or sensor meets the performance standards and labeling requirements established pursuant to this section. SEC. 5. Article 4.5 (commencing with Section 535) is added to Chapter 8 of Division 1 of the Water Code, to read: Article 4.5. Irrigated Landscape 535. (a) A water purveyor shall require as a condition of new retail water service on and after January 1, 2008, the installation of separate water meters to measure the volume of water used exclusively for landscape purposes. (b) Subdivision (a) does not apply to either of the following: (1) Single - family residential connections. (2) Connections used to supply water for the commercial production of agricultural crops or livestock. (c) Subdivision (a) applies only to a service connection for which both of the following apply: (1) The connection serves property with more than 5,000 square feet of irrigated landscape. (2) The connection is supplied by a water purveyor that serves 15 or more service connections. (d) For the purposes of this section, "new retail water service" means the installation of a new water meter where water service has not been previously provided, and does not include applications for new water service submitted before January 1, 2007. SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. EG 92 041 Model Water Efficient Landscape Ordinance (?4� California Code of Regulations Title 23. Waters Division 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance § 490. Purpose. (a) The State Legislature has found: (1) that the waters of the state are of limited supply and are subject to ever increasing demands, (2) that the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) that it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; (4) that landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and (5) that landscape design, installation, maintenance and management can and should be water efficient; and (6) that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. (b) Consistent with these legislative findings, the purpose of this model ordinance is to: (1) promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (2) establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects; (3) establish provisions for water management practices and water waste prevention for existing landscapes; (4) use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; (5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; (6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered -rate structure; and (7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code. § 490.1 Applicability (a) After January 1, 2010, this ordinance shall apply to all of the following landscape projects: (1) new construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; (2) new construction and rehabilitated landscapes which are developer- installed in single - family and multi - family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; (3) new construction landscapes which are homeowner - provided and/or homeowner -hired in single - family and multi - family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review; t! 4 3 2 (4) existing landscapes limited to Sections 493, 493.1 and 493.2; and (5) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11 and 492.12; and existing cemeteries are limited to Sections 493, 493.1 and 493.2. (b) This ordinance does not apply to: (1) registered local, state or federal historical sites; (2) ecological restoration projects that do not require a permanent irrigation system; (3) mined -land reclamation projects that do not require a permanent irrigation system; or (4) plant collections, as part of botanical gardens and arboretums open to the public. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 491. Definitions. The terms used in this ordinance have the meaning set forth below: (a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather- based) or soil moisture data. (c) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" means the document required under Section 492.9. (e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (f) "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i) "conversion factor (0.62)" means the number that converts acre - inches per acre per year to gallons per square foot per year 0) "drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (k) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (1) "effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. (m) "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. (n) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (o) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. (p) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 492.4. (q) "ET adjustment factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)= (0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non - rehabilitated landscapes is 0.8. (r) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (s) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (t) "hardscapes" means any durable material (pervious and non - pervious). (u) "homeowner- provided landscaping" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner - occupied dwellings. (v) "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated. (w) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (x) "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (y) "irrigation audit" means an in -depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune -up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (z) "irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. (aa) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (bb) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. (cc) "landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615. (dd) "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non - pervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). �}45 4 (ee) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (ff) "Landscape Documentation Package" means the documents required under Section 492.3. (gg) "landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1. (hh) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (ii) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. 0j) "local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. (kk) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low- volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (11) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (mm) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. (nn) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (oo) "mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (pp) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (qq) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (rr) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (ss) "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). (tt) "overspray" means the irrigation water which is delivered beyond the target area. (uu) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. (vv) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (ww) "plant factor" or "plant water use factor" is a factor , when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant n 5 � t�� factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species ". (xx) "precipitation rate" means the rate of application of water measured in inches per hour. (yy) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (zz) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (aaa) "record drawing" or "as- builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (bbb) "recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. (ccc) "recycled water ", "reclaimed water ", or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation and water features. This water is not intended for human consumption. (ddd) "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, and is an estimate of the evapotranspiration of a large field of four- to seven -inch tall, cool- season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. (eee) "rehabilitated landscape" means any re- landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490. 1, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year. (fff) "runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (ggg) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (hhh) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (iii) "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. (jjj) "sprinkler head" means a device which delivers water through a nozzle. (kkk) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (111) "station" means an area served by one valve or by a set of valves that operate simultaneously. (mmm) "swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (nnn) "turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool - season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm - season grasses. (000) "valve" means a device used to control the flow of water in the irrigation system. (ppp) "water conserving plant species" means a plant species identified as having a low plant factor. (qqq) "water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in s f' 4 r the high water use hydrozone of the landscape area. Constructed wetlands used for on -site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (rrr) "watering window" means the time of day irrigation is allowed. (sss) "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code. § 492. Provisions for New Construction or Rehabilitated Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.1 Compliance with Landscape Documentation Package. (a) Prior to construction, the local agency shall: (1) provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; (2) review the Landscape Documentation Package submitted by the project applicant; (3) approve or deny the Landscape Documentation Package; (4) issue a permit or approve the plan check or design review for the project applicant; and (5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. (b) Prior to construction, the project applicant shall: (1) submit a Landscape Documentation Package to the local agency. (c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall: (1) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (2) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (3) submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.2 Penalties. (a) A local agency may establish and administer penalties to the project applicant for non - compliance with the ordinance to the extent permitted by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 7 Q,48 § 492.3 Elements of the Landscape Documentation Package. (a) The Landscape Documentation Package shall include the following six (6) elements: (1) project information; (A) date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet) (E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner - installed) (F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) checklist of all documents in Landscape Documentation Package (H) project contacts to include contact information for the project applicant and property owner (I) applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package ". (2) Water Efficient Landscape Worksheet; (A) hydrozone information table (B) water budget calculations 1. Maximum Applied Water Allowance (MAWA) 2. Estimated Total Water Use (ETWU) (3) soil management report; (4) landscape design plan; (5) irrigation design plan; and (6) grading design plan. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.4 Water Efficient Landscape Worksheet. (a) A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections (see sample worksheet in Appendix B): (1) a hydrozone information table (see Appendix B, Section A) for the landscape project; and (2) a water budget calculation (see Appendix B, Section B) for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. (b) Water budget calculations shall adhere to the following requirements: (1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (3) All Special Landscape Areas shall be identified and their water use calculated as described below. (4) ETAF for Special Landscape Areas shall not exceed 1.0. (c) Maximum Applied Water Allowance The Maximum Applied Water Allowance shall be calculated using the equation: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] 8 U49 The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing and /or planned landscape project. The ETo values used in these calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. (1) Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an irrigated landscape area of 50,000 square feet without any Special Landscape Area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Fresno is 5 1. 1 inches as listed in the Reference Evapotranspiration Table in Appendix A. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) 0.7 = ET Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,108,870 gallons per year To convert from gallons per year to hundred - cubic -feet per year: = 1,108,870/748 = 1,482 hundred - cubic -feet per year (100 cubic feet = 748 gallons) (2) In this next hypothetical example, the landscape project in Fresno, CA has the same ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a Special Landscape Area. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)] = 31.68 x [35,000 + 6001 gallons per year = 31.68 x 35,600 gallons per year = 1,127,808 gallons per year or 1,508 hundred - cubic -feet per year (d) Estimated Total Water Use. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA. ETWU = (ETo)(0.62) PFIE A + SLA J Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.71) 9 U :; 0 (1) Example ETWU calculation: landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is 51.1 inches per year. There are no Special Landscape Areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example. :Hydr:ozon:e Plant Water Use T e(s) Plant Factor (PF)* Hydrozone Area (HA) (s uare feet) PF x HA (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 10,000 7,000 3 Medium 0.5 16,000 8,000 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 24,700 *Plant Factor from WUCOLS ETWU= (51.1)(0.62 24.700 +0 = 1,102,116 gallons per year Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] _ 1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA (1,108,870 gallons per year). In this example, the water budget complies with the MAWA. (2) Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square feet of which is planted with edible plants. The edible plant area is considered a Special Landscape Area (SLA). The reference evapotranspiration value is 5 1. 1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below. H drozone Plant Water Use Type(s) Plant Factor (PF)* Hydrozone Area (HA) (square feet) PF x HA (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 9,000 6,300 3 Medium 0.5 15,000 7,500 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 23,500 6 SLA 1.0 2,000 2,000 *Plant Factor from WUCOLS ETWU = (51.1)(0.62) ( .1 23,500 +2,000 = (31.68) (33,099 + 2,000) )) = 1,111,936 gallons per year 10 c5l Compare ETWU with MAWA. For this example: MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)] = 31.68 x [35,000 + 6001 = 31.68 x 35,600 = 1,127,808 gallons per year The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this example, the water budget complies with the MAWA. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.5 Soil Management Report. (a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis may include: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. (3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.6 Landscape Design Plan. (a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended: 1. protection and preservation of native species and natural vegetation; 2. selection of water - conserving plant and turf species; 11 i.�J� 3. selection of plants based on disease and pest resistance; 4. selection of trees based on applicable local tree ordinances or tree shading guidelines; and 5. selection of plants from local and regional landscape program plant lists. (B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended: 1. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; 2. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; and 3. consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. (F) The use of invasive and /or noxious plant species is strongly discouraged. (G) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low -water use plants as a group. (2) Water Features (A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used as a source for decorative water features. (C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (D) Pool and spa covers are highly recommended. (3) Mulch and Amendments (A) A minimum two inch (2 ") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (B) Stabilizing mulching products shall be used on slopes. (C) The mulching portion of the seed/mulch slurry in hydro- seeded applications shall meet the mulching requirement. (D) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5). (b) The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non - pervious); 12 053 (10) identify location and installation details of any applicable stormwater best management practices that encourage on -site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to: (A) infiltration beds, swales, and basins that allow water to collect and soak into the ground; (B) constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and (C) pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. (11) identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan "; and (13) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Titlel6 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code and Section 1351, Civil Code. § 492.7 Irrigation Design Plan. (a) For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (A) Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. (B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. (C) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure - regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static water pressure, dynamic or operating pressure. and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (E) Manual shut -off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. 13 U5 (F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (G) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. (H) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non - targeted areas, such as adjacent property, non - irrigated areas, hardscapes, roadways, or structures. (I) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (J) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (K) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 492.4 regarding the Maximum Applied Water Allowance. (L) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (M) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (N) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (0) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (P) Swing joints or other riser - protection components are required on all risers subject to damage that are adjacent to high traffic areas. (Q) Check valves or anti -drain valves are required for all irrigation systems. (R) Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system. (S) Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non - permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.7 (a)(1)(H). Prevention of overspray and runoff must be confirmed during the irrigation audit. (T) Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydrozone (A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. (D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if: 14��J 1. plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 2. the plant factor of the higher water using plant is used for calculations. (E) Individual hydrozones that mix high and low water use plants shall not be permitted. (F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. (b) The irrigation design plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section 492.14; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan "; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.8 Grading Design Plan. (a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (1) The project applicant shall submit a-landscape grading plan that indicates finished configurations and elevations of the landscape area including: (A) height of graded slopes; (B) drainage patterns; (C) pad elevations; (D) finish grade; and (E) stormwater retention improvements, if applicable. (2) To prevent excessive erosion and runoff, it is highly recommended that project applicants: (A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non - permeable hardscapes; (B) avoid disruption of natural drainage patterns and undisturbed soil; and (C) avoid soil compaction in landscape areas. (3) The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 15 VJt.j § 492.9 Certificate of Completion. (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) project information sheet that contains: (A) date; (B) project name; (C) project applicant name, telephone, and mailing address; (D) project address and location; and (E) property owner name, telephone, and mailing address; (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these "as- built" or record drawings shall be included with the certification; (3) irrigation scheduling parameters used to set the controller (see Section 492.10); (4) landscape and irrigation maintenance schedule (see Section 492.11); (5) irrigation audit report (see Section 492.12); and (6) soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.5). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agency for review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agency shall: (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.10 Irrigation Scheduling. (a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (4) Parameters used to set the automatic controller shall be developed and submitted for each of the following: (A) the plant establishment period; 16,.E (B) the established landscape; and (C) temporarily irrigated areas. (5) Each irrigation schedule shall consider for each station all of the following that apply: (A) irrigation interval (days between irrigation); (B) irrigation run times (hours or minutes per irrigation event to avoid runoff); (C) number of cycle starts required for each irrigation event to avoid runoff; (D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting; (F) root depth setting; (G) plant type setting; (H) soil type; (I) slope factor setting; (J) shade factor setting; and (K) irrigation uniformity or efficiency setting. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.11 Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. (d) A project applicant is encouraged to implement sustainable or environmentally - friendly practices for overall landscape maintenance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.12 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (b) For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 490.1: (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune -up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 17 8 § 492.13 Irrigation Efficiency. (a) For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.14 Recycled Water. (a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in Section 492.14(b). (b) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. (c) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. (d) Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.15 Stormwater Management. (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on -site retention and infiltration are encouraged. (b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. (c) Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.16 Public Education. (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. (1) A local agency shall provide information to owners of new, single- family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 18 ui 5 ;� § 492.17 Environmental Review. (a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080, 21082, Public Resources Code. § 493. Provisions for Existing Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) This section, 493.1, shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size. (1) For all landscapes in 493.1(a) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.2 Water Waste Prevention. (a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non - irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. (b) Restrictions regarding overspray and runoff may be modified if: (1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) the adjacent non - permeable surfaces are designed and constructed to drain entirely to landscaping. Note: Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code. § 494. Effective Precipitation. (a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 19 i'GO Appendices. Appendix A. Reference Evapotranspiration (ETo) Table. 20 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo ALAMEDA 1.5 1.9 3.4 4.7 5.4 6.3 6.7 6.0 4.5 3.4 1.8 1.5 47.0 Fremont 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 1.5 0.9 47.2 Livermore 1.5 1.5 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.1 1.4 0.9 41.8 Oakland Oakland Foothills 1.1 1.4 2.7 3.7 5.1 6.4 5.8 4.9 3.6 2.6 1.4 1.0 39.6 Pleasanton 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 Union City 1.4 1.8 3.1 4.2 5.4 5.9 6.4 5.7 4.4 3.1 1.5 1.2 44.2 ALPINE Markleeville 0.7 0.9 2.0 3.5 5.0 6.1 7.3 6.4 4.4 2.6 1.2 0.5 40.6 AMADOR 1.2 1.5 2.8 4.4 6.0 7.2 7.9 7.2 5.3 3.2 1.4 0.9 48.9 Jackson Shanandoah Valley 1.0 1.7 2.9 4.4 5.6 6.8 7.9 7.1 5.2 3.6 1.7 1.0 48.8 BUTTE Chico 1.2 1.8 2.9 4.7 6.1 7.4 8.5 7.3 5.4 3.7 1.7 1.0 51.7 Durham 1.1 1.8 3.2 5.0 6.5 7.4 7.8 6.9 5.3 3.6 1.7 1.0 51.1 Gridley 1.2 1.8 3.0 4.7 6.1 7.7 8.5 7.1 5.4 3.7 1.7 1.0 51.9 Oroville 1.2 1.7 2.8 4.7 6.1 7.6 8.5 7.3 5.3 3.7 1.7 1.0 51.5 CALAVERAS 1.2 1.5 2.8 4.4 6.0 7.3 7.9 7.0 5.3 3.2 1.4 0.7 48.8 San Andreas COLUSA Colusa 1.0 1.7 3.4 5.0 6.4 7.6 8.3 7.2 5.4 3.8 1.8 1.1 52.8 Williams 1.2 1.7 2.9 4.5 6.1 7.2 8.5 7.3 5.3 3.4 1.6 1.0 50.8 CONTRA COSTA 1.3 1.4 2.7 3.8 4.9 5.0 6.4 5.5 4.4 2.9 1.2 0.7 40.3 Benicia Brentwood 1.0 1.5 2.9 4.5 6.1 7.1 7.9 6.7 5.2 3.2 1.4 0.7 48.3 Concord 1.1 1.4 2.4 4.0 5.5 5.9 7.0 6.0 4.8 3.2 1.3 0.7 43.4 Courtland 0.9 1.5 2.9 4.4 6.1 6.9 7.9 6.7 5.3 3.2 1.4 0.7 48.0 Martinez 1.2 1.4 2.4 3.9 5.3 5.6 6.7 5.6 4.7 3.1 1.2 0.7 41.8 Moraga 1.2 1.5 3.4 4.2 5.5 6.1 6.7 5.9 4.6 3.2 1.6 1.0 44.9 Pittsburg 1.0 1.5 2.8 4.1 5.6 6.4 7.4 6.4 5.0 3.2 1.3 0.7 45.4 Walnut Creek 0.8 1.5 2.9 4.4 5.6 6.7 7.4 6.4 4.7 3.3 1.5 1.0 46.2 DEL NORTE Crescent City 0.5 0.9 2.0 3.0 3.7 3.5 4.3 3.7 3.0 2.0 0.9 0.5 27.7 ELDORADO Camino 0.9 1.7 2.5 3.9 5.9 7.2 7.8 6.8 5.1 3.1 1.5 0.9 47.3 FRESNO Clovis 1.0 1.5 3.2 4.8 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Coalinga 1.2 1.7 3.1 4.6 6.2 7.2 8.5 7.3 5.3 3.4 1.6 0.7 5 0.9 Firebaugh 1.0 1.8 3.7 5.7 7.3 8.1 8.2 7.2 5.5 3.9 2.0 1.1 55.4 FivePoints 1.3 2.0 4.0 6.1 7.7 8.5 8.7 8.0 6.2 4.5 2.4 1.2 60.4 Fresno 0.9 1.7 3.3 4.8 6.7 7.8 8.4 7.1 5.2 3.2 1.4 0.6 51.1 Fresno State 0.9 1.6 3.2 5.2 7.0 8.0 8.7 7.6 5.4 3.6 1.7 0.9 53.7 Friant 1.2 1.5 3.1 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Kerman 0.9 1.5 3.2 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.2 Kingsburg 1.0 1.5 3.4 4.8 6.6 7.7 8.4 7.2 5.3 3.4 1.4 0.7 51.6 Mendota 1.5 2.5 4.6 6.2 7.9 8.6 8.8 7.5 5.9 4.5 2.4 1.5 61.7 Orange Cove 1.2 1.9 3.5 4.7 7.4 8.5 8.9 7.9 5.9 3.7 1.8 1.2 56.7 Panoche 1.1 2.0 4.0 5.6 7.8 8.5 8.3 7.3 5.6 3.9 1.8 1.2 57.2 Parlier 1.0 1.9 3.6 5.2 6.8 7.6 8.1 7.0 5.1 3.4 1.7 0.9 52.0 Reedley 1.1 1.5 3.2 4.7 6.4 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.3 Westlands 0.9 1.7 3.8 6.3 8.0 8.6 8.6 7.8 5.9 4.3 2.1 1.1 58.8 21 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo GLENN 1.1 1.8 3.4 5.0 6.4 7.5 7.9 6.7 5.3 3.9 1.8 1.4 52.1 Orland 1.2 1.7 2.9 4.7 6.1 7.2 8.5 7.3 5.3 3.6 1.7 1.0 51.3 Willows HUMBOLDT 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Eureka 0.5 1.1 2.0 3.0 3.7 3.7 3.7 3.7 3.0 2.0 0.9 0.5 27.5 Ferndale Fer dale Garbe 0.6 1.2 2.2 3.1 4.5 5.0 5.5 4.9 3.8 2.4 1.0 0.7 34.9 0.5 1.1 2.1 3.0 4.4 5.4 6.1 5.1 3.8 2.4 0.9 0.7 35.6 Hoopa IMPERIAL 2.8 3.8 5.9 8.0 10.4 11.5 11.7 10.0 8.4 6.2 3.5 2.1 84.2 Brawley Calipatria/Mulberry 2.4 3.2 5.1 6.8 8.6 9.2 9.2 8.6 7.0 5.2 3.1 2.3 70.7 El Centro 2.7 3.5 5.6 7.9 10.1 1 1.1 11.6 9.5 8.3 6.1 3.3 2.0 81.7 Holtville 2.8 3.8 5.9 7.9 10.4 11.6 12.0 10.0 8.6 6.2 3.5 2.1 84.7 Meloland 2.5 3.2 5.5 7.5 8.9 9.2 9.0 8.5 6.8 5.3 3.1 2.2 71.6 Palo Verde II 2.5 3.3 5.7 6.9 8.5 8.9 8.6 7.9 6.2 4.5 2.9 2.3 68.2 Seeley 2.7 3.5 5.9 7.7 9.7 10.1 9.3 8.3 6.9 5.5 3.4 2.2 75.4 Westmoreland 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Yuma 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 INYO 1.7 2.7 4.8 6.7 8.2 10.9 7.4 9.6 7.4 4.8 2.5 1.6 68.3 Bishop Death Valley Jct 2.2 3.3 5.4 7.7 9.8 11.1 11.4 10.1 8.3 5.4 2.9 1.7 79.1 Independence 1.7 2.7 3.4 6.6 8.5 9.5 9.8 8.5 7.1 3.9 2.0 1.5 65.2 Lower Haiwee Res. 1.8 2.7 4.4 7.1 8.5 9.5 9.8 8.5 7.1 4.2 2.6 1.5 67.6 Oasis 2.7 2.8 5.9 8.0 10.4 11.7 11.6 10.0 8.4 6.2 3.4 2.1 83.1 KERN Arvin 1.2 1.8 3.5 4.7 6.6 7.4 8.1 7.3 5.3 3.4 1.7 1.0 51.9 Bakersfield 1.0 1.8 3.5 4.7 6.6 7.7 8.5 7.3 5.3 3.5 1.6 0.9 52.4 Bakersfield/Bonanza 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Bakersfield /Greenlee 1.2 2.2 3.7 5.7 7.4 8.2 8.7 7.8 5.7 4.0 2.1 1.2 57.9 Belridge 1.4 2.2 4.1 5.5 7.7 8.5 8.6 7.8 6.0 3.8 2.0 1.5 59.2 Blackwells Corner 1.4 2.1 3.8 5.4 7.0 7.8 8.5 7.7 5.8 3.9 1.9 1.2 56.6 Buttonwillow 1.0 1.8 3.2 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.5 0.9 52.0 China Lake 2.1 3.2 5.3 7.7 9.2 10.0 11.0 9.8 7.3 4.9 2.7 1.7 74.8 Delano 0.9 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.4 3.4 1.4 0.7 52.0 Famoso 1.3 1.9 3.5 4.8 6.7 7.6 8.0 7.3 5.5 3.5 1.7 1.3 53.1 Grapevine 1.3 1.8 3.1 4.4 5.6 6.8 7.6 6.8 5.9 3.4 1.9 1.0 49.5 Inyokern 2.0 3.1 4.9 7.3 8.5 9.7 11.0 9.4 7.1 5.1 2.6 1.7 72.4 Isabella Dam 1.2 1.4 2.8 4.4 5.8 7.3 7.9 7.0 5.0 3.2 1.7 0.9 48.4 Lamont 1.3 2.4 4.4 4.6 6.5 7.0 8.8 7.6 5.7 3.7 1.6 0.8 54.4 Lost Hills 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 McFarland /Kern 1.2 2.1 3.7 5.6 7.3 8.0 8.3 7.4 5.6 4.1 2.0 1.2 56.5 Shafter 1.0 1.7 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.5 0.9 52.1 Taft 1.3 1.8 3.1 4.3 6.2 7.3 8.5 7.3 5.4 3.4 1.7 1.0 51.2 Tehachapi 1.4 1.8 3.2 5.0 6.1 7.7 7.9 7.3 5.9 3.4 2.1 1.2 52.9 KINGS Caruthers 1.6 2.5 4.0 5.7 7.8 8.7 9.3 8.4 6.3 4.4 2.4 1.6 62.7 Corcoran 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Hanford 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.2 5.4 3.4 1.4 0.7 51.5 Kettleman 1.1 2.0 4.0 6.0 7.5 8.5 9.1 8.2 6.1 4.5 2.2 1.1 60.2 Lemoore 0.9 1.5 3.4 5.0 6.6 7.7 8.3 7.3 5.4 3.4 1.4 0.7 51.7 Stratford 0.9 1.9 3.9 6.1 7.8 8.6 8.8 7.7 5.9 4.1 2.1 1.0 58.7 22 �b3 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo LAKE 1.1 1.3 2.6 3.5 5.1 6.0 7.3 6.1 4.7 2.9 1.2 0.9 42.8 Lakeport Lower Lake 1.2 1.4 2.7 4.5 5.3 6.3 7.4 6.4 5.0 3.1 1.3 0.9 45.4 LASS EN LASS gville 1.0 1.7 3.5 4.9 6.2 7.3 8.4 7.5 5.4 3.4 1.5 0.9 51.8 Ravendale 0.6 1.1 2.3 4.1 5.6 6.7 7.9 7.3 4.7 2.8 1.2 0.5 44.9 Susanville 0.7 1.0 2.2 4.1 5.6 6.5 7.8 7.0 4.6 2.8 1.2 0.5 44.0 LOS ANGELES 2.1 2.8 3.7 4.7 5.1 6.0 6.6 6.7 5.4 4.0 2.6 2.0 51.7 Burbank 2.0 2.3 3.4 4.6 5.0 6.0 7.0 7.0 5.3 4.0 2.7 2.1 51.3 Claremont El Dorado 1.7 2.2 3.6 4.8 5.1 5.7 5.9 5.9 4.4 3.2 2.2 1.7 46.3 Glendale 2.0 2.2 3.3 3.8 4.7 4.8 5.7 5.6 4.3 3.3 2.2 1.8 43.7 Glendora 2.0 2.5 3.6 4.9 5.4 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1 Gorman 1.6 2.2 3.4 4.6 5.5 7.4 7.7 7.1 5.9 3.6 2.4 1.1 52.4 Hollywood Hills 2.1 2.2 3.8 5.4 6.0 6.5 6.7 6.4 5.2 3.7 2.8 2.1 52.8 Lancaster 2.1 3.0 4.6 5.9 8.5 9.7 11.0 9.8 7.3 4.6 2.8 1.7 71.1 Long Beach 1.8 2.1 3.3 3.9 4.5 4.3 5.3 4.7 3.7 2.8 1.8 1.5 39.7 Los Angeles 2.2 2.7 3.7 4.7 5.5 5.8 6.2 5.9 5.0 3.9 2.6 1.9 50.1 Monrovia 2.2 2.3 3.8 4.3 5.5 5.9 6.9 6.4 5.1 3.2 2.5 2.0 50.2 Palmdale 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 Pasadena 2.1 2.7 3.7 4.7 5.1 6.0 7.1 6.7 5.6 4.2 2.6 2.0 52.3 Pearblossom 1.7 2.4 3.7 4.7 7.3 7.7 9.9 7.9 6.4 4.0 2.6 1.6 59.9 Pomona 1.7 2.0 3.4 4.5 5.0 5.8 6.5 6.4 4.7 3.5 2.3 1.7 47.5 Redondo Beach 2.2 2.4 3.3 3.8 4.5 4.7 5.4 4.8 4.4 2.8 2.4 2.0 42.6 San Fernando 2.0 2.7 3.5 4.6 5.5 5.9 7.3 6.7 5.3 3.9 2.6 2.0 52.0 Santa Clarita 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Santa Monica 1.8 2.1 3.3 4.5 4.7 5.0 5.4 5.4 3.9 3.4 2.4 2.2 44.2 MADERA Chowchilla 1.0 1.4 3.2 4.7 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.4 Madera 0.9 1.4 3.2 4.8 6.6 7.8 8.5 7.3 5.3 3.4 1.4 0.7 51.5 Raymond 1.2 1.5 3.0 4.6 6.1 7.6 8.4 7.3 5.2 3.4 1.4 0.7 50.5 MARIN Black Point 1.1 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 Novato 1.3 1.5 2.4 3.5 4.4 6.0 5.9 5.4 4.4 2.8 1.4 0.7 39.8 Point San Pedro 1.1 1.7 3.0 4.2 5.2 6.2 6.6 5.8 4.3 2.8 1.3 0.9 43.0 San Rafael 1.2 1.3 2.4 3.3 4.0 4.8 4.8 4.9 4.3 2.7 1.3 0.7 35.8 MARIPOSA Coulterville 1.1 1.5 2.8 4.4 5.9 7.3 8.1 7.0 5.3 3.4 1.4 0.7 48.8 Mariposa 1.1 1.5 2.8 4.4 5.9 7.4 8.2 7.1 5.0 3.4 1.4 0.7 49.0 Yosemite Village 0.7 1.0 2.3 3.7 5.1 6.5 7.1 6.1 4.4 2.9 1.1 0.6 41.4 MENDOCINO F Bra F Fort Bragg 0.9 1.3 2.2 3.0 3.7 3.5 3.7 3.7 3.0 2.3 1.2 0.7 29.0 of 1.1 1.3 2.6 3.4 5.0 5.9 6.5 5.7 4.5 2.8 1.3 0.7 40.9 Point Arena 1.0 1.3 2.3 3.0 3.7 3.9 3.7 3.7 3.0 2.3 1.2 0.7 29.6 Sanel Valley 1.0 1.6 3.0 4.6 6.0 7.0 8.0 7.0 5.2 3.4 1.4 0.9 49.1 Ukiah 1.0 1.3 2.6 3.3 5.0 5.8 6.7 5.9 4.5 2.8 1.3 0.7 40.9 MERCED 0.9 1.7 3.4 5.5 7.3 8.2 8.6 7.4 5.5 3.8 1.8 0.9 55.1 Kesterson Los Banos 1.0 1.5 3.2 4.7 6.1 7.4 8.2 7.0 5.3 3.4 1.4 0.7 50.0 Merced 1.0 1.5 3.2 4.7 6.6 7.9 8.5 7.2 5.3 3.4 1.4 0.7 51.5 23 i 0 b, -t Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo MODOC MODOClturas 0.9 1.4 2.8 3.7 5.1 6.2 7.5 6.6 4.6 2.8 1.2 0.7 43.2 MONO 0.7 0.9 2.2 3.8 5.5 6.6 7.4 6.7 4.7 2.7 1.2 0.5 43.0 Bridgeport MONTEREY 1.5 2.0 3.7 5.4 6.3 7.3 7.2 6.7 5.0 3.9 2.0 1.6 52.6 Arroyo Seco Castro ville 1.4 1.7 3.0 4.2 4.6 4.8 4.0 3.8 3.0 2.6 1.6 1.4 36.2 Gonzales 1.3 1.7 3.4 4.7 5.4 6.3 6.3 5.9 4.4 3.4 1.9 1.3 45.7 Greenfield 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 King City 1.7 2.0 3.4 4.4 4.4 5.6 6.1 6.7 6.5 5.2 2.2 1.3 49.6 King City -Oasis Rd. 1.4 1.9 3.6 5.3 6.5 7.3 7.4 6.8 5.1 4.0 2.0 1.5 52.7 Long Valley 1.5 1.9 3.2 4.1 5.8 6.5 7.3 6.7 5.3 3.6 2.0 1.2 49.1 Monterey 1.7 1.8 2.7 3.5 4.0 4.1 4.3 4.2 3.5 2.8 1.9 1.5 36.0 Pajaro 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.1 Salinas 1.6 1.9 2.7 3.8 4.8 4.7 5.0 4.5 4.0 2.9 1.9 1.3 39.1 Salinas North 1.2 1.5 2.9 4.1 4.6 5.2 4.5 4.3 3.2 2.8 1.5 1.2 36.9 San Ardo 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 San Juan 1.8 2.1 3.4 4.6 5.3 5.7 5.5 4.9 3.8 3.2 2.2 1.9 44.2 Soledad 1.7 2.0 3.4 4.4 5.5 5.4 6.5 6.2 5.2 3.7 2.2 1.5 47.7 NAPA Angwin 1.8 1.9 3.2 4.7 5.8 7.3 8.1 7.1 5.5 4.5 2.9 2.1 54.9 Carneros 0.8 1.5 3.1 4.6 5.5 6.6 6.9 6.2 4.7 3.5 1.4 1.0 45.8 Oakville 1.0 1.5 2.9 4.7 5.8 6.9 7.2 6.4 4.9 3.5 1.6 1.2 47.7 St Helena 1.2 1.5 2.8 3.9 5.1 6.1 7.0 6.2 4.8 3.1 1.4 0.9 44.1 Yountville 1.3 1.7 2.8 3.9 5.1 6.0 7.1 6.1 4.8 3.1 1.5 0.9 44.3 NEVADA Grass Valley 1.1 1.5 2.6 4.0 5.7 7.1 7.9 7.1 5.3 3.2 1.5 0.9 48.0 Nevada City 1.1 1.5 2.6 3.9 5.8 6.9 7.9 7.0 5.3 3.2 1.4 0.9 47.4 ORANGE Irvine 2.2 2.5 3.7 4.7 5.2 5.9 6.3 6.2 4.6 3.7 2.6 2.3 49.6 Laguna Beach 2.2 2.7 3.4 3.8 4.6 4.6 4.9 4.9 4.4 3.4 2.4 2.0 43.2 Santa Ana 2.2 2.7 3.7 4.5 4.6 5.4 6.2 6.1 4.7 3.7 2.5 2.0 48.2 PLACER Auburn 1.2 1.7 2.8 4.4 6.1 7.4 8.3 7.3 5.4 3.4 1.6 1.0 50.6 Blue Canyon 0.7 1.1 2.1 3.4 4.8 6.0 7.2 6.1 4.6 2.9 0.9 0.6 40.5 Colfax 1.1 1.5 2.6 4.0 5.8 7.1 7.9 7.0 5.3 3.2 1.4 0.9 47.9 Roseville 1.1 1.7 3.1 4.7 6.2 7.7 8.5 7.3 5.6 3.7 1.7 1.0 52.2 Soda Springs 0.7 0.7 1.8 3.0 4.3 5.3 6.2 5.5 4.1 2.5 0.7 0.7 35.4 Tahoe City 0.7 0.7 1.7 3.0 4.3 5.4 6.1 5.6 4.1 2.4 0.8 0.6 35.5 Truckee 0.7 0.7 1.7 3.2 4.4 5.4 6.4 5.7 4.1 2.4 0.8 0.6 36.2 PLUMAS Portola 0.7 0.9 1.9 3.5 4.9 5.9 7.3 5.9 4.3 2.7 0.9 0.5 39.4 Quincy 0.7 0.9 2.2 3.5 4.9 5.9 7.3 5.9 4.4 2.8 1.2 0.5 40.2 RIVERSIDE Beaumont 2.0 2.3 3.4 4.4 6.1 7.1 7.6 7.9 6.0 3.9 2.6 1.7 55.0 Blythe 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Cathedral City 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Coachella 2.9 4.4 6.2 8.4 10.5 11.9 12.3 10.1 8.9 6.2 3.8 2.4 88.1 Desert Center 2.9 4.1 6.4 8.5 11.0 12.1 12.2 11.1 9.0 6.4 3.9 2.6 90.0 Elsinore 2.1 2.8 3.9 4.4 5.9 7.1 7.6 7.0 5.8 3.9 2.6 1.9 55.0 Indio 3.1 3.6 6.5 8.3 10.5 11.0 10.8 9.7 8.3 5.9 3.7 2.7 83.9 24 �,�J Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo RIVERSIDE La Quinta 2.4 2.8 5.2 6.5 8.3 8.7 8.5 7.9 6.5 4.5 2.7 2.2 66.2 Mecca 2.6 3.3 5.7 7.2 8.6 9.0 8.8 8.2 6.8 5.0 3.2 2.4 70.8 Oasis 2.9 3.3 5.3 6.1 8.5 8.9 8.7 7.9 6.9 4.8 2.9 2.3 68.4 Palm Deser 2.5 3.4 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.6 Palm Springs 2.0 2.9 4.9 7.2 8.3 8.5 11.6 8.3 7.2 5.9 2.7 1.7 71.1 Rancho California 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 Rancho Mirage 2.4 3.3 5.3 6.9 8.7 9.6 9.6 8.7 6.9 5.0 3.0 2.2 71.4 Ripley 2.7 3.3 5.6 7.2 8.7 8.7 8.4 7.6 6.2 4.6 2.8 2.2 67.8 Salton Sea North 2.5 3.3 5.5 7.2 8.8 9.3 9.2 8.5 6.8 5.2 3.1 2.3 71.7 Temecula East II 2.3 2.4 4.1 4.9 6.4 7.0 7.8 7.4 5.7 4.1 2.6 2.2 56.7 Thermal 2.4 3.3 5.5 7.6 9.1 9.6 9.3 8.6 7.1 5.2 3.1 2.1 72.8 Riverside UC 2.5 2.9 4.2 5.3 5.9 6.6 7.2 6.9 5.4 4.1 2.9 2.6 56.4 Winchester 2.3 2.4 4.1 4.9 6.4 6.9 7.7 7.5 6.0 3.9 2.6 2.1 56.8 SACRAMENTO Fair Oaks 1.0 1.6 3.4 4.1 6.5 7.5 8.1 7.1 5.2 3.4 1.5 1.0 5 0.5 Sacramento 1.0 1.8 3.2 4.7 6.4 7.7 8.4 7.2 5.4 3.7 1.7 0.9 51.9 Twitchell Island 1.2 1.8 3.9 5.3 7.4 8.8 9.1 7.8 5.9 3.8 1.7 1.2 57.9 SAN BENITO Hollister 1.5 1.8 3.1 4.3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.1 San Benito 1.2 1.6 3.1 4.6 5.6 6.4 6.9 6.5 4.8 3.7 1.7 1.2 47.2 San Juan Valley 1.4 1.8 3.4 4.5 6.0 6.7 7.1 6.4 5.0 3.5 1.8 1.4 49.1 SAN BERNARDINO Baker 2.7 3.9 6.1 8.3 10.4 11.8 12.2 11.0 8.9 6.1 3.3 2.1 86.6 Barstow NE 2.2 2.9 5.3 6.9 9.0 10.1 9.9 8.9 6.8 4.8 2.7 2.1 71.7 Big Bear Lake 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 5 8.6 Chino 2.1 2.9 3.9 4.5 5.7 6.5 7.3 7.1 5.9 4.2 2.6 2.0 54.6 Crestline 1.5 1.9 3.3 4.4 5.5 6.6 7.8 7.1 5.4 3.5 2.2 1.6 50.8 Lake Arrowhead 1.8 2.6 4.6 6.0 7.0 7.6 8.1 7.4 5.4 4.1 2.4 1.8 58.6 Lucerne Valley 2.2 2.9 5.1 6.5 9.1 11.0 11.4 9.9 7.4 5.0 3.0 1.8 75.3 Needles 3.2 4.2 6.6 8.9 11.0 12.4 12.8 11.0 8.9 6.6 4.0 2.7 92.1 Newberry Springs 2.1 2.9 5.3 8.4 9.8 10.9 11.1 9.9 7.6 5.2 3.1 2.0 78.2 San Bernardino 2.0 2.7 3.8 4.6 5.7 6.9 7.9 7.4 5.9 4.2 2.6 2.0 55.6 Twentynine Palms 2.6 3.6 5.9 7.9 10.1 11.2 11.2 10.3 8.6 5.9 3.4 2.2 82.9 Victorville 2.0 2.6 4.6 6.2 7.3 8.9 9.8 9.0 6.5 4.7 2.7 2.1 66.2 SAN DIEGO Chula Vista 2.2 2.7 3.4 3.8 4.9 4.7 5.5 4.9 4.5 3.4 2.4 2.0 44.2 Escondido SPV 2.4 2.6 3.9 4.7 5.9 6.5 7.1 6.7 5.3 3.9 2.8 2.3 54.2 Miramar 2.3 2.5 3.7 4.1 5.1 5.4 6.1 5.8 4.5 3.3 2.4 2.1 47.1 Oceanside 2.2 2.7 3.4 3.7 4.9 4.6 4.6 5.1 4.1 3.3 2.4 2.0 42.9 Otay Lake 2.3 2.7 3.9 4.6 5.6 5.9 6.2 6.1 4.8 3.7 2.6 2.2 50.4 Pine Valley 1.5 2.4 3.8 5.1 6.0 7.0 7.8 7.3 6.0 4.0 2.2 1.7 54.8 Ramona 2.1 2.1 3.4 4.6 5.2 6.3 6.7 6.8 5.3 4.1 2.8 2.1 51.6 San Diego 2.1 2.4 3.4 4.6 5.1 5.3 5.7 5.6 4.3 3.6 2.4 2.0 46.5 Santee 2.1 2.7 3.7 4.5 5.5 6.1 6.6 6.2 5.4 3.8 2.6 2.0 51.1 Torrey Pines 2.2 2.3 3.4 3.9 4.0 4.1 4.6 4.7 3.8 2.8 2.0 2.0 39.8 Warner Springs 1.6 2.7 3.7 4.7 5.7 7.6 8.3 7.7 6.3 4.0 2.5 1.3 56.0 SAN FRANCISCO San Francisco 1.5 1.3 2.4 3.0 3.7 4.6 4.9 4.8 4.1 2.8 1.3 0.7 35.1 SAN JOAQUIN Farmington 1.5 1.5 2.9 4.7 6.2 7.6 8.1 6.8 5.3 3.3 1.4 0.7 50.0 25 r- e, Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo SAN JOAQUIN 1.0 1.6 3.3 4.3 6.3 6.9 7.3 6.4 4.5 3.0 1.4 0.8 46.7 Lodi West 0.9 1.7 3.4 5.0 6.5 7.5 8.0 7.1 5.2 3.3 1.6 0.9 51.2 Manteca Stockton 0.8 1.5 2.9 4.7 6.2 7.4 8.1 6.8 5.3 3.2 1.4 0.6 49.1 Tracy 1.0 1.5 2.9 4.5 6.1 7.3 7.9 6.7 5.3 3.2 1.3 0.7 48.5 SAN LUIS OBISPO 2.0 2.2 3.2 3.8 4.3 4.7 4.3 4.6 3.8 3.2 2.4 1.7 40.0 Arroyo Grande 1.2 1.5 2.8 3.9 4.5 6.0 6.7 6.2 5.0 3.2 1.7 1.0 43.7 Atascadero Morro Bay 2.0 2.2 3.1 3.5 4.3 4.5 4.6 4.6 3.8 3.5 2.1 1.7 39.9 Nipomo 2.2 2.5 3.8 5.1 5.7 6.2 6.4 6.1 4.9 4.1 2.9 2.3 52.1 Paso Robles 1.6 2.0 3.2 4.3 5.5 6.3 7.3 6.7 5.1 3.7 2.1 1.4 49.0 San Luis Obispo 2.0 2.2 3.2 4.1 4.9 5.3 4.6 5.5 4.4 3.5 2.4 1.7 43.8 San Miguel 1.6 2.0 3.2 4.3 5.0 6.4 7.4 6.8 5.1 3.7 2.1 1.4 49.0 San Simeon 2.0 2.0 2.9 3.5 4.2 4.4 4.6 4.3 3.5 3.1 2.0 1.7 38.1 SAN MATEO Hal Moon Bay 1.5 1.7 2.4 3.0 3.9 4.3 4.3 4.2 3.5 2.8 1.3 1.0 33.7 Redwood City 1.5 1.8 2.9 3.8 5.2 5.3 6.2 5.6 4.8 3.1 1.7 1.0 42.8 Woodside 1.8 2.2 3.4 4.8 5.6 6.3 6.5 6.2 4.8 3.7 2.4 1.8 49.5 SANTA BARBARA Betteravia 2.1 2.6 4.0 5.2 6.0 5.9 5.8 5.4 4.1 3.3 2.7 2.1 49.1 Carpenteria 2.0 2.4 3.2 3.9 4.8 5.2 5.5 5.7 4.5 3.4 2.4 2.0 44.9 Cuyama 2.1 2.4 3.8 5.4 6.9 7.9 8.5 7.7 5.9 4.5 2.6 2.0 59.7 Goleta 2.1 2.5 3.9 5.1 5.7 5.7 5.4 5.4 4.2 3.2 2.8 2.2 48.1 Goleta Foothills 2.3 2.6 3.7 5.4 5.3 5.6 5.5 5.7 4.5 3.9 2.8 2.3 49.6 Guadalupe 2.0 2.2 3.2 3.7 4.9 4.6 4.5 4.6 4.1 3.3 2.4 1.7 41.1 Lompoc 2.0 2.2 3.2 3.7 4.8 4.6 4.9 4.8 3.9 3.2 2.4 1.7 41.1 Los Alamos 1.8 2.0 3.2 4.1 4.9 5.3 5.7 5.5 4.4 3.7 2.4 1.6 44.6 Santa Barbara 2.0 2.5 3.2 3.8 4.6 5.1 5.5 4.5 3.4 2.4 1.8 1.8 40.6 Santa Maria 1.8 2.3 3.7 5.1 5.7 5.8 5.6 5.3 4.2 3.5 2.4 1.9 47.4 Santa Ynez 1.7 2.2 3.5 5.0 5.8 6.2 6.4 6.0 4.5 3.6 2.2 1.7 48.7 Sisquoc 2.1 2.5 3.8 4.1 6.1 6.3 6.4 5.8 4.7 3.4 2.3 1.8 49.2 Solvang 2.0 2.0 3.3 4.3 5.0 5.6 6.1 5.6 4.4 3.7 2.2 1.6 45.6 SANTA CLARA Gilroy 1.3 1.8 3.1 4.1 5.3 5.6 6.1 5.5 4.7 3.4 1.7 1.1 43.6 Los Gatos 1.5 1.8 2.8 3.9 5.0 5.6 6.2 5.5 4.7 3.2 1.7 1.1 42.9 Morgan Hill 1.5 1.8 3.4 4.2 6.3 7.0 7.1 6.0 5.1 3.7 1.9 1.4 49.5 Palo Alto 1.5 1.8 2.8 3.8 5.2 5.3 6.2 5.6 5.0 3.2 1.7 1.0 43.0 San Jose 1.5 1.8 3.1 4.1 5.5 5.8 6.5 5.9 5.2 3.3 1.8 1.0 45.3 SANTA CRUZ De Laveaga 1.4 1.9 3.3 4.7 4.9 5.3 5.0 4.8 3.6 3.0 1.6 1.3 40.8 Green Valley Rd 1.2 1.8 3.2 4.5 4.6 5.4 5.2 5.0 3.7 3.1 1.6 1.3 40.6 Santa Cruz 1.5 1.8 2.6 3.5 4.3 4.4 4.8 4.4 3.8 2.8 1.7 1.2 36.6 Watsonville 1.5 1.8 2.7 3.7 4.6 4.5 4.9 4.2 4.0 2.9 1.8 1.2 37.7 Webb 1.8 2.2 3.7 4.8 5.3 5.7 5.6 5.3 4.3 3.4 2.4 1.8 46.2 SHASTA Burney 0.7 1.0 2.1 3.5 4.9 5.9 7.4 6.4 4.4 2.9 0.9 0.6 40.9 Fall River Mills 0.6 1.0 2.1 3.7 5.0 6.1 7.8 6.7 4.6 2.8 0.9 0.5 41.8 Glenburn 0.6 1.0 2.1 3.7 5.0 6.3 7.8 6.7 4.7 2.8 0.9 0.6 42.1 McArthur 0.7 1.4 2.9 4.2 5.6 6.9 8.2 7.2 5.0 3.0 1.1 0.6 46.8 Redding 1.2 1.4 2.6 4.1 5.6 7.1 8.5 7.3 5.3 3.2 1.4 0.9 48.8 26 U 6 1 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo SIERRA Downieville 0.7 1.0 2.3 3.5 5.0 6.0 7.4 6.2 4.7 2.8 0.9 0.6 41.3 Sierraville 0.7 1.1 2.2 3.2 4.5 5.9 7.3 6.4 4.3 2.6 0.9 0.5 39.6 SISKIYOU 0.5 0.9 2.0 3.0 4.3 5.2 6.1 5.3 4.1 2.4 0.9 0.5 35.1 Happy Camp 1.0 1.7 3.1 4.5 5.9 7.2 8.1 7.1 5.1 3.1 1.5 1.0 49.0 MacDoel 0.5 0.9 2.0 3.0 4.5 5.3 6.7 5.7 4.0 2.2 0.7 0.5 36.0 Mt Shasta Tule lake FS 0.7 1.3 2.7 4.0 5.4 6.3 7.1 6.4 4.7 2.8 1.0 0.6 42.9 Weed 0.5 0.9 2.0 2.5 4.5 5.3 6.7 5.5 3.7 2.0 0.9 0.5 34.9 Yreka 0.6 0.9 2.1 3.0 4.9 5.8 7.3 6.5 4.3 2.5 0.9 0.5 39.2 SOLANO 0.7 1.4 3.2 5.2 6.3 7.6 8.2 7.2 5.5 4.3 1.6 1.1 52.1 Dixon Fairfield 1.1 1.7 2.8 4.0 5.5 6.1 7.8 6.0 4.8 3.1 1.4 0.9 45.2 Hastings Tract 1.6 2.2 3.7 5.1 6.8 7.8 8.7 7.8 5.7 4.0 2.1 1.6 57.1 Putah Creek 1.0 1.6 3.2 4.9 6.1 7.3 7.9 7.0 5.3 3.8 1.8 1.2 51.0 Rio Vista 0.9 1.7 2.8 4.4 5.9 6.7 7.9 6.5 5.1 3.2 1.3 0.7 47.0 Suisun Valley 0.6 1.3 3.0 4.7 5.8 7.0 7.7 6.8 5.3 3.8 1.4 0.9 48.3 Winters 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 1.0 51.0 SONOMA Bennett Valley 1.1 1.7 3.2 4.1 5.5 6.5 6.6 5.7 4.5 3.1 1.5 0.9 44.4 Cloverdale 1.1 1.4 2.6 3.4 5.0 5.9 6.2 5.6 4.5 2.8 1.4 0.7 40.7 Fort Ross 1.2 1.4 2.2 3.0 3.7 4.5 4.2 4.3 3.4 2.4 1.2 0.5 31.9 Healdsburg 1.2 1.5 2.4 3.5 5.0 5.9 6.1 5.6 4.5 2.8 1.4 0.7 40.8 Lincoln 1.2 1.7 2.8 4.7 6.1 7.4 8.4 7.3 5.4 3.7 1.9 1.2 51.9 Petaluma 1.2 1.5 2.8 3.7 4.6 5.6 4.6 5.7 4.5 2.9 1.4 0.9 39.6 Santa Rosa 1.2 1.7 2.8 3.7 5.0 6.0 6.1 5.9 4.5 2.9 1.5 0.7 42.0 Valley of the Moon 1.0 1.6 3.0 4.5 5.6 6.6 7.1 6.3 4.7 3.3 1.5 1.0 46.1 Windsor 0.9 1.6 3.0 4.5 5.5 6.5 6.5 5.9 4.4 3.2 1.4 1.0 44.2 STANISLAUS STAN 1.0 1.9 3.6 4.7 7.0 7.9 8.0 6.1 5.3 3.4 1.5 1.0 51.4 Denair 1.2 1.5 3.1 4.7 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Modesto 0.9 1.4 3.2 4.7 6.4 7.7 8.1 6.8 5.0 3.4 1.4 0.7 49.7 Newman 1.0 1.5 3.2 4.6 6.2 7.4 8.1 6.7 5.0 3.4 1.4 0.7 49.3 Oakdale 1.2 1.5 3.2 4.7 6.2 7.7 8.1 7.1 5.1 3.4 1.4 0.7 50.3 Patterson 1.3 2.1 4.2 5.4 7.9 8.6 8.2 6.6 5.8 4.0 1.9 1.3 57.3 Turlock 0.9 1.5 3.2 4.7 6.5 7.7 8.2 7.0 5.1 3.4 1.4 0.7 50.2 SUTTER SUTT 0.9 1.6 3.2 4.9 6.3 7.5 8.0 6.9 5.2 3.4 1.5 0.9 50.2 Nicolaus Yuba City 1.3 2.1 2.8 4.4 5.7 7.2 7.1 6.1 4.7 3.2 1.2 0.9 46.7 TEHAMA Corning 1.2 1.8 2.9 4.5 6.1 7.3 8.1 7.2 5.3 3.7 1.7 1.1 50.7 Gerber 1.0 1.8 3.5 5.0 6.6 7.9 8.7 7.4 5.8 4.1 1.8 1.1 54.7 Gerber Dryland 0.9 1.6 3.2 4.7 6.7 8.4 9.0 7.9 6.0 4.2 2.0 1.0 55.5 Red Bluff 1.2 1.8 2.9 4.4 5.9 7.4 8.5 7.3 5.4 3.5 1.7 1.0 51.1 TRINITY Hay Fork 0.5 1.1 2.3 3.5 4.9 5.9 7.0 6.0 4.5 2.8 0.9 0.7 40.1 Weaverville 0.6 1.1 2.2 3.3 4.9 5.9 7.3 6.0 4.4 2.7 0.9 0.7 40.0 TULA RE TULA Alpaugh 0.9 1.7 3.4 4.8 6.6 7.7 8.2 7.3 5.4 3.4 1.4 0.7 51.6 Badger 1.0 1.3 2.7 4.1 6.0 7.3 7.7 7.0 4.8 3.3 1.4 0.7 47.3 Delano 1.1 1.9 4.0 4.9 7.2 7.9 8.1 7.3 5.4 3.2 1.5 1.2 5 3.6 27 068 Appendix A - Reference Evapotranspiration (ETo) Table* Annual County and City Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ETo TULARE uba 1.1 1.5 3.2 4.7 Din uba 6.2 7.7 8.5 7.3 5.3 3.4 1.4 0.7 51.2 Lindco 0.9 1.6 3.0 4.8 6.5 7.6 8.1 7.2 5.2 3.4 1.6 0.9 50.6 Porterville 1.2 1.8 3.4 4.7 6.6 7.7 8.5 7.3 5.3 3.4 1.4 0.7 52.1 Visalia 0.9 1.7 3.3 5.1 6.8 7.7 7.9 6.9 4.9 3.2 1.5 0.8 50.7 TUOLUMNE Groveland 1.1 1.5 2.8 4.1 5.7 7.2 7.9 6.6 5.1 3.3 1.4 0.7 47.5 Sonora 1.1 1.5 2.8 4.1 5.8 7.2 7.9 6.7 5.1 3.2 1.4 0.7 47.6 VENTURA Camarillo 2.2 2.5 3.7 4.3 5.0 5.2 5.9 5.4 4.2 3.0 2.5 2.1 46.1 Oxnard 2.2 2.5 3.2 3.7 4.4 4.6 5.4 4.8 4.0 3.3 2.4 2.0 42.3 Piru 2.8 2.8 4.1 5.6 6.0 6.8 7.6 7.8 5.8 5.2 3.7 3.2 61.5 Port Hueneme 2.0 2.3 3.3 4.6 4.9 4.9 4.9 5.0 3.7 3.2 2.5 2.2 43.5 Thousand Oaks 2.2 2.6 3.4 4.5 5.4 5.9 6.7 6.4 5.4 3.9 2.6 2.0 51.0 Ventura 2.2 2.6 3.2 3.8 4.6 4.7 5.5 4.9 4.1 3.4 2.5 2.0 43.5 YOLO Bryte 0.9 1.7 3.3 5.0 6.4 7.5 7.9 7.0 5.2 3.5 1.6 1.0 51.0 Davis 1.0 1.9 3.3 5.0 6.4 7.6 8.2 7.1 5.4 4.0 1.8 1.0 52.5 Esparto 1.0 1.7 3.4 5.5 6.9 8.1 8.5 7.5 5.8 4.2 2.0 1.2 55.8 Winters 1.7 1.7 2.9 4.4 5.8 7.1 7.9 6.7 5.3 3.3 1.6 1.0 49.4 Woodland 1.0 1.8 3.2 4.7 6.1 7.7 8.2 7.2 5.4 3.7 1.7 1.0 51.6 Zamora 1.1 1.9 3.5 5.2 6.4 7.4 7.8 7.0 5.5 4.0 1.9 1.2 52.8 YUBA Browns Valley 1.0 1.7 3.1 4.7 6.1 7.5 8.5 7.6 5.7 4.1 2.0 1.1 52.9 Brownsville 1.1 1.4 2.6 4.0 5.7 6.8 7.9 6.8 5.3 3.4 1.5 0.9 47.4 * The values in this table were derived from: 1) California Irrigation Management Information System (CIMIS); 2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water Resources 1999; and 3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922, 4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426 28 069 Appendix B — Sample Water Efficient Landscape Worksheet. WATER EFFICIENT LANDSCAPE WORKSHEET This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package. Please complete all sections (A and B) of the worksheet. SECTION A. HYDROZONE INFORMATION TABLE Please complete the hydrozone table(s) for each hydrozone. Use as many tables as necessary to provide the square footage of landscape area per hydrozone. Hydrozone' Zone or Irrigation Area % of Valve Method'" (S q. Ft. Landscape Area Total 100% . Hydrozone — Irrigation Method HW = High Water Use Plants MS = Micro -spray MW = Moderate Water Use Plants S = Spray LW = Low Water Use Plants R = Rotor B= Bubbler D= Drip O = Other 29 v� SECTION B. WATER BUDGET CALCULATIONS Section 131 Maximum Applied Water Allowance (MAWA) The project's Maximum Applied Water Allowance shall be calculated using this equation: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] where MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration from Appendix A (inches per year) 0.7 = ET Adjustment Factor (ETAF) LA = Landscaped Area includes Special Landscape Area (square feet) 0.62 = Conversion factor (to gallons per square foot) SLA = Portion of the landscape area identified as Special Landscape Area (square feet) 0.3 = the additional ET Adjustment Factor for Special Landscape Area (1.0 - 0.7 = 0.3) Maximum Applied Water Allowance = Show calculations. allons per year Effective Precipitation (Eppt) If considering Effective Precipitation, use 25% of annual precipitation. Use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo — Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)] Maximum Applied Water Allowance = Show calculations. Ions per year 30 0'7 1 Section B2 Estimated Total Water Use (ETWU) The project's Estimated Total Water Use is calculated using the following formula: ETWU = (ETo)(0.62) ( IE P x A + SLA where: ETWU = Estimated total water use per year (gallons per year) ETo = Reference Evapotranspiration (inches per year) PF = Plant Factor from WUCOLS (see Definitions) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor (to gallons per square foot) IE = Irrigation Efficiency (minimum 0.71) Hydrozone Table for Calculating ETWU Please complete the hydrozone table(s). Use as many tables as necessary. Hydrozone Plant Water Use Type(s) Plant Factor PF Area (HA) (square feet PF x HA (square feet Sum SLA Estimated Total Water Use = Show calculations. allons 31 v 7 Appendix C — Sample Certificate of Completion. CERTIFICATE OF COMPLETION This certificate is filled out by the project applicant upon completion of the landscape project. PART I. PROJECT INFORMATION SHEET Date Telephone No. Project Name Fax No. Name of Project Applicant Telephone No. Fax No. Title Email Address Company Street Address City State Zip Code Project Address and Location: Street Address Parcel, tract or lot number, if State I Zip Code _IL �. J. Properly Vwner ur "Isti a. a+a� ■y ■ ■`�• Name Telephone No. Fax No. Title Email Address Company Street Address State Zip Code City Property Owner 1/we certify that I /we have received copies of all the documents within the Landscape Documentation Package and the Certificate of Completion and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule." Property Owner Signature Date Please answer the questions below: 1. Date the Landscape Documentation Package was submitted to the local agency 2. Date the Landscape Documentation Package was approved by the local agency 3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor 32 07 3 PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE DOCUMENTATION PACKAGE "I /we certify that based upon periodic site observations, the work has been substantially completed in accordance with the ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the approved Landscape Documentation Package." Signature* Date Name (print) Telephone No. Fax No. Title Email Address License No. or Certification No. Company Street Address City State Zip Code _ _ __ ..J I.�.� J.... *Signer of the landscape design plan, signer of the Irrigation plan, yr a ncenseu jai iuscape actor. PART 3. IRRIGATION SCHEDULING Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10. PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11. PART 5. LANDSCAPE IRRIGATION AUDIT REPORT Attach Landscape Irrigation Audit Report per ordinance Section 492.12. PART 6. SOIL MANAGEMENT REPORT Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per ordinance Section 492.5. Attach documentation verifying implementation of recommendations from soil analysis report per ordinance Section 492.5. 33 0 44 I § § 0 b 2 1 \ \ \ \ \ co a !)]j § //{ )0 20 j( \\ 2 § 8 § § 2 > f \ \r )\ �j \\ 0 J \ CL k( \ \/\ !! , k }k\� 0 { {)) M (D 0 {{i §7 §Rf�\ `§` {\ } \\ /\ U, 11 o =mm ;] ET E 0! >2§ LL J z * [ § \ � \ \ t \ \ LU \ � - O � � \ § ) § ) / }) A \?05 K / _ /o { / } }}}\ \\ °k k \e z§§ESe� � k2 ) \� \ §! ,�- k © § § }§ ()))2r;I \2 \)< z "" 9( }�[2 \ \�H \\e °g))S[:'nD0mwma : :u %; ®�E!(( -Rzgz \ §§§E@!)o!§!5 ®8! )0 — jc gkmg2! w±m82 :�§3&@R .. 3e2\wwQza ;oo a -< 2 § §\ §w� /G /G± ® < /5 //4 /( \ /SE±ay=i -M /5)\Z -< g0)\,!! d8 » 0 \ 2 8{ §\ j) 0z [} % \ \ \ \ \ co a !)]j § //{ )0 20 j( \\ 2 § 8 § § 2 > f \ \r )\ �j \\ 0 J \ CL k( \ \/\ !! , k }k\� 0 { {)) M (D 0 {{i §7 §Rf�\ `§` {\ } \\ /\ U, 11 o =mm ;] ET E 0! >2§ LL J z * [ § \ � \ \ t \ \ LU \ � - O � � \ § ) § ) / }) A \?05 K / _ /o { / } }}}\ \\ °k k \e z§§ESe� � k2 - :\ F-�)) \[}) \� \ §! ,�- k © § § }§ ()))2r;I \ \ \ \ \ co a !)]j § //{ )0 20 j( \\ 2 § 8 § § 2 > f \ \r )\ �j \\ 0 J \ CL k( \ \/\ !! , k }k\� 0 { {)) M (D 0 {{i §7 §Rf�\ `§` {\ } \\ /\ U, 11 o =mm ;] ET E 0! >2§ LL J z * [ § \ � \ \ t \ \ LU \ � - O � � \ § ) § ) / }) A \?05 K _ /o Ir L� ( e Ez \ °k k \e z§§ESe� � k2 - :\ F-�)) \[}) \� \ §! ,�- k © § § }§ ()))2r;I \2 \)< z "" 9( }�[2 \ \�H \\e °g))S[:'nD0mwma : :u %; ®�E!(( -Rzgz \ §§§E@!)o!§!5 ®8! )0 — jc gkmg2! w±m82 :�§3&@R .. 3e2\wwQza ;oo a -< 2 § §\ §w� /G /G± ® < /5 //4 /( \ /SE±ay=i -M /5)\Z -< g0)\,!! d8 \ \ \ \ \ co a !)]j § //{ )0 20 j( \\ 2 § 8 § § 2 > f \ \r )\ �j \\ 0 J \ CL k( \ \/\ !! , k }k\� 0 { {)) M (D 0 {{i §7 §Rf�\ `§` {\ } \\ /\ U, 11 o =mm ;] ET E 0! >2§ LL J z * [ § \ � \ \ t \ \ LU \ � - O � � \ § ) § ) / }) A \?05 K CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/05/09 THROUGH 11/19/09 Date Payee Amount Description Dire of F' n e 11/5/2009 UNUM 480.00 LTD 11/5/2009 CalPERS 238,584.30 Health premium 11/9/2009 Health Comp 6,963.39 Weekly claims 11/10/2009 West Basin 1,455,022.50 H2O payment 11/12/2009 Employment Development 68,317.34 State Taxes 11/12/2009 IRS 251,697.00 Federal Taxes 11/13/2009 State of CA EFT 1,310.16 Child support payment 11/13/2009 Nationwide EFT 33,485.33 457 payment 11/13/2009 UB 4,716.82 PARS payment 11/13/2009 Manufacturers & Traders 59,624.46 457 payment Vantagepoint 11/17/2009 Federal Reserve Bank 50.00 Employee Savings Bonds 11/17/2009 Federal Reserve Bank 100.00 Employee Savings Bonds 11/18/2009 Health Comp 638.71 Weekly claims 11/18/2009 Lane Donovan Golf Ptr 17,493.58 Payroll Transfer 11/05- 11/19/09 Workers Comp Activity 57,238.06 SCRMA checks issued 2,195,721.65 DATE OF RATIFICATION: 12/1/09 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: 2,195,721.65 on actdal expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2009 \wire 2009 Qtr 4th \Wire Transfers 11- 19.x1s'1 U Deputy City Trfasurer Date Dire of F' n e Da74,/K Ci n g t 2,195,721.65 on actdal expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2009 \wire 2009 Qtr 4th \Wire Transfers 11- 19.x1s'1 U REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 17, 2009 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Council Member Jacobson at 5:00 p.m. ROLL CALL Mayor McDowell - Present — arrived at 5:01 Mayor Pro Tern Busch - Present — arrived at 5:01 Council Member Brann - 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. SPECIAL ORDER OF BUSINESS: Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items listed on the agenda and that the Government Code §54956.9(b) item pertained to the El Segundo Firefighters Association threatened litigation regarding staffing requirements. 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -1- matter 1. Pulido v. City of El Segundo, et. Al. Case No. RIC396282 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): -1- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, PAGE NO. O. 1 1 077 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 3- matters Property: City owned property (APN Nos. 4138- 014 -914 and 4138- 014 -901) located on the south side of Hughes Way (near it terminus). City Negotiators: City Manager, Assistant City Manager and City Attorney. Negotiating Parties: Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC. Under Negotiation: Price and Terms (sale). Property: property owned by Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC (APN Nos. 4138- 015 -007 and 4138- 015 -008) located near the northeast corner of Sepulveda and Rosecrans Boulevards (and more specifically to the west of the intersection of Nash Street and Park Place). City Negotiators: City Manager, Assistant City Manager and City Attorney. Negotiating Parties: Rosecrans - Sepulveda Partners 2, LLC, and PES Partners, LLC. Under Negotiation: Price and Terms (purchase). Property: 2161 El Segundo Boulevard, El Segundo (Fire Station No. 2) City Negotiators: City Manager, Assistant City Manager Negotiating Parties: PFK Enterprises, Inc. Under Negotiation: Price and Terms (potential lease or sale) SPECIAL MATTERS: - 0- matter Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 2 r (,l p REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 17, 2009 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — City Clerk Mortesen PLEDGE OF ALLEGIANCE — Council Member Don Brann PRESENTATIONS a. Council Member Jacobson presented a Proclamation for Spark of Love Toy Drive to Fire Chief Kevin Smith. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Brann - 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. Michael Meade, U.S. Tow, Inc. spoke regarding the issuance of the towing contract which had been pulled and placed on a future meeting. Loretta Frye, Resident; spoke regarding the water conservation ordinance. Amy Lemisch, Executive Director of the Film Commission; spoke on the adoption of the film ordinance, and listed items that the Film Commission disagreed with. Sarah Walsh, Motion Picture Association of America, spoke on the Film Ordinance and items they disagreed with. Lena McDermott, Tree Musketeers, spoke regarding the planting of 200 new street trees. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 3 073 Toni Rena, Continental Development Corporation, spoke regarding the Film Ordinance, and requested Council to consider relaxing filming restrictions east of Sepulveda and south of El Segundo Blvd. Susanne Fuentes, Resident; spoke regarding the Film Ordinance and stated she would support extending the filming hours to 10 p.m. and weekend filming if it did not exceed the total number of days. Wade Stevens, resident and member of the filming industry, spoke against the current version of the filming ordinance. Dora Polk, Resident; spoke regarding the film ordinance and its history. 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 Mayor Pro Tern Busch to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS 1. Consideration and possible action to introduce and waive first reading of an Ordinance amending the El Segundo Municipal Code's regulation of filming within the City of El Segundo. (Fiscal Impact: None) Mayor Pro Tern Busch not - participating on this item due a possible conflict with his employer and therefore left the dais. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1436 AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL SEGUNDO. Council Member Fisher introduced with amendments of section 4 -11 -23 F to read filming permitted 24/7 east of Sepulveda or South of El Segundo Blvd. except within 275 feet of a hotel. Section 5 4 -11 -23 1 was deleted. Second reading and adoption of the Ordinance for December 1, 2009. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 4 080 Mayor Pro Tern Busch returned to the dais. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. 2. Approved Warrant Numbers 2574523 to 2574719 on Register No. 3 in the total amount of $736,453.54 and Wire Transfers from 10/23/09 through 11/06/09 in the total amount of $801,466.83. Authorized staff to release. Ratifed: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 3. Approved Regular City Council Meeting Minutes of November 3, 2009. 4. ITEM PULLED FOR A FUTURE MEETING DUE TO AN INCOMPLETE PACKET 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 6. Approved extending the City's agreement with Cassidy & Associates through September 30, 2010, for the provision of legislative advocacy services in Washington, D.C., and approve federal work plan. (Fiscal Impact: $160,000 for FY 2009 -2010) Authorized the Mayor to execute the attached Agreement No. 4021 with Cassidy & Associates. Approved the federal advocacy work plan as outlined in Cassidy & Associates Memorandum of November 4, 2009. Authorized an additional appropriation of $20,000 from salary savings. Instructed the City Manager, affected departments, and our Washington, D.C. advocate to work with the Congressional staff and local government associations to pursue the City's federal funding and program objectives. 7. Waived second reading and adopted Ordinance No. 1435 setting the City's water Rates and Charges pursuant to Safety Codes § 5471 and El Segundo Municipal Code § 11 -1 -5 for Fiscal Year 2009 -2010 through Fiscal Year 2014 -2015. (Potential Fiscal Impact: Approximately $3,640,000 loss in water revenue in FY 2009 - 2010.) MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to approve Consent Agenda items 2, 3, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 5. Consideration and possible action regarding the acceptance of the Softball Field Wall at 339 Sheldon St. — Project No. PW 09 -03. (Fiscal Impact: $206,825.00) MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 5 081 MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Busch to accept the work as complete on the Softball Field Wall at 339 Sheldon St. — Project No. PW 09 -03. (Fiscal Impact: $206,825.00) Approved an additional appropriation of $6,000 from the Capitol Improvement Fund Reserves. Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 8. Consideration and possible action to serve as a host location for a community based pandemic H1N1 influenza mass vaccination clinic. (Fiscal Impact: $30,000) Kevin Smith, Fire Chief, stated that the County was not opened to hosting clinics in small cities and venues. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — None Council Member Fisher — None Council Member Jacobson — None Mayor Pro Tern Busch — None Mayor McDowell — None 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 6 082 Loretta Frye, Resident; spoke regarding the water conservation ordinance, and requested Council to change it to state PM watering 1 hour prior to sunset. MEMORIALS — Jack Siadek, Roy Hefner and John McTaggert CLOSED SESSION — NONE ADJOURNMENT at 8:12 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2009 PAGE NO. 7 ('83 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL Thursday November 12, 2009 — 2:00 P.M. Emergency Operations Center 348 Main Street, El Segundo, CA 90245 CALL TO ORDER — Mayor McDowell at 2:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present — arrived at 2:20 p.m. Council Member Brann - 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 SPECIAL ORDERS OF BUSINESS - Consideration and possible action regarding providing preliminary direction to staff regarding preparation of a potential ballot measure to increase the Business License Tax measure for the April 2010 election and other potential revenue raising measures and discuss and provide preliminary direction regarding potential expenditure reductions or savings regarding all City Departments and City services (No final action will be taken on any item — any proposed action will be placed on a future City Council Meeting agenda for further consideration and possible action). Deborah Cullen, Finance Director, and Doug Kitchen, MuniServices, gave a presentation. Received and filed information provided to staff. Council consensus to pursue the Public Safety Index and Phased Sales Tax Credit reduction to 25% over three years option. Staff to provide additional information on the Public Safety Index option with the reduction of the sales tax credit and the Public Safety Index option without the sales tax credit reduction. MINUTES OF THE SPECIAL CITY COUNCIL MEETING NOVEMBER 12, 2009 PAGE NO. 1 Both options to be placed on the December 1, 2009 Council agenda. ADJOURNMENT at 3:50 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING NOVEMBER 12, 2009 PAGE NO. 2 085 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a Standard Public Works Contract to Pacific Hydrotech Corporation for the Seismic Strengthening of the 3.1 Million Gallon Water Reservoir located at 400 Lomita Street, Amend Contact No. 3742 with Tetra Tech, Inc. for additional services for materials testing and special inspection services and add a 10% contingency and authorize the Public Works Director to use this contingency in the event that change orders are necessary. – Project No. PW 09 -13 (Fiscal Impact: $738,944.00) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to execute a Standard Public Works Contract in a form approved by the City Attorney with Pacific Hydrotech Corporation, in the amount of $721,403.00; (2) Amend Contract No. 3742 with Tetra Tech, Inc. for additional services for materials testing and special inspection services ($17,541); (3) Provide a 10% contingency and authorize the Public Works Director to use this contingency in the event that change orders are necessary; (4) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,500,000.00 Additional Appropriation: N/A Account Number(s): 301 - 400 - 7103 -8227 ORIGINATED BY: Dan Garcia, Assistant City Engineer ��( REVIEWED BY: Dana Greenwood, Public yb r c Director ``T— APPROVED BY: Jack Wayt, City BACKGROUND AND DISCUSSION: On October 6, 2009, City Council approved the plans and specifications and authorized staff to solicit bids for Seismic Strengthening of the 3.1 Million Gallon Water Reservoir located at 400 Lomita Street. On November 10, 2009, fifteen bids were received. The bids varied from $655,821.00 to $1,086,250.00. Pacific Hydrotech Corporation was the lowest responsible bidder at $655,821.00. This amount is within the project budget. Pacific Hydrotech Corporation is a well qualified contractor with verified experience with similar projects. al Bidder Bid Amount De1Mac $848,000 Action Contractors, Inc. $769,877 Fast -Track Construction $775,600 Sim el Co., Inc. $799,260 Canyon Springs En a rises $823,400 4 -Con Engineering, Inc. $923,450 States Link Construction, Inc. $1,086,250 CC Myers, Inc. $799,200 Pacific Hydrotech Corporation $655,821 Harbor Construction Co., Inc. $892,000 G. Coast Construction, Inc. $965,000 Metro Builders and Engineers $968,552 Gateway Pacific Contractors, Inc. $707,984 Axis Construction, Inc. $898,382.60 Pascal & Ludwig Constructors $912,039 This project was funded in CIPAC 08/09 for $100,000.00. But after design costs were appropriated to Tetra Tech (Contract 3742), there was $18,450 remaining. CIPAC 09/10 recommended and City Council appropriated an additional $500,000.00. The October 6, 2009 Council action included a transfer of $981, 550 into this project for a project total of $1,500,000.00. 1. CIPAC 08/09 $ 18,450.00 (remainder after funding design) 2. CIPAC 09/10 $500,000.00 (FY 09/10 appropriation) 3. Fund 501 $981,550.00 (October 6, 2009 Council Action) Total Project Budget $1,500,000.00 Finally, staff anticipates that change orders may arise in this project and requests that a 10% contingency be added to this project and that City Council authorize the Public Works Director to use this contingency in the event that these change orders do arise and are necessary for the smooth continuity of the construction contract. Tetra Tech Inc. has proposed to provide additional materials testing and special inspection services that are required on a project on this nature for $17,541.00. Staff recommends that these services be a part of this effort and be added to this construction amount. 1. Pacific Hydrotech Contract $655,821.00 2. 10% contingency $ 65,582.00 3. Tetra Tech Amendment $ 17,541.00 Total Project Request $738,944.00 • ItTETRA TECH, INC. September 3. 2009 Mr. Daniel R. Garcia, Assistant City Engineer City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 Reference: Proposal for Additional Engineering Services for 3.1 MG Reservoir Seismic Upgrade: Materials Testing and Inspection Dear Mr. Garcia: In response to your email request of August 7, 2009, we are please to present this proposal for Materials Testing and Inspection services. These services are in addition to the construction phase engineering services under our current agreement dated June 2, 2009 which were not included. Our services under this proposal include the materials sampling, laboratory testing and Special Inspections as required by our seismic upgrade design and to be performed during the construction implementation of our design. These services will be performed by our subconsultant, Koury Engineering & Testing, Inc., for whom we have included a copy of their detailed proposal. Our scope of services is as follows: I Preliminary Engineering Design Phase (not a part of this proposal) II Final Engineering Design Phase (not a part of this proposal) III Bid Phase (not a part of this proposal) IV Construction Phase Services A. Shop Drawing Reviews (included in our current workscope) B. Structural Observations (included in our current workscope) C. Respond to Contractor's RFI's (included in our current workscope) D. Project Administration and Supervision (Tetra Tech) - Review materials testing laboratory results and inspection reports to verify the inspected and tested construction work is in compliance with the design intent of our drawings and where not, solicit from and review, methods of repair proposed by the Contractor (10 hours). E. Materials Installation Inspection (Koury) - Inspection during the installation of shotcrete reinforcing and shotcrete (40 hours), epoxy dowels (100 hours), and structural steel erection/field welding (24 hours). 3475 East Foothill Boulevard. Suite 300, Pasadena CA 9 i 107 Tel 626.351.4664 Fax 626.683.0060 www.tetratech.com 0 88 0 0 TETRA TECH, INC. Mr. Daniel R. Garcia September 3, 2009 Page 2 F. Laboratory Materials Testing (Koury) - Compressive strength testing for shotcrete cores taken from test panels (15 tests assumed). G. Materials Inspection & Testing Project Coordination & Testing (Koury) - Preparation of Materials Testing and Inspection reports (1 I hours). The fee for our services is estimated to be S 17,541 and will be invoiced on a time- and - materials basis. For a detailed breakdown of our fee, see attached Exhibit "D" (please note that there is a 15% mark- up on our Koury's fees). Charges for our services, as defined in our scope of services, and for any additional services, authorized in writing, will be based upon our 2009 Hourly Charge Rate and Expense Reimbursement Schedule, Exhibit "A" (enclosed). These fees will remain in effect for sixty days from the date of our proposal after which they will be subject to re- evaluation. All terms and condition of our existing agreement will remain in effect for these additional services. Thank you for allowing us the opportunity to continue to serve you. If you should have any questions, please do not hesitate to call. Sincerely, Dale E. Wah, SE 2582 Senior Manager DEW:tth m:\ marketing\ proposals \wtrs\2009 \166 \wordpro\prp docs\prp09O53wwO9166 el segundo.docx prp09O53WWO9166 Enclosures 08%9 OTETRARCH • EXHIBIT "A" 2009 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern/Technician/Assistant ... $ 62.00 Project Administrator .. ............................... $ 105.00 Designer /CAD Operator/Engineer I........... $ 115.00 Engineer II and III/Senior Designer .......... $ 125.00 Biologist...................... ............................... $ 125.00 Planner........................ ............................... $ 125.00 Senior Engineer /Landscape Architect........ $ 139.00 Project Engineer/Project Coordinator........ $ 160.00 Senior Planner ............. ............................... $ 175.00 Senior Scientist ........... ............................... $ 175.00 Senior Project Engineer ............................. $ 175.00 Project Manager /Sr. Project Coordinator... $ 195.00 Senior Project Manager .............................. $ 255.00 Program Director/Project Director ............. $ 270.00 Administrative Administrative Clerk ... ............................... $ 60.00 Word Processor /Admin. Support ............... $ 85.00 Graphic Designer ........ ............................... $ 115.00 Reimbursable In -House Costs Photo Copies (B &W 8.5 "x11 ") ...... $ 0.15/Each Photo Copies (B &W 11 "x17 ") ....... $ 0.40/Each Color Copies (up to 8.5 "x 11 ") ........ $ 2.00/Each Color Copies (to 11 "x 17 ") .............. $ 3.00/Each Computer Usage ............................. $ 2.50/Hour Survev/ManpinQ Survey Technician I .... ............................... $ 109.00 Survey Technician II/Field Supervisor....... $ 125.00 Senior Surveyor .......... ............................... $ 141.00 Project Surveyor ......... ............................... $ 163.00 Two- Person Survey Party .......................... $ 230.00 Two- Person Survey Party with GPS .......... $ 275.00 Three- Person Survey Party ........................ $ 320.00 Survey Travel Time (Two - person) ............. $ 109.00 Survey Travel Time (Three- person) ........... $ 153.00 Construction Manasement Construction Observer I ............................. $ 95.00 Construction Observer II ............................ $ 110.00 Senior Construction Observer .................... $ 130.00 Resident Engineer ....... ............................... $ 160.00 Construction Manager . ............................... $ 180.00 Compact Discs . ............................... $10.00/Each Large Format Copies ..................... $ 0.40 /S.F. Mileage ............ ............................... $0.585/Mile *current GSA POV Mileage Rate subject to change Company Vehicles .......................... $8.00/Hour All other direct costs, such as reproduction, special photography, postage, delivery services, overnight mail, out -of- area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. NOTE: All costs and rates are effective January 1, 2009, and subject to annual increase. M:\Marketing\ Proposals \WTRS\2009 \166\Wordpro\Prp Docs\Exhibit A - CA 2009.doc i OTETRATECH EXHIBIT "B" (intentionally not included) is 091 O TETRATECH EXHIBIT "C" (intentionally not included) M:\ Marketing\ Proposals \WTRS\2009 \I66\Wordpro\Prp Docs\Exhibit C.doc 092 o � w o� 00 a O O G 0. 7 O F+� rWr-� 1�1 O H rte+ U W a ft x O i=1 .y ag E h W L 3a v s. w M as x X W 3 w 0 a uj 2 �y .c � V9 V9 iA V3 E Iwo, c °� w °u3 u°� w E u flf H fli O ® O o 0 0 0 0 o O m IR 0 0 V 0 0 0 C G oa y L C C C y C m E `0 0 0 4R C ~ + B T r�C E E E E a a a yH wM yy 7 Ny 'p •1) y .O ttl A7 V � u o a a o a o o m ° 1� c o o � a a �! O' O a o •° D � ++ :/S +� •y � •C H � V •� V C 0. YAM *• C C i m L' h cu aoi u a -qaS a A � � l ' P. Lr, PC Cn U¢mciR i u: d r u d� R1 I a A. :,Ll=l M as x X W 3 w 0 a uj 2 4 s 'r W `` . � Y •`1 in f IZ Sx- ry.��f1 ;yR•v —�� 0 ENGINEERING & TESTING, INC. August 19, 2009 Tetra Tech Mr. Victor Ramirez 3475 E. Foothill Blvd., Suite 300 Pasadena, CA 91107 u Subject: CONSTRUCTION INSPECTION & MATERIAL TESTING Koury Proposal No. 09 -0537 El Segundo Seismic Strengthening of Reservoir Dear Mr. Ramirez; Koury Engineering & Testing submits this proposal for the El Segundo Seismic Strengthening of Reservoir project. Our proposal is based on the enclosed Estimated Budget Breakdown and Master Fee Schedule of Rates. We are fully prepared and committed to respond to the needs of this project as well as the schedule for completion. Koury has two full - service geotechnical and materials testing laboratories located in Chino and Gardena which are licensed by the Division of the State Architect (DSA), City of Los Angeles, Caltrans, MTA, ACE, AMRL, CCRL and AASHTO certified as approved testing agencies. SCOPE OF SERVICES Our general scope of services will include construction inspection and materials testing services in accordance with the project plans and specifications, the Building Code, and applicable ICC and ASTM standard test methods. All field- testing will be performed in accordance with project documents, as directed by our client, project architect, project structural engineer, and the County of Los Angeles. Our construction services supervision staff will perform supervision and coordination of all field & laboratory services. Our clerical staff will assist in maintaining a high level of quality assurance in the preparation of reports, presenting test results and observations. Engineering consultation, as requested and needed, is available. Corporate Office Gardena Branch Office 14280 Euclid Avenue, Chino, CA 91710 17800 S. Main Street, Suite 302, Gardena, CA 90248 Office: (909) 606 -6111 Fax: (909) 606 -6555 Office: (310) 851 -8685 Fax: (310) 851 -8692 www.kouryengineering.com 095 •. El Segundo Reservoir Project Koury Proposal No. 09 -0537 Page 2 The quantity of testing and monitoring is difficult to determine in advance and will be a function of the contractor(s) and subcontractor(s) efficiency, requirements of the building official, weather conditions during construction and other unforeseen conditions beyond our control. At no time will any of our employees directly supervise the activities of the contractor or subcontractors. ESTIMATED FEES We propose to provide construction inspection and material testing services in accordance with the attached Master Fee Schedule of Rates and Terms & Conditions. This proposal is not a "Not to Exceed" budget. Our service is based on time and material. A construction schedule was not available at the time the Estimated Budget Breakdown was prepared. A more accurate estimated budget can be provided once a construction schedule is available. Koury will utilize multi - licensed inspectors, whenever possible, to reduce project inspection costs. We will not exceed the estimated budget amount without prior notification. Koury provides monthly budget updates via email and with your invoice at no extra charge. We submit for your consideration our estimated budget in the amount of $13,375.00. SCHEDULING Our services will be performed at the request of your authorized field representative, who will be responsible for coordinating our services within the construction schedule. We request at least 24 -hours advance notice prior to the time of our services, in order to meet the project needs. However, we will make every attempt to provide personnel, providing the personnel are available, for last minute requests for an expedited fee. Attached is our Koury Contact Listing, which provides you with our dispatch office hours, specific information required to schedule inspections, and contact telephone numbers. Please provide this listing to your authorized field representative. CLOSURE Our services will be performed in accordance with generally accepted professional engineering principals and practices. We make no other warranties, either expressed or implied. We carry General and Professional Liability Insurance, Worker's Compensation Insurance, and Auto Insurance, as required by law. A sample certificate can be provided at your request. 09ri • El Segundo Reservoir Project Koury Proposal No. 09 -0537 Page 3 To provide authorization to proceed, please sign the attached Terms and Conditions and forward a complete copy of this proposal with an original signature to our office prior to our first visit to the site Please do not hesitate to contact Assistant Project Manager, Ms. Jasmin Kelley at (909) 606 -6111 ext. 209 or JasminK @KouryEngineering.com, if you should have any questions or require additional information. Regards, Koury Engineering & Testing, Inc. Luis Zaval to Vice Pre ioe of B siness Operations LuisZ ' uryEngineering.com www.K ryEngineering.com Enci: Master Fee Schedule of Rates Terms & Conditions 0 91 0 Main Office: 14280 Euclid Avenue, Chino, CA 91710 Branch Office: 17800 S. Main Street, Suite 302, Gardena, CA 90248 ENGINEERING �& TESTING, INC. mot-' Project Information Sheet Project No.: 09 -0537 — Construction Inspection & Materials Testing Project Name: El Segundo Seismic Strengthening of Reservoir Lomita /Grand Avenue, El Segundo How to Reauest an Inspection To request an inspection, please call before 2:00 pm the day prior to the inspection requirement. This will insure we can provide an inspector on the day & time you requested. All dispatch requests must be made through the Chino office only. Dispatch hours are 7:00 am to 5:00 pm. When calling for an inspection please have the following information available: • Koury Engineering & Testing, Inc. Project No. • Project name & address • Project contact name and phone no. • Type of inspection • Inspection day and start time. Estimated duration (hours and /or days) • If pour concrete, grout, mortar, etc... How many yards? Pour for slab, footings, etc? • Special instructions or req'd tools? Torque test - socket size? Coring - diameter core? Koury Engineering & Testing, Inc. Contact Numbers Corporate Office — Chino Telephone: (909) 606 -6111 - Tel Corporate Office — Chino Fax: (909) 606 -6555 - Fax Dispatch: Ray Roblero (909) 606 -6111 ext 497 24 -Hour Emergency Dispatch (310) 713 -4005 - Mobile Material Testing Laboratory: Chris Loera, Manager Operations: Luis Zavaleta,VP Business Operations Randy Schleben, Operations Mgr. QA/QC: Chris Loera, Manager Geotechnical Engineering: Shawn Adannia MSCE, PE. GE Asst. Project Manager Jasmin Kelley Accounts Receivable: Michele Shams, AR Supervisor Blanca Hernandez (909) 606 -6111 ext 501 (909) 606 -6111 ext 401 (310) 713 -5008 - Mobile ( 909) 606 -6111 ext 402 310 713 -4005 - Mobile (909) 606 -6111 ext 501 (310) 713 -1222 - Mobile (909) 606 -6111 ext 701 (310) 780 -5933 - Mobile (909) 606 -6111 ext 209 (310) 776 -0104 - Mobile (909) 606 -6111 ext 809 (909) 606 -6111 ext 802 098 �Gw p. i¢ Estimated Budget Breakdown f-ti Construction Material Inspection and Materials Testing Ei Segundo Seismic Strengthening of Reservoir Koury Proposal No. 09 -0537 '• Proposal Prepared Using Project Plans dated July, 2009 " MATERIALS INSPECTION Shotcrete (includes Rebar Inspection) Concrete - Epoxy Bolts /Anchor Systems, etc. Structural Steel Erection - Welding 40 100 24 Hourly Hourly Hourly $ $ $ 70.00 70.00 70.00 $ $ $ 2,800.00 7,000.00 1,680.00 r o $ 250.00 $ 1,500.00 2 sets per each set of cylinders LABORATORY MATERIALS TESTING Lab Technician - Pull -Out Test on Embedded Bolts /Anchors and Dowels 150 Hour $ 130.00 $ 19,500.00 (2 man & includes equipment) Shotcrete Core Compression Tests (Min 3 per Test Panel) 15 Sample $ 35.00 $ 525.00 $ 500.00 $ 500.00 °'� JOTAL ESTIMATED LABORATORY PROJECT COORDINATION & REPORTING Final Material Inspection Compliance Report 1 Each $ 500.00 $ 500.00 Staff Engineer 4 Hourly $ 100.00 $ 400.00 Project Coordination - Field Supervisor 4 Hourly $ 95.00 $ 380.00 Admin 2 Hourly $ 45.00 $ 90.00 PROJECT ITOTAL •O•r s N & REPORTING FEES $ 1,370.00 Is Inspection $ 11,480.00 ory Materials Testing $ 525.00 Coordination & Reports $ 1,370.00 This estimate is preliminary due to the project plans provided being only 90% complete and no construction schedule available. The figures are representative of Koury's understanding of the project and best guess as to construction timeline. A more accurate and precise estimate can be prepared upon the completion of a construction schedule. Concrete Cylinder Compression Tests @ 5 per 100 yards placed 15 Sample $ 22.00 $ 330.00 Drying Shrinkage (3 Bars — Four Readings, Up To 90 Days) C -157 6 Set $ 250.00 $ 1,500.00 2 sets per each set of cylinders Lab Technician - Pull -Out Test on Embedded Bolts /Anchors and Dowels 150 Hour $ 130.00 $ 19,500.00 (2 man & includes equipment) Sissor Lift rental, if necessary Per Day - $ 500.00 $ 500.00 The above line items represent tests that can be performed by Koury. These tests are not mandated by the ICC code and would be an additional cost to the original estimate should they be performed. 099 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to allow banners from the Young Americans Workshop Committee to be hung over Main Street at no cost. (Fiscal Impact: $178) RECOMMENDED COUNCIL ACTION: 1. Approve the request from the Young Americans Workshop Committee regarding its banners; 2. Alternatively, take such additional, related, action that may be desirable. ATTACHED SUPPORTING DOCUMENTS: Letter from the Young Americans Workshop Committee. FISCAL IMPACT: Amount Budgeted: $178 Additional Appropriation: No Account Number(s): ORIGINATED BY: Maryam Jonas, Principal Civil Engineer jl►'� REVIEWED BY: Dana Greenwood, Public Works Director APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: Ms. Beth Muraida, representing the Young Americans Workshop Committee (YA), asked the City to hang a banner across Main Street in front of the El Segundo High School at no cost to YA. The banner would advertise the workshop performances to be held at the ESHS January 8 to 11, 2009 and would begin display the week of December 28, 2009 through January 11, 2010. The YA offers scholarships to children who cannot afford the workshop fee. Because each dollar generated by the program is returned, the committee can offer this opportunity to El Segundo students more frequently. Last year, the YA offered 20 scholarships. While the City does not have a formal banner policy, banners (and their location) are generally approved by the Public Works Department in accordance with El Segundo Municipal Code § 15- 18-12. Persons placing such banners must pay the City $178 for hanging and removing each banner. Here, the YA requests that the City waive the fee in light of YA's community service and nonprofit status. Waiving such fees would be consistent with the City Council's past actions for nonprofit groups conducting events that benefit the community (e.g., "Keep LA Running," and the "American Heart Association "). '1Vd Beth Muraida 525 Lomita St. El Segundo, Ca 90245 November 10, 2009 Dear Mr. Wayt Greetings from the Young Americans' Committee: Once again the ES Schools are proud to sponsor a Young Americans Workshop for 300 of our students. This is a fabulous opportunity for students from 4th -12th grade to receive a one -time 20 -hour individual and group instruction in voice, dance, improvisation, and production. We invite the community to standing -room only (just kidding, it is full though) performances. The dates of the workshop are January 8 -11th. The performances are on Sunday afternoon, and Monday evening, and the Council will be receiving invitations shortly. The children really look forward to this opportunity, and many kids who don't have time in their schedules for music, reap great rewards from this one weekend. How wonderful to touch a child's life with music, and plant seeds of passion for future life journeys. We would like to request that the City hang our Young American Workshop Banner on December 28, 2009 and keep it up until January 11, 2010 (or 12th) We would like to request the banner be hung in front of the high school in Main St. and the fees for hanging the banner be waived. We are able to offer scholarships to families who are experiencing economic difficulties with the money we save from extra costs. The $178 fee would allow several children to participate, who would otherwise not be able. Please present this to the City Council as soon as possible for approval, so we can have Yvette assign a crew to hang the banner. Thank you for considering our request. Beth Muraida YA Committee Member (310) 283 -3650 Iio EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a resolution approving the El Segundo Sewer System Management Plan (SSMP) (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1).Adopt the Resolution and; (2).Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: (1) Resolution (2) Sewer System Management Plan FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Lauren Mahakian, Sr. Administrative Anal REVIEWED BY: Dana Greenwood, Public V1* Director APPROVED BY: Jack Wayt, City M BACKGROUND AND DISCUSSION: The State Water Resources Control Board (SWRCB) adopted Statewide General Waste Discharge Requirements (WDRs) for sanitary sewer systems on May 2, 2006. State Water Resources Control Board Order No.2006 -0003 requires that all public agencies that own or operate sanitary sewer systems develop and implement a sewer system management plan (SSMP). The SSMP shall be a guide for the City of El Segundo upon which actions and decisions can be based to govern operation, maintenance, rehabilitation, and replacement of its sanitary sewer system to prevent Sanitary Sewer Overflows (SSO's) The City retained the services of Environmental Engineering & Contracting Inc., (EEC) on December 16, 2008 to develop an SSMP for El Segundo. Now that their work is complete, staff is satisfied with the report and recommends adoption. 102 RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF EL SEGUNDO'S SEWER SYSTEM MANAGEMENT PLAN AS RECOMMENDED BY THE STATE WATER RESOURCES CONTROL BOARD. The City Council resolves as follows: Section 1: The City Council finds as follows: A. On May 2, 2006, the State Water Resources Control Board adopted Order No. 2006 -0003 DWQ, which constitutes the new waste Discharge Requirements (WDR) mandating that cities develop and implement a Sewer System Management Plan (SSMP); and B. The SSMP, attached as Exhibit " A," and incorporated by reference, constitutes the City of El Segundo's SSMP. Section 2: Pursuant to Board Order No. 2006 -003 DWQ, the City Council adopts the Plan. Section 3: This Resolution becomes effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this day of , 2009. APPROVED AS TO FORM: Mark D. Hensley, City Attorney in Kelly McDowell, Mayor Karl H. Berger, Assistant City Attorney 103 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of , 2009. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) 2 104 CITY OF EL SEGUNDO SEWER SYSTEM MANAGEMENT PLAN August 2009 Prepared For: The City of El Segundo Department of Public Works 350 Main Street, El Segundo, California 90245 Prepared By: ENVtR01VMENTAL ENGINEERING 6 CONTRACTING, INC. 501 Parkcenter Drive Santa Ana, California 92705 EEC Project No: W -2008 105 SSW 1 August 2009 SEWER SYSTEM MANAGEMENT PLAN Introduction The City of El Segundo (City) is required to comply with the State Water Resources Control Board (SWRCB) Order No. 2006 - 0003 -DWQ, adopted May 2, 2006 (Order), and entitled "Statewide General Wastewater Discharge Requirements (WDR) for Sanitary Sewers Systems." The purpose of this order is to prevent sanitary sewer overflows (SSOs) or sewer spills by establishing a statewide monitoring and reporting program and requiring each sewer agency to create and implement their own Sanitary Sewer Management Plan (SSMP). The Order requires that each agency appoint a legally responsible official (LRO) to establish a monitoring and reporting organization to monitor and report all SSOs. In accordance with the Order, SSOs must be certified by the LRO using the California Integrated Water Quality System (CIWQS) within the specified timeframe. The City has completed the Sewer System Management Plan (SSMP) in accordance with the requirements of the WDR. The SSMP will be recommended for adoption by the City Council and City staff will continually update the SSMP and bring it back to Council at intervals as specified in the WDR for approval. 10C SSMP 2 August 2009 Table of Contents Introduction...................................................................................................... ..............................2 (i) Goal .............................................................................................................. ..............................5 (ii) Organization ............................................................................................... ..............................6 (iii) Legal Authority ......................................................................................... ..............................8 (iv) Operation and Maintenance Program ................................................... .............................10 (v) Design and Performance Provisions ........................................................ .............................14 (vi) Overflow Emergency Response Plan ...................................................... .............................15 (vii) FOG Control Program ........................................................................... .............................17 (viii) System Evaluation and Capacity Assurance Plan .............................. .............................20 (ix) Monitoring, Measurement, and Program Modifications ..................... .............................22 (x) SSMP Program Audits .............................................................................. .............................24 (xi) Communication Program ...................................................................... ............................... 107 SSW 3 August 2009 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendices Organizational Chart Sewer Overflow Emergency Response Plan Sewer Overflow Report Form Municipal Code Title 12 Resolution 3448 Fats, Oils, and Grease Control Program Manual Atlas Sample Operation and Maintenance Manual Sewer Master Plan and Capital Improvement Plan Ordinance 1329 Sewer System Maintenance Plan Audit 108 SSW 4 August 2009 i Goal The goal of the SSMP is to provide a plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer system. This will help reduce and prevent sanitary sewer overflows (SSO), as well as mitigate any SSOs that do occur. The City of El Segundo recognizes the importance of protecting ocean water quality by preventing SSOs and has modified its existing sewer system maintenance practices to comply with the State Water Resources Control Board (SWRCB) Order No. 2006 - 0003 -DWQ adopted May 2, 2006 (Order) entitled "Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems." 100 SSMP 5 August 2009 (ii) Organization The SSMP must identify: (a) The name of the responsible or authorized representative as described in Section J of the WDR Section J. - REPORT DECLARATION 1. 1. All applications, reports, or information shall be signed and certified as follows: i. All reports required by this Order and other information required by the State or Regional Water Board shall be signed and certified by a person designated, for a municipality, state, federal or other public agency, as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (ii) of this provision. (For purposes of electronic reporting, an electronic signature and accompanying certification, which is in compliance with the Online SSO database procedures, meet this certification requirement.) ii. An individual is a duly authorized representative only if: a. The authorization is made in writing by a person described in paragraph (i) of this provision; and b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity. The authorized representative for the City of El Segundo is: Jack Wayt City Manager (310) 524 -2301 (b) The names and telephone numbers for management, administrative, and maintenance positions responsible for implementing specific measures in the SSMP program, including lines of authority by organization chart or similar document with a narrative explanation The City of El Segundo has created an organization chart showing the lines of authority of the administrative and field staff for the Wastewater Division. The chart can be found in Appendix A. (c) The chain of communications for reporting SSOs, from receipt of a complaint or other information, including the person responsible for reporting SSOs to the State and Regional Water Board and other agencies if applicable (such as County Health Officer, County Environmental Health Agency, Regional Water Board, and/or State Office of Emergency Services (OES)). 110 SSW 6 August 2009 To establish and document the response to sewer system overflows, including definition of the chain of communications and reporting requirements, the City has developed and utilizes a Sewer Overflow Emergency Response Plan ( SOERP). The SOERP can be found in Appendix B. The Fire Department Environmental Safety Manager is responsible for overseeing the SSO reporting process. The Environmental Safety Manager is also responsible for immediately notifying other agencies, including the Regional Water Board, Los Angeles County Department of Health Services, and OES, if applicable. Each SSO incident must be documented by completing the Sewer Overflow Report form, which can be found in Appendix C, and reported according to Los Angeles County policy. Once the Sewer Overflow Report form is completed it is submitted to El Segundo's Engineering Department for review and further actions (if warranted). The Engineering Department is responsible for submitting all written and /or web - based reports required by other agencies, including entry and certification through the California Integrated Water Quality System Project (CIWQS) on -line spill reporting database. The Engineering Department also maintains all sewer overflow incident documentation. SSW 7 August 2009 11 1 (iii) Legal Authority Each Enrollee must demonstrate, through collection system use ordinances, service agreements, or other legally binding procedures, that it possesses the necessary legal authority to: (a) Prevent illicit discharges into its sanitary sewer system (examples may include Ul, stormwater, chemical dumping, unauthorized debris and cut roots, etc) The City of El Segundo enforces established City regulations prohibiting the discharge of stormwater to the sewer system through the City's Municipal Code including Resolution 3448. The City's Municipal Code, Title 12, can be found in Appendix D and Resolution 3448 can be found in Appendix E. The City's Municipal Code also contains provisions that prohibit the discharge of chemicals, unauthorized debris, pollutants, and any solid or viscous substances that could cause obstructions to flow in the sewer collection system. (b) Require that sewers and connections be properly designed and constructed The City of El Segundo has adopted the 2009 Standard Specifications for Public Works Construction ( "Greenbook "), and the latest CA Plumbing Code standards and specifications for construction of sanitary sewers. Following these standards and specifications ensure sewer lines and connections are properly designed and constructed. (c) Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency Sewer laterals that drain each privately owned parcel or property are owned and maintained by the property owners. Current City Code, Title 12 of the Municipal Code (Appendix D), makes provisions requiring access to all facilities located within the public right of way. (d) Limit fats, oils, and grease and other debris that may cause blockages The City of El Segundo understands the negative impacts to sewer collection system operations caused by the release of fats, oils, and greases (FOG) into the system. In 1999 the City assumed control and responsibility of a FOG Control Program from Los Angeles County. The FOG Control Program has been developed, implemented and updated to reduce the amount of FOG discharge to the sanitary sewer system. A copy of the FOG Control Program Manual can be found in Appendix F. The City's Municipal Code (Appendix D) establishes the legal authority required to implement a FOG Control Program. SSW 8 August 2009 112 The City is considering implementation of additional FOG control rules and regulations applicable to Food Service Establishments (FSE). These Rules and Regulations may address, in greater detail than the City Code, such items as: • General Waste Discharge Prohibitions • Kitchen Best Management Practices (BMP) Requirements • Grease Interceptor Operation and Maintenance Requirements • Grease Trap Operation and Maintenance Requirements • Notification Requirements • Record - Keeping Requirements • Drawing Submittal Requirements • Monitoring Facilities Requirements • Monitoring and Reporting of Conditions Requirements The intent of these additional rules and regulations will be to further reduce FOG discharge from FSEs. (e) Enforce any violation of its sewer ordinances The City of El Segundo sewer ordinances are currently enforced under Administrative Citation provisions of the Municipal Code (Appendix D). The Fire Department Environmental Safety Manager has citation authority to enforce sewer ordinance provisions. SSW 9 August 2009 113 Div) Operation and Maintenance Program The SSMP must include those elements listed below that are appropriate and applicable to the Enrollee's system: (a) Maintain an up -to -date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities The City El Segundo has a Sewer Atlas that shows the location of sewer facilities including mains, manholes and pumping stations. The Atlas is generated from the City's Geographic Information Systems that is managed and maintained by the City's Information Systems Division and is used by the Wastewater division to assist line maintenance and cleaning. An Example of the GIS Atlas can be found in Appendix G. The City's GIS is updated as changes are made to the sewer system. The Wastewater Supervisor and the Information Systems Division are in close communication to make sure all of the sewer maps and related databases are updated. The City's sewer GIS has locations of sewer mains, county trunk lines, manholes, drainage areas, and pump stations. The sewer mains have asset data associated with them such as diameter, length, material, slope, upstream and down stream manholes, install year, flow direction, and pipe line assessment code. Sewer manholes have asset data associated with them such as invert elevation, rim elevation, install date, and associated as -built plan. Pressure or force mains are also identified in the GIS. The Information Systems Division is in the process of developing a web -based application that will allow authorized users to access the City's GIS over the internet. This web -based application will have many tools such as hyperlinked sewer asset features that will open associated as -built plans when they are selected. City sewer maintenance staff members recognize the link between a sewer spill and the potential contamination in a storm drain system. The City educates its staff to understand the storm drain network and to capture a spill before it enters the storm drain system. To assist the City in keeping the State's waterways free of sanitary sewer runoff, stormwater conveyance facilities have been included in the City's GIS. The relationship between the sewer and the stormwater systems is easily recognized when the two systems are mapped. (b) Describe routine preventative operation and maintenance activities to be accomplished by staff and contractors; including a system for scheduling regular maintenance and cleaning of the sanitary sewer system; with more frequent cleaning and maintenance targeted at known problem areas. The Preventative Maintenance Program should have a system to document scheduled and completed activities, such as work orders SSW 10 August 2009 114 The City has developed and utilizes a Sewer System Operation and Maintenance Program to specify operation and routine preventative maintenance activities. The Operation and Maintenance Manual detailing these activities is included as Appendix H. The City has historically cleaned smaller diameter segments, 12" or less, of the sewer system once a year and continues to do so today. Once a year is the industry standard for agencies with comprehensive sewer maintenance programs. Areas needing more frequent cleaning, known as accelerated lines maintenance locations, are cleaned on semi - annual frequency or less. The Operation and Maintenance Manual contains a list of the current accelerated line maintenance locations. City assets include a sewer cleaning truck, with a two -man crew. In addition to these assets, the City's Wastewater staff maintains 9 sewer lift stations. These stations are maintained by the City's Wastewater Staff and an outside contractor is also utilized for additional preventative maintenance activities. (c) Develop a rehabilitation and replacement program to identify and prioritize system deficiencies and implement short -term and long -term rehabilitation actions to address each deficiency. The program should include regular visual and video camera inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or are prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement program should include a capital improvement plan that addresses proper management and protection of infrastructure assets. The plan shall include a time schedule for implementing short- and long -term actions plus a schedule for generating funds necessary for the capital improvement plan Closed circuit television (CCTV) inspection of the entire collection system was conducted by the City in 2000. Significant defects identified were repaired or included in the Capital Improvement Plan (CIP) for repairs /replacement prioritization. A copy of the 2002 Sewer Master Plan that includes the current CIP can be found in Appendix I. During routine system maintenance and /or emergency response activities, City staff identify problem areas and, where warranted, will conduct CCTV inspections to assess these areas. Significant defects are identified, reviewed and prioritized for repairs /replacement based on pipe condition and flow deficiencies, pursuant to the Sewer Master Plan. Through the current rehabilitation and replacement program, El Segundo has identified projects that are not immediately required, but have been budgeted for. SSW I I August 2009 1!5 Replacement equipment operations are included in the CIP and funding is generated through the Enterprise Fund and sewer fees. The CIP also includes costs associated with planning design, construction, and construction inspection. Additionally, the October 2009 /September 2010 Capital Improvement Plan includes a provision to CCTV the entire collection system. Significant defects identified will be repaired or added to the CIP for repair /replacement prioritization. (d) Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained City sewer maintenance staff are provided in -house training on procedures to properly clean and maintain the sewer collection system, as well as respond to spill emergencies. The City has purchased one combination hydrojet /vacuum truck to enable City workers to efficiently respond directly to sewer system overflows. This has helped to improve the response to spills and ensure that spills are contained and cleaned up in the shortest time possible. Wastewater staff are trained to operate and maintain all city pumping facilities and related equipment. Currently and on a regular basis, City staff participate in documented technical training and on-the-job training programs. In addition, staff are required to obtain a minimum, Grade 1 CWEA certification. This certification is required to be maintained through on -going contact hour opportunities. Staff are also encouraged to attend applicable vendor demonstrations. The City has also established required safety training courses. These courses are provided by the City's Human Resources Department through a safety consultant. Examples of topics covered by the courses include: blood borne pathogens, hearing conservation, respiratory protection, hazmat first response, traffic safety, material safety data sheets (MSDS), and driving safety. (e) Provide equipment and replacement part inventories, including identification of critical replacement parts The City has identified locations throughout its service area that are critical to maintaining uninterrupted service. These locations have been included in an extensive bypass procedure plan developed by the City. With the bypass procedures and necessary equipment, each of these locations could be bypassed in case of emergency or equipment failure, to maintain service integrity. A copy of the bypass procedure plans can be found in the Operation and Maintenance Manual in Appendix H. The City has taken measures to identify which spare parts are critical for maintaining uninterrupted service and stores these parts at a central location. El Segundo also maintains spare parts that are necessary for maintenance vehicles and equipment. For parts that are not maintained in the spare parts inventory, El Segundo has SSW 12 August 2009 116 arrangements with readily available suppliers. As a precaution and a means to ensure uninterrupted service, the City also has back -up power generation for lift stations. SSMP 13 August 2009 117 (v) Design and Performance Provisions (a) Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations and other appurtenances, and for the rehabilitation and repair of existing sanitary sewer systems The City of El Segundo has adopted the 2009 Standard Specifications for Public Works Construction ( "Greenbook "), and the latest CA Plumbing Code standards and specifications for construction of sanitary sewers. The Greenbook specifications for pipeline rehabilitation are used as the standard for City projects. Following these standards and specifications ensure sewer lines and connections are properly designed and constructed. Additionally, the City has standardized its use of equipment in the pumping stations for ease of maintenance and replacement. (b) Procedures and standards for inspecting and testing the installation of new sewers, pumps and other appurtenances, and for rehabilitation and repair projects. The City has developed standard plans and specifications for the construction of new sewer infrastructure. Inspection and testing of new construction is accomplished by trained City Public Works Agency construction inspectors. These inspectors ensure that all sewer projects are completed in accordance with the City's standards. SSW 14 August 2009 118 (vi) Overflow Emergency Response Plan Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, this plan must include the following: (a) Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner El Segundo has developed, implemented, and maintains a Sewer Overflow Emergency Response Plan ( SOERP). The SOERP is included in Appendix B. This plan has clear notification procedures ensuring that all appropriate agencies are notified in case of an SSO event. Included in the response plan is a Sewer Overflow Report Form (Appendix C) which contains a list of all agencies, and their numbers, which are to be contacted for each spill event. (b) A program to ensure an appropriate response to all overflows Appropriate SSO response procedures are designated in the SOERP. The plan clearly lists the actions to be performed to alleviate discharges by Public Works staff in the following order: 1. Control, contain, and/or minimize the discharge. 2. Identify and notify the responsible party. 3. Collect information, estimate discharge volumes and capture photo documentation. 4. Begin cleanup of the discharge. 5. Inform the Fire Department's Environmental Safety Manager, who shall provide phone notification to all applicable Federal, State, regional and local agencies. 6. Inform the Engineering Department for an assessment and recommended course of action if the problem cannot be corrected through normal maintenance efforts. (c) Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with this MRP/ All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP should identify the officials who will receive immediate notification Notification procedures for agencies or entities such as the Los Angeles County Health Care Agency or the Regional Water Board are specified in the SOERP. SSW 15 August 2009 to (d) Procedures to ensure that appropriate staff and contractor personnel are aware of and follow the Emergency Response Plan and are appropriately trained All emergency response activities are coordinated by trained City personnel. Contractor personnel are aware of the Emergency Response Plan and the need to coordinate all response activities with City staff. Additional contractor training on specific Emergency Response procedures is under consideration for future SOERP revisions by the Public Works Wastewater Supervisor. (e) Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities The SOERP (Appendix B) includes SSO control, containment, and clean -up procedures to address emergency operations, such as traffic and crowd control and other necessary response activities. (f) A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States and to minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge. The SOERP (Appendix B) includes SSO control, containment, and clean -up procedures to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated and partially treated wastewater to waters of the United States. SSMP 16 August 2009 � 1 (vii) FOG Control Program Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate: (a) An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG The City provides FOG disposal education and outreach to FSEs during FOG program inspections. The City also provides educational material, such as the FOG best management poster developed by Los Angeles County, the California Restaurant Association, and Sanitation Districts of Los Angeles County, during the FOG program inspections. Additionally, the City has made available educational pamphlets at each of its offices. Currently, the City has not implemented a Residential Outreach and Education program. Historically, there have been few FOG related problems in the residential areas of the City and currently, there are no FOG related accelerated line maintenance locations in residential areas. The City continues to evaluate the benefits of providing residential education and outreach materials. Should residential FOG become problematic, the City will re- evaluate its residential Education and Outreach efforts. (b) A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities an/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area Proper disposal of waste grease collected either from grease traps and interceptors or through kitchen practices is essential to a successful FOG control program. To ensure that FSEs properly dispose of their waste FOG, they are given the proper information for FOG disposal during FOG program inspections. The City plans to make a list of approved FOG haulers available on the City's website. All FOG waste collected within the City's service area is currently disposed of at private processing plants located in Los Angeles County. (c) The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG SSW 17 August 2009 121 The City of El Segundo currently enforces City regulations in its Municipal Code (Appendix D) prohibiting the discharge of chemicals, unauthorized debris, pollutants, and any solid or viscous substances that could cause obstructions to flow in the sewer collection system to the sewer system through the City's Municipal Code, Resolution. (d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, kitchen best management practices (BMP) requirements, record keeping and reporting requirements General pretreatment requirements are specified in Section 3 of the Resolution 3448 (Appendix E) as follows: Restaurants classified as industrial discharges shall provide, install, and operate a clarifier of 750 gallons capacity, or of a size capable of providing a minimum 30 minute flow dentition time at peak flow rate, whichever is larger, and at a location prior to connection with public sewer. Additionally, the current edition of the California Plumbing Code (2007) has been adopted by the City and includes other gravity grease interceptor design criteria. Proposed FSE plumbing plans are delivered to the FOG Program Manager from the City's Plumbing Plan Check Department to evaluate specific pretreatment requirements. The FOG Program Manager is also notified of new FSEs from the City's Business Services Division. (e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance For proper FOG Program management, the City conducts FSE inspections and provides FOG education. Sections 12 -2 -6, 12 -6 -1 of the Code, and 6.28.200 of Ordinance 1329 afford the legal authority to conduct inspections and administer penalties. A copy of Ordinance 1329 can be found in Appendix J. In administrating and enforcing provisions of the Municipal Code, the Public Works Director and such officers as the Director may designate, shall at any reasonable hour enter upon any premises, subject to approval of the occupant. Inspection of every facility involved with the discharge of wastewater to the City sewer system may be made by the Public Works Director. (f) An identification of sanitary sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section Accelerated line maintenance locations or specific reaches of sewer pipe that have a history of problems or pose higher than normal risk of an SSO are cleaned more frequently than once a year. Accelerated line maintenance locations are typically identified by maintenance staff during normal maintenance of the collection system. SSW 18 August 2009 122 The cleaning frequency for accelerated line maintenance locations ranges from once every two months to once every six months depending on the severity of the problem and the cleaning effectiveness. A list of the current accelerated line maintenance areas is provided in the the Operation and Maintenance Manual in Appendix H. (g) Development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system for each section identified in (f) above. The sewer line characterization process consists of collecting all known (or perceived) factors associated with each accelerated line maintenance location from the sewer maintenance staff to identify critical information. Factors related to pipe conditions and potential sources are identified and documented. When it is determined that an FSE is a potential source of FOG in an accelerated line maintenance location, that information is forwarded from the Wastewater Supervisor to the FOG Program Manager. The FOG Program Manager will, in turn, inspect and educate the source FSE(s). Potential solutions may also include evaluation of structural issues that impact accelerated line maintenance locations. The accelerated line maintenance location is evaluated to determine if repair may minimize grease accumulation and potentially resolve the accelerated line maintenance locations. SSW 19 August 2009 123 (viii) System Evaluation and Capacity Assurance Plan The Enrollee shall prepare and implement a Capital Improvement Plan (CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include: (a) Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; In 2000 El Segundo had 761 segments of gravity sewer pipelines (total length of over 192,000 feet) inspected using CCTV camera equipment. These inspections were performed by a contractor, National Plant Services Inc., and included development of individual reports for each reach of the sewer system. The reports included severity ratings for all identified defects which were used to prioritize repairs to be included in the Capital Improvement Plan. (b) Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and The City of El Segundo utilizes the 2009 Greenbook, and has adopted the latest CA Plumbing Code standards for construction of sanitary sewers. These standards and specifications ensure sewer lines and connections are properly designed and constructed. (c) Capacity enhancement measures: The steps needed to establish a short- and long -term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, UI reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding. The CIP included in the 2002 Sewer Master Plan addresses all capacity deficiencies and structural issues identified through capacity analysis and CCTV inspection activities. Additionally, the October 2009 /September 2010 Capital Improvement Plan includes a provision to CCTV the entire collection system. Significant defects identified will be repaired or added to the CIP plan for repairs /replacement prioritization. SSW 20 August 2009 124 (d) Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a) -(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D. 14. The CIP included in the 2002 Sewer Master Plan provides the City with a long range planning tool for implementing its sewer infrastructure improvements in an orderly manner, and provides a basis for financing these improvements. To accomplish this goal, the program was phased based upon implementation cost of facilities, the quantity of work the City can reasonably administer each year, and the funds available for the projects. SSW 21 August 2009 125 (ix) Monitoring, Measurement, and Program Modifications The Enrollee shall: (a) Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities The City has created and uses data sets, such as ALM findings, CCTV inspection results, and SSO response findings, to monitor SSMP related activities. Enhancements to the data collection and analysis activities are in process, including web - based, digital map based system for field use. When complete, these systems will be used by engineering and maintenance staff to facilitate operation and maintenance activities for the sewer collection system. This system will also enhance analysis and prioritization of SSMP activities. (b) Monitor implementation and, where appropriate, measure effectiveness of each SSMP element The City has assigned a Senior Civil Administrative Analyst to oversee the implementation of all SSMP activities. This position works closely with the Wastewater Supervisor, The Environmental Safety Manager, The FOG Control Program Manager, and the Principal Engineer to implement all of the SSMP activities. SSMP activity meetings to assess the effectiveness of individual elements are held as needed. (c) Assess the success of the preventative maintenance program The City uses in -house crews to clean sewer collection pipelines on an annual basis. This program has proven to be effective in maintaining a low incidence of SSOs and minimizing the size and impact of the SSOs.. The Wastewater Supervisor is in charge of the routine preventative maintenance program. Line cleaning methods and schedules are continuously modified as needed based upon field conditions. The Wastewater Supervisor works closely with the Principal Engineer to use available technology enhancements to improve the effectiveness of the maintenance program. (d) Update program elements, as appropriate, based on monitoring or performance evaluation The SSMP and its elements will be updated in accordance with the results of the monitoring described herein. Revisions to the FOG program as well as the SOERP have been made in the past, and additional program revisions will be made as required. SSW 22 August 2009 126 (e) Identify and illustrate SSO trends, including frequency, location, and volume. The City has records of all SSOs dating back to January 2007. Using this data, SSO trends are assessed and program adjustments are implemented as required. SSMP 23 August 2009 .4 2 % W SSMP Program Audits As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. These audits shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them. The City has developed an internal audit checklist to evaluate the effectiveness of the SSMP and continued compliance with SSMP requirements. The audit checklist is provided in Appendix K for reference. The initial internal audit to be performed by City staff will be conducted prior to August, 2011. The SSMP will be updated and revised as necessary to address any deficiencies identified in the audit process. (xi) Communication Program The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented. The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee's sanitary sewer system. The City currently utilizes its website to convey information on key elements of the SSMP to the public. Enhancements to the website are planned to include updates and additions to key program elements. The public is encouraged to participate in public hearing /City Council meetings and to provide their comments /input on current and future SSMP development issues. SSMP 24 August 2009 128 Z O F d N z� d G7 O w H a w � 2.3 i ;n SUBJECT: SEWER OVERFLOW EMERGENCY RESPONSE PLAN 1. Purpose: To reduce the potential impact of City sanitary collection sewage system operations on storm water quality and receiving waters, to the maximum extent practicable, by ensuring that: 1) Sewage system overflows or leaks do not enter the storm drainage system, 2) Potential and actual sanitary sewage blockages are remediated and suspected cross - connections are investigated, and, 3) Public health officials and Regional Water Quality Control Board Officials are notified when there is a threat to public health and /or receiving waters. 2. Application : This applies to all officers and employees of the City of El Segundo. 3. Scope : These operational procedures are applicable for all sanitary sewer lines and pump stations owned by the City. In addition, the "Overflow Response" provisions shall also pertain to all private facility or other agency discharges that threaten to enter the City's storm drainage system or other receiving waters. 131 Procedure Overview Typically, a sewer overflow problem is first reported by a resident who observes a sewer overflow. This call comes in to the City through one of two means: The Public Works phone line (310) 524 -2709 (or after hours emergency number (310) 524 -2801) Police Dispatch (9 -1 -1) A representative of the Fire Department, Public Works Department, or both, will respond to all reported discharges and perform an initial assessment. This will include a determination of whether the overflow is on public or private property. Discharges that are determined to be caused by activities on City property, or to which the responsibility cannot be established, will be directed to the Public Works Department Wastewater Division for immediate control, containment and cleanup. Discharges that are determined to be caused by activities on private property that have the potential of reaching City property will also be directed to the Public Works Department Wastewater Division for immediate control, containment and cleanup. For all other overflows on private property, the Fire Department Incident Commander and /or Public Works Wastewater Supervisor or his /her designee will contact the responsible party for immediate and proper removal of the sewage under applicable Federal, State, regional and local codes and regulations. If the responsible party refuses or is unable to comply, staff will contact the City of El Segundo Building and Safety Department at (310) 524 -2349, and the County Health Department at (310) 519 -6060, as appropriate. Actions to alleviate discharges will be performed by Public Works staff in the following order: 1. Control, contain, and /or minimize the discharge. 2. Identify and notify the responsible party. 3. Collect information, estimate discharge volumes and capture photo documentation. 4. Begin cleanup of the discharge. 5. Inform the Fire Department's Environmental Safety Manager, who shall provide phone notification to all applicable Federal, State, regional and local agencies. 6. Inform the Engineering Department for an assessment and recommended course of action if the problem cannot be corrected through normal maintenance efforts. 2 13 �' Detailed Sanitary Sewer Overflow Response Procedures Notification: Notification of a sewage overflow on public or private property typically will be received by telephone, either through the Police Dispatch (9 -1 -1) or through the Public Works Department. Calls received after hours will result in Fire Department response who will then contact the Public Works Department for trained sewer response overflow crews assistance if needed. Non - emergency calls received through the 9 -1 -1 Dispatch Center or Public Works Department will initiate dispatch of trained response crews to the site where the overflow will be evaluated. Based on the scope of the problem and assessment of an emergency situation, appropriate City departments will be notified. Dispatch obtains all relevant information available regarding the overflow including: • Time and date call was received; • Specific location; • Description of problem; • Time possible overflow was noticed by the caller; • Caller's name and phone number; • Other relevant information that will enable the Public Works Department and /or Fire Department to quickly locate, assess and stop the overflow. Incident Response: Fire Department and /or Public Works Department will respond to all reported sewage overflows to identify the responsible party for the overflow and implement control, containment, and clean -up procedures for sewage that has been discharged into the public right of way or private property. Assessment Process: Fire Department Incident Commander and /or the Public Works Wastewater Supervisor or his /her designee will investigate the incident and determine if the sewer overflow is on public or private property. Based on this investigation, the Incident Commander will classify the overflow using the following criteria: There are three characteristics that determine the classification of an overflow: ■ Ownership of the facilities causing the overflow 131 ■ The extent of the overflow (i.e. private property only, street, storm drain and /or ocean) ■ The volume of wastewater overflow If the overflow is on City property, or has the potential of reaching City property, the Public Works Department Wastewater Division will respond. Notification schedule: Public Works Maintenance Facility Office at (310) 524 -2709 from 6:30 A.M. to 4:00 P.M. and after hours call the Police Department at 310 - 524 -2801 (dispatch). The Wastewater Crew will be paged to respond. The Fire Department shall be responsible for immediately notifying applicable State, regional and local agencies by phone, facsimile and certified mail /return receipt. These agencies and telephone numbers are noted at the end of this Action Plan. If the overflow is on private property, Public Works will respond and the responsible party will be contacted for proper removal of the sewage. The responsible party shall be advised that the substance must be removed immediately under the applicable Federal, State, regional and local codes and regulations. If the responsible party refuses to comply or cannot comply, the El Segundo Building and Safety Department at (310) 524 -2349 and the County Health Department at (310) 519 -6060 will be notified. The Fire Department Environmental Safety Manager shall immediately notify Federal. State, regional and local agencies by phone, facsimile and certified mail /return receipt as appropriate. The City may initiate cleanup if deemed appropriate to protect the public health, safety and welfare. Incident Action Plan: This section describes specific actions to be performed by the Fire Department or Public Works Department sewer maintenance personnel: SSO Overflow Control, Containment, and Clean -Up If the initial assessment indicates City property is involved, or has the potential of being affected, Public Works Wastewater Division will respond. The objectives of their actions will be to: • Protect public health, environment and property from sewage overflows and restore surrounding area back to normal as soon as possible; • Establish perimeters and control zones with appropriate traffic control devices, and vehicles; • See that the appropriate regulatory agencies are immediately notified with preliminary overflow information and potential impacts; • Contain the sewer overflow to the maximum extent possible including preventing the discharge of sewage into surface waters by recovering the overflow from the storm drain system; and 4 134 Minimize the City's exposure to any regulatory agency penalties and fines. The Fire Department and or Public Works Department will handle all response actions. The steps, in order of priority, are: 1. Contain and control the discharge. 2. Identify and notify the responsible party; 3. Collect information, estimate overflow volumes and capture photo documentation; 4. Begin cleanup of the overflow; 5. Notify the City of El Segundo Director of Public Works, and; 6. Notify all applicable Federal, State, regional and local agencies by phone, facsimile and certified mail /return receipt immediately or as soon as possible thereafter. Documentation Procedures: Each sewer overflow incident must be documented by completing the Sewer Overflow Report form and report according to Los Angeles County policy. Once the form is completed it is to be submitted to the Engineering Department for review and further action if warranted. The City's Engineering Department will then be responsible for submitting all written or web -based reports required by other agencies and will maintain all sewer overflow incident documentation. 13 ThP fnllowina table lists the contact information for each party: Agency. Phone Number Re ortin Time limit Department of Health Service (310) 519 -6060 Within 2 hours of completing assessment Office of Emer enc Services 800 852 -7550 LA County Beaches and Harbor (310) 545 -4502 LA County Life Guard (310)372 -2162 LA Fish and Game (800)OILS -911 Los Angeles County (562) 699 -7411 Sanitation District City of Torrance (310) 618 -5929 After hours 310 618 -5641 City of Lawndale (310) 970 -2160 After hours 0 671 -7531 City of Manhattan Beach 0) 545 -5621 x 380 After hours r3l 0 545 -5621 x 221 City of Hermosa Beach 0) 318 -0214 After hours 0 318 -0313 City of Hawthorne (310) 970 -7955 After hours 310 970 -7052 City of Redondo Beach (310) 318 -0661 Engineering Department Regional Water Quality (213) 576 -6672 Within 3 hours during business Control Board hours and a written report must be submitted within two weeks State Water Resources Board Web Site CWIQS 136 eit* o f U Sajunda Public Works Department General Services Division - Wastewater Sanitary Sewer Overflow Reporting Form — SSO Type Category 2 Spill Notification Contact Numbers (These agencies are to be contacted for all spills) State of California/ Office of Emergency Services (OES) ............(800) 852 -7550 Los Angeles Regional Water .........................Phone (213) 576 -6720 Quality Control Board (LARWQCB) ............ Fax — for written notification (213) 620 -6140 Department of Health Services (DHS) ..........(626) 430 -5420 Off Hours (213) 974 -1234 Physical Location Details Spill location name: ........................... Latitude of spill location:... ................ deg. min. sec. or _ degrees decimal Longitude of spill location: ................ deg. min. sec. or decimal degrees Street number: .................................... street direction: Street name: ....................................... street type: Suite /Apt: Cross-street: ....................................... City: .................................................. State: Zip: County: .............................................. . Spill location description ................... Regional Water Quality Control Board: 7 131 Spill Details Spill appearance point: ........................................................... Spill appearance point explanation (required if spill appearance pointis "Other"): .................................................................... Did the spill discharge to a drainage channel and/or surface water? ... ............................... ...........................Yes: Did the spill discharge to a storm drainpipe? that was not fully captured and returned to the sanitary sewer system ? .......................... ...........................Yes: Private lateral spill? ...... ............................... ...........................Yes: Name of responsible party (for private lateral spill only, if known): .............................................................. Final spill destination (hold Ctrl key to select multiple answers from the list): ............................................................ Explanation of final spill destination (required if final spill spill destination is "Other ") .................. ............................... Estimated spill volume (in gallons): ...................................... Estimated current spill rate in gallons per minute (if applicable): Estimated spill start date/time: ............................................... Date: Date and time sanitary sewer system agency was notified of /or discovered spill: ............................................................ Date: No: No: No: Time: Time: 8 1.18 Estimated Operator arrival date/time: .................................... Date: E t• ated s ill end date /time ............... ..........................Date: sim p Spillcause: ............................................................................ Spill cause explanation (required if spill cause is "Other "):. If spill caused by wet weather, choose size of storm: ............ Diameter of sewer pipe at the point of blockage or spill cause (if applicable): ...................................................... Inches: Material of sewer pipe at the point of blockage or spill cause (if applicable): ...................................................... Estimated age of sewer pipe at the point of blockage or spill cause (if applicable): .................................................. Description of terrain surrounding the point of blockage or spill cause (if applicable): .................................. Spill response activities: ........................................................ Explanation of spill response activities: (required if spill response it "Other ") ..................... Visual inspection results from impacted receiving water: Overall Spill Description: ............................ g Time: Time: 139 Notircation Details OES Control Number: ................................................. (required for Category 1 spill report if estimated spill volume >= 1000 gallons) OES Called date/time: ............................................................ Date: (required for Category 1 spill report if estimated spill volume >= 1000 gallons) Regional Water Quality Control Board notified date/time: ... Date: Other Agency notified: ................................................... Was any of this spill report information submitted via fax to the Regional Water Quality Control Board? . ............................... Time: Time: Date and time spill report information was submitted via fax to The Regional Water Quality Control Board: ......................... Date: Time: (required if spill report information submitted via fax to the Regional Water Quality Control Board is "Yes ") 10 4 Page 1 of 24 TITLE 12 PUBLIC SEWER FACILITIES CHAPTER 1 GENERAL PROVISIONS, POLICIES AND PROCEDURES 12 -1 -1: PURPOSE: The purpose of this Title is to protect the public health, safety and welfare by providing for beneficial public use of the City sewer system through regulation of sewer construction, sewer use and industrial wastewater discharges; to prevent any discharge which may reasonably interfere with the operation of the system; to provide for equitable distribution of the sewer system costs; to provide procedures for complying with requirements placed on the City by State and Federal laws; and to provide funds for the operation and maintenance of the City sewer system by imposing a service charge upon the users of these facilities. (Ord. 1093, 1- 20 -1987) 12 -1 -2: DEFINITIONS: For the purpose of this Title, certain words and phrases shall be construed herein as set forth in this Section, unless it is apparent from the context that a different meaning is intended: AVERAGE DAILY FLOW: The number of gallons of sewage discharged into the public sewers during a twenty four (24) hour period. BOD OR BIOCHEMICAL OXYGEN DEMAND: The measure of decomposable organic material in domestic or industrial wastewaters as represented by the oxygen utilized over a period of five (5) days at twenty degrees centigrade (20EC) and as determined by the appropriate procedure in "Standard Methods ". COD OR CHEMICAL OXYGEN DEMAND: The measure of chemically decomposable material in domestic or industrial wastewater as represented by the oxygen utilized as determined by the appropriate procedure described in "Standard Methods ". CESSPOOL: Excavation or underground structure which receives any discharge of a drainage system and is constructed to retain organic matter and solids discharged therein but which permits the liquids to seep through the bottom and sides. CHIMNEY: A vertical section of a sewer pipe extending either from a tee set ninety degrees (90C) to the main line or from a wye and a one - quarter bend set vertically at the curb or property line, and in either case suitably reinforced with concrete. CHLORINE DEMAND: The difference between the amount of chlorine added to a wastewater sample and the amount remaining at the end of a thirty (30) minute period as determined by the procedures given in "Standard Methods ". CLARIFICATION: The process of removal and retention of turbidity, settleable solids, deleterious, hazardous, or undesirable matter from wastes by sedimentation or flotation. http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 2 of 24 CLARIFIER OR INTERCEPTOR: A device or structure which separates and retains suspended solids, settleable solids, deleterious, hazardous, or undesirable matter from wastes prior to discharge into public sewer. COMMERCIAL USE: Any commercial or business establishment, office, hotel, motel, or hospital. CONTAMINATION: An impairment of the quality of the underground or surface waters by sewage or industrial waste to a degree which creates a hazard to the public health through poisoning or the spread of disease. DISCHARGER: Any person who discharges or causes a discharge to a public sewer. DISSOLVED SOLIDS OR DISSOLVED MATTER: The solid matter in solution in wastewater as obtained by evaporation of a sample from which all suspended matter has been removed by filtration as determined by the procedures in "Standard Methods ". DOMESTIC WASTEWATER: The water - carried wastes not produced from commercial or industrial activity and which result from normal human living processes. EFFLUENT: The liquid flowing out of any facility operated for treatment of sewage or industrial waste. FACILITY: A pipe or structure constructed for the purpose of collecting, conveying, pumping, treating and disposing of industrial wastewater and sewage. GROSS ANNUAL INCOME OF THE HOUSEHOLD: The income of every member of the household received during the year for which the refund is claimed and shall include, but not be limited to, wages, salaries, bonuses, tips, gross amount of pensions and annuities, retirement benefits, social security payments, disability payments, life insurance benefits, interest, capital gains and inheritances. GROSS FLOOR AREA: The area included within the exterior of the surrounding walls of a building or portions thereof, exclusive of courts. HOUSE CONNECTION SEWER OR LATERAL: That part of the sewer piping within the street or public right of way which extends from the house sewer to a connection with the public sewer. HOUSE SEWER: That part of the sewer piping beginning two feet (2') from the exterior wall of a building, structure or foundation and extending to its connection with the house connection sewer. INDUSTRIAL CONNECTION SEWER: A house connection sewer used primarily for the discharge of industrial waste. INDUSTRIAL USE: Any manufacturing or processing activity, airport or railroad. INDUSTRIAL WASTE: Liquid or solid waste, except domestic sewage, including radioactive substances and explosives, and noxious or toxic gas in the sewer system. http:// www. sterlingcodiiiers .com /CA /El %20Segundo /docbar.htm 1/8/2009 Page 3 of 24 INDUSTRIAL WASTE PRETREATMENT OR TREATMENT FACILITY: Any works or device for the treatment of industrial waste, prior to discharge into the public sewer. INDUSTRIAL WASTEWATER: All water - carried wastes and wastewater excluding domestic wastewater and uncontaminated water, and shall include all wastewater from commercial, manufacturing, institutional, agricultural, or other operations where it includes significant quantities of wastes of nonhuman origin. INSPECTOR: A person authorized by the Public Works Director to inspect wastewater facilities. LICENSED: Licensed and registered by the State. LOT: Any parcel of land occupied or to be occupied for use permitted by this Code. MANHOLE: An access structure to a public sewer or storm drain, usually located in a street right of way, covered by a flat metal hatch. OTHER USE: Any use not defined, including schools, churches, and the like. pH: The logarithm of the reciprocal of the weight of hydrogen ion in grams per liter of solution. PARKWAY: That portion of a public street which is not improved, designed, and ordinarily used for vehicular travel. PEAK FLOW OR PEAK FLOW RATE: The maximum thirty (30) minute rate of sewage flow to be generated from the premises as estimated by the Public Works Director. PERSON: Every owner, tenant, occupant or person having the care or control of any premises in the City and shall include the Federal, State and County Government and all cities and districts except the City of El Segundo. POLLUTION: An impairment in the quality of the underground or surface water by sewage or industrial waste which adversely affects the use of such waters for domestic, industrial, agricultural, or other beneficial purposes. PRETREATMENT OR TREATMENT FACILITY: See definition of Industrial Waste Pretreatment or Treatment Facility. PUBLIC SEWER: A main line sanitary sewer, dedicated to public use and owned by the City. PUBLIC WORKS DIRECTOR: The Director of Public Works of the City or his duly authorized representative. RADIOACTIVE MATERIAL: Material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms. RESIDENTIAL USE: Any single- or multiple - family dwelling. http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 4 of 24 SEEPAGE PIT: An excavation in the ground which receives the effluent from a septic tank and permits the effluent to seep through the ground. SEPTIC TANK: A watertight receptacle which receives the discharge from a sewer system, which retains solids, digests organic matter, and permits the liquids to discharge into the soil through a cesspool, leach field or other method. SEWAGE: The wastewater of the community received by the sewer system consisting of the liquid and water - carried wastes from residences, commercial and industrial buildings, and institutions, and of such a character as to permit satisfactory disposal without special treatment into the public sewer system. SEWER: The conduit that carries sewage in the sewer system. SEWER SYSTEM: All of the property involved in the collection, treatment and disposal of sewage of the community including land, sewers and appurtenances, pumping stations, treatment works and equipment. SHALL /MAY: "Shall" is mandatory. "May" is permissive. SOLID WASTES: Wastes that are not water - carried and that are suitable for disposal with refuse at sanitary landfill refuse disposal sites. STANDARD METHODS: The current edition of "Standard Methods for the Examination of Water and Wastewater ", published by the American Public Health Association. STORM DRAIN: A conduit or channel which carries storm and surface waters and drainage other than polluted wastewaters. SUSPENDED SOLIDS OR SUSPENDED MATTER: The insoluble solid matter suspended in wastewater that is separable by filtration in accordance with the procedure described in "Standard Methods ". TAPPING: The forming of a connection to a public sewer after the sewer is in place. TEE SADDLE: A short pipe fitting with a shoulder at one end to allow the application of the fitting to a hole tapped in the public sewer forming a ninety degree (90C) angle to the public sewer pipe. TOXIC OR POISONOUS SUBSTANCE: Any solid, liquid or gas in sufficient quantity or concentration, either singly or by interaction with other wastes, which tends to injure or interfere with any sewage treatment process, constitutes a hazard to humans or animals, creates a public nuisance, or creates any hazard in the receiving waters of a sewage treatment facility. TRADE SECRETS: Any formulas, plans, processes, tools, mechanisms, procedures, compilations of information, or other materials or methods which are not patented, which are known only to certain individuals within a commercial concern and are used to fabricate, produce or compound an article of trade or a service having commercial value, and which provide an opportunity for a business advantage over competitors. 14 http:// www. sterlingcodifiers .com /CA /El %20Segundo /docbar.htm 1/8/2009 Page 5 of 24 UNCONTAMINATED WATER: Any water utilized by the community which is not contaminated or polluted with wastewater or sewage and which is suitable or could readily be made suitable for discharge to the storm water drainage system. WASTEWATER: The water - carried wastes of the community derived from human or industrial sources including domestic and industrial wastewater. Rainwater, ground water, or drainage of uncontaminated water is not wastewater. WATERCOURSE: A natural or artificial channel for the flow of storm or surface waters. WYE SADDLE: A short pipe fitting with a shoulder at one end to allow the application of a fitting to a hole tapped in the public sewer forming a forty five degree (45C) angle to the public sewer pipe. (Ord. 1093, 1 -20 -1987) 12 -1 -3: APPLICABILITY: A. Facilities: This Title shall apply to all sewer facilities in the City, including house connection sewers, house sewers, industrial connection sewers, interceptors, sewage and industrial waste treatment plants, sewage pumping plant, and their appurtenances, except that nonconforming facilities may be continued in use for one year from the effective date of this Title, or until such longer time as may be permitted by the Public Works Director, if they complied with the applicable provisions of law before this Title became effective. B. Discharges: This Title shall apply to the direct or indirect discharge of all liquid- carried wastes to the sewer system of the City. This Title shall also apply to discharges of all liquid wastes into the City's storm drainage system and all waters of the State. (Ord. 1093, 1 -20- 1987) 12 -1 -4: SCOPE: This Title provides for the regulation of discharges into the City sewer system through the issuance of permits for industrial wastewater discharge containing specific discharge requirements, as well as other permits, and through enforcement of general discharge prohibitions; imposes regulations for waste pretreatment and for sewer construction within the City; authorizes monitoring and enforcement activities; imposes reporting requirements on specific permits; sets the quantity and quality of discharged wastes; establishes penalties for violation of provisions of this Title; and sets fees for the recovery of program costs. This Title is applicable to all discharges within the City and to all persons outside the City who discharge into the City's sewer system. Except as otherwise provided, the Public Works Director of the City shall administer, implement and enforce the provisions of this Title. (Ord. 1093, 1 -20- 1987) 12 -1 -5: STRICT INTERPRETATION: The provisions of this Title and of all rules, regulations and permits promulgated or issued hereunder shall be strictly construed and applied. (Ord. 1093, 1 -20 -1987) 12 -1 -6: LIQUID WASTE DISPOSAL POLICY: 14 http://www.sterlingcodifiers.com/CA/EI`/`2OSegundo/docbar.htm 1/8/2009 Page 6 of 24 A. General: Generally, liquid wastes originating within the City will be removed by the City sewer system, unless the wastes cause damage to structures, create nuisances such as odors, menace public health, impose unreasonable collection, treatment or disposal costs on the City, violate quantity and quality requirements prescribed by State and Federal laws, interfere with wastewater treatment processes, violate applicable State and Federal laws, or detrimentally affect the environment. B. Cesspools And Septic Tanks: The disposal of sewage by means of septic tanks and cesspools or leach fields is a nonconforming sewer facility in the City and their use is to be discontinued pursuant to subsection 12 -1 -3A of this Chapter. If it can be demonstrated to the Public Works Director that the continued use of such facilities is necessary because of geographical or other conditions, then such use shall be permitted until public sewers are installed making it unnecessary to use cesspools and septic tanks. C. Highest And Best Use: The highest and best use of the City sewer system is the conveyance, treatment and disposal of domestic wastewater. The use of the City sewer system for the discharge of industrial wastewater is subject to further regulation by the City. D. Water Reclamation: In compliance with requirements of Federal and State agencies, the City is or may be committed to a policy of wastewater and reuse in order to provide an alternate source of water for nondomestic use and to reduce costs of wastewater treatment and disposal. E. Industrial Wastewater: In conformance with policies of Federal and State agencies which establish higher standards of treatment plant effluent quality, provisions are made in this Title for the regulation of industrial wastewater discharges. This Title establishes quantity and quality limitations on industrial wastewater discharges which may adversely affect the City sewer system or effluent quality. Fees to recover costs from industrial wastewater dischargers are also established where the dischargers impose inequitable collection, treatment or disposal costs on the City. Optimum use of the City facilities may require the Public Works Director to limit certain industrial wastewater discharges to periods of low flow in the sewer system. (Ord. 1093, 1 -20 -1987) 12 -1 -7: MINIMUM STANDARDS FOR SEWAGE PLANTS: Sewage and industrial waste treatment plants and facilities shall only discharge effluents to the City sewer system that meet the requirements of the Public Works Director as described in an industrial wastewater discharge permit. If the discharge is to a storm drain system, the requirements of the California Regional Water Quality Control Board must be met. (Ord. 1093, 1 -20 -1987) 12 -1 -8: MAINTENANCE OF SEWERS AND APPURTENANCES: All house connection sewers, house sewers, industrial connection sewers, clarifiers, sewage and industrial waste treatment facilities, private pretreatment plants, sewage pumping plants, and their appurtenances shall be maintained in good operating condition and in conformity with applicable law by the owner of the property which such facilities serve. (Ord. 1093, 1 -20 -1987) CHAPTER 2 1 http:// www. sterlingcodifiers .com /CA /E1 %2OSegundo /docbar.htm 1/8/2009 Page 7 of 24 ADMINISTRATION; RULES; INSPECTIONS 12 -2 -1: ADMINISTRATION BY PUBLIC WORKS DIRECTOR: The Public Works Director shall administer and enforce the provisions of this Title and supervise the construction of public sewers in streets and public sewer easements owned by the City. (Ord. 1093, 1 -20 -1987) 12 -2 -2: RULES AND REGULATIONS: A. Adoption: The Public Works Director may prescribe rules and regulations not inconsistent with this Title as are reasonably necessary for the lawful and efficient operation of the City sewer system including, but not limited to, rules and regulations mandated by State and Federal laws. Such rules and regulations shall become effective when adopted by resolution of the City Council. Such rules and regulations shall consider the quantity, quality and means of disposal of sewage and industrial wastes as well as geographic, topographic, and physical construction factors and treatment methods in the sewer system and the beneficial uses of the water in the system or of waters receiving discharge therefrom. B. Notice: The Public Works Director shall serve on each person holding a permit under this Title a copy of all rules and regulations adopted by the City Council that are applicable to said permit. (Ord. 1093, 1 -20 -1987) 12 -2 -3: RECORDS: The Public Works Director shall keep complete records of all permit applications and permits issued under this Title including the location; plans and specific description of the use; the names and addresses of applicants and permittees; and records of all fees paid pursuant to this Title, with the names of the persons making payments, dates of payments, purposes and amounts of the payments. These records shall be open to public inspection. (Ord. 1093, 1 -20- 1987) 12 -2 -4: TRADE SECRETS: To the extent permitted by State law, any record, report, or information that may become known to the City in the course of implementation or enforcement of the provisions of this Title which if made public would divulge methods or processes entitled to protection as trade secrets, shall not be made public by the City if the person from whom said data is obtained requests in writing that the City maintain the confidentiality of said data. (Ord. 1093, 1 -20 -1987) 12 -2 -5: INSPECTION AUTHORIZED: A. Entry And Inspection On Private Property: In administering and enforcing the provisions of this Title, the Public Works Director, bearing proper credentials and identification, may at any reasonable hour enter upon any premises, subject to approval of the occupant. If the owner or occupier refuses to allow entry, the Public Works Director may do so after obtaining an appropriate warrant. B. Emergency Entry; Denial Constitutes Misdemeanor: Notwithstanding the foregoing, if the i4t http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 8 of 24 Public Works Director has reasonable cause to believe that there are violations of this Title occurring that are so hazardous, unsafe or dangerous as to require immediate inspection to protect the public health or safety, the Public Works Director shall have the right to immediately enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the property is occupied, he shall first present proper credentials to the occupant and demand entry, explaining his reasons therefor and the purpose of his inspection. No person shall fail or refuse to permit reasonable inspection. (Ord. 1093, 1 -20 -1987) 12 -2 -6: ACCESS FOR INSPECTION; INTERFERENCE PROHIBITED: A. Facilities Inspection: Inspection of every facility involved with the discharge of wastewater to the City sewer system may be made by the Public Works Director. These facilities shall include, but not be limited to, sewers, sewage pumping plants, pollution control plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, and similar facilities. Inspections may be made to determine whether such facilities comply with the provisions of this Title. B. Access: Access to such facilities shall be given to authorized personnel of the City at all reasonable times and whenever emergency conditions exist. Any obstruction to access to the sewage facility to be inspected shall promptly be removed by the facility user or owner at the written or verbal request of the Public Works Director and shall not be replaced. C. Interference Or Refusal: No person shall interfere with, delay, or refuse entrance to authorized City personnel attempting to inspect any facility connected directly or indirectly to the City sewer system. (Ord. 1093, 1 -20 -1987) 12 -2 -7: PURPOSE OF INSPECTION: The Public Works Director may, as herein provided, enter private property to exercise any power vested in him by this Title, including the power to determine: A. The size, depth and location of any connection with a public sewer or storm drain. B. The quantity, quality and nature of industrial waste, sewage, or surface waters being discharged into a public sewer, storm drain, or watercourse. C. The effectiveness of any device used to prevent waste prohibited by this Title from entering any sewer, storm drain or watercourse. D. The location of roof, swimming pool, and surface drains, and whether they are connected to a street gutter, storm drain, or sewer. E. The nature of liquids and the condition of processing equipment which are a potential hazard to the City sewer system. F. Whether there is compliance with the provisions of this Title. (Ord. 1093, 1 -20 -1987) http:// www. sterlingcodifiers .com /CA /E1 %2OSegundo /docbar.htm 1/8/2009 148 Page 9 of 24 12 -2 -8: MAINTENANCE INSPECTIONS: The Public Works Director may inspect, as often as he deems necessary, every public sewer, sewage pumping plant, sewage or industrial waste pretreatment or treatment facility, industrial connection sewer, clarifier, dilution basin, neutralization basin, or other similar appurtenance, to ascertain whether such facilities are maintained and operated in accordance with the provisions of this Title. (Ord. 1093, 1 -20 -1987) 12 -2 -9: INSTALLATION OF CONTROL MANHOLE: The Public Works Director may require a control manhole of a design he approves to be furnished and installed by any industrial wastewater discharger to facilitate inspection and sampling by the City or other governmental agencies. Such manholes shall be constructed at locations approved by the Public Works Director and authorized City personnel shall have unrestricted access thereto at all times consistent with the provisions of subsection 12 -2 -513 of this Chapter. Access of others to such manholes shall be restricted by appropriate security measures. (Ord. 1093, 1 -20 -1987) 12 -2 -10: CHEMICAL SHUT -OFF REQUIREMENT: A means shall be provided to effect immediate cessation of discharge of liquid chemicals, process solutions, or spent process solutions into the City sewer as a result of spills, overflows, leaks, failure of containers or inadvertent discharges. Such means of cessation shall include, but not be limited to, installation of automatic valves, gates, or bypasses to impervious containers which when activated will stop water supply to and the discharge from industrial processes. The discharger shall submit details of the proposed measures and drawings before installation and obtain approval from the Public Works Director. (Ord. 1093, 1 -20 -1987) 12 -2 -11: PERMANENT OR TEMPORARY OBSTRUCTIONS: No person shall install, construct, or place any permanent or temporary object or structure in a location where it will interfere with ready and easy access to any pretreatment or treatment facility, sampling compartment, manhole, flow metering device, or any instrumentality for which a permit is required by this Title. Any such obstruction shall be removed upon order of the Public Works Director by the person responsible for it, at no expense to the City. (Ord. 1093, 1- 20 -1987) 12 -2 -12: CERTIFICATE OF FINAL INSPECTION: When the Public Works Director is satisfied that all work done under a permit issued pursuant to this Title has been constructed according to and meets the requirements of this Title and such other applicable provisions of law, and that all required fees have been paid, he shall, upon request therefor, issue to the permittee constructing such work a certificate of final inspection, which shall recite that the work covered by the permit has been constructed according to this Title and is approved. (Ord. 1093, 1 -20 -1987) 12 -2 -13: SEWER FUND: All fees received by the City under this Title shall be deposited in a Sewer Fund maintained by 149 http:// www. stertingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 10 of 24 the City Treasurer. The monies received and the interest thereon shall be used for the operation, maintenance and expansion of the City sewer system. (Ord. 1093, 1 -20 -1987) 12 -2 -14: VIOLATIONS; NOTICE; COMPLAINT: A. Violations: It shall be unlawful to violate any provision of this Title, the conditions or limitations of any permit issued under this Title, or any rule or regulation prescribed and adopted pursuant to this Title. B. Notice; Complaint: Before requesting a criminal complaint, the Public Works Director may notify any person found to be in violation of this Title or of any limitation or requirement of a permit issued hereunder. (Ord. 1093, 1 -20 -1987) CHAPTER 3 SEWER CONNECTIONS; SPECIFICATIONS; MANHOLES 12 -3 -1: PERMITS REQUIRED: A. Sewer Connection: No person shall connect to or tap a public sewer of the City or maintain a connection or tap to such sewer without obtaining a permit from the Public Works Director. B. Excavations: No permit to connect to or tap a public sewer shall be issued unless a permit is also obtained pursuant to Title 9, Chapter 2 this Code, if applicable. (Ord. 1093, 1 -20 -1987) 12 -3 -2: EASEMENT REQUIRED: No permit shall be issued to connect a house sewer or house connection sewer to a public sewer if the connection or any portion thereof is in, under, or on a lot not owned by the person whose house is to be connected and no recorded easement exists authorizing the connection of such lot. (Ord. 1093, 1 -20 -1987) 12 -3 -3: EXCESSIVE DISCHARGE OF SEWAGE: No permit shall be issued to connect to or tap a public sewer unless said sewer has sufficient sewage capacity to receive the intended discharge. The Public Works Director may require the discharger to restrict the discharge until sufficient capacity is available, or to construct a public sewer to provide sufficient capacity. The Public Works Director may refuse service to persons locating facilities in areas where their proposed quantity or quality of sewage or industrial wastewater is unacceptable to the available treatment facility. (Ord. 1093, 1 -20 -1987) 12 -3-4: ENVIRONMENTAL IMPACT REPORT: No permit to connect to or tap a public sewer shall be issued if the proposed use of the public sewer may have a significant effect on the environment unless the environmental review process has been completed pursuant to the requirements of the California Environmental Quality Act 8 . (Ord. 1093, 1 -20 -1987) http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 11 of 24 12 -3 -5: FEES: A. Sewer Connection Fees: Except as otherwise provided in this Title, no permit to connect to or tap a public sewer shall be issued unless the prescribed sewer connection fees have been paid to the City. The sewer connection fee shall be fixed and established from time to time by the City Council by resolution. B. Increase Or Reduction Of Fee: The City Council may, for good cause, increase, remit or reduce all or any portion of any fee or charge prescribed by this Title. (Ord. 1093, 1 -20- 1987) 12 -3 -6: TAPPING PUBLIC SEWER: A. Application For Tap: When, in the opinion of the Public Works Director, a house connection sewer should be connected to a public sewer at a point where there is no connection facility, application for a public sewer tap shall be submitted and a sewer connection fee for each tap shall be paid before the permit is issued for construction of the house connection sewer. B. Tapping In Presence Of City Employee: All tapping of public sewers shall be made by a licensed sewer contractor in the presence and to the satisfaction of an inspector acting under the authority of the Public Works Director. (Ord. 1093, 1 -20 -1987) 12 -3 -7: SPECIFICATIONS AND GRADES: Connections to public sewers shall comply with the following: A. Cast Iron Pipe: House connection sewers shall be made with pipe of cast iron, clay or other material, approved by the Public Works Director. B. City Specifications: The pipe of the house connection sewer shall be laid in conformity with City specifications for public sewers. C. Alignment: The pipe shall be laid in a straight alignment and at a uniform slope, and shall have a fall of at least one foot (1') in fifty feet (50') unless the Public Works Director determines that an exception is warranted. D. Depth: The pipe must be at least three and one -half feet (3 1/2') below an established street or alley grade where it crosses the property line on the date of installation unless the Public Works Director determines that an exception is warranted. E. Right Angle From Connection: The alignment of the house connection sewer must be at right angles from the connection to the public sewer unless the Public Works Director determines that an exception is warranted. F. Wye Or Tee Saddles: A collar wye or tee saddle shall be installed in tapped public sewers by cutting a properly proportioned hole in the public sewer and fitting the saddle tightly in place. Wye saddles shall be placed in the side of the public sewer with the wye branch so pointed as to direct the flow from the house connection sewer downstream at ii 51 http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 12 of 24 approximately a forty five degree (45E) angle with the public sewer, and tilted upward at approximately forty five degrees (45E) from the horizontal. Tee saddles shall be used for the construction of chimney pipes and for connections to twelve inch (12 ") diameter and larger public sewers and tilted upward at approximately forty five degrees (45C) from the horizontal or as approved by the Public Works Director. G. Wye Or Tee Connection: No house or industrial waste connection to a public sewer shall be made, except through a wye or tee branch, without written permission from the Public Works Director. (Ord. 1093, 1 -20 -1987) 12 -3 -8: HOUSE CONNECTION SEWERS, SERVE ONE LOT: No more than one lot shall be connected to any one house connection sewer. (Ord. 1093, 1- 20 -1987) 12 -3 -9: CONNECTING CESSPOOLS OR SEPTIC TANKS: No person shall connect any cesspool, seepage pit or septic tank to any public sewer or to any house sewer or house connection sewer. (Ord. 1093, 1 -20 -1987) 12 -3 -10: DISCONNECTION OF UNLAWFUL CONNECTION: The Public Works Director may disconnect any house connection sewer installed or maintained in violation of the provisions of this Title. Reconnection of such a disconnected sewer shall be made only upon issuance of a permit as provided in this Title. Before such permit is issued or considered, the applicant shall reimburse the City for all cost resulting from the disconnection. (Ord. 1093, 1 -20 -1987) 12 -3 -11: COST OF REPAIR TO PUBLIC SEWER: Any person who unlawfully obstructs, damages, destroys, or removes any public sewer, or appurtenance thereof, shall reimburse the City for the reasonable cost of necessary flushing, cleaning, repairing and reconstruction of the sewer within thirty (30) days after written request from the Public Works Director to do so. (Ord. 1093, 1 -20 -1987) 12 -3 -12: DISCHARGE INTO MANHOLE; PERMIT; FEE: A. Opening Manhole: No person shall open, enter, or allow to remain open, any manhole in any public sewer without a permit from the Public Works Director. B. Disposal Of Cesspool Effluent: No person shall deposit cesspool effluent or any waste or sewage into a manhole without a permit from the Public Works Director. The Public Works Director may permit disposal of cesspool effluent into designated manholes by operators of cesspool pump trucks holding valid County Health Department certificates of registration upon payment of a disposal fee of two hundred fifty dollars ($250.00) for each truckload, provided the effluent contains no substance which he determines to be deleterious; and further provided, that the cesspool wastes originated from cesspools within the City. C. Method Of Disposal: Cesspool effluent deposited into a manhole in accordance with this http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 13 of 24 Section shall be discharged through a pipe or hose in such a manner that none of the effluent adheres to the sides or shelf of the manhole. If any effluent adheres to the sides or shelf of the manhole, it shall be removed by the operator of the cesspool pump truck. Said operator shall leave the sides and shelf of the manhole clean. (Ord. 1093, 1 -20 -1987) CHAPTER 4 INDUSTRIAL WASTE AND DISPOSAL 12 -4 -1: INDUSTRIAL WASTE PERMIT: A. Permit Required: No person shall discharge any industrial waste into any City sewer or storm drain without first obtaining an industrial waste permit from the Public Works Director in the case of discharge to the sewer, and from the California Regional Water Quality Control Board in the case of discharge to the storm drain. B. Industrial Waste Disposal By Landfill: If a person chooses to dispose of industrial waste material by hauling said material to an authorized disposal site, he shall apply for an industrial waste permit as provided herein. C. Application For Permit: Applications for industrial waste permits shall be filed in writing with the Public Works Director and shall be supplemented by such additional information as he may require. (Ord. 1093, 1 -20 -1987) D. Permit Fee: Applications for permits shall be accompanied by an application fee based on the nature of work required to process the permit, which shall be fixed and established from time to time by the City Council by resolution. (Ord. 1268, 3 -18 -1997) 12 -4 -2: REVIEW AND ACTION ON APPLICATIONS: A. Review: The Public Works Director shall review all applications for industrial waste permits to determine that the proposed discharge of waste will not violate any provision of this Title or State and Federal laws. B. Action: Within thirty (30) days after the Public Works Director receives an application for an industrial waste permit, he shall, pursuant to this Title, grant or deny the permit and notify the applicant of the action taken. Such time limit may be extended by mutual agreement between the Public Works Director and the applicant. (Ord. 1093, 1 -20 -1987) 12 -4 -3: CONDITIONS IMPOSED: The Public Works Director, in granting a permit, may impose conditions consistent with the purpose of this Title, including, but not limited to, pretreatment of wastewater before discharge, restriction of peak flow discharges or of discharge of certain substances, limitation of discharge to certain hours, and payment of additional charges to defray increased costs to the City created by the discharge. (Ord. 1093, 1 -20 -1987) 12 -4 -4: ENVIRONMENTAL IMPACT REPORT: i5.3 http:// www. stertingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 14 of 24 No industrial waste permit shall be granted if the proposed use of the public sewer may significantly affect the environment, unless the environmental review process has been completed pursuant to the requirements of the California Environmental Quality Act 9 . (Ord. 1093, 1 -20 -1987) 12 -4 -5: CONDITIONS CHANGED: Whenever the operators of the treatment facilities, through which effluent from the City's sewerage system is discharged, require any modification of the conditions or composition of the effluent, the Director of Public Works may impose conditions upon any industrial waste permit in order to conform with such requirements or may revoke or suspend any such industrial waste permit. When possible, the permit holder shall be allowed sixty (60) days after notice within which to comply with the conditions of the permit. (Ord. 1093, 1 -20 -1987) 12 -4 -6: UNLAWFUL DISCHARGE OF INDUSTRIAL WASTE: No person shall directly or indirectly discharge industrial waste into the City sewer system unless the Public Works Director has determined that the substance to be discharged will not violate the provisions of this Title or the water quality standards for receiving waters established by other government agencies. (Ord. 1093, 1 -20 -1987) 12 -4 -7: FEES; EXCEPTIONS: The fees established in Sections 12 -4 -8 and 12-4-9 of this Chapter shall be applicable to all sewer connections within the City and all sewer connections to the City's system, whether within or without the City, except that those portions of the City within the Los Angeles County South Bay Sanitation District or Los Angeles County Sanitation District No. 5, shall not be subject to any of the fees set forth in the foregoing Sections, where a fee for similar service is imposed by the Los Angeles County South Bay Sanitation District or Los Angeles County Sanitation District No. 5. (Ord. 1093, 1 -20 -1987) 12 -4 -8: ANNUAL INSPECTION FEE: Every person granted an industrial waste permit under this Title shall pay an annual fee to the City for inspection and control and such fee shall be fixed and established from time to time by the City Council by resolution. (Ord. 1093, 1 -20 -1987) 12 -4 -9: ANNUAL QUALITY SURCHARGE FEE: A. Formula: Every person granted an industrial waste permit under this Title shall pay an annual quality surcharge fee for wastes discharged into the sanitary sewer system pursuant to the following formula: C = V [a(SS -250) + b(BOD - 180)] k where "C" is the quality surcharge fee; "V" is the average daily volume of waste discharged in gallons, based on: 151 http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 15 of 24 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 waste 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 (5) day biochemical oxygen demand of the waste discharged, expressed in milligrams per liter; a is the cost assessed for each pound of suspended solids, and such cost shall be fixed and established from time to time by the City Council by resolution; presently $ 0.29 /lb. b is the cost assessed for each pound of biochemical oxygen demand, and such cost shall be fixed and established from time to time by the City Council by resolution; presently $0.11/lb. k 365 x 8.34/1,000,000, a dimensional constant to convert C to dollars. If the term containing SS or BOD is negative, a value of zero shall be used for that term. SS and BOD analyses shall 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. (Ord. 1237, 4 -4 -1995) B. Appeal From Annual Quality Surcharge Fee: Any permit holder whose annual quality surcharge fee has been determined in the manner provided and who believes the discharge volume range applied to his premises is incorrect, may submit engineering data to the Public Works Director. If the Public Works Director finds the discharge of the permit holder differs significantly from the volume range which was applied, he may adjust the fee. C. Review Of Annual Surcharge Fee: The Public Works Director shall annually review the rates assessed in subsection A of this Section for SS and BOD and make a written recommendation to the City Council concerning rate adjustments necessary to recover revenue from industrial waste dischargers to pay the cost to the City of treating sewer discharge in excess of domestic quality. (Ord. 1093, 1 -20 -1987) 12 -4 -10: ANNUAL COST OF TREATMENT FEE: An annual cost of treatment fee of from twenty five dollars ($25.00) to one thousand dollars ($1,000.00) for a fee per unit of offending constituent as set by the Public Works Director shall be paid by permit holders who discharge wastes that impose unusual monitoring, maintenance, or capital costs on the City which are unrelated to total flow volume, SS or BOD, or peak flow rates. Such fees shall be calculated to defray costs attributable to such wastes. (Ord. 1093, 1 -20 -1987) _ http:// www. sterlingcodifiers .com /CA /EI %2OSegundo /docbar.htm 1/8/2009 Page 16 of 24 12 -4 -11: DUE DATES: The annual inspection fee, quality surcharge fee, and the cost of treatment fee shall be paid annually in advance of one of four (4) dates as follows: If The Permit Is Granted Between Of The Annual Fee Shall Be The Due Date Jan. 1 and Mar. 31, inclusive April 1 April 1 and June 30, inclusive July 1 July 1 and Sept. 30, inclusive Oct. 1 Oct. 1 and Dec. 31, inclusive Jan. 1 (Ord. 1093, 1 -20 -1987) 12 -4 -12: DELINQUENCY; ADDITIONAL CHARGE: If annual fees are not paid on or before the last day of the month in which they are due, an additional charge of twenty five percent (25 %) of the required fees, but not less than ten dollars ($10.00), shall be imposed and become payable as part of the annual fees. If said fees and additional charges are not paid on or before thirty (30) days after the last day of the month in which said fees were due, the permit shall be revoked pursuant to Section 12 -4 -13 of this Chapter. (Ord. 1093, 1 -20 -1987) 12 -4 -13: SUSPENSION AND REVOCATION OF PERMIT: A. Authority: The Public Works Director shall suspend the permit of any permit holder who fails to comply with the conditions of his permit or any provision, rule, or regulation of this Title. Any person whose permit has been suspended shall immediately discontinue the discharge of industrial waste, and shall not resume such discharge or deposit until the permit has been reinstated. The Public Works Director shall revoke any permit suspended pursuant to this Section which is not reinstated within one year from the date of suspension. B. Reinstatement Of Permit: The Public Works Director shall reinstate a suspended permit when all violations have been corrected and all new conditions have been met. Before any revoked permit is reissued, all delinquent fees and additional charges due and owing to the City shall be paid. (Ord. 1093, 1 -20 -1987) 12 -4 -14: TRANSFER OF PERMITS: A. Successor In Interest: Permits issued under this Title shall be transferred to the successor in title or interest of the premises for which the permit was granted if the same business is continued and the successor files with the Public Works Director a written statement agreeing to comply with the conditions of the permit, pays an application fee, and provides satisfactory evidence of the transfer of title or interest. B. Other Premises: Permits issued under this Title are not transferable from one location to another. (Ord. 1093, 1 -20 -1987) 12 -4 -15: DISCLOSURE AND MEASUREMENT OF WASTE PRODUCTS: 15 G http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 17 of 24 A. Origin Of Waste: The Public Works Director may require any person discharging or proposing to discharge industrial waste in a public sewer to furnish information respecting the origin and nature of such waste, and to provide and maintain facilities for sample collection and recording. B. Measurements: Periodic measurements of flow rates, flow volumes, BOD and SS to determine the annual quality surcharge fee and such measurements of other constituents as required by the Public Works Director shall be made by industrial waste dischargers. Such sampling, analyses and flow measurements of industrial wastes shall be performed by a State certified independent laboratory; or by a laboratory of an industrial waste discharger approved by the Public Works Director; or by City personnel, at the discretion of the Public Works Director, upon written request of the discharger, and on condition that the discharger shall reimburse the City for all costs incurred by the City. Data from the laboratory of an industrial waste discharger shall be submitted only after verification by an administrative official of such discharger under penalty of perjury. C. Analyses: All wastewater analyses shall be conducted according to the procedures stated in "Standard Methods ". If no procedure is contained therein, the standard procedure of the industry or a method approved by the Public Works Director shall be used. Independent laboratories or the discharger performing tests shall furnish data on test methods or equipment as requested by the Public Works Director. D. Rate And Volume: Dischargers making periodic measurements shall install at the control manhole or other location a calibrated fume, weir, flow meter or similar device approved by the Public Works Director to measure the wastewater flow rate and volume. A flow indicating and recording register may be required by the Public Works Director. E. Records Of Water Use: In lieu of wastewater flow measurement, the Public Works Director may accept records of water use and adjust the flow volumes by suitable factors to determine peak and average flow rates. F. Inspection: Sampling analysis and flow measurement procedures and equipment shall be subject at any time to inspection by the Public Works Director. Industrial plants with large fluctuations in quality and quantity of wastewater may be required to provide sampling, analysis, and flow measurement data for each work day. G. Monitor And Alarm System: Industries producing a discharge with a fluctuating pH shall install a continuous pH monitor and alarm system to alert the discharger of any discharge with a pH higher than eleven (11) or lower than five and five- tenths (5.5). The discharger shall maintain the records of the monitoring system, incidents of discharge contrary to the permissible limits and corrective and preventive measures implemented. These records shall be available for inspection by the authorized City representative at all times. H. Chemical Containers Identified: Tanks and containers for chemicals or other substances that might by process, leakage or spillage reach the City sewer shall be plainly identified by number and contents. I. Random Measurements: Public Works Director shall make measurements on a random basis to verify the constituents or quantities of waste flows reported by industrial dischargers. Additional City costs resulting from violations shall be paid by the discharger. 157 http:// www. sterlingcodifiers .com /CA /El %20Segundo /docbar.htm 1/8/2009 Page 18 of 24 J. Discharger Report: Dischargers shall furnish a report to the Public Works Director concerning the disposal of industrial wastes which the Public Works Director has prohibited from discharge into the City sewer system. The report shall include the date of the disposal, tanks or containers emptied, name of the disposal agency, and signed receipt. (Ord. 1093, 1 -20 -1987) 12 -4 -16: FOOD WASTES: Food wastes processed or ground by grinders with a rated horsepower of one horsepower or more are industrial wastes and subject to the provisions of this Title. (Ord. 1093, 1 -20 -1987) 12 -4 -17: TEMPERATURE OF WASTE: No person without specific authorization from the Public Works Director shall discharge into a public sewer any industrial waste having a temperature greater than one hundred forty degrees Fahrenheit (140 ❑F). (Ord. 1093, 1 -20 -1987) CHAPTER 5 UNAUTHORIZED DISPOSAL 12 -5 -1: PROHIBITED WASTE: No person shall discharge, permit the discharge, cause the discharge, or contribute to the discharge directly or indirectly into the City sewer system or storm drain system industrial waste containing hazardous, flammable, toxic or poisonous substances in sufficient quantity, either singly or by interaction with other wastes, to be injurious to humans or animals, or to create a hazard or public nuisance, or any waste of such a nature or quality as to interfere with the effective operation of the City sewer system or storm drain system or with the water quality requirements placed on the City by other governmental agencies. (Ord. 1093, 1 -20 -1987) 12 -5 -2: ALLOWABLE CONCENTRATIONS OF CERTAIN WASTES: The Public Works Director shall from time to time prepare a list of allowable quantities or concentrations of certain constituents in industrial wastewater flows and shall issue directions for meeting requirements of this Title. (Ord. 1093, 1 -20 -1987) 12 -5 -3: SWIMMING POOLS: Discharges from swimming pools during maintenance operations may be made into City sewers, as determined by the Director of Public Works if the discharge is properly neutralized so as not to have a detrimental effect on the sewer, and the receiving waters thereof. A permit for the discharge shall be obtained from the Public Works Director. The fee for such a permit shall be ten dollars ($10.00). (Ord. 1093, 1 -20 -1987) 12 -5 -4: WATER ON STREETS PROHIBITED; TEMPORARY PERMITS: No person shall negligently, wilfully or maliciously discharge, throw or deposit water on any street in such manner as to obstruct or damage the street, or to create a nuisance or hazard to 8 http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 19 of 24 persons or property, or to prevent or interfere with the free and uninterrupted use of the street by the public; provided, however, that the Public Works Director may grant and issue permits for the temporary discharge of water upon the street, upon such terms and conditions as he may deem necessary to protect the City and public from damage and injury. (Ord. 1093, 1 -20- 1987) 12 -5 -5: UNAUTHORIZED DISCHARGE: No person shall discharge any waste or sewage into any watercourse, flood control channel or tributaries or into the ground by percolation or injection without a permit from the Public Works Director. (Ord. 1093, 1 -20 -1987) 12 -5 -6: UNLAWFUL POLLUTION: No permit shall be issued for, nor shall any person discharge or deposit waste or sewage which creates a public nuisance, a menace to the public safety, pollution or contamination of underground or surface waters, or impairs the use of any public sewer, storm drain channel, or public or private property. (Ord. 1093, 1 -20 -1987) 12 -5 -7: LIABILITY FOR UNLAWFUL DISCHARGE: Any person who unlawfully discharges or causes wastewater to be discharged into the public sewer system or storm drain systems is in violation of this Chapter and is therefore liable for all damages, costs, fines or charges incurred. (Ord. 1093, 1 -20 -1987) CHAPTER 6 ENFORCEMENT 12 -6 -1: SUSPENSION OF INDUSTRIAL WASTEWATER PERMIT: A. Authority: The Public Works Director may suspend an industrial wastewater permit when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or which either singly or by interaction with other discharges, is an imminent hazard to the sewer system, the storm drain system, or the waters of the State, or places the City in violation of its NPDES permit. B. Cease Discharge Upon Notice: Any discharger notified of a suspension of that discharger's industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewer system. C. Failure Of Discharge To Comply: In the event of a failure of the discharger to comply voluntarily with the suspension order, the Public Works Director may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger's connection to the sewer system. D. Notice Of Intended Order Of Suspension: In addition, the Public Works Director, in the event of violation of this Chapter, may serve the discharger with a notice of an intended http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 20 of 24 order of suspension, stating the reasons therefor, the opportunity for a hearing with respect thereto, and the proposed effective date of the intended order. E. Request For Hearing; Council Determination: Any discharger suspended or served with a notice of an intended order of suspension may file with the City Clerk a request for a City Council hearing with respect thereto. Filing of such a request shall not stay a suspension. In the event of a suspension of a permit due to imminent hazard related to continued discharge, the discharger may request a hearing, and the City Council or a hearing examiner designated by the City Council for that purpose shall conduct a hearing within three (3) days of receipt of the request. In the event of hearing requests, for other than an imminent hazard suspension, the City Council shall hold a hearing on the suspension within fourteen (14) days of receipt of the request. At the close of the hearing, the City Council shall make its determination whether to terminate, or conditionally terminate the suspension imposed by the Public Works Director, or the City Council may cause the permit to be revoked. Except in the case of a hearing within three (3) days being required as above provided, reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Section 12 -6 -5 of this Chapter. F. Stay Of Order Pending Council Determination: In the event that the City Council fails to meet within the time set forth above or fails to make a determination within seventy two (72) hours after the close of the hearing, the order of suspension shall be stayed until a City Council determination is made with respect to the action of the Public Works Director. G. Reinstatement Of Permit Upon Compliance: The Public Works Director shall reinstate the industrial wastewater permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the Public Works Director to initiate the suspension; provided, that the Public Works Director is satisfied that all discharge requirements of this Chapter, City Council rules and regulations, and any City Council order will be implemented. (Ord. 1093, 1 -20 -1987) 12 -6 -2: REVOCATION OF INDUSTRIAL WASTEWATER PERMIT: The City Council may revoke an industrial wastewater permit upon finding that the discharger has violated any provision of this Title or the Council rules and regulations. No revocation shall be ordered until a notice and hearing on the question has been held by the Council as provided in Sections 12- 6- 4_and_1.2- 6 -5_of this Chapter. (Ord. 1093, 1 -20 -1987) 12 -6 -3: ADDITIONAL EMERGENCY REMEDIAL MEASURES: The Public Works Director shall have full power and authority to take any necessary precautions including, but not limited to, decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the sewer system; or which places the City in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another government agency shall have immediate access to the premises. The Public Works Director may prohibit approach to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 21 of 24 property in the vicinity thereof. (Ord. 1093, 1 -20 -1987) 12 -6 -4: CITY COUNCIL HEARING; HEARING EXAMINERS: A. Conduct Of Hearings By Council Or Examiner: With respect to permit revocation or suspension hearings, the City Council may conduct the hearing or may appoint one or more examiners or designate one or more of its members to serve as hearing examiners and to conduct a hearing with respect to any appeal or protest filed. At such hearing the discharger may appear personally or through counsel, cross - examine witnesses and present evidence in the discharger's behalf. B. Examiners Report To Council; Notice Of Council Action: 1. The hearing examiner or examiners, if other than the City Council, shall submit a written report and recommendations to the City Council together with a brief summary of the evidence considered and conclusions reached with respect thereto. 2. The City Council, after considering evidence presented at such a hearing, and any report submitted to it with respect to such a hearing, or after any hearing which it conducts, shall adopt findings supported by the evidence, and may adopt, reject, or modify the report in whole or in part, make its decision, and issue its order. 3. If the City Council's order is to revoke the discharger's industrial wastewater permit, the order may be effective forthwith, or at a later specified date. 4. The discharger shall be notified in writing of the City Council's action. C. Cease Discharging Upon Permit Revocation: Any discharger whose industrial wastewater permit has been revoked shall immediately cease and desist all discharge of any wastewater covered by the permit. The Public Works Director may disconnect or permanently block the discharger's connection if such action is necessary to ensure compliance with the order of revocation. D. New Application: After revocation of a discharger's industrial waste permit, there shall be no further discharge of industrial wastewater by that discharger into the sewer system, the storm drain system, or the waters of the State unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and /or the applicant to the City have been paid to the City, and a new industrial wastewater permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the permit and disconnecting the connection if necessary, shall also be paid for by the discharger before issuance of a new industrial wastewater permit. (Ord. 1093, 1 -20 -1987) 12 -6 -5: NOTICE OF HEARING: A. Mailing Or Posting Of Notice: Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of hearing. Unless otherwise provided herein, any notice required to be given by the Public Works Director under this Title shall be in writing and i61 http:// www. sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 22 of 24 served in person or by registered or certified mail addressed to the addressee's last known address with request for return receipt. Where no address is known, service may be made upon the owner of record of the property upon which the alleged violation occurred or by posting the notice conspicuously on the property. B. Depositing In Mail: Notice shall be deemed to have been given at the time the written notice is deposited, postage prepaid, in the United States mail at El Segundo, California. (Ord. 1093, 1 -20 -1987) 12 -6 -6: ADDITIONAL LEGAL REMEDIES; ATTEMPT: Any person who attempts to commit an act which is in violation of this Chapter shall be guilty of a misdemeanor punishable as provided in Section 1 -2 -1 of this Code. (Ord. 1093, 1 -20 -1987; amd. 2000 Code) 12 -6 -7: CONFLICTING PROVISIONS: Provisions of this Title shall prevail over any other inconsistent or conflicting provisions of this Chapter. (Ord. 1093, 1 -20 -1987) CHAPTER 7 SEWER USE FEE 12 -7 -1: PURPOSE: The purpose of this Chapter is to provide funds for the operation and maintenance of the City sewer system by imposing a City sewer use fee upon the users of these facilities. This charge is to be reviewed at least bi- annually. (Ord. 1093, 1 -20 -1987) 12 -7 -2: IMPOSITION OF SEWER USE FEE: Every person discharging sewage, effluent, industrial waste, or other waste matter into a public sewer shall pay a sewer use fee to the City. This fee shall be in addition to any other fee imposed by this Title. (Ord. 1093, 1 -20 -1987) 12 -7 -3: DETERMINATION OF FEE: The sewer use fee shall be computed and determined on the basis of water supplied to the premises and shall be fixed and established from time to time by the City Council by resolution. (Ord. 1093, 1 -20 -1987) 12 -7 -4: COLLECTION OF FEE BY UTILITY BILL: The fees imposed by this Chapter shall be collected by adding the same to the water bills rendered by the Director of Finance of the City. The period covered by each billing shall be the same period for which the water bill is rendered and shall be paid at the same time and in the same manner as the water bill. (Ord. 1093, 1 -20 -1987) 16.17 -1 sterlingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 Page 23 of 24 12 -7 -5: DELINQUENCIES: Bills for sewer use fee set forth on water bills shall be delinquent if not paid when the water bill is due; otherwise, within fifteen (15) days from the date the bill is delivered or mailed. (Ord. 1093, 1 -20 -1987) 12 -7 -6: JOINT OCCUPANCY: When there is more than one dwelling unit, business, industry, or other use on any premises served by a single water meter, the sewer use fee will be billed to the water user. In those instances where the water user fails to pay such sewer use fee, the owner shall be liable to the City for payment thereof. (Ord. 1093, 1 -20 -1987) 12 -7 -7: DISCONTINUANCE OF SERVICE: In case of delinquency in payment of the sewer use fee, the sewer lateral shall be plugged. The lessor or the owner shall be responsible for payment of all fees incurred in plugging or unplugging of the sewer lateral in addition to the delinquent charges. (Ord. 1093, 1 -20 -1987) 12 -7 -8: APPLICATION FOR EXEMPTION: A. Water Supply Not Discharged To City Sewer: Where no portion of the water supplied to any premises enters a public sewer of the City, no fee shall accrue under this Chapter if an application for exemption is filed with the Public Works Director and he finds that there is no discharge of any sewage, effluent, industrial waste or other waste matter from such premises into a public sewer of the City. B. Low Income Residential Discount: Low income residential users meeting the adjusted gross annual income criteria included in the current City water rate resolution shall receive a discount equal to fifty percent (50 %) of the monthly charges for sewer use. (Ord. 1237, 4 -4- 1995) 12 -7 -9: APPLICATION FOR ADJUSTMENT OF FEE: A. Determination Of Reasonable Fee: In any case where it is believed that a sewer use fee imposed by this Chapter is excessive, the person responsible for paying such fee may apply to the Public Works Director for an adjustment. The applicant shall, by affidavit and supporting testimony, show that the fee is discriminatory, unreasonable or unfair. The fee shall be deemed to be nondiscriminatory, reasonable and fair if the following percentage of water supplied to the premises on an annual basis enters a public sewer: Use Of Premises Percentage Residential 40 or more Commercial 60 or more Industrial 60 or more Other 40 or more Measured discharge 100 16" http://www.sterlingcodifiers.com/CA/EI%2OSegundo/docbar.htm 1/8/2009 Page 24 of 24 B. Investigation; Findings: The Public Works Director shall conduct an investigation and make findings of fact from which he shall determine whether the fee is fair and reasonable. If he determines that the fee is excessive, he shall adjust the fee so that it is fair, reasonable and nondiscriminatory. If the fee has already been paid, he shall order a refund of the excess paid during the twelve (12) months or any portion thereof immediately preceding the date of application for adjustment. Fees which are delinquent for more than ninety (90) days shall not be subject to adjustment. (Ord. 1093, 1 -20 -1987) 12 -7 -10: DEBT; PENALTY FOR NONPAYMENT: The sewer use fee imposed by this Chapter shall constitute a debt owed to the City and, in the event suit is brought to recover such fee, shall be subject to a delinquent penalty of twenty five percent (25 %). (Ord. 1093, 1 -20 -1987) 16.1 http:// www. stertingcodifiers .com /CA /El %2OSegundo /docbar.htm 1/8/2009 & RESOLUTION NO. 344/.0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLIS14ING RULES AND REGULATIONS FOR SEWAGE AND INDUSTRIAL WASTE PURSUANT TO TITLE 7 OF THE EL SEGUNDO MUNICIPAL CODE. WHEREAS, it is necessary due to current regional, state and federal regulations, to adopt and establish rules and regu- lations for the administration and enforcement of the provisions of Title 7 of the E1 Segundo Municipal Code; and WHEREAS, the Director of Public Works pursuant to Title 7 of the E1 Segundo Municipal Code has prescribed and recommended for adoption by the City Council, certain rules and regulations which the Director of Public Works deems necessary for the administration and enforcement of the provisions of Title 7 of NOW THEREFORE, RE IT RESOLVrO 13Y THE CITY COUNCIL OF THE CITY OF EL SR(IIINDO, CALIFORNIA, that the_ following rules and regulations are hereby adopted and established for the admini- stration and enforcement of the provisions of Title 7 of the T-1 Ser3undo Municipal Code; SECTION 1. TJFBLE OF CLASSIFICATIONS. ro identify the classification of the industrial waste disch.)rrlc and enforcement of quality surcharge provisions contained in Sectie)ns 7.2U.12U and 7.20.130, respectively, of the El Segnndr) Municipal Code, the following table will be used. This table is 5ased upon the characteristics of the waste, receiving system, and on the degree of treatment required. For industries havin•I mUltiplr_ processes, the highest classification will apply. 1'h is table shall also he used as a guide for determining the r_lansiEication of other industries and commercial operations not. listed. The minimum number of annual surveillance inspections shall be equal to the permit classification number. TABLE 1 -2- ��)rj Classification Mean Mean Permit No. SS 130D Industry or Required 1 2 3 4 5 12 mg /1 mg /l Sic IC Waste Process 3585 001 Air Cond. & Refrig. Yes x Equip. Mfg. (2b) x 331 1383 3721,24,28 002 Aircraft Mfg. Serv. Yes & Maint. 0742 003 Sm. Animal Hospital Yes x & Kennels (3) See Individual Process 6513 004 Apartments for Permit Requirement 2851 005 Asphalt & Asphalt Yes 487 117 Prod. Mfg. x 1164 1262 3711,7538 006 Auto Mfg. Serv. Yes Maint. x 293 252 7542 007 Auto Laundry Yes x 2538 3021 2051,52 008 Bakeries Yes Sec Individual Process 5512 009 Banks for Permit Requir ^_meat 7241 010 Barber. Shops No 5813 Oil Bars Mfg. F. No Yes x 3f,91,92 012 Batteries Serv. 7231 013 Beauty Salons No x 130 541 2086,87 014 neverage Mfg. Yes Yes x 3861 015 Blueprinting Equip. Supplies 3.133,3443 016 Boiler Mfci. & Serv. x YeS t 1134 1310 2891 017 Bondinq Fttls. Yes x 2082 018 Breweries Yes � 1164 1202 3713,7538 019 Bus. Mfg. Repair, Yes 020 Serv. Private Buildings See iRequiro' 6512 for. Pern l t nest 021 Public Buildings See individual Process 6512 for Permit Requirement Yes x 2538 3021 2065,66,67 022 Candy Mfg. & Confectioners 617 153 '2271,72,79 023 Carpet & Ruq Yes x Cleaning & Dyein'l x •129 1122 5812 024 Caterers Yes x 497 Ili 3251,53,55 025 Ceramic & Clay Prod. Yes Mfg. x 599 291 2812,16 026 Chemical r•3fg. & Yes Packaging 8661 027 Churches No Yes x 7216 028 Cleaners & Dyers x 2813 029 ComP. Cases - Mfg., Yes 11andIinq x 487 11' 3271 -75 030 Concrete Products Ye s Mfg. 0000 031 Cooling Water Yes x (Single Pass) x 2449 032 Cooperage Yes See Ierini iRe Process 8059 033 Convalescent Homes for Permit Requirement x 443 153 2841,44 034 Cosmetic Mfg. Yes x 323 1511 0241 035 Dairies, Dairy Barns, Stables x 373 151' 2021,24,26 036 Dairy PrOdUCtS Mfg. Yes x 2085 037 Distilleries Yes x 294 86 2735,54 038 Etchers & Engravers Yes Film Processing: 7395 039 Studio Yes x x 7395,7819 040 Laboratory Yes -2- ��)rj 1 r TABLE 1 (Continued) -3_ (` Classification Mean Mean Permit No. SS BOD Industry or -f-72 3 4 S 12 mg/ 1 mg /1 SIC IC Waste Process Required 041 Filter Cleaning Yes x 1164 1262 0000 Food Processing: x 2327 3716 2033 042 Citrus Yes x 1453 2213 2017 043 Egg Yes x 1453 2213 2091 044 Fish Yes x 1453 2213 2032 045 Fruit Fru Yes x 740 1155 2011 046 Meat Yes x 1453 2213 2033 047 Olives Yes x 1453 2213 2035 048 Pickles Yes x 740 1155 2016,17 049 Poultry Yes x 1453 2213 2099 050 Tortila & Tamale, Yes Mfg. x 1453 2213 2032,35 051 vegetable Yes x 487 117 3321,22 052 Foundries x 757 318 3915 053 Grinding (Minerals) YeS x 2033,2092 054 Grinding & Disposal Yes 5141,5411 (Market Waste, Food 8062,63,69 Plant Waste, Hospital Waste) x ?? 055 heliport YeS S, ee Individual Process 8062,63 056 Hospitals for Permit Requir ^rnvnt See Individual Process 7011 057 110tols for Permit Requir -�menY 599 298 2879 058 Insecticide Mfg. Yes x 7631 059 Jewelry - Repair & Yes CIPaning Laboratories: 11.1 30C 7391 OGO Analytical ros x 8071 061 Oolodical i Yes x 3 -73 74 9072 062 Dental Yes K 151 33q 8071 063 Medical Yes v. 101 25� 3071 064 Pharmaceutical YeS 1889 13( 7391 065 Soil & Foundation Yes x x 8071 066 X- Ray Ye s; Y" S 3 12 3 ( 067 Rub Latex & lar. Product's K 715 068 Laundries - Self Yes Ser.v. (2c) 368 55( 7213 069 Laundries - Linen & Yes General x 660 57( 7218 070 Laundries - Towel & Yes uniform ,c 0000 071 Liquid Waste DiSPosal x 2491 072 t.umher. Treating Yes Markets (Fish, Meat, Food, etc.): 5411 073 Retail Yes Yes x x 5141,49 074 Wholesale YeS x 331,3443 075 Metal Fabrication 348 3471,79 07G (Weld) Metal Finishing & Yes x Plating 3398 077 Metal Treating Yns x 757 31 3211,21 078 Mirror bifg, & Glass Yes Treatment See Individual Fracess 7251 079 Mortuaries for Permit Requirement See Individual Process 7011 080 Motels for Permit Requirement -3_ (` TABLE 1 (Continued) SIC IC Classification Industry or Permit No. Waste Process Required 1 2 3 4 5 12 Mean SS mg /l Mew BOD mg /: 8011 081 Medical - Dental Office See Individual Process for Permit Requirement 8351 082 Nurseries Yes x 1311,5171 083 Oil Producers Yes x 2911 084 Oil Refineries Yes x Oils: 2992 085 Mfg. & Packaging Yes x 2911 086 Fuel & Heating Yes x 2992 087 Lubricating Yes x 2911 088 Mineral Yes x 1453 221: 2079 089 Olive Yes x 2911 090 Reclaimed Yl' -s x 2992 091 Re- Refined yes x 1313 221: 2076 092 vegetable yos 493 67( 2621 093 Paper Mfq, Yes x x 1134 131( 2851 094 Paint Mfq. Yes 1134 131( 2851 095 Paint Remover, Mfg. y s x 0000 096 Serv. Paint Spray Booths Ye, x 1134 493 131( G7( 2641 097 Paper Products Mfq. Yes 2831 098 Pharmaceutical Prof. Yes Mfg . 3652 099 Phonograph Record Yes x 14fg . Yes x 394 86' 2753 100 Photo Engraving & rtchinq 3A94 101 Pipe Cuttinrl & Yes Y Tlt read i nrl 3079 102 Plastics Yes x Printinq: 1134 131( 2751 103 Glass- (•1etAI- Plastic ties e 1134 131( 7333 104 Silkscreen Yes x 1134 1311 2751,52 105 'rextile. Yes x 2751,2791 106 Type- sottinq Yes x x 1164 12 h : 3743 107 Railroad Equip. Re- Yes pair. c Mfg. 129 112: `5812 108 Restaurants Y" 2077 109 Rendering Plants Yes x 3059 110 sanitariums See individual Process for Prrrmit Requirement (3211,49 111 Schools . _ In,lividual Process for Permi t. Requirement. 5541 112 Service Stations Yes x 1176 1164 195: 126: 3731 113 Shipbuildinrl & Repair Yvs x 1164 126: 4463,60 114 Ship Cleaningl & Yes x Washing Steam Cleaning: 1164 126' 7538 115 Auto Yes x 1164 126 0000 116 Commercial Yes x 1164 126 0000 117 Industrial Yes x 7399,7999 118 Swimming Pools - Public Y"s x 1164 126 4742 119 Tank Car Cleaning Yes x 3111 120 Tanning YeS x x 119 71' 2211 121 Textiles Yes See Individual Process 7832 122 Theaters for Permit Requirement 3011,7534 123 Tire MEcI. & Serv. Yes x 312 81 -4- �) 8 TABLE 1 (Continued) Industry or SIC IC Waste Process 3713 124 Truck & Trailer Mfg. 7538 125 Truck Repair & Serv. 7542 126 Truck Washing & x 1164 Steam Cleaning 2842 127 Wax Mfg. 7399 128 Water Treating & Serv. Equip. 2084 129 Wineries Yes x 199 Storm Drain or other Than Sewer Discharge 200 County Sewer /Exempt from Surcharge Fees 201 City Sewer from County Location Classification Mean Mear Permit No. SS BOD Required 1 2 3 4 5 12 mg /l mg /l Yes x 1164 126; Yes x 1164 126: Yes x 1164 126; Yes x 272 12; Yes x Yes x Yes x Yes See Individual Process for Permit Requirement See Individual Process for Permit Requirement NOTES: 1. An Industrial Uaste Permit is required for any di- to other than the sanitary sewer -,ystein. 2. An Industrial Waste Permit is not re(juir ^d f,)r the following dis- charge to the sanitary sewer system: (a) Restaurants with seating capacity less than 1i0. (h) lilecd off or hlowdown from coolinq to4crs, evaporation conclensors nr. other recirculating w,ator rlevicr�S with rated capacity of 25 tons or less. (c) Self:- service laundries with washin'l machines of 20 pr�unds maximum capacity, with further allowancr' that in,lividual self.- service laundries may have a maximum of two machines with maximum of 50 pound capacity. (d) Discharges from estahlishments wherein the in ~iustrial discharge is less than 200 9J)d and hrr! treatment is not required. 3. An Industrial Waste Permit is required for ,mall animal hn,pitals and kennels. -5- SECTION 2. DISCHARGE LIMITATIONS: A. All dischargers shall meet the following effluent limits relative to physical and chemical characteristics established pursuant to Section 7.24.020 of the E1 Segundo Municipal Code. However, the Director of Public Works may establish individual requirements on wastewater characteristics for each discharge after an evaluation of the proposed discharge.* VALUE CONSTITUENT UNITS EXISTING SOURCES MAXIMUM Arsenic mq /1 3 Cadmium mq /L 15 Chromium -total mg /l 10 Copper mq /1 15 Lead mq/ L 5 tic r.cury mq /L Essentially vono Nickel mq 11 12 f 'Line mrJ; 1 2 -, Silver nit 1/ 5 Cyani(je -Total Cyanide - Free 1 Oil and Greas -Total Di ,per.sod mq %1 6 t)11 FIoatihla mrt;'1 JOnp� vi ^ihL" Pheno l Chlor. inat, <d itydro(-- ar,t.)ns Sc lon i urn Dis olvo'J Sulf ide , pit Raru)es 5. i -11 Temper.aturres 110 °F * Required as part of Et tiequnrirt'r; cnntrrc i.vnL ()bli, ion to the City Of r.os Ancwlu-s. ** Values for Phenol and felt >nium and trh r c)nstit'r4nt. , n �t shown, Such AS FluOr-irlet, RorOn, A1oi:ni:vr11, Tr.on, Tin, Cohalt, etc., have not been estahli >had (or qon -rrtl application. They are not critical constituents It thir, time for exi:;tinq sources. The Board of Public Work—, of the City of LO Angeles will impose such limits as it may find necessary to insure compliance with treatment plant discharge limits a ml more restrictive- pretreatment stanrlarels for NEW Sources prescribed by the Environmental Protection Agency (EPA). The above limitations shall not apply where more restrictive limitations are imposed by permit or National Categorical Pretreatment Standards. B. In addition to the concentration limits for heavy metals .-Inr1 toxicants in Section 2(A), the discharge shall AIS30 comply with the maximum allowable daily mass omission rata and tha maximum allowable monthly mass omission rates. (1) The daily mass emission rate for each constituent shall be calculated from the total waste flow occurring in each specific day, and the maximum concentration limit. The mass emission rate of the discharge during any 24- hour period shall not exceed the product of the proposed daily average discharge in million gallons per day, maximum concentration limit, and a constant 8.34. (2) The monthly mass emission rate for each constituent shall be calculated from the total waste flow occurring in each specific month, and the average concentration limit or the maximum concentration limit, if average concentration limit is not prescrihed. The mass emis- sion rate of the discharge during any month shall not exceed the product of proposed monthly averavle discharge in million gallons per month, Ivorarje concentration limit, or the maximum concentration limit, if averarlc concentration limit is not pr.escrihed, and a constant 9.34. C. The pH of wastes discharged shall It nll times 1).� within the range of 5.5 to 11. , D. 'rhe temperature of the wastes discharger d 111,111 not. nxr_e.od 140 °F. E. Radioactivity in the effluent shall not rxceed the limits speciEied in Title 17, Chapter 5, Suhr_hahter 4, group 3, Article 5, Section 30287, of the California Administrative Code. F. In addition to those wastes described in Section 7.24.010 of the El Segundo Municipal Code, dischargo of the following wastes into public sewer system is prohibited. (1) Any solids or viscous substances of such size nr in such quantity that may cause obstruction to the flow in the sewer or to he detrimental to pr.opr�r wastowator treat- ment plant operations. -7- 171 These objectiouauiu I I-, but are not limited to, asphalt, dead animal, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, bones, hair, coffee grounds, egg shells, seafood shells, flashings, entrails, paper dishes, paper cups, milk containers, or other similar paper products either whole or ground. (2) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations. (3) Any non - biodegradable cutting oil (:- ::n ::onLY cn11" soluble oil, which form I,er:ist. nt. .;at.cr cmuL; ions• (4) Any wastes •.;i th r xCl,ss i %•e 1y h i rh . "!`, C(!t) or , ?• < c:mt f�- sa?Ae organic corrt< ±nts. (5) Any strongly odorous aasto or .;n:,t_ ;hich can crept^ odors in receiving waters of scworzi,•n_ steel. (G) Any excessive arinunts of ornanic rlr;sphor�u : t} fin compounr ?s. (7) An} nxcessivo nruoullts of !"ionr:•. • i rr.'r, ...... r I'on.i,211- sate or distilled ;ator. (0) Arly ,,ast.^ containinn r;ui,t:t.:u _• : soli-ii Cy nr bec:or1,2 in .> I : :It. to rturos ino °r. (0) Any nst4 pro:lucin� >i.: !i:; 1 �r'rti:;r st - water Or tr, ati:u :,t !,hurt ' (10) Any blow -down or bleed -of`. .;atur it ^n cool.in•r !.owors or other evaporation cooler:, excc!!clirr•i rnre- t!rL:' I o; t?rc makeup water. (11) Any single pass cooling water. (12) Any rainwater, storm water, 7rounl ?.::Iter, e.trcet drain - aqc, surface drainage, roof drainruro, ar l .lr,rrnng, , water from the }'3rd fountain.;, or ln.;n ur :Illy otlrer uncontaminot0d _fl_ SECTION 3. GENERAL u i ;,CtiAP I A. The industrial waste discharger shall pLovide, install and operate a clarifier of 750 gallons capacity, or of a size capable of providing a minimum thirty minute flow detention time at the peak flow rate, whichever is larger, and at a location prior to connection with the public sewer, unless it is waived by the Director of Public works. Approval for the size, type and location of clarifier shall be obtained prior to installation by the Director of Public Works. A. Sanitary wastes from rest rooms, lavatories, drinking fountains, showers, etc., shall be se(Iregated from the process wastewaters, until necessary pretreatment and /or clarification, flow, and quality monitory steps are completed. C. Cleansers utilized in wastes discharged into the public sewer shall be limited to soap, similarly actinrl hioderiradable synthetic detergents, and /or sodium or potassium compounds of phosphates, polyphosphates, silicates, sulfates, rat-honate, bicarbonate, or hydroxide. No organic solvents shall he discharged into the public sewers. , D. A copy of the industrial waste discharge permit shall be maintained at the facilty so as to be available at all tunes to operating personnel. E. Any change in the process or a chancre in volume Of wastes requires submission of a new industrial waste discharge permit application and the issuance of a new permit from tho Director of Public Works before initiation of the proposed change in the waste discharrie. F. In the event of any change in name, ownership, or control of the company, the discharger shall notify the Director of Public Works of such change, and shall notify the succeeding 9- owner or operator of the existence of this permit by letter, copy of which shall be forwarded to the Director of Public Works, at least 30 days prior to such change. G. The top of the pretreatment facilities, clarifier and inspection chamber shall be at least one inch above the ground level when provided in an unroofed area. Provisions shall also be made to divert storm water away from the pretreatment facilities, clarifier and inspection chambers. H. If changes should occur in plumbing layout subsequent to the issuance of an industrial waste permit, the discharger shall submit as built plumbing plans of building showing clearly the origin of wastewater, identifying the process creatinn the wastewater, and listing accurately for each wastewater discharge point the total daily flow in jallons and the peak flow rate in gallons per minute including location and details of pretreatment facilities, clarifier and its connection to the public sewer system. I. The discharger shall notify the Director ()E Public Works, by telephone, immediately prior to start -up Of the di>char.ge, and obtain approval. SECTION 4. STANDARD PROVISIONS: A. Permits issued pursuant to Sections 7.20.010 and 7.24.060 of the E1 Segundo Municipal Code do not authorize the commission of any act causing injury to the property of another, nor protect the discharger from his liabilities under federal, state, or local law, nor guarantee tht, discharger a capacity right in the receiving waters. B. The discharge of any radiological, chemical, or biological warfare agent or radiological waste is prohibited. C. The discharger shall comply with applicable toxic and pre- treatment standards promulgated in accordance with Sections 307 and 308 of the Federal water Pollution Control Act, or amendments thereto. The discharger shall submit periodic -10- 17 4 amendments thereto. The discharger shall submit periodic notices (over intervals not to exceed three months) of pro- gress toward compliance with applicable toxic and pretreat- ment standards developed pursuant to the Federal Water Pollution Control Act, or amendments thereto. D. The discharger shall maintain in good working order and operate as efficiently as possible any facility or control system installed by the discharger to achieve compliance with the permit requirements. E. All wastes which are prohibited from discharging into public sewers, including but not limited to chemical solutions, acids, caustic wastes, solvents, oil and grease, screenings, sludges, and other solids rr_moved fr (-ri liquid wastes, etc., shall be held in impervious containers and disposed of at a legal point of disposal, and in accor.lance with thr_ pro- visions of Division 7.5 of the California Water Code. For the purpose of this requirement, a legal point of disposal is defined as one for which waste discharge requirements have been prescribed by a Regionnl Water Quality control Board, and which is in full compliance therewith. F. The discharger shall submit a quarterly industrial waste hauler's report by the 15th day of the Month £ollowinrl the reporting quarter. If no wastes are iiaulerl during the reporting period, a statement to that effect shall be submitted to the Director of public (.)rF:s. G. If a toxic effluent standard or prohibition (inclu(ling any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Federal Water pollution Control Act, or amendments thereto, for a toxic pollutant which is present in the discharge authorized by the permit, and such standard or prohibition is more stringent than any Limitation upon such pollutant in the -11- 1 (. ) permit, the Director of Public Storks shall revise or modify the permit in accordance with such toxic effluent standard or prohibition, and so notify the discharger. H. In the event the discharger is unable to comply with any of the conditions of industrial waste discharge permit due to: (a) Breakdown of waste treatment equipment; (b) accidents caused by human error or negligence; or (c) other causes such as acts of nature, the discharger shall notify the Director of Public Works, by telephone, as soon as he or his agents have knowledge of the incident, and confirm this notification in writing within two weeks of the telephone notification. 'The written notifica- tion shall include pertinent information explaining reasons for the non- compliance, and shall indicate what steps were taken to correct the problem, and the dates thereof, and what steps are being taken to prevent the problem from recurring. SECTION S. SELF - MONITORING AND REPORTING PROGRAM - A. The Director of Public Works, at his discretion, may require the industrial waste discharge permit holder to implement i self - monitoring and reporting program. 'The nature of sampling and frequency of analysis and ri:portinq will he based on the Size of discharge and type of industrial operation. B. The Director of Public Works, •3t his din,_r.etion, may also require the discharger to install, use and maintain at his expense adequate continous monitoring equipment or methods. C. The discharger shall retain for a minimum period of three years records of monitor.inq activity and results including all original strip charts, calibration, and maintenance records. The period of retention shall be extended during the course of any unresolved administrative enforcement action or litigation regarding the discharge of pollutants by the discharger when requested by the Director of Public Works. -12- 1 '7G representative responsible for the overall operation of the facility from which discharge originates. In the case of a partnership, by the general partner, in case of a sole proprietorship, by the proprietor. E. Each report shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct. "Executed on the day of at Signature -,P Title _ ±_1c nP!`T r�A1 CRC• Every person granted an industrial waste permit under Title 7 of the El ,3equndo Municipal Code shall Pay an annual fee to the City for inspection and control pursuant to the following schedule: Class 1 S 55.00 Class 2 110.00 Class 3 165.00 Class 4 220.00 Class 5 275.00 Class 12 660.00 i These classifications shall be based on the minimum nu:nher of inspections per year which the Director of nu')lic Works deter- mines to be necessary for ,the proper enforcement of Title 7 of the E1 Segundo Municipal Code. SECTION 7. ANNUAL QUALITY SURCHARGE FEE. The City Council hereby establishes the charge for each pound of suspended solids as required by Section 7.20.130 of the E1 Segundo Munici- pal Code at $0.056;'and for each pound of biochemical oxygen demand as required by Section 7.20.130 of slid Code at $0.041. SCCTION g. SEDER CONNECTION FEE. The City Council hereby establishes the sewer connection fee at: Residential - $540 per dwelling unit. Commercial - $1276 per 1000 square feet. -13- 177 178 IN,rtU I IUN I T rr- _ UNDERGROUND TANK FEE Operating Permit Application Fee (New /Renew) Annual Permit Maintenance (Fee combines operating permit and annual permit) Operating Permit Transfer New Construction Plan Clearance Closure Application Complex Site Investigation (new fee) Permit Addendum Voluntary cleanup oversight Secondary Containment Testing Oversight (new fee) INDUSTRIAL WASTE PERMIT N/A $219.00 N/A Permit Application New (Off -site) $570.00 Increase $30.00 for each additional tank Increase $85.00 Decrease $725.00 Increase $275.00 for each additional tank Increase $725.00 Increase $310.00 for each additional tank Increase $1,200.00 New $85.00 Decrease $300.00 Decrease Fee /hour $75.00 Decrease $460.00 base fee New $220.00 for each additional tank New Permit Application New (Sewer) $219.00 No Change Permit Application New (Off -site) $323.00 No Change Permit Application New (On -site) $342.00 No Change Permit Application Revision (Sewer) $143.00 No Change Permit Application Revision (On -site) $206.00 No Change Permit Application Revision (Off -site) $195.00 No Change Plan Review New Sewer (1) $331.00 No Change Plan Review New Sewer (2) $414.00 No Change Plan Review New Sewer (3) $519.00 No Change Plan Review New Sewer (4) $572.00 No Change Plan Review New Sewer (5) $837.00 No Change Plan Review New Sewer (6) $1,074.00 No Change Plan Review New On -site (1) $448.00 No Change Plan Review New On -site (2) $560.00 No Change Plan Review New On -site (3) $715.00 No Change Plan Review New On -site (4) $793.00 No Change Plan Review New On -site (5) $1,168.00 No Change Plan Review New On -site (6) $1,510.00 No Change Plan Review New Off -site (1) $361.00 No Change Plan Review New Off -site (2) $444.00 No Change Plan Review New Off -site (3) $560.00 No Change Plan Review New Off -site (4) $619.00 No Change Plan Review New Off -site (5) $915.00 No Change Plan Review New Off -site (6) $1,174.00 No Change Plan Review Revision Sewer (1) $258.00 No Change Plan Review Revision Sewer (2) $317.00 No Change Plan Review Revision Sewer (3) $400.00 No Change Plan Review Revision Sewer (4) $444.00 No Channe iii INSPECTION TYPE NEW FEE SCHEDULE MODIFICATION N Plan Review Revision Sewer (5) $644.00 No Change Plan Review Revision Sewer (6) $825.00 No Change Plan Review Revision On -site (1) $348.00 No Change Plan Review Revision On -site (2) $431.00 No Change Plan Review Revision On -site (3) $548.00 No Change Plan Review Revision On -site (4) $607.00 No Change Plan Review Revision On -site (5) $902.00 No Change Plan Review Revision On -site (6) $1,162.00 No Change Plan Review Revision Off -site (1) $258.00 No Change Plan Review Revision Off -site (2) $317.00 No Change Plan Review Revision Off -site (3) $400.00 No Change Plan Review Revision Off -site (4) $444.00 No Change Plan Review Revision Off -site (5) $644.00 No Change Plan Review Revision Off -site (6) $825.00 No Change Closure Inspection $114.00 No Change Site Remediation /Hr. $60.00 No Change Off -Hours Inspection /Hr. $98.00 No Change Inspection Special $170.00 No Change Additional Plan Review /Hr. $60.00 No Change Wastewater Sampling $170.00 No Change ANNUAL INSPECTION FEE Class 1 $114.00 No Change Class 2 $227.00 No Change Class 3 $340.00 No Change Class 4 $453.00 No Change Class 5 $681.00 No Change Class 12 $1,359.00 No Change Class X $170.00 No Change HAZARDOUS MATERIALS RESPONSE ACTUAL COST Added from R 3881; Omitted in R 4209 NOTE: ' Category I inspections include all apartments with 5 or more units "On inspection categories I & 11, there will be no charge for first re- inspection; this is an incentive for business to correct all violations by the first re- inspection. Subsequent re- inspections shall be at the fees identified — All hours approximated " * Five Percent (5 %) reduction in hazardous waste permit fees will be reflected for any business that maintains a Source Reduction Assessment Plan and reduces hazardous waste by more than five percent (5 %) 180 iv s;�, � r ,„ �� : h y,: SECTION 1 I 1 PREFACE SECTION 2 2 2 CITY OF EL SEGUNDO SEWER SYSTEM RESOURCES 2.1 HOW A TYPICAL SEWER COLLECTION SYSTEM WORKS 2 2.2 EL SEGUNDO'S SEWER COLLECTION SYSTEM 3 2.3 EQUIPMENT OVERVIEW 4 SECTION 3 12 12 SEWER SYSTEM MAPPING 3.1 SEWER ATLAS 12 SECTION 4 12 12 PREVENTATIVE MAINTENANCE 4.1 SEWER SYSTEM CLEANING 12 13 4.2 LIFT STATION MAINTENANCE 13 4.3 SYSTEM MONITORING SECTION 5 14 14 REHABILITATION AND REPLACEMENT SECTION 6 15 TRAINING 15 SECTION 7 16 CONTINGENCY EQUIPMENT AND REPLACEMENT INVENTORIES 16 Attachments Attachment A — Accelerated Line Maintenance Locations Attachment B — Bypass Procedures 182 { i Sewer System Operation & Maintenance Program Section 1 Preface The City of El Segundo's Sewer System Operation & Maintenance Program ( SSOMP) is just one part of the complete Sewer System Management Plan (SSMP) designed by the City. The SSOMP was developed, in part, to serve as a reference or guide to City staff with the purpose of increasing efficiency, consistency, and overall effectiveness of the Wastewater programs. The City's Wastewater Division recognizes that the items being addressed in the SSOMP serve as a general description of what the City's sewer operations are and how they are performed. It includes not only a description of the program but also an overview of preventive and corrective maintenance activities and the equipment involved in those processes. City of El Segundo 1 Sewer System Operation and Maintenance Program Manual May 2009 p �OJ Sewer System Operation & Maintenance Program Section 2 City of El Segundo Sewer System Resources 2.1 How a Typical Sewer Collection System Works All communities generate wastes in solid, liquid, and gaseous forms. Liquid waste, known as wastewater, is water after it has been used for a variety of applications from industrial uses to washing dishes to flushing the toilet. Wastewater includes both the liquid and water - carried solids that are generated by the community. The community's sewer collection system has been put in place to transfer wastewater from homes, businesses, and institutions to a wastewater treatment facility. Wastewater is collected from private property through a private sewer lateral that discharges into a public sewer main (typically located in the middle of the street). Sewer mains branch out throughout the community collecting wastewater from all the private laterals. The sewer mains transfer wastewater to larger regional trunk line sewers that then transfer all wastes to a wastewater treatment plant. The wastewater treatment plant removes wastes from the water and releases clean water to rivers, lakes and the ocean. BUSINESS 4 .R�1� X4AW® RESIDENCE r Private aosnoul , Servicts �> r ,�s� , ,a ■ ■ Laterals x.7 z s r +xea , P Local Main Sewer Lime Regional Trunk tins wastewater Sewer Treatment Plant Figure 1. Typical sewer collection system. City of El Segundo 2 Sewer System Operation and Maintenance Program Manual May 2009 i 8 `t i i F Sewer System Operation & Maintenance Program It is important to note that unlike pressurized drinking water distribution systems, wastewater collection systems are almost entirely gravity driven, operating on the principal that water flows downhill. The sewer system is designed to go "downhill" until it reaches a treatment plant. The "downhill" design is not always possible due to terrain or other infrastructure obstacles. From time to time wastewater must be sent "uphill ". This is done using wastewater pump and holding tank systems known as lift stations. The lift station will pump wastewater "uphill" until it reaches a point high enough in elevation where it can then be allowed to flow downhill toward the treatment plant. When possible the use of lift stations in a system is avoided because they require extensive routine maintenance and can cause sewage spills if they malfunction. 2.2 El Segundo's Sewer Collection System The City of El Segundo operates a sewer collection system totaling 56 miles of sewer main, 763 access structures, 9 sewer lift stations, 18 pumps and 1 siphon. The majority of the City's sewer mains range from 8 " -12" in diameter. The sewer mains west of Sepulveda Boulevard feed the area's wastewater to the larger Hyperion trunk lines, which convey the wastewater to the Hyperion Wastewater Treatment Plant, in Los Angeles. The City contracts with the Hyperion treatment plant for treatment of this wastewater. The sewer mains east of Sepulveda Boulevard convey wastewater to Los Angeles County Sanitation district trunk lines for treatment at the County Sanitation District's Carson Treatment Plant. The City generally cleans sewer mains, 12 inch diameter or less, once a year and inspects on an as- needed basis using closed circuit inspection (CCTV). Sewer mains larger than 12 inches in diameter are cleaned on an as- needed basis. New sewer main construction and sewer main repairs are performed as needed and when resources are available. Sewer lift stations are maintained routinely to prevent malfunctions. The full preventative maintenance and corrective maintenance (repairs) programs are discussed in detail in further sections. The Chevron Refinery and El Segundo Power, LLC are two significant dischargers to the City's wastewater collection system. These facilities have been issued separate NPDES wastewater permits by the Regional Water Quality Control Board. City of El Segundo 3 Sewer System Operation and Maintenance Program Manual a May 2009 p J E 2.3 Equipment Overview 2.3.1 Vacuum Truck The City owns 1 Vacon Truck which is a combination hydro - jet /vacuum truck used primarily for sewer main cleaning. A Vacon Truck is shown in the photo to the right. The 4 major components of a Vacon truck are its water tank, high pressure hose, vacuum pump, and wastewater tank. The Vacon truck is operated by a two Sewer ation & Maintenance Pro man crew whose job is to pressure Figure 2. Example of a Vacon truck. wash (clean or hydrojet) and vacuum sewer mains. The pressure hose can be equipped with a variety of nozzles to perform distinct functions such as root cutting or grease removal. Figures 3 and 4 below are examples of the line cleaning function. Sewer main cleaning consists of hydro - jetting sewer mains to dislodge accumulated debris from pipe walls and flush all waste and debris in the pipe. This process may include inserting a vacuum hose into the downstream manhole to collect debris and waste, to prevent blockages further downstream In the event of a sanitary sewer overflow (SSO), the Vacon truck is utilized to both clear the sewer blockage (if any) and vacuum up sewage that overflowed into the street or storm drain system. El Segundo has developed a Sewer Overflow Emergency Response Plan. This document states, in detail, the steps and procedures to undertake in the event of an SSO. Figure 3. Jetting an exposed pipe. Figure 4. Jetting a sewer main. City of El Segundo 4 Sewer System Operation and Maintenance Program Manual May 2009 ..SOU i f Sewer System Operation & Maintenance Program ,_... Section 3 Sewer System Mapping 3.1 Sewer Atlas The City has developed a Geographic Information System (GIS) geodatabase of the sewer system and stormwater conveyance system. Figure 5 is a map representation of the sewer system GIS. The City's Information Systems Division can provide maps of the sewer or stormwater conveyance systems at various scales and with different configurations of asset data. The geodatabase contains digitized data of all sewer system features and is used by the Wastewater division to assist line maintenance and cleaning. The City's GIS is updated as changes are made to the sewer system. The City's sewer GIS has locations of sewer mains, county trunk lines, manholes, drainage areas, and pump stations. The sewer mains have asset data associated with them such as diameter, length, material, slope, upstream and down stream manholes, install year, flow direction, and pipe line assessment code. Sewer manholes have asset data associated with them such as invert elevation, rim elevation, install date, and associated as -built plan. Pressure or force mains are also identified in the GIS. The Information Systems Division is in the process of developing a web -based application that will allow authorized users to access the City's GIS over the internet. This web -based application will have many tools such as hyperlinked sewer asset features that will open associated as -built plans when they are selected. City sewer maintenance staff members recognize the link between a sewer spill and the potential contamination in a storm drain system. The City educates its staff to understand the storm drain network and to capture a spill before it enters the storm drain system. To assist the City in keeping the state's waterways free of sanitary sewer runoff, stormwater conveyance facilities have been included in the City's GIS. The relationship between the sewer and the stormwater systems is easily recognized when the two systems are mapped. City of El Segundo 12 Sewer System Operation and Maintenance Program Manual May 2009 187 r E en 0 c: v c v c C O j a e tr c aye I � ®trs -. sys I 9 � ItrG� eN��ky "'y { J Q oa s 0 a E . W� v, m "u 1W T W Vl M O F�1 ci 1r _W O Ti G i j i &.F ! '° � 4= trn {eG k`� e•,GZ ?,GS `,i'i - °rGZ ._z G�GJF #i =v� "".-tr ja'sy, C c O a U C � I � ®trs -. sys I 9 � ItrG� eN��ky "'y { J Q oa s 0 a E . W� v, m "u 1W T W Vl M O F�1 ci 1r _W O Ti G i m j C O a U C � N cc E N � J c Q rn U i `m �' °— C •U N C 'ftl 'c6 0 ti W V V td 65 N L N 'C C '� O C N o o. CL a3i o C c � c 0 � d Q a cn a w N i. rn �? r �_I W N o U N � m ISewer System Operation & Maintenance Program Section 4 Preventative Maintenance 4.1 Sewer System Cleaning 4.1.1 Overview The City of El Segundo manages a gravity sewer system of over 56 miles in length made up of manhole structures and their connecting pipeline segments. The system also contains nine sewage lift stations. Sewer laterals that drain each privately owned parcel or property are owned and maintained by the property owners. The City offers lateral cleaning service to property owners when their laterals are impacted by City trees. City staff performs planned maintenance tasks at scheduled frequencies. Maintenance frequencies are established based on field observations and historical data to minimize risk of blockages, or equipment failure, which could possibly lead to SSOs. 4.1.2 Sewer Line Cleaning Experience has shown that smaller diameter gravity sewers (from 8" to 12 ") are more prone to blockages than large diameter sewers. A 12 -month schedule for production cleaning of small diameter sewers has historically been the centerpiece of the City's sewer maintenance program. Effective cleaning methods utilize combination cleaning with a Vacon truck capable of hydraulically washing the pipe walls, with the capability to capture or vacuum debris at the downstream manhole. The vacuum truck is manned by full time City staff to implement this program. Accelerated line maintenance frequency locations are placed on an "Accelerated Line Maintenance" list and entered into Microsoft Outlook for tracking and notifications. Cleaning is performed at pre- determined intervals (every six months or less) depending on field observations and historical data. Accelerated Line Maintenance areas include a siphon and line segments that have a history of blockage or diminished flow due to issues such as grease and roots. General Sewer Mainline Cleaning Process: 1. Access the downstream manhole of the sewer main to be cleaned 2. Insert the pressure hose into the mainline with the appropriate nozzle /head attached. A variety of nozzles are available to perform specific activities such as root cutting or grease removal. 3. Insert a screen trap to capture debris and waste to prevent blockages in downstream pipelines. 4. Begin mainline pressure washing, adjust the pressure as needed for effective cleaning (high pressures should not be used in shallow sewer mains as this may cause backsplash). City of El Segundo 12 Sewer System Operation and Maintenance Program Manual Y May 2009 18 i 4 S Sewer & Maintenance 5. In some cases, as the mainline is being jetted, the Vacon truck's vacuum is used to collect waste and debris. 6. Record the activity performed as well as any pertinent observations (roots, grease etc.) 4.2 Lift Station Maintenance The City has nine sewer lift stations. These stations are maintained, in part, by the City's Wastewater Staff 2 -4 times a year for mechanical preventative maintenance. An outside contractor is also utilized two times a year for additional preventative maintenance activities. 4.3 System Monitoring The City has implemented the use of a Supervisory Control and Data Acquisition ( SCADA) system to monitor and control key lift station functions. The SCADA system is configured to issue warning and alarm messages to the Maintenance Supervisor and Maintenance staff, allowing preemptive or corrective measures to be applied prior to an overflow or catastrophic system failure. The City has also installed water level monitors (SmartCovers) in wet wells and key sewer system mains throughout the service area. The SmartCover data is available and monitored through a third party web -based application that is configured to issue warning or alarm messages to the Maintenance Supervisor Maintenance staff. The water level data provided through this system enables Maintenance staff to identify and address potential problems before they develop into an overflow or spill. City of El Segundo 13 Sewer System Operation and Maintenance Program Manual '10 � May 2009 i J Q E Sewer System Operation & Maintenance Program Section 5 Rehabilitation and Replacement CCTV inspection of the entire collection system was conducted by the City in 2000. Significant defects identified were repaired or included in the Capital Improvement Plan (CIP) for repairs /replacement prioritization. During routine system maintenance and /or emergency response activities, City staff identify problem areas and when warranted, will conduct CCTV inspection. Significant defects are reviewed and prioritized for repairs /replacement based on pipe condition ranking and flow deficiencies, pursuant to the Sewer Master Plan. Through the current rehabilitation and replacement program, El Segundo has identified projects that are not immediately required, but have been budgeted for. Replacement equipment operations are included in the CIP and funding is generated through the Enterprise Fund and sewer fees. The CIP also includes costs associated with planning design, construction, and construction inspection. Additionally, the October 2009 /September 2010 Capital Improvement Plan includes a provision to CCTV the entire collection system. Significant defects identified will be repaired or added to the CIP plan for repairs /replacement prioritization. City of El Segundo 14 Sewer System Operation and Maintenance Program Manual qu May 2009 i9i I Sewer System Operation & Maintenance Program Section 6 Training The City of El Segundo has a history of hiring and retaining dedicated Staff at all levels and is aware of the significance of ensuring that the staff is qualified and properly trained. Currently and on a regular basis, City Staff participate in documented technical training and on- the -job training programs. In addition, Staff are required to obtain a minimum, Grade 1 CWEA certification. This certification is required to be maintained through on -going contact hour opportunities. Staff are also encouraged to attend applicable vendor demonstrations. The City has also established safety training requirements. A list of training programs and required certifications are provided in Appendix A. City of El Segundo 15 Sewer System Operation and Maintenance Program Manual May 2009 �nti 4 { 4 Sewer System operation & Maintenance Program Section 7 Contingency Equipment and Replacement Inventories The City has identified locations throughout its service area that are critical to maintaining uninterrupted service. These locations have been included in an extensive bypass procedure plan developed by the City. With the bypass procedures and necessary equipment, each of these locations could be bypassed in case of emergency or equipment failure, to maintain service integrity. The bypass procedures are included in Appendix A The City has taken measures to identify which spare parts are critical for maintaining uninterrupted service and stores these parts at a central location. El Segundo also maintains spare parts that are necessary for maintenance vehicles and equipment. For parts that are not maintained in the spare parts inventory, El Segundo has arrangements with readily available suppliers. As a precaution and a means to ensure uninterrupted service, the City has back -up power generation for lift stations. City of El Segundo 16 Sewer System Operation and Maintenance Program Manual 40 May 2009 1 f1 3 194 ATTACHMENT A List of Accelerated Line Maintenance Locations City of El Segundo FOG Control Program Manual May 2009 i 9 j WN 1 -, nfi„n CleaninaFrea MHFrm MHTo Cause ALM -1 Franklin Standard Bi- monthly 7 -132 7 -133 Grease Franklin Standard 7 -136 7 -133 Franklin Standard 7 -132 7 -131 Franklin Standard 7 -139 7 -136 ALM -2 Imperial Semi - Annual 1 -32 1 -24 Roots Imperial 1 -24 1 -23 - Imperial 1 -25 1 -22 Imperial 1 -23 1 -22 ALM -3 I Sycamore Semi - Annual 1 -13 1 -12 Grease ALM -4 Maple Semi - Annual 12 -55 12 -54 Grease ALM -5 Pine Semi - Annual 5 -4 5 -1 Roots Oregon 5 -4 5-3 Nevada 5 -7 5 -6 ALM -6 Center Semi- Annual 5 -19 5 -12 Roots ALM -7 Clarifier and car wash Semi - Annual N/A ALM -8 Main /Standard Semi - Annual 7 -132 7 -131 Grease ALM -9 Oak Street Siphon Semi - Annual 7 -155 7 -154 Sand ALM -10 Franklin Semi - Annual 7 -133 7 -132 Grease ALM -11 Palm Semi - Annual 7 -161 7 -160 Roots Palm 7 -162 7 -163 Palm 7 -161 7 -163 ALM -12 Franklin Standard Bi- monthly 7 -132 7 -133 Grease Franklin Standard 7 -136 7 -133 Franklin Standard 7 -139 7 -136 ALM -13 Whiting Semi - Annual 7 -176 7 -175 Roots ALM -14 Concord Semi- Annual 7 -195 7 -196 Roots Pine 7 -203 7 -194 ALM -15 Grand Semi - Annual 7 -120 7 -113 Sand ALM -16 Whiting Semi - Annual 7 -176 7 -175 Roots ALM -17 Standard Semi- Annual 7 -136 7 -133 Grease Grand 7 -120 7 -113 ALM -18 Mariposa Semi- Annual 7 -63 7 -61 Roots ALM -19 Concord Semi - Annual 7 -195 7 -196 Roots/ Grease Pine 7 -203 7 -194 Pine 7 201 7 -203 Pine 7 -194 7 -192 ALM -20 Eucalyptus Semi - Annual 2 -59 2 -54 Roots ALM -21 Sierra Semi- Annual 7 -16 7 -15 Roots Sierra 7 -17 7 -16 Maple 7 -18 7 -17 Maple 7 -19 7 -18 ALM -22 Rosecrans Semi - Annual CS - 204 -a CS -203 Grease Rosecrans CS -204 -a CS -204 Rosecrans CS -204 CS -201 Rosecrans CS -537 CS535 City of El Segundo FOG Control Program Manual n May 2009 190" iJ ID Location CleaningFreq MHFrm MHTo Cause ALM -23 California Semi - Annual 5 -108 5 -51 Roots/ Grease Imperial 5 -88 5 -87 Imperial 5 -90 5 -88 Center 5 -91 5 -90 Oak 6 -7 6 -4 ALM -24 Loma Vista Semi - Annual SH -37 SH -32 Roots Loma Vista SH -37 SH -36 ALM -25 Sheldon /Eucalyptus Semi- Annual 63 62 Roots Sheldon /Penn 62 61 Penn 61 60 Sheldon 7 -62 7 -72 City of El Segundo FOG Control Program Manual •� 9'7 May 2009 1 ATTACHMENT B Bypass Procedures City of El Segundo AUMML FOG Control Program Manual May 2009 Iw GENERATOR STARTUP INSTRUCTIONS 1. Determine the voltage of the station to be bypassed. Station #1 480 volts Station #2 480 volts Station #4 480 volts Station #5 240 volts Station #6 480 volts Station #7 480 volts Station #8 480 volts Station #9 480 volts Station #13 480 volts 2. Check to make sure the voltage selector switch is on 277 / 480 volts if it is a 480 volt station or 120 / 208 volts if it is a 240 volt station. Also make sure that the breakers on both sides of the generator are turned off. 3. Place the station's transfer switch in the "center" or "off" position and connect either the 480 volt or 240 volt generator cable to the plug depending on the voltage of the lift station. City of El Segundo Afith FOG Control Program Manual May 2009 fl E Turn on the "control power" switch (chrome switch to the right of the display). The control panel will light up and an alarm will sound. Press the "up" and "right" arrows simultaneously to reset the generator. When the alarm sound stops, press the "run" button to start the generator. 5. Once the generator is running, pressing the "left" or "right" arrows will toggle through the different displays. Select the display that shows the voltage on each phase. The correct display shows voltages for Nab, Vbc, and Vca ". Use a screwdriver to increase or decrease the "voltage adjust" to the correct voltage for the lift station (either 240 or 480 volts). Once the correct voltage has been set, turn on the breaker for the generator cable and then place the transfer switch in the emergency or generator position. 6. Check the lift station for power and proper operation. The panels are protected by phase monitors from improper voltage so do not just check lighting. If the pumps are not running, turn one pump on by hand to verify that everything is set correctly. City of El Segundo FOG Control Program Manual May 2009 Bypass Setup for Sewer Lift Station #1 625 W. Acacia Ave. Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Close both Valve #1 and Valve #2 3. Install the Hydrant on the Bypass Stand 4. Set the portable pump at the curb with the suction hose in Manhole #1 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open Valve #1 7. Begin Pumping City of El Segundo FOG Control Program Manual May 2009 y 202 Disassembly: 1. Shut down the portable pump and close Valve #1 2. Disconnect the discharge hose and drain the liquid back into Manhole #1 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Open both Valve #1 and Valve #2 5. Turn on power to the station Bypass Setup for Sewer Lift Station #2 327 East Franklin Ave. City of El Segundo AnkL FOG Control Program Manual May 2009 W 203 Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Install the Hydrant on the Bypass Stand 3. Set the portable pump at the curb with the suction hose in the Wet Well Manhole 4. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 5. Open the Bypass Valve 6. Begin Pumping Disassembly: 1. Shut down the portable pump and close the Bypass Valve 2. Disconnect the discharge hose and drain the liquid back into Wet Well Manhole 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 Bypass Setup for Sewer Lift Station #4 Ann Kansas Street. Bypass Instructions: 1. Turn off power to the station using the main breaker at the above ground panel 2. Close Valve #3 3. Install the Hydrant on the Bypass Stand 4. Set the portable pump at the curb with the suction hose in the Wet Well Manhole 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open both Valve #1 and Valve #2 7. Begin Pumping City of El Segundo FOG Control Program Manual May 2009 205 Disassembly: 1. Shut down the portable pump and close both Valve #1 and Valve #2 2. Disconnect the discharge hose and drain liquid back into the Wet Well Manhole 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Open Valve #3 5. Turn on power to the station Bypass Setup for Sewer Lift Station #5 735 Center Street City of El Segundo FOG Control Program Manual May 2009 2 0 G Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Close Valve #2 3. Install the Bypass Adapter on the Bypass Stand 4. Set the portable pump on the curb with the suction hose in the Wet Well Manhole 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open Valve #1 7. Begin Pumping Disassembly: 1. Shut down the portable pump and close Valve #1 2. Disconnect the discharge hose and drain liquid back into the Wet Well Manhole 3. Remove the Bypass Adapter from the Bypass Stand and bolt the cover back onto the flange 4. Open Valve #2 5. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 U ' Bypass Setup for Sewer Lift Station #6 1 AAR Fast Palm Ave. Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Close Valve #1 3. Install the Hydrant on the Bypass Stand 4. Set the portable pump next to the wet well with the suction hose in the Wet Well Manhole 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open Valve #2 on the Bypass Stand 7. Begin Pumping City of El Segundo FOG Control Program Manual May 2009 Disassembly: 1. Shut down the portable pump and close Valve #2 on the Bypass Stand 2. Disconnect the discharge hose and drain liquid back into the Wet Well Manhole 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Open Valve #1 5. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 r' (� J Bypass Setup for Sewer Lift Station #7 On Palm Ave.,100ft west of MrginEn view insiae la" uveruow inminoie Bypass Instructions: 1. Set the portable pump at the curb with the suction hose in the Wet Well 2. Run the portable pump discharge hose to the 18" overflow line located 100 feet west of the intersection City of El Segundo FOG Control Program Manual May 2009 1 n 3. Place discharge hose inside the 18" overflow opening shown in the above photo 4. Start pump and begin Pumping Disassembly: 1. Shut down the portable pump 2. Disconnect the discharge hose and drain liquid into the 18" overflow manhole Bypass Setup for Sewer Lift Station #S 219 Center Street City of El Segundo FOG Control Program Manual 1 1 May 2009 Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Close Valve #2 3. Install the Hydrant on the Bypass Stand 4. Set the portable pump at the curb with the suction hose in the Wet Well 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open Valve #1 7. Begin Pumping Disassembly: 1. Shut down the portable pump and close Valve #1 2. Disconnect the discharge hose and drain liquid back into the Wet Well 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Open Valve #2 5. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 X12 Bypass Setup for Sewer Lift Station #9 101 Kansas Street Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Close Valve #2 3. Install the Hydrant on the Bypass Stand 4. Set the portable pump at the curb with the suction hose in the Wet Well 5. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 6. Open Valve #1 7. Begin Pumping City of El Segundo FOG Control Program Manual May 2009 Disassembly: 1. Shut down the portable pump and close Valve #1 2. Disconnect the discharge hose and drain liquid back into the Wet Well 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Open Valve #2 5. Turn on power to the station Bypass Setup for Sewer Lift Station #13 City of El Segundo FOG Control Program Manual May 2009 44 Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Install the Hydrant on the Bypass Stand located in Manhole #2 3. Set the portable pump in the left turn lane with the suction hose in Manhole #1 4. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 5. Begin Pumping Disassembly: 1. Shut down the portable pump 2. Disconnect the discharge hose and drain liquid back into Manhole #1 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 . 40 i Sewer System Operation & Maintenance Pro 5. In some cases, as the mainline is being jetted, the Vacon truck's vacuum is used to collect waste and debris. 6. Record the activity performed as well as any pertinent observations (roots, grease etc.) 4.2 Lift Station Maintenance The City has nine sewer lift stations. These stations are maintained, in part, by the City's Wastewater Staff 2 -4 times a year for mechanical preventative maintenance. An outside contractor is also utilized two times a year for additional preventative maintenance activities. 4.3 System Monitoring The City has implemented the use of a Supervisory Control and Data Acquisition ( SCADA) system to monitor and control key lift station functions. The SCADA system is configured to issue warning and alarm messages to the Maintenance Supervisor and Maintenance staff, allowing preemptive or corrective measures to be applied prior to an overflow or catastrophic system failure. The City has also installed water level monitors (SmartCovers) in wet wells and key sewer system mains throughout the service area. The SmartCover data is available and monitored through a third party web -based application that is configured to issue warning or alarm messages to the Maintenance Supervisor Maintenance staff. The water level data provided through this system enables Maintenance staff to identify and address potential problems before they develop into an overflow or spill. City of El Segundo 13 Sewer System Operation and Maintenance Program Manual May 2009 CCTV inspection of the entire collection system was conducted by the City in 2000. Significant defects identified were repaired or included in the Capital Improvement Plan (CIP) for repairs /replacement prioritization. During routine system maintenance and /or emergency response activities, City staff identify problem areas and when warranted, will conduct CCTV inspection. Significant defects are reviewed and prioritized for repairs /replacement based on pipe condition ranking and flow deficiencies, pursuant to the Sewer Master Plan. Through the current rehabilitation and replacement program, El Segundo has identified projects that are not immediately required, but have been budgeted for. Replacement equipment operations are included in the CIP and funding is generated through the Enterprise Fund and sewer fees. The CIP also includes costs associated with planning design, construction, and construction inspection. Additionally, the October 2009 /September 2010 Capital Improvement Plan includes a provision to CCTV the entire collection system. Significant defects identified will be repaired or added to the CIP plan for repairs /replacement prioritization. City of El Segundo 14 Sewer System Operation and Maintenance Program Manual May 2009 41 Sewer Section 6 Training tem Operation & Maintenance Program The City of El Segundo has a history of hiring and retaining dedicated Staff at all levels and is aware of the significance of ensuring that the staff is qualified and properly trained. Currently and on a regular basis, City Staff participate in documented technical training and on- the -job training programs. In addition, Staff are required to obtain a minimum, Grade 1 CWEA certification. This certification is required to be maintained through on -going contact hour opportunities. Staff are also encouraged to attend applicable vendor demonstrations. The City has also established safety training requirements. A list of training programs and required certifications are provided in Appendix A. City of El Segundo 15 Aukk Sewer System Operation and Maintenance Program Manual May 2009 =' 18 The City has identified locations throughout its service area that are critical to maintaining uninterrupted service. These locations have been included in an extensive bypass procedure plan developed by the City. With the bypass procedures and necessary equipment, each of these locations could be bypassed in case of emergency or equipment failure, to maintain service integrity. The bypass procedures are included in Appendix A The City has taken measures to identify which spare parts are critical for maintaining uninterrupted service and stores these parts at a central location. El Segundo also maintains spare parts that are necessary for maintenance vehicles and equipment. For parts that are not maintained in the spare parts inventory, El Segundo has arrangements with readily available suppliers. As a precaution and a means to ensure uninterrupted service, the City has back -up power generation for lift stations. City of El Segundo 16 Sewer System Operation and Maintenance Program Manual May 2009 19 Bypass Instructions: 1. Turn off power to the station using the main breaker or transfer switch at the above ground panel 2. Install the Hydrant on the Bypass Stand located in Manhole #2 3. Set the portable pump in the left turn lane with the suction hose in Manhole #1 4. Connect the portable pump discharge hose to the Hydrant and open the hydrant's valve 5. Begin Pumping Disassembly: 1. Shut down the portable pump 2. Disconnect the discharge hose and drain liquid back into Manhole #1 3. Remove the Hydrant from the Bypass Stand and bolt the cover back onto the flange 4. Turn on power to the station City of El Segundo FOG Control Program Manual May 2009 21 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to modify an existing Alcoholic Beverage Control (ABC) license for on -site sale and on -site consumption of alcohol (Type 41 — On -Sale Beer and Wine) at an existing restaurant located at 720 Allied Way, Suite D, EA No. 851 and AUP No. 09 -09. Applicant: The Veggie Grill (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to a modified Type 41 ABC license at 720 Allied Way, Suite D; and /or, 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting District (RD) 2. Police Reporting Districts Map 3. Planning Commission Staff Report dated November 12, 2009 4. Approval Letter to Applicant November 5, 2009 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Planning a uilding Safety Director, APPROVED BY: Jack Way t, City Manage BACKGROUND AND DISCUSSION: I. Background In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For alcohol sales at restaurants, California regulations require a 30 -day review and comment period after notifying local police and planning departments. The grounds of a protest, if any, should relate to public health, safety or welfare concerns. Based upon previous Council direction, staff is providing background information regarding this application. II. Analysis According to the most recent Crime and Arrest statistics report (January 2009 — June 2009, Exhibit 1) prepared by the Police Department, the restaurant is located in Reporting District X21 (RD) 318. Based on 2009 reported data prepared by the Police Department, the district had a total of 34 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft and arson) and 14 felony and misdemeanor arrests that are not Part I crimes for a total of 48 crimes. The Police Department and the Planning and Building Safety Department do not object to a new ABC license for the existing restaurant. The restaurant currently serves beer and wine in conjunction with its food service. The request to modify the existing license is required because the applicant proposes to expand the outdoor dining area where alcohol can be served. The proposed outdoor dining area would be relocated to the side of the building and would increase in size to 426 square feet. The applicant's proposed hours of alcohol sales are expected to be during the hours the restaurant is open. The restaurant's hours of operation will not change and are limited to: 8:00 a.m. to 11:00 p.m. Monday through Thursday and 8:00 am to 12:00 am Friday through Sunday. The outdoor patio would be open the same hours as the restaurant. On November 5, 2009, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA No. 851, AUP No. 09 -09) for 720 Allied Way, Suite D. The Director's decision was forwarded to the Planning Commission on November 12, 2009. On November 12, 2009, the Planning Commission received and filed the item with the conditions of approval. The ABC license review is a separate application from the City's AUP process, which requires mandatory findings that are regulated by the Department of Alcoholic Beverage Control. The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. III. Conclusion Planning staff recommends that the Council receive and file this report without objecting to a modified Type 41 ABC license at 720 Allied Way, Suite D. P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \851- 875\EA 851\EA -851 AUP 09 -09 CC SR.doc 4_2 EL SEGUNDO POLICE DEPARTMENT RECORDED PERIOD: JANUARY — JUNE, 2009 PART I CRIMES AND ARRESTS STATISTICS BY REPORTING DISTRICT RD 101 11 iG Q/1�1 .. : ARRr S , ART' rD N LY.. 2 TO I „:. 13 A11 AC3E # D �C �El�1`1a 6 */ +44% 102 8 7 "15 +66% 103 4 1 5 -44% 104 11 2 13 +44% 105 10 1 11 +22% 106 5 1 6 -33% 107 20 7 27 +200% 108 5 4 9 0% 109 3 0 3 ` -66% 110 2 0 2 -77% 111 1 1 2 -77% 112 12 3 15 +66% 113 4 2 6 -33% 114 1 0 1 -88% 115 1 1 2 -77% 116 0 0 0 0% 201 4 1 "` 5 -44% 202 8 2 10 +11% 203 6 2 8 -11% 204 0 0 0 0% 205 11 5 16 +77% 206 4 0 4 -55% 207 19 6 25 +177% 208 13 9 22 +144% 209 17 4 21 +133% 210 8 1 9 0% 211 11 2 13 +44% 212 1 1 2 -77% 301 9 2 11 +22% 302 11 4 15 +66% 303 1 1 2 -77% 304 0 0 0 0% 305 5 1 6 -33% 306 4 2 6 -33% 307 4 1 5 -44% 308 23 13 36 +300% 309 6 2 8 -11% 310 2 0 2 -77% 311 3 1 4 -55% 312 3 1 4 -55% 313 2 0 2 -77% 314 0 0 0 0% 315 5 1 6 -33% 316 4 1 5 ' -44% 317 3 0 3 -66% 318 34 14 48 ', +433% 319 22 4 26 +188% 320 4 1 5 -44% 321 1 0 1 -88% 322 4 1 5 -44% 323 1 1 2 -77% TOTALS_. 351 114 467' Number of Reporting Districts = 51 Average # of Part I Crimes per Reporting District = 7 Average # of Felony/ Misdemeanor Part I Crime Arrests per Reporting District = 2 Average # of Crimes and Arrests per Reporting District = 9 Results from 01/01/2009 through 06/30/2009 FORMULA: Add (Part I crimes + Felony/Misd Arrest) then subtract from the Average # of Crimes and Arrest per Rd, divided by the Average # of Crimes and Arrests per RD and multiply by 100. Sample: 14 +1= 15- 9 =619= .66x100 = +66 223 Records /eg Page 1 7/20/2009 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: November 12, 2009 SUBJECT: Environmental Assessment No. EA -851, Administrative Use Permit No. 09 -09, and Off -Site Parking Covenant MISC 09 -03 APPLICANT: Veggie Grill Restaurant Elizabeth Valerio PROPERTY OWNER: PES Partners, LLC REQUEST: A Request to modify an existing Administrative Use Permit to allow the expansion of an outdoor dining area where beer and wine are sold for on -site consumption (Type 41 Alcoholic Beverage Control License) at an existing restaurant (The Veggie Grill) and to allow an Off -Site Parking Covenant for the use of parking spaces on an adjacent parcel PROPERTY INVOLVED: 720 Allied Way, Suite D I. DESCRIPTION The Planning and Building Safety Department received the above referenced application for a modification to an Administrative Use Permit (AUP) to allow the expansion of an outdoor dining area where beer and wine are sold for on -site consumption at an existing restaurant (The Veggie Grill). The business is located at the eastern edge of the Plaza El Segundo shopping center at 720 Allied Way, Suite D in the Commercial Center (C -4) Zone. The application also includes a request for an Off -Site Parking Covenant to allow businesses on the subject parcel (including The Veggie Grill) to use parking spaces on an adjacent parcel to meet the minimum parking requirements of the El Segundo Municipal Code (ESMC). The original development was approved on March 15, 2005. A certified Final Environmental Impact Report (EIR) was required and approved for the development of the shopping center. The existing ABC License at The Veggie Grill was approved on January 17, 2008 (see Exhibit B). The applicant is requesting a modification to the existing Type 41 license for the on -site sale and on -site consumption of beer and ��J wine in the restaurant from the California Department of Alcoholic Beverage Control. The existing AUP is required for the restaurant because there was no previous business with a license at the location. The proposed expansion of the license requires an AUP in accordance with ESMC § 15- 5G -4(A) and the conditions of approval for the existing permit. Restaurants and outdoor dining areas are permitted uses in accordance with the Commercial Center (C -4) Zone and Section 4.1.5 of the Development Agreement for the Plaza El Segundo project. The restaurant currently consists of an indoor dining area and two outdoor patios. The restaurant was approved for an interior area of 2,443 square feet and containing 58 seats with two small outdoor dining patios totaling 198 square feet and containing a total of 16 seats. The applicant proposes to consolidate the two outdoor dining patios into one patio along the north side of the building and to expand the patio area to 426 square feet. The restaurant as proposed will contain a combined total of 98 seats. The following chart describes the proposed dining and seating areas as revised: 2 The following chart is the parking analysis for the proposed uses: The proposed indoor dining area and food preparation area is 2,443 net square feet which requires 32.6 parking spaces. The proposed outdoor dining area is 426 net square feet, which requires 5.7 parking spaces. The total required parking for the restaurant is 38 parking spaces. A parking covenant for 18 parking spaces will be recorded before the final occupancy permit is issued transferring parking rights from Parcel No. 8 to Parcel No. 9 (VTM 61630) to accommodate the required parking necessary for-- the - restaurant- and subject property. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm, and Friday through Sunday from 8:00 am to 12:00 am. The outdoor patio would be open the same hours as the restaurant. Any change to the hours of operation is subject to review and approval by the Director of Planning and Building Safety. Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit. The attached letter (Exhibit A) specifies all of the required findings for the permit. II. Inter - Departmental Comments The project applications and plans were circulated to the Police Department and Building Division for review. The Police Department had no comments. The Building Division's comments are attached (See Exhibit D). 3 III. RECOMMENDATION Planning staff recommends that the Planning Commission receive and file Administrative Use Permit 09 -09 and approve an off -site parking covenant for 18 parking spaces (Off -Site Parking Covenant MISC 09 -03), with conditions. IV. EXHIBITS IBITS A. Administrative Use Permit Approval Letter, dated November 5, 2009 B. Original Administrative Use Permit Approval Letter (EA -780 and AUP 07 -08) dated January 17, 2008 C. Applications D. Inter - Departmental Comments E. Plans Prepared by: Paul Samaras, Principal Planner �1 Ki berly Christ sen, AICP, Planning Manager Department of Planning- & Building Safety Greg arpen)6r, Director Deo ment of Planning & Building Safety PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \851 - 875 \EA 851 \EA -851 PC- SR.doc 4 X4.8 f: 'nor AmErA Planning & Building Safety Department Elected Officials: November 5, 2009 Kelly McDowell, Mayor Eric K. Busch, Maayor yor Pro Tem Elizabeth Valerio Carl council M Council Member 5858 Wilshire Blvd. # 203 Bill Member Los Angeles California 90036 Council coup, � Don Brann, Council Member Cindy Mortesen, City Clerk Ralph tyTrea RE: Environmental Assessment No. EA -851 and u CJry Treasurer Administrative Use Permit (AUP) No. 09 -09 Expansion of Existing Permit for On -Site Sale and Appointed officials: Consumption of Beer and Wine in Conjunction with the JackWaye, Operation of a Restaurant (The Veggie Grill) for a (Type 41 City Manager Mark D. ley, State of California Alcoholic Beverage Control License) yAtto Attorney City Address: 720 -D Allied Way (The Edge at Plaza El Segundo) Department Directors: Bill Crowe, Assistant City Manager Dear Mrs. Valerio: Deborah Cullen, Finance land Robert Hy, In accordance with El Segundo Municipal Code (ESMC) Chapter 15 -22, Human Resources Kevin Smith, the Planning Division reviewed your application for the above - referenced Debra Brighton, project and the Director of Planning and Building Safety APPROVED aryS ery Services Library S Greg Carpenter, Environmental Assessment No. EA -851 and Administrative Use Permit Planning and Building Safety No. 09 -09 for the on -site sale and on -site consumption of beer and wine at David Cummings, Police Chief 720 -D Allied Way. The Director did not identify a reason to oppose a Type Dana Greenwood, Public Works 41 license issued by the- Alcoholic Beverage Control Department for Robert Cummings, Recreation BParks expanding the existing restaurant located at 720 Allied Way, Suite D. This decision incorporates the approval in Environmental Assessment No. EA- 780 and Administrative Use Permit No. 07 -08 by reference. The following are the findings and facts in support of each finding for this decision: www.e/segundo.org 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 t €$� FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -851 Finding 1 • The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) and § 15303 as a Class 3 (New Construction of Small Structures). Facts in Support of Finding 1 1. The applicant is requesting an expansion of an alcohol license for the on -site sale and consumption of beer and wine at an existing restaurant located within the Edge at the Plaza El Segundo development. The subject restaurant is located within an existing building roughly 12,000 square feet in area. The restaurant itself is approximately 2,443 square feet with a 198 square -foot outdoor dining patio, which is bounded by four -foot tall planter boxes around its perimeter. No changes are proposed to the building itself or to the restaurant operations. The project involves a 228 square -foot expansion of the outdoor dining area and the installation of additional planter boxes around its perimeter. The property is -in an urbanized and developed area where it has adequate access and all public services and facilities are available. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. Administrative Use Permit 09 -09 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to expand the area where alcohol can be served and consumed at an existing restaurant. The restaurant is located in a portion of the Plaza El Segundo shopping center (The Edge) at 720 -D Allied Way in the Commercial Center (C -4) Zone. This portion of Plaza El Segundo is occupied primarily by small retail shops and restaurants with outdoor dining areas. The restaurant is 2,443 net square feet in area and has an existing 198 square -foot outdoor dining area. The indoor area contains 58 seats and the existing patios 16 seats for a total of 74 seats. The applicant proposes to increase the area of 2 the outdoor dining patio to 426 net square feet and the number of seats to 40. The minimum number of required parking spaces for the restaurant including the proposed patio is 38 parking stalls which will be provided on -site and on an adjacent parcel (20 parking spaces on site and 18 parking spaces on the adjacent parcel). 2. The proposed restaurant will be compatible with, and is intended to support the surrounding land uses which include commercial, retail, restaurant, and a fitness facility. 3. The General Plan Land Use designation for the site is Commercial Center. The zoning for the site is Commercial Center (C -4). Restaurants and outdoor dining areas are permitted uses in the Commercial Center (C -4) Zone in accordance with El Segundo Municipal Code ESMC Chapter 15 -5G and on -site sale and consumption of alcohol is permitted with the approval of an Administrative Use Permit in accordance with ESMC § 15- 5G -4(A). 4. The Commercial Center (C -4) Zone permits, and the surrounding land uses include: fitness centers, general offices, pet supplies and services, restaurants and cafes, and retail sales uses. The subject restaurant and outdoor dining area will be similar and compatible with the surrounding uses. 5. The restaurant must obtain a State of California Alcohol and Beverage Control (ABC) - license -for on -site sale and consumption of- alcohol (Type 41) 6. On November 12, 2009 the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Finding 2 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 1. The General Plan Land Use designation for the site is Commercial Center. 2. The zoning for the site is Commercial Center (C -4). Restaurants and outdoor dining patios are permitted uses in this Zoning District in accordance with ESMC. The proposed use, on -site sale and consumption of beer and at an existing restaurant and outdoor patio, requires an Administrative Use Permit in accordance with ESMC §15- 5G -4(A). 3. The purpose of the Commercial Center (C -4) Zone is to provide for developing commercial establishments (retail and services) serving the City and surrounding area. The proposed use is consistent with this purpose of the zone in that restaurant and outdoor dining uses are permitted in the Commercial Center (C -4) Zone. 4. The proposed use is consistent with the Land Use Element in that the Commercial Center Land Use Category is intended to permit a mixture of community - serving retail, restaurants and other commercial service uses in an integrated shopping center design to serve a broad cross section of the City and surrounding area. 5. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. 6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. 7. The surrounding land uses include: commercial retail, restaurant, and office and light industrial uses. The proposed restaurant will be compatible with the surrounding land uses. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 1. The restaurant is located inside an existing retail commercial building and no new construction is proposed as part of the current request for the alcohol license, with the exception of the additional landscape planter boxes for the patio expansion. Sufficient parking will be provided on -site and on the adjacent parcel in compliance with ESMC Chapter 15 -15. 2. The surrounding land uses include commercial retail, restaurant, a fitness center, office, and light and heavy industrial uses. The proposed restaurant is a permitted use within the C -4 Zone. 3. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm and Friday through Sunday from 8:00 am to 12:00 am. The patio area would be open the same hours as the restaurant. The restaurant will be required to meet the noise and vibration requirements of ESMC § 7 -2 -1. El Fin Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 1. The sale of alcohol will not create any new impacts that would not be normally associated with the operation of a restaurant. 2. The hours of operation for alcohol sales are limited to: Monday through Thursday from 8:00 am to 11:00 pm and Friday through Sunday from 8:00 am to 12:00 am. The patio area would be open the same hours as the restaurant. The restaurant will be required to meet the noise and vibration requirements of ESMC § 7 -2 -1. 3. The location of the existing restaurant is in a predominantly commercial /industrial area that is not adjacent to any residential uses. Therefore, the proposed expansion will not cause will noise impacts to sensitive uses. 4. In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts-of fumes- and - odors. Finding 5 The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 1. The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control (Type No. 41). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the, proposed project, subject to the following conditions: 1. The restaurant dining hours of operation are limited to: Monday through Thursday from 8:00 am to 11:00 pm, and Friday through Sunday from 8:00 am to 12:00 am. The outdoor patio would be open the same hours as the restaurant. Food service must be available in the indoor dining area and the outdoor patio :'33 l t� during the dining hours. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. The seating within the restaurant must be limited to 58 indoor dining seats and 40 outdoor seats. The restaurant will contain a combined total of 98 seats. 3. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 4. Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. 5. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must obtain and maintain a Type 41 license. 6. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. 7. The- Planning and BUildirig Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 8. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 9. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant, patio and parking lot. Said contact's name and phone number must also be available through the restaurant staff at all times. 10. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the bar and restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver. X34 i. 11. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior must constitute a violation of this condition. 12. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 13. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Lakewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b. Completed an accepted equivalent by the ABC, Lakewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c. The ABC=licensed- -proprietors must have confirmed with the - Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled with the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 14. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing. 15. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurant and two outdoor patio areas, the city may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 16. The outdoor dining /seating areas must comply with ESMC § 15 -2 -16. 7 o) 17. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 18. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 19. The applicant must record an Off -Site Parking Covenant in the Office of the Los Angeles County Recorder to allow the use of 18 parking spaces on an adjacent parcel. Prior to recordation, the Covenant must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety and the City Attorney. 20. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 851 and Administrative Use Permit No. 09 -09. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of EA -851 or AUP 09 -09, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. PLANNING COMMISSION- Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its November 12, 2009 meeting with the recommendation that the Planning Commission Receive and File the determination. The City Council will determine whether or not to protest the issuance of the ABC License (Type 41) at its meeting on December 1, 2009. Should you have any questions, please contact Paul Samaras, Project Planner, at (310) 524 -2312. Since /rely, Gre arp ter, Director De rtment of Planning and Building Safety P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning)\851- 875 \EA 851 \EA 851 720 -D Allied Way AUP Approval Letter.doc 8 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the approval to purchase a brush chipper for the Parks Maintenance Division. (Fiscal Impact: $33,824.15) RECOMMENDED COUNCIL ACTION: 1. Approve the purchase of the Vermeer 1200XL Brush Chipper. 2. Alternatively, discuss and take other action regarding this item. ATTACHED SUPPORTING DOCUMENTS: 1. Letter from California Resources Board. 2. Price quotes from Vermeer Wisconsin, Inc., Vermeer Sales Southwest, and Vermeer Pacific. 3. Letter from Vermeer Pacific stating they are the sole source for Vermeer Brush Chippers in California. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $33,824.15 Additional Appropriation: N/A Account Number(s): 601 - 400 -5102 -8105 (Unit # 6425) ORIGINATED BY: REVIEWED BY: APPROVED BY: Mark Trujillo, Parks Superintendent Bob Cummings, Recreat0/2 d Parks Director Jack Wayt, City Manav BACKGROUND AND DISCUSSION: Effective January 1, 2010, the Recreation and Parks Department's brush chipper will no longer be California Air Resources Board (GARB) compliant and will not meet California's Airborne Toxic Control Measure for Portable Diesel Engines (ATCM) or Portable Equipment Registration Program (PERP) regulations. The City's Equipment Maintenance Division determined that replacing the brush chipper with a regulation compliant model is more cost efficient than retro- fitting the old equipment. Based on manufacturers' demonstrations and field testing, the City's Tree Maintenance staff found the Vermeer 1200XL brush chipper to be the best choice. The Vermeer 1200XL has unique safety features such as shrouding to conceal moving parts, has lower noise levels, can perform high volume commercial demands, and has a three (3) year factory warranty. The cost of the Vermeer 1200XL includes CARB registration, DMV fees, freight, preparation, and $9,222.00 trade in credit for the current non - compliant brush chipper. 237 Linda S. Adams Secretary for Environmental Protection February 11, 2009 Air Resources Board Mary D. Nichols, Chairman 1001 1 Street • P.O. Box 2038 Sacramento, California 95812 - www.arb.ca.gov Arnold Schwarzenegger Governor Re: Second Notice of Upcoming Portable Equipment Registration Program (PERP) Registration Cancellation To Whom It May Concern: This letter is a follow -up letter to the October 1, 2008 notification letter we sent you regarding portable engine registrations that will not be valid after December 31, 2009. We want to make sure you are aware of the regulation requirements and the options available to you regarding the replacement or re- designation of your registered engine. California's Airborne Toxic Control Measure for Portable Diesel Engines (ATCM) and the PERP Regulation require that starting January 1, 2010, all portable engines must be certified nonroad engines pursuant to federal regulation 40 CFR Part 89, 40 CFR Part 1048, or Title 13 of the California Code of Regulations, except those diesel engines designated only for emergency use or low use. The engines you have registered are non - certified engines (either diesel - fueled or spark ignition), non - certified engines equipped with the Clean Cam Technology System retrofit kit, or are diesel engines certified for on- highway use only. We have identified several options below for these engines subject to the January 1, 2010 registration expiration deadline: 1) Replacement of the engine with a certified nonroad engine. a) The application for a replacement diesel engine must be submitted as a new application and must meet the registration eligibility requirements in effect at the time of application. Currently, that emission standard for diesel engines is Tier 3 for engines 750 bhp and below and Tier 2 for engines above 750 bhp. A diesel engine not meeting the current tier may be registered if it can be proven that it operated in California any time between March 1, 2004 and October 1, 2006. Applications for non- current tier certified diesel engines must be submitted by December 31, 2009 and additional fees apply. b) The application for a replacement spark- ignition (gasoline, propane, etc.) engine must be submitted as a new application and must meet the registration eligibility requirements in effect at the time of application. Currently any certified spark - ignition engine is eligible for PERP. In addition, any older spark - ignition engine retrofitted such that it meets the emission standards in Table 1 of the PERP Regulation is also eligible for PERP. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Website: htta: / /www arb.ca.aov. California Environmental Protection Agency Printed on Recycled Paper Page 2 c) A replacement option could also include the purchase of a certified gasoline or certified nonroad diesel engine that is already registered in PERP or has a current district permit to operate. 2) For diesel - fueled engines, designation of the engine as emergency -use or low -use. In order to designate an engine as emergency or low -use, you must submit Form 7 with the applicable fees to modify the registration. If this option is chosen, you must commit to replacing the engine with a Tier 4 engine (final standard) within two years of the first availability of Tier 4 engines. Engines designated for emergency -use may only be used in situations as defined in Section 93116.2(x)(11) and (12) of the ATCM. Low -use engines may operate no more than 80 hours per year. 3) Non - certified spark- ignition engines may be able to operate under the authority of the local air districts after January 1, 2010, so you may wish to contact your local air district to inform yourself of permitting options available. A listing of air district contact information can be found at www arb ca -gov /capcoa/roster.htm. If you have questions about these engines and the options discussed, please feel free to contact our staff: Ms. Kelly Weatherford (916) 322 -4337 Ms. Zuzana Vona (916) 323 -9688 Mr. Joseph Gormley (916) 322 -5616 Ms. Carol Carlson (916) 445 -1365 Mr. Dave Brown (916) 324 -1129 You may also wish to obtain further information by consulting our website located at www.arb.ca.gov/portable/portable.htm. Sincerely,y, Michael J. Gu zeita, Manager Rule Evaluation Section Stationary Source Division 239 Customer City of EL Segundo/ Vina Ramos Address 150 Illinois St. El Segundo, CA 90245 Phone DATE October 21, 2009 Sales Person Cust. P.O. No. WE ARE PLEASED TO QUOTE, FOR ACCEPTANCE WITHIN 30 DAYS FROM DATE, PRICES AND TERMS IN ACCORDANCE WITH SPECIFICATIONS DESCRIBED BELOW, SALES TAXES TO BE ADDED IF APPICABLE. QUANTITY I VERMEER — WISCONSIN, INC. PRICE I Southern Region Westem Region Norther0eaon 5445 North 131" St. W3090 County B 2304 Kelbe Drive Butler, WI 53007 West Salem, WI 54669 Little Chute, WI 54140 (262)781 -2288 Fax 781 -0088 (608)786 -1910 Fax 78 6-2021 (920)687 -9988 Fax 687 -9984 Customer City of EL Segundo/ Vina Ramos Address 150 Illinois St. El Segundo, CA 90245 Phone DATE October 21, 2009 Sales Person Cust. P.O. No. WE ARE PLEASED TO QUOTE, FOR ACCEPTANCE WITHIN 30 DAYS FROM DATE, PRICES AND TERMS IN ACCORDANCE WITH SPECIFICATIONS DESCRIBED BELOW, SALES TAXES TO BE ADDED IF APPICABLE. QUANTITY MODEL AND DESCRIPTION PRICE One (1). New Vermeer I200XL 12" Drum Brush Chipper com lete with 110 HP Cummins diesel engine, isolated engine and cutter housing, Instrumentation w/high temperature & low oil pressure automatic Shutdown, rubber torsion axle, ST235 /80R 16 LRE tires, clutchless PTO, Dual offset-variable speed horizontal infeed rollers, live hydraulics, Smart feeds stern, 25 g#llpn fuel tank lockable tool box and engine Shield, spark arresting muffler, infeed table with stip bar, pintle hitch, 6 wa round trailer lu electric brakes, 270 de rotating discharge Deflector, dual A* chipper knives, 4 sided bed knife telescoping tongue, And LED lights. Price does not include.CARB registration, DMV or FreiTht & Pre Warranty: 3 yea or 3,000 hour Factory Warranty. TOTAL $42,221.00 TRADE IN OR OTHER ALLOWANCE 2001 Vermeer BC 1000 with 1339 Hours TOTAL TRADE IN $3,700.00 PRICES ARE IN EFFECT FOR 30 DAYS ONLY. SUB TOTAL SALES TAX & RATE _ $4,116.55 GRAND TOTAL 537,637.55 TERMS _ REMARKS THANK YOU Accepted Customer Vermeer - Wisconsin, Inc. (PLEASE PRINT) BY BY (SIGNATURE) DATE DATE i. Sales Quote Order Dete: Vers—sh-dar 0 Order Type: Vermeer Sales Southwest Status: 55 S 58th St, Chandler, AZ, 85225.3361 Pape No.: Phone: (480) 785.49M Fax: (480) 785-49W Quote No.: Salesperson: Dale Slaver Brill To: City of EI Segundo Attu. To: Vine Ramos Address- 150 Illinois St El Segundo. CA 90245 Phone: (310) 524 -2882 Fax: (310) 414 -0911 Order Dete: 10/21/2009 Order Type: Quote Order Status: Quote Pape No.: Page 1 of 2 Quote No.: 091021 YJ2F11 A Ship To: d4 of EI Segundo Attu. To: Address: 15011111nois St El Segundo, CA 90245 ship Via; 3rd Party Truck Quoted Items Item Description Unit Quantity BC1200XL010 BC1200XL BASIC MACHINE12" capacity drum style brush Each 1.00 chipper includes isolated cutter housing; 13' x 17" feed opening; We, hydraulics; dual offset horizontal feed rollers; SmartFeed; 25 gallon fuel tank; steel engine enclosure; infeed table with lower fee BC1200XL003 BC1200XL 110HP CUMMINS TIER 3includes 110 HP Cummins Each 1.00 QSB3.3T turbocharged diesel engine; rubber engine isolators; high coolant temperature: low oil pressure automatic shutdown BC1200XL086 SC1200XL DOMESTIC TRAILER OPTION W1 LED Each 1.00 LIGHTINGincludes 7,000 lb capacity torsion axle with electric brakes; telescoping tongue: pintle hitch; break -away switch; fender assembly; domestic LED trailer lighting BC1200XL075 BC1200XL ST23518OR16LRE TIRES Each 1.00 BC1200XL048 BC1200XL RIGHT SIDE CONTROLS Each 1.00 BC1200XL015 BC1200XL CHUTE ROTATE - MANUALFixed handle rotation Each 1.00 BC1200XL017 BC1200XL BASIC DISCHARGE DEFLECTOR Each 1.00 SC1200XLPL3 BC1200XL EXTENDED WARRANTY 36 MONTHS PARTS & Each 1.00 LABOR Sub -total for Quoted Items: Allowances Item Description Unit Quantity TI- Brush Chipper - Vermeer brush chipper trade in must be in working condition Vermeer Additional Comments CARB registration, DMV registration not included $41,872.00 Each 1.00 - 7,900.00 - 7,900.00 Sub -total for Allowances: - $7,900.00 241 Sales Quote Vermeer® OrdwDate: 10/2112009 Order Type: Quote Order Vermeer Sales Southwest status: Quote 55 S 56th St, Chandler, AZ, 85228.3351 Page No.: Pepe 2 of 2 Phone: (480) 785 -4800 Fax: (480) 785 -4800 quobNO.: 091021YJ2F11A Salesperson: Dale Stever Terms: _ -- _.,.w,.....m.. ..._.. m.,. �..... �e�,. �_ ....�.,w.,,,�„�,..,....�...•..� subtotal: $33,972.00 Prices are valid for 30 days With signed Quotation. out of Slate Sale: $0.00 Tax: $0.00 Freight: $1,500.00 customer Signature Date Grand Total: $35,472.00 Vermeer Signetwe Date The new equipment warranty for Vermeer Industrial Products is attached to this Sales Order and Is part of this contract. Please read it carefully before signing. No express wanenly Is made unless identified on this Sales Order, YOUR RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED ON BOTH SIDES OF THIS PURCHASE ORDER, WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE, 4 �I 2 NW Veromr e e° Pacific BUYER Cfty of EI Segundo 150 Illinois St. a 14557 Randall Ave, Fontana CA 92335 -4254 1300 Kona Dr, Rancho Dominguez CA 90220 -5407 SALES AGREEMENT DATE September 2, 2009 PO* Phone 310 - 524 -2714 El Segundo, CA 90245 Fox 310 - 114-0911 ATTN: Gary Mullins Acct 0 New VERMEER 1200XL 12" DRUM STYLE (BRUSH CHIPPER A 110 HP Cummins diesel engine, QSB 3.3 Turbo Ter 3 compliant B isolated engine and cutter housing; 13" x 17" Weed opening C instrumentation W high temperature & low oil pressure automatic shutdown D rubber torsion axle; ST235 /8011 18 LRE tires E Patended Clutchess PTO F Dual offset - variable speed horizontal infeed rollers; Ave hydraulics G Selectable Smart Feed system H 25- gallon fuel tank, 8-hour plus supply I lockable tool box J lockable engine shield K spark arresting muffler L Infeed table w/fower stop bar (passive safety system) M pintle hitch; 8 way round trailer plug N electric brakes O 270 degree rotating discharge deflector P Dual A8 chipper knives; 4 sided bed knife Q Telescoping tongue R LED lights S 3 year; 3,000 Factory Warranty Price includes CARE registration, DMV and freight & prep 39,222.00 Payment Terms Payable on delivery or have approved financing Sub -Total 39,222.00 Plus all applicable taxes 9.750A Sales Tax 3,824.15 BC1000 Trade In - 9,222.00 DATE 9/1/2009 SELLER John Gomez 951- 529 -0184 Total 33,824.15 DATE BUYER sse is 030MC1101 MR OVISMI M wMedfide r or, coolde 1011 OWN as in this dowrrtadl and its rights to sales proceeds WAMhp tradein &SWW reti!W gtarMl ho hWh Star Oererrod Muhm p Cory. as pat of &tC See. 1011 *xcb"e 243 Vermeer0 1300 Kona Dr, Rancho Dominguez 90220 -5407 Pacific City of El Segundo 150 Illinois Street El Segundo, CA 90245 Attention: Gary Mullins Subject: Vermeer BC1200XL Chippers Dear Gary, Thank you for your interest in Vermeer Manufactured Products. Vermeer Pacific is the sole source, authorized dealer for Vermeer BC1200XL Brush Chippers for the entire state of California. This distributorship is exclusive, meaning Vermeer Pacific is the only legitimate source through which to purchase new and fully warranted Vermeer products, parts and service in California. We are very proud of our product and our exceptional dealer support. Last year, Vermeer Pacific again was awarded Platinum Dealer status, which is based in a broad range of metrics including, parts availability, quality of facilities, training, customer satisfaction and market share. Our market share for chippers and stump cutters in California is currently running at 81.8 %. That is largely due to our passive safety features and strong customer support. Thanks again for your interest. We very much appreciate your business. With best regards, John Gomez Vermeer Pacific Office: 310- 223 -2400 Cell: 951 - 529 -0184 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to renew the City's agreement with TruGreen LandCare, for landscape maintenance services. (Fiscal Impact: $150,095) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to execute a renewal to Landscape Maintenance Agreement # 3421 with TruGreen LandCare, in a form approved by the City Attorney. (2) Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: (1) Renewal letter from TruGreen Landcare. FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $150,095 Additional Appropriation: N/A Account Number(s): 001- 400 -5102 -6206 ORIGINATED BY: Mark Trujillo, Park Superintendent `ikol REVIEWED BY: Bob Cummings, Director of Recreation and Parks APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: TruGreen LandCare has been successfully providing the City with landscape maintenance services for several years. Their exceptional services have made a positive impact for our various green spaces, parks, Douglas Street Median and parking lot, and Campus El Segundo. For FY 09 -10, a proposal was submitted without a cost increase over FY 08 -09. Staff recommends executing a renewal to the agreement commencing December 2009 and ending September 2010. 214 5 November 11, 2009 Mark Trujillo Parks Superintendent City of El Segundo 350 Main Street El Segundo, CA 90245 310/5242716 Re: Renewal of Agreement 3421 Dear Mr. Trujillo, TruGreen LandCare 1,323 west 130th Street Gardena, CA, 94247 Office: 310-3&1 -1624 Fax: 31443234780 West L.A. Branch 6246 TruGreen LandCare would like to extend our current landscaping and irrigation services agreement with the City of El Segundo from October 2009 through September 2010 at the current rate of $ 15,009.50 per month. The scope of work and all other terms and conditions of the contract will remain as is. Furthermore, we will not be requesting an increase to the contract. Please feel free to contact me with any questions or concerns at (310) 3541520. Sincerely, TruGreen Land e Kevin L. Watts Branch Manager ,'24E EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the request from "El Segundo Broadway in the Park" to host a week -long professional theater performance in July 2010 at Recreation Parks' Softball Field. "El Segundo Broadway in the Park" is requesting the rental fees be waived for use of the field. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Approve the fee waiver request from "El Segundo Broadway in the Park" for the amount of $3,850. (2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Jeff Van Fossen, Acting Recreation Superintendent REVIEWED BY: Bob Cummings, Recreation & Parks Director tvl- APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: El Segundo Broadway in the Park is a group that is proposing a week -long outdoor professional theater production. The Director of this proposed organization is in the process of applying for non - profit status (5010) with the State of California. The production would consist of five performances, Wednesday, July 28 through Sunday, August 1, 2010. The proposed venue for this production is the Softball Field at Recreation Park. El Segundo Broadway in the Park would occupy the Softball Field between July 23 and August 2. Friday, July 23 through Tuesday, July 27 would be used for load -in, technical set -up and rehearsals, while Monday, August 2 would be used for break -down and removal of the stage and equipment. There would be minimal impact to the user groups of the Softball Field during this time, as this is typically several weeks after the completion of the Spring youth sports season. Staff has identified a potential minimal impact to the Softball Field itself, including possible compaction of the turf and damage to the grass. The production would be performed on a large stage (approximately 40' x 30') built on the in- field dirt area with the audience seated in the outfield grass area. 241 1 0 These performances would bring professional theater to an estimated 500 community members each night. General Admission Seating will be $20 per ticket, while V.I.P. Seating will be $40 per ticket, with half of the V.I.P. Seating ticket proceeds donated to the advancement of El Segundo Broadway in the Park. In addition, various community groups, including Recreation & Parks Department classes and programs, would be invited to perform during the pre -show entertainment. The founder of El Segundo Broadway in the Park, Jeff Cason, is interested in developing a partnership between his proposed organization and the City of El Segundo. Staff has identified a total of $7,400 in field rental, staffing and field renovation fees for this request. El Segundo Broadway in the Park is requesting that the field rental fee portion be waived, which totals $3,850. El Segundo Broadway in the Park has agreed to pay the remaining $3,550 in staffing and field renovation fees. In exchange for the fees being waived, El Segundo Broadway in the Park would allow the Recreation & Parks Department Youth Drama program to borrow lighting, sound, and set equipment for future productions. In summary, El Segundo Broadway in the Park would bring a premier professional theater to the City of El Segundo. It would allow for many local actors and actresses to showcase their talent, along with providing a platform for our Recreation & Parks Department classes and programs to perform during pre -show entertainment. The Recreation & Parks Commission recently offered support for this venture, approved its concept, and recommended approval of the fee waiver at the October 21, 2009 Recreation & Parks Commission Meeting. While we propose to waive the field rental fees in the amount of $3,850, please note that we will recover costs for staffing and field renovation. In addition, although we will not profit from this event, we will also not incur any additional cost to the City. Thank you for your consideration. 0 w EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the second reading and adoption of Ordinance No. 1436 to amend Title 4, Chapter 11 regulating motion picture, radio, and television production within the City of El Segundo. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Waive second reading and adopt Ordinance No. 1436 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Ordinance No. 1436 amending Title 4, section 11. FISCAL IMPACT: None Amount Budgeted: $None Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Deborah Cullen, Director of Finance REVIEWED BY: Mark Hensley, City Attorne APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: On November 17, 2009, the City Council discussed and made numerous motions for changes to the proposed draft Ordinance to amend the El Segundo Municipal Code's regulation of filming in the City of El Segundo. After each motion was approved by the City Council, the new draft Ordinance was introduced and the first reading was waived. The second reading and of adoption of the Ordinance was scheduled for December 1, 2009. Those changes are reflected in the attached draft ordinance. (Background and Discussion continued on the next page) 1 1 249 Major Changes • Reducing from 300 to 275 feet the radius surrounding a filming site which is presumed to be affected by filming and activities ancillary to filming. • Amend "no impact filming" to include that it is imperceptible from properties other than the property on which the filming is being conducted. • Authorize the City Manager to establish administrative policies and procedures which would require some film permittees to use particular types of equipment and utilize film monitors. • Increase maximum number of filming days allowed from twenty (20) days to twenty -five (25) days for any address within a proximity zone in the current calendar year. • Filming East of Sepulveda Boulevard or South of El Segundo Boulevard, establish the maximum number of filming days allowed for any address within a proximity zone to be eighty (80) days unless it is no impact filming. • The twenty -five (25) day maximum may be increased if there are no neighbor protests within the proximity zone. • There are no maximum filming days for no impact filming. • All filming and ancillary activities must cease not later than 10:00 p.m. except for filming and ancillary activities East of Sepulveda Boulevard or South of El Segundo Boulevard are permitted at all times unless the site is within 275 feet of a commercial lodging facility. ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL SEGUNDO. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The definitions of "impact zone," "no impact filming," and "still photography" set forth in El Segundo Municipal Code ( "ESMC ") § 4 -11 -2 are amended to read as set forth below. The definitions of "still photography" is added to read as follows: "Proximity zone" means the area within a 275 foot radius surrounding a filming site which is presumed to be affected by filming and activities ancillary to filming. It is presumed that residential areas beyond the proximity zone are not impacted by filming. "No impact filming" means filming that occurs pursuant to the terms of a valid permit that is conducted in a manner where light, sound, smell, or vibrations resulting from the filming, or activities ancillary to filming, is imperceptible from properties other than the property on which the filming is being conducted. "Still Photography" means and includes all activity attendant to staging or shooting commercial still photographs. Still photography does not require a permit if it involves only hand - carried equipment (tripod, interchangeable lenses, flash), and does not involve product or service advertisement, or use of models, props or sets. Normally this type of photography involves less than ten people and is completed in less than four hours. SECTION 2: All references to "impact zone" within Chapter 4 -11 are changed to "proximity zone." SECTION 3: ESMC § 4 -11 -16 is amended to read as follows: "4- 11 -16: ADMINISTRATIVE POLICIES AND PROCEDURES: The city manager is authorized and directed to promulgate administrative policies and procedures governing the form, time, and location within the city to implement this chapter. The rules and regulations can be based upon the following criteria: A. Traffic congestion at particular locations within the city; B. The written consent of all property owners or occupants in possession of property within the impact zone, as determined by the administrator and in accordance with this chapter; C. The safety and convenience of all persons; D. The disruption of normal activities of all persons at particular locations within the city; E. The safety of property within the city; F. Whether particular types of equipment are required for certain film sites to reduce the impact on neighbors. Such equipment may include, without limitation, tow plant generators; and G. Whether a film monitor is required to oversee filming at certain filming sites. If a film monitor is required, permittees must also abide with a filming code of conduct identified by the administrator. The cost of a monitor must be borne by permittees." SECTION 4: ESMC § 4 -11 -17 is amended to read as follows: "4- 11 -17: MAXIMUM NUMBER OF FILMING DAYS ALLOWED: A. Except as otherwise provided, no permit can be issued if it will result in any address being located within a proximity zone for more than twenty - five (25) days during a calendar year. B. For filming proposed East of Sepulveda Boulevard and South of El Segundo Boulevard, no permit can be issued if it will result in any address being located within a proximity zone for more than eighty (80) days during a calendar year. C. The administrator may increase the twenty -five (25) day maximum if there are no neighbor protests from within the proximity zone of the filming site. D. There are no maximum filming days for no impact filming." SECTION 5: ESMC § 4 -11 -23 is amended to read as follows: "4- 11 -23: GENERAL PERMIT CONDITIONS — ADDITIONAL REQUIREMENTS: A. The permit, in its entirety, must be in the possession of the permittee at all times while filming. I) r- + A; J_� 2 B. A permittee must conduct operations in an orderly fashion. The area used must be cleaned of trash and debris upon completion and before leaving the filming site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount may be determined by the administrator. C. Vehicle parking for all filming related activities must be in accordance with the administrator's directions. D. All camera cars must have a police escort. The administrator may determine how many police officers will be required to escort camera cars. E. All filming and ancillary activities must commence not earlier than 7:00 a.m. and cease not later than 10:00 p.m.. Filming and ancillary activities East of Sepulveda Boulevard and South of El Segundo Boulevard must commence and cease at the times indicated by a valid permit, except for filming and ancillary activities occurring within 275' of hotels which must commence not earlier than 7:00 a.m. and cease at 10:00 P.M. F. Permittees must protect any neighbors within a proximity zone from glare caused by lighting used for filming after sunset. G. Production companies cannot place equipment or vehicles on private property without the private property resident's written consent." SECTION 6: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full 3 R: J `� force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: 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 10: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor 4 +• J ,;� 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 , 2009, 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 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney 9 Ir _'J% Redline comparison between current regulations and proposed amendments. ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL SEGUNDO. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The definitions of "impact zone," "no impact filming," and "still photography" set forth in El Segundo Municipal Code ( "ESMC ") § 4 -11 -2 are amended to read as set forth below. The definitions of "still photography" is added to read as follows: 4gMPAGT- ZONE, ThaProximity zone" means the area within a thFee #+ ed2.7-5 foot (390') radius surrounding a filming site which is presumed to be affected by filming and activities ancillary to filming. It is presumed that residential areas beyond the proximity zone are not impacted by filmina "No impact filming" means .filmina that occurs pursuant to the terms of a valid permit that is conducted in a manner where light, sound, smell, or vibrations resulting from the filming, or activities ancillary to filming, does not inteFfeFe with neighbOFS' remfeFtable enjoyment Of 149 OF e+is imperceptible from properties other than the property on which the filmina is beina conducted. I M •- • •1• •• •1 1 • - - 1.1 -1 • -•� - • •�I� - -• 1 - 1.1 • 1• SECTION 2: All references to "impact zone" within Chapter 4 -11 are changed to "proximity zone." SECTION 3: ESMC § 4 -11 -16 is amended to read as follows: "4- 11 -16: ADMINISTRATIVE POLICIES AND PROCEDURES: A.—The city manager is authorized and directed to promulgate administrative policies and procedures governing the form, time, and location within the city to implement this chapter. The rules and regulations can be based upon the followina criteria: B. A. J �, L Traffic congestion at particular locations within the city; B, € -The written consent of all property owners or occupants in possession of property within the impact.zone, as determined by the administrator and in accordance with this chapter; C,. The safety and convenience of all persons; D,. The disruption of normal activities of all persons at particular locations within the city; E, # -The safety of property within the city; Whether particular tunes of eguipment are required for certain film sites to reduce the impact on neighbors. Such equipment may include . without limitation, tow plant generators; and Q, Whether a film monitor is reauired to oversee filming at certain filmina sites. If a film monitor is reauired. nermittees must also abide with im • ll •- •• I- • •- 11 -- SECTION 4: ESMC § 4 -11 -17 is amended to read as follows: "4- 11 -17: MAXIMUM NUMBER OF FILMING DAYS ALLOWED: A. permit can be issued if it will result in any address being located within an proximity zone for more than twenty--fiYa (2-925) days PeFied. The administi:atei: may ffiRGFease this twenty (20) day FnaXiFAWFF1 to ••' - - - -- _ • l • J t - administator may increase the twenty-five day maximum if there hbor protests fr• 1 l the proximity z•I- • filmina ! site. J t l" • Il- ll .l u • •- • l• 1.- 11 — SECTION SECTION 5: ESMC § 4 -11 -23 is amended to read as follows: "4- 11 -23: GENERAL PERMIT CONDITIONS; - ADDITIONAL REQUIREMENTS: A. 4-.The permit, in its entirety, must be in the possession of the permittee at all times while filming. B,. 9-A permittee must conduct operations in an orderly fashion. The area used must be cleaned of trash and debris upon completion and before leaving the filming site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount may be determined by the administrator. -Q- 9- Vehicle parking for all filming related activities must be in accordance with the administrator" s directions. D. All camera cars must have a police escort. The administrator may determine how many police officers will be required to escort camera cars. E.,. -All filming and ancillary activities must commence not earlier Nan 7:00 a.m. and cease not later than ten O'GIGGk iRGIude, without limitation, stFiking sets, leadiRg equipment, and vehiGle tFaMG10.00 p.m. Filming and ancillary activities East of Sepulveda Boulevard and South of El Segundo Boulevard must commence and cease at the times indicated by a valid permit, except for filming and ancillary activities occurring within 275' of hotels which must commence not earlier than 7.00 a.m. and cease at 10:00 p.m. F G-. Permittees must protect any neighbors within a a-ft — proximity zone from glare caused by lighting used for filming after sunset. G. 9-.Production companies cannot place equipment or vehicles on private property without the private property resident!-'s written consent." SECTION 6: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., 4' 5'7 "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: The City 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 10: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2009. 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 , 2009, 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 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney in Karl H. Berger, Assistant City Attorney 1. J ;) Redlined comparison - ordinance as amended at introduction and second reading. ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO CHAPTER 4 -11 REGULATING MOTION PICTURE, RADIO AND TELEVISION PRODUCTION WITHIN THE CITY OF EL SEGUNDO. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The definitions of "impact zone," "no impact filming," and "still photography" set forth in El Segundo Municipal Code ( "ESMC ") § 4 -1142 are amended to read as set forth below. Oefini ie�sThe definitions of "still photography" and "StFike daysLareil added to read as follows: "Proximity zone" means the area within a 275 foot radius surrounding a filming site which is presumed to be affected by filming and activities ancillary to filming. It is presumed that residential areas beyond the proximity zone are not impacted by filming. "No impact filming" means filming that occurs pursuant to the terms of a valid permits is conducted in a manner where light, sound, smell, or vibrations resulting from the filming, or activities ancillary to filming, is imperceptible from properties other than the property on which the filming is being conducted. "Still Photography" means and includes all activity attendant to staging or shooting commercial still photographs. Still photography does not require a permit if it involves only hand - carried equipment (tripod, interchangeable lenses, flash), and does not involve product or service advertisement, or use of models, props or sets. Normally this type of photography involves less than ten people and is completed in less than four hours. „ sets, IeadiRg equipment, and hauling equipment." SECTION 2: All references to "impact zone" within Chapter 4 -11 are changed to "proximity zone." SECTION 3: ESMC § 4 -11 -16 is amended to read as follows: "4- 11 -16: ADMINISTRATIVE POLICIES AND PROCEDURES: The city manager is authorized and directed to promulgate administrative policies and procedures governing the form, time, and location within the city to implement this chapter. The rules and regulations can be based upon the following criteria: r) "N r r., U l.1 A. Traffic congestion at particular locations within the city; B. The written consent of all property owners or occupants in possession of property within the impact zone, as determined by the administrator and in accordance with this chapter; C. The safety and convenience of all persons; D. The disruption of normal activities of all persons at particular locations within the city; E. The safety of property within the city; F. Whether particular types of equipment are required for certain film sites to reduce the impact on neighbors. Such equipment may include, without limitation, tow plant generators; and G. Whether a film monitor is required to oversee filming at certain filming sites. If a film monitor is required, permittees must also abide with a filming code of conduct identified by the administrator. The cost of a monitor must be borne by permittees." SECTION 4: ESMC § 4 -11 -17 is amended to read as follows: "4- 11 -17: MAXIMUM NUMBER OF FILMING DAYS ALLOWED: A. Except as otherwise provided, no permit can be issued if it will result in any address being located within a proximity zone for more than twenty -five (25) days during a calendar year. B. For filming proposed East of Sepulveda Boulevard and South of Rapt Gra iand EI Seaundo Boulevard, no permit can be issued if it will result in any address being located within a proximity zone for more than eighty (80) days during a calendar year. C. The administrator may increase th4jk twenty -five (25) day maximum if there are no neighbor protests from within the proximity zone of the filming site. D. There are no maximum filming days for no impact filming." SECTION 5: ESMC § 4 -11 -23 is amended to read as follows: "4- 11 -23: GENERAL PERMIT CONDITIONS REQUIREMENTS: — ADDITIONAL 2 2bt 6-The permit, in its entirety, must be in the possession of the permittee at all times while filming. F,. C-A permittee must conduct operations in an orderly fashion. The area used must be cleaned of trash and debris upon completion and before leaving the filming site(s). A deposit to assure that a permittee removes all trash and debris from the filming site(s) may be required. This requirement and the amount may be determined by the administrator. F,. D--Vehicle parking for all filming related activities must be in accordance with the administrator's directions. Q- E, All camera cars must have a police escort. The administrator may determine how many police officers will be required to escort camera cars. F. All filming and ancillary activities must commence not earlier than 7 :00 a.m. and cease not later than 81Q:00 p.m. . p. FA. Filming and ancillary activities East of Sepulveda Boulevard and South of Ea6t GFand AveRue FnustEl Seaundo Boulevard must commence and cease at the betimes indicated by a valid permit.., except for filming and ancilla[y activities occurring within 275' of hotels which must rnmmenrp not earlier than 7:00 a.m. and cease at 10:00 p.m. EE. G-.-Permittees must protect any neighbors within a proximity zone from glare caused by lighting used for filming after sunset. -0- H-.-Production companies cannot place equipment or vehicles on private property without the private property resident's written consent. ea weekends -" SECTION 6: This ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further 3 �6� CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 9: The City 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 10: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2009. Kelly McDowell, Mayor 4 263 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of 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 , 2009, 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 , 2009, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney A Karl H. Berger, Assistant City Attorney 5 � ri EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to General Lighting and Electric, Inc. for the installation of new lighting poles and conduits at Joslyn Center (339 Sheldon Street).: Project No.: PW 09 -14 (Fiscal Impact: $13,000.00) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with General Lighting and Electric, Inc., in the amount of $11,910.00 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Requested: $13,000.00 Additional Appropriation: No Account Number(s): 001 - 400 -5102 -6206 l— ORIGINATED BY: Maryam M. Jonas, Principal Engineer REVIEWED BY: Dana Greenwood, Public Works Director APPROVED BY: Jack Wayt, City Manager BACKGROUND AND DISCUSSION: On October 20, 2009, the City Council authorized staff to advertise a project that would install new lighting poles and conduits at Joslyn Center for receipt of construction bids. On November 10, 2009, the City Clerk received and opened three (3) bids as follows: 1. General Lighting and Electric, Inc. $11,910.00 2. Oceanstate Development, Inc. $15.100.00 3. Ace Electric, Inc. $16,600.00 The recommended contract will provide three (3) new walkway lights with energy efficient bulbs adjacent to the Softball Field. General Lighting and Electric, Inc. references verified successful experience with similar project. Staff recommends awarding the contract to the lowest responsible bidder, General Lighting and Electric, Inc. in the amount of $11,910.00. The total amount ($13,000.00) requested includes the contract amount of $11,910 and an additional $1,090 for contingencies. 265 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action on awarding RFP No. #09 -17 (Police Towing and Storage Services) to Manhattan Beach Towing as the City's primary tow contractor, and authorize the City Council to execute a four -year agreement in a form approved by the City Attorney with three one -year term extensions, for a maximum total contract length of seven years. (Fiscal Impact: None.) RECOMMENDED COUNCIL ACTION: 1. Award a four -year contract to Manhattan Beach Towing as the City's primary tow contractor; 2. Authorize the City Manager to execute an agreement in a form approved by the City Attorney with Manhattan Beach Towing; 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Towing bid matrix Proposal submitted by Manhattan Beach Towing FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Bob Turnbull, Captain 13v' REVIEWED BY: David Cummings, Chief of APPROVED BY: Jack Wayt, City Manager/ BACKGROUND AND DISCUSSION: The City contracts with a towing company to provide towing and storage for vehicles when necessary (i.e. illegal parking, traffic accidents, arrests, stolen vehicles, etc.). On average, the City orders 65 tows per month. On August 27, 2009, RFP #09 -17 was issued to eight tow companies. Completed proposals were due back on September 17, 2009. The City received proposals from the following seven tow companies: ABA Tow, Hisham's Tow, Manhattan Beach Towing, Roman's Towing, Southside Tow, US Tow, and Van Lingen Tow. �1 3 E) �_, The RFP designated several requirements; these included secured garage facilities, vehicle storage capacities, distance from city civic center, physical site security, and tow rates etc. Staff reviewed the proposals and determined all seven companies met the requirements of the RFP but had some questions about the fees. Staff asked for and received clarification about fees from four of the vendors. The City Attorney's office conducted a review of public records for a civil background check on the seven companies. This review included an inspection of complaints filed with regulator and consumer agencies, civil litigation records, and publicly accessible criminal records to locate any matters involving the proposed operators and their principals. The City's current towing contract is with Manhattan Beach Towing. The Police Department's staff consensus is that the City and community have received excellent service from Manhattan Beach Towing for the past seven years with an absolute minimum of citizen complaints. Based upon business location, background and reference checks, service costs, and a seven -year history of reliable service, staff recommends that Manhattan Beach Towing again be the City's tow company. Staff placed this matter on the agenda for the November 17 City Council Meeting. However, only the pages that clarified the original bid, but not the original response itself, were included in the Council packet, which may have made it appear incomplete. Therefore, the police chief had the item moved to this meeting. Since then, staff requested a third clarification from Manhattan Tow. The original bid and the first and second clarifications of that bid are now all included in Council's material. Finally, staff asked that Manhattan Tow address an accusation by another bidder that they do not conduct lien sales properly. Manhattan Tow responded that they follow all applicable laws and that verified their compliance with the DMV. Staff believes that if Manhattan Tow has been violating the law the issue would likely have arisen through the civil court process at some time in the prior seven years and the City Attorney's records review would have discovered it. Further, any tow company found to be violating these or any laws, would also violate the terms of the City's contract which would make the contract subject to cancellation. Staff believes Manhattan Tow is the best bidder and recommends Council authorize the City Manager to execute the agreement. �' 6 7 y Z Q OLO LO ° o 0 L LO LO LO LO LO o0 to LO O r M d' co M LO CO � 11 O N CO LO CO IX 6r. vk � 69 69 69 69 69 6ca 69 69 64 64 Eg 64 69 Z O O W LO Lq LO LO r r LO Z (' OD O CA U-) M M M ICT Q? 0) 0Oj r 0 0 0 0 0 O O �j J 69 tfi a 69 EA 64 69 69 Eg 69 � 69? 69 64 69 E9 O LO O N LO ao ao O T co T O 0 0 0 0 0 LO N O CA N N M H 64 69 69 69 69 69 69 69 64 69 69 69 69 69 6~T 69 69 W LO Ln Lo V) N p LO O LO o .- N v- N C_ N ` ` 6R 69 69 6fi t E = L L C+ C+ U O 0 LO .O O O o lf) Lo LO O a C r. 0 .2 +r O LO O O O O O O O N N 04 N M Vi 69 69 M r' M T- 64 69 69 63 69 69 64 V. 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Packets may be obtained from the El Segundo Police Department, Administrative Sergeant or by Federal Express. Call (310) 524 -2268, for delivery via Federal Express. Have your Federal Express account number available. Please refer to specifications for complete details and bid requirements. The specifications in this notice are a part of any contract awarded in accordance with this RFP. h�A4d Y7"/p Purchasing Agent 26J CITY OF EL SEGUNDO REQUEST FOR PROPOSAL PROPOSAL # 09 -17 PROPOSALS ARE DUE: NOT LATER THAN 11:04 A.M. Thursday, September 17, 2009. The City of El Segundo invites sealed proposals for: Police Towing and Storage Services The City of El Segundo is seeking proposals from qualified firms to provide Police Towing and Storage Services. 1. Return original of Proposal to: City of El Segundo City Clerk 350 Main Street, Room 5 El Segundo, CA 90245 -3813 2. Proposer must honor proposal prices for sixty (60) days. 3. Proposals must include this Proposal form and be signed by the vendor's authorized representative. 5. Award of a contract will be made by the City Council based upon the criteria set forth in this RFP and will be made based upon the best qualified proposer rather than lowest price. PROPOSER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The undersigned agrees to furnish the commodity or service stipulated on this proposal as stated above. 1+6.22MAR1Nr.At RLAW v04LA;,PA g0160 Address Signature Mf}NNA*TTAAl. R Er'A 014 Company MoH9EA1.A4 Ai 1) Name (Print) OW 674 -3 400 Company Phone No. oWA/ R Title of Person Signing Bid 0 �-. 9.,o PROPOSAL INSTRUCTIONS Submitting Proposals. (a) Proposals must include this form, in its entirety, in a sealed envelope with the wording "Proposal," proposal number and closing date marked on the outside; (b) Proposals /corrections received after the closing time will not be opened. The City is not responsible for proposals not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Alternatives. Any changes or alternatives must be set forth in a letter attached to this proposal. The City has the option of accepting or rejecting any alternative proposal. 3. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. 4. Preparation. All proposals must be typed or written in black ink. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the proposal. 5. Resection. The City may reject any or all proposals and waive irregularity in any proposal. 6. Default. In case of default by the vendor of any of the conditions of this proposal or contract resulting from this proposal, the vendor agrees that the City may procure the services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made. 7. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 8. Sub contractors. The Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 9. Indemnification. The extent of a successful contractor's obligation to indemnify and defend the City is set forth in the sample contract attached to this RFP. 10. Bonds. When deemed necessary by the City, bid bonds must be furnished by all proposers in the amount of at least 10% of the bid to guarantee that proposers will enter into contract to furnish goods at prices stated. Likewise, a Performance Bond 2 4 9 must be required of the successful proposer when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). 11. Insurance. This is a contract involving services and the City requires insurance. Insurance must be primary insurance and must name the City of El Segundo as an additional insured. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $1,000,000, automotive in the amount of $1,000,000, worker's compensation in accordance with California law and Garage Keeper's Liability of $1,000,000 each occurrence/$2,000,000 policy aggregate. Specific insurance requirements are set forth in the sample contract. BIDDERS MUST SIGN AND RETURN EXHIBIT B, INSURANCE REQUIREMENTS, WITH THEIR PROPOSAL. 12. On -Site Inspection. A tour of your location facility will take place after the proposals are opened as part of the evaluation process. Date and time to be determined later. 13. Proposal Reiection. The City may reject the proposal of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the proposal of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the proposal of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of El Segundo. 14. Contract Pricing. Except as otherwise provided, price proposals must remain consistent through the term of this contract. 15. Proposal Questions. Questions should be forwarded on letterhead to: City of El Segundo Police Department Attn: Sgt. Jeff Leyman 348 Main Street El Segundo, CA 90245 Questions may also be faxed to (310) 607 -9171 The last day for questions and site visits will be the Friday before the proposals are due. 1 �1 s. .: CONTRACT_ SAMPLE The successful bidder will be required to enter into the sample contract that is attached as Exhibit "C." STATEMENT OF WORK AND FORMAT The City of El Segundo (City) requests proposals for the following purpose according to the terms and conditions attached. In the preparation of this Request for Proposal the words "Bidder," "Contractor," and "Consultant" are used interchangeably. CITY MANAGER - the City Manager of the City. CHIEF OF POLICE - the Chief of Police of the City of El Segundo or his authorized representative POLICE DEPARTMENT - the Police Department of the City of El Segundo. OPERATOR/BIDDER - the tow service and vehicle storage owner submitting the Proposal. ALTERNATE OPERATOR - a vehicle tow and storage service acting on the behalf the operator. Purpose: To provide a work force of company licensed/skilled towing equipment operator personnel, materials, tools, equipment, and transportation to perform towing services at public and private properties under the jurisdiction of the City of El Segundo's Police Department. The Contractor shall be responsible for supplying all supplies and equipment, which are required in connection with the services to be performed under contract. 2. Proposal Schedule: Following is a tentative schedule of events: Request for Proposal mailing: Deadline for Written Questions: Responses to Questions: RFP Opening: City Council Award: Contract Execution and Start: Proposal Requirements Thursday, August 27, 2009 Friday, September 4, 2009 @ Noon Thursday, September 10, 2009 Thursday, September 17, 2009 @ 11:00 a.m. Tuesday, October 6, 2009 October 7, 2009 Three copies of the proposal must be received by the City of El Segundo, 350 Main Street Room 5, El Segundo, CA 90245 -3895, Attn: City Clerk, not later than 11 :00 a.m. on Thursday, September 17, 2009. 4 2 - Evaluation of Proposals The proposals will be reviewed by City staff. Proposals will be evaluated based on the following qualifications criteria: Contractor's understanding of scope of work. 2. Contractor's approach to performing the tasks defined in the Scope of Work. 3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization. Recommendation to City Council for Contract Award Interviews of the top firms may be required. The successful contractor will be selected by the City Council based upon the criteria set forth above and the City's sole discretion. The City Council is under no obligation to contract with any applicant. 3. Introduction /Background: City wishes to provide towing services and garage impound and storage facilities for the purposes of towing away and impounding all motor vehicles (i) involved in traffic accidents; (ii) violating various sections of federal or state law (including, without limitation, the California Vehicle Code) or the El Segundo Municipal Code ( "ESMC "); (ill) being held by the El Segundo Police Department (the "Police Department" as evidence in criminal cases; and (iv) for such other tow -away or impound services whether for public or private property as City requests from time to time. 4. Obiective(s)/Work Products: Refer to the terms of the Agreement included as Exhibit A 5. Work Statement: Refer to the terms of the Agreement included as Exhibit A 6. Required Qualifications: Refer to the terms of the Agreement included as Exhibit A 7. Time Schedule: 7 p D The initial term of this Agreement is a four -year period with an option for three one - year additional terms, for a maximum total contract length of seven years, effective upon receipt of a fully executed City of El Segundo Professional Services Agreement (Contract). This Agreement may be terminated by the City, in its sole discretion, upon written notice to the Operator, at any time during the term of this Agreement. 8. Response Submittal Requirements. (a) CONTENTS OF PROPOSAL Submitted proposals must follow the format outlined below and all requested information must be supplied. Failure to submit proposals in the required format will result in elimination from proposal evaluation. FORMAT Each proposal must be submitted in two parts: Part I must relate to the Technical Proposal Part 11 must relate to the Cost Proposal PART I - TECHNICAL PROPOSAL Cover Letter - Must include the name, address, and telephone number of the company, and be signed by the person or persons authorized to represent the firm. Table of Contents - Clearly identify material contained in the proposal by section and page number. Introduction (Section 1) - Contents to be determined by contractor. Project Analysis (Section 2) - Provide an explanation and interpretation of the challenges identified in this RFP. Objective, Scope, Nature of Proposed Program (Section 3) - Describe the overall approach to the challenges, including the objective and scope of work to be performed by the contractor Work Program (Section 4) - Describe the work or tasks to be performed. Methodology (Section 5) - Describe the methodology and techniques to be employed. Project Management (Section 6) - Describe the proposed management structure, organization of contracting group, and facilities available. 6 Assigned Personnel (Section 7) - Identify the principals having primary responsibility for implementing the proposal. Discuss their professional and academic backgrounds. Provide a summary of similar work they have previously performed. List the amount of time, on a continuous basis, that each principal will spend on this project. Describe the responsibilities and capacity of the technical personnel involved. Substitution of project manager and/or lead personnel will not be permitted without prior written approval of the City. Schedule (Section 8) - List the proposed schedule of activities including labor hours. Program Monitoring (Section 9) - Describe the quality control procedures to be utilized during the project to ensure conformance with the scope of work. City Resources (Section 10) - Describe and City services and staff resources needed to supplement contractor activities to achieve identified objective(s). Subcontractors (Section 11) - If subcontractors are to be used, identify each of them in the proposal. Describe the work to be performed by them and the number of hours or the percentage of time they will devote to the project. Provide a list of their assigned staff, their qualifications, relationship to project management, schedule, costs, and hourly rates. Contractor Capability and References (Section 12) - Provide a summary of the firm's relevant background experience. Discuss the applicability of such experience to this RFP. Include examples of projects completed for other similar agencies that are of a similar nature and a contact person for each of those clients. Alternative Proposals (Section 13) - Provide statements of alternative proposals, if any, labeled "Alternative Proposal Number One, Alternative Proposal Number Two," etc. The format of each altemative proposal submitted may be abbreviated to address just the following: a. Work Program b. Methodology c. Assigned Personnel Conflict of Interest (Section 14) - Address possible conflicts of interest with other clients affected by actions performed by the firm on behalf of the City. Although the bidder will not be automatically disqualified by reason of work performed for other parties, the City reserves the right to consider the nature and extent of such work in evaluating the proposal. PART II - COST PROPOSAL Name and Address 7 �7 U The Cost Proposal must list the name and complete address of the bidder in the upper, left -hand corner. (b) PROPOSAL SUBMISSION All proposals must be submitted according to specifications set forth in Section 8 (a) - Contents of Proposal and this section. Failure to adhere to these specifications may be cause for rejection of proposal. Signature. An authorized representative of the bidder MUST sign all proposals. Il. Due Date. The proposer must submit THREE (3) complete copies of the proposal in a sealed envelope, plainly marked in the upper, left -hand corner with the name and address of the bidder and the words "Request for Proposal # 09 -17. All proposals must be received before 11:00 a.m. on Thursday, September 17, 2009, and should be directed to: City Clerk City of El Segundo 350 Main Street, Room 5 El Segundo, CA 90245 -3813 Late bids /proposals will not be accepted. Any correction or resubmission done by the proposer will not extend the submittal due date. III. Addenda. City may modify the proposal and/or issue supplementary information or guidelines relating to the RFP during the proposal preparation period of Thursday, August 27, 2009 to Thursday, September 10, 2009. IV. Rejection. A proposal may be deemed nonresponsive and may be immediately rejected if: - It is received at any time after the exact date and time set for receipt of proposals and/or; - It is not prepared in the format prescribed and /or; - It is signed by an individual not authorized to represent the firm. V. Disposition of Proposals. The City reserves the right to reject any or all proposals. All responses become the property of the City. One copy of the proposal must be retained for City files. Additional copies and materials will be returned only if requested and at the bidder's expense. VI. Proposal Changes. Once submitted, proposals, including the composition of the contracting team, cannot be altered without the prior written consent of the City. i 2 '17 All proposals constitute an offer to the City and may not be withdrawn for a period of sixty (60) days after the last day to accept proposals. Proposals will be evaluated on the following criteria: Contractor's understanding of scope of work. 2. Contractor's approach to performing the tasks defined in the Scope of Work. 3. Capability of firm and key project personnel to handle the project in terms of workload, experience, and efficient staff utilization During the selection process, the evaluation panel may wish to interview bidders with scores above a natural break, for clarification purposes only. No new material will be permitted at this time. 9 o , Exhibit B INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $1,000,000 Garage Keeper's liability: $1,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement. Commercial general liability insurance must meet or exceed the requirements of the most recent ISO -CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Garage keeper's liability coverage must be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," the Consultant must continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of the Consultant, or its officers, employees or agents during the time this Agreement was in effect. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol I (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this form may render the bidder's proposal "nonresponsive." q- 05--ool, H5 - ,.✓MA -11J Date Bidder t0 110 ry 9 CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 WORK STATEMENT GENERAL 1.1 Statement of Work The operator must provide a work force of company licensed/skilled towing equipment operator personnel, materials, tools, equipment, and transportation to perform towing services at public and private properties under the jurisdiction of the City of El Segundo's Police Department. The Operator shall be responsible for supplying all supplies and equipment, which are required in connection with the services to be performed under contract. 1.2 Financial Statement The bidder shall provide a balance sheet for the last operating year, plus additional information updating this statement. 1.3 Hourly Rate /Certdied Payroll The bid document must reflect all charges for labor, materials, tools, and transportation must include overhead and profit. A breakdown of hourly rates for towing personnel or supervisor(s) is not required. 1.4 Crew Personnel - Rejection/Replacement The City reserves the right to reject any crew personnel or supervisor of the operator's work force. It is the operator's responsibility to replace such rejected workers in a manner that will not affect the performance of the contract responsibilities as specified in the contract document. 1.5 Work Force /Schedule /Shift/Manpower 1.5.1 The work force must consist of company skilled towing personnel and include any subcontractors. The designated Leadworker must have the ability to communicate with City staff in English. In the event of the absence of the regular Leadworker, it is the responsibility of the operator to designate an acting Leadworker to oversee the crew while performing the towing operations specified by the contract. The operator must notify the City of any such designation before the beginning of any shift by contacting the Watch Commander's office at (310) 524 -2255. 1.5.2 Identification of Vehicles: All vehicles and equipment utilized in connection with the contract must be visibly marked with company identification. 1.5.3 All employees must be at least eighteen (18) years of age thoroughly trained and qualified in the work assigned to them. 2009 -OB -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A -- Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 1.5.4 Operator must provide uniforms to the employees who are assigned to do the work on the contract, so that the operator's employees may be easily identified. Uniforms must bear the employee's name and the company's name and/or logo and present a professional appearance. 1.5.5 At the discretion of the Chief of Police,., the Operator and his employees may be fingerprinted at the Police Department within thirty (30) days after the agreement is executed; all persons who subsequently become officers or employees of the Operator may be fingerprinted before such appointment or employment for the purpose of determining criminal record status. 1.6 Labor Strike 1.6.1 The operator is responsible for its own labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees or any union representing such employees. Whenever the operator has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the services, the operator must immediately give written notice thereof to the City. 1.6.2 It shall be the operator's responsibility to provide continuous towing services, without interruption, to all locations as requested. In the event of a labor strike, the operator must provide other means, at same cost, as to provide continuous and comparable service in accordance with these specifications with prior written approval of the Chief of Police. Failure to do so will cause the City to take whatever action it deems necessary to obtain other Towing and Storage services. 1.6.3 It is the responsibility of the Operator to make necessary arrangements with other Alternate Operator(s) to respond to City's request for vehicle tow service when Operator equipment is unable to respond. The Operator shall be responsible for notifying the Watch Commander at the El Segundo Police Department in advance of any tow service request to be handled by an Operator. Such Alternate Operator(s) must take any vehicle to the Operator's premises for storage. The City assumes no financial or other responsibility if this prior notification process is not followed, and the vehicle will not be released to the Alternate Operator. It is further understood that when such occasions occur and Operator cannot respond in a reasonable time, the Chief of Police or designee, can make such arrangements to meet this emergency as deemed necessary. 1.7 Subcontractor /Assignment of Contract The operator cannot subcontract any portion of this contract or any additions made to the contract without first receiving approval from the City. All persons engaged in towing work shall be considered employees of the operator, with the supervisor being directly responsible for their work. The contract cannot be assigned to another owner or entity without City approval. 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 2 R. CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A — Work Statement - Police Towing and Storage Services, IR P No. # 0 Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 1.8 Duties and Responsibilities 1.8.1 The Chief of Police will act as the contract administrator and will manage, coordinate, and administer the contract and verify completion of all towing operations specified in the contract document. He /She will also provide written notice of failure to perform the contract and indicate the amount to be deducted from the forthcoming progress payment. 1.8.2 The operator's Leadworker /supervisor is responsible for the execution of the towing operations specified herein. He /She represents the operator and is responsible for the supervision of the operator's employees while they are performing the towing service. 1.8.3 Quality of Work All work must be performed in accordance with the best towing, safety practices and standards of cleanliness. 1.10 Disclosure of Information The operator cannot issue or release for publication any articles, advertising or publicity matters relating to the services performed by the operator hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City. 1.11 Key Control 1.11.1 The operator must adequately secure the keys and'other entry devices. 1. 11.2 The operator cannot duplicate or allow such items to be duplicated or removed from the site of the services. 1. 11.3 The operator must immediately report any item, which becomes lost, missing, broken, or stolen to the contract administrator. Should the operator lose or have stolen any keys, the cost of changing locks, keys, or other devices will be borne solely by the operator for work performed under this contract. 1.12 The right of any vehicle owner involved in a traffic collision to call for tow service of the owner's own choosing cannot be infringed upon so long as the removal of the vehicle can be made without undue delay. In those cases where the owner of a damaged or abandoned vehicle chooses to have the City's tow service and vehicle storage operator transport such vehicle to a location other than the official police impound storage garage, this is a private matter to be arranged between the owner of the vehicle and the Operator. 1.13 If the owner of a vehicle ordered to be stored appears on the scene after the Operator has been called and before the Operator arrival, he /she can request immediate release of his /her vehicle upon obtaining permission from the Chief of Police or his designate. Once permission is obtained, the owner may take possession of his vehicle at no cost. 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 3 A- V 4� CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 1.14 The Operator upon signing the Police Department vehicle custody report assumes full liability for the vehicle and its contents. It is the responsibility of the Operator to eeturn all property, which has been removed, from the vehicle for temporary storage to the owner at the time of vehicle release. 1.15 The City reserves the right to inspect the facilities, records, equipment and premises of the Operator hereunder at any time during the life of the agreement, in order to ensure that all the terms and conditions of these specifications are being satisfactorily met and complied with. 2.0 CONTRACT ADMINISTRATORS 2.1.1 The Chief of Police is the City's contract administrator and may act on behalf of the City with respect to all aspects of the contract. 2.2 The operator must strictly and promptly follow the instructions of the contract administrator in every case. The contract administrator's decision upon all questions, claims, and disputes will be final and conclusive upon the parties of the contract. 3.0 OBLIGATIONS WORKMANSHIP SUPERVISION AND DAMAGE 3.1 Operators must provide and/or currently possess the following before submitting bid Proposal: 24 -hour answering service, central office /yard, two -way radio communication and excellent references from completing towing work for at least (1) other Public Agency, including at least three years' experience in providing Police Towing services. 3.3 All work must meet with the approval of the Chief of Police. 3.7 The operator must provide proper traffic control at all times while working on public right of ways to provide a safe environment for all parties concerned. 3.8 The operator will report without delay and damage to City equipment or property and is responsible for the replacement of any said damage caused by his act hereunder. 4.0 OPERATOR SERVICE REQUIREMENTS THE OPERATOR MUST: 4.1 Operate on a 24 -hour, 365 days per year basis any emergency or routine towing service without delay in response to Police Department request for service. 4.2.1 The City of El Segundo has the right to inspect all books and records pertaining to the operator's charges. 4.3 Operate standard tow trucks and adequate equipment to handle any passenger vehicle, small truck, large truck, trailer, or similar heavy equipment. 2009 -08 -27 Towing Exhlbit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 4 16 CITY OF EL SEGUNDO -- REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A — Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 4.4 Operate a cable wench of sufficient size and capacity to retrieve vehicles, which have gone over embankments or off - traveled portions of roadways into inundated areas or other inaccessible locations. 4.5 Operate and maintain a minimum of two (2) ,standard tow trucks and tow truck drivers who will be available at all times with sufficient equipment to provide expeditious movement of disabled vehicles involved in multi- vehicular collisions. 4.6 Operator must provide tow service without cost to City when City owned vehicle up to one ton is towed. 5.0 VEHICLES STORAGE REQUIREMENTS 5.1 At the time of bidding or within (30) days after award of bid the following facilities must be provided within an eight -mile radius of the civic center of the City of El Segundo. 5.2 Secure garage facility for impounded vehicles. The secured garage facility for impounded vehicles shall be available to house two vehicles within a fully enclosed building that must be locked at all times. These vehicles cannot be moved or touched in any manner after storage therein without the prior written consent of the Chief of Police, except by El Segundo Police Department sworn personnel showing the proper identification. IT SHOULD BE NOTED THAT THESE VEHICLES MAY CONSTITUTE CRIMINAL EVIDENCE AND ANY PERSONS TAMPERING WITH THE VEHICLES MAY BE PROSECUTED. 5.3 Short-term secured storage. The short-term secured storage yard facilities must accommodate ten vehicles from El Segundo for at least ten (10) days. This area must be isolated from the normal storage area. 5.4 Long -term secured storage yard facilities. Long -term secured storage yard facilities must be provided for storing at least thirty vehicles from El Segundo for a period exceeding ten (10) days. 5.5 Storage lots and/or yards. Storage lots and /or yards must be enclosed by a fence or wall of at least six feet in height constructed of material to be approved by the Chief of Police; must be adequately illuminated during the hours of darkness; shall be locked at all times; must have sufficient space to segregate hazardous vehicles. The operator must make all provisions necessary to ensure that the public is restricted from unescorted entry. Lots shall be located so as to be under constant surveillance of Operator or other security measures approved by the Chief of Police. 5.6 If vehicles requiring storage in a secured building as outlined in Section 14, ILA, exceed the building storage capacity, the operator must, before moving the vehicles, immediately contact the Watch Commander at the El Segundo Police Department to ascertain the appropriate disposition of the vehicles. 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 55 4-8,4 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL. Finance Department - Purchasing Exhibit A -- Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 5.7 Any property removed from a vehicle must be stored in a separate locked locker, and individual records maintained for each vehicle. 5.8 The Operator must submit to the Chief of Police a statement certifying whether the real property to be used by the Operator for the vehicular storage proposed herein is owned or leased; and if such property is being leased, it must be stated from whom it is leased and the expiration date of said lease. 6.0 CITY OF EL SEGUNDO ADMINISTRATIVE SURCHARGE The City of El Segundo will charge a 10% administrative surcharge of the gross receipts for all tow services, charges and vehicle storage. Fees are due and payable to the City of El Segundo ten (10) calendar days following each three (3) month period after the effect of the contract date for furnishing tow service and vehicle storage. 7.0 OPERATOR ADMINISTRATION 7.1 The Operator must maintain its place of business records of all impounded and stored vehicles ordered by the Police Department and such records must be available for review and /or audit to any authorized member of the Police Department and any persons specifically authorized in writing by the City Manager. 7.2 Records must include, without limitation: 7.2.1 Police Department vehicle custody report, which are required on all police ordered storage. Each report must be time stamped at time of vehicle storage and at time of release. The Operator will forfeit first day storage charge if report is not time stamped. In all cases where a vehicle has been stored for less than two (2) hours, no daily storage will be assessed. 7.2.2 Copies of registered letters (where applicable). 7.2.3 Chart sheets listing tow charges and storage fees against each individual vehicle and when possible containing the owner's release (signature). The appropriate lien charge, if applicable, may be assessed to the vehicle owner at the time of the vehicle's release if the Operator has incurred such a charge as a result of lien proceedings initiated in the manner prescribed by law. All lien charges collected by the Operator must be supported by documentation showing the Operator's cost. NO PERSON TAKING CUSTODY OF A VEHICLE WITHIN TEN (10) DAYS (240 HOURS) OF THE TIME OF STORAGE OR IMPOUND (AS INDICATED BY TIME STAMP) CAN BE REQUIRED TO PAY ANY LIEN CHARGES OF ANY AMOUNT 7.2.4 A ledger account must be maintained by date of impound, amount of each charge as a separate entry, and total of all charges for the City of El Segundo only. Such entries must be supported by the documents call for above. 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 6 0 0 I CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 7.2.5 The records listed above must be maintained in jacket files by month, by chronological date of impound and storage. Such records must be placed in storage and maintained for five (5) years from preparation and shall be made available as indicated above. 7.2.6 No work or contract may be entered into between the Operator and the vehicle owner or his agent until the Chief of Police, or his designate has released the vehicle. 7.2.7 All towing rates and other fees pursuant to this contract must be posted in a conspicuous place where the public would transact business to obtain any vehicular release. 7.2.8 The Operator must at all times comply with federal, state, and local laws now in effect or hereafter enacted, and must obtain and maintain at its own cost and expense all necessary licenses and permits. 8.0 CHANGE OF OWNERSHIP The qualifications and abilities of the Operator to carry out the terms of this Agreement are of particular concern to the City. Therefore, the Operator cannot assign or otherwise transfer this Agreement nor sell, convey or otherwise transfer, voluntarily, or involuntarily, the business, in whole or in part, without the express written consent of the City Council. 2003 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 7 � -D 0 CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 9.0 RFP PROPOSAL SHEET I, THE UNDERSIGNED HAVE READ AND UNDERSTANDS THE ATTACHED SPECIFICATIONS AND OFFERS TO PERFORM ALL THE DUTIES AND OBLIGATIONS REQUIRED OF THE TOW SERVICE AND STORAGE GARAGE OPERATOR BY THE PROVISIONS OF THE "SPECIFICATIONS FOR.T'OWING SERVICE AND STORAGE GARAGE, CITY OF EL SEGUNDO" DATED AND THE PROVISIONS OF ALL SECTIONS OF THE DEPARTMENT OF MOTOR VEHICLES AS IT RELATES TO TOW SERVICE AND THE STATE OF CALIFORNIA CIVIL CODE, AT THE PRICES AND FOR THE CONSIDERATION HEREIN PROVIDED AND TO TOW VEHICLES WHEN SO DIRECTED BY THE CITY OF EL SEGUNDO AT THE FOLLOWING PRICES. IF AWARDED THE CONTRACT, I AGREE TO PERFORM THE WORK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PROPOSAL: Note: All rates must conform with Vehicle Code § 22658(i) and applicable CHP tow contracts. RATES AND CHARGES: (A) Police- ordered impound tow charges for motorcycles, passenger cars, SUV's, passenger vans, and pickup trucks up to 3/4 ton capacity during the hours of 8:00 a.m. to 5:00 p.m. will be at the rate of: $JJD ffiR J4 0ItR and during the hours of 5:00 PM to 8:00 AM will be at the rate of: $ 5o.2nAFTEfz. pout - -- - (B) Police - ordered impound tow charges for trucks (over 3/4 ton) heavy equipment during the hours of 8:00 a.m. to 5:00 p.m, will be at the rate of $22,5" !'ER NouR and during the hours of 5:00 p.m. to 8:00 a.m. at the rate of $ 5o" AFTER Hougg _ (C) Charge for police requested release: utl 1) Motorcycles $) � U No u R 2) Passenger cars, vans vo SUV's, and trucks to 3/4 ton $ n pR H o4 R 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 8 ,287 CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 po 3) Trucks, and SUV's one (1) ton $, j D FEY, 1I ou R 4) Heavy trucks and equipment (1 -1/2 ton and over) $ �2 5 PER.Nou� (D) Where additional labor is required-to facilitate the movement of the vehicle, it may be charged at the rate of: (E) Should the use of a "dolly" be required, the use thereof may be charged at the rate of: (F) Where the tow truck has been ordered, arrives at the scene and vehicle is released without towing services being performed, the charge for the tow truck response shall be: oATN r PA r- s (G) The charge for a vehicle release during normal operating hours of 8:00 a.m. to 5:00 p.m., Monday and Friday shall be a fee not to exceed for each service rendered, the amount of: during other than normal operating hours: $ 51> Od (H) Storage of the following vehicles shall be charged at the rate per day of: 1) Motorcycles 2) Passenger cars, vans, SUV's, and pickup trucks up to 3/a ton capacity 3) Trucks, and SUV's, one (1) ton 4) Trucks 1 -1/2 ton and over $2°l �' PER DAY $ 2.°l ° °" PER DA Y $ 2ai P-P PER DA Y $417 7PrR DAY 2009 -08 -27 Towing Exhibil A RFPFINAL.doc PRINTED ON RECYCLED PAPER 9 X00 CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 3101524 -2339 Fax: 3101322 -2756 Any part of one day will constitute one day's storage. One day's storage shall be 24 hours from time of pick up to time of release. 2. LOCATION: (A) Short -term storage yard facilities are located at: 4629.MARf y & AyLC LAwN04LD, CA -1! 246 (B) Impound garage facility is located at: 462 1 /MIA r %V " AV -, I-A W,4 f )_9, VA -at 024 90 (C) Storage facility for long -term impounds are located at: ,16;1A4ARr'.v1; Avl - 1.4ww&DA L LA.g 0 z66 3. 1 (we) hereby certify that I (we) own /lease (check one) the real property that will be used for: A. Short-term storage yard facilities Own ❑ Lease [9--` B. Short -term garage facility Own ❑ Lease C. Long -term storage facility Own ❑ Lease 4. If leasing the property mentioned in 3 above, please state the following: Name of Lesseor A4 R • V UA.I•yY • ®SA W o Address of Lessoer 17 5 ) 9 ) {IC I - S 7_i VC -,eA AoSo4 Date of lease expiration I o I - Ao 14 5. 1 hereby certify that I am able to comply with all requirements as listed on these proposal sheets that constitute my bid for the furnishing of towing service and storage garage facilities to the City of El Segundo fo l the par iod of four (4) years and three (3) one year options commencing v 2009 -08 -27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 10 CITY OF EL SEGUNDO — REOUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A — Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 I ACKNOWLEDGE THE REQUIREMENT TO PROVIDE DOCUMENTATION AS CALLED OUT HEREIN. The undersigned agrees to fumish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company:MAA✓NA'rTAN, DL AeN -T W i ,v 6 Address:4622MAPI.vC-.AP . LAw.vl):ME, l oX6o Telephone No. (3 11) 0,4 -31f o® E -mail address:RAM SiF ymA713 676.0.4 of - CoM 2009 -08-27 Towing Exhibit A RFPFINAL.doc By: N!dH9C- N,MAib Title: OW4/,CP, Fax: (3)o)979-9421 Date: 11--5- oq PRINTED ON RECYCLED PAPER 11 ti � V CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A -- Work Statement - Police Towing and Storage Services, RFP No. # 09 -17 J. Richard Hogate, Purchasing Agent Phone: 3101524 -2339 Fax: 310/322 -2756 Firm name must appear here —r 11.0 VENDOR QUESTIONNAIRE In submitting a proposal, each bidder shall also provide the following information: (Use additional sheets, if necessary.) Brochures and advertisements will not be accepted as a direct response to the questionnaire. A qualifying proposal must address all items. Incomplete proposals will be rejected. Organization: Describe your firm's qualifications to provide the service specified in this RFP. Be sure to include: founding date (month and year) and brief history of firm; facility /office location, current number of employees (full -time and part- time); special equipment acquired for the work; firm's vision and mission statements, and key services offered. w NAVF L3 9AAP1vyFGS.ALi. Em pioyL- -7E�.T'Nv-yA9J; PRorLgS)a vAL. wH i T -rRP'o �o13 .A4:6AYMA•✓A&Q4. Ali 6P .*A.vAGSR. low) RtteK 4 Rf vEf2'3. A.vo q 4 1400 p -S ) r S pATGU r. 9,97V=-.vyGA(J'S w 1.4-s"-r .ELgJ_.wop f 0J_ CrC.1) EPA ft7° vv,GRA Y-97A 12e. W4#'t Au %v. Mot3,L eLua a( S o[1TN,E1 w e AL( (j o g vA References: List a minimum of (1) client for whom you have been providing Police Towing services, preferably a Public Agency. For each reference, include organization name, address, and the name and telephone number of the contact person. A u 1 v M v 13 ►'L, e 1 u i3 0 g I n ct7g r- R/v, CA 4'(012.v1;4 -0 R'. 9A M tw9J_.j. 9 R I R. Su PARv I'S oR 05 41) i 7o5 4 (?0c,A iR P PT PLAZA. F3 J vj, . Lo.v6 g,-Ae 4 t2A .010 Contract administrator. Indicate the name, title, telephone number, and years of experience of the individual who will be administering the contract, if awarded to your firm. 1-- LL 9-,P�0UAIpv PO4 'e, 1_ 1) r- PA R- rms;*77, i YgA1`z-9 2 -AN,o ,yo(3►L �Lu C3 '9 VL74fa7RA" ,P,A4'(veM:A; Emergency information: List names and telephone numbers of persons that the City will need to contact after hours, on weekends or holidays. AvtoN sr..l, .4Aj : y 1)A Y' I - ®x Tie 9 : (3) v, 4 7b _-3 4va 2- e_& ; (*3jv)944 --11 6o 3- -Wom,& : blv, 54.1 -x.416 S A wG7 1 -K . '114 i4o tt (� .9 2009-08 -27 Towing Exhibli A RFPFINAL.doc PRINTED ON RECYCLED PAPER 12 �9i CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Finance Department - Purchasing Exhibit A _ Work Statement - Police Towing and Storage Services, RFP No. # 09-17 J. Richard Hogate, Purchasing Agent Phone: 310/524 -2339 Fax: 310/322 -2756 Firm name must appear here - MMEMIMM VENDOR QUESTIONNAIRE (Continued) Subcontracting: Is your firm planning to subcontract portions of the work? Yes No iv� If yes, indicate the name of the subcontractor(s) and the portion of the work that will be subcontracted in each case. Employees: How many employees do you plan to hire or retain to provide the services specified in this RFP? Are they going to be permanent full -time or part -time employees? How long must a part - time employee work in your firm to become a permanent full -time employee? What percentage of your staff is currently employed full -time on a permanent basis? MA�v"ATTAlv 3 CA &M ®w,'A/ trA j P 7r14 &Y AtZ& I I- � tVFfZ S � u L L 9-4 H uu A-1. �' �► wL L°— I�; S IQAi'"e t-t . I, A Y S . AvL) Business License: Include with your submittal a copy of your firm's current business license. (Be sure to include a copy of same for any subcontractor listed above.) Certificate of Insurance: The Operator must have insurance meeting the minimum insurance requirements set forth herein (see Bidder Requirements On -Site Services). Include a copy of your firm's insurance certificate or a letter from surety stating that your firm is insurable for the limits required if awarded the contract. A certificate of insurance must be furnished to the City within fourteen (14) days after notification of award. Clarification, Exception or Deviation: Each bidder may clarify or describe any exception or deviation from the requirements asset forth herein. Each clarification, exception or deviation must be clearly identified and submitted with your Proposal response. If there is no clarification, exception or deviation indicated, it will be considered that none exists. 2009 -08-27 Towing Exhibit A RFPFINAL.doc PRINTED ON RECYCLED PAPER 13 4-92 OFFICE MANHATTAN BEACH TOWING i?7r - i' Since 1984 • Member CTTA City of El Segundo Exhibit A -RFP No. # 09 -17 ATTN: J. Richard Hogate, Purchasing Agent October 22, 2009 To whom it may concern, The purpose of this letter is to clarify the price amount found in Exhibit A: under area titled "Rates and Charges "- Section A, B and C. Attached is a copy of Exhibit A, page 8 and 9 of the proposal with sections A, B and C with the correct prices. Thank you. Sincere y, _ �� 1 Mohsen Majd 293 4622 Marine Ave. • Lawndale, CA 90260 (310) 540 -5474 • Fax (310) 978 -9621 L- CRY OF EL SEGUNDO — REQUEST FOR PROPOSAL. frtnance l)"rtment - Purchasing Exhibit A — Work Statement - Police Towing and Storage Services, RFP No. # 09-17 ` J. Richard Hogate, Purchasing Agent Phone: 310/524 MM Fax: -31 OP322 2756 9.0 RFP PROPOSAL SHEET I, THE UNDERSIGNED HAVE READ AND UNDERSTANDS THE ATTACHED SPECIFICATIONS AND OFFERS TO PERFORM ALL THE DUTIES-AND OBLIGATIONS REQUIRED OF THE TOW SERVICE AND STORAGE GARAGE OPERATOR BY THE PROVISIONS OF THE "SPECIFICATIONS FOR TOWING SERVICE AND STORAGE GARAGE, CITY OF EL SEGUND(7 DATED I AND THE PROVISIONS OF ALL SECTIONS OF THE DEPARTMENT OF MOTOR VEHICLES AS IT RELATES TO TOW SERVICE AND THE STATE OF CALIFORNIA CIVIL CODE, AT THE PRICES AND FOR THE CONSIDERATION HEREIN PROVIDED AND TO TOW VEHICLES WHEN SO DIRECTED BY THE CITY OF EL SEGUNDO AT THE FOLLOWING PRICES. IF AWARDED THE CONTRACT, I AGREE TO PERFORM THE WORK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PROPOSAL: Note. All rates must conform with Vehicle Code § 22658(1) and applicable CHP tow contracts. 1. RATES AND CHARGES: (A) Police - ordered impound tow changes for motorcycles, passenger cars, SUV's, ,passenger vans, and pickup trucks up to 3/a ton capacity during the hours of 8 :00 a.m. to 5:00 p:m. will be at the rate of: s,• and during the hours of 5 :00 PM to 8:00 AM will be at the rate of: (B) Polio- ordered impound tow charges for trucks (over % ton) heavy equipment during the hours of 8 :00 am. to 5 :00 p.m. will be at the rate of $ '22, •' and during the hours of 5:00 p.m. to 8:00 am. at the rate of (C) Charge for police requested release: 1) Motorcycles 2) Passenger cars, vans -" SUV's, and Wicks to 'A ton $ 2009 -0&27 Towing Exhfl* A RFPFINAL.doc PRINTED ON RECYCLED PAPER 2 9 '4 0 CITY OF EL SEGUNDO - REQUEST FOR PROPOSAL Finance Department-7 Purchasing Exhibit A - Work Statement - Police Towing and Storage Services, RFP No. # 09-17 J. Richard kiogate, Purchasing Agent Phone.-,-310/5244339 Fax: 3104322-2756 3) Trucks, and SUV's one (1) ton $ , - , 4) Heavy trucks and equipment (1 -1 /2 ton and over) $ (D) Where additional labor is required to facilitate the movement of the vehicle, it may be charged at the rate of: (E) Should the use of a "doily" be required, the use thereof may be charged at the rate of: C� (F) Where the tow truck has been ordered, arrives at the scene and vehicle is released without towing services being performed, the charge for the tow truck response shall be: $ 5tv MR 111/Pr- 2, ?LTRz— I %G" (G) The charge for a vehicle release during normal operating hours of 8:00 a.m. to 5:00 p.m., Monday and Friday shall be a fee not to exceed for each service rendered, the amount of: during other than normal operating hours: S (H) Storage of the following vehicles shall be charged at the rate per day of: 1) Motorcycles 2) Passenger cars, vans, SUV's, and pickup trucks up to 3A ton capacity- 3) Trucks, and SUV's, one (1) ton 4) Trucks 1 -112 ton and over 2009 -08-27 TOwU19 ExhM A RFPFINAL OOC $ 3P re $ 4,c ,L PRINTED ON RECYCLED PAPER 2959 Segundo Department • El Segundo, California 90245 -3885 (310) 524 -2390 • Fax (310) 640 -8648 David Cummings, Chief of Police November 18, 2009 Mohsen Majd Manhattan Beach Towing 4622 Marine Avenue Lawndale, CA 90260 Dear Mr. Majd: During a review of your RFP proposal (RFP #09 -17) and clarifying letter dated October 22, 2009, 1 discovered that you may have interpreted the section incorrectly, specifically under the heading of Rates and Charges. Additionally, you submitted a new page 8 & 9 as an attachment to your letter that appears to be incomplete and possibly inaccurate. Please provide me with written clarification regarding the tow or storage rates your company proposes to charge in Section 1(A), (B), and (C) only. Do not replace the storage rates you originally submitted to the City, unless you are intending to withdraw your proposal. The City was provided with the enclosed letter. As you will see, it is alleged that your company does not comply with laws applicable to lien sales of vehicles. Kindly include a response to these allegations in the letter which clarifies your Company's understanding of the tow rate structure. Your prompt attention to this is appreciated. Please provide a response not later than November 19, 2009. re C^mings Chief "Working together to meet our community's needs" 4.:� u III Nov MANHATTAN BEACH TOWING Since 1984 - Member CTTA November 18, 2009 City of El Segundo 350 Main Street El Segundo, CA 90245 Re: RFP No.09 -17 Gentlemen: I have been provided with a copy of a letter received by you from U.S. Tow, Inc. regarding the above referenced RFP. Manhattan Beach Towing has been the provider of towing and storage services for the City of El Segundo since 2002. 1 believe that you can confirm with the Police Department, as well as all other departments of the City involved in towing and storage of vehicles, that we have performed admirably and without negative incident during the seven year period. Our bid was complete and followed all basic RFP response requirements. We always conduct public auctions when required in accord with Sections 3071 and 3072 of the California Vehicle Code. All of our employees are members of the Pull Notice of the California Highway Patrol Sacramento and as such have completed thorough background checks. Our storage facility is equipped with state of the art security cameras, as well as an electronic gate, and has provision for off - street customer parking. Our tow trucks have heavy duty towing capability and we have never refused a tow requested by the City as a result of not having proper equipment. We have a proven track record of seven years of exemplary performance which cannot be overshadowed by vague and unsubstantiated allegations which have no basis whatsoever in fact. Our facility is more than adequate to handle the contract and is convenient in location to the City. We urge you to follow the recommendations of your staff and to continue Manhattan Beach Towing for the City's towing and storage services under RFP No. 09 -17. Respectfully, Mohsen Majd Owner L 2 J l 4622 Marine Ave. - Lawndale, CA 90260 �� (310) 9vh5*T4 - Fax (310) 978 -9621 L ■ ■ ■ MANHATTAN BEACH TOWING Since 1984 • Member CTTA City of El Segundo Exhibit A -RFP No. # 09 -17 ATTN: J. Richard Hogate, Purchasing Agent November 19, 2009 To whom it may concern, The purpose of this letter is to clarify the price amount found in Exhibit A, pages 8 &9 under area titled "Rates and Charges:" Section A, No. 1 &2, $110.00 Section B, No. 1&2 $225.00 Section C, No. 1, 2, 3, & 4, $00.00 Sincerely, Mohsen Majd 4622 Marine Ave. • Lawndale, CA 90260 QW (310) 540 -5474 • Fax (310) 978 -9621 L L SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 E AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a standard Public Works Contract to the lowest responsible bidder, Silvia Construction, Inc., for the rehabilitation of Mariposa Avenue from Sepulveda Boulevard to Nash Street. Project No.: PW 09 -01, Federal Project No.: LAES681 (Fiscal Impact: $234,000.00) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a standard Public Works Contract in a form as approved by the City Attorney with Silvia Construction, Inc., in the amount of $212,856.95. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Location Map FISCAL IMPACT: Included in Adopted Budget Amount Requested: $234,000.00 Additional Appropriation: No Account Number(s): 301 - 400 - 8203 -8820 ORIGINATED BY: Maryam M. Jonas, Principal Engineer m() REVIEWED BY: Dana Greenwood, Public WaTlo Directo� APPROVED BY: Jack Wayt, City Manage (;- BACKGROUND AND DISCUSSION: The Pavement Rehabilitation of Mariposa Avenue was one of the two projects approved under the American Recovery and Reinvestment Act (ARRA) Funding Program. The proposed project would resurface Mariposa Avenue from Sepulveda Boulevard to Nash Street. Federal funding programs require the City to follow standard procedures for each step of the project. Following the Caltrans "Local Assistance Procedure Manual ", City staff prepared and submitted field review and preliminary environmental study documents to the Local Assistance Division of Caltrans. Subsequent to approval on obligation of funds from Caltrans, a resolution to approve the ARRA funding and adoption of plans and specifications was approved by the City Council on July 8, 2009. The Mariposa Avenue Pavement Rehabilitation Project was advertised for receipt of bids on August 27 and September 3 of 2009. On September 29, 2009, the City Clerk received and opened the following nine (9) bids: 14 io 1. Silvia Construction, Inc. $212,856.95 2. Hardy & Harper, Inc. $222,000.00 3. All American Asphalt $229,000.00 4. Sequel Contractors, Inc. $233,807.20 5. Ortiz Asphalt Paving, Inc. $241,142.02 6. Imperial Paving Co. $245,082.00 7. Sully Miller Contracting Co $249,349.20 8. PALP $249,620.60 9. EBS, Inc. $261,966.00 The original amount approved for this project through the ARRA grant application was $358,000 from the City's total allocation of $505,000. after completion of the two projects, the City will request the balance of the ARRA savings to be used for the rehabilitation of other Federal Aid Urban (FAU) eligible streets. Staff has contacted references of the lowest responsible bidder and has received favorable responses. Staff recommends awarding the contract to the lowest responsible bidder, Silvia Construction, Inc., in the amount of $212,856.95. The total amount ($234,000) requested includes the contract amount and an additional $21,143.05 for construction related contingencies. 360 g n X000 YG �� c �_. rn m _. r D C � MAIN ST L .J rn O 8 OFT=E Oz -h __ a Z m O f _ 000 °� E- 6 O 3 rn[ -o c I�Z CL n � -10 - _ � 3 0 O Cr-1C�— m ] .-I Z c O� COD ] m a ) (.._JlOJCO LU_ l~--1 -- SEPULVEDABLVD o I I DILLIN019 9 INDIANA D m DT aevuwEOA BLVD SELBY ST LE- LAIRPORT ST O[-O CONTINENTAL O m GREEN LINE wsN _ "` �� AVIATION BLVD n 140� O� 0 m 0 O� r O z .301 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approving a request from Big West Construction Corporation to substitute the door supplier listed in their Bid related to Group 38 (26 homes) of the City's Residential Sound Insulation Program (Project Nos. RSI 09 -19). (Cost impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve request from Big West Construction Corporation to substitute the door supplier listed in the Bid related to Group 38 of the City's Residential Sound Insulation Program; and /or 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Letter from Big West dated November 9, 2009 with attachments FISCAL IMPACT: None Amount Budgeted: $10,570,900 Additional Appropriation: N/A Account Number(s): 116- 400 - 0000 -8960 ORIGINATED BY: James S. O'Neill, Program Manager REVIEWED BY: Greg Carpenter, Director o in and Building Safety / C APPROVED BY: Jack Wayt, City Manag BACKGROUND AND DISCUSSION: On November 3, 2009 the City Council awarded a contract to Big West Construction Corporation (Big West). At that time, the City Council also waived the listing of door supplier as a subcontractor in the subcontractors list included in the bid as a non - material irregularity. Although the listing of the door supplier on the subcontractor list was waived, the requirements of subcontractors (which would still apply to the door supplier) were not waived. City staff provided a letter to Big West on November 4 1 highlighting the requirements of the door supplier listed in their bid, Specialty Door Company, Inc. (Specialty Door) and directing them to provide assurance that such requirements as prevailing wage provisions and certified payroll requirements would be met. Big West has contacted Specialty Door, both in writing and by telephone, to get proper assurances from Specialty Door, and Specialty Door refuses to provide such assurances to Big West. As such, Big West is requesting to substitute Specialty Door with Glore & Associates as the door and hardware supplier for Group 38. Glore & Associates is the door and hardware supplier for the contract with Big West for Group 37 of the Residential Sound Insulation (RSI) Program, and Big West is proposing this substitution at no additional cost to the City. Staff is therefore recommending approval of the request for substitution. 15 BIG WEST CONSTRUCTION CORPORATION November 9, 2009 James O'Neill Program Manager City of El Segundo Residential Sound Insulation Program 350 Main Street El Segundo, CA 90245 Subject: Project Group 38 - Specialty Door Company Submittal Reference: 1. Specialty Door General Information for El Segundo Projects (Attached) 2. James O'Neill letter dated November 4, 2009 (Attached) Mr. O'Neill, Your letter regarding the subject information dated November 4, 2009 was forwarded with a cover letter from Big West Construction on November 5, 2009. I also called Mike Ghezavat (Specialty Door) on Friday morning regarding the issues contained in the letter. In a lengthy discussion, I told him what he needed to do to comply with the requirements set forth by the City. He indicated that he would not submit language that would satisfy the requirements and sent a revised document titled "General Information for El Segundo Projects ". Specifically, Vancouver Information, Item 2 is still non - responsive and likely to be rejected by the City. Attached is the response provided to me on Friday, November 6, 2009. If this information is not clear as to what work is or is not being performed by Specialty Door Company, Big West Construction Corporation requests to substitute Glore & Associates as the Door and Hardware supplier for Group 38. In order for this project to proceed in a timely manner, I request that this substitution request be approved as soon as possible. If you have any question, please contact me at 949 - 253 -9032, 949 - 795 -2219 (cell) or email: big�westconstLq'aol.com. I n erely,�� m Carr Big west Construction Corporation 2691 Richter Ave. #123 • Irvine, CA 92606 • 949 - 253 -9032 • fax 949 - 253 -9049 • Ca. License #812085 3 0 3 bigwestconst@aol.com J pecialty 'n oor ' I IC�mpany, Inc. eral Information for El Si Contact Information: o Proiects Vancouver Door email address - mshadle(a),vancouverdoorco.com Schlage Lock email address - rich bender(airco.com Mon -Ray email address — gmurtha(a monray corn Vancouver Information: I ♦%- V Y 7r- W gEcSkva tl /b/oq 1) All 840 series STC rated doors to have blocking for peepholes, and to include 5" Top & 5" SOLID Bottom rails 2) Specialty Door Company, Inc. has always and will always supply Vancouver and or Eggers factory installed; 1) The Applied Mouldings, 2) The Glass & Glazing. The specified manufacturers do Not warranty doors that the application of moldings and or glazing have been done at any other location rather than their own manufacturing facilities. 3) Revised 11 -6 -2009. Per request of the contractor, we have made communication with the factories to re -visit the warranty issues. Both manufacturers are reluctant to make further revision to the warranty requirement. Factories may be contacted in regards to this issue. (Vancouver Door, 800 - 999 -3667, Eggers Industries, 920- 722 -6444) 4) In reference to item #3 above, please refer to the "Revised" warranty letter previously provided by Vancouver Door Company in our original submittal. We have been asked to respectfully advise you that no additional revision can be made in regards to the four feet overhead protection requirement or finishing standards. 525 -A Railroad Avenue, S. San Francisco, California 94080 - Tel: (650) 589 -4888 - Fax: (650) 589 - 4288, ij www.specialtydoor.net Further, these warranty restrictions are industry standards. There is not one STC door manufacturer anywhere that will not require these stipulations, including Eggers, the other qualified and accepted manufacturer for the El Segundo Program. This issue was raised for El Segundo 31, 32 & 36 with PBC and was addressed and accepted in the same manner. 5) Specialty Door Company will special order the uermanent grills for doors that need grids. They will be provided for 1/2 Light and Full Light French Doors in: 9 Light, 8 Light, 10 Light, & 12 Light grid patterns as well as 1/2 wagon wheel inserts. Glass will come as either Clear Laminated or "Frosted" — White Diffused Obscure glass. Please note the following light availability from Vancouver Door: STC -37 (As required by Wyle for French Doors): 24" x 62 ". Any less glass requirement than this, it will move up to STC -39 STC -39 (As required by Wyle for glazed doors) 24" x 30" maximum. No minimum. STC -40 (Not required by Wyle for glazed door). 24" x 24" square light or 10" x 36" narrow light. No Minimum. Mon -Ray Information: 1) All Secondary Sliding Glass doors come available in White, Silver, Bronze, & Almond colors at no additional charge. : 05 JOE DISPLAY CONSPICUOUSLYAT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT ACCOUNTNUMBER 10/1/2001 SR 8H 100 - 006227 SPECIALTY DOOR 525A RAILROAD AVE SOUTH SAN FRANCISCO, CA 94080 -345 L IS HEREBY AUTHORIZED PURSUANT TO FACES AND UK TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION, THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS. THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP, NOTIFY US OR You COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS. X >� ?ac NOTICE TO PERMITTEE: You are requaed to obey all Federal and State taws that regulate or control your business. This pemiit does not slow you to do otherwise. Not valid at any other address For general tax questions, please call our Information Center at 800- 400 -711 S. For information on your rights, contact the Taxpayers' Rights Advocate Office at 888- 324 -2788 or.916- 324 -2788. BOE- 442 -R REV. 15 (2-061 A MESSAGE TO OUR NEW PERM HOLDER As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you In your endeavor and to better understand the law, we offer the following sources of help, • Visiting our website at www.boe.ca.gov • Visiting a district office • Attending a Basic Sales and Use Tax Law class offered at one of our district offices • Sending your questions in writing to anyone of our offices ' Calling our toll -free Information Center at 800 - 400 -7115 As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. Conversely, you have the responsibility of not misusing resale certificates. While the sales tax Is Imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the Board • You are responsible for following the regulations set forth by the Board As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a Board representative when requested. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a Board office, or giving it to a Board representative. If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with the Board, please contact the Taxpayers' Rights Advocate Office for help by calling toll -free, 888 - 324 -2798 or 916 - 324 -2798. Their fax number is 916 - 323 -3319. Please post this permit at the address for which it was issued and at a location visible to your customers. STATE BOARD OF EQUALIZATION Sales and Use Tax Department 30r ■ J� F- '7 Q o� o o 117� z Cc LL w�W Q M a W W U ~ C� � w ♦J ■ N CD W z W N 0 CL V .W z 41� a 0 c� a 0 0 ca F a U W a V Q � E� C W 0 0 a o ui � N C �a Q N � N �--� i co C N .O O C CD O O W L W ^, .c 0 0 a o ui � N C �a Q N WEST CONSTRUCTION \ CORPORATION November 5, 2009 Mike Ghezavat Specialty Door 525 -A Railroad Avenue S. San Francisco, CA 94080 Subject: Residential Sound Insulation Program - Group 38 E I received the attached letter from the City of El Segundo. Please provide the documentation requested to Big West Construction by Monday, November 9, 2009. If you have any questions, please contact me at 949 - 253 -9032 or email: big wPstconst@aol.com. Thank You, T m Carr Big West Construction Corporation 2691 Richter Ave. # 123 - Irvine, CA 92606. 949 - 253 -9032 - fax 949 - 253 -9049 - Ca. License # 812085 v U bigwestconst0aol.com 1 ti Planning Building SafetY Residential I Insulation Program Elected Officials: Kelly McDowell, Mayor Eric K Busch, Mayor Pro Tam Carl Jacobson, Council Member Bill Fisher, Council Member Don Brann, Council Member Cindy Morteaen, city cIO& Ralph unphers, City Treasurer Appointed officials: Jack Wayb City Manager .,irk D. Hensley, CltyAttomey Department Directors Bill Crowe, Manager Assistant City Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fine Chief Debra Brighton, Library Servrees Greg Carpenter, Planning and Building Safety David Cummings, Police Chief Dane Greenwood, Public Works Robert Cummings, Recreation d Parks www.elsegundo.org November 4, 2009 Mr. Thomas R. Carr Vice President Big West Construction Corporation 2961 Richter Avenue, #123 Irvine, California 92606 Subject: Work to be performed by Specialty Door Company, Inc. Project No.: RSI09 -19 Residential Sound Insulation Program — Group 38 Mr. Carr: Per Addendum #2, dated October 2, 2009, the definition of subcontractor was defined as "any individual and/or company that is not a direct employee of the Bidder /Contractor that will perform ANY PORTION of the Work under the Contract." Although the City Council waived the requirement that Specialty Door Company, Inc. (Specialty Door) be listed in the subcontractor listing of your Bid, all requirements of subcontractors must be met. Included in your submittal for STC Rated Prime Doors, a document (on Specialty Door Company) Inc. stationary) titled "General Information for El Segundo Projects" includes an item that reads: "Specialty Door Company, Inc. always has and will always factory install two important parts of the doors. 1) The manufacturers do Notpwarranty doors lass & Glazing. Specified that the fi molding & glazing has not been done at the factory. This statement indicates that Work will be performed by Specialty Door, and such Work is subject to prevailing wages under the contract. As such, Certified Payroll is also required. Please provide assurance that p�at1Certified Payroll will be met by Specialty Door and be submitted for all Work performed by Specialty Door. Additionally, please provide documentation that shows that Specialty Door is properly licensed in the State of California to perform the Work described. 333 Main Street Unit A, El Segundo, California 90245 -3814 Phone (310) 524 -2352 FAX (310) 662 -4052 i If you have any questions regarding this matter, please contact my office at (310) 524- -2352. Sincerely, James S. O'Neill Program Manager C: File 310 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution opposing proposed Metropolitan Transportation Authority plans to construct a rail transit operations and maintenance facility for the Crenshaw Transit Corridor Project within the City of El Segundo. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Adopt the proposed resolution; 2. Authorize the City Manager , or designee, to take appropriate action to oppose the proposed project; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution 2. Draft Letter to Roderick Diaz, Project Mgr., MTA FISCAL IMPACT: None Amount Budgeted: $N /A Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Bill Crowe, Assistant City Manager REVIEWED BY: APPROVED BY: Jack Wayt, City Mana r BACKGROUND AND DISCUSSION: At the October 20, 2009 City Council meeting, the Council received a staff presentation on the Crenshaw Corridor Transit Project Draft EIR/EIS, and subsequently took action to authorize the City Manager's submittal of a letter to the Los Angeles County Metropolitan Transportation Authority regarding the inadequacy of their draft environmental document. The Draft EIS /EIR analyzed several transit modes and alignments, as well as, two potential sites for the maintenance facility needed to service the light rail cars or buses for the project. City councilmembers and staff raised a number of concerns about the adequacy of the environmental document specifically as they related to the proposed maintenance facility site (identified as "Site D ") in El Segundo. Site D is generally located northeast of the intersection of Rosecrans Avenue and Sepulveda Boulevard and appeared to include an existing recreation vehicle storage facility, as well as, portions of property identified to be within Plaza El Segundo Phase II. Based upon documentation contained within the Draft EIS /EIR, it further appeared the maintenance and 16 J railyard facility included land designated for the extension of Park Place; in addition to active railroad lines required for the transport of large quantities of product from the El Segundo Chevron Refinery. While the City and other impacted entities did timely submit formal comments to MTA on their Draft EIS /EIR, including objections to siting of the maintenance facility within El Segundo, there is no assurance that the MTA Board and staff will identify and select an alternate site. As it is within the city's vital interests to preserve and protect our economic base, our environmental quality and justice interests, and local traffic circulation plans, it is recommended that the City Council take formal action to oppose the siting of a MTA maintenance and railyard facility within the City of El Segundo. It is further recommended that the Council adopt the attached resolution of opposition and authorize city staff and consultants to take the necessary actions to advocate in support of the City's position. 314 A RESOLUTION OF THE CITY OF EL SEGUNDO OPPOSING THE SITING OF A LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY RAIL TRANSIT MAINTENANCE AND OPERATIONS FACILITY WITHIN THE CITY OF EL SEGUNDO BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The Metropolitan Transportation Authority (MTA) issued a Draft Environmental Impact Statement/Environmental Impact Report (DEIS /DEIR) for the Crenshaw Transit Corridor Project which analyzed several transit modes and alignments, as well as, two potential sites for the maintenance facility needed to service the light rail cars or buses for the project; B. The City of El Segundo reviewed the DEIS /DEIR and raised serious concerns in a formal comment letter to MTA about the adequacy of the environmental review for the proposed "Site D" maintenance and operations facility and requested that MTA make significant revisions and re- circulate the environmental document prior to consideration of certification; C. "Site D" is generally located northeast of the intersection of Rosecrans Avenue and Sepulveda Boulevard within the City of El Segundo; and based upon documentation contained within the DEIS /DEIR, the site would include land designated for the extension of Park Place; as well as, portions of property identified to be within Plaza El Segundo Phase II, in addition to active railroad lines required for the transport of large quantities of product from the El Segundo Chevron Refinery; D. It is within the City's vital interests to preserve and protect its economic base, its environmental quality and justice interests, and its local traffic circulation plans, more particularly, as they relate to the environmental and economic impacts that would be created by the siting of a MTA railyard maintenance and operations facility within the area identified as "Site D." SECTION 2: The City of El Segundo is concerned that despite recent action by the MTA Planning & Programming Committee to request consideration of alternate sites for the rail transit operations and maintenance facility, there is no assurance that the MTA Board and staff will identify and ultimately select an alternate site. 315 SECTION 3: The City of El Segundo strongly opposes any plan for siting in El Segundo of a rail transit operations and maintenance facility for the Crenshaw Transit Corridor Project and requests that the Metropolitan Transportation Authority Board and staff formally drop "Site D" from consideration as a viable option. SECTION 4: The City Manager, his designees, and city consultants are directed and authorized to communicate the City Council's policy position on this matter to appropriate agencies, organizations and individuals, as necessary. SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute action of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 6: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 3d day of December 2009. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Kelly McDowell, Mayor 3 1) Assistant City Attorney 31i Elected Officials: Kelly McDowell, Mayor Eric K. Busch, Mayor Pro Tom Carl Jacobson, Council Member Bill Fisher, Council Member Don Brenn Council Member Cindy Mortesen, City Clerk Ralph Lanphere, City Treasurer Appointed Officials: Jack Wayt, City Manager Mark D. Hensley, City Attorney Department Directors: Bill Crowe, Assistant City Manager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fire Chief Debra Brighton, Library Greg Carpenter, Planning B Building Safety David Cummings, Police Chief Dana Greenwood, Public Works Robert Cummings, Recreation 8 Parks December 2, 2009 'AMA Office of the City Manager Roderick Diaz, Project Manager Los Angeles County Metropolitan Transportation Authority One Gateway Plaza, MS 99 -22 -3 Los Angeles, CA 90012 -2952 Subject: City Council Resolution in Opposition to the Selection of Crenshaw Corridor Project, "Site D" Maintenance and Operations Facility Dear Mr. Diaz: Please be advised that at its meeting of December 1, 2009, the El Segundo City Council passed the attached resolution in opposition to the continued consideration of the above - mentioned Maintenance and Operations (M and O) facility. In taking this action, the City Council found that: The analysis of the Site D M and O facility in the Draft EIR /EIS prepared for the Crenshaw Transit Corridor Project was inadequate and in need of significant revision, The location of the proposed facility in El Segundo would significantly impact the City's economic development and traffic circulation improvement efforts, Based on the Conceptual plans in the draft EIR /EIS, the M and O facility will impact the rail operations related to the Chevron's El Segundo Refinery, In response to these findings, the City is formally requesting through the attached resolution that the Site D be removed from the MTA's consideration as the preferred or alternate location for the M and O facility. The City of El Segundo wishes to be supportive of Crenshaw Transit Corridor Project as it has the potential to improve regional circulation. However, the City of El Segundo intends to take all necessary actions to oppose the continued consideration of the El Segundo /Site D M and O facility. www.elsegundo.org I Sincerely Jack Wayt, City Manager Attachment: City Council Resolution cc: Los Angeles County Metropolitan Transportation Authority Board of Directors Renee Berlin, Executive Officer, Metropolitan Transportation Authority El Segundo City Council Members Mark Hensley, City Attorney 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2301 FAX (310) 322 -7137 3 11131 SEGUNDO CITY COUNCIL MEETING DATE: December 01, 2009 EL AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to request a survey from the Consolidated Fire Protection District of Los Angeles County to determine the feasibility of the Consolidated Fire Protection District of Los Angeles County (District) providing fire protection and related services to the City of El Segundo (City). The survey is intended to be used as a tool to educate the City Council and City staff on the operational and financial impacts on the City if the City were to elect to contract with the District for fire protection and related services instead of maintaining its own municipal fire department. (Fiscal Impact: $18,000 Refunded from Economic Uncertainty Fund, Fire Station #2 Designation) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to sign and forward a letter on behalf of the El Segundo City Council to the County of Los Angeles Board of Supervisors requesting a proposal from the Consolidated Fire Protection District of Los Angeles County to provide fire protection and related services to the City of El Segundo; 2. Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with the Consolidated Fire Protection District to prepare a report relating to Fire Protection, Paramedic, and Incidental Services; 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Agreement for Report for Fire Protection, Paramedic, and Incidental Services Letter to the County of Los Angeles Board of Supervisors Preliminary 5 -Year Forecast and Assumptions FISCAL IMPACT: $18,000 Amount Budgeted: None Additional Appropriation: $18,000 Account Number(s): 001 - 400 - 2901 -6214 ORIGINATED BY: Kevin S. Smith, Fire Chief REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: The City of El Segundo (City) currently operates its own fire department that provides fire protection, paramedic, and related services out of two fire stations. The City is currently realizing significant budget deficits and it appears this trend may continue for some time into the future. The City is being forced to consider methods of reducing its operating expenditures. Staff has been directed to contact the Consolidated Fire Protection District of Los Angeles 17 County (District) to request a survey to provide fire protection, paramedic, and related services to the City of El Segundo. The Consolidated Fire Protection District of Los Angeles County serves unincorporated parts of Los Angeles County as well as 58 cities and towns that choose to have the District provide fire protection, paramedic, and related services. Some of the local communities that contract with the District for fire protection and related services include Marina Del Rey, Inglewood, Hawthorne, Gardena, Lawndale, Lennox, Lomita, Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates. The proposal from the District will detail the resources and capabilities that the City could expect from District if it were to consider contracting with the District. The proposal will also identify a cost to provide these services for the City Council and staff to consider. This proposal is intended to be used as a tool to educate the City Council and staff on the operational and financial impacts on the City if the City were to contract with the District. This request for a proposal by no means should be construed as a commitment on the part of the City to contract with the District. 3G 1 AGREEMENT FOR REPORT FOR 2 FIRE PROTECTION, PARAMEDIC, AND INCIDENTAL SERVICES K 4 This Agreement for Report for Fire Protection, Paramedic, and Incidental Services 5 (collectively, "services ") is made and entered into this day of 6 200_, by and between the Consolidated Fire Protection District of Los Angeles County and 7 the City of El Segundo. 8 W RECITALS: 10 WHEREAS, the City of El Segundo, hereinafter referred to as "City," is interested in 11 receiving fire protection, paramedic, and other incidental services from the Consolidated Fire 12 Protection District of Los Angeles County, hereinafter referred to as "District;" and 13 WHEREAS, the City has requested that the District prepare its report for the provision 14 of services within the City; and 15 WHEREAS, an aspect of providing such services by the District is the evaluation and 16 transfer of qualifying City personnel to District employment; and 17 WHEREAS, annexation of a city to the District is authorized by the Fire Protection 18 District Act of 1987, Section 13810 of the California Health and Safety Code, and the District 19 contracting with a City to provide such services to a City is authorized under Section 13878 of 20 the California Health and Safety Code, and the parties are interested in considering and 21 11 studying City annexing /contracting with the District. 22 THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 23 11 1. The District shall submit a written report (report) to the City regarding matters 24 described under subparagraphs (a) through (f) herein below. 25 11 a. Evaluate the present fire protection and paramedic services of the City and their 26 related costs to the City. 27 b. Describe and compare the present City services to those services which the 28 District would provide within the City. I c. Describe the financial and operational impacts on the City from the City 2 contracting /annexing to the District. 3 d. Present recommendations relating to the disposition of all equipment and 4 facilities utilized by the City in its fire protection activities. 5 e. Describe the proposed operations of the District within the City, including types 6 of responses to specific alarms, intended staffing and utilization of equipment, fire prevention 7 activities, dispatching systems, support services, and the investigations of fire causes. 8 f. Explain the qualifications and procedures for transfer of City personnel to District 9 employment. 10 2. The District shall perform its reporting duties hereunder in its reasonable discretion 11 and shall not be under the direction of the City as to the manner in which it shall prepare and 12 supply the report, except that the District shall supply the report fully and expeditiously as 13 described in paragraph 1 hereof so long as City complies with paragraphs 3 and 4 hereof. 14 3. The City shall cooperate with the District by furnishing all personnel necessary for 15 the liaison with the District and shall make available (i) all City records for inspection by the 16 1 District and (ii) City personnel for interview, consultation, and discussion as the District may 17 from time to time request. The City shall disclose to the District any and all material facts 18 about the City and /or its Fire Department that could materially affect District's report or its 19 decision to negotiate for the District providing services to the City. 20 4. The City shall further assemble, process, and provide to District all records and 21 data in its possession as requested from time to time by the District for the purpose of this 22 agreement. 23 5. The City shall pay the costs incurred by the District in performing the services 24 herein above mentioned, or incidental thereto, in the amount of eighteen thousand dollars 25 ($18,000) within thirty (30) days of invoice from District. 26 6. After receipt of the report by City and upon written request from City, the District 27 may enter into negotiations with the City for the District providing services to the City. For the 28 first one - hundred twenty (120) days of negotiations, there will be no charge to City. After the 322 I initial one - hundred twenty (120) day negotiation period, City shall pay to District, within thirty 2 (30) days of invoice from the District, nine thousand dollars ($9,000) for every one - hundred 3 twenty (120) calendar days, or any portion thereof, of negotiations. 4 7. If City contracts with the District, a maximum of nine thousand dollars ($9,000) in 5 fees paid in association with the proposal preparation, and a maximum of nine thousand 6 dollars ($9,000) in fees paid for negotiations, will be credited to the conversion costs charged 7 to the City by the District. No other fees or costs incurred by City associated with negotiations 8 or the report preparation will be credited to City. 9 8. If, subsequent to distribution of the report, negotiations for the District providing 10 services to the City are commenced between the parties, and medical examinations and 11 background investigations related to the transfer of City personnel to District employment are 12 administered by District, and through action of the City no contracting /annexation of the City to 13 the District for fire protection, paramedic, and incidental services occurs, the City agrees that 14 upon demand it shall also pay for all costs incurred by the District in administering the medical 15 examinations and background investigations of City personnel. The cost of such medical 16 examinations and background investigations shall be established by the Auditor - Controller of 17 the County of Los Angeles. 18 9. This Agreement may be terminated at any time by either party thereto by the giving 19 of at least thirty (30) days' written notice of such termination to the other party; such 20 termination shall not affect the right of the District to receive prorated compensation for any 21 11 work done pursuant to this Agreement up to the time of such termination date. 22 // 23 // 24 // 25 // 26 // 27 // 28 // -3- 323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY IB y Chairman of the Board ATTEST: SACHI A. HAMAI Executive Officer -Clerk of the Board of Supervisors IB y Deputy APPROVED AS TO FORM: County Counsel By Deputy Amers\EI Segundo \Proposal Agreement.doc (11- 16 -09) CITY OF EL SEGUNDO By City Manager ATTEST: By Deputy City Clerk APPROVED AS TO FORM: By City Attorney -4- 324 Elected Officials: Kelly McDowell, Mayor Eric K. Busch, Mayor Pro Tom Carl Jacobson, Council Member Bill Fisher, Council Member Don Brann, Council Member Cindy Mortesen, City Cleric Ralph Lanphere, City Treasurer Appointed Officials: Jack WW, City Manager Mark D. Hensley, City Attorney Department Directors: Bill Crowe, Assistant City Manager Deborah Cullen, Finance Robert Hyland, Human Resources Kevin Smith, Fire Chief Debra Brighton, Library Services Greg Carpenter, Planning and Building Safety David Cummings, Police Chief Dana Greenwood, Public Works Robert Cummings, Recreation & Parks December 2, 2009 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 Dear Supervisors: REQUEST FOR CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY PROPOSAL TO PROVIDE FIRE PROTECTION AND PARAMEDIC SERVICES FOR THE CITY OF EL SEGUNDO The El Segundo City Council, at their meeting of December 1, 2009, voted to request that the Consolidated Fire Protection District of Los Angeles County prepare a proposal for the provision of fire protection, paramedic and incidental services to the City of El Segundo. The City Council, at this meeting, also agreed to execute the Agreement for Report for Fire Protection, Paramedic, and Incidental Services with the Consolidated Fire Protection District of Los Angeles County for payment of the proposal preparation. This executed agreement is attached herewith. It is requested that your Honorable Board grant favorable consideration to the City's request to direct the District staff to undertake this project and that your Board execute the attached Agreement for Report. Very truly yours, www.elsegundo.org I CITY OF EL SEGUNDO Jack Wayt, City Manager 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2300 FAX (310) 322 -7137 O (D r d r T M Ln O M r d M O O 00 (0 T L1) � Ln M N o n M 0 Q M N 0 co OD r-- CA O) .4 O OD O to N CA M M It N nCD j N N N 00 r 00 (D (M I- LO N zt 00 O w r O (D P� M O 1- I- 00 I` M Il_ (D (D LO CO ( t O O (D It M M C7 N CD M M r w O r co N LL N LL C\j �.. 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Z M0ZCLW : Z cul] U) Z U H Z Z W Cl) W('}�� W ZUmm Z9) Cl) ¢(r }(rw>- W W Z) JiL U1 I=i ^O =mH¢H WZ W �S J NZwCnZ —(n�H Z Z �JwJZ� }Z OTC �O i�Z(n Cn ti mm W �W W UUm Cn CnO CL UU0 W W W W w a Lu o ¢ °> OJCnJ¢Cnw a qO_O¢5 -CL m JCL LL CL U) W o w W Zln dd W m W m CL0 CnCAJa - Z U� zd¢cc Sz 0 0 Z c°vw (r¢»(r¢J dCnmmF - (D W X W W Q IL y to 0 U) U) D LUZZ� z W W tiUJ__w �m J2 0 N d c cc CL EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to (1) place an initiative on the ballot for the previously called April 13, 2010 municipal election to amend the City's utility user tax ( "UUT ") regulations (El Segundo Municipal Code ( "ESMC ") Chapter 3 -7) to update the language in regulations with regard to maintaining the City's revenues from the UUT tax based upon technological changes in communications methods; and (2) place an initiative on the ballot for the previously called April 13, 2010 municipal election to amend the City's business license tax regulations to (i) increase the tax amount annually based upon the ten -year average of percentage increase in public safety costs incurred by cities in California (ESMC Title 4), and (ii) reduce from a 50% credit to a 25% credit, over a three year period, the amount that businesses can reduce their annual business license tax based upon the annual sales /use tax they generate for the City. (Fiscal Impact: Projected approximate 6% per year increase to the City's business license tax for which the City collects an estimated $9,000,000 annually.) RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution placing an initiative on the ballot amending utility user tax regulations; 2. Adopt Resolution placing an initiative on the ballot amending business license tax regulations; 3. Consider Adopting a Resolution directing the City Attorney to prepare an impartial analysis for the two ballot initiatives; and, 4. Determine whether the Council will appoint itself or members thereof to draft the arguments and rebuttal arguments in favor of the tax measures. 5. Alternatively discuss and take other action relation to this item. ATTACHED SUPPORTING DOCUMENTS: Resolutions; proposed draft initiatives for utility users tax amendments and business license tax amendments. Business License Indexing Special Meeting Presentation on November 12, 2009. FISCAL IMPACT: Projected revenue increase not included in FY 2009 -2010 adopted budget. The estimated increase in this revenue source would not be realized until FY 2010 -2011. Amount Budgeted: $N /A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Deborah Cullen, Finance REVIEWED BY: Mark Hensley, City Attoi APPROVED BY: Jack Wayt, City Manages i 3�8 BACKGROUND AND DISCUSSION: General Municipal Election The City's general municipal election will be held on April 13, 2010. Based upon past direction from Council, staff is proposing that the Council place two ballot measures on the election for consideration for the electorate: (1) an amendment to the City's UUT regulations for purposes of ensuring that the City continues to capture the tax revenues from commercial communications based upon the changes in communication technologies; and (2) an increase in the City's business license tax amounts. Both of these taxes are and will remain general taxes (meaning they will be deposited into the City's general fund and can be used for any lawful local government purpose) and require approval by a majority of the electorate. Utility Users Tax The City's existing utility user tax ( "UUT "), which covers telephone, electricity, water and gas services, was adopted in 1998 and modified by election in 1996. The existing telephone UUT, applicable only to commercial and industrial service users, generates approximately $530,000 annually.' A large portion of this revenue is at risk due to outdated language in the telephone tax and changes in federal law. Since 1988, communication services changed dramatically. Telecommunications are no longer limited to standard "land line" telephone services. Cellular /wireless telephone calls, which are even among the simpler forms of communication today, now represent a greater portion of the telephone tax revenue than traditional land lines. Another newer technology, Voice Over Internet Protocol, is telephone service that is administered over an Internet line, not a telephone line and is fast becoming one of the most popular means of providing home and office telephone service. Moreover, the telephone companies' billing practices have changed over time and often traditional telephone services are bundled together with other communication services for a flat rate, resulting in additional complications in applying the existing UUT ordinance to modern services. The City's existing UUT regulations contain outdated definitions of communications services. The Cities of Los Angeles, Long Beach, Sacramento, Palo Alto and the County of Los Angeles have litigated over the application and validity of these types of outdated definitions. Voter approval of the proposed modern communication services tax ordinance would eliminate some of the concerns being litigated by other cities. The proposed ordinance would update the existing ordinance to apply the telephone tax to all types of communication services, unless precluded by federal statute. Currently, a federal statute precludes local taxation of Internet services and broadband services providing access to the ' In fiscal year 2005 -2006, $530,948 of the General Fund revenue was generated from the telephone tax specifically, and in fiscal year 2006 -2007, the tax generated $535,601. The 2008 -2009 budget estimated that $536,269 was generated from the tax in 2007 -2008. J2� J Internet. The proposed ordinance would not apply to digital downloads such as music, games and ringtones. The proposed ordinance would continue to only apply to commercial and industrial users and is proposed to remain at 2 %. However, the Council could set a different proposed tax rate (higher or lower) to submit to the voters in April. In an attempt to keep the changes in the ordinance revenue - neutral, some cities have chosen to reduce the tax rate by 0.5% or 1 %. The voters in cities such as Hermosa Beach, Malibu, Los Angeles and Huntington Park approved modern communication services ordinances subject to a reduced tax rate. While the voters approved these measures, it is important to note that a reduction in tax rate can be misunderstood by voters because it may not result in an actual reduction in the actual amount of taxes paid. Pasadena, Daly City, and Emeryville were able to obtain voter approval for their new UUT ordinances without reducing the tax rate, resulting in increased revenues. California cities have placed similar modern communication services ordinances on the ballot of their general municipal elections, and most of them to date (more than 50) were ultimately approved by the voters (approximately ten ordinances did not receive the required votes). Several more cities such as Palm Springs, Pomona and Cupertino have placed similar ordinances on the November 3, 2009 ballot. Business License Tax During the City Council's budget workshops, the Council indicated a willingness to place a measure on the ballot that would increase the City's business license taxes. The business license taxes have not increased since 1993 and accordingly as a percentage of the budget revenues and in terms of real dollars (when adjusted for inflation), the amount of business license taxes collected by the City continues to decline. In fiscal year 1992 -1993 Business License Tax covered almost 45% of the General Fund costs and 92% of the Public Safety costs. These ratio's have declined to 15% and 27% respectively (see page 7 of the attached presentation). Based upon the above information, at its September 1, 2009 Council Meeting, the Council directed staff to prepare specific options for Council to consider with regard to increasing the City's business license taxes. Accordingly, staff in consultation with Muni - Financial Services developed a number of alternatives for Council to consider at a Special Council Meeting that was held on November 12, 2009 (attached is a copy of the PowerPoint presentation that was presented to the Council at the meeting). In short, there were a number of options that were analyzed and presented for Council consideration at the Special Meeting. The options included annual fixed percentage rate increases, increases based upon the Consumer Price Index and increases based upon percentage increases in public safety costs to local agencies (either on a county -wide or state -wide basis). Additionally, the Council was presented with the option of reducing the credit that businesses currently receive against their annual business tax liability based upon the amount of sales /use tax they generate for the City. .i li At the conclusion of the Special Meeting, the Council directed that the proposed ballot measure be drafted to include an index to increase the City's business license taxes based upon annual public safety cost increases. Additionally, staff was directed to prepare language that would reduce the sales /use tax credit received by business from its current 50% cap to: 40% starting January 1, 2010; 30% starting January 1, 2011; and 25% starting January 1, 2012 remaining at 25% thereafter. Public Safety Index The majority of the City's budget expenses (60% currently) are driven by police and fire costs. It is anticipated that this will continue to be true into the future. Over the past 10 years, the City's police and fire expenditures have increased on average by 6.4% per year. Over this same time period, the local Consumer Price Index increased an average of 2.56% per year, while the "public safety index" (on a state -wide basis) has increased an average of 5.9% per year. Based upon concerns that public safety costs would continue to increase at twice the rate of the Consumer Price Index, staff in consultation with Muni - Financial Services developed the proposed "public safety index." While to staff's knowledge this index has not been utilized by any other governmental agency in California, it more accurately reflects the percentage of annual budget expenditure increases that are being incurred by the City and, accordingly, provides a better mechanism for helping the City to balance its budget. When the public safety index was discussed with Council at the November 12 Special Council Meeting, staff was focusing more on the potential of using a Los Angeles County -based public safety index. This index has averaged an annual percentage increase of approximately 6.2% over the past 10 years. While a Los Angeles County public safety index would more accurately reflect the costs being incurred by the City, the staff is recommending that Council use a public safety index based upon the annual average increase in public safety costs incurred by all cities in the state because this information is more readily available to the City and the public. In reviewing the availability of the County versus the statewide information regarding public safety costs, it has been determined that the State Controller's Office publishes an annual report that makes the state -wide information available annually each spring. Conversely, the County public safety costs are not consistently available with regard to when the Controller's Office will publish the information, and it is a much more involved process for the City and the public to extrapolate such information from the report. The ballot measure, if passed by a majority of the electorate, would result in the City increasing its business license taxes commencing on January 1, 2011 for the 2011 calendar year. The increase would be based upon averaging the last ten years of available statewide public safety increases for California cities and adding this ten -year average percentage increase to the City's current tax rates. Based upon the information the City has received, the latest data that will be available before January 1, 2011 will be the statewide public safety costs for fiscal year 2007/2008. Thus, the initial ten -year increase will be based upon the average of the eleven fiscal years of public safety costs (comparing the percentage of change from each successive fiscal year to the prior fiscal year and then dividing the total percentage increases by ten) for the period commencing with the 1997/1998 fiscal year and ending with the 2007/2008 fiscal year. Once this factor is calculated, the new fee will be calculated by using a cumulative factor rounded to J3I the nearest penny to ensure that all fees are increased at an equitable amount each year. See below for an example of this rounding methodology. Sales Tax Credit The City's current business license tax regulations allow businesses to offset their business license taxes by utilizing a credit that is based upon the amount of sales /use tax the City receives from sales /use tax revenues generated by businesses. Currently, a business can use up to 50% of the sales /use tax the City receives from the business as a credit against the amount of the business license tax it owes the City. For example, if a business generates $50,000 of sales /use tax for the City, it is entitled to apply 50% or $25,000 as a credit toward its BLT. If the businesses BLT liability totaled $25,000 or less, the business's actual business license tax owed to the City would be zero. City staff is recommending that the 50% credit amount be reduced down to 25% over a three - year period as set forth above. This credit was created to encourage businesses to self - accrue sales /use tax directly to the City. Over the last 10 years the City has not realized significant increases from this program, and in analyzing the data even at 25% credit most businesses already benefiting from this credit will still receive substantial savings on their Business License Tax. Over the past 10 years Business License Tax revenues have covered an average of 47% of public safety costs but is currently at only 27 %. The decline of this ratio puts an additional burden on other General Fund revenues and /or results in reduced services provided to residents. Indexing and implementing a phased sales /use tax credit will enable this tax revenue to maintain the historical coverage of public safety costs and not rely on other tax sources to cover the deterioration of this ratio. Page 11 of the attached presentation shows the deterioration of the coverage of the Business License Tax revenues to the Public Safety costs Staff also recommends changes to ESMC § 4 -2 -4 relating to the tax rate dollar amounts. These changes reflect the actual tax amounts after the tax reductions authorized by ESMC § 4 -2 -3. This is more of a practical change, rather than substantive, to help efficiently implement the tax rate calculations. There is no actual change to the tax rate; the dollar amount simply reflects what the City already charges based upon existing regulation. JJ2 Business Business Business Business Business License Rate License License License License Base FY 2010- Rate FY Rate FY Rate FY Rate FY Fee Descriptions 2011 2011 -2012 2012 -2013 2013 -2014 2014 -2015 all square $0.12 footage(Warehouse) 0.1271 0.1342 0.1412 0.1483 0.1554 each sq.ft. over 5,000 (General $0.21 Business ) 0.2224 0.2348 0.2472 0.2596 0.2720 each sq.ft. over $0.09 5,000 Commercial 0.0953 0.1006 0.1059 0.1112 0.1166 $0.02 per barrel Oil 0.0212 0.0224 1 0.0235 1 0.0247 0.0259 Sales Tax Credit The City's current business license tax regulations allow businesses to offset their business license taxes by utilizing a credit that is based upon the amount of sales /use tax the City receives from sales /use tax revenues generated by businesses. Currently, a business can use up to 50% of the sales /use tax the City receives from the business as a credit against the amount of the business license tax it owes the City. For example, if a business generates $50,000 of sales /use tax for the City, it is entitled to apply 50% or $25,000 as a credit toward its BLT. If the businesses BLT liability totaled $25,000 or less, the business's actual business license tax owed to the City would be zero. City staff is recommending that the 50% credit amount be reduced down to 25% over a three - year period as set forth above. This credit was created to encourage businesses to self - accrue sales /use tax directly to the City. Over the last 10 years the City has not realized significant increases from this program, and in analyzing the data even at 25% credit most businesses already benefiting from this credit will still receive substantial savings on their Business License Tax. Over the past 10 years Business License Tax revenues have covered an average of 47% of public safety costs but is currently at only 27 %. The decline of this ratio puts an additional burden on other General Fund revenues and /or results in reduced services provided to residents. Indexing and implementing a phased sales /use tax credit will enable this tax revenue to maintain the historical coverage of public safety costs and not rely on other tax sources to cover the deterioration of this ratio. Page 11 of the attached presentation shows the deterioration of the coverage of the Business License Tax revenues to the Public Safety costs Staff also recommends changes to ESMC § 4 -2 -4 relating to the tax rate dollar amounts. These changes reflect the actual tax amounts after the tax reductions authorized by ESMC § 4 -2 -3. This is more of a practical change, rather than substantive, to help efficiently implement the tax rate calculations. There is no actual change to the tax rate; the dollar amount simply reflects what the City already charges based upon existing regulation. JJ2 General Ballot Measure Information Impartial Analysis The Council may, but is not required to, direct the city attorney to prepare an impartial analysis of the measure. The analysis must show both the effect of the measure on existing law and its operation. The analysis cannot exceed 500 words and must precede the arguments for and against the measure on the sample ballot. Ballot Arguments The following persons may write an argument, not exceeding 300 words, for or against the measure: 1. The City Council; 2. Councilmembers authorized by the City Council; 3. Voters eligible to vote on the measure (i.e., a registered voter in the city); 4. A bona fide citizens' association; or 5. Any combination of voters and associations. An argument cannot be accepted unless it is accompanied by the name(s) of the person(s) submitting it. If an organization submits an argument, it must include the organization's name and the name of at least one principal officer. Only the first five signatures appearing with an argument will be printed on the sample ballot. The city clerk must select a reasonable deadline for submitting arguments, taking into account that voters must be allowed to examine the elections material for at least 10 calendar days before printing. One argument for the measure and one argument against the measure must be printed on the sample ballot. If there is more than one argument submitted, the city clerk must select from among them. The city clerk must give preference and priority to arguments in the following order: I . The City Council, or Councilmembers authorized by the Council. 2. A bona fide association of citizens. 3. Individual voters eligible to vote on the measure. The Elections Code allows the City Council to draft ballot arguments as a body or to appoint one or more of its members to draft a ballot argument. If the City Council wishes to authorize one of its members to draft an argument, it may do so by minute order. Please note that public resources, including staff time, cannot be used in opposing or supporting any initiative or J j-'33 referendum once a petition qualifies for the ballot.2 Accordingly, the City Council cannot designate a staff member to prepare ballot arguments. Z Government Code ( "GC ") § 54964(a); Vargas v. City of Salinas (2009) 46 Ca1.4`h 1, reh'g. den.; Stanson v. Mott (1976) 17 Ca1.3d 206,213; League of Women Voters v. Countywide Criminal Justice Coordinating Committee (1988) 203 Ca1.App.3d 529, rev. den. 034 RESOLUTION NO. A RESOLUTION PLACING AN INITIATIVE ON THE PREVIOUSLY CALLED APRIL 13, 2010 MUNICIPAL ELECTION PURSUANT TO ELECTIONS CODE § 9222 REGARDING UTILITY USERS TAXES. The City Council of the city of El Segundo resolves as follows: SECTION 1: Pursuant to Elections Code §§ 1301 and 10403, the City Council previously called for a general municipal election to be held in the City of El Segundo on Tuesday, April 13, 2010. SECTION 2: Pursuant to Elections Code § 9222, the City Council places an ordinance on the ballot for the general municipal election scheduled for Tuesday, April 13, 2010. SECTION 3: A copy of the ordinance to be considered by the voters is attached as Exhibit "A," and incorporated by reference, and is approved by the City Council through adoption of this Resolution. The ballot measure will be designated as Measure A on the ballot. SECTION 4: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ CHAPTER 3 -7 THAT IMPOSES A UTILITY USER TAX ON NOW RESIDENTIAL USERS IN THE CITY BY UPDATING AND REPLACING No ❑ THE TELEPHONE TAX REGULATIONS WITH MODERN COMMUNICATION SERVICES TAX REGULATIONS BE ADOPTED? SECTION 5: In accordance with Government Code § 53724(b), this Resolution must be adopted upon a two- thirds (2/3) vote and will become effective immediately upon adoption. PASSED AND ADOPTED this day of December, 2009. Kelly McDowell, Mayor -1- ��J A. Translate all ballot arguments into Spanish; B. Make translated copies of ballot arguments publicly available; SECTION 4: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Approved as to form: Mark. D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney -2- Kelly McDowell, Mayor 3ti ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 3 -7 AND REPLACING THE TELEPHONE TAX REGULATIONS WITH MODERN COMMUNICATION SERVICES TAX REGULATIONS AFFECTING COMMERCIAL AND INDUSTRIAL SERVICE USERS. The people of the city of El Segundo do hereby ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 3 -7 -1 is amended in its entirety to read as follows: "3 -7 -1: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated elsewhere in this Code, or in accordance with applicable law. A. "Ancillary telecommunication services" means services associated with or incidental to providing, use or enjoyment of telecommunication services, including, without limitation, the following: "Conference bridging service" means an ancillary service that links two or more participants of an audio or video conference call and may include providing a telephone number. Conference bridging service does not include the telecommunication services used to reach the conference bridge. 2. "Detailed telecommunication billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. 3. "Directory assistance" means an ancillary service of providing telephone number information or address information. 4. "Vertical service" means an ancillary service offered in connection with one or more telecommunication services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. 5. "Voice mail service" means an ancillary service that enables customers to store, send or receive recorded messages. Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service Page 1 of 8 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinancev2.doc] November 24, 2009 B. "Billing Address" means the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. C. COGENERATOR: Any corporation, including an electrical corporation, or commercial or industrial utility user employing cogeneration technology for producing power from other than a conventional power source for the generation of electricity. D. COMMERCIAL OR INDUSTRIAL UTILITY USER: Any commercial or industrial utility user conducting business as described in title 4, chapter 2 of this code, sections 4 -2 -4, 4 -2 -9, 4 -2 -11, 4 -2 -13, 4 -2 -14, 4 -2 -15, 4 -2 -16, 4 -2 -17, 4 -2 -25, 4 -2 -28, 4 -2 -29, 4 -2 -31, 4 -2 -32, 4 -2 -36, 4 -2 -37, 4 -2 -38, 4 -2- 41, 4 -2 -43, and subsections 4- 2 -20C, 4 -2 -20F and 4 -2 -23C and means "electrical corporation ", "gas corporation ", and "water corporation ". E. "Communication Services" means "telecommunication services" and "ancillary telecommunication services." F. ELECTRICAL CORPORATION, GAS CORPORATION, AND WATER CORPORATION: The same meaning as defined in sections 218, 222, and 241, respectively, of the state Public Utilities Code as said sections existed on January 1, 1975, except "electrical corporation" is construed to include any municipality, franchised agency, or cogenerator. G. "Mobile Telecommunications Service" has the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § 124) and the regulations promulgated thereto or any successor statutes or regulations. H. MONTH: A calendar month. "Person" means, without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non - profit), municipal district or municipal corporation (other than the City) cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. J. "Place of Primary Use" means the street address representative of where the service user's use of a communication service primarily occurs, which must be the business street address of the service user. K. "Post -paid telecommunication service means a telecommunication service obtained by making a payment on a communication-by - communication basis either through the use of a credit card or payment Page 2 of 8 [CADocuments and Settings\susiem \Local Settings \Temporary Internet Files \01_I<750 Segundo UUT Ordinancev2.doc] November 24, 2009 33� mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. L. "Prepaid telecommunication service" means the right to access telecommunication services, which must be paid for in advance and which enables the origination of communications using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. M. "Private telecommunication service means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i.e., the location where the customer either inputs or receives the communications). N. "Service Address" means either: The location of the service user's communication equipment from which the communication originates or terminates, regardless of where the communication is billed or paid; or, 2. If the location in Subsection (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the service address means the location of the service user's place of primary use. 3. For prepaid telecommunication service, "service address" means the location associated with the service number. O. SERVICE SUPPLIER: Any entity which receives taxes paid and remits same as imposed by this chapter. P. SERVICE USER: A commercial or industrial utility user required to pay a tax imposed by this chapter. Q. TAX ADMINISTRATOR: The finance director of the city of El Segundo. R. "Telecommunication services" means: Page 3 of 8 3:-1)9 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \0LK75 \EI Segundo UUT Ordinancev2.doc] November 24, 2009 r The transmission, conveyance, or routing of voice, data, audio, or any other information or signals to a point, or between or among points, whatever the technology used, and includes broadband services (e.g., T -1, digital subscriber line (eDSQ, fiber optic, coaxial cable, and wireless broadband, including Wi -Fi, WiMAX, and Wireless MESH) to the extent federal or state law permits taxation of such broadband services, now or in the future. The term telecommunication services includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (Vol P) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video or data services that are functionally integrated with telecommunication services. 2. Telecommunication services include, without limitation the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services: broadband service (to the extent federal and /or state law permits taxation of such service); mobile telecommunication service; prepaid telecommunication service (to the extent that it is practicable for the service supplier to collect the correct tax imposed under this Article from the service supplier); post -paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll -free numbers designated by the Federal Communications Commission); and 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre- recorded or live service). 3. Telecommunication services also include, without limitation, charges for connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features (including without limitation call waiting, call forwarding, caller identification and three - way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery charges; local number portability charges; and text. Telecommunication services do not include digital downloads that are not ancillary telecommunication services, such as video programming, music, ringtones, games, and similar digital products." SECTION 2: ESMC § 3 -7 -7 is amended in its entirety to read as follows: Page 4 of 8 -3 Ll o [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK750 Segundo UUT Ordinancev2.doc] November 24, 2009 "3 -7 -7: Communication services user tax: A. A tax is imposed upon every service user in the City using communication services. The maximum tax imposed by this Section is two percent (2 %) of the charges made for such services and must be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services billed to a billing or service address in the City are used, in whole or in part, within the City's boundaries and such services are taxable under this Chapter. If the billing address of the service user is different from the service address, the service address of the service user must be used for purposes of imposing the tax. As used in this Section, the term "charges" include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communication services. B. Mobile Telecommunications Service is sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § 124), regulations promulgated thereto, and any successor statute or regulation. The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Chapter, sourcing rules for the taxation of other communication services including, without limitation, post -paid communication services, prepaid communication services, and private communication services, provided that such rules are based upon industry custom and common practice that further administrative efficiency and minimize multi - jurisdictional taxation. C. To prevent actual multi - jurisdictional taxation of communication services subject to tax under this Section, any service user, upon proof to the Tax Administrator that the service user previously paid the same tax in another state or city on such communication services, is allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit cannot exceed the tax owed to the City under this Section. D. Except as otherwise provided by applicable federal or state law, if any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the Page 5 of 8 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinancev2.doc] November 24, 2009 3� 1 burden of proving the proper apportionment of taxable and non - taxable charges. E. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this Section, "substantial nexus" and "minimum contacts" are construed broadly in favor of the imposition, collection or remittance of the tax to the fullest extent permitted by state and federal law and as it may change from time to time by judicial interpretation or by statutory enactment. Any communication service (including VoIP) used by a person with a service address in the City, which service is capable of terminating a call to another person on the general telephone network, is subject to a rebuttable presumption that "substantial nexus /minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this Chapter. A service supplier is deemed to have sufficient activity in the City for tax collection and remittance purposes if its activities include, without limitation, any of the following: maintains or has within the City, directly or through an agent or subsidiary, a place of business of any nature; solicits business in the City by employees, independent contractors, resellers, agents or other representatives; solicits business in the City on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the City or distributed from a location with the City; or advertises in newspapers or other periodicals printed and . published within the City or through materials distributed in the City by means other than the United States mail. Upon request, the City must make available an accurate description of its jurisdictional boundaries based on street addresses or ZIP Plus Four, in an electronic format. If a service supplier relies upon such information provided by City, it is not responsible for any errors in taxation that may result. F. Satisfaction of Tax Obligation by Service Users. Any person who pays the tax levied pursuant to this Section with respect to any charge for a communication service is deemed to have satisfied that person's obligation to pay the tax levied pursuant to former Section 3 -7 -7 as codified immediately before adoption of this regulation with respect to that charge. Likewise, before October 1, 2010, any person who pays the tax levied pursuant to former Section 3 -7 -7 as codified immediately before adoption of this regulation is deemed to have satisfied the person's obligation to pay the tax levied pursuant to this Section with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the previous telephone tax to the new tax (which transition period ends October 1, 2010) and to permit communication service providers during that transition period to satisfy their collection obligations by collecting either tax. Page 6 of 8 [CADocuments and Settings\susiem \Local Settings \Temporary Internet Files \0LK75 \EI Segundo UUT Ordinancev2.doc] November 24, 2009 3,(42-- G. Collection of Tax by Service Supplier. Service Suppliers must begin to collect the tax imposed by this Section as soon as feasible after the effective date of the Section, but in no event later than permitted by Public Utilities Code § 799." SECTION 3: AMENDMENT OR REPEAL. ESMC § 3 -7 -7 may be repealed or amended by the City Council without voter approval. However, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Initiative as required by California Constitution Article XIIIC. Should the provisions of Government Code §§ 53720 et seq. or California Constitution Article XIIIC be repealed or amended, or interpreted by the courts so that voter approval is not required for enacting this Initiative, then this Initiative will take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 4: RATIFICATION OF PREVIOUS TAX. The People ratify and approve the past collection of the Telephone Users Tax under ESMC Chapter 3 -7 as it existed before the effective date of this Initiative. SECTION 5: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub - section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 6: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances will not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. SECTION 7: CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. Page 7 of 8 [CADocuments and Settings\susiem \Local Settings \Temporary Internet Files\OLK75 \EI Segundo UUT Ordinancev2.doc] y 3 November 24, 2009 SECTION 8: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Initiative'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 Initiative. SECTION 9: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Initiative or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Initiative will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 10: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on April 13, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 11: The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on April 13, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of , 2010. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Mayor Page 8of8 [CADocuments and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinancev2.doc] November 24, 2009 3yN ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTER 3 -7 AND REPLACING THE TELEPHONE TAX REGULATIONS WITH MODERN COMMUNICATION SERVICES TAX REGULATIONS AFFECTING COMMERCIAL AND INDUSTRIAL SERVICE USERS. The people of the city of El Segundo do hereby ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 3 -7 -1 is amended in its entirety to read as follows: "3 -7 -1: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meanings stated elsewhere in this Code, or in accordance with applicable law. - Deleted: The following words and T---- -------- ----- -- - - -- ------------- --- ------ ------- ------ --- - - - -- -- -------- ------ --- - - - - -- ---------------------------- �� phrases whenever used in this A. "Ancillary telecommunication services means services associated with or ` chapter shall be construed as defined incidental to providing, use or enjoyment of telecommunication services, in this section:¶ including, without limitation, the following: Formatted: Heading z 1. "Conference bridging service" means an ancillary service that links - - -- -- -- oormatted: Heading 3, Indent: Left: two or more participants of an audio or video conference call and may include providing a telephone number. Conference bridging service does not include the telecommunication services used to reach the conference bridge. 2. "Detailed telecommunication billing service" means an ancillary `- - - - - -- Formatted: Heading 3, Indent: Left: service of separately stating information pertaining to individual ° calls on a customer's billing statement. 3. "Directory assistance" means an ancillary service of providing Formatted: Heading 3, Indent: Left: telephone number information or address information. 01 4. "Vertical service" means an ancillary service offered in connection `- - - - - -- Formatted: Heading 3, Indent: Left: with one or more telecommunication services, which offers ° advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. 5. "Voice mail service" means an ancillary service that enables ' Formatted: Heading 3, Indent: Left: customers to store, send or receive recorded messages. Voice mail ° service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service Page 1 of 8 [C:\Documents and Settings \susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 �� l B. "Billing Address" means the mailing address of the service user where the - - - - -- Formatted: Heading 2 service supplier submits invoices or bills for payment by the customer. C. COGENERATOR: Any corporation, including an electrical corporation, or •- - - - - -- Formatted: Heading 2 -� commercial or industrial utility user employing cogeneration technology for producing power from other than a conventional power source for the generation of electricity. D. COMMERCIAL OR INDUSTRIAL UTILITY USER: Any commercial or •- - - - - -- Formatted: Heading 2 industrial utility user conducting business as described in title 4, chapter 2 of this code, sections 4 -2 -4, 4 -2 -9, 4 -2 -11, 4 -2 -13, 4 -2 -14, 4 -2 -15, 4 -2 -16, 4 -2 -17, 4 -2 -25, 4 -2 -28, 4 -2 -29, 4 -2 -31, 4 -2 -32, 4 -2 -36, 4 -2 -37, 4 -2 -38, 4 -2- 41, 4 -2 -43, and subsections 4- 2 -20C, 4 -2 -20F and 4 -2 -23C and shall mean "electrical corporation ", "gas corporation ", and "water corporation ". E. "Communication Services" means "telecommunication services" and -- -- -- Formatted: Heading 2, Left, Hyphenate, Adjust space between "ancillary telecommunication services." Latin and Asian text, Adjust space between Asian text and numbers, F. ELECTRICAL CORPORATION, GAS CORPORATION, AND WATER Tabs: Not at -0.5" CORPORATION: The same meaning as defined in sections 218, 222, Formatted: Heading 2 and 241, respectively, of the state Public Utilities Code as said sections existed on January 1, 1975, except "electrical corporation" shall be construed to include any municipality, franchised agency, or cogenerator. G. "Mobile Telecommunications Service" has the same meaning and usage -------- Formatted: Heading 2, Left, Hyphenate, Adjust space between as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § Latin and Asian text, Adjust space 124) and the regulations promulgated thereto or any successor statutes or between Asian text and numbers, Tabs: Not at -0.5" regulations. H. MONTH: A calendar month. •- Formatted: Heading 2 Person means, without limitation, any natural individual, firm, trust, Formatted: Heading 2, Left, Hyphenate, Adjust space between common law trust, estate, partnership of any kind, association, syndicate, Latin and Asian text, Adjust space club, joint stock company, joint venture, limited liability company, between Asian text and numbers, corporation (including foreign, domestic, and non - profit), municipal district Tabs: Not at -0.5" or municipal corporation (other than the City) cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. J. "Place of Primary Use" means the street address representative of where --------- Formatted: Heading 2, Left, Hyphenate, Adjust space between the service user's use of a communication service primarily occurs, which Latin and Asian text, Adjust space must be the business street address of the service user. between Asian text and numbers, Tabs: Not at -0.5" K. "Post -paid telecommunication service means a telecommunication -------- Formatted: Heading 2, Left, Hyphenate, Adjust space between service obtained by making a payment on a communication -by- Latin and Asian text, Adjust space communication basis either through the use of a credit card or payment between Asian text and numbers, Tabs: Not at -0.5 Page 2 of 8 [CADocuments and Settings \susiem \Local Settings\Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 .3y6 mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. L. "Prepaid telecommunication service" means the right to access - -- - - -- Formatted: Heading 2, Left, telecommunication services, which must be paid for in advance and which Hyphenate, Adjust space between Latin and Asian text, Adjust space enables the origination of communications using an access number or between Asian text and numbers, authorization code, whether manually or electronically dialed, and that is Tabs: Not at -0.5" sold in predetermined units or dollars of which the number declines with use in a known amount. M. "Private telecommunication service" means a telecommunication service - - - --- Formatted: Heading 2, Left, that entitles the customer to exclusive or priority use of a communications Hyphenate, Adjust space between p y Latin and Asian text, Adjust space channel or group of channels between or among termination points, between Asian text and numbers, regardless of the manner in which such channel or channels are Tabs: Not at -0.5" connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i.e., the location where the customer either inputs or receives the communications). N. "Service Address" means either: 1. The location of the service user's communication equipment from which the communication originates or terminates, regardless of where the communication is billed or paid; or, 2. If the location in Subsection (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the service address means the location of the service user's place of primary use. 3. For prepaid telecommunication service, "service address" means the location associated with the service number. O. SERVICE SUPPLIER: Any entity which receives taxes paid and remits •- - - ---- Formatted: Heading 2 same as imposed by this chapter. P. SERVICE USER: A commercial or industrial utility user required to pay a `- - - - - -- Formatted: Heading 2 tax imposed by this chapter. Q. TAX ADMINISTRATOR: The finance director of the city of El Segundo. • - --- -- Formatted: Heading 2, Left, Hyphenate, Adjust space between Latin and Asian text, Adjust space R. "Telecommunication services" means: between Asian text and numbers, Tabs: Not at -0.5" Page 3 of 8 [C:\Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 347 The transmission, conveyance, or routing of voice, data, audio, or '' -- - - -- Formatted: Bullets and Numbering any other information or signals to a point, or between or among points, whatever the technology used, and includes broadband services (e.g., T -1, digital subscriber line (eDSL), fiber optic, coaxial cable, and wireless broadband, including Wi -Fi, WiMAX, and Wireless MESH) to the extent federal or state law permits taxation of such broadband services, now or in the future. The term telecommunication services includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VolP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video or data services that are functionally integrated with telecommunication services. 2. Telecommunication services include, without limitation the following`- - - - " -" Formatted: Bullets and Numbering services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services: broadband service (to the extent federal and /or state law permits taxation of such service); mobile telecommunication service; prepaid telecommunication service (to the extent that it is practicable for the service supplier to collect the correct tax imposed under this Article from the service supplier); post -paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll -free numbers designated by the Federal Communications Commission); and 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre- recorded or live service). 3. Telecommunication services also include, without limitation, -------- Formatted: Bullets and Numbering charges for connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features (including without limitation call waiting, call forwarding, caller identification and three - way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery charges; local number portability charges; and text. Telecommunication services do not include digital downloads that are not ancillary telecommunication services, such as video programming, music, ringtones, games, and similar digital products. SECTION 2: ESMC § 3 -7 -7 is amended in its entirety to read as follows: Page 4 of 8 [CADocuments and Settings\susiem \Local Settings \Temporary Internet Files \01_K750 Segundo UUT Ordinance - redlined.doc] November 24, 2009 J�f`zS "3 -7 -7: Communication services user tax: A. A tax is imposed upon every service user in the City using communication services. The maximum tax imposed by this Section is two percent (2 %) of the charges made for such services and must be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services billed to a billing or service address in the City are used, in whole or in part, within the City's boundaries and such services are taxable under this Chapter. If the billing address of the service user is different from the service address, the service address of the service user must be used for purposes of imposing the tax. As used in this Section, the term "charges" include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communication services. B. Mobile Telecommunications Service is sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § 124), regulations promulgated thereto, and any successor statute or regulation. The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Chapter, sourcing rules for the taxation of other communication services including, without limitation, post -paid communication services, prepaid communication services, and private communication services, provided that such rules are based upon industry custom and common practice that further administrative efficiency and minimize multi - jurisdictional taxation. C. To prevent actual multi - jurisdictional taxation of communication services subject to tax under this Section, any service user, upon proof to the Tax Administrator that the service user previously paid the same tax in another state or city on such communication services, is allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit cannot exceed the tax owed to the City under this Section. D. Except as otherwise provided by applicable federal or state law, if any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the Page 5 of 8 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 3qq burden of proving the proper apportionment of taxable and non - taxable charges. E. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this Section, "substantial nexus" and "minimum contacts" are construed broadly in favor of the imposition, collection or remittance of the tax to the fullest extent permitted by state and federal law and as it may change from time to time by judicial interpretation or by statutory enactment. Any communication service (including VoIP) used by a person with a service address in the City, which service is capable of terminating a call to another person on the general telephone network, is subject to a rebuttable presumption that "substantial nexus /minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this Chapter. A service supplier is deemed to have sufficient activity in the City for tax collection and remittance purposes if its activities include, without limitation, any of the following: maintains or has within the City, directly or through an agent or subsidiary, a place of business of any nature; solicits business in the City by employees, independent contractors, resellers, agents or other representatives; solicits business in the City on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the City or distributed from a location with the City; or advertises in newspapers or other periodicals printed and published within the City or through materials distributed in the City by means other than the United States mail. Upon request, the City must make available an accurate description of its jurisdictional boundaries based on street addresses or ZIP Plus Four, in an electronic format. If a service supplier relies upon such information provided by City, it is not responsible for any errors in taxation that may result. F. Satisfaction of Tax Obligation by Service Users. Any person who pays the tax levied pursuant to this Section with respect to any charge for a communication service is deemed to have satisfied that person's obligation to pay the tax levied pursuant to former Section 3 -7 -7 as codified immediately before adoption of this regulation with respect to that charge. Likewise, before October 1, 2010, any person who pays the tax levied pursuant to former Section 3 -7 -7 as codified immediately before adoption of this regulation is deemed to have satisfied the person's obligation to pay the tax levied pursuant to this Section with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the previous telephone tax to the new tax (which transition period ends October 1, 2010) and to permit communication service providers during that transition period to satisfy their collection obligations by collecting either tax. Page 6 of 8 [CADocuments and Settings \susiem \Local Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 j�0 G. Collection of Tax by Service Supplier. Service Suppliers must begin to collect the tax imposed by this Section as soon as feasible after the effective date of the Section, but in no event later than permitted by Public Utilities Code § 799." SECTION 3: AMENDMENT OR REPEAL. ESMC § 3 -7 -7 may be repealed or amended by the City Council without voter approval. However, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this Initiative as required by California Constitution Article XIIIC. Should the provisions of Government Code §§ 53720 et seq. or California Constitution Article XIIIC be repealed or amended, or interpreted by the courts so that voter approval is not required for enacting this Initiative, then this Initiative will take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 4: RATIFICATION OF PREVIOUS TAX. The People ratify and approve the past collection of the Telephone Users Tax under ESMC Chapter 3 -7 as it existed before the effective date of this Initiative. SECTION 5: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub - section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 6: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. SECTION 7: CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. Page 7 of 8 [CA)ocuments and Settings\susiernlocal Settings \Temporary Internet Files \OLK75 \EI Segundo UUT Ordinance - redlined.doc] November 24, 2009 36( SECTION 8: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Initiative'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 Initiative. SECTION 9: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Initiative or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Initiative will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 10: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on April 13, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 11: The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on April 13, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of 2010. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Mayor Page 8 of 8 [C1Documents and Settings \susiem\Local Settings \Temporary Internet Files \OLK750 Segundo UUT Ordinance - redlined.doc] November 24, 2009 3 5 � RESOLUTION NO. A RESOLUTION PLACING AN INITIATIVE ON THE PREVIOUSLY CALLED APRIL 13, 2010 MUNICIPAL ELECTION PURSUANT TO ELECTIONS CODE § 9222 REGARDING BUSINESS LICENSE TAXES. The City Council of the city of El Segundo resolves as follows: SECTION 1: Pursuant to Elections Code §§ 1301 and 10403, the City Council previously called for a general municipal election to be held in the City of El Segundo on Tuesday, April 13, 2010. SECTION 2: Pursuant to Elections Code § 9222, the City Council places an ordinance on the ballot for the general municipal election scheduled for Tuesday, April 13, 2010. SECTION 3: A copy of the ordinance to be considered by the voters is attached as Exhibit "A," and incorporated by reference, and is approved by the City Council through adoption of this Resolution. The ballot measure will be designated as Measure B on the ballot. SECTION 4: Pursuant to Elections Code §§ 9222 and 13119 the exact form of the question to be voted on at the election as it should appear on the ballot is as follows: SHALL THE ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE Yes ❑ §§ 4 -2 -1, 4 -2 -3, AND 4 -2-4 TO ALLOW ANNUAL INCREASES TO THE BUSINESS LICENSE TAX TO FUND GENERAL MUNICIPAL SERVICES No ❑ INCLUDING, WITHOUT LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES BE ADOPTED? SECTION 5: In accordance with Government Code § 53724(b), this Resolution must be adopted upon a two- thirds (2/3) vote and will become effective immediately upon adoption. PASSED AND ADOPTED this day of December, 2009. Kelly McDowell, Mayor -1- 5 3 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney -2- 35 y ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 4 -2 -1, 4 -2 -3, AND 4 -2-4 TO ALLOW ANNUAL INCREASES TO THE BUSINESS LICENSE TAX TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES. The people of the city of El Segundo do hereby ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 4 -2 -1 is amended to read as follows: "4 -2 -1: FEES PAID TO CITY: A. The amount of license fee to be paid to the City by persons commencing or conducting any business subject to this Chapter are set forth in this Chapter. B. Beginning on January 1, 2011, license fees imposed in this Title will be increased annually each January 1St on a percentage basis using the data set forth in the Cities Annual Report published annually by the California State Controller's Office ( "Report" or "Reports ") for "Police, Fire and Other Public Safety Expenditures" as reported by cities in accordance with Government Code § 53892 and 2 California Code of Regulations § 1141.3 (Safety Expenditures), and their successor statutes or regulations, calculated as follows: Based upon the eleven most recently published Reports, the ten year average percentage increase is derived by comparing Safety Expenditures from each of the first ten of the eleven fiscal year Reports with the next fiscal year's Reports for Safety Expenditures and then adding the ten separate annual percentage increases together and dividing the total by ten; and 2. Multiplying the ten year average percentage increase described in B.1. above by the existing license fees and adding this sum of to the amount of the current license fees imposed by the City for the prior calendar year. C. Notwithstanding any other provisions of this code, license fees imposed in this Title will be increased by a minimum of one cent ($0.01) every two calendar years. Page 1 of 4 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \Bus License Initiativev6 11 -24 -09 - clean with credit.doc] November 24, 2009 s5 SECTION 2: ESMC § 4 -2 -3 is amended to read as follows: "4 -2 -3: TAX REDUCTION; TAX CREDIT: A. Tax Reduction. Except for Section 4 -2 -4 and increases imposed by Section 4- 2 -1(B), the amount of a business license tax imposed on any business by this Title shall be reduced by ten percent (10 %) and the remainder of such tax shall be reduced by an additional five percent (5 %). B. Tax Credit. A business subject to the tax imposed by this Chapter is entitled to a tax credit against the tax imposed by Section 4 -2 -4 whenever it generates sales and /or use tax in the year immediately preceding the year in which the tax is due. The credit is applied to the business registration tax due for the following year. C. The tax credit referred to in Section B. above is available as follows: For calendar year 2011, the credit will equal up to forty (40 %) percent of the sales or use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the date the tax is due; 2. For calendar year 2012, the credit will equal up to thirty (30 %) percent of the sales or use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the date the tax is due; 3. For calendar year 2013 and thereafter, the credit will equal up to twenty -five (25 %) percent of the sales or use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the date the tax is due." D. Under no circumstances can the amount of the tax credit for any year be calculated to be greater than the total amount of tax due for any year under this Chapter." SECTION 3: ESMC § 4- 2- 4(A)(1 -5) is amended to read as set forth below. Except as modified, all other provisions of ESMC § 4 -2 -4 remain the same: "4 -2 -4: BUSINESSES GENERALLY: A. Unclassified Businesses; Fee Schedule: Every person engaged in a business not specifically mentioned or classified in this Chapter shall pay a license fee in accordance with the following schedule: Employees: A basic fee of eight -eight dollars ($88.00) per year, 356 Page 2 of 4 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \Bus License Initiativev6 11 -24 -09 - clean with credit.docj November 24, 2009 which shall cover the first ten (10) employees and one hundred nine dollars ($109.00) per year for each employee in excess of ten (10) employees; and 2. Floor Area: In addition, each such person shall pay a fee of twenty one cents ($0.21) per square foot of floor area occupied for a business purpose in excess of five thousand (5,000) square feet. A fee of nine cents ($0. 09) per square foot shall be imposed on vacant space available for rent or lease for business purposes, said fee to be payable by the person with the right to possession of the property; and 3. Additional Location: In addition, each such person shall pay nine dollars ($9.00) per year for each additional business location within the City. 4. Intentionally omitted. 5. Intentionally omitted." SECTION 4: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub - section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 5: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. SECTION 6: CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. Page 3 of 4 [C: \Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \Bus License Initiativev6 11 -24 -09 - clean with 357 credit.doc] November 24, 2009 SECTION 7: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 9: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on April 13, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 10: The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on April 13, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of , 2010. ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Kelly McDowell, Mayor Page 4 of 4 [C:\Documents and Settings\susiem \Local Settings \Temporary Internet Files \OLK75 \Bus License Initiativev6 11 -24 -09 - clean with credit.doc] November 24, 2009 3s� ORDINANCE NO. AN INITIATIVE MEASURE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 4 -2 -1, 4 -2 -3, AND 4 -2 -4 TO ALLOW ANNUAL INCREASES TO THE BUSINESS LICENSE TAX TO FUND GENERAL MUNICIPAL SERVICES INCLUDING, WITHOUT LIMITATION, POLICE PROTECTION AND CRIME SUPPRESSION SERVICES, FIRE PREVENTION AND SUPPRESSION SERVICES, AND PARK AND RECREATION FACILITIES AND SERVICES. The people of the city of El Segundo do hereby ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 4 -2 -1 is amended to read as follows: "4 -2 -1: FEES PAID TO CITY: A. The amount of license fee to be paid to the City by persons commencing or conducting any business subject to this Chapter shall be as pFewdedare set forth in this Chapter. Beainnina on January 1. 2011. license fees imposed in this Title will be increased annually each January 1St on a percentage basis using the data set forth in the Cities Annual Report published annually by the California State Controller's Office ( "Report" or "Reports ") for "Police. Fire and Other Public Safety Expenditures" as reported by cities in accordance with Government Code § 53892 and 2 California Code of Reaulations 1141.3 (Safety Expenditures), and their successor statutes or reaulations. calculated as follows: 1. Based upon the eleven most recently published Reports. the ten year averaae gercentaae increase is derived by comparing Safety Expenditures from each of the first ten of the eleven fiscal year Reports with the next fiscal year's Reports for - Safety Expenditures and then addina the ten separate annual percentage increases tog her and dividing the total by ten: and 2. Multiplying the ten year average percentage increase described in 13.1. above by the existing license fees and adding this sum of to the amount of the current license fees imposed by the City for the prior calendar year. Notwithstanding any other provisions of this code, license fees imposed in this Title will be increased by a minimum of one cent ($0.01) every two calendar years. 3 j1( SECTION 2: ESMC § 4 -2 -3 is amended to read as follows: "4 -2 -3: TAX REDUCTION; TAX CREDIT: A. Tax Reduction. Except for Section 4 -2 -4 and increases imposed by Section 4- 2 -1(B), the amount of a business license tax imposed on any business by the -this Title shall be reduced by ten percent (10 %) and the remainder of such tax shall be reduced by an additional five percent (5 %). B. Notwithstanding the fgFegeing, a Gredit shall be granted against the tax Tax Credit. A business subject to the tax imposed by this Chapter is entitled to a tax credit against the tax imposed by Section 4 -2 -4 whenever it generates sales and /or use tax in the year immediately preceding the year in which the tax is due. The credit stall -bed applied to the business registration tax due for the following year. The GFedit shall be equal to ffftytaax credit referred to in Section B above is available as follows: 1. For calendar year 2011, the credit will equal up to forty (4 00 percent ° of the sales apWor use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the date the tax is due. HeweveF, the amount of said GFedot shall 2. For calendar year 2012, the credit will equal up to thirty percent of the sales or use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the- date the tax is due: For calendar year 2013 and thereafter, the credit will equal up to twenty -five (25 %) percent of the sales or use tax generated by the business and received by the City during the twelve (12) month period ending on June 30 preceding the date the tax is due." Q Under no circumstances can the amount of the tax credit for any year be calculated to be greater than the total amount of tax due." for any year under this Chapter." SECTION 3: ESMC § 4- 2 -4(A)( ' " is amended to read as follow- set forth below. Except as modified, all other provisions of ESMC & 4 -2 -4 remain the same: -3(,0 "4 -2 -4: BUSINESSES GENERALLY: A. A.-Unclassified Businesses; Fee Schedule: Every person engaged in a business not specifically mentioned or classified in this Chapter shall pay a license fee in accordance with the following schedule: 1. 4— Employees: A basic fee of one huRdFe i ht -eiah dollars ($403.0088_00) per year, which shall cover the first ten (10) employees and one hundred bmenty seveanine dollars ($127.00109.00) per year for each employee in excess of ten (10) employees; and _ 2-Floor Area: In addition, each such person shall pay a fee of twenty five —e cents ($0-.2-521) per square foot of floor area occupied for a business purpose in excess of five thousand (5,000) square feet. A fee of tennine cents ($0 SAO. 09) per square foot shall be imposed on vacant space available for rent or lease for business purposes, said fee to be payable by the person with the right to possession of the property; and _ 3- Additional Location: In addition, each such person shall pay elevennine dollars ($44-.009M. ) per year for each additional business location within the City. - - - -9M"4 . . . - - Mr- .• - - - Mes- - - - OP-M. - - M - - - - - -9M"4 . . . - - 30 Mr MINIM Re eVeRt, shall the arneunt of business IiGeRSe tax be less thaR the aFneun Intentionally omitted. SECTION 4: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub - section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 5: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a 6 L _5. Intentionally omitted." SECTION 4: INTERPRETATION. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub- section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub - section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application. SECTION 5: SEVERABILITY. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, the remainder of the initiative and the application of such provision to other persons or circumstances shall not be affected thereby. We the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a 6 L manner consistent with the express and implied intent of this Initiative, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. SECTION 6: CONSTRUCTION. This Initiative must be broadly construed in order to achieve the purposes stated in this Initiative. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Initiative. SECTION 7: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 9: EFFECTIVE DATE. This Initiative will enact and impose a general tax. Accordingly, it will be submitted to a general election on April 13, 2010 for voter approval. If a majority of voters vote in favor of this Initiative, it will become valid and binding ten days after the date that the City Council certifies the election results in accordance with Elections Code § 9217. SECTION 10: The Mayor will sign this Initiative and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on April 13, 2010 approve the proposition asking whether the voters approve this Initiative. PASSED AND ADOPTED this day of , 2010. Kelly McDowell, Mayor ATTEST: Cindy Mortesen, City Clerk 3(3 APPROVED AS TO FORM: Mark D. Hensley, City Attorney -:� 6 y RESOLUTION NO. A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE BALLOT MEASURE REGARDING THE EL SEGUNDO UTILITY USERS TAX AND BUSINESS LICENSE TAX. The City Council of the city of El Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot measures regarding the utility users tax and business license tax to the City Attorney for an impartial analysis. SECTION 2: Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the measures showing their effect, if any, on existing law and the operation of the measures. Such analysis must not be more than 500 words. SECTION 3: The City Clerk is directed to have the City Attorney's analysis printed before the arguments for and against the measures. Immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: "The above statement is an impartial analysis of Measure . If you desire a copy of the legislation affected by this measure, please call the City Clerk's office at (310) and a copy will be mailed at no cost to you." SECTION 4: Pursuant to 42 U.S.C. § 1973aa -1 a., the City Clerk will: A. Translate the City Attorney's analysis into Spanish; B. Make translated copies of the City Attorney's analysis publicly available; SECTION 5: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this day of Kelly McDowell, Mayor -1- , 2009. [C:\Documents and Settings \susiem \Local Settings \Temporary Internet Files \OLK75 \City Attorney analysis - ES UUT.doc] November 24, 2009�rj Approved as to form: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney -2- [CA\Documents and Settings \susiem \Local Settings \Temporary Internet Files \OLK75 \City Attorney analysis - ES UUT.doc] November 24, 2009 366 RESOLUTION NO. A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR THE PREVIOUSLY CALLED MUNICIPAL ELECTION ON APRIL 13, 2010. The City Council of the city of El Segundo resolves as follows: SECTION 1: Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the previously called April 13, 2010 election on forms provided by the City Clerk. SECTION 2: Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286: A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words; B. Arguments may be submitted by the City Council; any councilmember authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations; C. Arguments must be typewritten in at least a 12 point font; D. Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting; E. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. F. If more than five (5) signatures accompany an argument, only the first five (5) will be printed. G. Arguments for or against the ballot measures must be received in the City Clerk's office not later than Rebuttal arguments must be received not later than SECTION 3: Pursuant to 42 U.S.C. § 1973aa -1 a, the City Clerk will: -1- ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney :2 Karl H. Berger, Assistant City Attorney -2- N td O tA G) 36y C 3 cr (D 0 CD �I CD \/ a. 0 0 0 CD s' P4 w �T V m D V l ^� i CD 0 O X1'1 0 -% cn 3 c� V CD X �-+ —n 0 r0�. /�� '►� }++ CD QL (n C 1 cn' ° 0 -0 o 3 CD cn C] CD 0 CD 0` 0 , C 3 Pa X CD ma . c_ CD 0 W \W \V Y D V l ^� i CD 0 O X1'1 0 -% cn 3 c� V CD X �-+ —n 0 /�� '►� }++ CD QL (n C 1 '00 < % 0 C] 0 cD 0 , C Pa X CD CD E co c CD cn cn r V [X (\D its L-09 L/1 r n z (A m z d x z c� W I -3-10 .P, ■ � Q (D �. cn N CD 3 CD X f� �• O � O — OD O O O C% CD Q. O O 3 CD• w CD CD ■ N O 3 O CD cn CD X Q O O CCDD .-+ co E� r cr m 0 0 V a+ rcn C cn CD x 0 CD Q. 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CD O x cn 3 C: cn C CD o o x CA 0 0 c� 0 N N N CD C I N C3� 0 V ■ cr A O� b O � Z O Uj �r n z d z 3 '7 7.i3 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible direction to Planning and Building Safety staff to review and to prepare municipal code amendments to the existing off - street parking and loading requirements in El Segundo Municipal Code (ESMC) Chapter 15 -15. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Receive staff presentation; 2. Direct staff regarding proceeding with further analysis and development of municipal code amendments to ESMC Chapter 15 -15 regarding off - street parking and loading requirements; and /or 3. Alternatively, discuss and take other actions related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. City Council staff report dated April 3, 2007 2. Planning Commission Powerpoint presentation, dated November 12, 2009 3. Summary information on parking and loading standards research 4. El Segundo Municipal Code Chapter 15 -15 "Off- Street Parking and Loading Spaces" 5. Zoning Code Interpretations Pertaining To Off - Street Parking and Loading Requirements. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A C. ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Greg Carpenter, Planning uilding Safety Director APPROVED BY: Jack Wayt, City Manage BACKGROUND AND DISCUSSION: I. Background The City's existing off- street parking and loading requirements have not been comprehensively updated since the late 1990's. More recently, in 2006, the City Council approved a code text amendment to address the use of vehicle lifts on residential properties in the Single - Family Residential (R -1) and Two - Family Residential (R -2) Zones. However, a comprehensive update to these regulations is needed: 1) to ensure the orderly development of property in the City; 2) to provide adequate design and quantity of parking and loading facilities; 3) to facilitate well 19 3781 designed development projects; and 4) to reflect the changing physical design needs and legal requirements. In April 2007, in response to a staff request, the City Council directed staff to initiate research for the purpose of comprehensively updating the City's parking and loading regulations (see Attachment 1). The specific direction included: a) incorporating code interpretations of the parking requirements into the municipal code where appropriate; b) permitting alternative design options and flexibility for commercial and industrial parking design; c) reducing excessive loading requirements for large -scale commercial projects such as Plaza El Segundo and Corporate Campus; d) incorporating certain uses and standards that are not addressed in the City's regulations; and e) revising residential parking dimensions and design to improve its functionality and to eliminate inadequate parking access. The project was subsequently put on hold because of a high level of development activity throughout 2007 and 2008. In September 2009, staff resumed the project and incorporated the update of the City's parking and loading regulations in the 2009 -2010 Planning and Building Safety Work Program. As part of its efforts to date, staff surveyed the regulations of other cities and solicited input from the Planning and Building Safety Advisory Committee (on September 21, 2009) and the Planning Commission. Staff gave a Powerpoint presentation to the Planning Commission at its November 12, 2009 meeting (Attachment 2). II. Analysis Planning staff proposes to evaluate the ESMC Chapter 15 -15 in its entirety. In addition to the direction received from the City Council, the proposed update has the following objectives: A. Improve the code organization and format. This will include reordering and /or consolidating sections of the parking and loading regulations into a more logical sequence where appropriate, as well as incorporate more extensive use of diagrams and illustrations to supplement and clarify written text. B. Clarify and update existing code provisions. This will include incorporating interpretations of the code requirements into the code itself, clarifying conflicting standards, and updating standards to reflect current city needs and planning practices. C. Incorporate new requirements regarding issued not addressed in the Code. This will include requirements regarding the required number parking and loading spaces for uses not addressed currently and requirements relating to parking design (e.g. ramp design, stall striping). New requirements are intended to modernize the parking and loading standards for today's needs and to ensure the functionality and accessibility of parking and loading facilities. D. Improve the code flexibility and grant staff more discretion in its application. This includes making the standards more flexible (e.g. allowing narrower parking aisles when parking stalls are wider), and giving the Director more discretion to approve minor deviations from the code standards when justified. 379 2 E. Improve the predictability of code requirements for applicants and residents. Improvements to the code organization, clearer provisions, and additional provisions on issues not addressed currently will make the permitting and development process much more predictable and efficient for residents, developers, and staff. The primary issues that are anticipated to be addressed include, but are not limited to, the following: A. Required Number of Parking Spaces Staff is considering adding a parking requirement for the minimum number of spaces for data centers, live /work uses, and other uses. Some of these uses currently require a parking demand study with Director and /or Planning Commission review and this would reduce the time and expense of such studies if a reasonable fixed standard could be established as a requirement. In addition, staff is proposing to modify the requirements for certain uses, such as food- to -go, small restaurants without seating, churches, and other uses. Finally, staff proposes to clarify and expand the definitions of certain use categories. The intent is to make the code more user - friendly and to provide clear precise standards where feasible while maintaining a process to allow flexibility for unique uses through a parking demand study. B. Parking Development Standards Residential parking_ spaces. Staff proposes to amend the residential parking standards to measure the required garage dimensions using the interior dimensions, to standardize the width residential parking spaces, while providing an exception for substandard lots. In addition, staff proposes to set a maximum size limit for garages on single family residential lots. The City currently has three different width requirements for residential parking spaces and no maximum size limit for residential garages. Parking obstructions. The City does not have requirements regarding permitted parking obstructions. Staff proposes to include certain allowances for both commercial and residential parking (e.g. support posts or columns adjacent to each end of a parking stall and overhead storage above residential parking spaces). This will give developers/ designers more flexibility in their parking area layout, while maintaining functional parking space dimensions. Parking aisle width. Staff proposes a flexible standard for parking aisle width with a minimum of 22 feet. This standard will allow developers /designers flexibility especially on narrow parcels with significant space constraints. Narrower aisle widths in conjunction with wider parking stall widths would still maintain adequate aisle width for two -way traffic and sufficient maneuverability in and out of parking stalls. Tandem parking spaces. Staff proposes to prohibit the use of tandem parking spaces on multiple - family residential properties, with the exception of development projects that qualify for density bonuses pursuant to California Government Code Chapter 4.3, § 65915 (Incentives for lower income housing development, childcare facilities). Currently, the City allows tandem spaces in all residential zones up to 100 percent of the 3 8. required spaces. Only 20 percent of required spaces can be tandem in the commercial and manufacturing zones (excluding Smoky Hollow). Bicycle spaces. The City currently requires bicycle spaces for commercial /industrial buildings over 48,000 square feet in size at a very low ratio. No bicycle spaces are required for residential projects. Staff proposes to lower the size threshold at which bicycle spaces would be required, to increase the required ratio (number of spaces required), and to introduce bicycle space requirements for multiple - family residential projects over a certain size. This is intended to encourage use of alternative transportation and to make it a viable alternative by providing for more bicycle parking. Driveway ramp standards. The City currently has no driveway ramp standards and staff is unable to direct developers with regard to safe and efficient design of ramps. Staff proposes to establish requirements for maximum ramp slope and ramp transitions. C. Loading Space Standards i) Staff proposes to revise the development standards for loading spaces so that the requirement is based on the uses involved rather than established by zoning districts. ii) Staff proposes to create two additional types of loading spaces for passenger loading and small truck loading with reduced dimensions, while maintaining the existing type of large truck loading space. iii) Staff proposes incorporating passenger loading requirements for specified uses, such as schools and daycare facilities. iv) Staff proposes to require fewer large truck loading spaces by replacing a portion of the required spaces with small truck loading spaces for hotels, offices, institutional and some industrial uses that are not dependent on large truck loading, particularly for uses/buildings below 100,000 square feet in size. v) Mixed Use /Campus style projects. Staff proposes to reduce the loading requirement for large scale projects where a common loading area/facility can be provided. Approval of such exceptions would be subject to the Director's discretion. D. Minor Exceptions — Director's Discretion. Staff believes that the Planning and Building Safety Director should be given limited authority to grant minor exceptions from the parking and loading requirements when justified. Such authority would give staff flexibility to address minor design issues related to specific properties or types of uses. Decisions could be administered through the administrative determination and/or through the adjustment process. Number of parking spaces. The Director would be allowed to grant minor reductions in the number of spaces required. As an example, reductions in the number of parking spaces may be needed for minor design constraints for sites with existing buildings and to accommodate compliance with Title 24 accessibility requirements for ADA accessible ramps, and passenger and van ADA accessible parking stall dimensions (e.g. providing 381 4 the required number of ADA accessible spaces may reduce the total number of on -site spaces by a stall or two). Parking and loadinp, standards. The Director would allow small deviations from required standards, such as the width of driveways, or the dimensions of parking or loading spaces. As an example, minor deviations of parking stall widths for a limited number of spaces may be needed for parking lot design or redesign on small lots. (e.g. a reduction of a couple of inches may be necessary for a few spaces such as for the last stall on the end of each parking aisle). Non quantitative standards. The Director would allow deviations from standards, such as paving materials or parking lot striping colors. A copy of ESMC Chapter 15 -15 and the existing Municipal Code interpretations are attached for your reference (Attachments 4 and 5 respectively). As mentioned previously, staff solicited input from the Planning and Building Safety Advisory Committee and the Planning Commission. They support making the development standards more flexible, granting staff some discretion for minor deviations from code standards, and restructuring loading requirements. III. Conclusion and Recommendation Planning and Building Safety staff recommends that the City Council direct staff to review and to prepare ordinances to amend the existing off - street parking and loading requirements in El Segundo Municipal Code (ESMC) Chapter 15 -15. Should the City Council direct staff to make amendments to the Municipal Code, staff would: 1) prepare the necessary text amendments, 2) conduct the appropriate environmental review, and 3) schedule the matter for public hearings before the Planning Commission followed by the City Council. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \751- 775\EA- 755 \City Council 12012009\EA -755 Parking and loading CC SR.doc 5 382 EL SEGUNDO CITY COUNCIL MEETING DATE: April 3, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to Planning and Building Safety staff to review and to prepare municipal code amendments to the existing off - street parking and loading requirements in El Segundo Municipal Code (ESMC) Chapter 15 -15 (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1 Receive staff presentation, 2 Direct staff regarding proceeding with further analysis and development of municipal code amendments to ESMC Chapter 15 -15 regarding off - street parking and loading requirements, and /or 3 Alternatively, discuss and take other actions related to this item BACKGROUND & DISCUSSION: The Planning and Building Safety Department requests Council direction to review the existing off - street parking and loading requirements in ESMC Chapter 15 -15 comprehensively and to propose municipal code amendments to meet the current needs of residential, commercial, and industrial uses ATTACHED SU 1 El Segundo Municipal Code Chapter 15 -15 Off - Street Parking and Loading Spaces 2. Zoning Code Interpretations Pertaining To Off - Street Parking and Loading Requirements FISCAL IMPACT: None Operating Budget: NIA Amount Requested: NIA Account Number: NIA Project Phase. NIA Appropriation Required: _ Yes X No ORIGINATE BY' & DATE: Gary Chicots, Int m Director, Planning and Building Safety Department B Jeff 383 STAFF REPORT- April 3, 2007 Page 2 BACKGROUND & DISCUSSION: (cont.) The City's existing off - street parking and loading requirements have not been reexamined since the late 1990's Some of the standards no longer meet the needs and operational characteristics of residential, commercial and industrial uses For example, recent commercial office and retail projects, such as Plaza El Segundo at 850 S Sepulveda Boulevard and the Edge (part of the Corporate Campus site) at 850 N Nash Street, have shown that some of the existing off - street vehicle parking and loading requirements are not entirely appropriate for large - scale, campus -style developments Also, existing standards for residential parking space configurations and accessibility are marginally functional Planning staff proposes to evaluate the ESMC Chapter 15 -15 in its entirety The primary issues that are anticipated to be addressed include but are not limited to the following Width and depth of parking stalls, vehicle backup dimensions, and aisle dimensions for commercial, industrial, and residential uses The intent is to provide flexibility for commercial parking structure design to address different lot configurations for greater ease of ingress and egress to parking stalls and to provide options for alternative width and depth of parking stalls and aisle dimensions to achieve equivalent ease of access. Additionally, the standards for width and depth of parking spaces and vehicle backup dimensions, both in garages and in unenclosed on -grade configurations, will be evaluated to ensure that they meet the needs of single - family and m- ultipte :faraaalX-te-si_deottat-uses_ Number and dimensional requirements of loading areas for commercial and industrial uses. The intent is to provide adequate loading areas that are appropriate for the land uses on the properties rather than to structure requirements by zone Driveway ramp standards. The intent is to develop standards for driveway ramp design particularly addressing functionality and safety including where driveway ramps and pedestrian sidewalks or walkways intersect Simplify and clarify code requirements The intent is to incorporate past interpretations into the code where applicable and to make the understanding of the requirements easier for the public Establish requirements for minimum number of spaces for new categories of land uses. The intent is to modernize the standards where appropriate relating to different land uses by adding standardized requirements for the minimum number of spaces for new categories of land uses where industry standards exist for such use categories rather than to require parking demand studies Changes to the number of required vehicle spaces for residential and /or general commercial office and /or retail uses are not anticipated at this time The Planning and Building Safety Department presented this information at the Planning Commission meeting of March 22, 2007 for their information and to discuss both the proposed issues to be analyzed and any additional areas that they would recommend be studied The ;8f STAFF REPORT April 3, 2007 Page 3 BACKGROUND & DISCUSSION: (cont.) Commission concurred that the parking and loading standards should be studied and evaluated They did not recommend any specific additional areas for study, however they felt that parking and loading space dimensions and parking lot/parking structure design were especially important along with residential parking design They also recommend that a comparison to other cities' regulations be included A copy of ESMC Chapter 15 -15 and the existing adopted Zoning Code interpretations are attached for your reference RECOMMENDATION AND FUTURE PROCESS Planning and Building Safety staff recommends that the City Council direct staff to review and to prepare municipal code amendments to the existing off - street parking and loading requirements in El Segundo Municipal Code (SSMC) Chapter 15-15, Should the City Council direct staff formally to make amendments to the Municipal Code, staff would prepare the necessary text amendments and environmental review documents and schedule the matter for public hearings before the Planning Commission followed by the City Council The entire process is anticipated to take approximately four months to complete P \Planning & Building Ssfet\AStsff Reports 200712007 04 03 ParkingTextAmend CCReportdoc v � J z 0 m rn N • • • r r • a� m n 0 3 3 0 n r • • r+ %04 0 rn (A cD C CL 0 0 70 �* CDcli M Lo r+ %04 0 rn (A cD C CL 0 m 0 n o' n O r� 0 m n� 0 H (n D 0 AM r -t 4 ,, E 0 un m 0 n 0 D 3 3 c� fD rr rt O 0 E� ■ ■ ■ ■ C —�, � -o -o --1 m -n 7a 0- n . -.7 O O D cn CIJ n (D --h ai < -0 FD' (D W rt _0 rr CIJ O CD _. 13J D � (D cp r-r (D r) ::3 l < cu M -0 � � - : _. 3 3 0 0 CD cD 3 -0 Z to o. 0 CD p n (n un w O tQ cu Cn r-r 0 7 o D N o n 0 3 Qj 3 -� n aj a �(D — • cn c� Ln o aj .rt 0 -0 '1 aj Ln --Naj D Lo -� CD X un 0 0 Q � aj: CD _0 (D o 0 _0 m `o o 0 o- a• ai n Z "r"t cn —. 0 o a) 0-0 un 3 0 3 o C: n. 0 -0 --h n a� r, n rD 0-0 0- C _0 Lo CD CD n 0 Q � aj: (D `o o o- n "r"t 0 = 0 o a) un 3 0 CD n �. r, _0 � n n, 0 �- 3 -0 n rt U) .LO m T o " � :D o o � n rot A O C 3 n �% PJ _. 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(D `G O rr Q) n C� Ln LO CD (D Ln u. 11 O N O QJ F-L :3 O (D r-t- O rrt zT CD n C� O n n 0 3 3 cn' O� 50 v mom I1 r _t O 1 n CD r--t- O rrt CD LO l J O l O D D rn n rn N O O to V rn� l V rn� l V i--t" O rt O (-r CD 3 r-r O �,l n • � -01� m o � 0 �. o � o o' Most common dimensions are 8.5' x 18.' Some cities have longer spaces, up to 20 feet. Compact parking is not allowed in 3 cities. But of the cities that allow them, many allow narrower spaces. Parallel spaces range from 8 -9 feet in width by 22 -30 feet in length. All cities surveyed used interior dimensions to measure residential garage space. The dimensions ranged from 9 -10 feet in width for single and 19 -20.5 feet in width for double. Depth ranged from 18 to 20 feet. The loading space sizes range from 8.5 x 18 (passenger size) to 14 x 60 x 15. Some of the cities surveyed do not have size requirements. They determine the loading needs /requirements on a case by case basis. Some of the cities surveyed do not allow compact spaces. Some cities allow up to 50% of residential spaces to be compact and up to 40% of nonresidential spaces to be compact. Some have a minimum number of spaces required to allow compact (10 spaces). In general, industrial uses were allowed to have a higher percentage of compact spaces than commercial uses. El Segundo does not allow them at all for retail uses. Some cities require an attendant in conjunction with tandem spaces. Some require an Administrative Use Permit. Some cities allow tandem parking for employees only, which limits the overall the percentage. Generally, the percentage of tandem spaces allowed ranges between 25 and 75% of nonresidential spaces and up to 50% of multi - family use spaces. Most cities q�-1 surveyea allow tanaem spaces up to 2 or 3 cars in whereas El Segundo allows up to 4 cars. Most cities require wheelstops or curbing (6" x 6 ") at property lines, buildings, landscaping and walls. Wheelstops can be 2 -3 feet inside a parking space. No- cities -had parking- requirements for motorcycles. -- Vehicle - codes generally treat them as regular automobiles. Some cities have no provisions on bicyles. The cities that do have requirements, differentiate between multiple - family residential and commercial uses. In general, 4 bicycles was the minimum number for commercial uses over 15,000 sf. Multi- family uses required 1 bicycle space per 6 units or 10% of the required number of car spaces. Generally, the bicycle space dimensions were 2'x For 6', with a 6' height clearance. Some cities require a 5 -foot clearance from the parking area. Some cities require a percentage (25% or more) of bicycle spaces to be enclosed inside a building, and /or to be secured upright without the need for chains or owner provided locks. 418 Some cities allow parking to encroach 50 to 100% into side and rear setbacks. In some cities, the parking has to be set back and or screened from the front. Some require at least a minimum amount of perimeter landscaping between parking and the front property line. Most cities allow a 2 -3 foot overhang (over landscaping), but that area cannot count towards required landscaping. In most cities surveyed, the minimum clearance for residential uses is 6'8" and for commercial 7 feet. Some cities require a clearance around parking spaces of 9 to 12 inches. 419 Curbs up to 18- inches are allowed around a parking space in some cities. Obstructions (walls, columns...) are allowed adjacent to parking spaces 3 to 5 feet from either end of a space For residential uses, cabinets or other obstructions are allowed in an area 4.5 feet above ground and 3.5 feet from the front of a space For single car garages the minimum width was 7.5 to 9 feet and for double between 15.5 and 16 feet. In some commercial and multi - family parking structures, garage doors are restricted to a 20 -foot maximum width. In Pasadena, the openings depend on the aisle width. Some cities require 100% of residential spaces to be enclosed in a garage. Some require only 50% of multi - family residential spaces to be enclosed. Some require single or multi - family spaces to be covered only (either garage or carport). Some cities have no striping provisions. Some require single and others double striping. One city specifically requires white striping, and another city requires colors that contrast the pavement color. The typical required width is 4 inches. If double striping is used, each stripe is located 6 inches from the edge of the space (1 foot between stripes). The maximum allowed slope is 15 -20 %. Some cities require transitions of a certain length and slope for ramps over a certain slope(e.g. 12.5 %). Typically the transitions must be no more than 1/2 the slope of the main ramp (8 %, 16 %, then 8 %). Few cities have ramp dimension requirements. One sets a minimum width of 14' for single and 20' for two -way traffic. 4 d?0 Most cities have a 5% maximum slope for parking areas. 0- degree: 12 feet one -way and 18 feet 2 -way 30- degree: 12 -14 feet one -way, and 18 -20 feet 2 -way 45- degree: 12 -16 feet 1 -way and 16 -20 feet 2 -way 60- degree: 13 -16 feet 1 -way, and 16 -21 feet 2 -way 75- degree: 16 -19 feet 1 -way, and 22 -27 feet 2 -way 90- degree: 24 -27 feet Other: Some - cities have a- graduated aisle width, - based -on the - width of the parking spaces served. For example, for 75 -90 degree parking one city allows a deviation of 3 feet from aisle width for everyincrease of 1 foot in stall width. 0- degree: 9 -12 feet 1 -way, and 18 -25 feet 2 -way 30- degree: 10 -13 feet 1 -way, and 19.5 -25 feet 2 -way 45- degree: 13 -14 feet 1 -way, and 18 -25 feet 2 -way 60- degree: 16 -17 feet 1 -way, and 17 -25 feet 2 -way 75- degree 90- degree: 22 -27 Other: typicall turning radius for single - family garages is 25 feet 421 The minimum width is typically based on the number of spaces or units served by the driveway. The residential minimum ranges from 8 -10 feet, if the number of spaces is 4 -20 depending on the city. If more parking spaces are served, then the driveway has to be 2 -way (18 -20 feet) or two 1 -way driveways are required. For commercial uses, the width ranges between 10 and 12 feet for lots with less than 15 -20 spaces. If there are more than 15 -20 spaces, the driveway /curb cut has to be 20 -25 feet depending on the city. Some cities grant the Director some discretion over the driveway width. The number is typically based on the lot frontage. Curb cuts in some cities have to be at least 5 feet from common lot lines. Curb cuts and driveways have to lead directly to required parking, and curb cuts not leading to parking, must be removed when there's new construction or additions. Staff is considering setting a minimum distance between driveways /curb cuts and a minimum distance from street corners. 440 2 Some cities set a minimum driveway length /setback for garages that front on a street or alley. One city set a 25% maximum, except when the minimum driveway width results in more paving Most cities set minimum thickness for paving and base material. Typically, they require 2 inches of asphalt or 4 inches of Portland cement. Similar material is allowed subject to Director approval. Some cities require decorative and /or permeable paving, such as stone, brick, stamped colored concrete, grasscrete... Others set maximum or- minimum - percentage of decorative paving. One city requires all residential driveways to use a minimum of 15% decorative paving. Some cities require a landscaping or other physical barriers between the driveway and the adjacent walkway or building. Some cities set a maximum height for light fixtures. That height can be the height of the building or 18 feet, for example. Other cities use a graduated height requirement, which is tied to the distance from the property line. Others set a maximum height (12 feet) when the property is within 25' from residential property. Typically, lights are required to reflect away from adjacent properties or right of ways. The minimum parking lot illumination ranges from 1 to 3 footcandles. ir 4 3 Parking structures typically can be built in side and rear yards. Cities have definitions for semi - subterranean sturctures. Semi - subterranean structures can typically project 3 -4 feet above grade (to the top of finished floor above), but they must be screened. That includes any ventilation grills over 4 sf in area. In lieu of setbacks, the City of El Segundo has coverage standards. Subterranean structures can project 100% into side yards typically and in some cases all the way to the front property line, provided they are fully below grade. In some cities, commercial structures must have a landscape setback along street frontage and landscaping planters on upper levels. Some cities require architectural review of structures (detailed elevations, compatible with surroundings). Typical minimum length is 100 feet, and the width can be as little as 9 feet. Recreational vehicles are typically allowed to park in the front yard for 72 hours during a month. They are not allowed to park in required parking spaces. They can park in the side or rear long term, but they must be screened by a 6 -foot wall typically. Some cities simply prohibit recreational vehicle parking on residential properties. Tandem and compact parking, Attendant for tandem parking. Reduced parking for Joint/Shared parking. Design of entrances and exits. Requirements for uses not listed. On- street loading. Paving materials. Driveway widths. Overall design and layout requirements. Lighting height. Landscaping requirements. Minimum area: typically it is 5 -10% of the parking area. In addition, cities require all unused portions of a lot to be landscaped. The amount of landscaping can also depend on the number ofspaces in the parking lot. Some cities require -a 5- foot planter along the perimeter of a property and as much as 10 feet along street frontages. The minimum width of planters ranges between 3 and 5 feet. Shades trees are required along street frontage at a rate of 1 tree per 20 -25 feet of frontage. Additional trees are required within parking areas based on the parking lot area or the amount of landscaping provided. (For example, 1 tree per 3,000 sf of parking area, or 1 tree per 500 sf of landscaping provided). Some cities require a landscaped planter at the end of each parking aisle. Some allow a specific percentage of hardscape in the overall landscaping allowed in the parking area. Other cities do not have building perimeter landscaping (like El Segundo), except for one city that requires an 18 -inch wide landscape planter between a driveway and a building edge. 4215 A 5' to 6.5 -foot wall is typically required between a parking lot and adjacent residential properties. 36 " -42" walls or hedges are required along street frontages. Allowed within a distance of 300 -1000 feet from subject site unless valet service is provided. Typically a covenant and /or a lease agreement is required. In some cases the request is approved administratively by the director. Allowed typically upon submittal of a parking study, or adequate information regarding the uses involved. The request may be approved administratively or with administrative use permit. Basic criteria include- the - characteristics of-the- uses- involved, parking studies, availability of public parking, availability and proximity of transit, and ADA requirements. Not addressed in most cities. One city limits commercial vehicle parking to one vehicle with maximum dimensions of 8'x 20'x 8' Requirements are similar to El Segundo's requirements, but some cities include them in the parking section of their code. Only Pasadena had a such a provision. The purpose of the provision is to determine the maximum number of tandem spaces. It can also be used to determine employee parking for TDM purposes. Most cities surveyed did not have such a provision in their parking code. Some cities set a threshold on the size of additions that trigger upgrading the garage /parking. Some cities require parking to be set back or located in the rear portion of the property. Most prohibit backing up on to streets. One of the cities prohibits placing parking spaces within 10 feet of the street facing property line. ��O Not addressed in most cities. One city gives the Director /ZA the discretion to determine the requirement (number and location). The visibility triangle ranges from 5' x 5' to 5'x 50'. However, one city specifies the height as well (between 2.5' and 7.0') The El Segundo requirement is 10'x 10' with height between 2.5' and 12' Two cities had provisions on this issue. One required a minimum of one charging station for developments over 15,000 sf, and additional charging stations can result in parking reductions, subject to Director approval. Another city requires 2 stations per 250 spaces. El Segundo does not have such provisions. Some cities set limits on the extent/size of accessory uses in commercial buidings. For example, 10% office within an industrial building and 5% or 15,000 sf of retail space, whichever is less, in office buildings. Accessory uses that exceed these limits are required to provide parking at the higher ratio. 42 Sterling Codifiers, Inc. Page 1 of 12 Chapter 15 OFF - STREET PARKING AND LOADING SPACES 15 -15 -1: PURPOSE: The purpose of this Section is to provide for adequate off - street parking and loading standards, to assure that parking spaces shall be suitably maintained and available for the use of the occupants of the site and to mitigate associated on- street parking and traffic circulation problems throughout the City. (Ord. 1212, 11 -16 -1993) 15 -15 -2: GENERAL PROVISIONS: A. Parking And Loading Required: No use or building shall be established, erected, enlarged or expanded unless on -site parking and loading facilities are provided and maintained as required by this Chapter. B. Design: Parking facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within the same facility. C. Tire Stops: Bumpers or tire stops a minimum six inches (6 ") in height shall be provided in all parking lot areas abutting a building, structure, sidewalk, planting area, street or alley. D. Tandem Spaces: All tandem parking spaces, where allowed, shall be clearly outlined on the surface of the parking facility. E. Exit: Parking facilities in nonresidential zones shall be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property travelling in a forward direction. However, cars may exit onto an alley travelling in a reverse direction. F. Access By Alley: Where vehicular access is provided by an alley, parking may intrude into the required rear yard; provided, however, the amount of setback intruded upon shall be replaced by increasing the other required yards on- site by an equivalent amount. G. Fractional Spaces: Where the application of the following cumulative parking schedules results in a fractional space, then the fractions shall be rounded to the nearest whole number. H. Guest Parking: No required guest parking space for any residential use shall be located, in whole or in part, in any required front yard or front two - thirds (2/3) of any required side yard. I. Maintenance And Compliance: No person, company or organization shall fail to maintain the facilities required to be provided by this Chapter, or by any applicable provision of prior laws, variance, use permit, or precise plan heretofore or hereafter granted by the Planning Commission or City Council. No required parking shall be utilized in any manner so as to make it unavailable for the occupants, their clients or visitors of a building or use during the hours such building or use is normally occupied. This meaning shall not be construed to prohibit security devices. J. Waiting Spaces: Waiting spaces, where required, are to be located adjacent or near to the required loading spaces in order to accommodate trucks waiting for loading dock space. K. Loading Spaces: qZg http: / /www.sterlingcodifiers.conV codebook /getB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 2 of 12 1. Design: Loading spaces shall be designed so they will not interfere with vehicular circulation. 2. Site Location: Loading spaces shall be sited to avoid views from public streets. (Ord. 1245, 2 -6 -1996) L. Pavement And Surfacing: All permanent on -site parking, loading, vehicle storage and vehicle sales areas shall be paved with approved concrete or asphaltic concrete. On -site parking areas to be used for no longer than one year shall be surfaced and maintained with an impervious material acceptable to the Director of Community, Economic and Development Services so as to eliminate dust and mud. All on -site parking areas shall be graded and drained so as to dispose of all surface water in accordance with the Uniform Building Code. M. Lighting: Any lights provided to illuminate any parking area or vehicle sales areas as permitted by this code shall be arranged so as to direct the light away from any premises upon which a residential dwelling unit is located. (Ord. 1245, 2 -6 -1996; amd. Ord. 1315, 1 -18 -2000) 15 -15 -3: PARKING SPACES REQUIRED: The number of on site parking spaces required for the establishment of a building or use shall be provided and thereafter maintained at the following ratios; provided, however, that for any building or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. Additional parking facilities need not be provided in R zones unless such enlargement or increase results in the addition of a dwelling unit. Unless stated otherwise, parking shall be based on net floor area as defined in section 15 -1 -6 of this title. A.Residential Uses: se Number Of Parking Spaces Required ily and two- family FEdwellings 2 spaces for each unit and 1 additional space for dwelling units exceeding 3,000 square feet of gross floor area ms, residential co- ple - family dwellings 2 spaces for each unit plus 2 visitor spaces for the first 5 dwelling units and 2 visitor spaces for each additional 3 units (e.g., 1_5 units = 2 visitor spaces, 6_8 units = 4, 9_11 units = 6, 12_14 units = 8, etc.) 3.Lodging houses, rooming houses, and guesthouses 1 space for each sleeping room 1/2 space for each room above 200 rooms (Ord. 1279, 10 -7 -1997) B. Nonresidential Uses: ial Uses Number Of Parkin Spaces Required 11/2 spaces for each bed F3.Motels, 1 space for each of the first 100 rooms; 3/4 space for each of the next 100 rooms; and 1/2 space for each room above 200 rooms o courts, bed and breakfast Ill space for each sleeping unit inns, motor lodges, and tourist courts 4.Seniors communities, rest homes, 1 space for each 2 beds convalescent homes 5.Offices, commercial, video arcade, and 11 space for each 300 square feet for the first 25,000 square feet food to go uses 1 space for each 350 square feet for the second 25,000 square feet i1 space for each 400 square feet for the area in excess of 50,000 square feet 6.Restaurants, drive - through restaurants, 1 space for each 75 square feet, including outdoor dining areas if bars and cocktail lounges outdoor dining area exceeds 200 square feet or 20 percent of indoor http: / /www. sterlingcodifiers .conVcodebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 3 of 12 Note: 1.13ased upon the uniform building code, areas having fixed benches or pews shall have 1 seat for each 18 inches of length. Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof. (Ord. 1279, 10 -7 -1997; amd. Ord. 1286, 3 -17 -1998; Ord. 1395, 5 -16 -2006; Ord. 1425, 2 -3 -2009) C. Compact Parking: Compact parking shall be allowed for office and industrial uses to a maximum of twenty percent (20 %) of required parking spaces. Parking spaces provided in excess of the required number may be compact size. r, n http:// www. sterlingcodifiers .cornlcodebooklgetB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 dining area, whichever is less No parking is required for restaurants under 500 square feet which do not provide sit down eating accommodations 7. Manufacturing, research and 1 space for each 500 square feet for the first 50,000 square feet development (includes office with on site testing facilities) 1 space for each 1,000 square feet for the area in excess of 50,000 square feet 8.Medical /dental offices and clinics 1 space for each 200 square feet 9.Warehouses and storage buildings 11 space for each 1,000 square feet for the first 20,000 square feet 1 space for each 2,000 square feet for the second 20,000 square feet 1 space for each 4,000 square feet for the area in excess of 40,000 square feet 10.Automobile services, automobile 2 spaces for each service stall plus 2 spaces for office. Additionally, a repair garages, body shops, and service parking plan must be submitted for automobile service uses that stations include limited automobile sales. The plan must demonstrate that the area for the display of automobiles for sale will not encroach into required setbacks, parking spaces, driveways, drive aisles, vehicle areas, landscaping, and any other required use areas as Ibackup required by this code 11.Schools, private: a. Preschool, elementary through junior 1 space for each 1 classroom, plus 1 space for each employee and high level faculty member b. High school level 7 spaces per classroom plus auditorium or stadium parking requirements c. Adult level, college, business and trade 1 space for every 50 square feet of gross floor area or 1 space for every 3 fixed seats - whichever is greater; or, as modified by a parking demand study 12.Places of public assembly including, but not limited to, theaters, auditoriums, banquet facilities, meeting rooms, clubs, lodges and mortuaries: Ia. With fixed seats 1 space for every 3 seatsi b. Without fixed seats 1 space for every 30 square feet of floor area used for assembly purposes 13.Churches 11 space for every 4 seats 14.Cafes: 1 a. Which equal 20 percent or less of the 1 space for each 300 square feet gross floor area of a multi- tenant shopping center, office development or the commercial portion of a mixed use development b. Any portion of a cafe or any cumulative 1 space for each 75 square feet, including outdoor areas if outdoor floor area of multiple cafes which exceed dining area exceeds 200 square feet 20 percent of a multi- tenant shopping center, office development, or the commercial portion of a mixed use develo ment Note: 1.13ased upon the uniform building code, areas having fixed benches or pews shall have 1 seat for each 18 inches of length. Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof. (Ord. 1279, 10 -7 -1997; amd. Ord. 1286, 3 -17 -1998; Ord. 1395, 5 -16 -2006; Ord. 1425, 2 -3 -2009) C. Compact Parking: Compact parking shall be allowed for office and industrial uses to a maximum of twenty percent (20 %) of required parking spaces. Parking spaces provided in excess of the required number may be compact size. r, n http:// www. sterlingcodifiers .cornlcodebooklgetB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Compact parking shall not be allowed for retail uses. D. Parking Reductions: Page 4 of 12 1. The planning commission may reduce the required amount of parking in the SIB, MM, Grand Avenue commercial and medium density residential zones up to ten percent (10 %). (Ord. 1279, 10 -7 -1997) The planning commission may modify the required number of parking spaces in any commercial or industrial zone, including in the Smoky Hollow specific plan area up to a maximum of ten percent (10 %), based on the submittal of a parking demand study. Additionally, for any use for which the number of parking spaces is not listed, the director of community, economic and development services or planning commission shall specify the required number of spaces based on a parking demand study. A parking demand study shall include, but not be limited to, information specifying the number of employees, customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria established by the director of community, economic and development services. (Ord. 1279, 10 -7- 1997; amd. Ord. 1315, 1 -18 -2000) 15 -15 -4: MIXED OCCUPANCIES: In the case of mixed uses in a building or on a site, the total requirements for on site parking facilities shall be the sum of the requirements for the various uses computed. On site parking facilities for one use shall not be considered as providing required parking facilities for any other use. (Ord. 1212, 11 -16 -1993) 15 -15 -5: PARKING AREA DEVELOPMENT STANDARDS: A. Stall Sizes And Aisle Widths: 1. The parking stall sizes shall be as follows: Zone I R Width n QWth Nonresidential: 81/ feet 2 18 feet Dead end 10 18 parking stall feet feet or adjacent to an obstruction Compact parking spaces Residential (outside dimensions): 81/ feet 2 15 feet 0 Single- family residential 10 feet 20 feet (R -1) Mobile home in mobile 9 feet 20 feet home park Two - family 9 20 residential feet feet (R -2) rw Xfamil y dential 8 12 31 F20 http:// www. sterlingcodifiers .com/codebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 5 of 12 (Ord. 1257, 6 -18 -1996) 2. Aisle width for angled parking spaces shall not be less than the following: (R -2) on a substandard lot feet arkins Aisle Width Clear Multi- family residential (R -3) 81/ feet 2 20 feet (Ord. 1257, 6 -18 -1996) 2. Aisle width for angled parking spaces shall not be less than the following: N ote: 1.Measured perpendicular to aisle. Three feet (3') of the length of a parking space may overhang into a landscaped area if the landscaped area provides a six inch (6 ") tall curb. That portion of landscaping will not be considered as contributing to required landscaping. G 432 http: / /www. sterlingcodifiers. com/ codebook/ getBookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 arkins Aisle Width Clear Parkin Stall Depth degrees rodegrees 12 feet 16 feet 15 feet 19 feet 18 feet 20 feet 25 feet 18 feet N ote: 1.Measured perpendicular to aisle. Three feet (3') of the length of a parking space may overhang into a landscaped area if the landscaped area provides a six inch (6 ") tall curb. That portion of landscaping will not be considered as contributing to required landscaping. G 432 http: / /www. sterlingcodifiers. com/ codebook/ getBookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. STANDARD STALLS Page 6 of 12 A Parking Angle B Aisle Width Clear C Parking Stall Depth D Parking Stall Width E Overall 0 F Tire Stop Location 30 12' 16' 11160" 44' 3' 45 60 15' 18' 19' 20' 11'33 /4" g q� /4 53' 58' 4' to property line 2' in Smoky Hollow 90 25' 18' 18'6" 61' 10 (Ord. 1245, 2 -6 -1996) 3. Parking stall sizes for vehicle lifts is as follows: Zone I Width Depth Sin le- family residential and two - family residential zones (outside dimensions): One vehicle lift space 12 feet 22 feet (Ord. 1401, 10 -3 -2006) B. Tandem Parking: Parking stalls in a tandem configuration are prohibited in all zones, except as follows: IT Zone Allowable Tandem Parking Provisions Percentages All residential zones T to 2 vehicles in tandem, in a designated parking space for se b occupants in the same dwelling unit SB, MM, and Grand Avenue commercial Tandem parking up to 4 cars deep shall be allowed with a travel lane on both ends. The following uses are allowed to have a certain percentage of tandem parking spaces n/a General retail 10 30 QManufacturing Q 85 0 Offices Q 85 Research and development (includes office with on site testing facilities) 85 Restaurants 10 01warehousing Q 85 C -RS, C -2, C -3, MU -N, MU -S, M -1 and M -2 Tandem parking shall be allowed for office and manufacturing, except for structures under 15,000 square feet, in which case said use shall obtain a CUP 20 (Ord. 1272, 6 -17 -1997) 1-1 3 3 http:// www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. C. Covered Parking Requirements: All required parking spaces shall be covered in the following manner: Page 7 of 12 Use Parking Enclosure welling Fully enclosed ara e welling F Fully enclosed 2 car garage y dwellings, including: condominiums, residential cooperatives, ses, lod in houses and roomin houses Covered structure (enclosed on 3 sides) spaces need not be enclosed or covered. (Ord. 1212,11-16-1993) D. Underground (Subterranean) Parking Facilities: The following maximum lot coverage shall apply to communal underground parking facilities: (Ord. 1245, 2 -6 -1996) E. Parking Of Licensed Recreational Vehicles And Habitable Vehicles: 1. Parking of any mobile home, camper, house trailer or other habitable vehicle outside of an authorized mobile home park or licensed recreational vehicle parking facility is prohibited except that such vehicles may be parked on any public property or right of way subject to any applicable parking restrictions including, without limitation, section 7 -6 -1 of this code, or on any developed residential lot as long as the vehicle, if parked in a front yard, is parked on a nonporous surface pad adequate to accommodate the parked vehicle. 2. A habitable vehicle parked on private property may be occupied for residential purposes for no longer than seventy two (72) hours (outside of an authorized mobile home park) within any thirty (30) day period. No habitable vehicle may be occupied for commercial purposes except as provided by section 13 -1 -2 (appendix chapter 31, division II) of this code. (Ord. 1261, 10 -1 -1996) F. Entrances And Exits: The location and design of all driveway entrances and exits are subject to the approval of the director of planning and building safety and must comply with the criteria listed below: 434 Zone Distance From USide Property Line Subsurface Height Of Garage Zone Setbacks Area Of Lot Wall Above Grade Utilized Residential No setbacks, provided facility is covered and lr�a Iff subsurface Residential Parking facility cannot intrude into required setbacks IrF—percent No more than 2 feet Residential Parking facility cannot intrude into required setbacks and the area surrounding the outside wall shall be 60 percent No more than 5 feet and an average of not more than 4 landscaped feet Residential Parking facility cannot intrude into required setbacks 40 percent Over 5 feet and the area surrounding the outside wall shall be landscaped Commercial No setbacks, provided facilities are completely None None subsurface and covered None Industrial No setbacks, provided facilities are subsurface and None covered (Ord. 1245, 2 -6 -1996) E. Parking Of Licensed Recreational Vehicles And Habitable Vehicles: 1. Parking of any mobile home, camper, house trailer or other habitable vehicle outside of an authorized mobile home park or licensed recreational vehicle parking facility is prohibited except that such vehicles may be parked on any public property or right of way subject to any applicable parking restrictions including, without limitation, section 7 -6 -1 of this code, or on any developed residential lot as long as the vehicle, if parked in a front yard, is parked on a nonporous surface pad adequate to accommodate the parked vehicle. 2. A habitable vehicle parked on private property may be occupied for residential purposes for no longer than seventy two (72) hours (outside of an authorized mobile home park) within any thirty (30) day period. No habitable vehicle may be occupied for commercial purposes except as provided by section 13 -1 -2 (appendix chapter 31, division II) of this code. (Ord. 1261, 10 -1 -1996) F. Entrances And Exits: The location and design of all driveway entrances and exits are subject to the approval of the director of planning and building safety and must comply with the criteria listed below: 434 Zone Distance From USide Property Line Curb Cut And Driveway Width n ini http: / /www.sterlingcodifiers. con /codebook/getBookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 8 of 12 All zones; n/a Minimum 10 feet except R -1 and Maximum 30 feet R -3 R -1 n/a Minimum 10 feet Maximum 20 feet for lots less than 50 feet in width and a maximum of 50 percent of the lot width for lots 50 feet or greater in width R -3 5 feet minimum in front 2/3 of lot. Entrance or exit on or Minimum 12 feet No more than 20 percent of lot width or maximum 30 feet from an alley may be less (Ord. 1401, 10 -3 -2006) G. Handicapped Parking: Handicapped parking shall be provided in accordance with part 2 of title 24 of the California Administrative Code. (Ord. 1245, 2 -6 -1996; amd. Ord. 1315,1-18-2000) 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. 1. 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: a. The vehicle lift must be located only within a fully enclosed garage. b. A vehicle lift may only be used to store two (2) vehicles vertically where a minimum vertical height clearance from the floor to the ceiling plate of the garage is a minimum of fourteen feet (14') clear of obstructions. c. 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. d. A vehicle lift must be permitted only with a key locking mechanism. e. A vehicle lift must be permitted only if it is operated with an automatic shutoff safety device and is installed in accordance to manufacturer specifications. 2. 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: a. The vehicle lift must be used only on a lot less than forty five feet (45') in width. b. The vehicle lift must be located only within a fully enclosed garage. c. 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. d. A conditional use permit subject to chapter 23 of this title 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. e. A vehicle lift may only be used to store two (2) vehicles vertically where a minimum vertical height clearance from the floor to the ceiling plate of the garage is a minimum of fourteen feet (14') clear of obstructions. f. 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. g. A vehicle lift must be permitted only with a key locking mechanism. h. A vehicle lift must be permitted only if it is operated with an automatic shutoff safety device and is installed in http:// www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 43;, Sterling Codifiers, Inc. accordance to manufacturer specifications. (Ord. 1401, 10 -3 -2006) 15 -15 -6: LOADING AREA DEVELOPMENT STANDARDS: Page 9 of 12 Every building hereafter established, erected, enlarged or expanded for commercial, manufacturing or institutional purposes in the commercial or manufacturing zones listed below must be provided with loading space as set forth below. However, for any building or use enlarged or increased in capacity, additional loading spaces are required only for such enlargement or increase. All required loading spaces are in addition to the required on site parking spaces set forth in section 15 -15 -3_ of this chapter and must be developed and maintained in accordance with section 15- 1.5_ -2 of this chapter. Loading spaces may be provided either completely or partially within a building when such building is designated to include adequate ingress and egress to the loading spaces. LOADING SPACE SIZES Space Space Vertical Width Depth Clearance 13 feet 50 feet 16 feet NUMBER OF LOADING SPACES REQUIRED rN Required loading spaces for hotel or institutional uses must be provided as set forth in the following schedule: 430 http:// www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 Loading Spaces Required Waiting Spaces Required Zone Building Floor Area SB & MM 0 - 10,000 square feet 0 10,000 - 25,000 square feet 1 C -3, CO, MU -N, MU -S, 0 - 999 square feet 0 M -1, M -2 1,000 - 25,000 square feet 1 C -3, C -4, CO, MU -S, 25,001 - 100,000 square feet 2 MU -N, M -1, M -2, SB, MM 100,001 - 250,000 square feet 3 Each additional 100,000 square feet or fraction thereof 1 Over 1,000,000 square feet 1 for every 5 loading spaces. Each space 13'W x 50'L x 16'H. C -4 0 - 25,000 square feet (single- tenant building) 0 0 - 25,000 square feet (multi- 1 for each tenant over tenant building) 10,000 square feet rN Required loading spaces for hotel or institutional uses must be provided as set forth in the following schedule: 430 http:// www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 10 of 12 Building Floor Area 111,000 Loading Spaces Required Waiting Spaces Required 0 - 999 square feet 0 - 15,000 square feet 1 15,001 - 75,000 square feet 2 Each additional 100,000 square feet or fraction thereof. 1 Over 1,000,000 square feet 1 for every 5 loading spaces. Each space 13'W x 50'L x 16'H. Loading spaces within the boundaries of the Smoky Hollow specific plan should be located on the side or in the rear of buildings whenever possible. If located in the front yard, the loading platform must be set back from the front property line a minimum of 30 feet. Commercial or manufacturing zoned lots or parcels that are less than 6,000 square feet in area must provide an on site loading space area that is not less than 12 feet wide and comprised of an area equal to not less than 8% of the lot or parcel area and in no case can such loading area be less than 360 square feet. (Ord. 1382, 3 -15 -2005) 15 -15 -7: PLAN PREPARATION AND PERMIT APPROVAL: A. A proposed parking area plan and, if applicable, the loading and waiting space area shall be submitted to the director of community, economic and development services at the time of the application for the building permit for the building for which the parking, loading, and waiting area is required. The plans shall clearly indicate the proposed development, including location, size, shape, design, curb cuts, lighting, landscaping, and parking spaces in full compliance with code requirements. B. No building permit shall be issued until the applicant has presented satisfactory evidence to the director of community, economic and development services that parking and loading facilities required by the provisions of this chapter will be provided and maintained. (Ord. 1212, 11 -16 -1993; amd. Ord. 1315, 1 -18 -2000) 15 -15 -8: JOINT USE AND OFF SITE PARKING FACILITIES: All parking spaces shall be located on the same lot or building site as the use for which such spaces are required, except within the boundaries of the Smoky Hollow specific plan (see section 1__5- _1.5_ -13 of this chapter); provided, that such parking spaces for nonresidential uses may be located off site on a different lot or lots, subject to a parking covenant approved by the planning commission, which shall be recorded in the office of the county recorder, prior to the issuance of any building permits; and, may include such conditions as the planning commission may impose. Off site parking for fewer than ten (10) parking spaces shall be subject to approval of the director of community, economic and development services, subject to a parking covenant, which shall be recorded in the office of the county recorder; and, may include such conditions as the director of community, economic and development services may impose. This off site parking may include the joint use of off site and on site parking spaces by mutually exclusive uses. (Ord. 1283, 11- 18 -1997; amd. Ord. 1315, 1 -18 -2000) 437 15 -15 -9: SHARED PARKING; SMOKY HOLLOW: Shared parking facilities within the boundaries of the Smoky Hollow specific plan may be granted up to a twenty percent http:// www. sterlingcodifiers .com/codebooklgetB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 11 of 12 (20 %) parking reduction for uses with significantly different peak hours of operation. Requests for shared parking must meet the following requirements: A. A parking study shall be submitted by the applicant demonstrating that there will not exist substantial conflict in the peak hours of parking demand for the uses for which joint use is proposed; B. The number of parking stalls which may be credited against the requirements of the structures or uses involved shall not exceed the number of stalls reasonably anticipated to be available during differing hours of operation; C. A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the number of stalls designed for joint use; and D. This provision is suggested as an administrative guideline. The planning commission shall ultimately determine the size of the parking reduction. Twenty percent (20 %) reductions should be rare. (Ord. 1212, 11 -16 -1993) 15- 15 -10: SITES WITH TRANSPORTATION SYSTEMS MANAGEMENT PLANS: The number of required parking spaces (section 15 -15 -3 of this chapter) and parking facilities location for nonresidential uses (section 15 -15 -2_ of this chapter) may be modified subject to approval of a transportation systems management plan pursuant to the procedures and requirements of chapter 16 or 17 of this title. (Ord. 1212, 11 -16 -1993) 15- 15 -11: APPLICABILITY OF CHAPTER IN C -RS ZONE: In the C -RS zone, section 15 -15 -3 of this chapter, spaces required, shall be fully applicable to all buildings constructed or enlarged after January 1, 1971. All buildings constructed prior to January 1, 1971, which do not meet the requirements of this chapter may comply with these provisions in the following manner: Existing uses in an existing building may change to any other use enumerated in the permitted uses section of the C -RS zone without providing additional on site parking spaces; provided, however, that all existing on site parking spaces provided in connection with the building or structure shall be continued and available for use with the subject building or structure. (Ord. 1245, 2 -6 -1996) 15- 15 -12: FAILURE TO MAINTAIN REQUIRED PARKING: In the event on site parking and loading area facilities required to be provided under this code are not maintained for licensed vehicle parking and truck loading area purposes to the extent required, the director of community, economic and development services shall revoke and cancel the certificate of occupancy theretofore issued for such structure. However, if it appears that failure to maintain such required parking was reasonably beyond the control of the person required to maintain the same, the certificate of occupancy shall not be revoked until the owner has had at least ninety (90) days to reestablish the minimum required parking. In the event the certificate of occupancy is revoked, the premises covered thereby shall not be occupied or used for any purpose until a new certificate of occupancy has been issued. (Ord. 1212, 11 -16 -1993; amd. Ord. 1315, 1 -18 -2000) 15- 15 -13: OFF SITE PARKING; SMOKY HOLLOW SPECIFIC PLAN: Required parking for a development within the boundaries of the Smoky Hollow specific plan may be located off the site under certain circumstances. Request for off site parking must meet the following requirements: http: / /www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter_id= 37375 &k... 11/18/2009 Sterling Codifiers, Inc. Page 12 of 12 A. The off site parking shall be located so that it will adequately serve the use for which it is intended. In making this determination, the following factors, among other things, shall be considered. 1. Proximity of the off site parking facilities; 2. Ease of pedestrian access to the off site parking facilities; and 3. The type of use the off site parking facilities are intended to serve (i.e., off site parking) may not be appropriate for high turnover uses such as retail. B. A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the off site parking facilities for the use they are intended to serve. (Ord. 1212, 11 -16 -1993) r-13 j http:// www. sterlingcodifiers .comlcodebooklgetB ookData.php ?id= &chapter _ id = 37375 &k... 11/18/2009 ZONING CODE INTERPRETATION SUBJECT: SECTION #: 20.54.050 F. PAGE #: 251 Driveways_- Entrance and Exit Widths in R -3 Zone In order to be consistant with the format and intent of the balance of this Section, the R -3 Zone Standards should read as follows: ZONE I DISTANCE FROM SIDE I CURB CUT AND PROPERTY LINE DRIVEWAY WIDTH R -3 15 feet minimum in front 2/3rds of Minimum 12 feet. Ale- FRefe -thaA lot. Entrance or exit on or from ° 9f 494 Width 9F Ma*iFRWFA 39 I alley may be less. feel Maximum 30 feet or 20% of lot width. whichever is less. (New text is shown as double underline and existing text as strikeout) DATE: 11/09/1998 BY: Bref Bernard, AicP, Director i z°mngl=jWrvwy � a P FA Landsca • 1 • SECTION 1 - .1 PAGE #: 53,53-1,53-2 This section applies to new commercial or industrial developments only, excluding Smoky Hollow, and does not apply to residential development. Furthermore, any references made to this Section (for residential projects), no longer applies. Specifically, Sections 20.20.060 A.(R -1 Zone), 20.22.060 A.(R -2 Zone), 20.24.060 A-(R -3 Zone) and 20.45.060 A. (MDR Zones), which state that residential projects must comply with the General Provisions Chapter. (Chapter 20.12). However, all other applicable general provisions still apply. (See AD 97 -15, discussed at the August 18, 1997 Planning Commission meeting, for background information.) DATE:_SM[BZ_ AD: 97 -1s >=ng\Lanaa« 441, J Loading spaces - c.gs zone (Loadin Area Development Standards) PAGE #: 94,251-253 These two sections discuss the requirements for off - street loading spaces in the C -RS Zone. The Zorung Code revision adopted on 11/18/97 (Ordinance No. 1283) eliminated the requirement for loading spaces in the C -RS Zone. Therefore, off -street loading spaces are no longer required in the C -RS Zone and existing businesses in the zone may eliminate existing loading spaces if desired and if not in violation of any project conditions. DATE: 9 June 1998 BY: Bret B. ernard z,jng%CRi0.a.u, 4 4 ;, J SUBJECT: Back Up Space (Aisle Width—ClearL for Residential Parking Section: 20.54.050 A.(2) Page: 248 This section of the code requires a 25 foot back up space for 900 angle parking. For residential garages this 25 feet may be modified depending on the location of the existing residence and garage. Please refer to the descriptions below for determining the "buildable area" on lots in which a detached garage is located behind the residence. Legal Non - Conforming When the existing back up space between the house and the garage is less than 25 feet, the following procedure should be used to determine the buildable portion of the lot: a line should be drawn parallel to and 10 feet from the edge of the driveway furthest from the dwelling. A second line should be drawn to extend the rear portion of the house closest to the driveway into the driveway (i.e- showing the minimum back up istance currently provided). The intersection of these two lines forms the maximum point to which new construction may be extended. A line should be drawn from this point to the required width of the garage (or the - maximum width of the existing garage if rt is substandard in width). This line will define the required back up space and the "no build' area where no new construction is allowed. (Please refer to the attached drawing A. ) Conforming or Exceeding Standard When'the existing back up space between the house and the garage is greater than or equal to 25 feet, a line should be drawn from the required width of the garage (or the maximum width of the existing garage if it is substandard in width) to a point that reflects the minimum required standards of the Code. This point is defined as follows: a line parallel to and 25 feet from the garage should be drawn. A second line, parallel to and 10 feet from the edge of the driveway furthest from the dwelling should be drawn. The intersection of these two lines reflects the minimum required standards of the Code and is the maximum point to which new construction of the house may be extended. The line connecting the garage and this point will define the required back up space and the "no build" area where no new construction is allowed. (Please refer to the attached drawing "B.") Date: November 15, 1999 By: James M. Hansen IV zmng%&* up sincesci 44 •� A" C ��a► Nora-- C.'��r��n> _ it GjG / fkc 'E CL I D-d C- C� pY, ff\o-� G�rag�, J � i i i I F - - I5 ��y Y-Aee4,s or- Ex Qeed)x 5har6a 88 �ke wiA L U'se-j iD 0, d0 rLeAI 4,h,g a rna-i no� -toerel "®ham -tkLiS ILA-d- 6 Y- I'ko Li SUBJECT: Parkina-Compact Parking for Hotels and Recreational SECTION #: 20.54.050 C. PAGE #: On" March 26 and April 9, 1998, respectively, the Planning Commission determined that compact parking for hotels and recreational uses are permitted to a maximum of twenty (20 %) percent of required parking spaces. Given the lack of specificity in the Zoning Code regarding compact parking for non - retail commercial uses, and the similar parking operational characteristics between hotels and offices, the Planning Commission felt it would be appropriate to permit compact parking for hotels and recreational facilities in the same percentage as permitted office and industrial uses. DATE: 4/13/1998 BY: Bret' B AD: 98 -7 & 98 -08 rd, ICP, Director zoaing \ zci \ ad98- 7&8.zci J it' 4it ZONING CODE INTERPRETATION SUBJECT: Parkins — Compact Spaces 1 J SECTION #: 20.54.030 C. and 20.54.050 A. (1) PAGE #: 246 and 247 Section 20.54.030 C. allows a maximum of 20% of required parking for certain uses to be compact spaces and any parking in excess of the required number may also be compact. Section 20.54.050 A. (1) requires compact spaces to be 8 -1/2 feet wide by 15 feet deep. Compact Parking Spaces in excess of the required parking may not be reduced to less than these dimensions (8 -1/2' by 15'). This interpretation was applied in July 1998 to 201 North Douglas, Plan Check #1009 -97. DATE: .11/09/1998. BY: ' Bret B, Bemard /A1CP, Director J / zM1ng= prh &: 44 4 v ZONING CODE INTERPRETATION SUBJECT: PARKING FOR OUTDOOR DINING AREAS J SECTION #: 20.08.420 (FLOOR AREA (NET) 20 08 855 (STRUCTURE)' AND. 20.54.030 B.(6) (PARKING SPACES REQUIRED) v PAGE #: 24. 44, AND 244 Parking spaces are required for outdoor dining areas at the same ratio required for all restaurants, which is 1 space per 75 square foot of net floor area. The walls which surround outdoor dining area are structures (20.08.855) and therefore the area is included as floor area. The exception for courts or atriums uncovered and open to the sky does not apply to outdoor dining areas. DATE: March 28. 1996 BY: Sharon Hightower.''" zoning \ prkng.din J ZONING CODE INTERPRETATION SUBJECT: Parking — Parallel Spaces SECTION #: 20.54.050 A.(21 and 20.46.030 E. (2) PAGE #: 248 Parking space and backup dimensions and standards for various angles (30, 45, 60, and 90 degrees) are provided within this Code Section; however, there are no standards provided for Parallel Parking Spaces, except for Smoky Hollow. Therefore, the following standards, which are used by Public Works for on- street parallel spaces shall apply: ZONE STALL STALL WIDTH DEPTH All Zones (Except Smoky Hollow 8' — 6" 22' -24' Small Business (SB), Medium Manufacturing (MM), and I 8'— 6" 24' Grand Avenue Commercial Zones (GAC) End Stall Without Obstructions I 81-61 17' Public Works Identifies 24 feet as ideal and 22 feet as a minimum depth. DATE: .11/09/1998 BY: Bret B. Bemard, /AICP. Director zonin&cAprkg.1 i XAQ ZONING CODE INTERPRETATION SUBJECT: Required Parking for Single-Family & Two - Family Dwellings SECTION #:_ X0.54.030 A. PAGE it: 244 Two parking spaces are required for each dwelling unit and one additional space for dwelling units exceeding 3000 sq. ft. of gross floor area. Sections 20.08.360 and 20.08.415, respectively, define dwelling unit and floor area. These sections are not clear if the intent is to include the square footage of an attached garage when calculating the gross floor area and determining the required number of parking spaces. The intent of the Planning Commission and City Council when adopting the one additional required space for dwelling units over 3,000 sq. ft. was to accommodate additional vehicles and storage normally associated with larger homes, which can accommodate more people. Therefore, when calculating if a dwelling unit is over 3,000 sq. ft. do n2l include the garage area. Although_ the Zoning Code does not provide a definition �f garage, the Uniform- Bulding Code defines a garage as a building used to store motor vehicles. Any portion of a garage which cannot realistically be used to store a vehicle, such as a storage closet, workshop or a washer /dryer area, should nt be calculated as part of the garage, but should be included as part of the dwelling unit. This interpretation also provides equity with lots that are developed with detached garages which are clearly not a part of the main building or dwelling unit, by not penalizing lots that are developed with attached garages. DATE: 12/12/95 n1 BY: ==g \ mgparL= 45)0 J ZONING CODE INTERPRETATION SUBJECT: Allowances for Tire Stops and Overhangs in Residential Garages �p,N Section: 20.54.050 A (1) and (2) Pages: 247 and 248 Tire stops and overhangs (e.g. storage cabinets, room additions, etc.) may encroach into the minimum required depth of a residential garage space as follows: Tire stops not more than 6 inches high may be located a maximum of 3 feet from the garage wall opposite the garage door. This height restriction allows the bottom of the car to easily fit over the tire stop so the car can pull as far forward as possible. wo, —IGGr ,.y I .. mayC Overhangs may encroach into the garage space a maximum distance of 3 feet from the wall opposite the garage door, provided that they. are a minimum of 42 inches above the garage fl oor. This height restriction allows the hood of the car to fit underneath of the overhang. -F 6\ a" r�-k n? c4c;.,/ �T \ j V \ )J � r Date: November 18, 1999 By, James M. Hansen zoningkore stops zo 451 f f ZONING CODE INTERPRETATION • SUBJECT: Vehicular Parking in the Front Yard for lots with Alley Access in the R -1 and R -2 Zones SECTION #: 20.20. 100 (R -1), 20.22.100(R -2) 10.28.200, 20-54-050 E 1 PAGE #: 69, 77 -2, 250 On April 8, 1999, the Planning Commission upheld the Director's decision to prohibit vehicular parking (and thus, parking pads) in the front yard of lots which have alley access and which are located in the R -1 and R -2 Zones. DATE: 27 April, 1999 BY: M/1. • /2 y/1 Bret E� B*ardra dd iCP, Director AD: 98 -30 P:%7o 9t OW98.30 Parking -Tandem Spaces in Co Zone • • PAGE #: 2-4.2 On April 9, 1998, the Planning Commission determined that tandem parking in the Corporate Office (CO) Zone is permitted for manufacturing and warehouse uses up to 20% of the required parking, but not permitted for office uses. The Zoning Code specifically permits tandem parking in all other commercial and manufacturing zones for office and manufacturing uses. The Commission determined the intent of omitting the CO Zone in 1993 was to prohibit tandem parking for the large multi- tenant parking structures in the zone. It was not intentionally adopted to limit tandem parking for existing non - conforming manufacturing and warehouse uses in the CO Zone. DATE: 4/13/1998 8Y: Bret B../Sennard, J � AD: 98 -p9 CP, Director zoning \ zci \&d98-9.= 453 J ZONING CODE INTERPRETATION SUBJECT: Parking — Visitor Parking SECTION #: 20.54.030 A. (2) PAGE #: 244 Two (2) Visitor Parking Spaces are required for the first five (5) dwelling units and two (2) Visitor Spaces for each additional 3 units (e.g. 1 -5 units = 2 visitor spaces, 6 -8 units = 4.....) for Condominiums, Residential Co -ops, and Multi - Family dwellings. The definition of Multi - Family Dwellings and Condominiums indicates a minimum of three (3) dwelling units. Therefore, any number of dwelling units less than three (3) does not require visitor spaces, and this Section should read "(e.g. 3 -5 units = 2 visitor spaces), as no visitor spaces are required for only one (1) or two (2) dwelling units. DATE: 11 /09/1998 BY: Bret /Bepard, AICP, Director Z=n8lMkvupWjq 9 ZONINQ Cnni= • i SUBJECT: Residential Parkina-Standardg - - ■ Zones) SECTION #: 20.22.060 A? 20 24 Ofi0 A2 PAGE #: , 74.79 The R -2 (20.22.060 A2) and R -3 (20.24.060 A2) Zones allow development of uses permitted in the R -1 and R -2 Zones, respectively, however, the use must be constructed in accordance with the parking requirements of the Zone where the property is located. The parking standards in Section 20.54.030 A relate to the residential =, not the zone, therefore, a single- family dwelling in an R -2 or R -3 Zone must meet the requirements of 20.54.030 A (1) (2 spaces for each unit + 1 additional space for dwelling units exceeding 3,000 square feet of gross floor area). The parking standards in Section 20.54.050 A relate to the zone, not the use, for the dimensions of the required parking. The parking standards in Section 20.54.050 C relate to the fig, not the zone, therefore a single - family dwelling in an R -2 or R -3 Zone must provide parking in a fully enclosed garage. This distinction between dwellings (defined by Sections 20.08.340 through 20.08.355) as a UM and residential cgs defines the appropriate code sections to use for parking standards. DATE: June 23. 19_ BY: —14� Bret . mar , AICP, Director W V"-Pr -W 455 ZONING CODE INTERPRETATION SUBJECT: Wheel stops SECTION #: `0.54.0'90(2) (a) PAGE A. ve:,.:.cle sales ar—' ven-zle stcrace areas s.;-,.a.Lle barrilers (:.e. whee-' stops) iccateA- rict less than four 'tee'- :=7 a properzy l-,ne arc not less than. jn -e.c- 7arkina areas are not ad3acent to a sidewalk or cther pedestrlam arer-S, stee' ca�.le :zuards, concrete parapets, ..orbs (or s-•r-.-'lar) :77.e-� tc take tne impact of a vehicle ma- - .- be prcv-,de,-4 in lieu cf standard t are . c W zt�cs. overhanas' -.,o,-.-accertable a- heel stcrs for recuireA par.. . 7t: -e_--ired landscape areas) DATE. ,Y: A's 455; r; 3 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 2009 AGENDA STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding Council consensus to cancel the January 5, 2010 City Council Meeting (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: (1) Approve cancellation of the January 5, 2010 City Council Meeting; (2) Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Amount Budgeted: $ Additional Appropriation: N/A Account Number(s): ORIGINATED BY: REVIEWED BY: APPROVED BY: Cathy Domann Cindy Mortesen Jack Wayt, City BACKGROUND AND DISCUSSION: The first regular 2010 City Council meeting is scheduled for Tuesday, January 5, 2010. Because City Hall will be closed for certain established holidays and because of the additional meeting workload and scheduled travel plans, it would be difficult to meet legal noticing requirements and to properly prepare for the meeting. Traditionally, the first City Council meeting of the new year has been cancelled and therefore it is requested that Council consider cancelling the January 5, 2010 meeting. 20 15