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1995 APR 04 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 The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give. Your name and address 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 in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In comp Lance uith the Americans vath Disabilities Act, if you need special assistance to participate in this tearing, please contact Jack I -hlmn, 322 -3769 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting A,1 �/ �� Ia \LED ADJOURNED REGULAR MEETING OF THE EL SEGUNDO = COUNM April 4, 1995 - 5:00 P.M (Items #8 -29 - Rain Damage Claims added) CM\1111CIt CC 1)31:7 PLIDCE OF A11 QANCE - Mayor Pro Tem Liam Weston PUBLIC CI MMUNICATIONS - (Related to (It Business Only) - 5 minute limit per person, 30 minute limit total) Ar-U :f a117.`73.`l.`1C�;►1 The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Gobernment Code Sec. 54950, A 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Godt Code Section 54956.8) None. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt Code Section 54956.9(a)) 1. Summerfield tax litigation, Case No. BC 106640 2. Chaffin v City of El Segundo, USDC Case No. CV94 4444AWT(BQRx) 3 Harrison vs. City of El Segundo et al., USDC Case No. CV94- 8264DT (BQRx) 4. Vivian v City of El Segundo, Case No. BC 122791 5 John Turner v City of El Segundo, LASC Case No. TC 007934 6. An Tran v. City of El Segundo, Claim Nos 9408; 94-21 7 Danny Dye v. City of El Segundo, WCAB Case # Unassigned, Clain #92- 0200 -0055 C laims Re Rain Damao. 8. Octabio Ramirez v. City of El Segundo, Clain No. 95-02 9. Federico Ramirez v. City of El Segundo, Claim No. 95 -04 10. John Peters v. City of El Segundo, Claim No.-95 -04 11 A. J Neil v. City of El Segundo, Claim No 95 -06 12. Bill and Jean Bue v City of El Segundo, Claim No. 95 -09 13. Jon Prescott v. City of El Segundo, Clain No. 95 -11 14 Ed and Susan Ash v. City of El Segundo, Claim No. 95 -12 15. T. L Douglas Co. v. City of El Segundo, Claim No. 95 -13 16 Triwell Properties Inc. v. City of El Segundo, Claim No. 95 -14 17. Bob's Antiques (Bob Rmebold) v. City of El Segundo, Claim No. 95 -15 18. Cole Industries v. City of El Segundo, Claim No. 95 -16 19. Jack Siadek v. City of El Segundo, Claim No. 95-17 20 Clemens and Kozloski v. City of El Segundo, Claim No. 95 -18 21. Lester McIntosh v. City of El Segundo, Clain No. 95 -19 22. Clayton Blank v. City of El Segundo, Claim No 95 -22 23. ESE v. City of El Segundo, Claim No. 95 -23 24. Pacific Science v. City of El Segundo, Claim No. 95 -24 25. Challenge Noble Inc. v. City of El Segundo, Claim No. 95 -28 26 Edward Mowad v. City of El Segundo, Claim No. 95 -30 27 Reliable Tool v. City of El Segundo, Claim No 95 -31 28 B/G Engineering v. City of El Segundo, Claim No. 95 -32 29. Eddie Paul v. City of El Segundo, Clain No. 95 -33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Godt Code 54956.9(b): _ 5 potential cases (no fiuther public statement is required at this time); Initiation of litigation pursuant to Gov't Code Section 54956 9(c): 2 matters. DISCUSSION OF PERSONNEL MATTERS (Godt Code Section 54957). 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Godt Code Section 54957.6) None RUM OF ACHON TARN IN CLOSED SESSION (if required) PUBLIC COIVIlVILANICATIONS - (Related to City Busies Only - 5 minute limit) ADJOURNNMVr POSTED: DATE 43 , /9S TIME NAME T L AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give Your name and address 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 in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance xvith tile Americans vAth Disabilities if you need special assistance to participate in this meeting, please contact Jack Hilton, 322 -3769 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEEMG OF TILE EL SEG[INDO C1TY COUNCIL April 4, 1995 - 5:00 P.M PLEDCE OF ALIEGIANCE - Mayor Pro Tern Liam Weston '1 PUBUIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per person, 30 minute limit total) CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, et -uq.) 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 Gov't Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows- CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956.9(a)) 1. Suummerfield tax litigation, Case No. BC 106640 2 Chaffin v. City of El Segundo, USDC Case No CV94 4444AWT(BQRx) 3. Harrison vs City of El Segundo et al., USDC Case No CV94- 8264DT (BQRx) 4 Vivian v City of El Segundo, Case No BC 122791 5 John Turner v City of El Segundo, LASC Case No TC 007934 6 An Tran v City of El Segundo, Claim Nos 94 -08, 94 -21 7 Danny Dye v City of El Segundo, WCAB Case # Unassigned; Claim #92 -0200 -0055 002 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956.9(b) 5 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c): 2 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957). 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Godt Code Section 54957.6) None REPOR17 OF ACTION TALI IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute Limit) POSTED DATE 3 ? 9 S TIME `. 4 » , NAME �`Y ,' IX, 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 The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address 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 in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Jack Hilton, 322 -3769 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 APRIL 4, 1995 - 7 00 P M Next Resolution # 3916 Next Ordinance # 1237 CALL TO ORDER INVOCATION - Rabbi Leon Kahane PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - 1 Proclamation declaring the week of April 9 -15, 1995 as NATIONAL LIBRARY WEEK, themed "Libraries Change Lives," in the City of El Segundo 2 Proclamation declaring the week of April 9 -15, 1995 as EL SEGUNDO BUILDING SAFETY WEEK with the theme "Using Tools to Build Public Awareness " 3 Proclamation declaring the month of April as EARTHQUAKE PREPAREDNESS MONTH in the City of El Segundo ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) 1 Discussion by the El Segundo Unified School District about the District's proposal to lease the Imperial School site to Children's Discovery Centers 2 Discussion by Lori Duston, Kilroy Industries, of City support for the proposed El Segundo Del Norte Station and funding of the project with request that Council approve a Memorandum of Understanding between the MTA and City for preliminary design of the Station 004 Request by Mrs Annette Latshaw for an ordinance limiting the number of alcoholic beverage licenses (for on -site consumption or take out) on the west side of Sepulveda within 1,000 feet of existing licensees (See related item under "New Business - City Manager ") A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Sewer Use Fees and modifications to the City of El Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act Recommendation - 1) Second reading of Ordinance by titre only. 2) Adoption of Ordinance regarding Public Sewer Facilities Regulations. Agreement with Meyer, Mohaddes Associates, Inc for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program ($29,860) and possible purchase of traffic modelling software ($7,500 Recommendation - 1) Approve agreement. 2) Authorize the Mayor to execute the agreement on behalf of the City. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 217998 - 218108 on Demand Register Summary Number 36 in total amount of $10.515.696 63 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2 Warrant Numbers 218109- 218327 on Demand Register Summary Number 37 in total amount of $730.058 27 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. Warrant Numbers 218328- 218459 on Demand Register Summary Number 38 in total amount of $64.596 88. and Wire Transfers in the amount of $151.512 92 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 03/10/95 to 03/24/95. 4 City Council meeting minutes of March 21. 1995 Recommendation - Approval. A Resolution of the City Council of the City of El Segundo, California, authorizing the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Local Government Used Oil Opportunity Grant Recommendation - Adopt Resolution. 005 Award contract for Maple Avenue Street Improvements west of Hillcrest Street, Protect No PW 94 -13. to DJ Construction (contract amount - $16.802 95) Recommendation - 1) Authorize an appropriation of $3,100.00 from unallocated Transportation Development Act grant funds for the project. 2) Award contract to lowest responsible bidder, DJ Construction, in the amount of $16,802.95. 3) Authorize the Mayor to sign the construction agreement. Adoption of plans and specifications prepared by Caltrans for the Nash Street - Douglas Street One -Wav Couplet Protect (estimated cost to the City $500.000) Recommendation - 1) Adopt plans and specifications. 2) Authorize Staff to notify Caltrans to proceed with advertising the project for receipt of construction bids. CALL ITEMS FROM CONSENT AGENDA F. G. H. L J. NEW BUSINESS - CITY MANAGER Request by Rockwell International for consideration to name the new connector road between Douelas and Nash streets as Lee Atwood Way Recommendation - Act on Rockwell's request for naming new connector road between Douglas and and Nash Streets. Provide direction to Staff on the inconsistency of street names. Proposed resolution to standardize City of El Segundo's fee structure for duplication of public records Recommendation - 1) Read resolution by title only. 2) Adopt Resolution. Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing reguirements and Zoning Code provisions for alcohol sales Recommendation - 1) Designate the Director of Planning and Building Safety as the local determining official for precluding or allowing the issuance of ABC retail licenses only in areas of "undue concentration," which includes areas of high crime and areas where the ratio of alcohol licenses to population exceeds the County average. 2) Retain the existing Zoning Code provisions, which allow in all commercial zones the off -site sale of alcohol as a permitted retail use, on -site sale and consumption in restaurants with an Administrative Use Permit (AUP), and on- site sale and consumption in bars with a Conditional Use Permit (CUP). 4 Modification of Agreement between the City of El Segundo and the El Segundo Unified School District for Joint Use of Video Studio and Equipment Recommendation - Approve modification of Agreement Section 8 pertaining to City's indemnification of District NEW BUSINESS - CITY ATTORNEY - NONE NEW BUSINESS - CITY CLERK - NONE NEW BUSINESS - CITY TREASURER - NONE NEW BUSINESS AND REPORTS - CITY COUNCD MEMBERS Councilwoman Friedldn - [See item listed below under Councilman Switz regarding early turns at LAX] 3 006 Councilman Robbins - Problem of unscrambled cable television broadcasts of adult entertainment Recommendation - give oral status report 2 League of California Cities Planners' Institute Recommendation - give trip report City -wide CPR trammg and certification program Recommendation - Discussion and possible action. Councilman Switz - Presentation by member of Noise Abatement Committee demonstrating the City's current capability of videotaping and audio tracking aircraft early turns at LAX, including two particular actions by commuter aircraft Recommendation - Discussion and possible action, including directing the Mayor to meet with Airport Management with evidence from the tapes to determine what they intend to do about the problem. Mayor Pro Tem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et M) 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 Continuation of matters listed on the City Council Agenda for 5 00 p in, April 4, 1995 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE ;3/9"9/9S TIME NAME ��n p •` G, -, 4 007 PROCLAMATION Whereas, America's school, college, public and special Libraries are a vital educational resource for millions of people; and Whereas, Libraries provide all people with vast resources for their occupations, entertainment and personal growth; and Whereas, Libraries are one of our great democratic institution, helping all Americans to lead better lives and are an essential national resource we cannot afford to take for granted; and Whereas, Libraries nurture the human mind and spirit of people of all ages; and Whereas, Librarians provide invaluable expertise in the pursuit of knowledge; and Whereas, Libraries and Library supporters across America and beyond are celebrating National Library Week, April 9 through 15, with the theme, "Libraries Change Lives." NOW, THEREFORE, the City Council of the City of El Segundo does hereby encourage all residents to use the El Segundo Public Library for the purpose of enriching their lives and to thank our Librarians for the valuable and helpful services they provide our community, as we proclaim the week of April 9 -15, 1995 in the City of El Segundo, NATIONAL LIBRARY WEEK Jacobson, Mayor Liam Weston, Mayor Pro Tern Michael D. Robbins, Councilman Richard J Switz, Councilman Jane Fnedlun, Councilwoman N, 008 PROCLAMATION WHEREAS, the safety of the buildings we occupy daily is essential to the health, safety and welfare of the citizens of this nation; and WHEREAS, among our most fundamental laws and ordinances are those which provide standards for the safe construction of buildings in which people live, work and play, and WHEREAS, for construction and building codes to be effective and enforced, understanding and cooperation must exist between building officials and the people they serve, and WHEREAS, through the efforts of state and local building officials and their cooperative relationship with the construction industry, the administration of these health and life- safety standards is assured, and WHEREAS, units of state and local government across this nation - along with such prestigious organizations as Building Officials & Codes Administrators (BOCA) International, Inc, International Conference of Building Officials (ICBO), Southern Building Code Congress International (SBCCI) Inc, the Council of American Building Officials (CABO), and the National Conference of States on Building Codes and Standards (NCSBCS) - are loinmg to promote the use of building and construction codes today, for a lifetime of building safety, through the observation of Building Safety, and WHEREAS, the theme of Building Safety Week 1995 has been established as "Using Tools to Build Public Awareness" NOW, THEREFORE, the City Council of the City of El Segundo does hereby proclaim April 9.15, 1995 as EL SEGUNDO BUILDING SAFETY WEEK and we urge all citizens to participate in Building Safety Week activities to help promote building safety, to create awareness as to the importance of construction and building codes, and to spotlight the role of the dedicated �u�dmg official m administering those codes / , Mayor Liam Weston, Mayor Pro Tem Michael D. Robbins, Councilman Richard J. Switz, Councilman Jane Fnedkin, Councilwoman 11' Proclamation WHEREAS, the January 17, 1995 earthquake in Kobe, Japan, was another reminder to citizens of El Segundo that we are always vulnerable to this scale of unpredictable seismic activity, and WHEREAS, the loss of life and property can be abated if appropriate earthquake preparedness measures are heeded before, during and after an earthquake; and WHEREAS, the City of El Segundo is dedicated to being prepared for earthquakes, from educating the residents and business community, to providing exemplary emergency service and support before, during and after an earthquake, and WHEREAS, the activities and events included in this year's 'THE NEXT EARTHQUAKE, READY OR NOT" campaign will work to increase public awareness, getting all citizens involved in the effort to prevent unnecessary property damage, injury, and death NOW, THEREFORE, the City Council of El Segundo does hereby proclaim APRIL, 1995 EARTHQUAKE PREPAREDNESS MONTH in the City of El Segundo and encourages all citizens to actively participate in earthquake preparedness measures and activities, this month and all year long, in an effort to make the next earthquake less devastating Dated this 4th day of April, 1995 / Carl Jacobson, Mayor Liam B.Weston, Mayor Pro Tem Jane W. Fnedkin, Councilwoman Richard J Switz, Councilman Michael D. Robbins, Councilman 1 010 a SUPERINTENDENT WILLIAM N MANAHAN. EE D March 14, 1995 El Segundo Unified School District 641 SHELDON STREET • EL SEGUNDO, CALIFORNIA 90245 (310) 615.2650 • FAX (310) 640.8272 Mr. James W. Morrison City Manager City of El Segundo 350 Main Street El Segundo, California 90245 Dear Mr. Morrison: RECEIVED MAR 1 ~ 1995 CM MANAGER'S OFFICE CHRISTINE M SHERRILL KEITH WISE WNPf" NS KENNETH N SCHOFIELD Cant ALAN D LEITCH LORRAINE L LOFLIN UWAW This Is an addendum letter to the letter delivered to the City Council, dated March 9, 1995, with regards to a presentation to the City Council on the Imperial Street Elementary School site. The School District finds it necessary to change the date of its presentation to the City Council meeting of April 4, 1995, and appreciates your confirmation that you will, in fact, schedule the School District accordingly. In the presentation letter, we requested at least twenty (20) to thirty (30) minutes of presentation time, and I have been advised by you that that request must be approved by the City Council. Consequently, this letter is a request by the School District of the City Council for a presentation time of at least twenty (20) minutes, but no more than thirty (30) minutes, at the April 4, 1995, City Council meeting. We make this request today in hopes that the City Council can take action on this matter at its March 21, 1995, meeting. Sincerely yours, �X/: ` William N. Manahan Superintendent WNM•rh 2«/w4d & /Ino«amy d"den4 and 44, wmmam+ Oil rnr// nn 6141; ae�l 1MM'f g enrgw""termeAta Iaelknw flout/ K lwdu 44&e, t, .4 n /v4,, ",4vl 1A, e%I/,Wu C/'" 94,471 a #r/y ,, /le 2 /t/ iom hoy I* SUPERINTENDENT WILLIAM N MANAHAN EE D March 9, 1995 lRECF.IVEG i Im( 0 919J5 El Segundo Unified School District 641 SHELDON STREET -EL SEGUNDO, CAUFORNIA90245 (310) 615.2650 - FAX (310) 640 -8272 The Honorable Carl Jacobson Mayor, City of El Segundo The Honorable City Council Members 350 Main Street El Segundo, California 90245 Dear Mayor Jacobson and City Council Members. OFFICE BOARD OF EDUCATION CHRISTINE M SHERRILL PmsOent KEITH WISE Vq Pnment KENNETH N SCHOFIELD C/ea ALAN D LEITCH Membr LORRAINE L LOFLIN MembM The purpose of this letter is to request the City's cooperation in allowing the School District to utilize the now vacant Imperial Street Elementary School site in a manner which benefits both the School District and its students and the City at large As Council members are no doubt aware, Imperial Street Elementary School was closed in 1976 and has not been used as a school since that time Because of the site's size, recreation areas, and location, it would be ideal for development as a childcare center or other type of recreational use However, for various reasons, the School District has not been able to implement such uses Since 1985, the School District has had to pay non -use fees for the Imperial site totaling $52,329 The site has also become an eyesore as the result of vandalism and most recently was severely damaged by a fire apparently set accidentally by a transient. Clearly, the facility is deteriorating and is of no use to the community in its present state In the early part of 1994, John Altimura submitted an application to the City for a use permit to develop the Imperial site as a recreation complex This application was denied by the City Council because of opposition from the surrounding community In an effort to identify what it views as acceptable development alternatives for the property, the City established a Planned Residential Development (PRD) zone for this particular site The PRD zoning would allow a residential development of the property with up to sixty-five units It also allows for interim uses of the property as a childcare facility, church, private club, fraternity, sorority, lodge, private school, and public or private recreation These interim uses also require planning, review, and approval by the City. 9e4ialed to Atom -aI d4md . A a.d 4e o 1 2 mog ate aMn /emwng emroos" eme Aal"e/aaetedowaled l wduttne, mllo�,swwk c414) / m / 44e Ma&myeI, '7 a p64 ,,.W to 46 24x1 V-w#4ny The Honorable Carl Jacobson Page Two The Honorable City Council Members March 9, 1995 In an effort to generate revenue from this property, the School District advertised for bids from prospective lessees during the summer of 1994 The successful bidder, Children's Discovery Centers (CDC), is an established nation -wide childcare provider A lease with CDC would generate revenue of at least $150,000 over the first three -year period and improve the site Under its proposal, CDC would be using the property from 6.00 am to 6 00 p in , Monday through Friday It has indicated a willingness to make the property available outside of these days and hours for other public recreational uses provided its property can be protected. The School District believes that having CDC occupy the site as proposed would be a benefit to both it and the City However, before we or CDC can proceed further down this path, we need to know the City's position on two issues First, we note that the Imperial site is covered by the Restated Joint Use Agreement between the City and the School District Under this Agreement, the City has a right to use or improve the site so long as it does not interfere with the School District's use of the property We believe that CDC's childcare center would constitute a School District use of the property and, accordingly, would not violate our Agreement However, in the interest of working together with the City and to avoid any claim that the School District has breached its Agreement, we need to know if the City has any objection to the childcare center use as proposed above If the City objects to this use, we need to know what the problem is Specifically, what plans does the City have to utilize the Imperial site that would conflict with the proposed CDC use By working together, it should be relatively easy for the parties to accommodate both the childcare center and any recreational use proposed by the City. The second issue is the approval process under the PRD zoning While it may not be possible to predict with precise accuracy what the community reaction will be to CDC's childcare center, it is clear that this is an authorized and contemplated use under the PRD zone Accordingly, we want the opportunity to work with your staff to develop under what conditions we can operate a childcare center on the site CDC is prepared to submit an application for a use permit under the PRD zoning as soon as possible This being the case and given the current condition of Imperial Street Elementary School, we would request early and favorable consideration of CDC's proposal so that we can rehabilitate the site Assuming that the City (and perhaps the School District) would have recreational uses for the property during the time periods that the childcare center is not in operation, we believe all citizens of the City will benefit from these improvements By this letter we are requesting placement on the March 21, 1995, City Council agenda to address the Council on this issue Because of the importance of the Imperial Street Elementary School, we would ask that our presentation be allowed at least twenty to thirty minutes of time. Sincerely yours, William N Manahan Superintendent of Schools WNM rh 013 MOU MEMORANDUM OF UNDERSTANDING WHEREAS, the City of E1 Segundo (the "City ") has requested that the Los Angeles County Metropolitan Transportation Authority ( "MTA") undertake, on behalf of the City, an environmental assessment and preliminary engineering of a station (the "Project ") proposed to be located west of Douglas Street and south of Imperial Highway (the "Del Norte Station ") and the MTA agrees to do to; and WHEREAS, the Del Norte Station environmental assessment and preliminary engineering is a private - public funded project as programmed in the FY 1991 -1997 Regional Transportation Improvement Program and in the 1992 State Transportation Improvement Program; and WHEREAS, the purpose of the environmental clearance is to facilitate joint efforts of the City and E1 Segundo Employers Association ("ESEA"), with the cooperation of the MTA, to access potential federal funding sources and meet local and federal environmental requirements; and WHEREAS, the purpose of the preliminary engineering is to provide a more current and accurate estimate of project cost and the funding required from ESEA; and WHEREAS, the City and the MTA shall jointly bear responsibility for the entire cost of completing the environmental assessment and preliminary engineering of the Del Norte Station up to $600,000. NOW, THEREFORE, the MTA and the City agree as follows: 1. SCOPE OF WORK A. MTA shall perform the work described more particularly in the Work Plan ( "Work Plan ") included as Attachment A and incorporated herein by reference, including the procurement of services that may be required under the Work Plan. B. Changes in the Work Plan, Schedule and the Budget, and payments from Contingency as shown in the Budget included as Attachment B and incorporated herein by reference, shall be agreed to in writing by the City and the MTA before MTA commences work on such changes. C. Promptly following execution of this MOU, the City and the MTA shall reasonably agree upon project milestones, deliverables, documents, other terms, conditions, and approvals tied to the preliminary design process review. 014 D. The MTA shall conduct regular meetings with representatives of the City, including any representative from ESEA, to discuss work progress and resolve any related issues. E. The responsibilities of the MTA for the Del Norte Station is limited to those specified in this MOU and in the MTA agenda item for this project as approved by the MTA Board on November 17, 1993, included as Attachment C and incorporated herein by reference. Any additional work shall be the subject of a new agreement by the MTA and the City. F. In the event City's review is required hereunder, City shall expeditiously review and provide comments to the MTA in such a manner as to keep the Project on schedule. 2. SOURCES OF FUNDS A. Funds for the Work Plan will come from the MTA (through a State grant of $300,000) and the City, through the combination of a $90,000 AB 2766 grant to the ESEA and private sector contributions of $164,000 and such other sources of funds the City may make available to make its contributions whole, as required by the terms of this MOU to complete the agreed upon work. B. The City shall transfer its share based on the schedule described herein in a timely manner, City shall continue to make payments to MTA as requested to keep the project on schedule. C. In the event City is unable to obtain funds from the sources described herein in a timely manner, City shall continue to make payments to MTA as requested to keep the project on schedule. 3. USE OF FUNDS A. The MTA shall set up a separate account solely for this Project and deposit the funds described above into such account. B. All professional services, including direct MTA cost, and /or goods necessary for the completion of the Work Plan, shall be charged to the account. Consulting firms hired for the Project, including the Engineering Management Consultants of the MTA, shall be charged to this account. 4. PAYMENT OF FUNDS A. An amount equal to twenty -five (25) percent of the total City share shall be paid to the MTA at the start of the Project. The MTA shall transmit to the City a copy of the MTA Board approval of the consultant for the environmental assessment and a Notice to Proceed to indicate start of the Project. If the 015 contract and such amendment does not require Board approval, a copy of the amendment and subsequent agreement with the contractor /consultant shall be provided to the City in lieu of the Board approval. B. Thereafter, the MTA shall bill the City according to the following schedule: ° 25% upon commencement of preliminary engineering 25% upon receipt of the draft preliminary engineering documents ° 25% upon completion of the project C. Costs in excess of $600,000 shall be the sole responsibility of the City. Should project costs exceed $600,000, the MTA shall use best efforts to obtain additional rail bond funds after June 30, 1996. 5. TERM. This MOU shall commence upon execution of the MOU and terminate when the agreed upon Scope of Work - -as more particularly described in Attachment A - -has been completed, both the MTA and the City accept the final preliminary engineering documents, and all costs are paid. 6. OTHER TERMS AND CONDITIONS A. This MOU shall not be amended, nor any provision hereof waived, except in writing signed by the parties which expressly refers to this MOU. B. All attachments to this MOU are incorporated herein and by this reference made a part thereof. C. The covenants and agreements of this MOU shall accrue to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. D. This MOU and any attachments or documents incorporated herein by reference, constitutes the complete and entire agreement between the MTA and City and supersedes any prior representation, understandings, communications, commitments, agreements or proposals, oral or written. E. All project documents shall be the property of both the MTA and City. F. The MTA will base its preliminary design work on completed geotechnical studies for the project site. 016 IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be duly executed as of the dates indicated below, with all the formalities required by law. CITY OF EL SEGUNDO LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Name Date FRANKLIN E. WHITE Date Title Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By: By: Name Date Deputy Date List of Attachments Attachment A - Work Plan Attachment B - Budget Summary ° Attachment C - MTA Agenda Item, November 1993 d \onramp \newmou \1 -FINAL MTA 017 ... a-LU-ao , 4•GLrM , JUUln ruir AX" IC1tin" 61U6ZZ04011S 1J 3 Attachment A WORK PLAN DEL NORTE STATION PREIDUNARY DESIGN PRELIMINARY DESIGN ESTIMATE ASSUMPTIONS The enclosed estimate reflects traditional approach to preliminary design. The output is an approximate 30% design suitable for final design use. The MTA shall provide services necessary to complete preliminary design as described herein. The Systems work on preparing actual "bid' documents will be considered a Final Design task and thus eliminated from this Preliminary Engineering program. The only efforts included are those that support the cost estimate and document the key physical interfaces. The inclusion of the latter work assures complete compatibility with existing equipment and systems on the Metro Green Line. The Preliminary Engineering effort is estimated to take four months. While admittedly ambitious, this can be accomplished by utilizing existing material and staff funiliar with the project. In addition, the estimate assumes the work would begin no later than July 1, 1995 in order to utilize existing Metro Green Line program staff, management and administrative support. A later time frame would require greater effort than shown because current Metro Green Line staff may have been reassigned to other projects or locations, requiring the hiring or assignment of staff unfamiliar with the project. Summary of General Assumptions • Product of efforts are for input to a final design process. A design /build specification or construction approach is not included. • No artwork coordination is included. • Station location and configuration is fixed at start of preliminary engineering. • Station limits will not include Park- and -Ride or landscaping. • All signage and graphics design will be dome by final designer. • No R -O-W activity beyond definition of existing property will be done by EMC. • No environmental activity will be undertaken by EMC. 018 .. V-6u -,7J , ` -44 ill OVUM LLi1 AURA IrA" OIUJZZOUd1,8 J/ 3 Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 2 • Manual drafting will be employed - no CADD unless determined to be less expensive, • As -Built drawings end survey of as -built conditions will be provided by the MTA. • Existing geotechmcal information is assumed to be complete for intended work. • Assumes all system work can be by sole source procurement orders, not full blown bid procurement documents, subject to the approval of the MTA Board. • Only one design review cycle is anticipated. • Guide specifications are hand - marked. • Preparation of or participation in final design team selection process is not included. • Simplified drawing preparation and design review process will not in full compliance with quality procedures. • Assumes work is hegun no later than July 1, 1995. 019 J-zu-bzi , J•Z/rN - 3%)UAn wy AK" ItAft- Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 3 Table 1 Cost Summary 7� 1. Project Table 2 1240 Management & Secretary 2. Project Control Table 3 I Administration Table 4 4. Design & Table 2 Engineering Outputs (See Attachment) TOTAL (1) - Cost '70 $ of 5.8 Million $ Construction Costs [Duration Activity-- (1) Rates are based on activity during 3rd and 4th quarter 1995. 160 120— 3012 4532 6.6% 4 Months JIU&26UdI,g 8/2U 020 __ _ ... J'LU�bJ + J•LLCUI + OVUM riAC AKLA ttkUtl- Attachment A, Work Plan Del Nortc Station Preliminary Engineering Page 4 Table 2 Activity Summary Estimate =.rcttFr,rir,r;= en�rna,i0.� �. . Contracting Plan 30% Plans (See Table 3) Technical Specification Studies Presentation Material Design Criteria Design Review Cycle Cost Estimate Schedule Estimate Proposal Development TOTAL " • �1�GQ.1�1` 60 2082 80 260 140 30 120 160 40 40 3012 Support detail contained in COST ESTIMATE SUPPORT DATA, pages of this document. 00&200diI; y(zu 021 U-,U -i)U , 0-44101 r JuLLlfl OAC AIQtA JrAN- d1U0220461,81U /YU Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 5 Table 3 Summary of Drawings DISCIPLINE HOURS A General 64 R- Civil 216 C. Architectural 560 D. Structural 292 E. Mechanical 300 F. Electrical 650 TOTAL 2082 022 DRAWING NUMBER Table 4 SCHEDULE OF DRAWINGS TrrL>✓ . - FNGINEI =R, DESIGNER — Czver 2 Index and Genera) Notes 10 •t mj 12 Plight —of —Way (Proporty) Malt 32 _ 1'•x6ting UWilta lb Mtraontal & Vertmal As —Built 'flack Alipment 24 Situ Plan (Ccmtmt Dinµ•.om= & Elevatiom) Conraztor Road Modtficauum -- 16 TOTAT. 88 Ptan — P_ lsting 3truclutca & Demolition 20 Site Platt 30 _ Ham Plan 40 Platform flan 50 lslevatauts 40 Sccuoas 40 7miatl Votads and Vinishat TOTAL Plan & Elevauom — North Plan & Elevattolls — South Curse Soctiom TOTAL .50 8 40 40 24 112 JIUJ, LZojo1,*LL1ZU DRArrER 40 52 48 40 0 an 128 50 40 30 40 40 40 50 290 40 40 40 60 180 023 . J -4u-uo . U -401,11 Jw117 Otil AKCA ICBM, JIUJLL0.701,wt2 /2o DRAWING NUMBER TTIT -E ENGINEER, DESIGNER DRAFTER AbllrevtaUCm and Sjanhofs ,- _ Plaza Lovcl Plan Platform Uvel Plan_ Elevalor Mrchme Rnoms -_Plain and Sectitm% Trackway Walkway Madditcatiom TOTAL ]li>3CTIi1CJ1i" Abbnsvisliow and Symbols _ Power Schematic CbmntunfcaiMm and Power Cnnduils - Soltemahc P1aza71wi - Power & Lighfing Platfcmu Ran - Power & lighting TC rB Interface Plan _ _ Fattne Types &'lyplcel Dctmis System Interface Details. Emil' EM TVM - Plarn Level Plallorm Leval TCJI'AL - COMPIFM..TOTAL IJM61NED TOT, .. _ 20 30 40 20 40 - - 20 - 140 20 _ 40 --- ?U 40 30 40 - 20 - 40 — -30 -- 160 30 40 - 90 40 - - - 30 _ 60 60 40 40 _ 20 40 - - - 30 - 30 - - 280 - - 902 -- 390 11R0 -` .2082 024 I ... , 3-ZU-i)D , J-LJCiri , JvUlll pol XKLA 1t X4 JI UJZZ046I'*iJ /ZU COST ESTIMATE SUPPORT DATA A. Project Management Assumes project is four months. Management includes: Project Manager 1/3 time = 200 a Facilities Manager Full -time = 640 • Systems Manager at 100 hrs. = 100 e Secretary 1/2 time 300 TOTAL 1240 B. Project Control one quarter time Project Control for establishing and monitoring activity. cost estimate and schedule development is 160 hours for cost and 40 hours for schedule. 1/4 of 640 = 160 hours C. Administration 120 hours required for in -house activities. D. Contracting Plan A document which describes the contracting approach for all work required. Describes each contract or work unit and elements included and not included. Sixty hours engineering and secretarial. Systems descriptions will require considerable detail in order to support the cost estimate. E. 30% Plans - see Attachment B F. Technical specifications This task is basically the identification of appropriate technical specifications. This includes the preparation of an index of selected specifications, inclusion of the specifications as hand - marked for potential revisions and a brief description of any key specification technical issue. G. studies Two major study areas are estimated. The first consists of finalizing the architectural design concept on which the preliminary engineering effort is to proceed. A single design concept will be selected based on site constraints, the structural study described below, and team agreement. This study would include meetings with MTA, developers, and other 025 J -zu -DA r J'LJCiN r dvUln oN( AK LA lr_M- JiU&ZbU H, ;14120 third parties and preparation of appropriate material (3 major meetings are assumed) . This task would take place at the beginning of the program, primarily in the first two to three weeks and must select a design concept before further work can proceed. An estimate of 120 hours is used. The second study is a structural analysis of potential configuration of the station relative to the interfacing guideway. A two -phase study is envisioned where the first phase provides input to the architectural concept selection described above while the second phase provides more definitive input into the structural plans (Item E) . For both phases, including the abbreviated report 140 hours is estimated. A total of 260 hours for both studies is estimated and includes final reports on both studies. H. Presentation Material This task includes the preparation of artist renderings and architectural plans for presentations to team members. These are anticipated to be required both at the beginning of the program (to support Item G above) and at the end as a final deliverable. A total of two (2) artist renderings and three (3) presentation drawings/ sketches are assumed and includes reproduction and display mounting tasks. Artists' renderings are estimated at 80 hours and 60 hours for presentation. I. Design criteria The Metro Blue Line /Metro Green Line design criteria and the new Systemwide Criteria must be reviewed for applicability - both in scope and timeliness. Thirty (3) hours is estimated for the review and mark -up. Marked up hard copy will be submitted as is (not re- retyped). J. Design Review cycle A final formal review process is assumed. It would occur near the completion of the effort and would focus on: • Plans • Specifications • Contracting Plan • Cost Estimate The task includes distribution of material, collection of comments, documentation of responses, one review meeting, and incorporation of agreed changes. Simplified procedures would be utilized. An estimate of 120 hours for this task assumes only minor -comments given the agreement at the beginning on a single design concept. 026 J -LU -W , o•/Jrm , 3VUIh MY AREA It V1 J1UJ225081 415/20 K. Cost Estimate A cost estimate for the final design and construction /procurement effort will be provided. It will be based on a "standard" final design, designer selection process, station construction contract preparation, contract award, design support during construction, construction management, and the specification development for the systems items and their procurement and installation through the sole source procurement process. An estimate of 160 hours is assumed. The station will be designed and engineered in the most efficient manner possible. L. schedule Estimate This task includes the likely schedule for the program from the preliminary engineering phase through final procurement /construction and acceptance. Special attention will be directed at the impact of construction on an operating transit system. This factor will also affect the cost estimates in Item K above. A 40 -hour effort is envisioned including simplified presentation material. M. Proposal Development This covers work already completed on the development of the program herein defined. A total of 40 hours is estimated for this purpose. 027 u �u uu , u , J ulll 0AI Ah" IrM- Del Norte Station Preliminary Engineering ATTACHMENT B - BUDGET SUMMARY 1. Environmental Assessment 2. Preliminary Design 3. Management & Administration — Prelim. Design 4. Contingency TOTAL J L UJLLbddi ,; I u/ 2U $50,000 $382,000 $76,000 $92,000 m eu -oa , v L417M , avutn not AK" lrAn� 31U3226U81417/20 Staff recommends the Board of Directors instruct the RCC to begin preliminary engineering wodc on the Metro Green Line 4 Segundo/Del Norte Station. The purpose of this wodc is to accurately determine costs for the construction of the station and provide this information to the City of El Segundo to be used for the El Segundo/Del Norte Station Federal Tttmll ey Demonstrat9.on Project. MTA and RCC activity would be limited to the state and privately funded preliminary engineering work- F-,Vftpl omy 0 CA ► n n The F1 Segundo! Del Norte station was not included as a station in the original Metro Grew Lim project and was not funded nor environmentally cleared_ At the request of the H Segundo Employers' Association, the LACTC supported the coastcuaron of the station by agreeing to design the Metro Green Line so as not to preclude construction of the additional station. If station construction were to be done, it would have to be financed by a combination of state rail bond finds, private sector contributions, and an infusion of FTA funds. The MTA has no alternative plans to fund the station nor have any formal funding commitments been made. The project preliminary engineering pie, as currently structured, is consistent with MTA objectives and will have no impact on the budget. All funds associated with this portion of the project have been allocated from outside funding sourcm MTA responsibilities for this activity will entail the administration of the rail fiord dtawdown, the design work and environmental clearance: The information used from this exercise will deternune the level of funding needed by the turnkey partners. A Memorandum of Understanding LI ' October 26, 1993 MTO_ TP.CMCAL ADVISORY Cow PLANNING AND -FROGRAMUNG COMMriTFsE FINANCE, BUDGET AND EMCMKCY Los Angeles County COMMLTTIM Metropolitan Tk3ROUGI3; FRANKLIN E. WHr= 7rangwrtatton AudwAty FROM: JUDrM A. WV S Nr /ALAN F. PEGG YJ ate West seventh Street SUBJECT= INSTRUCT THE RCC TO BEGIRT PREI.IlV17rTARX Suite Too ENGINEERING FOR THE EL SEGUNDOIDEL NORTE METRO GREEN LINE STATION Los Angel; G goal REC OMMENriATION nr.6syrtq{ Staff recommends the Board of Directors instruct the RCC to begin preliminary engineering wodc on the Metro Green Line 4 Segundo/Del Norte Station. The purpose of this wodc is to accurately determine costs for the construction of the station and provide this information to the City of El Segundo to be used for the El Segundo/Del Norte Station Federal Tttmll ey Demonstrat9.on Project. MTA and RCC activity would be limited to the state and privately funded preliminary engineering work- F-,Vftpl omy 0 CA ► n n The F1 Segundo! Del Norte station was not included as a station in the original Metro Grew Lim project and was not funded nor environmentally cleared_ At the request of the H Segundo Employers' Association, the LACTC supported the coastcuaron of the station by agreeing to design the Metro Green Line so as not to preclude construction of the additional station. If station construction were to be done, it would have to be financed by a combination of state rail bond finds, private sector contributions, and an infusion of FTA funds. The MTA has no alternative plans to fund the station nor have any formal funding commitments been made. The project preliminary engineering pie, as currently structured, is consistent with MTA objectives and will have no impact on the budget. All funds associated with this portion of the project have been allocated from outside funding sourcm MTA responsibilities for this activity will entail the administration of the rail fiord dtawdown, the design work and environmental clearance: The information used from this exercise will deternune the level of funding needed by the turnkey partners. A Memorandum of Understanding LI ' . U-,&U-.7U . 0-44L J1 I JVUin OAT AJ(kA Ita- J1 UJLG5y211.YF18 /2U Planning and programming Committee - 10/14/93 meeting El Scgundo /Del Norte Metro Green Line Station page 2 (MOU) between the City of El Segundo and the MTA for the direction and responsibility of this phase is under preparation by staff. The City of Fl Segundo and the various private sector funding partners shall bear responsibility for any preliminary engineering costs in excess of $600,000. .611ZLK The City of El Segundo submitted a Turnkey Federal Transit Agency (FTA) Demonstration Program Application for this project in 1992. The project was accepted as a finalist for turnkey status in 1993. There is currently no funding associated with the turnkey designation_ The LACYC, in support of the station concept, programmed the project in the FY 1991 -1997 Regional Transportation Improvement Program (RIM and in the 1992 State Transportation Improvement Program (STIP). Funds were allocated as follows: EL SEGUNDOIDEL NORTE PROTECT STATE RAIL BOND FUNDS $5.2 Million LOCAL FUNDS (MTA) $1.3 Million OTHER FUNDS (PRIVATE) $4.1 Villion TOTAL $10.6 Million The total for the preliminary engineering phase is $600,000 with the following breakdown: FNVIRONNEMAL/PRELMONARY ENGINEERING -STATE RAIL BOND FUNDS $300,000 AB 2766 (AQMD) GRANT $100,000 OTHER FUNDS (PRIVATE) $200.000 TOTAL $600,000 The private sector contributions are to come from Hughes Aircraft, Northrop Corporation and Killroy Industries for a grand total of $600,000. 030 -- - a -tU -W , a•torm I avUin aar AuerA it %I .i10J215881419/20 Planning and Programming Committee - 10/14 193 meeting El Segundo/Del Norte Metro Green Line Station Page 3 jibe preliminary budget for the station, as identified in the 1991 RTIP, was estimated at $10.6 million of which $1.3 million was identified as MTA contribution, the source of which has not been identified. The RTIP identifies a $4.1 million 'other" local contribution estimated to come from the private sector partners. The $10.6 million estimate is for an austere 'no frills' station. Costs for a standard Green Line station will probably be is the $14-17 million range. The preliminary engineering/design work will establish valid cost estimates to allow the turnkey partners to accurately determine the levels of funding to support this project The environmental work will allow for the use of local and federal funds in the planning and construction of this station. The local (CEQA) funded environmental status of the Green Line will not be impacted by the federal process necessary for this station. The environmental clearance/preliminary engineering process will take between 16 - 1g months. KAREN Z. HEIT DMF=OR, SOUTH BAY AREA TEAM 031 -WUld LIAT AXLA PLAN~ 3103225981. #20/20 El Segundo Metro Green Line j 032 p (SIGNED COMMITMENT BY KILROY INDUSTRIES TO BE SUPPLIED TO COUNCIL PRIOR TO THE APRIL 4, 19951 03 2 A EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Sewer Use Fees and modifications to the City of E1 Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act. RECOMMENDED COUNCIL ACTION: 1. Second reading of ordinance by title only. 2. Adoption of Ordinance regarding Public Sewer Facilities Regulations. BRIEF SUMMARY: At its meeting of December 6, 1994, the City Council received and adopted a report of the City's Wastewater Revenue Program. The report identified the fee structure required by the Federal Government and the Clean Water Act the City is utilizing to recover the cost of sewage treatment at the Hyperion Treatment Plant. The report was subsequently submitted to the State Water Resources Control Board for review and approval. The State approved the City's mandated program with one exception, the City's discount for handicapped and senior citizens (see attached letter). In addition, City Staff and Robert Bein, William Frost and Associates (RBF) have reviewed the Annual Quality Surcharge Fee and determined that it requires updating. Since both these issues are related to the Wastewater Revenue Program, Staff is requesting the Council hear all the issues at one time. continued on next page...... ATTACHED SUPPORTING DOCUMENTS: Letter dated January 11, 1995 from the State Water Resources Control Board. City Attorney letter dated March 10, 1995. Resolution No. 3828. Ordinance. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: E M0.1:01A _Capital Improvement Budget: Yes No - 1 of 3 - Date: Date: 0 O PW -CON 413 034 BRIEF SUMMARY: (continued) The modifications to the federally mandated Wastewater Revenue Program before the Council at this time consist of: 1. Elimination of existing Senior and Handicapped Discount and implementation of a Low Income Residential Discount. 2. Update Annual Quality Surcharge Fee by revising base Biochemicl Oxygen Demand (BOD) limit to better reflect residential effluent. 1. During its review of the City's Wastewater Revenue Program, the State indicated that federal regulations only allow for low income discounts. The City Attorney's office has reviewed the State's position and determined it to be valid (see attached letter) . The State went on to indicate that federal regulations do authorize low income discounts for residential users. Staff discussed the City's present low income water rate discount criteria with the State and it was determined that the same income criteria could be utilized for both discounts. Staff has prepared the attached Ordinance revising the City's Public Sewer Facilities Regulations to include the addition of a low income residential user discount of fifty percent (50 %). Assuming a typical low income household uses approximately ten (10) billing units of water per month, the monthly savings to the resident would be $ 1.75. (A copy of the current income information, Resolution No. 3828, is attached for information). There will be no impact on regular residential users as the charge will continue to be $ 0.35 per unit of water purchased. 2. Included in the same section of the Municipal Code is a formula for calculating the Annual Quality Surcharge Fee. The Annual Quality Surcharge Fee is a fee charged to industrial waste permit holders to cover increased Hyperion Treatment Plant charges for possessing industrial waste. RBF has reviewed the formula and determined that an updating of the formula is appropriate. The existing formula is: C = V [ a ( SS - 250 ) + b ( BOD - 230 ) ] K where... "C" is the quality surcharge fee; "V" is the average daily volume discharged in gallons; "SS" is the concentration of suspended solids in milligrams per liter; "BOD" is the five (5) day biochemical oxygen demand in milligrams per liter; "a" is the cost assessed for each pound of suspended solids; "b" is the cost assessed for each pound of biochemical oxygen demand; "k" is 365 x 8.34 / 1,000,000, a dimensional constant to convert C to dollars. - 2 of 3 - 035 Brief Summary: (continued) RBF has reviewed the physical characteristics of typical non- industrial sewage from the City and determined that the 230 threshold for BOD is too high. They propose that a limit of 180 more accurately represents residential sewage from E1 Segundo. The new formula after the proposed changes is: C = V [ 0.29 ( SS - 250 ) + 0.11 ( BOD - 180 ) ] K As stated in the original December 6, 1994 report, the Annual Quality Surcharge Fee is presently not being collected. Consequently, the impact to businesses paying the fee will be for the entire revised fee. Review of existing information indicates that the financial impacts to the effected businesses will range from a few dollars to $ 168,742.72 per year. The reduction of the BOD limit from 230 to 180 must be done by ordinance. The previously discussed ordinance also includes a revised Section 7.20.130 for this purpose. Staff recommends the Council adopt the ordinance. - 3 of 3 - PW -CON 413 (3/29/95) 036 .7INIC 1f\MI CM nCJVVnL,LJ VVI\In VL DVMnV DIVISION OF CLEAN WATER PROGRAMS •�\ 2014 T STREET SUITE 130 — - •i' P 0 BOX 944212 SACRAMENTO CA 94244 2120 1 (916) 227.4489 J }� (916) 227 -4349 FAX RECEIVr_ '114 JAN 16 1995 V. �"� JAN 1 1 1995 C11Y d1ANAGER'S OFFICE Mr. James Morrison ' S City Manager U V City of El Segundo mot 350 Main Street t \ El Segundo, CA 90245 ` �d f `Y Dear Mr. Morrison: REVENUE PROGRAM AND SEWER USE ORDINANCE APPROVAL — CITY OF EL SEGUNDO (CITY), CITY OF LOS ANGELES CLEAN WATER GRANT PROJECTS NOS. C-06-0667-01;C-06-0896-01,-10,-11, C-06-1036-160.-32,-55,-56,-58,-69; C -06- 1146 -11: C -06- 1147 -11; C -06- 1203 -10; C -06- 1204 -10; C -06- 1205 -10, -11, -12;C-06-1227-11.-32;C-06-2417-01,-10.-11,-12, -11-211,42,42,41.42, -43, -44, -61, -62, -63, -65, -66, -67, -71 The revenue program and sewer use ordinance submitted with your letter of December 13, 1994, are approved, with one exception, for compliance with Clean Water Grant Program requirements. The City's request to fully implement the proposed user charge system and quality surcharge fees on or before January 1, 1996, Is approved. The one exception noted in the revenue program is the provision of Chapter 7.28 to Title 7 of the El Segundo Municipal Code. The item titled "Discount' states: "The senior citizen and handicapped discount shall meet the identical criteria included in the water rate resolution and will be equal to 50% of the monthly charges for sewer use." Section 35.2140(1) of 40 CFR allows discount sewer rates only for low income residential users. 35.21400) Low Income residential user rates. (1) Grantees may establish lower user charge rates for low Income residential users after providing for public notice and hearing. A low income residential user is any residence with a household Income below the Federal poverty level as defined in 45 CFR 1060.2 or any residence designated as low income under state law or regulation. 037 Mr. James Morrison . 2 - 1 � r (2) Any lower user charge rate for low income residential users must be defined as a uniform percentage of the user charge rate charged other residential users. (3) The costs of any user charge reductions afforded a low income residential class must be proportionately absorbed by all other user classes. The total revenue for operation and maintenance (including equipment replacement) of the facilities must not be reduced as a result of establishing a low Income residential user class. When the revenue program Is fully implemented, on or before January 1, 1996, the municipal code must also be amended to reflect the provisions 40 CFR 35.2140111. Please send me a copy of the amended municipal code when the requested changes are made. Upon completion of grant funded projects, Implementation and maintenance of a revenue program becomes a condition of the grant. The City's user charge system and sewer use ordinance must be implemented for the useful life of the facilities. The California State Water Resources Control Board, Division of Clean Water Programs, must be notified when either of these ordinanceslresolutions are changed. In addition, the City must maintain records necessary to document compliance with these requirements. If you have any questions about this letter, please contact me at (916) 227 -4489. Sincerely, )240�, Ronald R. Blair Revenue Program Specialist cc: Mr. Clarence Tenley Environmental Protection Agency Region 9 (W -2) 75 Hawthorne Street San Francisco, CA 94103 038 VENTURA COLINTT OFFICE 2310 PONDEROSA DRIVE SLATE 1 CAMARILLO CALIFORNIA 63010 18061 067 3466 ORANGE COINTW OFFICE 3200 PARK CENTER DRIVE SLATE 760 COSTA MESA. CALIFORNIA 62020 1714J 546 6660 Mr. Ed Schroder Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 Re: Sewer Fees Dear Ed: LAW OFFILES BURKEI_WILLIANIS & SORENSEN 011 WEST SIXTH STREET. SUITE 2500 LOS ANGELES CALIFORNIA 900_17 12131 2360600 TELECOPIER 121312362700 March 10, 1995 FRESNO OFFICE 7106 NORTH FRESNO STREET SUITE 001 FRESNO. CALIFORNIA 63720 2536 12061 20 1 -0163 SLINK[ WLUAMS SORENSEN 6 GAAR LIGHTON PLAZA LLEGE R E C E I V E tY COSNTE 220 SOULEVARD OVERLAND PARIS. KANSAS 00210 (9131 336 0200 13 1995 WRITER S OIRECT DIAL 212 230 2039 Public Works De Dartmg& FILE NO 00111402 I have reviewed the letter from Ron Blair of the State Water Resources Control Board dated January 11, 1995 regarding El Segundo's sewer use revenue program and the applicable provisions of Federal law on grant programs and sewer revenues. Mr. Blair is correct in noting that the Code of Federal Regulations only provides for discounted sewer service rates for low income residential users. (40 CFR 35.2140ri).) Accordingly, for El Segundo to bring its sewer revenue program into conformity with Federal regulations, El Segundo needs to delete the discounts for senior and handicapped citizens. El Segundo may provide for low income user discounts but there is no requirement that El Segundo do so. Please feel free to call if you have any questions. cc: Jim Morrison Leland C. Dolley LAX2 122525 1 Sincerely, 14�4 JEFF GHTLINGER 039 RESOLUTION NO. 3828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLU- TION 3397, SECTION 3(B) (2) INCREASING THE AMOUNT OF ADJUSTED GROSS INCOME FOR ELIGI- BILITY FOR WATER LIFELINE RATES. WHEREAS, Chapter 14.04.060 of the E1 Segundo Municipal Code fixes, authorizes rates and charges for water services to be fixed and established by resolution; and WHEREAS, Council Resolution 3397 fixing and establishing water rates was adopted by the City Council on July 9, 1986; and WHEREAS, Council Resolution 3464 increased the amount of adjusted gross income for eligibility of elderly and disabled persons for reduced water lifeline rates, in April of 1987. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. City Council Resolution No. 3464 Is hereby rescinded. SECTION 2. Section 3 (B) of Resolution No. 3397 is hereby amended to read as follows: B. Water Lifeline Rate - Aoalication. The water lifeline rate shall be made available to any resident, upon applica- tion for such discount, who meets the following require- ments: (1) Applicant must be a resident and user of the water service at the address specified on the application and service must be in the name of the applicant; (2) Applicant's combined adjusted gross income (as used for purposes of the California personal income tax law) of all members of the household in which they reside may not exceed the amount in the following table based upon family size for the prior calendar year: Maximum Adlusted Gross Annual Income For Lifeline Eliaibilitv Family size 1 -2 3 4 5 ea. add. Adj. Gross Inc. $ 15,300 $ 17,900 $ 21,500 1 $ 25,100 add $3,600 (3) The water meter must be for residential use and shall be limited to one inch or smaller size; (4) A person shall be deemed permanently disabled if the person receives permanent disability insurance from the U.S. Social Security Administration, holds a valid certificate from the Department of Motor Vehicles indicating a handicap, or furnishes a statement signed by a licensed physician attesting to the permanent disability; (5) Applications for lifeline rates shall be renewed on an annual basis. Renewal applications shall be accepted by the Director of Finance from April 1 through April 30 of each year. r,40 SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 17th day o_f,,AUgusth 1993. ATTEST: h � C' .y Cle c SEAL) Approved as to form ri�' -61 CN6,1L I _Leland C. Doil y, 7 City Attorney Mayor o e City of E1 Segurldo, California i1 41 ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING SECTIONS 7.20.130 AND 7.28.080 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PUBLIC SEWER FACILITIES REGULATIONS SECTION 1. Section 7.20.130, "Annual Quality Surcharge Fee" is hereby amended to read as follows: 7.20.130 ANNUAL QUALITY SURCHARGE FEE. 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 (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 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 is a dimensional constant to convert C to dollars. - 1 of 2 - 042 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 establishing the quality surcharge fee. SECTION 2. Section 7.28.080, "Application for Exemption" is hereby amended to read as follows: 7.28.080 APPLICATION FOR EXEMPTION. 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. 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. SECTION 3. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION {. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall cause to be posted the same in three public places in the City of E1 Segundo. PASSED, APPROVED AND ADOPTED this 4th day of April , 1995. ATTESTED: Cindy Mortesen City Clerk (SEAL) AP ROVED AS TO FORM: td�land C. Dol City Attorney Carl Jacobson, of the City of California - 2 of 2 - Mayor E1 Segundo, ORDCON 413 (3/10/95) 043 EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Agreement with Meyer, Mohaddes Associates, Inc. for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program ($29,860)and possible purchase of traffic modelling software ($ 7,500). RECOMMENDED COUNCIL ACTION: Approve agreement. Authorize the Mayor to execute the agreement on behalf of the City. BRIEF SUMMARY: On 12/6/94, the City Council approved a request for proposals and authorized Staff to solicit proposals from professional engineering firms to perform a traffic impact mitigation fee program. Staff received the following proposals which were reviewed by the Public Works and the Planning and Building Safety Departments. The proposals are ranked as follows: 1. Meyer, Mohaddes Associates $ 29,860 2. Robert Rahn & Associates $ 28,720 3. Hartzog & Crabill $ 28,040 4. REP & Associates Declined to submit proposal 5. Boyle Engineering Declined to submit proposal Staff recommends retaining Meyer Mohaddes Associates, Inc. for providing the engineering services for development of a traffic mitigation fee program as requested by the City. Their proposal was the most expensive of the three received, however based on the combination of demonstrated expertise, experience and cost, staff ranked them the highest. Meyer, Mohaddes has previous experience in similar studies and have extensive experience in the South Bay. They are currently retained by the Metropolitan Transportation Authority for providing traffic /transportation engineering services for several projects. Included in the authorization to solicit proposals, Council directed staff to include in the proposal a request for information concerning computerized traffic models. The Meyer, Mohaddes proposal includes an option to purchase the software necessary to operate a model. The program would be the same one used by the consultant in development of the fee program. This will allow the City ability to modify parameters and rerun the traffic modelling program under different scenarios. Should the Council desire to purchase the software an additional appropriation of $ 7,500 from unallocated General Fund Reserves would be required. The City Attorney has approved the format of the proposed agreement. ATTACHED SUPPORTING DOCUMENTS: Proposed agreement with Scope of Services. FISCAL IMPACT: Operating Budget: Yes Amount Requested: S 29.860.00 Project /Account Budget: S 30,000.00 Project /Account Balance: S 30,000.00 Date: 3/21/45 Account Number: 001- 400 - 4101 -6206 Project Phase: Agreement for consultant services Appropriation Required: No ACTION Date: Date: PW -CON 470 044 AGREEMENT 1111-19 CONSULTANT SERVICES THIS AGREEMENT ( "Agreement "), made and entered into this day of , 19 , between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and, MEYER, MOHADDES ASSOCIATES, INC., hereinafter referred to as "Consultant ". The parties hereto mutually agree as follows: SECTION 1. RECITALS. This agreement is made and entered into with respect to the following facts: a. That the City is desirous of obtaining the services of a qualified consulting service to perform a traffic impact analysis to develop a traffic impact mitigation fee program; and b. That the City has sought and considered proposals by various persons to perform such services; and C. That Consultant has been selected by the City as the most qualified to provide such services and Consultant has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and d. That the legislative body of the City has determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. SERVICES. Consultant agrees to and shall perform all work required and reasonably necessary in order to provide the services ( "Services ") to the City as set forth in the scope of services, attached hereto and incorporated herein by this reference. The Services to be provided hereunder shall be performed in accordance with the terms of this Agreement. 1 EM SECTION 3. TIME FOR SERVICES TO BE RENDERED. Consultant shall complete the Services required under this Agreement according to the schedule set forth in Scope of Work, attached hereto and incorporated herein by this reference. SECTION 4. TE This Agreement shall commence on May 1, 1995, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 2, 1995. SECTION 5. PERFORMANCE. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. Consultant's performance under this Agreement shall be continuously evaluated by Director of Public Works of the City ( "Director ") or his or her designee. Consultant shall be notified in writing of any deficiency in a timely manner. Consultant shall have fifteen (15) consecutive businesses days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director of his or her designee. SECTION 6. EXTRA SERVICES. No extra services shall be rendered by Consultant under this Agreement unless such extra services first shall have been authorized in writing by the City. SECTION 7. REDESIGN. If the lowest bid for construction of this project exceeds the Consultant's mutually agreed upon final estimate of probable construction cost by more than ten percent (10 %), Consultant may be required by the City to modify the plans, specifications and contract documents at no cost to the City to permit receiving bids equal to or less than the final estimate of probable construction cost. Bids must be received within six (6) months from the date of submittal of the final estimate to the City. The date of the final approval of plans and specifications by the City shall be the date of the estimate. SECTION S. CITY SUPERVISION. The Director of Public Works of the City, or his or her designee, shall have the right of general supervision of all work performed by Consultant and shall be the City's agent with respect to obtaining Consultant's compliance hereunder. The Director or his or her designee shall at all times have access to the Consultant's work for the purposes of inspecting the same and determining that the work is being performed in accordance with the terms of the Agreement. 2 MM SECTION 9. COMPENSATION. The City agrees to compensate Consultant for its Services in the amounts as provided in the fee schedule set forth in Exhibit C, attached hereto and incorporated herein by this reference. The total compensation to be paid by City to Consultant shall not exceed $ 29,860.00 for the total term of the Agreement, including reimbursable expenses, unless additional payment is approved by the City Council. Consultant shall submit invoices monthly, in duplicate, for actual services performed. The invoices shall include supporting documentation such as detail of employee classifications and hours worked, receipts for reimbursable expenses billed to City and additional support information as City may reasonably require. The City shall review each invoice submitted by the Consultant to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement. All invoices shall be approved or returned to Consultant for correction. The City shall pay ninety -five percent (95 %) of the amount of the invoice, except the final invoice, within thirty (30) days following approval of each invoice by the City. The five percent (5 %) of each invoice amount retained by the City shall be included in the final invoice and paid upon satisfactory completion of all the services required under this Agreement. SECTION 10. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by service upon the Consultant at least thirty (30) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Upon receipt of such notice, the Consultant shall immediately prepare and serve upon the City an invoice covering all outstanding fees or other claimed compensation. Within thirty (30) days after approval of said invoice, the City shall cause payment to the Consultant the amount so approved, or the City shall provide the Consultant with a written statement objecting to the charge. For incomplete tasks in progress as of the date of the giving of notice of termination by the City, Consultant shall be compensated for actual costs and work performed as of the effective date of such notice. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. 3 047 SECTION 11. BREACH OF CONTRACT In the event that Consultant is in default under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Public Works of the City Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. If the Director or his or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. SECTION 12. OWNERSHIP OF DOCUMENTS. All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Upon termination of this Agreement, Consultant shall turn over to City all original papers, drawings, Consultant under this Agreement. SECTION 13. OWNERSHIP OF MATERIALS. All reports, documents, floppy discs, diskettes or other materials developed or discovered by Consultant during the course of this Agreement shall be solely the property of the City without restriction or limitation on City's use. SECTION 14. CONFIDENTIALITY. Consultant shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the City and /or any affiliated organization, without the written consent of the City. 4 M. SECTION 15. PUBLICATION. Publication, teaching or reproduction by Consultant of information directly derived from work performed or date obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by City. SECTION 16. EXAMINATION OF RECORDS. Consultant agrees that any duly authorized representative of City shall have access to and the right to examine any pertinent books, documents, papers, and accounting records of Consultant which pertain to transactions under this Agreement for a period of three (3) years after expiration of this Agreement. SECTION 17. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as expressly set forth in this Agreement. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation of or indemnification to Consultant for injury or sickness arising out of performing services hereunder. SECTION 18. LEGAL RESPONSIBILITIES. The Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law, including, but not limited to, an E1 Segundo Business license. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the Consultant or in any way affect the performance of the services pursuant to this Agreement. The Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the City for employees designated to the City to be used on this project prior to the execution of this Agreement. 049 SECTION 19. EQUAL OPPORTUNITY CLAUSE. Consultant and its sub - consultants shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88 -352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order. SECTION 20. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. S 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Govern- ment impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys, fees, incurred by the City in connection therewith. SECTION 21. NOTICE Whenever it shall be necessary for either party to serve notice on the other regarding this Agreement, such notice shall be served by personal service or certified mail, postage prepaid, return receipt requested, addressed to the: City of E1 Segundo Public Works of Department 350 Main Street E1 Segundo, California, 90245 TEL (310) 322 -4670 FAR (310) 322 -4167 and the Consultant at: Meyer Mohaddes Associates, Inc. 900 Wilshire Boulevard, Suite 1200 Los Angeles, California 90017 TEL (213) 488 -0345 FAX (213) 488 -9440 050 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served on the day of personal service or seventy -two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. SECTION 22. ASSIGNMENT. The Consultant shall not assign, transfer or subcontract the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. SECTION 23. a. Liability Insurance. The Consultant shall, prior to the effective date of this Agreement, secure from a company or companies authorized to do business in the State of California, or which is acceptable to City Risk Manager, pay for, and maintain in full force and effect during the term of this Agreement, a policy or policies of general liability insurance, in the following amounts: comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $ 1,000,000.00 per occurrence; comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000.00 per occurrence; and professional errors and omissions liability insurance in an amount of not less than $1,000,000.00 per occurrence. b. Workers' Compensation Insurance. Prior to the effective date of this Agreement, the Consultant shall file with the City the following signed certification: "I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work." The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation insurance. 051 C. Additional Insured. The City and its respective elected and appointed officers, employees and agents shall be named as additional insured on the comprehensive general and auto liability policies required under this Agreement. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, employees and agents. For any claims related to the services under this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, employees and agents. Any insurance or self- insurance maintained by the City, its officers, employees or agents shall be excess to the Consultant's insurance and shall not contribute with it. d. Insurance Certificates. Prior to the effective date of this Agreement, the Consultant shall file with the City Certificates of Insurance for all insurance policies required under this Agreement. A current Certificate or Certificates shall be maintained on file at all times during the term or extended terms of this Agreement. Each such Certificate shall be subject to approval as to form by the City Attorney of the City. Each such Certificate shall bear an endorsement providing that the policy to which it relates cannot be terminated or materially altered except after thirty (30) days prior notice to the City either by hand delivery to the City or sent by U.S, certified and registered mail. e. Termination for Lack of Required Insurance Coverage. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, all required insurance and coverage, the City may obtain such coverage at Consultant's expense, and deduct the cost thereof from sums due Consultant hereunder, and /or terminate this Agreement, forthwith. SECTION 24. INDEMNIFICATION. The Consultant agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgments at law or in equity, or liability of any kind or nature which the City, its elective and appointive boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's intentional or negligent performance under the terms of this Agreement. E 052 SECTION 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Consultant. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION 26. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 27. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. SECTION 28. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. SECTION 29. GOVERNING LAW. This Agreement shall be interpreted and constructed according to the laws of the State of California. SECTION 30. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. SECTION 31. APPROVAL BY CITY COUNCIL. On April 4, 1995, the City Council of the City of E1 Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City. 0 053 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EL SEGUNDO CONSULTANT: By: By: Mayor Carl Jacobson Print /Type Name: Approved as to Form By: Leland Dolley City Attorney Attest: By: Cindy Mortesen City Clerk MYR -MOHA AGR (3123195) 10 054 SCOPE OF SERVICES Task 1 - Review and Summarize Growth Projections The analysis will include proposed development projects which are expected to be built by 2010. For a transportation impact fee, projections are typically made in terms of new housing units and additional square feet of non - residential development. Residential development is usually forecast for several density categories, such as single - family detached housing, single - family attached housing and multi- family housing The non - residential development categories should coincide with those in the IM Trip Generation publication. MMA will review the City's growth forecasts /proposed project data and help to format it as needed for the study. As part of this task, MMA will review the April 1992 Existing Conditions Report, the City's General Plan, and applicable zoning ordinances. It is assumed that City Planning staff will develop the list of projects to be analyzed with guidance from MMA. The RFP indicated that the consultant should consider separate impact fees by zone. During this task and in consultation with the City, we will determine if separate growth projections for small areas are necessary, and if so, will develop them based on the city -wide projections. Task 2 - Develop a City -wide Traffic Model for Impact Fee Study MMA will develop a traffic impact analysis model using the TRAFFIX computer software system TRAFFIX is a traffic impact analysis tool that is used to assess existing intersection operations, assign future vehicle trips due to forecast development projects and track the relative impact of developments at intersections and street segments MMA has successfully developed TRAFFIX models for many cities. The software is cost- effective and can analyze intersections using multiple intersection analysis methodologies including the Intersection Capacity Utilization (ICU) technique, the Critical Movement Analysis (CMA) technique, the Highway Capacity Manual (HCM) delay -based methodology, and also both two -way and four -way stop methodologies. We feel that the "traffic impact" analysis technique using TRAFFIX is the most appropriate method for a city the size of El Segundo The alternative method would be to develop a travel demand model such as those used by LACMTA, the City of Los Angeles and other larger cities This type of model is costlier to develop, requires more staff time to maintain and the software costs are also much higher. For these reasons, and because the traffic impact model approach is more oriented towards specific development project analysis and intersection level of service analysis, we are proposing it for the City of El Segundo It can be readily updated in future years and we would be able to train city staff in its use The initial input to TRAFFIX is intersection peak hour turning movement volumes and intersection/mid- block roadway geometries. We will work with staff at the beginning of the project to ensure that all important intersections and mid -block roadway segments are included We understand that traffic volume data is available for the CMP intersection in the City and possibly for other intersections from previous traffic studies We will utilize such data wherever feasible to reduce the costs of the project. We have assumed that up to ten new intersection AM and PM peak hour turning movement counts will be needed. The model will be used to analyze existing intersection peak hour level of service using the ICU method 055 as used previously in other City studies, or using another method if desired by City staff. The level of service of each intersection (LOS A through F) will be established based on the intersection evaluation. Trips related to proposed new development will be forecast using the Institute of Transportation Engineers (ITE) Trip Generation manual. They will be represented in the traffic model by a series of traffic analysis zones. Trips will be assigned on top of the existing intersection traffic volumes, and intersection levels of service will be reevaluated with the addition of trips from new development. TRAFFIX allows the tracking of trips from each zone through each intersection so that the relative contribution of each zone can be determined for purposes of ultimately estimating relative fair share costs. Intersections which are forecast as deficient according to City guidelines (i e., intersections at LOS E or F) will be highlighted in the report and in tables. Those intersections will be the ones which will be the focus of the subsequent technical analysis, including identification of needed improvements and estimation of improvement costs The TRAFFIX system will provide the City with the ability to easily modify the model to add new development projects as they are proposed for purposes of identifying impacts. Many cities keep similar models running on an on -going basis for the purpose of analyzing traffic impacts of development activity. Task 3 - Analyze Impacts of Alternative Growth Scenarios The growth scenario assumptions developed in Task 1 will be input to the TRAFFIX model The model will be run for each scenario and results will be documented and compared. The types of data to be generated for each run include the following. • Number of trips by land use type (daily, AM peak, PM peak), taking into consideration the potential impacts of the Green Line on local trip generation patterns • Intersection V/C ratios and levels of service, compared to existing. • Number of intersections which move to LOS E or F • Mid -block traffic volume percentage increases due to new development at selected key arterial locations. Already planned improvements will be incorporated into the analysis. Task 4 - Review/Update List of Circulation Improvements and Costs The City's Capital Improvement Program will be reviewed by MMA. The effectiveness of the CIP to reduce impacts of development will be tested by running the TRAFFIX model with the CIP improvements coded in the network. It is likely that new or alternative improvements will be desired since the CIP does not anticipate all future growth. MMA will meet with City Planning and Engineering staff and, based on TRAFFIX model run results, develop a list of additional improvements to be included and tested These may include intersection improvements (turn lanes, through lanes, signal improvements), mid -block roadway improvements, transit infrastructure and other appropriate improvements. Task 5 - Allocate Costs to Existing Funding Sources and New Development 056 In this task we will allocate the cost of the transportation facilities developed in the previous task to new and existing development based on relative benefits received Essentially, this task will result in a maximum allowable cost that can be imposed on new development through an impact fee. Any remaining improvement costs will have to be funded by other sources. For this purpose we will allocate improvements and their costs into the following three categories: • Improvements necessary to accommodate new development based on maintenance of existing levels of service. • Improvements needed to solve existing deficiencies in areas with levels of service currently below standard as established by City policy. • Improvements that would result in improving levels of service over existing levels. The cost of improvements in the first category may be fully allocated to new development through an impact fee Improvements in the second category must be funded by funding sources besides impact fees because these costs are not the sole responsibility of new development Funding of improvements in the third category can be shared between impact fees and alternate sources to the extent that both new and existing development benefit from the higher levels of service. Based on our experience with similar studies, it is not unusual that all planned improvements are needed to accommodate new development because current levels of service still decrease by the horizon year (2010 in this study) even with those improvements in place Nonetheless, this task is critical for documenting an impact fee that can withstand legal challenge by demonstrating that new development will be funding only those new facilities necessary to accommodate it. Task 6 - Calculate Impact Fee and Identify Alternative Funding Sources In this task we will estimate the maximum allowable impact fee on new development based on the allocation of costs conducted in the previous task In addition, we will identify alternative funding sources that could be used in conjunction with an impact fee. We will draw from our experience in similar studies to consider all potential funding sources, including federal funds through ISTEA legislation, state gas tax funds and local sales tax funds Our experience working with the Los Angeles County Metropolitan Transportation Authority to develop a regional transportation financing plan will be helpful because of the potential applicability of funding sources identified in that study to local jurisdictions. Coordination with the county -wide study is discussed further below Task 7 - Policy Issues Once a preliminary impact fee has been calculated and alternative funding sources have been identified, we will present and discuss several policy options and seek guidance from the City. The types of issues that we will need to address include: Use of Alternative Funding Sources - The City may want to use alternative funding sources to reduce the maximum allowable impact fee while still funding all the improvements required to accommodate new 0 5? development. Another option to be discussed here is the use of alternative funding sources to remedy any existing deficiencies identified in Task 5 Small Area Fees - Per the RFP, we will consider the option of establishing separate impact fees for different areas (zones) of the City. For example, significant growth may be anticipated in one area, and certain improvements may be needed to specifically accommodate that growth. In this case a stronger nexus can be documented by imposing a separate fee in that area to fund those improvements in addition to a fee for city-wide improvements. The disadvantage of this approach is the complexity of administering a fee that varies from one area to another. Furthermore, the uncertainties associated with traffic modeling often make it difficult to connect the need for specific improvements with particular areas of growth for small geographical areas of analysis. We will present the advantages and disadvantages of a small area breakdown to the City for consideration. Fee Discounts and Exemptions - To accomplish other policy objectives it is not unusual for a city to consider fee discounts and exemptions that reduce the amount of the impact fee for particular land uses. For example, some city ordinances specifically identify "beneficial impacts" generated by "supermarkets and pedestrian- oriented uses on the ground floor of a multi -story building" and mandate that these uses receive a reduction from the impact fee. However, the City must be careful not to allow part of the City's new development to contribute less than its fair share to the impact fee program, thereby undermining the nexus established in the fee documentation To promote these "beneficial" uses, we will discuss options with the City such as allocating funds from alternative sources to subsidize impact fees in these cases Task 8 - Coordination with County -wide Efforts In this task we will coordinate the City's impact fee program with county-wide efforts, including the County's Congestion Management Plan. The impact of trips generated by new development outside of the City will need to be examined. To the extent that these trips are regional and their impacts should be included in a county -wide plan, we will consider sharing the costs with county-wide funding sources. This may require, for example, that new development in El Segundo receive a credit against any new county -wide transportation impact fee to the extent that the City's fee program includes improvements with regional benefits Alternately, the City could request that an improvement with regional benefits be funded from county-wide sources. Our previous work with the Los Angeles Metropolitan Transportation Authority to develop a county -wide plan will be of great assistance in the efficient completion of this task. We will obtain data, as available, from LACMTA, Caltrans and /or SCAG models to identify regional through traffic on Sepulveda, El Segundo and other City arterials. Task 9 - Report/Recommendations A preliminary report will be prepared for City review which will include a description of methodology, findings and recommendations focusing on the proposed impact fee and nexus with new development. Development land uses and trip generation will be carefully documented along with the list of CIP projects Policy issues will be included with options clearly explained Following receipt of City comments on the preliminary report, MMA will prepare a final draft for circulation which incorporates the comments Responses to public comments will either be provided as separate responses to be attached to the final report or included in the body of the final report depending 058 upon the needs of the City. Our budget includes up to 20 hours staff time to revise the initial draft report. Additional time required to respond to City or public comments will be provided on a time -and- materials basis over and above our proposed budget. Task 10 - Meetings Our budget includes MMA attendance at up to 3 staff level meetings and up to 2 public meetings. Additional meetings will be provided on a time - and - materials basis at the request of the City. 059 PROJECT SCHEDULE Based on the requirements of the RFP and our experience with similar studies, MMA proposes the following schedule for preparation of the study. The schedule can be finalized with input from staff to allow sufficient time for review and allow completion within the City's timeframe. Work Product /Milestone Written authorization to proceed and initiation meeting Review and reach consensus on growth projections Complete TRAFFIX traffic impact model Complete initial TRAFFIX runs Revise CIP list and rerun model with future network Calculate fee and identify funding sources Deliver first draft of report Revise draft report and deliver final report Staff level meetings Public meetings Estimated Date May t Mid -May Beginning of July End of July August August September 5 End of September, Based on time required for City review Throughout Following submittal of public draft 1.1 0 0 0 0 0 0 0 0 0 0 20 N N O O tD O m O O O O O O O O O O O O O N 2O 01 m N o o m T N r b 01 ��..22 T T r H W N 4"o HHY/60), NN N V N col N N a Y T N V NN N pp O/ 121 ri H n N N N N V NI M 0000000000 O H H H N O w N N O N G 40 H W O O O O a N O O ON OI N W 0000000 M O � � o O O W N a N O n O 0 w t` n r` N O N O H H N H H � a 403, N O O O N N N O O t01 O r f0 A It T r T r N N m cc A 0 N x LL U. ir F- 061 M O � � o ,� n M co COD V) h N � a U H H O H H N H N N T G c r H n. 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Mu • • • > • O • �m on 40 a • • y • • « L i a g a 12 1 L O w c j• A> I c 9 A li O 11.3 M + > OIL • Y~> V L ct M« W• ac ■•c«•• ••«LOCrc« c■ P a c « Y e a•• ♦« d■ri q. Y Y• � I y ^�• ■Y.lY IMr aai °.oe�l•.ii: v�u r c, , Z 6b LO T- H o L■ r• L r L • a < u o+•LU°°+ s• z {1 I LL L H L II u I Z Hr CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 03/10195 THROUGH 03/24/95 Date Payee Amount 03/10/95 WBMWD 538100 81 03/13/95 IRS 127,748 05 03/15/95 Emp Dev Dept 23,764 87 Total by Wire $151,512 92 Description January 1995 purchase Federal Payroll Taxes P/R # 19 State Payroll Taxes FIR # 19 DATE OF RATIFIACTION: 04/04/95 TOTAL PAYMENTS BY WIRE- Certified as to the accuracy of the wre transfers by City Treasurer ! Date � Director of Finance Date City Manager Date Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo 065 r DRAFT N1314UM OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 21, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5:00 P.M PLEDGE OF ALLEGIANCE - Councilwoman Jane Fnedkin ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present arrived at 5.15 P M Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business On] vl - 5 minute limit per person, 30 minute limit total) No individuals addressed Council CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et seMc) 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 City of Los Angeles v City of El Segundo, Case No BC 034185 2 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865 3 Kilroy Airport Imperial Co et al v City of El Segundo, Case No 2 Civ B 058553 4 OMA v City of El Segundo, Case No BX 026465 5 Summerfield tax litigation, Case No BC 106640 6 Chaffin y of El Segundo, USDC Case No CV94 4444AWT(BQRx) 7 Harrison vs City of El Segundo et al, USDC Case No CV94- 8264DT (BQRx) 8 Vivian v City of El Segundo, Case No BC 122791 9 John Turner v City of El Segundo, LASC Case No TC 007934 10 Eloisa and Paul Medina v City of El Segundo, Case No. SC034742 11 An Tran v City of El Segundo, Claim Nos 94 -08; 94 -21 12 Danny Dye v City of El Segundo, WCAB Case # Unassigned, Claim #92- 0200 -0055 Claims Re Rain Damage 13 Octabio Ramirez v City of El Segundo, Claim No 95 -02 14 Federico Ramirez v City of El Segundo, Claim No 95 -04 15 John Peters v City of El Segundo, Claim No 95 -04 16 A J Neil v City of El Segundo, Claim No 95 -06 17 Bill and Jean Bue v City of El Segundo, Claim No 95 -09 18 Jon Prescott v City of El Segundo, Claim No 95 -11 19 Ed and Susan Ash v. City of El Segundo, Claim No 95 -12 20 T L. Douglas Co v City of El Segundo, Claim No 95 -13 21 Tnwell Properties Inc v City of El Segundo, Claim No 95 -14 iii l ' A gio 22 Bob's Antiques (Bob Rinebold) v City of El Segundo, Claim No. 95 -15 23 Cole Industries v. City of El Segundo, Claim No 95 -16 24 Jack Siadek v City of El Segundo, Claim No. 95 -17 25 Clemens and Kozloski v. City of El Segundo, Claim No 95 -18 26 Lester McIntosh v City of El Segundo, Claim No 95 -19 27 Clayton Blank v City of E1 Segundo, Claim No 95 -22 28 ESE v City of El Segundo, Claim No 95 -23 29 Pacific Science v City of El Segundo, Claim No. 95 -24 30 Challenge Noble Inc. v City of El Segundo, Claim No 95 -28 31 Edward Mowad v City of El Segundo, Claim No 95 -30 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956.9(b): 7 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c). 3 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) 1 Matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TARN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) No individuals addressed Council ADJOURNMENT at 10 55 P.M C dy Mortesen, City Clerk 2 �G�i DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MARCH 21, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 05 P M. INVOCATION - Clerk Cindy Mortesen PLEDGE OF ALLEGIANCE - Councilwoman Fnedkin PRESENTATIONS - 1. Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Victoria Dante - Administrative Secretary/Planning & Building Safety Department Susan McIlroy - Office Specialist II/Economic Development Department Hyrum Fedle, Director of Planning & Building Safety introduced Victoria Dante, and Jim Hansen, Economic Development introduced Susan McIlroy 2 Presentation by the American Cancer Society honoring the City of El Segundo and the El Segundo Chamber of Commerce for their efforts and support of Daffodil Days held on March 20, 1995 Bob Cone, Chairman of the Daffochl Program, of the American Cancer Society made a brief presentation to Mayor Jacobson, and Nancy Cobb of the Chamber of Commerce 3 Proclamation declaring the week of March 19 -25 as Poison Prevention Week in the City of El Segundo and urging the importance of blood lead tests Fire Chief Jake Nielson of the El Segundo Fire Department received the Proclamation from Councilman Robbins ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total)Nme (9) individuals addressed Council 1 Dorothy Kent, 909 Dune, Thanked Council for the progress on the landscaping at Hyperion, and requested the overflights be published on cable and/or the newspaper 2 Wendy Jones, 321 E Sycamore, requested Councilman Robbins items be brought forward on the agenda She further expressed her concern with the partial scramble on the adult channels Mayor Jacobson stated that Paragon would put a trap on any cable free of charge 3 Ted Dickton, 648 W Walnut, agreed with the censoring of the adult channels 4 Discussion by Lon Duston, and Hugh Greenup, Kilroy Industries, and Don Camph of the El Segundo Employers Association of City support for the proposed El Segundo Del Norte Station and funding of the project with request that Council i . ( 068 approve a Memorandum of Understanding between the MIA and City for preliminary design of the Station Mayor Jacobson, and Councilman Robbins not - participating on this item MOVED by Councilman Switz to not provide the $35,000 portion and to review the MOU and make a decision at the next meeting MOTION WITIIDRAWN 5 Liz Gamholtz, resident, does not want any government monies used as an experiment. 6 Nancy Cobb, Chamber of Commerce, urged the Council to support the station and feels it will attract business 7 Resident, questioned if there would be enough jobs to support an extra station Mayor Jacobson and Councilman Robbins rejoined the discussion 8 Bill Campbell, McCarthy Ct. spoke regarding the schools request for a longer speaking period and expressed his concerns with not granting it. 9 J Wilson Resident, asked if we have statistics on the proposed ridership for the green line Kilroy discussion continued Mayor Jacobson, and Councilman Robbins not participating MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to not endorse the MOU MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; COUNCILMAN SWrIZ, AND COUNCILWOMAN FRIEDKINN NOES: MAYOR PROTEM WESTON, NOT - PARTICIPATING; MAYOR JACOBSON, AND COUNCILMAN ROBBINS 2/1/2 COUNCILMAN ROBBINS ITEM #1 TAKEN OUT OF ORDER 1. Unscramble Cable Television Broadcasts of Adult Entertainment Councilman Robbins stated that parents must be made aware of the problem and something be done to protect individual rights Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints; and CONSENT AGENDA TAKEN OUT OF ORDER 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 City Attorney Lee Dolley stated that Councilman Robbins has a possible conflict of interest on item number 10, and should not participate. 1 Warrant Numbers 217655- 217814 on Demand Register Summary Number 34 in total amount of $10,245,283 27 2. Warrant Numbers 217815- 217997 on Demand Register Summary Number 35 in total amount of $833,768 73, and Wire Transfers in the amount of $137,436 62 3 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 2 069 DRAFT 4 Pesentation of the City's Annual Financial Reports on the Proposition A Local Return Fund, the Proposition C Local Return Fund, and the Transportation Development Act Fund, for the fiscal years ended June30, 1993 and 1994. 5 Request from El Segundo Cub Scouts for Approval of Annual Soap Box Derby, July 22, 1995, for Youth Organizations. Fiscal Impact $315 00. 6 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 7 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8 Approve Bingo License Application for the charitable organization, El Segundo Auxiliary of Children's Hospital to be held at Joslyn Center - Recreation Park on Thursday, March 30, 1995 9 Submittal of a grant application for the California State Library's program "Poets in Person " Fiscal Impact - $1,050 in revenues, expenses - $1,050 10 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 11 Resolution No 3914, modifying parking restrictions on Maple Avenue, west of Hillcrest Street 12 Authorization to solicit bids for lease of FY 1995 -96 Groundwater Pumping Rights in West Coast Basin 13 Metropolitan Transportation Authority (MIA) Fiscal Years 1995 -96 through 1998 -99 Transportation Program call for project grant applications MOVED by Councilman Swtiz SECONDED by Councilwoman Fnedkm to approve Consent Agenda items 1, 2, 4, 5, 8, 9, 11, 12, and 13 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 A. PROCEDURAL MOTIONS 1 Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Councilman Robbins SECONDED by Councilwoman Friedkm to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B. SPECIAL ORDERS OF BUSINESS - 1 Continued Public Hearing - Consideration of a Resolution to rescind Resolution No 3589, and amendments thereto dated January 5, 1993, in their entirety, and establishing a new Library Services Department Schedule of Fines and Fees, effective April 1, 1995 Mayor Jacobson stated this is the time and place hereto fixed for a continued public hearing on the consideration of a resolution to increase fines and fees for services at the El Segundo Public Library He asked if proper notice of the hearing was done, and if any written communications had been received Clerk Mortesen, stated the notice was done by the City Clerk's Department, and no written communications had been received regarding this matter. NO individuals addressed Council MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkin to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 City Attorney Lee Dolley read the following. RESOLUTION NO 3911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RESCINDING RESOLUTION 3589, AND AMENDMENT THERETO DATED JANUARY 5, 1993, IN THEIR ENTIRETY; AND ESTABLISHING A NEW LIBRARY SERVICES DEPARTMENT SCHEDULE OF FINES AND FEES, EFFECTIVE APRIL 1, 1995. 3 070 DRAFT MOVED by Councilman Switz SECONDED by Councilwoman Friedkm to adopt Resolution No 3911 rebinding Resolution No 3589, and amendments thereto dated January 5, 1993, in their entirety, and establishing a new library Services Department Schedule of Fines and Fees MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTTZ, AND COUNCILWOMAN FRIEDIONN. NOES: COUNCILMAN ROBBINS 4/1 2 An Ordinance of the City of El Segundo, California, adopting the Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III -C, III -D, IV -A, V- A, VI -A, and VI -B, adopting the National Fire Codes, 1992 Edition, Volumes 1 -11, repealing in its entirety Chapter 17.04 of, and adding Chapter 17 04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code Mayor Jacobson stated this is the time and place hereto fixed for a Public Hearing on the adoption of he Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, II -B, III -A, III -B, III -C, III -D, IV -A, V -A, VI -A, and VI -B; adopting the National Fire Codes, 1992 Edition, Volumes 1 -11, repealing in its entirety Chapter 17 04 of, and addmg Chapter 17 04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code. He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that Public Hearing notice was done by the Planning & Building Safety Department, and no written communications had been received regarding this matter MOVED by Councilman Robbins SECONDED by Councilman Switz to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 City Attorney Lee Dolley read the following ORDINANCE NO. 1236 AN ORDINANCE OR THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, INCLUDING APPENDICES I A, I C, 11-11, III -A, III -B, III -C, III -D, IV -A, V -A, VIA, AND VI B THEREOF; ADOPTING THE NATIONAL FIRE CODES, 1992 EDITION VOLUMES 1 -11; REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING CHAPTER 17.04 TO, THE EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO THE FIRE CODE MOVED by Councilwoman Fnedkm SECONDED by Councilman Robbins to adopt Ordinance No 1236, the Uniform Fire Code, 1994 edition, including Appendices I -A, I -C, H -B, III -A, III -B, III- C, III -D, IV -A, V -A, VI -A, and VI -B, adopting the National Fire Codes, 1992 Edition, Volumes 1- 11, repealing in its entirety Chapter 17 04 of, and adding Chapter 17.04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3 Public Hearing regarding changes in Sewer Use Fees and modifications to the City of El Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act Mayor Jacobson stated this is the time and place hereto fixed for a Public Hearing regarding changes in Sewer Use Fees and modifications to the City of El Segundo's Wastewater Revenue Program as required by the Federal Government and Clean Water Act He asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen, stated that notice was done by the Public Works Department and no written communications had been received regarding this matter 1 Annette Latshaw, resident questioned if all discounts to senior citizens were being deleted City Manager Jim Morrison stated that it is mandated by federal law that charges are by flow and 4 071 DR that exemptions are not allowed Mayor Jacobson stated there still is an allowance for low income people who qualify, which may include many senior citizens 2 Nikki Wislocky, resident Requested if the El Segundo Schools will now be charged Sewer Fees City Attorney stated they will have to pay the fees 3 Ted Dickton, resident requested clarification on certain points. MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Lee Dolley read the following ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING SECTIONS 7.20.130 AND 7.28.080 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PUBLIC SEWER FACILITIES REGULATION Councilman Robbins Introduced the Ordinance City Attorney Lee Dolley read the following RESOLUTION NO. 3912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING RESOLUTION 3448 RELATING TO SEWER USE FEES MOVED by Councilman Robbins SECONDED by Councilwoman Friedkm to adopt Resolution No 3912 amending Resolution No 3448 relating to sewer use fees MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - Mayor Jacobson and Councilman Robbins not participating on this item due to a possible conflict of interest 1 Adoption of a resolution consistent with Council direction of February 7, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -349 and Conditional Use Permit 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N. Nash Street. City Attorney Lee Dolley read the followrng- RESOLUTION NO. 3913 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING ENVIRONMENTAL ASSESSMENT EA -349 AND CONDITIONAL USE PERMIT 94 -4 TO ALLOW A POTENTIAL AIR FREIGHT FORWARDING FACILITY IN AN EXISTING WAREHOUSEIOFFICE BUILDING LOCATED AT 605 -607 N. NASH STREET. PETITIONED BY: KATLIN FEUERSTEIN, CARING COMMUNITIES ASSOCIATES. f�� DRAFT MOVED by Councilwoman Friedkm SECONDED by Mayor ProTem Weston to adopt Resolution No. 3913 consistent with Council direction of February 7, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -349 and Conditional Use Permit 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N Nash Street. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTAINING: COUNCILMAN SWIM NOT- PARTICD'ATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 2/0/1/2 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 7, 1995 MOVED by Councilman Robbins SECONDED by Councilman Switz to approve the City Council meeting minutes of March 7, 1995, with the addition of "Avenue" added to page three after Imperial MOTION PASSED BY UNANIMOUS VOICE VOTE 510 6 Request from Los Nmos for Approval of Walk- A -Thon through EI Segundo on June 19, 1995. Fiscal Impact - $0. MOVED by Councilman Robbins SECONDED by Councilman Switz to approve of the Los Nmos Walk- A -Thon, with the direction that all residents effected be informed, and the City Manager to discuss with the group a possible alternative route MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 7 Request for an extension of an Agreement No. 2157 C, Affecting Real Property with Wyle Laboratories to allow the continued deferment of required parking, for 111 Maryland Street, on land that is used as a park, at 220 Maryland Street Request for an amendment to waive the required $35,000 Certificate of Deposit, as previously approved in 1992 MOVED by Councilwoman Fnedkm SECONDED by Councilman Robbins to approve the Request for an extension of an Agreement No 2157 C, Affecting Real Property with Wyle Laboratories to allow the continued deferment of required parking, for 111 Maryland Street, on land that is used as a park, at 220 Maryland Street Request for an amendment to waive the required $35,000 Certificate of Deposit, as previously approved in 1992 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 10 Adopt Plans and Specifications No. PW 94 -14 for the 1994 -95 Slurry Seal of Various Residential Streets (estimated cost - $75,000) Councilman Robbins not participating on this item MOVED by Mayor ProTem weston SECONDED by Councilwoman Friedkin to Adopt Plans and Specifications No PW 94 -14 for the 1994 -95 Slurry Seal of Various Residential Streets (estimated cost - $75,000) MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES; MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ. COUNCILWOMAN FRIEDKIN. NOES; NONE NOT - PARTICIPATING; COUNCILMAN ROBBINS 4/0/1 F. NEW BUSINESS - CITY MANAGER 1e k'I A'A'.]I IL NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS -CITY TREASURER - NONE 6 073 J. NEW BUSINESS AND REPORTS - CITY COUNCILME.MBERS Councilwoman Friedlan - 1 Formation of a new Joint Powers Authority, the South Bay Cities Council of Governments, to facilitate projects of subregional interest City Attorney Lee Dolley read the following RESOLUTION NO. 3915 A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THAT CERTAIN JOIN POWERS AGREEMENT ESTABLISHING A 'SOUTH BAY CITIES COUNCIL OF GOVERNMENTS," AND APPROVING BYLAWS FOR THE SAME MOVED by Councilwoman Fnedkm SECONDED by Mayor ProTem Weston to adopt Resolution No 3915 a formation of a new Joint Powers Authority, the South Bay Cities Council of Governments, to facilitate projects of subregional interest MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN ROBBINS 4/1 Councilman Robbins - 1 Unscramble Cable Television Broadcasts of Adult Entertainment Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints, and 2 Implementation of City -wide CPR training and certification program Item held over to the April 4, 1995 meeting Councilman Switz - Discussed actions on the Planning Commission, Request to agendize Airport Noise matter Mayor ProTem Weston - Discussed Roberts Rules of Order Mayor Jacobson - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION Mayor ProTem Weston stated that a majority of the Council voted to provide to the public certain portions of the document that has been provided by Examen regarding their audit of the City Attorney's Firm He further stated that this document is raw material only. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 1 Nikki Wislocky, resident, spoke regardng Planning Commissioners and Councilmembers speaking from the podium She asked if a Councilmember appeals a decision can he participate on the appeal without a conflict 2 J. Wilson, resident; spoke regarding Robert Rules of Order, Hyperion Committee; and thanked staff for the copies of library fines and fees 3 Annette Latshaw, resident, request to agendize for the April 4, 1995 meeting, rl 07,1 restrictions on the number of licenses to dispense alcohol on Sepulveda Blvd Mayor Jacobson requested she make this request in writing RECESS 9 25 RECONVENE 9 35 1 Lon Duston, and Hugh Greenup of Kilroy again addressed Council regarding the Del Norte Station Mayor Jacobson and Councilman Robbins did not participate Ms Duston gave Council two more alternatives, and requested that they could return at the April 4, 1995 meeting MEMORIAIS - NONE CLOSED SESSION at 9 40 P M The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seMc) 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. Continuation of matters listed on the City Council Agenda for 5 00 p.m, March 21, 1995 under "Closed Session" (if needed) ADJOURNMENT at 10-56 P M to April 4, 1995 at 5 00 P M L,11&,) - ortesen, City Clerk 8 075 EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A Resolution of the City Council of the City of E1 Segundo, California, authorizing the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Local Government Used oil Opportunity Grant. RECOMMENDED COUNCIL ACTION: Adopt Resolution. BRIEF SUMMARY: on February 7, 1995, the City Council authorized Staff to submit and application for a Used Oil Recycling Block Grant. As a result of that application, the City is now eligible to apply for additional funding through the local Government Used Oil Opportunity Grant Program. The Block Grant application submitted in February was to establish one or more certified oil recycling centers in the City. The Opportunity Grant the City is proposing to submit would: 1. Construct, install and maintain a flotation oil boom at Pump Station No. 19 to prevent used oil in the storm water runoff from being discharged into Santa Monica Bay. 2. Register the City Maintenance Facility and two additional private facilities as certified used oil recycling centers. 3. Purchase used oil recycling containers and distribute them to residents. ATTACHED SUPPORTING DOCUMENTS: 1. Copy of Grant Application. 2. Resolution. FISCAL IMPACT: Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: continued on next page.... Capital Improvement Budget: N/A Date: ORIGINATED: /J Date: / �q Eduard Sc r Director of Public Works REVIEWED Y Date• �- - 1 of 2 - PW -CON 419 1 076 Brief Summary: (continued: 4. Publicize that used oil recycling containers are available from the City. 5. Develop education materials on used oil recycling programs, benefits and how to participate. 6. Distribute educational materials and inform local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc. 7. Develop educational materials for businesses and their employees on used oil recycling programs, benefits and how to participate. As with the previous Block Grant, this Opportunity Grant was brought to the City's attention by Americlean Environmental Services, Inc. They have submitted a proposal outlining the program which is being submitted to the State. Funds requested from the State are as follows: 1. Design, construction and operation of oil boom - $ 32,000 2 Development of additional used oil recycling facilities - $ 63,635 3 Development of educational material - $ 23,300 4 Consultant Services - $ 27,550 5. City Staff oversight - $ 4,800 The Opportunity Grants are awarded on a City is selected, the Grant will fund o the proposed program. The accompanying submittal of the Grant designates the authorized contact person. — 2 of 2 — FW -CON 419 (3/28195) competitive basis. If the on hundred percent (100 %) of resolution authorizing the City Manager as the City's 077 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1994- 95 USED OIL OPPORTUNITY GRANT. WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of E1 Segundo authorize the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Used oil Opportunity Grant. The City Manager is hereby authorized and empowered to execute in the name of the City of El Segundo all necessary application contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4th day of April ,1995. ATTESTED Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Celand C Dolley, ity Attorney PWCON421,RSO (3/24/95) Carl Jacobson, of the City of E1 Segundo, California 078 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT APPLICATION Submitted to the State of California Environmental Protection Agency Integrated Waste Management Board Financial Assistance Branch, Grants Section 8800 Cal Center Drive Sacramento, California 95826 Submitted by the City of El Segundo Department of General Services 350 Main Street El Segundo, CA 90245 -0989 Rey Contact: Jack Hilton General Services Manager (310) 322 -3769 March 28, 1995 ` 0 ?9 State of California EXHIBIT A CaUhrnta Integrated Waste Management Board APPLICATION COVER SHEET 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT C(WM &306 (9/92) CITY OF EL SEGUNDO Name of Applicant 350 Main Street El Segundo 90245-0989 Address City ZIP Ed Schroder Director of Public Works (310) 3224670 Name of Program Director Title Phone Steve Motzsche Finance Director (310) 3224670 Name of Finance Officer Title Phone John W. Hilton General Services Manager (310) 322 -3769 Name of Grant Administrator Title Phone 13101414 -0911 Grant Administrator Fax Number Brief Program Description 1 -3 sentences The goal of the program is to 1) construct, install and maintain a flotation oil boom at the City's storm water pumping station to prevent used oil in the storm water runoff from being discharged into Santa Monica bay, 2) to register the City yard facilities and two private facilities as certified used oil recycling centers, 3) to provide residents with used oil recycling containers, and 4) to develop an education and public awareness program to encourage residents to participate effectively in local used oil recycling program opportunities Total Grant Request: $ 172.225.00 Certification: I declare, under penalty of perjury, that all information submitted for the CIWMB's consideration for allocation of grants funds is true and accurate to the best of my knowledge and belief. Signature of person authorized by resolution or letter of authorization Date Ed Schroder, Director of Public Works Print name and title of signature authority Page ii 080 TABLE OF CONTENTS SECTION Exhibit A - Application Cover Sheet Table of Contents GRANT PROPOSAL A. Background B. Program Description C. Funding Sources Exhibit B - Work Statement Exhibit C - Budget Summary Exhibit D - Budget Summary Itemization Page iii PAGE �i 1 3 S 9 12 13 1: & BACKGROUND 1. DEMOGRAPHIC PROFILE GRANT PROPOSAL The City of El Segundo is located in southwestern Los Angeles County, approximately 15 miles southwest of the Los Angeles Civic Center The encompasses 5 5 square miles Of this 71 3% is zoned for manufacturing and light industrial uses, 12 7% is zoned for public facilities, commercial, and light agricultural uses, and 16% is zoned for residential uses Virtually all of the residential land has been fully developed and further growth in population will be relatively small According to the 1990 U S Census, the City has a population of 15,223 The State Department of Finance Demographic Research Unit reported that the residential sector is comprised of 3,428 single family homes, 3,831 multifamily units for a total of 7,259 households Due to worker influx during the daytime, the population of the City increases to over 80,000 The City of El Segundo is basically a small residential community that is home to many of the nation's largest corporations As a result, a unique working relationship exists between the business and residential sectors of the City Residents themselves are actively involved with most aspects of the City The resulting sense of community creates a "hometown" ambiance uncommon in today's society and provides resources unavailable to most municipalities 2. EXISTING USED OIL RECYCLING OPPORTUNITIES There are currently no certified or non - certified used oil recycling centers within the City of El Segundo The City has applied for a Used Oil Block Grant from the CIWMB and part of the proceeds will be used to site and certify a used oil recycling center The City has received no prior grants from the state 3. RELEVANT INFORMATION FROM THE LOCAL AND COUNTYWIDE HHWE The Household Hazardous Waste (HHW) Elements of both the City and Los Angeles County have identified used oil as a priority waste for diversion The Los Angeles County conducts household hazardous waste roundups throughout the County and accepts used oil at all of the events, although most events are not held near the City of El Segundo Given the current situation, more needs to be done to divert used oil, particularly from areas that are not well served by public or private sector efforts 4. THE PROBLEM STATEMENT According to a study by the environmental organization "Heal The Bay", an estimated 5 million gallons of used oil are improperly disposed of in the County of Los Angeles per year The dominant methods of improper disposal include throwing used oil into the trash and Page 1 N2- GRANT PROPOSAL dumping onto the ground or down the storm drains The City recognizes its responsibility to take a leadership role in developing and providing its residents and business community with cost -effective, convenient opportunities to manage and recycle their used lubricating oil The City is dedicated to preventing the mismanagement of oil to the greatest extent practicable The used oil management problem in the City of El Segundo consists of primarily two mayor elements 1) used oil is transported by runoff collected by the City's storm water management system and ends up being discharged into Santa Monica bay, and 2) used oil generated by residents and businesses within the City is improperly disposed Because these problems, and their solutions, are vastly different, the City will address each problem area separately below Many recent studies have shown that improperly managed used oil constitutes a mayor threat to the environment. These studies have shown that between 30% and 40% of the total pollution of our Nation's harbors and waterways can be attributed to used oil Most of this oil enters our Nation's harbors and waterways as contamination in storm water runoff Used oil from a single oil change poured down a storm drain, sewer or into a lake, stream or river can contaminate a million gallons of fresh water Also, oil dripping from the engines and drive trains of autos, trucks, trains and other forms of transportation add to the burden of used oil picked up by storm water runoff from seasonal rainstorms Because the coastal plain in Southern California is relatively flat, it has long been susceptible to periodic flooding from storms The County of Los Angeles began constructing the various regional storm water management systems nearly 70 years ago Ever since their initial construction, the various regional storm water management systems have discharged their runoff, along with the accumulated sediment load, trash and other contaminants, directly into coastal water bodies such as Santa Monica bay As the area has grown, the number of cars, buses, trucks, trains and other forms of transportation have also grown until now there are over 5 million cars, trucks and buses in Los Angeles County alone Finding cost - effective methods of preventing the discharge of contaminants has become a priority for most cities As previously stated, the City of El Segundo is located in the southwest coastal area of the Los Angeles basin The storm water management system for the City collects runoff into a central pumping (lift) station located at the comer of Standard Street and El Segundo Boulevard This facility is operated by the City as part of the Los Angeles County Storm Water Management System Storm water from throughout the City is collected and eventually ends up at this pumping station The pumping station discharges runoff into the regional storm water outfall pipe which flows directly into Santa Monica bay Page 2 1: M GRANT PROPOSAL The second major used oil management problem facing the City of El Segundo involves assisting residents and businesses to properly manage their used oil The City has no existing certified or non - certified used oil recycling centers Because of the population demographics of City residents, many of them change their own oil due to economic necessity The used oil management challenge is exacerbated by the number of small businesses who operate and maintain their own fleet vehicles Further, these businesses employ over 80,000 people, most of whom drive their cars into the City This increases the volume of oil that leaks onto City streets and is carried into the storm water management system The various used oil management programs identified by the City of El Segundo and presented in Section B are designed to proactively address each of these needs B. PROGRAM DESCRIPTION 1. INTRODUCTION TO THE PROGRAM The City of El Segundo proposes to utilize the proposed opportunity grant funding to develop an expanded used oil diversion program to serve local residents and small businesses The City has not received previous used oil grant funding. The City has applied for a Third Cycle Block Grant and anticipates using these funds to establish one (1) certified used oil recycling center and begin a public education and outreach program The proposed 1994/95 Local Government Used Oil Opportunity Grant will build on these efforts The grant will consist of the following major program Tasks 1 Construct, install and maintain a flotation oil boom at the City s storm water pumping station to prevent used oil in the storm water runoff from being discharged into Santa Monica bay 2 Register the City yard facilities and two private facilities as certified used oil recycling centers 3 Purchase used oil recycling containers and distribute them to residents 4 Public ze that used oil recycling containers are available from the City 5 Develop educational materials on used oil recycling programs, benefits and how to participate 6 Distribute educational materials and train local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc 7 Develop educational materials for businesses and their employees on used oil recycling programs, benefits and how to participate Each of these program elements is explained below in more detail Page 3 . - � P 'l GRANT PROPOSAL Task 1 Construct, install and maintain a flotation oil boom at the City's storm water pumping station to prevent used oil carried by storm water runoff from being discharged into Santa Monica bay. The City will, in cooperation with the Los Angeles County Departement of Public Works, undertake the design, construction, testing, operation and maintenance of a flotation oil boom to absorb used oil being camed by storm water runoff and prevent its discharge into Santa Monica bay The oil boom will be designed and installed during the reconstruction of the City's storm water management system pumping station scheduled for FY 1995 This pumping station handles storm water runoff from the entire City of El Segundo and is scheduled for reconstruction during this fiscal year The facility has been designed in compliance with standard practice and does not include provisions for separating used oil from the discharge water The City has evaluated the design, and proposes to utilize grant funds to incorporate a used oil flotation collection boom into the existing design to prevent as much used oil from reaching Santa Monica bay as is economically feasible Devices such as flotation oil booms have a demonstrated track record of successfully diverting as much as 70% of the total volume of oil The oil collected by the flotation oil boom may be unsuitable for reprocessing into new lubricating oil products Each oil boom is constructed of an absorbent material capable of ,.wrung out" and the oil collected for testing. If the oil is suitable, then it will be reprocessed by a used oil recycler If the used oil is too heavily contaminated, it will be sent to a waste - to -energy or Portland cement facility to be combusted as a supplemental fuel source to displace virgin fuel oil or natural gas The City will negotiate with one or more facilities, such as SERRF, the Commerce Waste -to- Energy plant or a cement facility to accept and bum the oil The City will test the used oil recovered prior to sending it to the disposal facility to ensure that the material can be safely combusted Task 2 Register the City yard facilities and two private facilities as certified used oil recycling centers. The City will register its yard facilities as an industrial generator Further, the City will establish an area at its Illinois Street yard facility to accept used oil from the public This facility already has a recycling drop center, provided by the franchised hauler, for residents to use at no -cost The City wtll design and construct a suitable drop -off center for used oil at this location The used oil drop center will be constructed so that it can be secured after hours and personnel will check on the site routinely throughout the day to prevent misuse or vandalism The City will also identify and assist a minimum of two private facilities to become certified used oil recycling centers These facilities will be geographically located to provide better service to the population of the City The City will then undertake a concerted effort to advertise these facilities so that the public takes advantage of the opportunity to recycle used oil Page 4 g815 GRANT PROPOSAL Task 3 Purchase used oil recycling containers and distribute them to residents. The City will purchase, using a competitive procurement process, 8,000 (approximately one per household) reusable used oil recycling containers for distribution to local residents These containers will make participation in the City's used oil recycling program much easier for residents The City will utilize a single supplier and will give away the used oil recycling containers in two ways Residents will be able to call an 800 number and will be scheduled to have a container dropped off at their residence Also, the City will work with auto parts stores in the City to give containers away to residents Residents will be able to obtain a container at any participating auto parts store by showing proof of residence (such as a drivers license) Each store will maintain records of who receives a container, and these lists will be compiled with the City's distribution list to ensure that residents do not obtain more than one container Task 4 Develop educational materials on used oil recycling programs, benefits and how to participate. In conjunction with this program, the City will develop and distribute educational materials regarding the CIWMB's used oil recycling program The focus of these materials will.be to instruct residents on why used oil recycling is important, not just as an abstract concept, but as something of vital interest to the City of El Segundo and their neighborhood The materials will tell people about the benefits of recycling used oil and will provide detailed information regarding how they can participate in the program All materials developed will be tailored to appeal to the interests and concerns of local residents In addition, the City will develop special outreach and education materials that the City's franchised hauler can leave at residences if they discover used oil in the trash These materials will alert the resident that used oil should not be disposed of in the trash and that better options are available at no -cost These educational materials will give the resident an 800 number they can call for additional information or to receive a free used oil collection container Task 5 Publicize that used oil recycling containers are available from the City. The City will undertake an aggressive public awareness (PA) program to reach out to residents to inform them about the CIWMB's used oil recycling program (using appropriate state supplied or city developed materials) These PA materials will inform residents that if they wish to participate, they can obtain a free used oil recycling container by calling the 800 number or from a participating auto parts store (these will be listed with address and phone numbers) The City will also work with community groups, civic organizations and local non- profits to establish pickup locations for used oil recycling containers in other areas of their local neighborhoods This program will be designed to get as many used oil recycling containers as possible into the hands of residents who will use them property Page 5 1.• GRANT PROPOSAL Announcement will be distributed actively by the City at point -of -sale locations, schools, the civic center and other City buildings, as well as at City Council meetings Also, the City will contact churches, non -profit groups, and civic organizations to help distribute information to help residents know where they can get a container and how to participate In addition, the City will run advertisements and post notices in various public locations advising residents of the program Task 6 Distribute educational materials and train local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc. The City will undertake a concerted effort to develop and distribute educational materials and train local residents through the schools, civic organizations, churches, and local non- profit organizations regarding how to collect and recycle used oil The City will contact various civic organizations (such as the Chamber of Commerce, Rotary Clubs, etc), schools, churches and other non -profit entities, and offer to have a speaker come and give a presentation and /or training seminar to the membership of that organization This presentation will be used to provide residents with practical, hands -on information about used oil recycling The City will also utilize these opportunities to also distribute containers to residents within the appropriate areas of the City Task 7 Develop educational materials for businesses on used oil recycling programs, benefits and how to participate. The City will undertake a concerted effort to develop and distribute educational materials and train local residents regarding the proper methods to be used to collect and recycle used oil The City will contact employers and offer to have a speaker come and give a presentation and /or training seminar to its employees This presentation will be used to provide employees with practical, hands -on information about used oil recycling The City will utilize these opportunities to also distribute containers to residents of the City These training efforts will be carefully coordinated and conducted to collect data from employees of the various companies who may not live in the City This information will be provided to each of the appropriate cities to let them know of their residents interest in used oil recycling programs The data lists can also be used by these cities as a contact list for direct mailing of appropriate used oil recycling program opportunities in their local area In addition, these training seminars will be used by the City to train local businesses in proper management methods for handling, storing and recycling their own used oil This element of the program will focus on inform and educate business owners regarding proper used oil management methods, the primary liability issues involved, how to select a used oil transporter that uses only CIWMB (in California) approved or EPA listed (out of state) TSD facilities, etc The City will also inform businesses regarding the CIWMB's registered Page 6 0,87 GRANT PROPOSAL industrial generator program, although the City will not actually assist businesses to apply for registration Each of these efforts is designed to communicate to businesses and their employees the importance of proper used oil management These program are intended to build on, and reinforce, the City's other efforts Task 8 Program Management The City will administer the 1994/95 Opportunity Grant throughout the entire grant period The City's Grant Administrator will be responsible for monitoring all program elements, maintaining adequate records, preparing and submitting quarterly reports and invoices, as well as ensuring that all program elements are being implemented in a timely, cost - effective manner 2. PROGRAM GOALS AND OBJECTIVES The City's goal is to make used oil recycling opportunities available to all residents by June 1996 and to educate 50% of all businesses regarding proper management methods for used oil by December 1996 The City's Used Oil Management Program will • Provide convenient, safe community -based used oil recycling opportunities to all residents in all areas of the City, • Establish a minimum of two additional Certified Used Oil Recycling Centers, • Establish one (1) community drop -off center at the City Yard on Illinois Street, • Involve local community groups in the used oil recycling program so consultants are not needed in the long term, • Involve the local business community in providing employees with used oil education materials, and • Increase public awareness of the dangers of improper disposal of used oil In addition, the City has the further goal of reducing the amount of used oil currently being dumped down storm drains and then being discharged into Santa Monica bay from the City's storm water management system This will be accomplished by constructing, operating and maintaining a flotation oil boom at the storm water pumping station located in the City of El Segundo Combined, the aggressive community -based used oil recycling and the storm water diversion programs should achieve a 50% diversion level for used oil by the end of the Grant period, April 1997 The City notes that most of the program costs identified in this Grant Application are one -time only costs The programs initiated under this Grant will be largely self - sustaining and the City of El Segundo believes this will achieve high, sustainable diversion with low long -term costs, providing an excellent value for the community Page 7 1:• GRANT PROPOSAL C. FUNDING SOURCES 1. ADDITIONAL GRANT FUNDING The CIWMB Grant funding being sought will be sufficient to fund the entire program identified in this grant proposal application Given that no prior funding has been sought for used oil recycling efforts, the City will undertake an effort to contact the mayor corporation and businesses in the City in an effort to develop a point public - private partnership and to secure additional grant funding from among the business community Although no specific additional grant sources have been identified at this time, the City is confident that additional contributors will be identified so that the program can be expanded to serve additional residents Page 8 089 ■ & § z � 0 � k w 2 �B §0 0 §U) �[ LU /s 3§ 0 � k 0 k § n } k § §2«Az<<0) AIL &§§ �7 0) > <A2 &� �oo 9(D ■ 0 k\Gk7S g§ a < k$ t a E o A § � § a ( E v k ■ c / \c k «§ 2) �2 , 22G %2 § o�,f t /E _ e_ A � k/ 80 §�)o 0 �)$�E o -�§ 0M �c0 �k'E _E0 / -00 \228, =_ ®, \)�.ks7k ©k °0 o k o.0 ® ® ■2s ©0 Ia 0 tg ■.©= °2 RKIE 0 )0 : :6f %e`f® §0/k6 00 a3§_e�7§§ r0.0 .00o �L) > =a2 © o�E» © 2— §k \L67� Q -6 Cl U ) 0a) 15 � j 2��B � Q— c o� ■xcc2 #a. 40)— ��»22 »_ ca .0 l CL m m_ x x w H z F F od 49 r 06 N U Y C t0 U 0. 0. 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C C N— U O y N C D =' O N C O O I L L) NHJ 4JUd� NO.L❑ UG❑ ❑U O. 2 0 O 0Z MMM NL U MMM V NA MM�� C ca L v U v !!0 co .0 V) U LO 091 0 N 10 IL ■ 2 § I.- � � � B � 0 IL 0 z-i /w k§ �z 02 3§ 0 � k q � � k k / k E.2 ®CL§S ■§ S 7 § E / ■§ Im CL E� kCD k \ § a E e $ 2 > ] CL o ■ ) ; 0 © -_ o b i o § V \ ) k CL } «B0 $ 20 0 $ - m © ® c ° @k (A J mac_ § 0) ■ @c c � CL — � c � E c w 0 = } k o to 2 N « • ) b _ E 0 2 E § ° ° © r k W §' ; C2 E© k ;ST) E E= e k' k `. E 2 cc 0 CL 0 00 �j c2� E� 2Rg2g2RE2� a o » CI323e033a o w) ©I $ �� <© m CL 0112 EXHIBIT C 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY Grant Applicant City of El Segundo Date 03/28/1995 TYPE OF EXPENSE CIWNB GRANT FUNDS` CURBSIDE COLLECTION $0 CERTIFIED COLLECTION CENTERS $62,910 PERMANENT NON - CERTIFIED COLLECTION CENTERS $22,815 TEMPORARY/MOBILE COLLECTION $0 SCHOOL EDUCATION PROGRAMS $10,060 DUCATION AND PUBLIC AWARENESS PROGRAMS $38,720 OTHER COSTS $37,720 OTAL BUDGET $172,22500 All expenses listed above must be itemized on a separate sheet(s) of paper `Round all numbers to nearest dollar Page 12 fl33 EXHIBIT D 1994195 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY ITEMIZATION March 28, 1995 CIWMB GRANT FUNDS CURBSIDE COLLECTION 0 CERTIFIED COLLECTION CENTERS Purchase containers for residents - 8,000 @ $5 each $40,000 Used oil test kits - 6 kits @ $15 each $90 Used oil storage tanks - 2 @ $2,500 each $5,000 Construction Costs - 2 centers @ $2,500 each $5,000 Contingency for contaminated bads - 3 @ $1,500 each $4,500 Consultant to implement program - 40 hours @$65/hour $2,600 City personnel to manage program - 4 hours/month @ $65/hour $5,720 Subtotal - Certified Collection Centers $62,910 PERMANENT NON - CERTIFIED COLLECTION FACILITIES Used oil test kits . 3 kits @ $15 each $45 Used oil storage tanks - 1 @ $2,500 each $2,500 Construction Costs - 1 center @ $5,000 $5,000 Contingency for contaminated bads- 1 @ $1,500 each $1,500 Consultant to implement program - 120 hours @$85/hour $7,800 40 hour Hazwopper Training for City Employee $250 City personnel to manage program - 4 hours/month @ $651hour $5,720 TEMPORARY/MOBILE COLLECTION 0 SCHOOL EDUCATION PROGRAMS City personnel to manage program - 2 hours/month @ $65/hour $2,860 Consultant to implement school program - 60 hours @ $85/hour $3,900 Used oil education matenals - development $1,000 Used oil education materials - reproduction 2,000 copies @$1 00 $2,000 Used oil video - 3 copies @ an estimated cost of $100 each $300 EDUCATION AND PUBLIC AWARENESS PROGRAMS City personnel to manage program - 4 hours/month @ $65/hour $5,720 Consultant to implement communitylbusiness program - 200 hours @ $65/hour $13,000 Used oil brochure - development $1,000 Used oil education materials - reproduction 8,000 copies @$1 00 $8,000 Used oil training manual - development $1,000 Used oil training manual - reproducbon /distnbuhon 5,000 copies @ $2 each $10,000 Subtotal - Education and Public Awareness Program $38,720 Page 13 094 EXHIBIT D 1994195 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY ITEMIZATION (CONTINUED) March 28, 1995 CiwnnB GRANT FUNDS OTHER COSTS Design flotation oil boom facility $2,000 Construct flotation oil boom facility $20,000 Operate/maintain flotation oil boom facility $5,000 Transport/dispose of used oil booms $5,000 City personnel to manage program - 4 hours/month @ $65/hour $5,720 Subtotal - Other Costs $37,720 TOTAL GRANT REQUEST $172,225 "Everything itemized on this sheet should be described in the Grant Proposal portion of the grant application Items outlined in the itemization that are not clearly related to the proposed program may be found ineligible for funding Page 14 n9r EXHIBIT E LETTER OF AUTHORIZATION 03/28/1995 California Integrated Waste Management Board Financial Assistance Branch Grants Section 8800 Cal Center Drive Sacramento, California 95826 To Whom It May Concern On behalf of the City of El Segundo, please accept the enclosed 1994/95 Local Government Used Oil Opportunity Grant Application The City is pleased to be able to submit this application and hopes you will review it favorably We will forward executed copies of the Grant Application Cover Sheet (Exhibit A) and an appropriate resolution prior to April 14, 1995 per the requirements of the grant application process The City is excited at the prospect of being able to implement the additional programs outlined in our application We believe the commitment of funds will allow us to move forward with used oil management programs that are both cost - effective and efficient We look forward to your favorable review and approval Respectfully, Jack Mlton General Services Director Page 15 o p r EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract for Maple Avenue Street Improvements West of Hillcrest Street, Project No. PW 94 -13, to DJ Construction (contract amount - $ 16,802.95). RECOMMENDED COUNCIL ACTION: 1. Authorize an appropriation of $ 3,100.00 from unallocated Transportation Development Act grant funds for the project. 2. Award contract to lowest responsible bidder, DJ Construction, in the amount of $ 16,802.95. 3. Authorize the Mayor to sign the construction agreement. BRIEF SUMMARY: On 1/17/95, the City Council adopted plans and specifications for the subject project and authorized staff to advertise for bids. On 3/21/95, the City Clerk received and opened the following bids: COMPANY NAME DJ Construction Tyner Paving Copp Contracting Damon Construction Excel Paving Company BID AMOUNT $ 16,802.95 $ 17,759.28 $ 19,127.75 $ 21,932.60 $ 22,718.00 The low bidder, DJ Construction, has recently satisfactorily completed a project to replace uplifted sidewalks in the southwest quadrant of the City's residential area and staff recommends award of the contract to DJ Construction. The low bid contract amount is $ 16,802.95. The project, including inspection and contingencies, is estimated to cost $ 18,000.00 which is $ 3,100.00 more than the available balance of $ 14,900.00 in the project budget. The bids received were higher than the Engineer's estimate of $ 13,000 due to the relatively small quantities of work. Individual bid item costs on small projects are higher because economy of scale cannot be obtained. Portions of the project are eligible for expenditure from the City's estimated $ 6,000.00 annual grant allocation of Transportation Development Act (TDA) funds. Staff is requesting Council authorization to fund the project deficit of $ 3,100.00 from these available TDA grant funds. ATTACHED SUPPORTING DOCUMENTS: vicinity map. FISCAL IMPACT: Capital Improvement Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: S 3,100.00 $ 17.000.00 S 14,900.00 Date: 3/21/95 106 - 400 - 8203 -8624 Award of construction contract Yes 097 LOS ANGELES r IMPERIAL IMPERIAL CITY 1�\ ' u I OF LOS ANGELES \\ I I -N- SCALE N.T.S. C AN l` \ ACACIA W L Q � WALNUT -- � REG�� PROJECT LOC TA ION o SYCAMORE v~i MAPLE a GPPNQ � . Z oa►c z All PALM -_ ElM � MARIPOSA PINE I ' Li �} A X 0 Lit V o � Q; I > Du R a�ol nm IL Ml �INCER PL -- EL SEGuNDO Am: EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications prepared by Caltrans for the Nash Street - Douglas Street One -Way Couplet Project (estimated cost to the City $ 500,000). RECOMMENDED COUNCIL ACTION: Adopt plans and specifications. Authorize Staff to notify Caltrans to proceed with advertising the project for receipt of construction bids. BRIEF SUMMARY: On 2/6/1990, the City Council adopted Resolution No. 3626 committing $ 500,000 of City funds for the construction of the Nash - Douglas One -Way Couplet Project. Subsequently on 2/4/1992, the City Council approved an agreement with Caltrans which provided for Caltrans to design and construct the couplet project in conjunction with a Caltrans project to construct an eastbound on- ramp to the I -105 Freeway and a new east -west freeway frontage road between Douglas and Nash Streets, south of Imperial Highway. This agreement provided for Caltrans to perform the design and construction engineering of the couplet project at Caltrans cost and for the City to reimburse Caltrans for the construction of the couplet upto $ 500,000. continued on next page...... ATTACHED SUPPORTING DOCUMENTS: 1. City - Council Resolution No. 3626. 2. 2 -4 -1992 City - Caltrans agreement (with 12 -7 -1993 amendment). 3. Vicinity map. FISCAL IMPACT: Capital Improvement Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: Yes S 500.000.00 S 500,000.00 S 500.000.00 Date: 702 - 400 - 8141 -8805 Adoption of plans and specifications No - 1 of 2 - FM Brief Summary: (continued) The scope of the improvements is as follows: Caltrans Funded ($ 3 million) • Construct on -ramp to eastbound I -105 Freeway. • Construct new east -west freeway frontage road south of Imperial Highway between Douglas Street and Nash Streets. • Construct north access road north of the east -west frontage road between Douglas Street and the freeway on -ramp. • Install new traffic signals at the intersections of the east -west frontage road with Douglas Street, Nash Street and the new freeway on -ramp. City Funded ($0.5 million) • Modify all existing traffic signals and striping along Douglas and Nash Streets between E1 Segundo Boulevard and Imperial Highway, including removal of existing raised median islands along Douglas Street. After completion of construction, the City will retain jurisdiction over the one -way couplet, the new east -west frontage road and the north access road and Caltrans will retain jurisdiction over the freeway on -ramp. Caltrans tentative schedule is as follows: Project Advertisement Mid -May 1995 Bid Opening July 1995 Start of Construction September 1995 Construction Time Fifteen (15) Months End of Construction January 1997 The current Capital Improvement Program (CIP) includes $ 500,000 from developer fee contributions to finance this project. On 12/20/1994, the City Council approved a Proposition "C" spending plan which included a $ 200,000 expenditure from Proposition "C" funds for the Nash /Douglas Street One -Way Project. Staff recommends financing the $ 500,000 reimbursement to Caltrans from $ 200,000 of Proposition "C" funds and $ 300,000 of CIP approved developer fee contributions. -2 of 2 - FW -CON 421 (3/2,4/95) 100 RESOLUTION NO. 7626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, COMMITTING FUNDS FOR THE CONSTRUCTION OF A ONE -WAY COUPLET FOR HASH STREET AND DOUGLAS STREET IN THE CITY OF EL SEGUNDO WHEREAS, Nash Street and Douglas Street between Imperial Highway and E1 Segundo Boulevard are included in the Master Plan of Streets in the Circulation Element of the City General Plan, as a proposed one -way couplet from hereafter referred to as the project; and WHEREAS, the Department of Transportation, State of California, also known as Caltrans has offered to design the project and construct it in conjunction with a Caltrans project to construct an access frontage road to the Century Freeways and WHEREAS, Caltrans has offered to design the project at Caltrans cost contingent on the City Council adopting a resolution to commit construction funds for the project estimated to cost $500,000. NOW, therefore, the City Council of the City of E1 Segundo, California does resolve as follows; SECTION 1. The City Council of the City of E1 Segundo California hereby commits construction funds not to exceed $500,000 for the construction of the project. SECTION 2. The commitment made in Section 1 is contingent on Caltrans performing the design of the project at no cost to the City of E1 Segundo, and performing the project construction in conjunction with the construction of the Century (I -105) Freeway. 101 SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the meetings at which the same is passed and adopted. 1990. PASSED, APPROVED AND ADOPTED this 6th day of February, �' 1�2 RE �.;FIvED CITY S COPY JAN 2 7 1994 CONM"CT ENGINEERING 07 -LA -105 R1.0/R1.3 G1 In the City of E1 Segundo C' On Nash St. & Douglas St. N J 0 r . and the On -Ramp to the E/B I -105 Freeway C'7' 07202- 053201 DISTRICT AGREEMENT NO. 4058 A -1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT entered into %�2• 941. 1 1993, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE and CITY OF EL SEGUNDO a body politic and a municipal corporation of the State of California, referred to herein as CITY. 08188 CCU JTriACT. 2309 C;;Y OF Ev 5="'1'tDO 103 DISTRICT AGREEMENT NO. 4058 A -1 RECITALS 1. The parties hereto entered into an Agreement (Document No. 8188, District Agreement No. 4058) on February 4, 1992, said Agreement defining the terms and conditions of a project to construct an eastbound on -ramp to the I -105 Freeway at Douglas Street, including the conversion of Nash and Douglas Streets to a one -way couplet, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination dated specified in Section III, Article 13 of the original Agreement shall now be December 31, 1995 instead of December 31, 1993. 2. The other terms and conditions of said Agreement (Document No. 8188, District Agreement No. 4058) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 8188, District Agreement 4058. - 1 - C. _ ",'-I i;AGT OSOO. Cr, rr r, Cry i, c!1 104 STATE OF CALIFORNIA Department of Transportation JAMES VAN LOBEN SELS Director of Transportation By B. Director Approved as t F m and Procedure: Attorney DISTRICT AGREEMENT NO. 4058 A -1 CITY OF EL SEGUNDO By or a VON- =V011--elp Approved as to Form: -P, e4�,�, Cit ttor ey Certified As to \ s and Procedure: 918188 �j � bl'ifrict Accounting Officer Z� /Ffi Cu,; I 1,ArT - 2 - OJ0J C._' r7 r e Do 105 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1 SS CITY OF EL SEGUNDO Re-Um I, Lora Freeman, DEPUTY CITY CLERK OF THE CITY OF EL SEGUNDO, CALIFORNIA, and ex- officio Clerk of the City Council of said City, do hereby certify and attest the foregoing to be a full, and correct copy and excerpt of the original NUNUTES OF DECEMBER 7, 1993 located in this office, and that I carefully compared the same with the originals: 13. Amendment to extend the expiration date of the agreement between the City of El Segundo and Caltrans for construction of the Nash /Douglas Street one -way couplet, and authorize the Mayor to execute the amendment on behalf of the City.. MOVED by Mayor ProTem Wise; SECONDED by Councilman West to approve Contract No. 2309. MOTION PASSED BY THE FOLLOWING VOICE VOn 410/ 1 - AYES Mayor Jacobson, Mayor ProTem Wise, Councilnuin West and Councilman Switz. NOER None. NOT PAKM3PATINQ Councilman Robbim. IN WITNESS WHEREOF, I have hereunto set my hand 27th day of Decembe r, 1993. /tG�/lst,A.trc./ RA FREEMAN Deputy City Clerk City of El Segundo 106 r R�CcIVED juR 16 19Q? ENG NEEFUNG DIVISION rp °'s OR 7 -I.A -105 R1.0 /R1.3 In the City of E1 Segundo On Nash Street and Douglas Street and the on -ramp To the E/B 105 Freeway 07202 - 053201 District Agreement No. 4058 THIS AGREEMENT, ENTERED INTO ON Fe brucry 4 , 1992, is between the STATE OF CALIFORNIA, acting by and th ough it's Department of Transportation, referred to herein as "STATE ", and EWE CITY OF EL SEGUNDO 00 a body politic and a � municipal corporation of the State of California, referred to herein as "CITY ". fC; District AgreemenF 1. A loop on -ramp design was included in the Final EIS for the I- 105 Freeway and the Freeway Agreement with CITY dated October 22, 1982. Opposition grew from local property owners regarding the workability of the ramp geometrics. There was concern that peak period traffic destined for the Douglas Street on -ramp would back onto local surface streets. It was also believed that entrance and exit movements to and from office garages within the loop would be impeded, and leasing potential for this site would be reduced. In addition CITY was recommending Nash Street and Douglas Street be converted to a one way couplet to improve traffic circulation within CITY. This also raised concerns as to the workability of the loop ramp design. The State developed a frontage road design, including an access road to service the Kilroy property, in response to the above noted concerns. On February 1, 1988 the FWHA approved the frontage road design contingent upon CITY converting Nash Street and Douglas Street to a one - way couplet. 2. On February 6, 1990 the CITY Council passed a resolution committing $500,000 for the couplet construction. On May 15, 1990 the freeway Agreement was amended to reflect the frontage road and access road design. r, -2- I r 8 District AgreemenF 3. It will be to STATE's benefit to convert Nash Street and Douglas Street to a one -way couplet as part of the STATE's contract to construct the E/B on -ramp, frontage road and access road to the 105 Freeway to insure compliance with FWHA approval for participation. 4. Construction of the frontage road and access road will service the needs of CITY. In addition, CITY will not have to administer a separate contract to construct the one -way couplet on Nash Street and Douglas Street from Imperial Highway to E1 Segundo Boulevard. The project will satisfy the concerns of local property owners and will be compatible with the CITY's Master Plan. ' 5. STATE and CITY mutually desire to cooperate in the construction of the one -way couplet, frontage road, access road and on- ramp to the E/B 105 Freeway, referred to herein as "PROJECT ", and desire to specify herein the terms and conditions under which said improvements will be constructed, financed and maintained. 6. The STATE's portion of PROJECT consists of the frontage road, access road and the on -ramp including the new traffic signals and lighting on the frontage road. The CITY's portion of PROJECT consists of all the work required to convert Nash Street and Douglas Street to a one -way couplet including traffic signal modification, new signing, striping, median island removal and roadway reconstruction on Douglas , Street. -3- Inq J 04 District AgreemenF r+o., %v. w 1. To prepare plans and specifications and estimates of cost (PS &E) for PROJECT and to bear the entire expense therefor. Said PS &E to be reviewed for concurrence by CITY. STATE will obtain any necessary permits and right of way and will incorporate the construction of the one -way couplet on Nash Street and Douglas Street from Imperial Highway to E1 Segundo Boulevard into the STATE construction contract. 2. To make all necessary arrangements with the owners of public or 'private utilities for the removal and /or relocation of all utility facilities which could conflict with the aforesaid construction, in accordance with applicable law, the provisions of any franchise, Master Contracts or other agreements in effect with the respective utility owners, and to prepare the necessary notices to relocate, and /or Utilities Agreements and to inspect the required utility relocation work. 3. To advertise, award and administer the construction contract for PROJECT and to pay 100% of the construction engineering costs. 4. To construct PROJECT and to pay 100% of the contract , construction costs of the STATE's portion of PROJECT. -4- 110 District Agreement nv. Tvd. 5. Upon completion of the aforesaid construction contract,to furnish CITY with a detailed statement of the actual construction costs to be borne by CITY, and to refund to CITY any amount of CITY's deposit remaining after the actual costs to be borne by CITY have been deducted or to bill CITY for any additional amount required to complete CITY's financial obligation pursuant to this Agreement. 1. To deposit with STATE within 25 days of receipt of billing therfor, the amount of $500,000 which figure represents CITY's estimated share of the expense of construction, supplemental work and STATE furnished material required to complete PROJECT, as shown on Exhibit A. The total obligation may be adjusted to reflect costs which differ from the initial estimated total costs of construction. CITY's total obligation shall not exceed the amount of $500,000, provided that CITY, at its sole discretion, in writing, authorizes a greater amount. 2. The cost of utility adjustments to be paid for by CITY shall consist of the amount paid by STATE for relocations or modifications of utilities necessitated by STATE's construction of CITY's portion of PROJECT. 3. To provide prompt reviews and concurrences as required of submittals by STATE and to cooperate in timely processing of PROJECT. -5- III District Agreement No. 4058 4. Upon completion of CITY's portion of PROJECT, to the satisfaction of the CITY, CITY will accept ownership and maintenance of the CITY's portion of PROJECT. 5. To pay STATE upon completion of all work and within 45 working days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforementioned deposits and payments required to complete CITY's financial obligation pursuant to this Agreement. 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by California Transportation Commission. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It it- also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined in Government Code Sectioi 810.8) occurring by reason of anything done or omitted to be done by -6- 112 District Agreement No. 4upe CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 3. Neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE, its officers, agents and employees under or in connection with an)r work, authority or jurisdiction delegated to STATE under this Agreement. 4. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written 30 calendar day notice provided CITY pays STATE for all PROJECT costs incurred by STATE prior to the effective date of the termination. 5. This Agreement may be terminated and provisions contained herein may be altered, changed, or amended by mutual consent in writing of the parties hereto. , 6. STATE shall not advertise a contract to construct PROJECT until after receipt of CITY's deposit required in Article (1) of Section II of this Agreement. -7- 113 District Agreement No., 4058 7. If, after opening bids for PROJECT, the lowest responsible bid is not more than the Engineer's Estimate, STATE may award the contract, except that immediately after opening of bids, STATE and CITY will conduct a joint review of the bid item prices. STATE will not award the contract for a period of 25 days following opening bid. 8. If CITY does not agree with the aforementioned bid item prices, CITY will terminate this Agreement within 25 days of the opening of bids pursuant to the provisions of Article (41 of this Section III. 9. If upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, STATE and CITY shall consult upon a course of action. If, after 25 days, a course of action is not agreed upon, this Agreement shall be terminated by joint consent pursuant to Article (10) of this Section III. 10. If termination of this Agreement is by mutual consent, STATE will bear 80t and CITY will bear 20t of all costs prior to termination. 11. Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control of maintenance, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except for portions of local city roads delegated to CITY for maintenance. 12. Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 13. This Agrav:ient shall terminate upon completion and acceptance the construction contract for PROJECT by STATE, or on December 31, 1993 whichever is earlier in time, unless all parties agree to an extension of time. -8- 114 STATE OF CALIFORNIA Department of Transportation .TAMES VAN LOBEN SELS Director of Transportation B ERRY B. BAXTER istrict Director APPROVED AS TO FORM AND PROCEDURE: M N r CERTIFIED AS TO FUNDS AND PROCEDURE: kcl�� District AccofdntAng Officer -9- District Agreement' CITY OF EL By, City APPROVED AS TO FORM: City or.., 115 1-- m X W E 0 N c z N O Q M N O q N o � f 7. i MM 116 O N O O O O a0 O O N N 1� n ap N N tl 8 8 h o 8 8 v 8 8 8 8 8 $$.. oN gC 88 N O N a+f n y^ Zj M W N O O N a0 a N .� N W� h y w w w ° ti y i/OOf Qy�py D < F0.1 O. 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S 4� W OY A 31nG �� 1 t0 I ^I3 J Ali — N[Fv- 1 I' / 1r1N3NIlN0� U'V/ --] W h r Ill stay 111 120 EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Request by Rockwell International for consideration to name the new connector road between Douglas and Nash Streets as Lee Atwood Way Act on Rockwell's request for naming of new connector road between Douglas and Nash Streets. Provide direction to Staff on the inconsistency of street names There is currently no procedure in the Ell Segundo Municipal Code, Government Code, or the Subdivision Map Act regulating the naming of streets Therefore, this request has been forwarded to the City Council Rockwell International would like to honor a former Chairman and Chief Executive Officer of North American Aviation, Inc, who later presided as President and Chief Executive Officer of North American Rockwell and is credited by Rockwell for his contributions to the advancement of aerospace technology, much of which evolved from their company operations in El Segundo, since 1935 Kilroy, who owns the property to the north of the new connector road, has submitted a letter indicating that they support naming the street after Mr. Atwood Additionally, they have verbally indicated that they will be submitting a request in the near future to name the small cul-de-sac which is connected to the north side of the collector road Staff would also like to bring to the Council's attention several existing inconsistent street names in the City Continental Boulevard is named as such between El Segundo Boulevard and Manposa Avenue, then at Manposa Avenue the street changes names and becomes Lauport Street to Maple Avenue, where Lairport ends The General Plan Master Plan of Streets indicates that Lauport will eventually connect up with Selby Street, which is named as such between Walnut Avenue and Imperial Highway The General Plan also indicates an eventual connection of Hughes Way east to Utah Avenue. West of Sepulveda there are several inconsistent names Richmond Street ends at Palm Avenue then becomes Cedar Street for two blocks between Walnut Avenue and Imperial Avenue Standard Street ends at Manposa Avenue, at the High School, then becomes Pepper Street from Maple Avenue north to Imperial Avenue Lastly, Arena Street ends at Grand Avenue, picks up again as Arena Street between Pine Avenue and the High School, then becomes Cypress Street between Walnut Avenue and Imperial Avenue 1. Request letter dated March 3, 1995, from Sam F lacobellis, Rockwell International Corporation 2 Letter of support, dated March 24, 1995, from John B Kilroy, Kilroy Industries 2. Map showing connector road location (Check one) Operating Budget Capital Improv. Budget Amount Requested: -0- ProjectfAccount Budget -0- None. Project/Account Balance -0- Account Number. -0- Project Phase: -0- ^ Appropriation Required - Yes_ No X B. Fedfe, Director c diaklas W Morrison, City Manager ACTION TAKEN: and Building Safety 3- ;Z?- 121 Rockwell March S, 1995 Mr. Hyrum B. Fedje Director of Planning City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Dear Mr. Fedje. and Building Safety Rockwell International Corporation World Headquarters 2201 Seal Beach Boulevard PO Box 4250 Seal Beach, California 90740 -6250 310 797 5506 Fax 310 797 5049 Sam F lacobellis Executive Vice President and Deputy Chairman for Major Programs AECEIVED MAR 1 4 1995 PLANNING & BUILDING SAFETY DEPARTMENT I am advised that a street is planned to connect Douglas and Nash streets with the Douglas Street on -ramp to the 105 Freeway. It is requested that consideration be given to naming the street Lee Atwood Way to honor Mr. J. Leland Atwood who served as Chairman & Chief Executive Officer of North American Aviation, Inc., and later as President and Chief Executive Officer of North American Rockwell until his retirement from the company. North American Aviation located in the E1 Segundo area in 1935. Under Lee Atwood's leadership, the company made far - reaching contributions to the advancement of aerospace technology, and much of that important history evolved from company operations in E1 Segundo. Naming the new street, which will cross part of the North American site, Lee Atwood Way would be a fitting tribute to the person often referred to throughout the industry as the Dean of Aerospace. Please advise me or George Wiley if you need other information or believe a presentation to the Planning Commission is appropriate. Thank you for your consideration. Sincerely, /SLamO Iacob cc: Jim Morrison George Wiley 122 Fill] KILROY INDUSTRIES John B, Kilroy Chairman of the Board 24 March 1995 Mr. Hyrum B. Fedje Director of Planning & Building Safety City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 RECEIVED MAR 2 7 1995 PUNNING G BUILDING SAFETY DEPARTMENT Dear Hyrum: We are honored to support the request of Sam Iacobellis of Rockwell that the new east /west roadway between Nash Street and Douglas Street be named LEE ATWOOD WAY. Lee Atwood is a great aerospace engineer, business executive, and contributor to our County and to E1 Segundo. As a major contiguous property owner, we highly recommend that the new roadway be named LEE ATWOOD WAY. Please advise. Sincerely, J'ahn'B. Kilroy Chairman JBK:jem cc: Mr. Sam F. Iacobellis - Rockwell Mr. George Wiley - Rockwell Mr. James Morrison City Manager, City of E1 Segundo 350 Main Street El Segundo, CA 90245 f " 9 2250 EAST IMPERIAL HIGHWAY/ EL SEGUNDO, CALIFORNIA 90245/ (213) 772 -1193/ FAX (310) 414 -0010 I®ERIAL HWy +PROPOSED STREET NAME -� ILEE ATWOOD WAY B 0 Q O cr J Q Q P DOUGLAS ST ON RAMP OC BR NO 53 -2738 R1.20 !J- a Z C) N 06TH 5T Q r � LD ^t L Q u9T 1 C I I 0 H -j 122HO T F- r N ~ U N Q O C> Z ~ O c� J o W V) F- J � W N W J W C7 Z Q N O J 1 ?_4 To EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Manager Proposed resolution to standardize City of El Segundo's fee structure for duplication of public records 1 Read Resolution by title only 2 Adopt Resolution BRIEF SUMMARY: Per the City Attorneys Office, a recent Court of Appeals Decision now limits what the City may charge the public for duplication fees of public records (City Attorney's memo attached) Specifically the City may charge a fee for the cost of running the machine and the expense for the person operating the machine Since the City of El Segundo uses various Xerox Machines (Desktop, Midsize and High Volume) and many different employees operate these machines, a strict adherence to this definition would create an unwieldy and non cost effective way of providing this service The alternative of using a coin operated xerox machine serviced by a private company similar to that provided to library customers cannot be considered a viable alternative due to the loss of control over the original documents On the other hand by using average cost figures, it is possible to implement the spirit of the Court decision It is proposed that the following formula be used in calculating the duplication fees [(L +S) /C) + T + M = Copy Fee L= The total monthly leasing cost paid by the City for all its copying equipment S= The average monthly copying supplies cost C= The average monthly copies generated by the City of all its copying machines T= The average time needed to xerox a copy at the average employee cost in seconds Note this time does not include the time it takes to travel from duty station to the Xerox machine, but does include benefits M= Per copy maintenance fee charge by maintenance provider The most likely employees to do the xeroxmg have been identified as Office Aides, Office Specialist, Account Specialist, and Secretaries Other employees may do xeroxing but the majority is done by this group The appropriate hourly rates have been averaged out at $14 63 per hour The time to operate the xerox machine to complete one xerox copy depends on which copy machine is chosen This is due to the complexity of the larger machines, wider variety of features plus coded access The average time to complete this chore is approximately twenty (20) seconds when converted to cents for salary and benefits (25 %) then T =8 13 + 2 03 benefits =10 16 cents The City averages on the combined 12 copying machines (2 High Volume, 2 Mid size, 8 Small /Desktop) about 108,500 copies per month (C= 108,500) In addition the monthly cost for supplies (Toner, Developer, Fuser, Paper, Staples, Cleaning fluid) totals $911.14 (S= $911), and the monthly lease cost totals $3357 74 (L= $3358) The maintenance fee charged by the service provider ranges from 0084 cents to 0135 cents, the average charge is 01095 (M= 01095) Substituting the values into formula [($3358 +$911)/108500 + 1016 + 01095 = 15 2 cents per copy Rounding this figure to the nearest cent and you would end up with 15 cents per copy The recommendation is that the City provide the first six xerox copies free of charge, due to the fact that it is not cost effective to write out and collect a receipt for less than a dollar, and then collect $1 05 for seven copies plus 15 cents for each additional copy The exceptions to this fee structure would be copies for elections materials and conflict of interest statements per the California Code which sets these rates at 10 cents per copy, and certain individuals asking for public reports relating to accidents and crime victims in which they are involved ATTACHED SUPPORTING DOCUMENTS- 1 City Attorney's Memo 2 Resolution setting duplicating fee FISCAL IMPACT: Minimal (Check one) Operating Budget: Capital Improv. Budget: Project/Account Budget. Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No Date: G'_ln� 3- 2d7.9S Steve Klotzsche James W Mornscgr ,, City Manager z9 -9s — 125 FN -I -001 LAX 94350 1 BURKE, WILLIAMS 6 SORENSEN O F I L E M E H O N A N D$ M TO: LCD CC: FROM: TDC FILE NO. 00006 -001 DATE: March 9, 1995 RE: RECENT CALIFORNIA COURT OF APPEAL DECISION ON FEES FOR COPIES OF PUBLIC RECORDS Government Code Section 6257 authorizes the City to charge a fee "covering direct cost of duplication" for copies of public records. There have been disputes concerning what constitutes "direct cost of duplication" over the years, but there had been no appellate court decision interpreting the meaning of that phrase until this year. In Forth County Parents Department of Education 93 DAR 3224 (March 14, 1994), the California Court of Appeal ruled that: "direct costs of duplication is the cost of running the copying machine and, conceivably also the expense of the person operating it." (Id. at 3225.) The court further ruled that "direct cost" does not include the ancillary tasks necessarily associated with the retrieval, inspection and handling of the file from which the copy is extracted. (Id.) Under the law of this case, a city may only charge a fee for a copy of a public record which is equal to the cost of running the copying machine and the prorated expense of the person making the copies. In North County Parents, the Department of Education charged a copy fee of 254 per page which covered the cost of copying and the cost of staff time involved in searching the records, reviewing records for information exempt from disclosure, deleting such exempt information and refiling the files. The court ruled that the only permissible costs that may be included in the fee were the costs of the copy machine for making the copies and the personnel cost of the person making the copies. Alhambra currently has a two - tiered fee schedule for public records. 504 per page is charged for all documents except documents relating to elections materials and conflict of interest statements. 104 per page is charged for election materials and conflict of interests statement. It is my 126 FN -I -002 ux 94350 1 Memo to LCD March 9, 1995 Page 2 understanding that the 504: per page fee also applies to bound records of the City such as the City Code, Charter and Budget. In order to determine if the amount of the fee charged by Alhambra complies with North County Parents, the City needs to determine the costs of operating the copy machine to make a copy and the personnel costs associated with making a copy. The copy machine costs may include the purchase or lease expenses associated with the machine, maintenance costs and paper costs. The personnel costs associated with copying may include a prorated portion of the employee's salary equal to the time it takes to make a copy. A fee established in an amount based on these two costs factors would comply with the North County Parents decision. Please note that, in 1991, the Attorney General issued an opinion letter stating that "direct cost of duplication" should cover only two types of expenses: equipment costs and personnel costs. The Attorney General defined equipment cost as including the capital cost of the equipment, the maintenance contract, paper supplies, and other necessary expenses which may be occurred in order to make the equipment operational. (Prim letter, dated April 11, 1991.) Personnel costs would include the prorated salary and benefits of a clerical employee who would operate the equipment. (Id.) The Attorney General letter is consistent with the opinion in North County Parents. Although the Attorney General opinion was rendered in April 1991, we had taken the position that this letter was only advisory and did not constitute a legally binding interpretation of Government Code Section 6257 and the meaning of "direct costs of duplication ". FN -1 -003 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A STANDARD DUPLICATING FEE FOR PUBLIC RECORDS BASED ON THE COST OF EQUIPMENT AND PERSONNEL ONLY Whereas, the City of El Segundo produces and maintains public records, and Whereas, the public has a right to obtain copies of public records, and Whereas, the City of El Segundo has an obligation to recover the cost of producing these public records for the recipients Whereas, the Courts have defined that the cost of reproducing these public records is limited to the cost of running the equipment plus the cost of personnel operating this equipment only Now, therefore, the City Council of the City of El Segundo, California, does resolve as follows SECTION 1 The duplication fee is to be established per the following formula [(L +S) /C] + T + M = duplication fee Where L= The total monthly leasing cost paid by the City for all copier equipment S= The average monthly copying supplies cost C= The average monthly copies produced by the City T= The average time needed to xerox a copy times average hourly cost M= The per copy maintenance fee charge by outside provider substituting current values into the formula, [($3358 +$911)/108500]+ 1016+ 01095= 152 Per Copy Fee Upon rounding to the nearest cent, the approved fee will be 15 cents per copy The first six (6) copies shall be provided free of charge to the requesting party With the 7th copy and up, the rate shall be at set at the above calculated rate starting with the first copy SECTION 2 This resolution does not apply for duplication dealing with election materials, and conflict of interest statements These rates are established by State Code SECTION 3 The copy fee may be waived for the recipient if said individual is asking for public reports in which said individual is involved by reason of accident or due to another party's criminal activity SECTION 4 The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said City, and shall make a minute of passage and adoption thereof in the record of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED ON ATTEST 1995 Mayor of the City of El Segundo, California City Clerk (SEAL) 128 FN -I -004 EL SEGUNDO CITY COUNCIL MEETING DATE: Apnl 4, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA UE5GRJIJ11UN: Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing requirements and Zoning Code provisions for alcohol sales 1) Designate the Director of Planning and Budding Safety as the local determining official for precluding or allowing the issuance of ABC retail licenses only in areas of "undue concentration ", which includes areas of high cnme and areas where the ratio of alcohol licenses to population exceeds the County average, 2) Retain the existing Zoning Code provisions, which allow in all commercial zones the off -site sale of alcohol as a permitted retail use, on -site sale and consumption in restaurants with an Administrative Use Permit (AUP),and on -site sale and consumption in bars with a Conditional Use Permit (CUP) Dunng the 1994 legislative session, AB 2897 and AB 2742 were adopted, which amended certain provisions of the State Code related to alcoholic beverage licensing The new provisions of AB 2897 allow the local governing body or local official the authonty to determine if the public convenience or necessity would preclude or allow the issuance of retail sales alcoholic beverage licenses by the ABC The local authonty does not make this determination for non -retail licenses, which includes restaurant and hotel alcohol licenses For these licenses the applicant must show public convenience or necessity would be served by the issuance of the license, however the local authonty can protest the issuance The local authonty would gDly- be able to make the determination of public convenience or necessity on licenses which are in areas with an "undue concentration" of alcohol licenses as defined by the ABC "Undue concentration" includes areas where there is 20% greater cnme than the average in the City, and areas where the ratio of alcohol licenses to population exceeds the average ratio for the entire County Currently, the Qty of El Segundo has some areas with "undue concentration" since the ratio of licenses to population exceeds the County average, however there are no areas of high cnme Compared to other urban cities in Los Angeles County, such as Manhattan Beach, Hermosa Beach, Redondo Beach, Hollywood, Beverly Hills, Culver Qty, Santa Monica and the Qty of Los Angeles, the ratio of licenses to population in B Segundo is very low The County ratios are low since they take into account the entire County including large unpopulated areas The attached map indicates the census tracts, as designated by the ABC, with "undue concentration II The ABC has requested that the Qty either delegate the duty of determining public convenience or necessity to an official, such as the Director of Planning and Budding Safety, or the local goveming body, the City Council, who will make these determinations A decision on who the detemyning body is must be sent in wnbng to the ABC by April 8, 1995 (Continued on page two) 1 Letter dated March 8, 1995 from the Department of Alcoholic Beverage Control 2 Assembly Bill No 2897 3 Assembly Bill No 2742 4 Map of census tracts indicating areas of "undue concentration" (Check ore) Operating adget Capital • • dg •MI'Yq Balance: Date: Accourt Number Project Appropirlatim of Ragplhg and Budding Safety Am James , Qty Manager ��l ?J- -T- BRIEF SUMMARY: Continued Currently the only involvement that the Planning Division has Huth alcohol licenses is when an applicant applies to the ABC for a license they receive a "Zoning Affidavit" form which they submit to the Planning Division The application indicates the premise's address as well as the type of license and business The Planning Division "signs -off' on the application indicating if the alcohol sales are allowed by right in the zone or if a CUP or AUP is required After the applicant returns the Zoning Affidavit to the ABC, the ABC follovr-up with a phone call to the Planning Division to confirm the information This process is not proposed to be revised However, if the license is a retail license, allowed by right in the zone and in an area of "undue concentration ", the designated local authority could preclude issuance of the license for public convenience or necessity reasons The provisions of AB 2742 expand the current notification and hearing process for all alcohol license applications Currently, only the Police Department receives notice The new provisions require that the Planning Director also receive the notice and a 30 day review and comment period is provided The Gty may object to the license and may also request an additional 20 days to comment, if proper grounds are cited The ABC makes a decision after an investigation and the 30 day notice The Gty has 10 days to appeal the ABC decision and then a hearing will be conducted The current Zoning Code allows, in all commeraal zones, off -site sale and consumption of alcohol as a permitted retail use, on -site sale and consumption in restaurants with an AUP, and on -site sale and consumption in bars with a CUP The previous Zoning Code allowed bars by right in the CRS Zone, off -site sales by right in all commeraal zones, and required a CUP for all on -site sale and consumption, since there was no AUP process 130 yOL-_ _..)- �T TE OF CALIFORNIA— BUSINESS TRANSPORTATION AND HOUSING AGLNCY PPII "]I )ON 1)1✓PARTNIENT OF ALCOHOLIC BEVERAGE CONTROL to I • ROSIN COURT SUITE 150 SACRAMENTO. CA 95834 \ - (916) 261 69W \C� March 8, 1995 Cry RECEIVED AR 1 4 995 r "\ A ' LANNINB BUIIDm FErt pAUjt To: County Board of Supervisors City Councils Mayors During the 1994 Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the local governing bodies of titles and counties. Section 23958.4 was added to the Business and Professions Code to define "undue concentration" of licenses and to establish the procedure for determining if public convenience and necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses A copy of the chaptered Assembly bill creating Section 23958.4 is enclosed. With respect to non - retail licenses, bona fide public eating place licenses, certain hotel, motel, or specified lodging establishments and retail licenses issued in conjunction with a beer manufacturing or winegrower's license, if the applicant shows that public convenience or necessity would be served, a license may be issued by the Department. In this situation the local governing body does not make a determination of public convenience and necessity However, nothing would preclude a city or county from protesting the issuance of a license on these grounds or any other grounds With respect to all other retail licenses, most notably all off -sale beer and wine licenses, off -sale general licenses, and all other on -sale licenses, the determination of whether or not public convenience and necessity is met will be determined by the local governing body of the appropriate city or county In other words, if there is an undue concentration of licenses in the area of a proposed licensed premises and the local governing body determines that issuance of the license would meet public convenience and necessity standards, the Department of Alcoholic Beverage Control will be bound by that determination and the license could be issued, assuming other factors, such as the personal qualification of the applicant, citizen protests and other non - public convenience and necessity factors do not preclude the issuance of the license. On the other hand, if the local governing body determines that public convenience and necessity would not be served, that determination by itself would preclude the issuance of the license by the Department The Department is asking that all determinations of satisfying public convenience and necessity be in writing and submitted to the local office of the Department P�. -Z -3 As the local governing body you may elect to delegate the duties of determining whether or not public convenience and necessity are met to a subordinate agency such as a zoning, planning, or law enforcement official if desired. If this is your decision please submit a written notice of such delegation to the Department's Headquarters address within 30 days of the date of this notice. If such a delegation is not made within that period we will assume that the local governing body itself will be making these determinations Please send all notifications of delegation of these duties to: Department of Alcoholic Beverage Control Office of the Director 3810 Rosin Court, Suite 150 Sacramento, CA 95834 We appreciate your cooperation in these matters and we feel that the changes in the law as outlined above will serve to give local officials the ability to better deal with alcoholic beverage licensing issues. Sincerely, enton P. Byers Chief Counsel VL -T - Y Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. (Approved by Governor September 19, 1994 Filed with Secretary of State September 20, 19941 LEGISLATIVE COUNSEL'S DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrowers license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State of California do enact as follows: SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals The department shall deny an 133 94 110 P� -'j�- -S Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent areater, number of reported crunesias defined in subdivTision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which tie applicant premises are located exceeds the ratio of on -sale premises are tocatea. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to popula ti in the census tract or census divisio n in which the applicant premises are located exceeds the ratio of off -sale premises are iocatea. (b) Notwithstanding Section 23958, the department may issue a license as follows. (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance �c) For purposes of this section, the following definitions shall apply- (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) , that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crones and arrests. 94 140 PL - Z - tom -3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general). (B) On -sale retail licenses- All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden), and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were desrroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. W 94 160 f 3 i 191 - -r -7 k.B987 . RCD UctoDer 18, 1994 In bill text, brackets have special meaning: [A> <A] contains added text, and [D> <D] contains deleted text. California 1993 -94 Regular Session Enacted ASSEMBLY BILL No. 2742 CHAPTER 629 Lee rage o An act to amend Sections 23987, 24013, and 24200 of, and to add Section 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSEL'S DIGEST AB 2742, Lee. Alcoholic beverages. i Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, and legislative body of !n, a lication sfer of li_guor license• and prohi s e Department of Alcoholic Beverage Coffin r0 om issuing or transferring a license until at least 30 days after these notices are provided. This bill would %! a.L 3u or the license or icense transfer application, and would allow any local law enforcement agency that is so notified to re an extension of the 30 -day waiting period for a period not to excee an additional 20 days. Existing law provides that rotests against the issuance of a liquor license may be filed with the Department of Alcoholic Beverage Control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified. This bill would re ire the De artm f Alcoholic Bever Control, if, after inves igation, recommends at a 1 cense be issued o w standing a protest by a public agency, a public official, or the governing body of a city or county, to notify th ag nr�v` official, or governing body in wiitin of its determinat' and the reasons therefor, in conjunction with a notice of hearing provided to the protestant, as specified. Existing law establishes various matters, including a licensee's failure to take reasonable steps to correct a nuisance on the licensed premises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the 13 E; 0 - -= -s AB987.RCD UctoDer 18, 1994 rage o -z suspension or revocation of a liquor license. This bill would, as provided, establish a licensee's failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a new crime, this bill would establish a state - mandated local program. 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 no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: nw� 23987. U on the t b the de artment of an on inal ap liic ion or any license or an applica ion for tra7efer of any icense, written notice thereof, consisting of a copy of the application, shall immediately be mailed by the department to the sheriff, chi e o police .__and district attorney of the locality in which the premises are situated, to the cit or count o , whoever has jurisdiction, the boar o supervisors of the county in which the premises are situated, if in unincorporated territory, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. No lice sued or transferred by the department until at leas 3- s, after the mail ng by the department of the notices � required by this section. The department ma extend the 30 -da eriod specified in the preceding sentence for a period e additional 20 days, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the issuance or transfer of a license. SEC. 2. Section 24013 of the Business and Professions Code is amended to read: 24013. (a) Protests aaav bP filed at any office of the department at any time within from the f ri st date of posting the notice of 137 P/. --T-7 AB987.RCU UctoDer 18, 1994 rage o -j intention to engage in the sale of alcoholic beverages at the premises, or within 30 days of the mailing of the notification pursuant to Section 23985.5, whichever is later. MOSOMM 4040M (b) The de a tment may reject protests, except Protests made by a public _agency or public officia or pro es s ma a by the governing bey oi'—a' y or county, if it determines the protests are false, vexatious, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24016 or 24300. If after inves- iaation, the department recommends that a ice se be issued now thstanding a protest by a pu is agency, a public official or the governing body of a city or county, the dep arrtme _t�shall notify the agency. official, or governing body in write is dAtA =&nd TTe reasons therefor, in conjunction—w—ith the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section and issues a ense a whose protest has been rejected may within 10 s .4n er the is of the license, file an accusation with the department alleging the grounds of protest as a cause for revocation of the license and the depar went shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Par of Division 3 of Title 2 of the Government Code. .i (c) Nothing in this section shall be construed as prohibiting or restricting any right which the individual making the protest might have to a judicial proceeding. SEC. 3. Section 24200 of the Business and Professions Code is amended to read: 24200. The following are the grounds that constitute a basis for the suspension or revocation of licenses: (a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department's authority to proceed under Section 22 of Article XX of the California Constitution. (b) Except as limited by Chapter it (commencing with Section 24850) and Chapter 12 (commencing with Section 25000), the violation or the causing or the permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code, or any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in obtaining a license. (d) The plea, verdict, contendere to any public o federal law prohibiting or possession, or giving away liquors or prohibiting the containers charged against or judgment of guilty, or the plea of nolo Efense involving moral turpitude or under any regulating the sale, exposing for sale, use, of alcoholic beverages or intoxicating refilling or reuse of distilled spirits the licensee. 138 0/ - -I- to A698 7.RCD UCtooer 18, 1994 cage o -4 (e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee, that constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, county counsel, or the department, under Section 373a of the Penal Code. For the purpose of this subdivision only, "property or premises" as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision: (1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian - traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) When determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (g) Subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23038, that is so operated by a retail on -sale licensee; a hotel, motel, or similar lodging establishment, as 139 P� -L - II AB987.RCD October 18, 1994 Page b --,) defined in subdivision (b) of Section 25503.16; a wine growers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license; or those same or contiguous premises at which an on -sale licensee who is licensed as a bona fide public eating place as defined in Section 23038, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, sells off -sale beer and wine under the licensees's on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions Code, to read: 25612.5. (a) This section shall apply to licensees other than a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a wine growers license; a licensed beer manufacturer, as defined in Section 23357; a retail licensee who concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license for those same or contiguous premises; and a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, who sells off -sale beer and wine under the on -sale license on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of the public health, safety, and welfare to adopt operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law. (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following: (1) A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in- a'place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law enTorcement aclencv in whose is ion the premises are ocate , that is supported by substantial evidence that there is loitering adjacent to the premises. (2) A prominent, permanent sign or signs stating "NO OPEN ALCOEOLIC B INERR ARE ALLOWED ON THESE PREMISES" shall be postea in n place that is c •zarly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice one upon a request, from the local law enforcement agency in -Tiose 3urisd'iction tie premises are 1 4C, P�- -I - is "987.RCD Octoner 18, 1994 rage b -o located, that is supported by substantial evidence that there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 120 hours of application. (7) No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off -sale premises (or located in an adjacent area under the control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT 141 P l- -T- 13 ABC LICENSES Census Tract 6200 East of Sheldon Population 7561 On.-Sale 11020 County Average 8 [icenses On -Sale 1420 EI Segundo Ratio 18 Licenses Off-Sale 11301 County Average 6 Licenses Off -Sale 11260 B Segundo Ratio 6 Licenses (Any extra traction of a license is rounded up) —�� ^ > F i A a : Z alfwUf a lF. \1tt. tL .TY. at Y'•* R 6201 West of Sheldon - North of 8 Segundo Blvd 8059 _ 11020 8 Licenses 1424 19 Licenses 1 1301 6 Licenses 11151 7 Ljoenses 10" �yo O Y M a A i A Y A r Y N ' a Y i ]t Y a . r a w � YA Y I, m .A. = [f�•�CITT Of MAWTNONME CITY LO[ AN.EL[. COYNTTI • F GGG l Q ?. Pl --r -ly l Q ?. Pl --r -ly EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Modification of Agreement between the City of El Segundo and the El Segundo Unified School District For Joint Use of Video Studio and Equipment Approve modification of Agreement Section 8 pertaining to City's indemnification of District BRIEF SUMMARY On April 27, 1982 the City and the School District entered into an agreement whereby the two agencies would jointly utilize the District's Video Studio and equipment located at the High School facility Since that time, the City has been the provider of staff and management of the community cable operation and has provided a majority of the equipment needed for this operation By letter dated February 28, 1995, the District requested the City remove its operation from the facility by May 29, 1995 By letter dated March 22, 1995, the City advised the District that it would exercise its rights under the Restated Joint Use Agreement to remain in the studio The City requested a response to its position from the District by noon today, Wednesday, March 29, 1995 Dr Manahan verbally advised the undersigned that the District now wants to retain the 1982 studio agreement but wants Section 8 related to indemnification modified The modification required is to expand the City's indemnification of the District to include program production and broadcasting The City holds the franchise that provides for the community cable operation The City provides the staff and management for the cable operation The City Council appoints the members of the Cable Advisory Committee It is clear the City is responsible for the cable operations At the staff level, it has been felt that the City is responsible for and, therefore, liable for cable program broadcasts To indemnify the District does not, in staffs opinion, change current conditions — it only clarifies existing conditions February 28, 1995 letter from the School District to James Morrison March 22, 1995 letter from James Morrison to William Manahan FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: -0- Project(Account Budget: ProjecUAccount Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No_ Morrison, City Manager '4.1 El Segundo Unified School District A p tr p ° 641 SHELDON STREET • ELSEGUNDO, CALIFORNIA 90245 (310) 6152650 • FAX (310) 640 -6272 Fo , 1 •00 SUPERINTENDENT WILLIAM N MANAHAN, Ed O February 28, 1995 RECEIVED FEB 2 8 1995 Mr James W Morrison City Manager City of Et Segundo 350 Main Street El Segundo, California 90245 Re- Community Cable Programming Dear Mr. Morrison: DO Mnnac> R*S offiM BOARD OF EDUCATION CHRISTINE M SHERRILL KEITH R WISE Yae Prudent KENNETH N SCHOFIELD CAW* ALAN O LEITCH Meurer LORRAINEL LOFUN Member The purpose of this letter is to advise the City Council that the El Segundo Unified School District is terminating its Agreement with the City of El Segundo for joint use of the video studio and equipment at El Segundo High School, effective ninety days from receipt of this letter, in accordance with Section 1 of the Agreement The District requests that the City remove all of its equipment from the studio by Mav 29, 1995. The District finds it necessary to terminate the Agreement due to the City's unilateral reconfiguration of the Community Cable Advisory Committee whereby the District is prohibited from direct representation on the Committee Such action is in total contravention of the terms of the Joint Venture Agreement, Statement of Purpose for the Community Cable Advisory Committee, and Master Plan These documents show clearly and unambiguously that the parties are jointly responsible for the station's operation The District cannot in good faith continue to undertake such responsibility without participation on the Community Cable Advisory Committee, especially in light of its continuing vulnerability to liability for programming challenges over which the District will no longer have any input The continued shared use of employees, equipment and facilities is too risky for the District to maintain in the absence of Community Cable Advisory Committee representation The District regrets that the City has chosen to violate the spirit of cooperation that has existed between the parties for almost fourteen years in the operation of the studio. We believe that our 2""4,d t, Aueldoy alade ed and 41e WM"WNM+ Rug an 9. nwm I e a 4n s n 8 en«,aonomeod # 6 , ,t a e l is e d u a a l e r y 4 a a " " 1 4 4 com'raaMmeale akpna to m vl 46 D/uslle o a y """ "cwty in 46 P ,1dt Wenlany Page Two Mr James W. Morrison February 28, 1995 relationship in this regard has been beneficial to the citizens of El Segundo and has met a community need We hope that the City will continue to work with the School District in finding a solution that will enable the School District to rescind this notice Sincerely yours, William N. Manahan Superintendent cc Board of Education Mr Carl Jacobson Mr Michael Robbins Mr. Richard Switz Mrs. Jane Friedkin Mr Liam Weston 145 March 28, 1995 Mr. James Morrison, City Manager 350 Main Street El Segundo, CA 90245 Dear AAr Morrison, Jim Here are my agenda items for the 4 -4 -95 7:00 PM open session of the El Segundo City Council: (1) PROBLEM OF UNSCRAMBLED CABLE TELEVISION BROADCASTS OF ADULT ENTERTAINMENT. (2) LEAGUE OF CALIFORNIA CITIES PLANNERS INSTITUTE. •uu 2�_ •� - -.. (3) CITY -WIDE CPR TRAINING AND CERTIFICATION PROGRAM. Determine the feasibility, cost, benefits, and liability, if any, of establishing a city -wide CPR training and certification program with a goal of training a significant percentage of El Segundo residents and business operators in CPR to save lives and to be prepared for disasters including earthquakes and civil unrest such as the Los Angeles riots. Such a program would remove disincentives to participation by providing training and certification at low cost and at convenient times, and would involve an ongoing publicity campaign to maximize participation. RECOMMENDATION- Discussion and possible action. -- M Michael D. Robbins, Councilman City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 322 -4314 Page 1 of 1 *, .q,r 310 640 9328 V . - 7 Z�wItz R-U E NO. : 310 640 9328 Mar. 29 1995 06:34AM P2 A%%craft early turns have been a problem for years. Recently, at the suggestion of our Nwse Abatement Committee, video equipment has been refurbished and relocated to provide selected coverage of the airport goings -on. In addition, the system has been augmented with audio tracks on the video, so one can hear tower instructions, in addition to ohaerving aircraft takeoff patterns. A 5 minute video will be shown to demonstrate our currvnt capability, including two egregious actions by commuter aircraft turning over our city Jt is proposed that council discuss the possibility of asking staff to arrange a meeting at the highest levels with our Mayor's office and Airport Management, wherein tonight's material, together with other evidence is shown to them and leave the question " , .. and wbat are you going to do about this?" f 4 " EL SEGUNDO CITY COUNCIL MEETING DATE: 4/4/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A Resolution of the City Council of the City of E1 Segundo, California, authorizing the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Local Government Used oil opportunity Grant. RECOMMENDED COUNCIL ACTION: Adopt Resolution. BRIEF SUMMARY: on February 7, 1995, the City Council authorized Staff to submit and application for a Used Oil Recycling Block Grant. As a result of that application, the City is now eligible to apply for additional funding through the local Government Used Oil Opportunity Grant Program. The Block Grant application submitted in February was to establish one or more certified oil recycling centers in the City. The Opportunity Grant the City is proposing to submit would: 1. Construct, install and maintain a flotation oil boom at Pump Station No. 19 to prevent used oil in the storm water runoff from being discharged into Santa Monica Bay. 2. Register the City Maintenance Facility and two additional private facilities as certified used oil recycling centers. 3. Purchase used oil recycling containers and distribute them to residents. ATTACHED SUPPORTING DOCUMENTS. 1. Copy of Grant Application. 2. Resolution. FISCAL IMPACT: Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: continued on next page.... Capital Improvement Budget; N/A No Date: ORIGINATED: pG�- "- V Date: 31 2 �6J Eduard Schroder, Director of Public Works v REVD BY: Date: M -CO\ 419 - 1 of 2 - Brief Summary: (continued: 4. Publicize that used oil recycling containers are available from the City. 5. Develop education materials on used oil recycling programs, benefits and how to participate. 6. Distribute educational materials and inform local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc. 7. Develop educational materials for businesses and their employees on used oil recycling programs, benefits and how to participate. As with the previous Block Grant, this Opportunity Grant was brought to the City's attention by Americlean Environmental Services, Inc. They have submitted a proposal outlining the program which is being submitted to the State. Funds requested from the State are as follows: 1. Design, construction and operation of oil boom $ 32,000 2. Development of additional used of recycling facilities $ 63,635 3. Development of educational material $ 23,300 4. Consultant Services $ 27,550 5. City Staff oversight $ 4,800 The opportunity Grants are awarded on a City is selected, the Grant will fund o the proposed program. The accompanying submittal of the Grant designates the authorized contact person. competitive basis. If the on - 2 of 2 - PW -CON 419 (3129195) hundred percent (100 %) of resolution authorizing the City Manager as the City's 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT APPLICATION Submitted to the State of California Environmental Protection Agency Integrated Waste Management Board Financial Assistance Branch, Grants Section 8800 Cal Center Drive Sacramento, California 95826 Submitted by the City of El Segundo Department of General Services 350 Main Street El Segundo, CA 90245 -0989 %y Contact: Jack Hilton General Services Manager (310) 322 -3769 March 28, 1995 state of California EXHIBIT A Caidorma Integrated Waste Management Board APPLICATION COVER SHEET 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT CINVMB -306 (9192) CITY OF EL SEGUNDO Name of Applicant 350 Main Street El Segundo 90245-0989 Address City ZIP Ed Schroder Director of Public Works (310) 322-4670 Name of Program Director Title Phone Steve Klotzsche Finance Director (310) 322-4670 Name of Finance Officer Title Phone John W. Hilton General Services Manager (310) 3223769 Name of Grant Administrator Title Phone (3101414-0911 Grant Administrator Fax Number The goal of the program is to 1) construct, install and maintain a flotation oil boom at the City's storm water pumping station to prevent used oil in the storm water runoff from being discharged into Santa Monica bay, 2) to register the City yard facilities and two private facilities as certified used oil recycling centers, 3) to provide residents with used oil recycling containers, and 4) to develop an education and public awareness program to encourage residents to parbapate effectively in local used oil recycling program opportunities Total Grant Request: $ 172.225.00 Certification: I declare, under penalty of perjury, that all information submitted for the CIWMB's consideration for allocation of granisfunds is true and accurate to the best of my knowledge and belief. Signature of person authorized by resolution or letter of authorization Date Ed Schroder, Director of Public Works Print name and title of signature authority Page ii TABLE OF CONTENTS SECTION Exhibit A - Application Cover Sheet Table of Contents GRANT PROPOSAL A. Background B. Program Description C. Funding Sources Exhibit B - Work Statement Exhibit C - Budget Summary Exhibit D - Budget Summary Itemization Page iii PAGE ii iii 1 3 8 9 12 13 A.BACKGROUND 1. DEMOGRAPHIC PROFILE GRANT PROPOSAL The City of E1 Segundo is located in southwestern Los Angeles County, approximately 15 miles southwest of the Los Angeles Civic Center. The encompasses 5.5 square miles. of this 71.3% is zoned for manufacturing and light industrial uses, 12.7% is zoned for public facilities, commercial, and light agricultural uses, and 16% is zoned for residential uses. Virtually all of the residential land has been fully developed and further growth in population will be relatively small. According to the 1990 U.S. Census, the City has a population of 15,223. The State Department of Finance Demographic Research Unit reported that the residential sector is composed of 3,428 single family homes, 3,831 multifamily units for a total of 7,259 households. Due to worker influx during the daytime, the population of the City increases to over 80,000. The City of E1 Segundo is basically a small residential community that is home to many of the nation's largest corporations. As a result, a unique working relationship exists between the business and residential sectors of the City. Residents themselves are actively involved with most aspects of the City. The resulting sense of community creates a "hometown" ambiance uncommon in today's society and provides resources unavailable to most municipalities. 2. EXISTING USED OIL RECYCLING OPPORTUNITIES There are currently no certified or non - certified used oil recycling centers within the City of E1 Segundo. The City has applied for a Used Oil Block Grant from the CIWMB and part of the proceeds will be used to site and certify a used oil recycling center. The City has received no prior grants from the state. 3. RELEVANT INFORMATION FROM THE LOCAL AND COUNTYWIDE HHWE The Household Hazardous Waste (HHW) Elements of both the City and Los Angeles County have identified used oil as a priority waste for diversion. The Los Angeles County conducts household hazardous waste roundups throughout the County and accepts used oil at all of the events, although most events are not held near the City of E1 Segundo. Given the current situation, more needs to be done to divert used oil, particularly from areas that are not well served by public or private sector efforts. 4. THE PROBLEM STATEMENT According to a study by the environmental organization "Heal The Bay ", an estimated 5 million gallons of used oil are improperly disposed of in the County of Los Angeles per year. The dominant methods of improper disposal include throwing used oil into the trash and Page 1 GRANT PROPOSAL dumping onto the ground or down the storm drains. The City recognizes its responsibility to take a leadership role in developing and providing its residents and business community with cost - effective, convenient opportunities to manage and recycle their used lubricating oil. The City is dedicated to preventing the mismanagement of oil to the greatest extent practicable. The used oil management problem in the City of E1 Segundo consists of primarily two major elements: 1) used oil is transported by runoff collected by the City's storm water management system and ends up being discharged into Santa Monica bay, and 2) used oil generated by residents and businesses within the City is improperly disposed. Because these problems, and their solutions, are vastly different, the City will address each problem area separately below. Many recent studies have shown that improperly managed used oil constitutes a major threat to the environment. These studies have shown that between 30% and 40% of the total pollution of our Nation's harbors and waterways can be attributed to used oil. Most of this oil enters our Nation's harbors and waterways as contamination in storm water runoff. Used oil from a single oil change poured down a storm drain, sewer or into a lake, stream or river can contaminate a million gallons of fresh water. Also, oil dripping from the engines and drive trains of autos, trucks, trains and other forms of transportation add to the burden of used oil picked up by storm water runoff from seasonal rainstorms. Because the coastal plain in Southern California is relatively flat, it has long been susceptible to periodic flooding from storms. The County of Los Angeles began constructing the various regional storm water management systems nearly 70 years ago. Ever since their initial construction, the various regional storm water management systems have discharged their runoff, along with the accumulated sediment load, trash and other contaminants, directly into coastal water bodies such as Santa Monica bay. As the area has grown, the number of cars, buses, trucks, trains and other forms of transportation have also grown until now there are over 5 million cars, trucks and buses in Los Angeles County alone. Finding cost - effective methods of preventing the discharge of contaminants has become a priority for most cities. As previously stated, the City of E1 Segundo is located in the southwest coastal area of the Los Angeles basin. The storm water management system for the City collects runoff into a eentral aoVerjAj pumping (lift) etatiea 6tIKti0ASII:,*U60fJVbI0h 3.S located at the corner of Standard Street 'and E1 Segundo Boulevard. This facility is operated by the City as part of the Los Angeles County Storm Water Management System. Storm water from throughout the City is collected and eventually ends up at this or 5:ia ilAx pumping stations. The pumping station discharges runoff into the regional storm water outfall pipe which flows directly into Santa Monica bay. Page 2 GRANT PROPOSAL The second major used oil management problem facing the City of E1 Segundo involves assisting residents and businesses to properly manage their used oil. The City has no existing certified or non - certified used oil recycling centers. Because of the population demographics of City residents, many of them change their own oil due to economic necessity. The used oil management challenge is exacerbated by the number of small businesses who operate and maintain their own fleet vehicles. Further, these businesses employ over 80,000 people, most of whom drive their cars into the City. This increases the volume of oil that leaks onto City streets and is carried into the storm water management system. The various used oil management programs identified by the City of E1 Segundo and presented in Section B are designed to proactively address each of these needs. B. PROGRAM DESCRIPTION INTRODUCTION TO THE PROGRAM The City of E1 Segundo proposes to utilize the proposed opportunity grant funding to develop an expanded used oil diversion program to serve local residents and small businesses. The City has not received previous used oil grant funding. The City has applied for a Third Cycle Block Grant and anticipates using these funds to establish one (1) certified used oil recycling center and begin a public education and outreach program. The proposed 1994/95 Local Government Used oil Opportunity Grant will build on these efforts. The grant will consist of the following major program Tasks: 1 Construct, install and maintain a flotation oil boom at the City's storm water pumping station to prevent used oil in the storm water runoff from being discharged into Santa Monica bay. 2. Register the City yard facilities and two private facilities as certified used oil recycling centers. 3. Purchase used oil recycling containers and distribute them to residents. 4. Publicize that used oil recycling containers are available from the City. 5. Develop educational materials on used oil recycling programs, benefits and how to participate. 6. Distribute educational materials and train local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc. 7. Develop educational materials for businesses and their employees on used oil recycling programs, benefits and how to participate. Each of these program elements is explained below in more detail. Page 3 GRANT PROPOSAL Task 1 Construct, install and maintain a flotation oil boom at the City's storm water pumping station to prevent used oil carried by storm water runoff from being discharged into Santa Monica bay. The City will, in cooperation with the Los Angeles County Department of Public Works, undertake the design, construction, testing, operation and maintenance of a flotation oil boom to absorb used oil being carried by storm water runoff and prevent its discharge into Santa Monica bay. The oil boom will be designed and installed during the reconstruction of the City's storm water management system pumping station scheduled for FY 1995. This pumping station handles storm water runoff from the entire City of E1 Segundo and is scheduled for reconstruction during this fiscal year. The facility has been is being designed in compliance with standard practice and deer originally 414 not include provisions for separating used oil from the discharge water. The City has evaluated the design prottlem, and proposes to utilize grant funds to incorporate a used oil flotation collection boom into the existing design to prevent as much used oil from reaching Santa Monica bay as is economically feasible. Devices such as flotation oil booms have a demonstrated track record of successfully diverting as much as 70% of the total volume of oil. The oil collected by the flotation oil boom may be unsuitable for reprocessing into new lubricating oil products. Each oil boom is constructed of an absorbent material capable of being wrung out" and the oil collected for testing. If the oil is suitable, then it will be reprocessed by a used oil recycler. If the used oil is too heavily contaminated, it will be sent to a waste -to- energy or Portland cement facility to be combusted as a supplemental fuel source to displace virgin fuel oil or natural gas. The City will negotiate with one or more facilities, such as SERRF, the Commerce Waste -to- Energy plant or a cement facility to accept and burn the oil. The City will test the used oil recovered prior to sending it to the disposal facility to ensure that the material can be safely combusted. Task 2 Register the City malatana6ce yard facilitsesy and two private facilities as certified used oil recycling centers. The City will register its maintenance yard faciliti-esy as an industrial generator. Further, the City will establish an area at « s r „ <__;- Street yard facility to accept used oil from the public. This facility already has a recycling drop center, provided by the franchised hauler, for residents to use at no -cost. The City will design and construct a suitable drop -off center for used oil at this location. The used oil drop center will be constructed so that it can be secured after hours and personnel will check on the site routinely throughout the day to prevent misuse or vandalism. The City will also identify and assist a minimum of two private facilities to become certified used oil recycling centers. These facilities will be geographically located to provide better service to the population of the City. The City will then undertake a concerted effort to advertise these facilities so that the public takes advantage of the opportunity to recycle used oil. Page 4 GRANT PROPOSAL Task 3 Purchase used oil recycling containers and distribute them to residents. The City will purchase, using a competitive procurement process, 8,000 (approximately one per household) reusable used oil recycling containers for distribution to local residents. These containers will make participation in the City's used oil recycling program much easier for residents. The City will utilize a single supplier and will give away the used oil recycling containers in two ways. Residents will be able to call an 899 number the City Maintenance yapiiity and will be scheduled to have a container dropped off at their residence. Also, the City will work with auto parts stores in the City to give containers away to residents. Residents will be able to obtain a container at any participating auto parts store by showing proof of residence (such as a drivers license). Each store will maintain records of who receives a container, and these lists will be compiled with the City's distribution list to ensure that residents do not obtain more than one container. Task 4 Develop educational materials on used oil recycling programs, benefits and how to participate. In conjunction with this program, the City will develop and distribute educational materials regarding the CIWMB's used oil recycling program. The focus of these materials will be to instruct residents on why used oil recycling is important, not just as an abstract concept, but as something of vital interest to the City of E1 Segundo and their neighborhood. The materials will tell people about the benefits of recycling used oil and will provide detailed information regarding how they can participate in the program. All materials developed will be tailored to appeal to the interests and concerns of local residents. In addition, the City will develop special outreach and education materials that the City's franchised hauler can leave at residences if they discover used oil in the trash. These materials will alert the resident that used oil should not be disposed of in the trash and that better options are available at no -cost. These educational materials will give the resident an 809 R teiaphgpe number they can call for additional information or to receive a free used oil collection container. Task 5 Publicize that used oil recycling containers are available from the City. The City will undertake an aggressive public awareness (PA) program to reach out to residents to inform them about the CIWMB's used oil recycling program (using appropriate state supplied or city developed materials) . These PA materials will inform residents that if they wish to participate, they can obtain a free used oil recycling container by calling the 400 =fir City or from a participating auto parts store (these will be listed with address and phone numbers). The City will also work with community groups, civic organizations and local nonprofits to establish pickup locations for used oil recycling containers in other areas of their local neighborhoods. This program will be designed to get as many used oil recycling containers as possible into the hands of residents who will use them properly. Page 5 GRANT PROPOSAL Announcement will be distributed actively by the City at point -of- sale locations, schools, the civic center and other City buildings, as well as at City Council meetings. Also, the City will contact churches, non - profit groups, and civic organizations to help distribute information to help residents know where they can get a container and how to participate. In addition, the City will run advertisements and post notices in various public locations advising residents of the program. Task 6 Distribute educational materials and train local residents regarding proper methods of managing used oil at civic meetings, schools, community events, etc. The City will undertake a concerted effort to develop and distribute educational materials and train local residents through the schools, civic organizations, churches, and local nonprofit organizations regarding how to collect and recycle used oil. The City will contact various civic organizations (such as the Chamber of Commerce, Rotary Clubs, etc.), schools, churches and other non- profit entities, and offer to have a speaker come and give a presentation and /or training seminar to the membership of that organization. This presentation will be used to provide residents with practical, hands -on information about used oil recycling. The City will also utilize these opportunities to also distribute containers to residents within the appropriate areas of the City. Task 7 Develop educational materials for businesses on used oil recycling programs, benefits and how to participate. The City will undertake a concerted effort to develop and distribute educational materials and train local residents regarding the proper methods to be used to collect and recycle used oil. The City will contact employers and offer to have a speaker come and give a presentation and /or training seminar to its employees. This presentation will be used to provide employees with practical, hands -on information about used oil recycling. The City will utilize these opportunities to also distribute containers to residents of the City. These training efforts will be carefully coordinated and conducted to collect data from employees of the various companies who may not live in the City. This information will be provided to each of the appropriate cities to let them know of their residents interest in used oil recycling programs. The data lists can also be used by these cities as a contact list for direct mailing of appropriate used oil recycling program opportunities in their local area. In addition, these training seminars will be used by the City to train local businesses in proper management methods for handling, storing and recycling their own used oil. This element of the program will focus on inform and educate business owners regarding proper used oil management methods, the primary liability issues involved, how to select a used oil transporter that uses only CIWMB (in California) approved or EPA listed (out of state) TSD facilities, etc. The City will also inform businesses regarding the CIWMB's registered Page 6 GRANT PROPOSAL industrial generator program, although the City will not actually assist businesses to apply for registration. Each of these efforts is designed to communicate to businesses and their employees the importance of proper used oil management. These programs are intended to build on, and reinforce, the City's other efforts. Task 8 Program Management The City will administer the 1994/95 Opportunity Grant throughout the entire grant period. The City's Grant Administrator will be responsible for monitoring all program elements, maintaining adequate records, preparing and submitting quarterly reports and invoices, as well as ensuring that all program elements are being implemented in a timely, cost- effective manner. 2. PROGRAM GOALS AND OBJECTIVES The City's goal is to make used oil recycling opportunities available to all residents by June 1996 and to educate 50% of all businesses regarding proper management methods for used oil by December 1996. The City's Used Oil Management Program will: Provide convenient, safe community -based used oil recycling opportunities to all residents in all areas of the City, Establish a minimum of two additional Certified Used Oil Recycling Centers, Establish one (1) community drop -off center at the City Yard on Illinois Street, Involve local community groups in the used oil recycling program so consultants are not needed in the long term, Involve the local business community in providing employees with used oil education materials, and Increase public awareness of the dangers of improper disposal of used oil. In addition, the City has the further goal of reducing the amount of used oil euFFeatly being dumped dewn stem drains and then bei"g discharged into Santa Monica bay from the City's storm water management system. This will be accomplished by constructing, operating and maintaining a flotation oil boom at the storm water pumping station located in the City of E1 Segundo. Combined, the aggressive community -based used oil recycling and the storm water diversion programs should achieve a 50% diversion level for used oil by the end of the Grant period, April 1997. The City notes that most of the program costs identified in this Grant Application are one -time only costs. The programs initiated under this Grant will be largely selfsustaining and the City of E1 Segundo believes this will achieve high, sustainable diversion with low long -term costs, providing an excellent value for the community. Page 7 GRANT PROPOSAL C. FUNDING SOURCES 1. ADDITIONAL GRANT FUNDING The CIWMB Grant funding being sought will be sufficient to fund the entire program identified in this grant proposal application. Given that no prior funding has been sought for used oil recycling efforts, the City will undertake an effort to contact the major corporation and businesses in the City in an effort to develop a joint public - private partnership and to secure additional grant funding from among the business community. Although no specific additional grant sources have been identified at this time, the City is confident that additional contributors will be identified so that the program can be expanded to serve additional residents. Page 8 m m x LU Z F- Z F O IL IL H0 W � O W Q F W dU) Z C w 0 3Z O J U O 4 gi N U 4. ld d r U_ 0. 4 d _ L a00)mrnrn> a0zaa I 1 rnrn o r c� ma r >� v to , 0) ��rn rnrn 01 U CL 0)CD -3iQ3rn to U Q� b N U m W � N V � C d U N =_ m co O ` 0 Y! pO w O a O s co > O C N N C O• v � N O «, e N = 00 O 0 = O O t+ _ CD O w c 0 7 N E c Q C C C '0 A M m LL c o_ •O p U E = c -6 c 3 y a C A° c ° c H G 9 o w a°ao o(a > � Q° > c w 3 v, to f E �o E E o° m $ ° O w cE = U °_ °n_ vo0 3 udE C° 0 r U ° o c c o c _ ..v..._ c O m c2�° _o o l�O v C U00 0 c y� F-lz 07 O 40 c y Qd O Y W O 10 U '° N fQ NNNNNN m U '° N w '.z d o� CL m F m x w F 4Z r Z O a a FO WJ O W G F W dy F � �Z W 3Ix O J V 0 Of r o� 06 N t W G cis U a a Q t u y° E_ �'C,o)IDMcln F'0. 3i.)U)to) c�4c°no�`8i rnrn m O > 1 > 1 tlirnotOi�i M > »» 00) 3 1 Id 3 1 M rn � -3 rn M rn 3 > 1 �i M laol 3 -3 1 �rn°�' (098 M = 7 �F � rn N C O N C f0 0 N O W E C 7 IA .° Cp NW v, V/ T O �C ci o O ° ° m m m L m — o W w 0 W N ° Y O C N> C C m '00 N ` CL O O E m N C W C N to cz C: C a l0 jC M 7 III�} CO •� N m O C •u E C U m C m O) o ca �0 U ��, op V c °° °1 2'a o ° 03 a —� .°U. v m S L W V d 0 W m U m 'O m O C CL O E N N 16 ° Ci N °CO w m c m C c W c M m W m a C 3 c ° N m W> C C Q O E C CL O w O D C N U O O CY .± l0 N —y C N I(0 N ° O O C C C O O S A o U O O m r Lm C '(•O � O U N N 3 co C C C p O U p U r L O . �tN C W -0 d ° a r f 4o L � V . O . O O O. C i 7 N C CO C 0 7 O C b f.� a 2 m p' m C C O O.o -0 C O .O O C _ N 7 f� n Ng M m V lQ . 6 C G N O N C o N L O N 62 m N N N 0 O O O L N 3 .0 U6 O � 0 N C O O O tV t 3 U C O M t 4) C N ° 8 °ciao `ma °.°Co 6060(3x` a a'�cici lA o HZ MMMMMMM W� Ua Nw L W d v U IV "'if)tn I0� U IM�•V O m O m a ■ B § z � � � k ■ 0 a0 k00 §k � -z 02 #& 0 0 k g � $ A I � / 'a (0 ®IL ■§ §\ 3 7 S f g U) 8§ §» §§ §■ 2U) S� )� k3 / k § $ 4) 0 k § -a § ■ 0 § k 3 .k 2 § >d ] kk� E B( t C ) % k c )' k 0 i E ■ § i @ a • @ f c q C g c $§0 § L. e � k � 0 �\ 2/ \ r=@ a §r § @■ §© 2 § E o - E 0 k ) - 2)2% �� a ®o ®o AD \\�'aZ0e o3ev4o) c c » c g2 ©I 2 / - o � a EXHIBIT C 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY Grant Applicant City of El Segundo Date 03/28/1995 TYPE OF EXPENSE CIWMB GRANT FUNDS' CURBSIDE COLLECTION $0 CERTIFIED COLLECTION CENTERS $62,910 PERMANENT NON - CERTIFIED COLLECTION CENTERS $22,815 TEMPORARY/MOBILE COLLECTION $0 SCHOOL EDUCATION PROGRAMS $10,060 DUCATION AND PUBLIC AWARENESS PROGRAMS $38,720 OTHER COSTS $37,720 OTAL BUDGET $172,22500 All expenses listed above must be itemized on a separate sheet(s) of paper `Round all numbers to nearest dollar Page 12 EXHIBIT D 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY ITEMIZATION March 28, 1995 CIWMB GRANT FUNDS CURBSIDE COLLECTION I CERTIFIED COLLECTION CENTERS Purchase containers for residents - 8,000 @ $5 each $40,000 Used oil test kits - 6 kits @ $15 each $90 Used oil storage tanks - 2 @ $2,500 each $5,000 Construction Costs - 2 centers @ $2,500 each $5,000 Contingency for contarnmated bads - 3 Q $1,500 each $4,500 Consultant to implement program - 40 hours @$65/hour $2,600 City personnel to manage program - 4 hours/month @ $65/hour $5,720 Subtotal - Certified Collection Centers $62,910 PERMANENT NON - CERTIFIED COLLECTION FACILITIES Used oil test kits - 3 kits @ $15 each $45 Used oil storage tanks - 1 @ $2,500 each $2,500 Construction Costs -1 center @ $5,000 $5,000 Contingency for contaminated bads - 1 @ $1,500 each $1,500 Consultant to implement program -120 hours @$65/hour $7,800 40 hour Hazwopper Training for City Employee $250 City personnel to manage program - 4 hours/month @ $651hour $5,720 Subtotal - Certified Collection Centers $22,815 TEMPORARY/MOBILE COLLECTION SCHOOL EDUCATION PROGRAMS City personnel to manage program - 2 hours/month C $65/hour $2,860 Consultant to implement school program - 60 hours c@ $65/hour $3,900 Used oil education materials - development $1,000 Used oil education materials - reproduction 2,000 copies @$1 00 $2,000 Used oil video - 3 copies @ an estimated cost of $100 each $300 Subtotal - School Education Program $10,060 EDUCATION AND PUBLIC AWARENESS PROGRAMS City personnel to manage program - 4 hours/month @ $65/hour Consultant to implement community/business program - 200 hours @ $65/hour Used oil brochure - development Used oil education materials - reproduction 8,000 copies @$100 Used oil training manual - development Used oil training manual - reproduction /distribution 5,000 copies @ $2 each Page 13 $5,720 $13,000 $1,000 $8,000 $1,000 $10,000 $38,720 EXHIBIT D 1994/95 LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT BUDGET SUMMARY ITEMIZATION (CONTINUED) March 28, 1995 Subtotal - Other Costs TOTAL GRANT REQUEST $172,225 'Everything itemized on this sheet should be described in the Grant Proposal portion of the grant application Items outlined in the itemization that are not clearly related to the proposed program may be found ineligible for funding Page 14 CIWMB GRANT FUNDS OTHER COSTS Design flotation oil boom facility $2,000 Construct flotation oil boom facility $20,000 Operatelmaintain flotation oil boom facility $5,000 Transport/dispose of used oil booms $5,000 City personnel to manage program - 4 hours/month Q $05/hour $5,720 Subtotal - Other Costs TOTAL GRANT REQUEST $172,225 'Everything itemized on this sheet should be described in the Grant Proposal portion of the grant application Items outlined in the itemization that are not clearly related to the proposed program may be found ineligible for funding Page 14 EXHIBIT E LETTER OF AUTHORIZATION 03/28/1995 California Integrated Waste Management Board Financial Assistance Branch Grants Section 8800 Cal Center Drive Sacramento, California 95826 To Whom It May Concern On behalf of the City of El Segundo, please accept the enclosed 1994/95 Local Government Used Oil Opportunity Grant Application The City is pleased to be able to submit this application and hopes you will review it favorably We will forward executed copies of the Grant Application Cover Sheet (Exhibit A) and an appropriate resolution prior to April 14, 1995 per the requirements of the grant application process The City is excited at the prospect of being able to implement the additional programs outlined in our application We believe the commitment of funds will allow us to move forward with used oil management programs that are both cost - effective and efficient We look forward to your favorable review and approval Respectfully, Jack ILlton General Services Director Page 15 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A 1994- 95 USED OIL OPPORTUNITY GRANT. WHEREAS, the people of the State of California have enacted the California oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of E1 Segundo authorize the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Used Oil Opportunity Grant. The City Manager is hereby authorized and empowered to execute in the name of the City of E1 Segundo all necessary application contracts, payment requests, agreements and amendments hereto for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4th day of April ,1995. Carl Jacobson, of the City of El Segundo, California ATTESTED Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: / Leland C. Dolley, ,f` City Attorney PWCON421 RSO (3/24/95) City of El Segundo Inter - Departmental Correspondence April 3, 1995 TO: Distribution 44d FROM: Cindy Mortesen, City SUBJECT: AGENDA CORRECTION - APRIL 4, 1995 COUNCIL MEETING Please replace agenda item City Manager item # 4 in your packet with the attached agenda item statement. Thank you for your cooperation regarding this matter and please accept our apologies for any inconvenience this may have caused you Distribution: Honorable Mayor and City Councilmembers Leland C. Dolley, City Attorney James Morrison, City Manager Library Public Copy EL SEGUNDO CITY COUNCIL MEETING DATE: April 4, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Now Business - City Manager AGENDA DESCRIPTION: Modification of Agreement between the City of El Segundo and the El Segundo Unified School District For Joint Use of Video Studio and Equipirtreht. RECOMMENDED COUNCIL ACTWN: Approve modification of Agreement Sedan 8 pertaining to City's IrKlamr0callon of District. BRIEF SUMMARY: On April 27, 1982 the City and the School DisMd entered into an agreement whereby the two agencies would jointly utilize the Districts Video Studio and equipment located at the high School facility. Since that time, the City has been the provider of staff and management of the commu+Ny cable operation and has provided a majortty of the equipment needed for this operadw. By letter dated February 28, 1995, the District requested the City remove Its operation from the facility by May 29, 1995. By letter dated March 22,1995, the City advised the District that it would exercise its rights under the Restated Joint Use Agreement to remain in the shrdo. The City requested a response to Its position from the District by noon today, Wednesday, March 29, 1995. Dr. Manahan verbally advised the undersigned that the District now wants to reWn the 1982 studio agreement but wants Section 8 related to indemnification modified. The rtwdilleatlon required is to expand the City's indemnification of the District to Mciuds program production and broadcasting. The City holds the franchise that provides for the community Cable operation. The City provides the staff and management for the cable operation. The City Council appoints the members of the Cable Advisory Committee. It is clear the City is responsible for the cable operations. At the staff level, it has been fait that the City is responsible for and, therefore, bible for cable program broadcasts. To Ir demnify the District does not, in stall's opinion, change current condtlons — it only, cladfts existing conditions. ATTACHED SUPPORTING DO(=FNTS: 1. February 28, 1995 letter from the Schad District to James Morrison. 2. March 22, 1995 idler tram James Morrison to VA5sm Manahan. (Chad* oat! 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W Page Taro Mr. James W. Morrison February 28,1995 relationship in this regard has been beneficial to the citizens of El Segundo and has met a community need. We hope that the City will continue to work with the School District in finding a solution that will enable the School District to rescind this notice. Wiiliam A Manahan Superintendent cc: Board of Education Mr. Carl Jacobson Mr. Michael Robbins Mr. Richard Switz Mrs. Jane Friedkin Mr. Liam Weston LBGL-ac (Owjxvd ofix m r•�r •'r `-•Iri X*VdW IMn ITTOMA001ATO :-IQ mmmm (oiri pfd s e ww SIN c9C • 11 ^I 11 • - •IU:.11� -ry .• •',u. In • -. 11 • -.\ J -�`-.• w:• • • w •'• 11 � 11 • L• • • r Ip 1 J • 1 "11� -- 6 I I • rte. IAA :'r' I • .111G 1 • ` -1.` -I •q • : •- • •w': +I; • � 111 I IP•� .. 1 .li•� w }.• ••'In . ^I •'r U • 11 • •- •r '11 r -Iw- u. e.t wYl • 1• '1 1'•.•n- • 1'•'U: I -111: II^'11 -- r {II . -IIAnN I� YI • 1.• .w- ^. h • O' In • ^l' YI �\ .1 114 1. \(.1 •,`. 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ONOW twomww_ wmd*uwoowAw IMVAW U111_ momw 11awed .1M~40 Woo 7 p AOMWIJZ IMIIMM 711 ~ iMM *MAD immorkpingo to Vwm- MMyMMy lW M WAO MI'I�Ib twomupom- W&OWAAW >> Arm, 1/MIr Nt- 111Mgp p"" aF1 Segundo Unified School District 641 SHELDON STREET • EL SEGUNDO, CALIFORNIA 90245 (310) 615.2550 • FAX (310) 64MM SUFERNTENOENT MUTAM N MANAHAN, E&O V March 29, 1995 The Honorable Carl Jacobson, Mayor The Honorable City Council Members City of El Segundo 350 Main Street El Segundo, California 90245 Dear Mayor Jacobson and City Council Members: PAR Z s 1995 C:TY MANAGER'S CEFICp BOARD OF EDUCATION CMRISTINEM SHERRILL Pln*N KEITH WISE MOI PIAfbLM KENNETH N SCHOFIELO CM* ALAN D LEITCH LORRAINE L LOFLIN NFmMi The Board of Education of the El Segundo Unified School District wishes to resolve the matter of the Community Cable Advisory Committee representation issue between the City of El Segundo and the El Segundo Unified School District. It is the feeling of the Board of Education that this issue needs to be put behind us and enable both the City and the School District to proceed with responsibilities that are more pressing and important. Mayor Pro Tem Liam Weston's letter of February 16, 1995, to the Board of Education indicated that the City would be willing to indemnify the School District for any claims relative to liabilities emanating directly from the use of the High School Video Studio to produce and distribute broadcasts over the Community Cable Chamtd. In an effort to work more cooperatively with the City of El Segundo, the School District is agreeable to this proposal. In the Ioint Use Agreement for the use of the Video Studio and equipment at the High School, there is indemnification language that can be expanded to cover the necessary additional potential liabilities. The School District requests that counsel for the City of El Segundo propose the necessary expansion language and submit an amendment to the Joint Use Agreement for the Video Studio and equipment at the High School. This letter should not be interpreted as altering the School District's position that it has responsibilities relative to the production of programs emanating from the Hlsgh School Video Studio The School District agrees with the programming guidelines as specified in the El Segundo Community Cable Advisory Committee SiaWww of Purpose as revised on June 15, 1993. In addition, School District policies and regulations with regards to "political programming" are also applicable in protecting the School District from complaints and potential litigation The use of School District facilities and equipment is covered under Board of Education Policy 1330 -- community Relations: Use of School Facilities (The Civic Center Act). 0"w4d to huwdrwS AdmA and lie aorL.Nr mo$I MiAi aK 6A&V M 40M 47 ereAm"M wl di Atoaw edaoaled, AUdWej1;I% m- o"&-wk tdl)w-4 & «Teat die da46'PBt 9<a pUd aoeiely on 46 2idl `w&Aky The Honorable Carl Jacobson Page Two The Honorable City Council Members March 29, 1995 If the City is agreeable to this proposal and is able to provide acceptable amended language to the current agreement regarding the Video Studio, the notification of termination of the agreement can be rescinded. Superintendent .ate