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1995 APR 18 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items 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 a Ainencans vvith Disabilities it you need special assistance to participate in this nwhng, please contact Jack Hilton, 322 -3769 Notification 48 hours poor to the meeting will enable the City to make reasonable annngeiiieiits to ensure accessibility to this meeting 1 011 ! II W13 ar'VIIJO It 1 Apol 189 1995 - 4• P M 54 t,: 1 11: PLEDGE OF ALLEGIANCE - Councilwoman Jane Fnedkin ROLL, CALL PUBLIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per petson, 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, gt sN) 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 Kilroy Airport Imperial Co. et al v City of El Segundo, Case No. 2 Civ B 058553 3. Summerfield tax litigation, Case No BC 106640 4 Chaffin y of El Segundo, USDC Case No. CV94 4444AWT(BQRx) 5. Hannson vs City of El Segundo et al, USDC Case No. CV94- 8264DT (BQRx) 6 Vivian v. City of El Segundo, Case No BC 122791 7 An Tran v City of El Segundo, Claim Nos. 94 -08, 94 -21 8 Robert Solam v City of El Segundo, WCAB (unassigned) 002 Claims Re Ram Damao, 9. Octabio Ramirez v City of El Segundo, Claim No 95 -02 10 Federico Ramirez v City of El Segundo, Claim No 95 -04 11 John Peters v City of El Segundo, Clain No 95 -04 12 A. J. Neil v City of El Segundo, Claim No 95 -06 13 Bill and Jean Bue v City of El Segundo, Claim No 95 -09 14 Jon Prescott v City of El Segundo, Clain No 95 -11 15 Ed and Susan Ash v City of El Segundo, Claim No 95 -12 16 T L. Douglas Co v City of El Segundo, Clain No 95 -13 17. Tnwell Properties Inc. v City of El Segundo, Claim No 95 -14 18. Bob's Antiques (Bob Rinebold) v City of El Segundo, Clain No 95 -15 19 Cole Industries v City of El Segundo, Claim No 95 -16 20 Jack Siadek v City of El Segundo, Claim No 95 -17 21 Clemens and Kozloski v City of El Segundo, Claim No 95 -18 22 Lester McIntosh v City of El Segundo, Claim No 95 -19 23. Clayton Blank v. City of El Segundo, Claim No. 95 -22 24 ESE v. City of El Segundo, Claim No 95 -23 25 Pacific Science v City of El Segundo, Claim No 95 -24 26. Challenge Noble Inc v. City of El Segundo, Clain No. 95 -28 27 Edward Mowad v City of El Segundo, Claim No 95 -30 28 Reliable Tool v City of El Segundo, Claim No 95 -31 29 B/G Engineering v City of El Segundo, Clain No 95 -32 30 Eddie Paul v City of El Segundo, Claim No 95 -33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 4 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c): 4 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) PUBUC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) ADJOURNNUNT POSTED DATE 41 r aT 1^,- TIME l2 once _ NAME '^ 003 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 18, 1995 - 7:00 P.M. Next Resolution # 3917 Next Ordinance # 1238 CALL TO ORDER INVOCATION - Rev Steve Shields, Supervising Minister of the Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilman Robbins PRESENTATIONS - 1 Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Donna Kreter Assistant Finance Director Laura Lohnes Accountant Gregory Howden Lateral Transfer Police Officer 2 Proclamation declaring April 24 -28, 1995 as "Medal of Valor Week" and honoring El Segundo Firefighter Billy Johnson as a 1995 South Bay Medal of Valor recipient for his outstanding meritorious actions 3 Proclamation commemorating April 30, 1995 as the 25th Anniversary of Old Town Music Hall 4 Presentation by Kathy Darling, Manager of Development, Tree Musketeers, of the "Brown Bag It" Campaign to promote local programs and tree planting efforts in honor of Earth Day on April 22, 1995 ROLL CALL 004 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) A. PROCEDURAL MOTIONS 1 Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1 Public Hearing on the appeal of the Planning Commission's denial of EA -359 and CUP 94 -6 for a car wash with a 2 rack mim -lube facility, and gasoline sales at 639 Sepulveda Blvd The project also includes a 2800 square foot 24 -hour retail store with prepared food and off -site consumption beer and wine sales, which is allowed without a CUP The revised proposal does not include gasoline sales Recommendation - Continue public hearing to May 16, 1995 at the request of the applicant. C. UNFINISHED BUSINESS 1 Status report on Amendment to the Agreement for Joint Use of Video Studio and Equipment between the City of El Segundo and El Segundo Unified School District The School District has rescinded its notice to the City to vacate the Cable Studio Recommendation - Direct staff and Council representatives to continue to negotiate changes to the agreement with the School District. 2 Final approval of Memorandum of Understanding (MOU) between the City of El Segundo and the MTA for the preliminary design and environmental assessment of the proposed Del Norte Station, as amended pursuant to Council direction on April 4, 1995 Recommendation - 1) Appmve the amendment as contained in Section 7 entitled 'limitation of Agreement" 2) Authorize the Mayor to execute the MOU. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1 Approval of revised El Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations Recommendation - Approve the revised El Segundo Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations. 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 1 Warrant Numbers 218460- 218646 on Demand Register Summary Number 39 in total amount of $717,74127 Recommendation - Approve Wan-ant 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 218647-218775 on Demand Register Summary Number 40 in total amount of $376.867 51, and Wire Transfers in the amount of $140,303 00 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 03/25/95 to 04/07/95. 2 w �' OO5 3 City Council meeting minutes of March 21. 1995 and April 4. 1995 Recommendation - Approval. 4 Accept lowest bid in the amount of $61,799 92 from Kustom Signal Corporation and gpprove the purchase of eleven (11) in -car video recording systems Recommendation - Accept the lowest bid and approve purchase. 5 Results of the closed bid process for purchase of a 14 passenger paratransit bus as authorized by City Council Recommendation - Accept lowest bid and authorize purchase from A -Z Bus Sales Inc. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER 1 Authorization to solicit bids for a rescue /ambulance Recommendation - Authorize staff to distribute specifications and accept bids on a new rescue /ambulance vehicle. 2 Authorize the City Manager to enter into Indemnification/Hold Harmless Agreements between the El Segundo Fire Department and Police Department and El Segundo property owners for the exclusive purpose of Fire and Police Department training_ Recommendation - 1) Grant authority to the City Manager to enter into Indemnification/Hold Harmless Agreements. 2) Approval of general Indemnification/Hold Harness Agreement form. 3 Six month review of operating license issued to Stick & Stein located at 707 N Sepulveda as requested by Council Recommendation - Review complaints and conesponding police report on activities at specified address. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Fiiedldn - NONE Councilman Robbins - 1 Problem of unscrambled cable television broadcasts of adult entertainment Recommendation - 1) Give oral status report 2) Discussion and possible action. Councilman Switz - NONE Mayor Pro Tern Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS 3 tr 006 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et s_g) 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 4 00 p in, Apnl 18, 1995 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE * /jT TIME la -QQ-A4 #s NAME — Z23.66 ALa-2 4 toy .ilo.J..�V., l� -.Lak...� .A.t�2.L�A.i}�.�rbsS+.R(n+e6 �M.- /S.�vb.�.JL.r ..._..- .erb[rh.JLN.ii -✓ .uL�.�l�-- .w -..._ ....� PROCLAMATION WHEREAS, the idea of a South Bay Medal of Valor was first conceived in October of 1974, and WHEREAS, the first Medal of Valor Luncheon was held on March 20, 1975 with nine cities and nine chambers of commerce in the South Bay participating; and WHEREAS, the program seeks to recognize safety personnel for heroic acts which so often have in the past gone unheralded, and WHEREAS, each year the Medal of Valor is awarded to honor all South Bay Police and Firefighters who have distinguished themselves by conspicuous bravery, heroism or other outstanding meritorious actions, and for their service to our communities, and WHEREAS, this year, El Segundo is proud to honor BILLY JOHNSON, El Segundo Firefighter NOW, THEREFORE, the City Council of the City of El Segundo, does hereby proclaim April 24 -28, 1995 as to commemorate the heroism and self - sacrifice of past and present recipients of this prestigious commendation Carl Jacobson, Mayor Liam Weston, Mayor Pro Tern Michael D Robbins, Councilman Richard J. Switz, Councilman Jane Friedkin, Councilwoman Ja n\pr lam \m lval 95 , Youth and Community Diggmg in L REE USKETEERS' n a nonprofit corporabo" '�' - Educate March 24,1995 Jim Morrisson, City Manager City of El Segundo 350 Main Street El Segundo, California 90245 Plant Conserve Beautify Preserve Dear Mr Morrisson, TREE MUSKETEERS would like to invite The City Of El Segundo personnel to celebrate Earth Day with us! Please extend our thanks to The City of El Segundo for the support they have given our organization since its founding in 1987 As Earth Day approaches, it is time to reaffirm our commitment to the Earth and her children TREE MUSKETEERS is incorporating a new program, The "Brown Bag It" Campaign, into our 1995 celebration. We hope The City of El Segundo will tool As we near a decade of service to our community and the world, TREE MUSKETEERS will be introducing our first workplacelcommunity fund - raising campaign on Earth Day, April 22, 1995 The "Brown Bag It" Campaign is an opportunity for City employees to participate in Earth Day in a meaningful way, to recognize the efforts of young people helping the Earth This pilot program will be launched as the national fundraising campaign for the youth environmental movement in 1996. The "Brown Bag It" program is simple and flexible TREE MUSKETEERS would provide brown lunch bags with campaign details for distribution to City employees In exchange for their lunch money, participants will receive information on the benefits of tree planting, paper bag recycling and more The `Brown Bag It" Campaign benefits TREE MUSKETEERS local programs and tree planting efforts. Since 1987, we have been good citizens by addressing local quality of life and environmental issues through our Hometown Forests Program One component of this program is TREE HOUSE, a power line property converted to outdoor environmental classroom The 2nd "By Kids -For Kids" Partners for the Planet Youth Summit, a major focus of our National Network Program provides an opportunity for kids across the country to meet, discuss environmental issues and develop action plans The Young Executives Program serves as an innovative multi -level educational model for other youth organizations, provides volunteers hands -on experience of managing their own business and emphasizes leadership, personal growth, grant writing and program development As a result of these efforts, TREE MUSKETEERS retains the position at the forefront of the youth environmental movement Join us in celebrating Earth Day `95 by participating in The "Brown Bag It" Campaign Please call me at (310)322 -0263 for more information on this program Together, we can make a world of difference! Sincerely WIVO Kathy Darling, Manager of evelopmern `•r Fi �oaun(1n CA 90)1s, %,U( . X310) 322 -0263 . liotivie (800 473 -0263 . FAX (310) 322 -4482 P,mf,a 6c„ 1i,„f"A un P, ((,d Pap,, mm W J StOUry00 4 p a a ° a c .. F 4o- o + JfNOOt O` SUPERINTENDENT WILLIAM N MANAHAN Ed D April 12, 1995 El Segundo Unified School District 641 SHELDON STREET • ELSEGUNDO, CALIFORNIA 90245 (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 � ��C n_ tCE, 4, N911`rr�'OE E6UCATION CHRISTINE M SHERRILL Wes'dent KEITH WISE V" Pmodent KENNETH N SCHOFIELD Clerk ALAN D LEITCH Member LORRAINE L LOFLIN Member The Board of Education took action at its April 11, 1995, meeting to rescind the February 28, 1995, ninety-day notice letter regarding the Agreement Between the City of El Segundo and the School District for Joint Use of the Video Studio at El Segundo High School This action was predicated on the good faith effort of the City Council to develop language indemnifying the School District from any and all liabilities relative to the production and broadcasting of programs by the City on the Community Cable Channel The Board of Education reviewed the proposed language submitted by the City and has determined additional indemnification language is required A copy of language submitted by School District's counsel has been submitted to the City Manager. The Board of Education requests that the Superintendent of Schools and the City Manager meet and finalize acceptable and appropriate language that will subrogate lack of representation on the Community Cable Advisory Committee It is the desire of the Board of Education that this final amendment can be submitted to the Board of Education at its May 9, 1995, mating Sincerely yours, William N Manahan Superintendent of Schools WNM rh cc Board of Education 9ed,,4d 70 Awwdmg aGiden4 ad 44, wm wm+ MA an aA4 i lemuwng snae�onnwwl461(1iII94Me4 eduaaled 1"Od t " eoaoaddavowle a" fa rated die duw4myed '7 a 84461 aw,40ty as die 2-id Vnew(w Y 013 AMENDMENT TO AGREEMENT FOR JOINT USE OF VIDEO STUDIO AND EQUIPMENT THIS AMENDMENT ( "Amendment ") to the Agreement Between the City of El Segundo and the El Segundo Unified School District for the Joint Use of the Video Studio and Equipment, dated April 20, 1982, ( "Agreement ") is entered into this day of , 1995, between the City of El Segundo ( "City") and El Segundo Unified School District ( "District ") The parties hereto agree as follows Section 1 Section 1 of the Agreement is amended to read as follows- This Agreement shall be for the term of twenty (20) years, commencing May 1, 1982, and terminating twenty (20) years thereafter Either party hereto may terminate this Agreement, with or without cause, upon the giving of days' written notice of its desire to so terminate this Agreement Upon the giving of said notice and the expiration of days, this Agreement shall be of no further force or effect Section 2 Section 8 of the Agreement is amended to read as follows. City hereby indemnifies and agrees to defend, save and hold the District, its officials, employees and agents harmless from all claims or liability for personal injury, death, property damage or any other damages including but not limited to suits for defamation, intentional or negligent infliction of emotional distress and violation of constitutional or civil rights, ansing out of or in connection with the City's operation of the Video Studio including but not limited to its use of the Video Studio to produce and 1 X14 distribute broadcasts over the El Segundo Community Cable Channel City's duty to defend and indemnify District shall extend to claims or liability arising out of or based on the acts or statements of persons using the Video Studio or Community Cable Channel with the permission or authority of the City District hereby indemnifies and agrees to defend, save and hold the City, its officers, employees and agents harmless from all claims or liabilities for personal injury, death or property damages arising out of or in connection with the District's use of the Video Studio for District controlled or sponsored programming and activities Section 3 The District hereby rescinds its notice of termination of the Agreement, dated February 28, 1995 Section 4 The parties agree that they will comply with all Federal and State statutes, regulations and other laws governing the transmission of televised programming Both parties also agree that they will not unlawfully discriminate on the basis of race, ethnicity, sex, religion, age, disability or other protected status in their use of District facilities hereunder nor permit or tolerate such discrimination by any person whom they permit to use District facilities or allow to participate in programming produced at the Video Studio under their authority City agrees it will comply with all District Board Policies governing Political Activities of School Employees (BP 1311); Advertising and Promotion Public Information Materials (BP 1325), and Use of Facilities (BP 1330) 2 015 Section 5 All Terms and conditions of the Agreement not inconsistent with or to conflict with this Amendment shall remain in full force and effect and City's rights to use the Video Studio shall be governed solely by the terms of this Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written ATTEST City Clerk APPROVED AS TO FORM APPROVED AS TO FORM CITY OF EL SEGUNDO A Municipal Corporation 0 Mayor City Attorney EL SEGUNDO UNIFIED SCHOOL DISTRICT of LOS ANGELES COUNTY BOARD OF EDUCATION By President By Secretary to the Board School District Counsel 3 nl6 1311 (a) Community Relations Participation In Community Life The right of school employees to engage in political activity on their own time is guaranteed by law. On the other hand, school employees have an obligation not to engage in or permit improper use of school time, school materials or school facilities for campaign purposes Under no circumstances should school personnel: 1 Solicit support or campaign contributions on school property during hours of duty 2 Use school equipment for reproductions of campaign materials or school mail service for distribution of campaign brochures 3 Distribute campaign materials on school property Exception Meetings conducted at schools under the Civic Center Act, at which time discussion of political issues and candidates is proper 4 Permit the use of pupils in any way. Campaign brochures or related materials should not be placed in the hands of pupils at any school. While school employees should not conduct meetings for political discussion on school property during duty hours, they, and other citizens do have the right to use schools for meetings under the Civic Center Act. Such use shall in no way interfere with the use and occupancy of the public school facilities required for the purposes of the public schools. U7 1311 (b) Political Activities of School Emj,Lyees (continued) Individual Responsibility in Particig_atina in Political Functions Employees engaging in political activities shall: 1. Realize their primary obligation is to their work as employees of this District 2. Endeavor to make others realize that their utterances and actions are performed merely as individuals and not as representatives of any educational institution. 3 Engage in no political activities on school premises during duty hours Personal Leave For Political Activities Leaves of absence without pay for political activities may be granted for the purpose of being a candidate for political office or for holding political office upon proper request and mutual agreement. (cf 4160 Long -term Leaves Political) Legal Reference EDUCATION CODE 7050- 7057Political Activities of School Officers & Employees 40040- 40047Use of School Property for Public Purposes Policy adopted 13 November 1990 ^19 1325 (a) . . Public Information Materials To cooperate in publicizing community services, special events, and public meetings of interest to students and parents, the Superintendent or designee may approve the distribution of printed materials prepared by governmental agencies or service organizations which extend the community's cultural, recreational, artistic, or educational opportunities Materials to be distributed shall not include. 1 Any material that is obscene, libelous, or slanderous, or which incited students to commit unlawful acts, violate school rules, or disrupt the school's orderly operation. (Education Code 48907) 2 Any material that attacks or denigrates any group on account of sex, race, color, religion, ancestry, national origin, handicap, or disadvantage 3 Any material that promotes a particular religious belief or any religious tract material 4 Partisan materials pertaining to a candidate, party, or statewide ballot measure All informational materials to be distributed shall bear the name and contact location of the sponsoring group Commercial Advertising Advertising of commercial products or services may be distributed in District schools only when prior approval has been granted by the Superintendent District schools shall not distribute unsolicited merchandise for which an ensuing payment is requested r I I 1325 (b) Public information materials approved by the Superintendent or designee may be disseminated by students on a voluntary basis. All surveys or questionnaires requiring student or parent/guardian response must be approved by the -Superintendent or designee prior to dissemination. Students shall not be asked to distribute commercial advertising. (cf. 1111 School- sponsored Publications) (cf. 1321 - Solicitation Of Funds From And By Students) Before publication, the Superintendent or designee shall review all advertising copy to assure that it complies with the provisions of this policy The district will not discriminate against advertisers who meet the above requirements (cf - 5145 2 - Freedom of Speech /Expression: Publications Code) Legal Reference EDUCATION CODE 35160 Authority of Governing Boards 35172 Promotional Activities 40040 - 40047 Civic Center Act 48907 Student exercise of free expression BUSINESS AND PROFESSIONS CODE 25664 ADVERTISEMENTS ENCOURAGING MINORS TO DRINK Bright v Los Angeles Unified School District (1976) 134 Cal Rptr 639, 556 P 2d 1090, 18C 3d 450 Citizen's Lecal Defense Alliance, Inc Jarvis v Miller et. al. Los Angeles Unified School District, Super. Ct., ,Los Angeles County, 1978, No. C 230935 Policy adopted 13 November 1990 Revised 8 September 1992 (9/88 9/89 6/90) 6/92 020 1330(a) •uu . :- The Governing Board shall make available, at each school site, a civic center to be used by citizens and community groups. The Civic Centers will be available Monday- Friday, from 3:00 - 10:00 p.m. for the following purposes, subject to district policies and regulations. 1. Public, literary, scientific, recreational, educational, or public agency meetings (Education Code 40041) 2 The discussion of matters of general or public interest (Education Code 40041) 3 The conduct of religious services for temporary periods, on a one -time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of services provided the Board imposes a charge at least equal to the district's direct costs. (Education code 40041) 4 Child care programs to provide supervision and activities for children of preschool and elementary school age (Education Code 40041) 5 The administration of examinations for the selection of personnel or the instruction of precinct Board members by public agencies. (Education Code 40041) 6 Supervised recreational activities (Education Code 40041) 7 Mass care and welfare shelter during disasters or other emergencies affecting the public health and welfare The Board shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, end shall cooperate in furnishing and maintaining such services as it deems necessary to meet community needs (Education Code 40041.5) 8 Other purposes deemed appropriate by the Board. (Education Code 40041 ) 021 1330(b) The Board shall not grant the use of school facilities for any of the following activities: 1 Any use by an individual or group for the commission of any crime or any act prohibited by law. 2 Any use of school facilities or grounds which is inconsistent with their use for school purposes or which interferes with the regular conduct of school or school work 3 Any use which is discriminatory in the legal sense. 4 Any use which involves the possession, consumption, or sale of alcoholic beverages or any restricted substances on school property. 5 Any use of an office or mainframe or stand alone computer. 6 The use of tobacco is prohibited on school property. .. Fees for the use of school facilities and grounds shall be charged in accordance with the following classifications- CATEGORYI Free Use. When an alternative location is not available, the Board shall not charge any fees for the use of school facilities or grounds by nonprofit organizations, and clubs /associations which promote youth and school activities. These groups include, but are not limited to- Girl Scouts, Boy Scouts, Camp Fire, Inc., parent- teacher's associations, and school /community advisory councils. The Superintendent or designee may require free -use groups to certify to the district that an alternative location as identified by the district is unavailable for their activity. If an alternative location is 022 1330(c) Use of School Facilities available, the district may grant the use of school facilities and charge direct costs for such use Should any free -use group prefer to use school facilities at a time when custodial services are not normally available, the district may charge a fee equal to the cost of those services. The Superintendent or designee shall first ensure the availability of other times when the facility could be provided without charge, and this availability shall be pointed out to the free -use group. CATEGORY II Direct -Costs Fee. Activities other than those specified for free use or fair rental value shall be charged a fee not to exceed direct costs to the district The following activities shall be charged direct costs: a Services conducted by religious groups. b Charitable fund - raising activities which are not beneficial to youth or public school activities of the district, as determined by the Board c Events sponsored by religious or community groups, except those which qualify for free use d Public agencies In lieu of direct costs, the district may enter into a written joint - powers agreement with local public agencies (cf 1410 -Local Agencies) 023 1330(d) e Activities not previously identified which do not fall within the free -use or fair - rental -value classifications and which are included here through subsequent Board action. CATEGORY III Fair - Rental -Value Fee. Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. Fair rental value includes direct costs plus the amortized costs of the facilities or grounds used for the duration of the activity (Education Code 40043) Priority of Users Applications for use of school facilities shall be given preference in the following order. 1 Inschool uses (clubs, class events, etc.) 2 Contracted uses. 3 School support groups and youth groups 4 Public agencies and public affairs groups 5 Community recreational and cultural groups 6 Community special interest groups. 7 Private, nonschool- connected classes and educational events. 8 Profit - making or commercial events, out -of -town groups, etc. Groups or persons using school facilities under the provisions of this policy 024 1330(e) WMARRIMPMe shall be liable for any property damages caused by the activity The Board shall charge the amount necessary to repair the damages and may deny the group further use of school facilities. (Education Code 40043). Any group using school facilities shall be Fable for any injuries resulting from its negligence during such use. The group shall bear the cost of insuring against this risk and defending itself against claims arising from this risk Groups other than free -use groups shall be required to include the district as additional insured on their policies. Because hold harmless agreements are only as strong as the group's credit, CSBA's attorneys believe that districts should generally require proof of insurance rather than rely on such agreements. When a hold harmless agreement appears necessary for an individual facility or a specific event, we recommend that the district ask its legal counsel to tailor it to the situation at hand The superintendent or designee may require a hold harmless agreement when warranted by the type of activity or the specific facility being used Application for Use of Facilities The Superintendent or designee shall maintain application procedures and regulations for the use of school facilities. Regulations shall include, but not be limited to 1 Providing encouragement and assistance for any of the activities listed above 2 Preserving order in school buildings and on school grounds, and protecting school facilities If necessary, a person may be designated to supervise this task 025 1330(f) 3. Ensuring that the use of facilities or grounds under this policy is not inconsistent with the use of the school facilities or grounds for school purposes and does not interfere with the regular conduct of school work Any persons applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group. Unless he /she is an officer of the group, the applicant shall present written authorization from the group to make the application. Persons or organizations applying for the use of school facilities shall submit a statement of information indicating that the organization upholds the state and federal constitutions and does not intend to use school premises to commit unlawful acts (E 1330) (cf 6145 5 - Organizations /Associations) LEGAL REFERENCE EDUCATION CODE 10900- 10916Community Recreation Program 40040- 40047Civic Center Act: use of school property for public purposes ACLU of So Calif v Board of Education of Los Angeles (1961), 55 Cal 2cnd 167 ACLU of So Calif. v Board of Education of San Diego (1961), 55 Cal 2cnd 906 ACLU of So Calif v Board of Education of Los Angeles (1963), 59 Cal 2cnd 203 026 1330(g) Use of School Facilities (continued) ACLU of So. Calif. v. Board of Education San Diego (1963), 59 Cal 2cnd 224 Connell v. H199enbotham (1971), 403 US 207, 91 S Ct 1772 Cole v. Richardson (1972), 405 US 676, 92 S. Ct. 1332 Management Resources: LEGAL ADVISORY 1101 89 School District Liability and "Hold Harmless" Agreements, LO. 4 -89 (6/89 9/87 6/89 12/90) 9/92 Revised 10 March 1992 Revised 9 February 1993 027 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: April 18, 1995 AGENDA HEADING: Unfinished Business Final Approval of Memorandum of Understanding (MOU) between the City of El Segundo and the MTA for the preliminary design and environmental assessment of the proposed Del Norte Station, as amended pursuant to Council direction on April 4, 1995 (1) Approve the amendment as contained in Section 7 entitled "Limitation of Agreement " (2) Authorize the Mayor to execute the MOU 1 Final version of the MOU (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Director of Economic Development 028 7. LIMITATION OF AGREEMENT The only work and expenditure of funds authorized under this MOU is for the environmental assessment and preliminary engineering for the Del Norte Station as set forth in Attachment A and B attached hereto. The execution of this MOU does not create any obligation for either the City or MTA to approve or fund any other aspects of the Del Norte Station pro3ect, including, but not limited to, construction of the station. 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 LAS 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 \onremp \newmou \1 -FINAL MTA 029 MOU MEMORANDUM OF UNDERSTANDING WHEREAS, the City of E1 Segundo (the "City "r has requested that the LPs 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: I. 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. Q ,1 0 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 nit 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. >- Q�? 7. LIMITATION OF AGREEMENT The only work and expenditure of funds authorized under this MOU is for the environmental assessment and preliminary engineering for the Del Norte Station as set forth in Attachment A and B attached hereto. The execution of this MOU does not create any obligation for either the City or MTA to approve or fund any other aspects of the Del Norte Station project, including, but not limited to, construction of the station. 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 LAS 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 \onremp \newmou \1 FMALMTA 033 �u vv Y G[rdl 30UM OAT AMLA ICAM- J1udLL�ybt ,n 'LI j Attachment A WORK PLAN DF.L NORTE STATION PRELIMINARY DF'STGN PRELIMINARY DESIGN, ESTIMATE ASSUMPTTONS 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 dracribed 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 aetimate and document the key physical interfaces. The inclusion of the latter work assures complete compatibility with existing equipment and systems an 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 familiar 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 Acsumotoi1; • Product of efforts are for input to a final design process. A dcsignlbuild 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 clone 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 EWC. (t 3/' __..,. �.0 „ uAt AALA IrAx- J1UJZZ04dL,4 J/ j Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 2 • Manual drafting will be employed - no CARD unless determined to be less expensive. • As -Built drawings and survey of as -built conditions will be provided by the MTA. • Existing geotcchnical 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 M'rA 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 begun no later than July 1, 1995. 035 Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 3 ZUUM OAT AKLA itn+r JIU& /Oddj,; 6 /20 Table 1 Cost Summary (1) Rates are baud on activity during 3rd and 4th quarter 1995. 036 1. Project Table 2 1240 Management & Secretary 2. Project Control Table 3 160 120 _ 3012 3. Administration Table 4 4. Design & _ Table 2 Engineering Outputs (See Attachment) TOTAL 4532 -_ _ $84.31 ._ _ _ $ /HOUR (1) — Cost $382,093 % $of5.8 Million $ Construction Costs 6.6 %n d Mont__ _ Duration of Acstivit _ '' (1) Rates are baud on activity during 3rd and 4th quarter 1995. 036 Attachment A, Work Plan Del Norte Station Preliminary Engineering Page 4 JVUin nAC A=A ILMI- JiUSLtDUtI ;R 8/20 Table 2 Activity Summary Estimate Contracting Plan 30% Plans (See Table 3) Technical Specification Studies Presentation Material Design Criteria Design Review Cycle Cost Estimate Schedule Estimate Proposal Development TOTAL 60 2082 RO 260 140 30 120 160 40 40 3012 ' Support detail contained in COST ESTIMATE SUPPORT DATA, pages of this document. ..1 037 i l 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 17. Structural 292 B Mechanical 300 F. Electrical 650 TOTAL 2082 JIUJLLJbbl.o-lU /YU° 03P .. w � u c_im , JvU 1II t]H1 11itGH ICtf+rl -' ( Table 4 SCHEDULE OF DRAWINGS DRAWING ENGINEER, NUMBER TITLE ' DESIGNER - (:aver -- 2 - _ Inds and Crenarat Notes 10 f n."L 12 Right— of —wuy (Prcyor_ry) Ma,> 32 --- Uusting Utilities 16 Ilorrnontal & Vortical Af —Built •l(((int Aiipment Situ Plan (Crntttnl nmtussions Elavatirms) Corz=wr Road Modiftuattons TOTAT. Plan — Existing Structutcs & Ntooliticut Site Plart Ylaat Play — Platfnmi 19nn - _ lilovatiaas Sr.•ehons '1}Ttcal Details and 1•mWirs r URAI;; Dg5 — do Elevations - North -- V- & F.levatttxls - South TOTAL Jt VJLLtltltll,�lllLU DRAFTER 12 40 52 48 40 24 1 0 16 m 40 _ 99 40 128 24 20 172 7k0 50 30— 40 40 30 50 40 40 40 40 40 50 50 270 290 a m 40 40 40 40 24 60 172 7k0 039 .. ..� vu r v cui ✓r r .�vUirl L1rf( H(K:.F4 It -ArH-` 31 UJLL��ytJ(.efil /lll l DRAWING v� ENGINEER, I NUMBER TIIT.E DESIPNER DRAFTER Ahbrevtxtxtm and byrnhoLs 19nza Lovcl Pl2n - 20 40 - 30 40 ' Platform Tevel Floe 20 _ 20 _ )elevator Machine Rooms - 131am 2nd lectjonN 40 40 _ T_ rackway Walkway KWificatiocs 20 30 TOTAL ^ I40 20 160 40 Abltreviattons aad Symbols " Ott _- PowsaSchcntatic - 40 Uommuntcattoas and Power Cxmduiu 311 :10 Jeltemauc 11= Plan - Ibwer & Ligltling _ 411 _ 411 Platfomt Plan - Povmr & Lighting 30 30 20 T(= Intcrf2m Plan - 40 _ Fature Types & Typical Detals - System Intc_rf2xiktatls. LW. EMTVM 40 -- -^ 60 Plan Level Platform Lcvcl - TLYI'AI, COMPLETE TOTAL C�3ItiBiAIEITQI'i% 30 40 40 - _ 30 280 902 390 1180 040 u ..0 uV I V _V, Ih Jvuili 1)H1 Arr�1 Lr Ml- 01UO2'40d0"gi, /1L COST ESTIMATE SUPPORT DATA U B. C. D. E. F N Project Management Assumes project is four months. Management includes: • Project Manager 1/3 time = 200 • Facilities Manager Full -time 640 • Systems Manager at loo hrs. = 100 • Secretary 1/2 time 300 TOTAL 1240 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 Administration 120 hours required for in -house activities. 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. 30% Plans - See Attachment S 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. 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 041 H. I F _Itlu , .]VU(n OA AMA Ir -JLYI- J111J11J�b1n14/Z(j ( 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. 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. 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). 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. 042 -)VUlh dar ARE-,% [UM- JIU322508i, #15/20_ t K. Cost Estimate A cost estimate for the final, design and construction /procurement effort will be provided. It will be based on a "standard" Linal 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. 043 Del Norte Station Preliminary Engineering ATTACHMENT B - BUDGET SUMMARY 1. Environmental Assessment 2. Preliminary Design 3. Management & Administration — Prelim. Design 4. Contingency TOTAL 6lu0t200a1;;Ib /2U $9'-,000 $600,000 f)4,1 Staff recommends the Board of Directors instruct the RCC to begin preliminary engineering work on the Metro Greta Line El Segundo/Del Norte Station. The purpose of this work 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 tha 11 Segundo/Del Norte Station Federal Turi>key Demonstration Project MTA and RCC activity would be limited to the state and privately funded preliminary engineering worl- /tic ► ; tltil _ • ► ►► ► The El Segundo/ Del Norte station was not included as a station in the original Metro Great Lute project and was not funded nor environmentally cleared. At the request of the F1 Segundo Employers' Association, the LACTC supported the construction 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 funds, private sector contributions, and an infusion of FTA fiords. The MTA has no alternative plans to fund the station nor have any formal funding commitments boa made. i • ► ► • L.eytiLe _ The project preliminary engineering phase, as cun=tly 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 sources. MTA responsibilities for this activity will entail the administration of the rail fund drawdown, the design work and environmental clearance. 'The information used from this exercise will determine the level of funding needed by the turnkey partners. A Memorandum of Understanding 045 -- U 471M - .Jvu In 0H[ ArrA lLtL1]- S1U.1GG�ybj ;T17l2U ___— October 26, 1993 - MTO: ZECMRCAL ADVISORY COMMITIEB PLANNING AND PROGRA11 &GNG'COMM1•I:= FINANCE, BUDGET AND EMCIENCY Cos Anreles County CONMETlEE Meaopoutan THROUGEL Transpotutton FRANIU -J I E. W= Authority FROM: JUDITH A. WII.SON /ALAN F. PEGG M west Seventh Sven SOBJEcr- INSITtUCT THE RCC TO BEGIN PRELTMlTiARX Suite;oo FNGMEERING FOR THE EL SEGUNDO/DEL Los Angela CA 90017 NORTE METRO GRM IJNE STATION RECOMMENDATION zg.6z3-u91 Staff recommends the Board of Directors instruct the RCC to begin preliminary engineering work on the Metro Greta Line El Segundo/Del Norte Station. The purpose of this work 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 tha 11 Segundo/Del Norte Station Federal Turi>key Demonstration Project MTA and RCC activity would be limited to the state and privately funded preliminary engineering worl- /tic ► ; tltil _ • ► ►► ► The El Segundo/ Del Norte station was not included as a station in the original Metro Great Lute project and was not funded nor environmentally cleared. At the request of the F1 Segundo Employers' Association, the LACTC supported the construction 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 funds, private sector contributions, and an infusion of FTA fiords. The MTA has no alternative plans to fund the station nor have any formal funding commitments boa made. i • ► ► • L.eytiLe _ The project preliminary engineering phase, as cun=tly 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 sources. MTA responsibilities for this activity will entail the administration of the rail fund drawdown, the design work and environmental clearance. 'The information used from this exercise will determine the level of funding needed by the turnkey partners. A Memorandum of Understanding 045 _ _., .,,, � �-�•" Twin [UiT �.SA t�1M� J1UJ115yb1,,;jt3 /1(� Planning and Programming Committee - 10/14/93 meeting El Segundo /Del Norte Metro Green Line Station Page 2 (MOU) between the City of Ei Segundo and the MTA for the direction and responsibility of this phase is under preparation by staff. The City of El Segundo and the Various private sector funding partners shall bear respor=bility for any preliminary engineering costs in excess of $600,000. 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 LACTC, in support of the staiion concept, programmed the project in the FY 1991 -1997 Regional Transportation Improvement Program (RTIP) and in the 1992 State Transportation Improvement Program (STIP). Funds were allocated as follows: EL SEGUNDOIDEL NORTE PROJECT STATE RAIL BOND FUNDS LOCAL FUNDS (MTA) OTHER FUNDS (PRIVATE) TOTAL $5.2 )1Mon $1.3 Million $4.1 Killion $10.6 Million The total for the preliminary engineering phase is $600,000 with the following breakdown: .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. 0 46 3vu111 MAI (.:A it�Ln- iluf1259t11;:1y/ = Planning and Programming Committee - 10/14/93 meeting El SegundolDel Norte Metro Green Line Station Page 3 The 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 fora standard Green Line station will probably be in 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 (CF-QA) funded environmental status of the Grew Line will not be impacted by the federal process necessary for this station. The environmental clearance/preliminary engineering process will take betweea 16 - 18 months. KAREN z. HE1T DIRECTOR, SOUTH BAY AREA TEAM 047 _ ' ; I Q-4u-ao , J 40rx 1 wuiti dAY PIO-A Iail- 3103225981 ( ( T20/20 El Segundo Metro Green Line l,. 0 I EL SEGUNIDO CITY COUNCIL MEETING DATE: April 18, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS AGENDA DESCRIPTION: Approval of revised Ell Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations RECOMMENDED COUNCIL ACTION: Approve the revised El Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations BRIEF SUMMARY: The El Segundo Community Cable Advisory Committee (ESCCAC) formed a sub - committee in February to review the ESCCAC Statement of Purpose and El Segundo Community Cable Rules and Regulations Revision was brought to the advisory committee, at their March 22 meeting After discussion, the advisory committee approved a newly revised Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations NOTED CHANGES WERE Statement of Purpose - Added: The City Council is the governing body with final authority Added: I B 7 To provide effective volunteer and intern recruitment efforts 2- All previous verbiage stating 'The Board of Education" and /or "EI Segundo School District* has been deleted from both the Statement of Purpose and the Rules and Regulations 3- V Grievance Procedure A Definition ADDED: 1.a It is not the ESCCAC place to censor program content. It is the responsibility of the ESCCAC to review protests and decide il the program in question is in compliance with the Rules and Regulations Programs can only be accepted or rejected in whole The ESCCAC is prohibited from editing the work of any program which is submitted to it However, the producer, at his or her discretion may re -edit and resubmit the program for airing 1.b The censoring rules outlined above will also apply to the Recreation and Parks Director and City Council, should additional grievance procedures be sought 4- B Protest Procedures 3 b A final decision should be rendered in not more than four (4) months Previous rules was sir (6) months A- Ell Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations, revised March 22, 1995 by the Advisory Committee FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: NONE Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ Date: April Judy Andoe, Recreation Superintendent APPROVED Jim F k reation and Parks Director AO- ESOCAC418 R &P - I 049 EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE STATEMENT OF PURPOSE The E1 Segundo Community Cable Advisory Committee ( ESCCAC), Council and whose members represent the ;rt tieMx . l ", y serves as an advisory cit to the Genamnity G& Buperviser the City Counci and the n-a of Edue_ti_- regarding the policies and procedures surrounding governmental, educational, local origination, and Community programming for Channels 22 and 57 in the City of El Segundo. Pik' htgQ�GS I. FUNCTIONS OF THE COMMITTEE A. To foster the development of Community Programming of interest to E1 Segundo residents. 1. To assess, review and make recommendations regarding the adequacy of Community Access equip- ment and facilities. 2. To make recommendations regarding such things as, but not limited to, program variety and content. 3. To review and modify the complaint resolution process as needed. B. To promote usage and viewership of Community channels. 1. To create maximum interest in local events, people, places, and issues via community cable television. 2. To provide E1 Segundo residents, businesses, and organizations an opportunity to produce and par- ticipate in community television. 3. To encourage the education of E1 Segundo students in community television programming and produc- tion. 4. To encourage and support the production of quality programs of interest to residents of E1 Segundo. 5. To develop and recommend a promotion plan to enhance channel usage and viewership. 6. To review effectiveness of outreach efforts. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 1 Approved by City Council 6/15/93 n— g 050 I. EL SEGUNDO COMMUNITY CABLE (ESCC) RULES AND REGULATIONS GUIDELINES A. Content 1. The "ESCC" Advisory Committee's concern with pro- gram content is limited to ensuring that program material does not violate Federal, State, or local law; that all appropriate rights have been obtained; or that ESCC rules are not violated. 2. All programming subject to approval for airing over ESCC by ESCC Supervisor, using "Statement of Purpose ", ESCC Rules and Regulations, and current station programming schedules as the criteria. B. Prohibitions 1. Presentation of the following material on ESCC Channels 22 and 57 is strictly prohibited: a. obscene (California Penal Code Sec. 311) or indecent material (FCC vs. Pacifica Founda- tion, 438 u.s. 726) b. Any lottery, or any advertisement or infor- mation concerning any lottery C. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation of money or other things of value, unless specifically exempted hereunder. d. Political endorsements of candidates or issues. e. Any material which constitutes libel, def- amation of individuals, companies, busines- ses, or governmental entities, slander, invasion of privacy, publicity rights, unfair competition, and violation of trademark or copyright, which violate any local, state, or federal law. C. Authorizations 1. All users are responsible for the content of their program and for obtaining all rights necessary to cablecast any program material on the system. All users are responsible for providing proof that they have obtained in writing all necessary approvals, clearances, licenses, etc. for the use of any program material which the user cablecast, Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 2 Approved by City Council 6/15/93 ,--Rp3 051, D. E. F. G. H. I. including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers' representatives, all persons appearing in or referred to in program material, and approvals that may be necessary to transmit program material over the cable television system. Community Programming 1. All producers of Community Programming must adhere to section II "ESCC User Guidelines" and Section III "Eligibility ". All programs are to be locally produced through the use of the local community programming studio. Format Requirements 1. All videotapes submitted to ESCC for programming must be supplied on a 3/4" videotape and meet videotape standards: no other format will be accepted. Length of Programs 1. Programs scheduled in half hour time slots must not exceed 28 minutes. 2. Programs scheduled in hour time slots must not exceed 58 minutes. 3. Programs exceeding 58 minutes will be scheduled according to available Channel air time. Logistics 1. All tapes used for ESCC cablecast must be clearly labeled with title, date of production, name of User address and phone number. Both tape and container must be labeled. Delivery and Return of Tape 1. All users must personally deliver and pick -up their own videotapes. Videotapes will be kept for a three (3) month period after the date submitted. After that time, the videotape(s) will be disposed of or recycled. Reservation of Rights 1. Technical Quality a. ESCC reserves the right to reject videotapes which in its discretion do not meet technical standards. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 3 Approved by City Council 6/15/93 --gP4 052 Children a. ESCC reserves the right to schedule or reschedule programs in consideration of children in the viewing audience, and may require viewer discretion tags at the begin- ning and end of each program. Sponsorship Any program which is funded, sponsored or under- written, in part or in full, by any individual, business or non - profit organization shall credit that support in the following manner: "This program was made possible with funds pro- vided by (name of sponsor.) No other address, slogan or other descriptive phrase may be used. This acknowledgement of sponsorship will run for a minimum of _0 seconds at the beginning and end of each one -half hour program with an additional 15 seconds run allowed in the middle of hour long programs. The only audio allowed in this announcement is a voice -over reading of the above sponsorship ac- knowledgement. Political Programming It is the policy of the E1 Segundo Community Cable (ESCC) Division to accept for airing, programming containing political subject matter as long as it adheres to all existing guidelines in the ESCC Rules and Regulations and that all candidates and /or issues involved are given equal access and opportunity to the proposed format. II. ESCC USER GUIDELINES A. User Requirements 1. Users are expected to produce programming which will appear on ESCC. All community producers will be required to submit a program proposal form before production approval. In the course of such productions, a user of ESCC shall never represent to any other party that he /she, or any other person involved, officially represent ESCC in any manner. Violation of this rule will render the user to immediate forfeiture of all privileges. B. Statement of Compliance 1. Before certification, the scheduling of channel time or operation of any equipment, all persons will be required to attend a Video Production Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 4 Approved by City Council 6/15/93 �� S 053 C. D. E Workshop and sign a Statement of Compliance. Fail- ure to sign and adhere to the terms of the State- ment of Compliance will result in the forfeiture of privileges to use ESCC. Indemnification 1. Users must agree to defend, indemnify, and hold harmless the ESCC Advisory Committee, the City of E1 Segundo and the El Segundo Board of Edueatien. and its empleyees and agents, and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of the Operating Policies and Procedures, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. The user must understand that he /she may be criminally or civilly liable for performing or producing such material which is cablecast. The user must agree that he /she shall not represent themselves or any other person involved in ESCC cablecasting or production as an employee, representative, or agent of the ESCC Advisory Committee, the City of El Segundo, the E Segundo Bard of ++dueatien or Paragon Cable. Ownership 1. All video tapes used for Community access produc- tions are the property of ESCC. Producers may obtain 3/4" or VHS copies of programs at the rate posted on the dub rate sheet. Producers may not promise guests free copies of their program, however extra copies are made available at the stated rates. City Licenses 1. Business license under the E1 Segundo Municipal Code and other applicable permits or licenses maybe required of the user. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 5 Approved by City Council 6/15/93 r`' 054 III. ELIGIBILITY A. Residents 1. Any person using ESCC may be required to provide proof of residency in the City of E1 Segundo. B. Non - residents 1. Persons who are authorized representatives of an E1 Segundo based non - profit organization may use ESCC for the purpose of cablecasting programming. In all cases where non - resident individuals re- quest use of ESCC, a written authorization form, signed by the identified member of the institution or organization must be provided. Verification will be conducted by ESCC. Any other non- residents will not be granted access to or use of the station. C. Minors (Persons under the age of 18) 1. Permission a. Minors using ESCC must have on file a signed Parental Consent form. The parent or guard- ian who signs the form assumes responsibil- ity for any liability arising from the minor's use of ESCC facilities and /or equip- ment. 2. use a. Certified minors may work in the studio but portable equipment may only be checked out with the expressed written permission of a parent or legal guardian. 3. Limitations a. Although there is no minimum age restriction, the ESCC Supervisor may refuse to permit a minor to use ESCC at his /her discretion, based on failure to demonstrate knowledge to safely and properly handle equipment. D. Refusal of Service 1. ESCC reserves the right to suspend or revoke the privilege of any user of ESCC who appears to be under the influence of alcohol or drugs; who interferes with the orderly conduct of business; who refuses to cooperate with or in any way mis- treats ESCC employees, interns or volunteers or what would be considered abuse of said parties; who has misused equipment; failed to return it on time; who has violated any rules found in this Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 6 Approved by City Council 6/15/93 ,--KP2 055 Iv. V. E. F. A. A. document; or has in any other way abused the privilege of using ESCC. Nondiscrimination 1. The community programming channels, equipment and facilities shall be made available on a first come, first served nondiscriminatory basis, except for ESCC approved priority cablecasts. Only those programs which meet the E1 Segundo programming criteria as set forth herein and in the E1 Segundo Municipal Code shall be cablecast. Community Programming Eligibility 1. All persons desiring access to E1 Segundo's com- munity programming channels shall produce their programming locally by the use of the community programming studio and /or mobile van. Verifica- tion of local production shall be conducted by ESCC. tid6wel, All persons, whether E1 Segundo residents or nonresidents, must provide a statement indicating their intent to produce their cablecast in the El Segundo facilities. POLICY ESCC Control The ESCC Supervisor reserves the right to schedule all community programming on a nondiscriminatory basis and shall on a regular basis select specific programming, evaluate the day and hour scheduling for programs and prioritize production and cablecast scheduling for upcoming community events of widespread interest. Definition 1. Any person or persons wishing to protest decisions made by the ESCC Supervisor (i.e. in regards to playback scheduling, production scheduling, refusal of program due to content or length, or any conflict arising in question to the ESCC rules and regulations) may file a grievance and request a hearing before the ESCC Advisory Committee. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 7 Approved by City Council 6/15/93 056 B. Protest Procedure(s) 1. ESCC Advisory Committee a. Any applicant wishing to file a protest must submit a detailed report regarding the com- plaint, along with any ESCC forms involved with the dispute to the ESCC Supervisor no later than two (2) weeks prior to an upcoming ESCC Advisory Committee meeting. The applicant will then be placed on the follow- ing meeting's agenda at which time the applicant may present his /her said case. b. If any protest is received by ESCC Supervisor prior to airing of any program that is the subject of protest, the program may still be shown at the discretion of the ESCC Supervisor and subject to a eensensue afit.1 by the Recreation and Parks Director deemed appropriate by the Director. and Superintendent, An emergency ESCC Advisory Committee meeting may be called to assist on the final decision krifii�� Director of Recreation and ParksiSeheal Superintendent Designee. a. Should applicant wish to proceed with a grievance following an ESCC Advisory Commit- tee decision, he /she may do so by submitting Committee reviewed documents, along with Committee findings to Recreation and Parks Director for further review. and an appointed designee frem the Superintendent ef the E! Degunde ________ _______ Dist_____ Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 8 Approved by City Council 6/15/93 ,�_R N 057 b. Upon presentation of grievance, the Director of Recreation and Parks and the Sehee-I . >n, .�. Superintendent will be granted a �,�F;� two (2) month reviewing period, after wRlc'lf"`time the Director and Designee may render their final decisions. F>„ E1 Segundo City Council a. Should applicant wish to proceed with a grievance following the Director of Recre- ation Parks and the Seheel Superintendent designeeLs decision, he /she may do so by sub- mitting all reviewed documents and findings to the E1 Segundo City Council for final review. ' 1` �► E�3 >�.Sr� >CttC�a�i:�3p37is9t�p,�'# b. Upon presentation of all grievance paperwork, the City Council will have a two (2) month minimum reviewing period, after which time the City Council will render the absolute Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 9 Approved by City Council 6/15/93 j VIDEOTAPE TECHNICAL STANDARDS A. All tapes must be 3/4" U -matic cassettes. B. Active video should be between 7.5 and 100 IRE. C. Chrominance must not exceed 80 %. D. Sync and blanking portions of the video should be R.S. 170 standard. E. Playback leader requirements must be as follows: 1. Thirty (30) seconds color bars and tone; 2. Slate: title of program, length, User, date edited; 3. Two (2) seconds of black; 4. Program material; 5. Sixty (60) seconds sync black following end of program. 6. All audio on channels 1 and 2. F. Tape must be of good quality, with no damage or excessive dropouts (no more than 5 per minute). G. Tape must be properly labeled: 1. Program title; 2. Program length - 00:00 (minutes and seconds); 3. Name of User, owner, institution or organization; 4. Production date. H. Tapes not meeting the above standards will be rejected. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 10 Approved by City Council 6/15/93 gyp 1( 059 OF COMPLIANCE A. I have received, read and am thoroughly familiar with the contents of the E1 Segundo Community Cable (E.S.C.C.) operating Policies and Procedures. I understand that the Committee reserves the right to suspend or revoke the privilege of any User to utilize E.S.C.C. if that User is in violation of any of these rules. B. I will thoroughly familiarize myself with the content of any program material to be taped and /or cablecast and agree that it will not contain: 1. obscene (California Penal Code, Sec. 311) or indecent material (FCC vs. Pacifica Foundation, 438 U.S. 728); 2. Any lottery, or any advertisement or information concerning any lottery; 3. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation of money or other things of value, unless specifically exempted under the terms of the agreement; 4. Political endorsements of candidates or issues during electoral campaigns; 5. Any material which constitutes libel, slander, invasion of privacy, or publicity rights, unfair competition, violation of trademark or copyright, which violate any local, state, or federal law. C. I assume full responsibility for the content of all program material and will not violate any right of any third party. D. I have obtained, or will obtain before cablecasting, all approvals, clearances, licenses, etc., for the use of any program which I request for cablecast, including but not limited to approvals by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers representatives and any other approvals that may be necessary to transmit program material over the cable system. I understand that i may be required to submit proof of said documents. E. I agree to defend, indemnify and hold harmless the E1 Segundo Community Cable Advisory Committee (Committee) the City of El Segundo and its employees and agents, the 91 Segundo Unified Sehee Dist .i et and its employees an _gents, and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of this Statement of Compliance, including but not limited to any claims in the nature of libel, slander, invasion of privacy Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 11 Approved by City Council 6/15/93 2 () I D- 060 or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cablecast. F. I agree to assume all liability for my activities at the E1 Segundo community Cable facilities, including but not limited to, use of equipment, injury to self and /or other persons. G. I agree that I shall not represent myself or any other person involved in E.S.C.C. cablecasting or production as an employee, representative or agent of the Committee, the City, the Seheel Distr et or Paragon Cable. H. I agree to pay the costs of any repair or replacement of equipment of materials resulting from damage, misuse, or theft while such equipment or materials are in my possession or control. I understand the penalties that apply if I do not return equipment or materials on time, or if I allow someone not authorized by E.S.C.C. to use the equipment or materials. I. I shall not use E.S.C.C. for any personal gain or other commercial purpose. I understand that programming produced with E.S.C.C. equipment or facilities must appear on E.S.C.C. Channel 22. J. I hereby grant my permission to E.S.C.C. to play without restriction any and all videotapes that I submit for cablecasting. I may revoke the authorization only by giving written notice thereof to the Committee via the E.S.C.C. office. K. I understand that false or misleading statements made in this statement are grounds for forfeiture of the right to use the E.S.C.C. facilities. I am_ am not _ a resident of the City of E1 Segundo. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 12 Approved by City Council 6/15/93 "-�P ►3 061 STATEMENT OF COMPLIANCE (cont'd) Institution or Organisation Address City State User Home Telephone Work Telephone zip Home Address City State Zip Code AUTHORIZED AGENT OF INSTITUTION OR ORGANIZATION Name Signature of Authorised Agent Signature of User Title Work Phone Date Date Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 13 Approved by City Council 6/15/93 '9 e i4 I 1�s2 PRODUCERS PROGRAM PROPOSAL The information requested in this proposal will enable E1 Segundo Community Cable to determine your production needs. Please print or type your answers in the spaces provided, and submit the completed proposal to the Community Program Supervisor. Include your production outline or script with this proposal. PRODUCER'S NAME DATE NAME OF GROUP /ORGANIZATION STREET TELEPHONE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. TITLE OF PROGRAM: 2. 3. 4. S. 6. APPROXIMATE PROGRAM LENGTH: PROGRAM CATEGORY (check one or more): Employment Entertainment Seniors Religious Arts /Cultural Ethnic Bilingual Instructional Sports Disabled Educational Health Children Public Info. News Other DESCRIBE THE AUDIENCE YOU WOULD LIRE TO REACH (i.e. children, seniors, women, minority, general audience, etc.): WHY ARE YOU PRODUCING THIS PROGRAM (work /organization, or related interests)? DESCRIBE PROGRAM FORMAT (i.e. performance, talk show, film, documentary, etc.): Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 14 Approved by City Council 6/15/93 'Z p S o 6 't 7. DESCRIBE THE PROGRAM CONTENT (attach outline or script): 8. LIST THE DATE, TIMES, AND PLACES OF THE EVENTS TO BE TAPED AS PART OF THE PROGRAM: 9. HOW LONG DO YOU ANTICIPATE IT WILL TARE YOU TO COMPLETE YOUR PRODUCTION? 10. DESCRIBE ANY SPECIAL EQUIPMENT OR FACILITIES YOU WILL NEED: 11. LIST ANY PATRONS OR IN YOUR PRODUCTION: YOU WILL BE 12. DESCRIBE ANY SPECIAL PERMITS, IF ANY, YOU WILL BE REQUIRED TO GET FROM PUBLIC OR PRIVATE SOURCES IN ORDER TO TAPE AND /OR CABLECAST THIS PRODUCTION: PRODUCER'S SIGNATURE DATE E.S.C.C. STAFF APPROVAL DATE Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 15 Approved by City Council 6/15/93 --R7 16 064 NAME: CITY: HOME PHONE REQUEST FOR CHANNEL TIME (Pre- recorded programs) ADDRESS: STATE: ZIP CODE: WORK PHONE: I an requesting that the following program, be cablecast on the E1 Segundo Community Cable Television Channel E.S.C.C. 22. I understand that I may be asked to provide proof of residency. I also understand that User, not E1 Segundo Community Cable is responsible for the content of the program and any clearances or license required to cablecast the program stated above will be obtained by the individual making the request. I will certify that this program contains no: 1. Obscene (California Penal Code, Sec. 311) or indecent material (FCC vs. Pacifica Foundation, 438 U.S. 726); 2. Any lottery, or any advertisement or information concerning any lottery; 3. Any commercial advertising or promotional material concerning products or services presented for the purpose of any solicitation or money or other things of value, unless specifically exempted under the terms of the agreement; 4. Political endorsements of candidates or issues during electoral campaigns; 5. Any material which constitutes libel, slander, invasion of privacy, or publicity rights, unfair competition, violation of trademark or copyright which violates any local, state, or federal law. I assume full responsibility for the content of all program material cablecast and will ensure that such program material will not violate any right of any third party. I understand that any program that I submit not produced in this facility will have my full name and E1 Segundo address on the beginning and the end of the program so that if anyone from the public inquires regarding the content of the program, they may contact me directly. Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 16 Approved by City Council 6/15/93 T P q 065 Example Mr. /Ms. has requested this program to be cablecast in E.S.C.C. 22, please direct all inquires to: Name Address E1 Segundo, California 90245 I have obtained, or will obtain before cablecasting, all approvals, clearances, licenses, etc., for the use of any program which I request for cablecast, including but not limited to approval by broadcast stations, networks, sponsors, music licensing organizations, copyright owners, performers representatives and any other approvals that may be necessary to transmit program material over the cable system. I understand that I may be required to submit proof of said documents. I agree to defend, indemnify and hold harmless the E.S.C.C. Advisory Committee and the City of E1 Segundo and its employees and agents, and the H! Segunde Unified Seheel Bistriet and its empleyeea; and agents and Paragon Cable, Inc. and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of this Channel Time Request form, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cablecast. I agree that I shall not represent myself or any other person involved in E.S.C.C. cablecasting or production as an employee representative or agent of the Committee, the City of El Segundo the E! Segunde Unified Behee' Bistr et or Paragon Cable. I hereby grant my permission to E.S.C.C. to play without restriction any an all videotapes that I submit for cablecasting. I may revoke the authorization only by giving written notice thereof of the Committee or E.S.C.C. offices. Signature Date: Series Title Program Title Program Description Program Length Single Program: Y N Series: Y No IF YES HOW MANY SHOWS Revised by ESCCAC 3/22/95 Revised by ESCCAC 7/8/92 17 Approved by City Council 6/15/93 TP Iff r 066 PARENTAL CONSENT FORM I hereby affirm that I am a resident of the City of E1 Segundo and the parent and /or legal guardian of who is 18 years of age and who resides at I hereby assume all liability for his /her activities at the E1 Segundo Community Cable facilities, including but not limited to his /her use of E.S.C.C. equipment, the content of any programming produced or submitted for cable cast, injury to self and /or other persons. I have read and understand the E.S.C.C. operating rules, and I agree and understand that my son, daughter, or ward will be operating various kinds of television production equipment and will be expected to conform to all requirements that are in effect for adult Certified users of the E.S.C.C. equipment and facilities. I agree to defend, indemnify and hold harmless the E.S.C.C. Advisory Committee, and the City of E1 Segundo and its employees and agents, and the H! Segunde Unified Seheel Distriet and its __,....___ agents, and Paragon Cable, Inc, and its employees and agents against any claims arising out of any use of the program material that is being cablecast or any breach of this Parental Consent form, including but not limited to any claims in the nature of libel, slander, invasion of privacy or publicity rights, non - compliance with applicable laws and unauthorized use of copyrighted material. I understand that I may be criminally or civilly liable for performing or producing such material which is cable cast. I agree that I shall not represent myself or any other person involved in E.S.C.C, cablecasting or production as an employee, representative or agent of the Advisory Committee, the E 0_x..._..1._ Unified Sehe .1 n: _l_L et the City of El Segundo, ____ __ __�__.__ _______ ________ or Paragon Cable, Inc. I understand that this consent and the representations made herein may only be revoked by my written notice to E.S.C.C. 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LL ■ ■ 1 LL O I G > C FI < m x O O 069 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 03125195 THROUGH 04107195 Data Payee Amount 03/25/95 IRS 118,654 70 03/25/95 Emp Dev Dept 21,648 30 Total by Wire $140,303 00 Description Federal Payroll Taxes P/R # 20 State Payroll Taxes P/R # 20 DATE OF RATIFIACTION: 04118195 TOTAL PAYMENTS BY WIRE: $140,30300 Certified as to the accuracy of the yore transfers by City Director of Date Date City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 070 DRAFT WHNUTM OF TM 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 Friedkm 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 Only) - 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, e,.1. 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None 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 Due 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 - 071 W-.` 22. Bob's Antiques (Bob Rmebold) v City of El Segundo, Claim No 95 -15 23 Cole Industries v. City of El Segundo, Chum 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 El 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 TAKEN 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 Cindy Mortesen, City Clerk 2 072 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 Fnedkm 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 H/Economic Development Department Hyrum Fedje, 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 Daffodil 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 Fnedkin - 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 1 073 i. 1.0., _ y 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 approve a Memorandum of Understanding between the WA and City for preliminary design of the Station 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 WITHDRAWN 5 Liz Garnholtz, 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 Robbms� t1 Wl not participate MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm to not endorse the MOU MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; COUNCILMAN SWTCL, AND COUNCILWOMAN FRIEDKIN NOES: MAYOR PROTEM WESTON, NOT-PARTICIPATING; MAYOR dACOBSON, AND COUNCILMAN ROBBINS 2/1/2 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 Fnedkm to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 COUNCILMAN ROBBINS ITEM #1 TAKEN OUT OF ORDER 1 Unscramble Cable Television Broadcasts of Adult Entertainment 2 074 DRAFT Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints, and Wall 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 4 Presentation 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 June 30, 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 (MTA) 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 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 3 075 DRAFT MOVED by Councilman Robbins SECONDED by Councilwoman Friedkm 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. MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm 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 SWrM AND COUNCILWOMAN FRIEDKIN. 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 adding 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-% III -A, 111-11, III C, HI-D, TV -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, 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 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 4 076 DRAFT 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 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. 510 City Attorney Lee Dolley read the following 3 ; � Cli�`►[N��LtJ1EF�il 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 FAC ITIES 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 Fnedkin to adopt Resolution No 3912 amending Resolution No 3448 relating to sewer use fees. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 C. UNFINISHED BUSINESS - Mayor Jacobson and Councilman Robbins � mot participate 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 5 077 DRAFT Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N Nash Street City Attorney Lee Dolley read the following 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 WAREHOUSE/OFFICE BUILDING LOCATED AT 605 -607 N. NASH STREET. PETITIONED BY: KATLIN FEUERSTEIN, CARING COMMUNITIES ASSOCIATES. 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 SWTI& NOT - PARTICIPATING: 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 El 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 6 078 MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkm 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 SW1TZ, COUNCILWOMAN FRIEDKIN. NOES; NONE. NOT - PARTICIPATING; COUNCILMAN ROBBINS 4/0/1 F. NEW BUSINESS - CITY MANAGER G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE L NEW BUSINESS - CITY TREASURER - NONE .I NEW BUSINESS AND REPORTS - CITY COUNCH.MEMBERS Councilwoman Friedldn - 1 Formation of a new Joint Powers Authority, the South Bay Cities Council of City Attorney Lee Dolley read the following RESOLUTION NO. 3915 A RESOLUTION OF THE CIT COUNCIL OF THE C1TY 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 Unscrambled Cable Television Broadcasts of Adult Entertainment ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 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 079 t_ 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 Onlv - 5 minute limit) 1 Nikki Wislocky, resident, spoke regarding 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, 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 Mayor Jacobson and Councilman Robbins did'not participate 1 Lori Duston, and Hugh Greenup of Kilroy again addressed Council regarding the Del Norte Station Ms Duston gave Council two more alternatives, and requested that they could return at the April 4, 1995 meeting MEMORIALS - 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 in , March 21, 1995 under "Closed Session" (if needed). ADJOURNMENT at 10 56 P M to April 4, 1995 at 5 00 P M e 1 080 MINUTF3 of Tn$ ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL April 4, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5.00 P M PLEDGE OF ALLEGIANCE - Councilman Switz Mayor Jacobson - Present Mayor ProTem Weston Present arrived at 5.15 P M. Councilman Switz - Present Councilman Robbins - Present arrived at 5 10 P M Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et Leg.) 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 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 94 -08, 94 -21 T Danny Dye v. City of El Segundo, WCAB Case # Unassigned, Claim #92- 0200 -0055 Claims Re Rain Damage 8 Octabio Ramirez v. City of El Segundo, Claim 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, Claim 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 Tnwell 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, Claim No 95 -19 Fi 081 DRAFT 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, Claim No. 95 -33 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 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) - NONE PUBLIC COMMUNICATIONS - (Related tD City Business Only - 5 minute limit) NONE ADJOURNMENT at 6 55 P M Cindy Mortesesn, City Clerk E (182 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO MY COUNCIL APRM 4, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 04 P M 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 Barbara Pearson, Director of Library Services received the Proclamation from Councilman Switz 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" Linda Robinson, Inspector, Building Safety received the Proclamation form Mayor ProTem Weston Proclamation declaring the month of April as EARTHQUAKE PREPAREDNESS MONTH in the City of El Segundo Fire Chief Jake Neilson, received the Proclamation from Mayor Jacobson 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) Ten (10) individuals addressed Council George Wiley, Rockwell, requested to speak on item F -I Bill Manahan, Superintendent of School discussed the El Segundo Unified School District about the District's proposal to lease the Imperial School site to Children's Discovery Centers Council consensus to schedule another meeting with the School Board representatives and the Council representatives to further discuss this matter Mayor Jacobson and Councilman Robbins left the dies, and did not participate on the following topic 3 Karen Ackland, Economic Advisory Council, stated that the Council supports the Del Norte station and urges the City Council to approve the MOU 4 Lon Duston, Kilroy Industries, requested 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 MIA and City for preliminary design of the Station 5 Karen Director, MTA, encouraged the Council to sign the MOU, the f*oj @at is going 4e and ffifoffii resulting congestion management plan would be beneficial to the city 6 Don , Cam h � "O' p , ,,, ...,;Employers Association, stated that the station is included in the cities General Plan, and the urban mixed uses is conducive to a station being planned in that area Nancy Cobb, Chamber of Commerce stated that they support the Del Norte Station MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm to approve the concept of the MOU, with the inclusion of language stating that the City will be consulted after the preliminary engineering is done, and a decision on whether or not to commit to moving forward with construction of the station will be made at that time MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR PROTEM WESTON, COUNCILMAN SW1T7, AND COUNCILWOMAN FRIEDIM. NOES: NONES. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS. 3/0/2 Mayor Jacobson and Councilman Robbins returned to the dies P HON DRAFT 8 Nancy Cobb, Chamber of Commerce, announced that the 3rd annual "Take your daughter to work" program is April 27, 1995, and host companies are being provided through the Chamber Bill Cambell, resident, spoke regarding the Imperil Street School site 10 Mrs Annette Latshaw regarding 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") ITEM BROUGHT FORWARD FROM LATER IN THE MEETING Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing requirements and Zoning Code provisions for alcohol sales Mayor Jacobson requested that the AUP and/or CUP process on all alcohol permits be brought up at the next General Plan review I A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Councilman Robbins SECONDED by Councilman Switz to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 510 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 Assistant City Attorney Tun Cremin 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 MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkm to adopt Ordinance No 1237, amending sections 7 20 130 and 7 28 080 of the El Segundo Municipal Code regarding Public Sewer facilities regulations MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 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 (S7,500) Director of Public Works, Ed Schroder, gave a brief staff report MOVED by Councilman Robbins SECONDED by Councilman Swntz to approve Contract No 2388, for Traffic Impact Analysis to develop recommendations for a traffic un ac,tp/m�'//i(t�i ai�tn`o6n�//�f�ee rgo¢fr�a%m (529,86�0,�)���{�_M<r��OjT�Iy�O�N PASSED BY UNANIMOUS VOICE VOTE 5/0 °'fir" 3tR� 7i�`97N 711%77/i7 ` /, /,iF 14d8n4i�Y�l RECESS 9:15 p m RECONVENE 9:26 pm. D. REPORTS OF COWAnTEFS, BOARDS AND COMMISSIONS 2 0 FR -SAMA 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 I Warrant Numbers 217998 - 218108 on Demand Register Summary Number 36 in total amount of $10,515,696 63 2 Warrant Numbers 218109- 218327 on Demand Register Summary Number 37 in total amount of S730,05827 3 Wan-ant Numbers 218328 - 218459 on Demand Register Summary Number 38 in total amount of $64,596 88, and Wire Transfers in the amount of S 151,512 92 4 ITEM CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 6 Award Contract No 2389, for Maple Avenue Street Improvements west of Hillcrest Street, Project No PW 94 -13, to DJ Construction (contract amount - $16,802 95) 7 ITEM PULLED BY MAYOR JACOBSON DUE TO A CONFLICT OF INTEREST. MOVED by Councilwoman Fnedkin SECONDED by Councilman Switz to approve Consent Agenda items Numbers 1, 2, 3, and 6, MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 4 City Council meeting minutes of March 21, 1995 Councilman Robbins requested this item be held over to April 18, 1995 meeting 7 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) MOVED by Councilman Switz, SECONDED by Councilwoman Fnedkm to adopt plans and specifications prepared by Caltrans for the Nash Street - Douglas Street One -Way Couplet Project (estmrated cost to the City $500,000) MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WESTON, COUNCILMAN SWIM, AND COUNCILWOMAN FRIEDIDNN. NOES: NONE NOT - PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 3/0/2 F NEW BUSINESS - CITY MANAGER I Request by Rockwell International for consideration to name the new connector road between Douglas and Nash streets as Lee Atwood Way George Wiley, Rockwell, urged Council to approve this and gave a history of Mr Atwood, Bill Mason, Chamber of Commerce, urged Council to approve this Steve Storm, resident, stated streets are named after former manufactures, perhaps North American would be more fitting J Wilson, resident, suggested several names for the connector street MOVED by Councilman Swuz SECONDED by Mayor ProTem Weston to approve the name of the new connector road between Douglas and Nash streets as Atwood Way MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, AND COUNCILMAN SWITZ NOES: COUNCILMAN ROBBINS AND COUNCILWOMAN FRIEDKIN . 3/2 2 Proposed resolution to standardize City of El Segundo's fee structure for duplication of public records Assistant City Attorney Tim Cremms read the following RESOLUTION NO. 3916 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING • STANDARD DUPLICATING FEE FOR PUBLIC RECORDS BASED ON THE COST OF EQUIPMENT AND PERSONNEL ONLY. MOVED by Councilwoman Fnedkm SECONDED by Councilman Switz to adopt Resolution No 3916 standardizing the City of El Segundo's fee structure for duplication of public records MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDIGN. NOES: COUNCILMAN ROBBINS 4/1 Councilman Robbins requested, for the record, his no vote was do to the excessive costs represented in the Resolution ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING ng.c; DRAFT Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing requirements and Zoning Code provisions for alcohol sales Modification of Agreement between the City of El Segundo and the El Segundo Unified School District for Joint Use of Video Studio and Equipment Council received and filed the agreement and requested this item be brought back to Council after the School District has made their input regarding this matter G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE NEW BUSINESS - CITY TREASURER - NONE J NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman FliedWn - [See item listed below under Councilman Switz regarding early turns at LAX] Councilman Robbins - 1 Problem of unscrambled cable television broadcasts of adult entertainment Assistant City Attorney Tun Cremms stated that obscenity is not easily defined and it would be difficult to prove Directed staff to contact the FCC and appropriate authorities 2 League of California Cities Plamrers' Institute. Stated the excellence of the institute 3 City-wide CPR training and certification program Directed Staff to work with existing organizations and Fire Department to publicize affordable First Aid and CPR Training classes for the General Public Councilman Switz - 1 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 Steve Strom, Noise Abatement Committee presented a report, requested staff to setup a meeting with Mr Driscoll and the appropriate authorities to present the data gathered, and to request a response of what is to be done, requested the status of the sound installation program Mayor PmTem Weston - Reported on the South Bay Cities Association and the approval of the widening of Aviation Blvd, and the electron of Jane Fnedkin to the Community Economic, Housing and Development Committee Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - S minute limit) one (1) individual addressed Council J Wilson, resident, suggested a public street nominating committee, or contest for naming all new streets MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 10 47 P M to April 18, 1995 at 4 00 P M Cindy Mortesen, City Clerk 4 ()86 I r EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: April 18, 1995 AGENDA HEADING: Consent Accept the lowest bid in the amount of $61,799.92 from Kustom Signal Corporation and approve the purchase of eleven (11) in-car video recording systems. Accept the lowest bid and approve purchase. BRIEF SUMMARY: At the February 7, 1995 meeting of City Council, the Police Department asked for and received permission to advertise for competitive bids regarding the purchase of eleven in-car video recording systems for its marked police fleet On February 24, 1995, the Director of Finance issued a Request For Bid to various suppliers. (#9804) On March 31, 1995, the bids received were opened. The following are the results - Alpha Cam Total $61,886.33 Docucam $60,251.95 + Installation costs which were not specified. Kustom Signal $61,799.92 Based on the bids received and input from the Police Deparbnent, it is recommended that the bid from Kustom Signal be accepted. Memorandum from Lt John Ogden Agenda Item from February 7, 1995 with supporting documents (Check one) Operating Budget: XX Capital Improv. Budget: Amount Requested: $61.799.92 ProjectlAccourd Budget: $86.666 ProjecUAccount Balance: $80,864.67 Date: 4/5195 Account Number. 109 - 400 - 3105 -8104 Project Phase: in Required - Yes_ No Director of Finance Morrison, City `1 - 'c 55, q- //-K- 087 FN -I -001 INTER - DEPARTMENTAL CORRESPONDENCE April 5, 1995 To Steve Klotzsche, Finance Director From John Ogden, Lieutenant /�li' Subject In -Car Video Camera Bid Review 1 have reviewed the three bids received as well as correspondence from PATCO regarding the in -car video systems and offer the following comments and recommendation PATCO is the parent company of one of the respondents- Kustom Signal Their letter, received March 6, 1995 by the City Clerk states that PATCO holds several patents inherent to the operation of in -car video recording systems I have checked with PATCO and all of the respondents in our bidding process are in compliance All bids received are well within the budgeted amount and all equipment appears to be currently in production Alpha Cam - Price Per Unit $4,654 Total Price me tax $ 55,417 05 The quoted price is not in compliance with the specified requirements of the bid They list an option sheet with those items which would bring them into compliance Total cost per unit/total price should reflect- $5,164 and $61,490 33 Freight is listed at an additional $396 00 - Total of $61,886 33 They offer a two year warranty Installation included CMI- Docucam- Price Per Unit $ 5,060 Total Price me tax $ 60,251 95 No installation costs included No estimate of cost given They comply with all areas except- No fireproofing /bullet resistant material surrounding vault, no heat/cooling pump for vault included in price, no external indicator light to insure recording The first two areas are of importance in that in the event of a traffic collision the fireproofing and heavy -duty resistant material will insure the recorder remains intact thus preserving valuable recorded evidence. The heating /cooling system as proposed draws air from the passenger compartment This is not acceptable Optional methods available but not priced Two year warranty Kustom Signal - Price Per Unit $ 5,170 Total Price me tax $ 61,561 77 The quoted price is not in compliance with the specified requirements of the bid They list an option sheet with that item which would bring them into compliance Total cost per unit/total price should reflect- $5,190 and $61,799 92 1': All other areas meet/exceed specs Price includes installation, shipping and handling FN -I -002 Kustom Signal installed a demo unit in one of our police units and it was found to function properly and reliably One year warranty Recommendation: Alpha Cam $ 61,886.33 Docucam $ 60,251.95 + Unknown installation costs. Kustom $ 61,799.92 Based on the fact that we have field tested the Kustom Signal unit and found it to meet or exceed our expectations of an in -car video recording system The control center is made to be mounted on the headliner unlike the other two bidders who can adapt theirs to fit This is important to our application Kustom has been very responsive to date, I recommend that we proceed and purchase their system MW FN -I -003 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Approve the purchase of 11 in -Car Video Camera Systems for the Police Department using Asset Forfeiture funds at a cost not to exceed $60,000, and authorize staff to advertise for competitive bids. Approve the request and authorize staff to advertize for bids. BRIEF SUMMARY: The Police Department has identified in-car video taping systems as one tool which would have useful applications in training, increasing criminal prosecutions and reducing possible civil liability exposure. Approved in the FY 93194 budget was a request by the Police Department for the purchase of In -Car Video Camera systems for it's 11 marked police units. This Capital Equipment Justification had an estimated expenditure of $86,666. At the December 21, 1993 City Council meeting, approval was given to purchase one unit on a sole source basis from the Crim -Tee Corporation to assist the Police Department in determining if it would meet the prescribed goals and objectives. After several technical delays by the manufacturer, we took delivery of the unit in May 1994. Unfortunately, the system continued to malfunction and it was returned to the factory for repair. The Crim Tec Corporation has since Tiled for bankruptcy and our City Attorney's office is proceeding with our claim. Because the Police Department still believes this is a valuable tool, we received on loan in December 1994, another system from a different manufacturer for review. it has performed well and has in fact already assisted in the adjudication of an alleged claim of misconduct by an officer. Had we not had the video tape for review, which clearly showed no wrong doing by the officer, many hours of investigation may have been spent looking into the claim. Recommendation and Review: Based upon the success other police agencies have had with in-car video cameras and the results from our 5 week evaluation period, I am recommending that the expenditure of funds not to exceed $60,000 be approved for the purchase of 11 in-car video camera systems. Capital Equipment Justification FY 93/94 Staff Report dated December 9, 1993, by Chief Gnmmond City Council Agenda Item dated December 23, 1993 Staff Report dated January 27, 1995, by Chief Gnmmond FISCAL IMPACT: (Check one) Operating Budget: Capital improv. Budget: X_ Amount Requested: $60.000 Project/Account Budget: $86.666 Project/Account Balance: $80.864.67 Date: 1/27/95 Account Number. 109. 400 - 3105 -8104 Project Phase: Appropriation Required -Yes_ No X RIGINA ate: January 27, 1 9 James W Morrison, City Manager ACTIO TAKEN: FN -I -004 090 a4r W`& (2'eywndo INTER - DEPARTMENTAL CORRESPONDENCE January 27, 1995 To James W Morrison, City Mana r From Tim Grimmond, Chief of Po Subject. In -Car Video Camera Systems Proposal: It is proposed that Asset Forfeiture funds not to exceed $60,000 be approved to purchase 11 in -car video camera systems for the Police Department's marked fleet. Background: The Police Department has identified in -car video camera systems as one tool which would have useful applications in training, limiting civil liability exposure and assisting in criminal prosecutions in FY 93/94, the Police Department requested and was given approval to use Asset Forfeiture funds totaling $86,666 for the purchase of such systems Approval was given by City Council at their December 21, 1993, meeting to purchase one unit on a sole source basis for validation. This particular unit from the Cnm -Tec Corporation had manufacturing delays and when delivered and installed was found to be defective It was sent back to the manufacturer for repair and the company has subsequently filed for bankruptcy protection. Our City Attorney has filed a claim in Bankruptcy Court to attempt to protect our expenditure Since that time, staff has continued to research the different systems available and in December 1995, another system was received on loan for our evaluation. This system, manufactured by Kustom Signal, has performed flawlessly During the evaluation period, a patrol supervisor received a citizen's complaint of misconduct by an officer Because the officer had been driving the video camera unit, the supervisor was able to pull the video tape and review the incident which clearly showed no acts of wrongdoing Had the tape not been available, it can be anticipated that many hours of investigative time would have been spent on following -up the complaint Recommendation and Conclusion: Those police departments which currently utilize video camera equipment in their marked fleets have proven that they will assist in the reduction of false accusations of improper conduct, out of court settlements and court time In the short exposure we have had with the systems, I conclude that these devices can only assist the department in meeting its stated goals and objectives Approved James W Morrison, City Manager M6111 FN -I -005 CIT1' of EL SEGUNDO ADOPTED BUDGET CAPITAL EQUIPMENT JUSTIFICATION Department: Asset Forfeiture Budget Year: 1993/94 Account Number: 3105 -8104 ADDITIONAL EQUIPMENT DESCRIPTION Item Requested: Video Incident Capture System Proposed Make: CRIME TEC Description and Specifications: Video Incident Capture System (for police patrol units) with 6X Zoom Lens Camera, included equipment: (1) Programming Unit, Radar Modification and Extended Maintenance Program. No. requested: 13 Unit Price: $6,095 Other Costs: Installation and Transportation, etc. Allowance for Inflation: Sales Tax: Total Cost: Total Price: $ 79,235 Source of Quoted Price: Aim Tec - Richard Johnson, Director of Sales Date of Quotation: 2/1/93 Valid Until: 3/1/93 Purpose of Equipment: A Video Capture System allows the independent recording of police contacts. This would reduce false accusations of improper conduct, out -of -court settlements, reduce court time, etc. Equipment To Be Used By: Patrol Personnel Justification and Explanation of Need: It is apparent that police officers need more protection from lawsuits, false accusations and court room testimony. This system assists in that protection. Submitted by: M. Tavera Title: Lieutenant - 336 - 092 FN -I -006 TO THE EL SEGUNDC _ITY COUNCIL MEETING DA-.: December 21, 1993 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT -------- --------- --- ---------- --- - - - - -- - --------------- -- AGENDA DESCRIPTION: Approve the purchase of one In -car video tape incident capture system on a sole- source basis using Asset Forfeiture funds not to exceed $6,500. COUNCIL ACTION: Approve the purchase as proposed on a sole- source basis. BRIEF SUMMARY: The Police Department has identified in -car video taping systems as one tool which would have useful applications in training, increasing criminal prosecutions and reducing possible civil liability exposure. In FY 93 -94, the department requested and was given approval to use Asset forfeiture funds totaling $86,666.00 for the purchase of such a system for it's marked police fleet. Staff has subsequently conducted a needs assessment regarding the application and reviewed various devices available. Three manufactures were invited to give demonstrations and three others were reviewed from printed material. Some of the factors used in determining a system included ease of operation, system security and integrity, warranty, serviceability, cost, features, past record with other user agencies and lastly, how does it meet the unique needs of our department. Staff has concluded that after review of all the systems, GRIM TEC's product best meets our needs. CRIM TEC offers a system which has a proven track record, has survived close court scrutiny, offers features not found on other system such as both officers in a two officer unit being able to record their conversations on independent sound tracks, and a heated /air conditioned trunk mounted "vault" for the tape recorder. The recorder they use is virtually tamperproof which lends further validity to the tape. The cost of the CRIM TEC system is also lower than some of it's competition. No other system reviewed offers all of these features. It is felt at this time that the purchase of one unit for evaluation would be a more prudent application of funds due to the total cost involved in outfitting the entire patrol fleet. Unfortunately, CRIM TEC does not offer demonstration models due to the high cost of installation. Recommendation and Conclusion: It is recommended that funds be approved for the purchase of one system for evaluation. Departments who currently utilize video capturing systems had proven that they will assist in the reduction of false accusations of improper conduct, out -of -court settlements and court time. ---------------------------------------------------------------- ATTACHED SUPPORTING DOCUMENTS AND WHO PREPARED THEM: Staff Report, dated December 9, 1993, Tim Grimmond, Chief of Police FISCAL IMPACT: Amount Requested: $ 6,500.00 Budgeted Amount: $ 86,666.00 In Account Number: 3105 -8104 Deficit: $ -0- Revenue Source: Asset Forfeiture ORIGINATOR: Tim Grimmond, Chief of Police Date: December 13, 1993 -- -- -------------------------------- ------------------------------------------------------------- REVIEWED BY: James Morrison, City Manager Date: ---------------------------------------------------- --- - - ---- ACTION TAKEN: 093 FN -I -007 INTER - DEPARTMENTAL CORRESPONDENCE December 9, 1993 To: James W Morrison, City Manager From: Tim Grimmond, Chief of Police Subject- In Car Video Taping System Proposal: It is proposed that Asset Forfeiture funds not to exceed $ 6,500 be approved for the sole - source purchase of one in car video taping system and a sufficient amount of video tapes. This unit will allow for the Police Department to assess the usefulness of such a system prior to purchasing units for the remainder of the marked patrol fleet. Background: The Police Department has identified in car video taping systems as one tool which would have useful applications in training, field activity review, increasing criminal prosecutions, and reducing possible civil liability exposure In FY 93 -94, the Police Department requested and was given approval to use Asset Forfeiture funds totaling $ 86,666 for the purchase of such a system for the marked police fleet. Staff has determined the specific needs of the department and researched the various devices currently on the market. Some of the factors used in defining the system included ease of operation, warranty, cost, serviceability, past user record and systems security. Three vendors gave demonstrations and three others were reviewed via their printed material. Staff has concluded that CRIM -TEC Systems Inc offers a program which is far superior and will meet the department needs. The CRIM TEC system is unique in that it allows for both officers in a two officer car to have independent recording capabilities. Other features include security and systems integrity measures that make the unit less vuleunable to court scrutiny, heated /air conditioned trunk mounted recorder "vault ", and a virtually tamperproof recording device. The CRIM TEC system also costs less than some of it's competitors. It is felt at this time that the purchase of one unit for evaluation would be a more prudent application of funds due to the total cost involved. Unfortunately, CRIM TEC does not offer demonstration models due to the installation costs associated with such a system. Recommendation and Conclusion: It is recommended that funds be approved for the purchase of one system for evaluation. Those departments who currently utilize video incident capture syster- -s have proven that they will assist in the reduction of false accusations of improper conduct, out -of -court settlements and court time This device will also serve as a training aid to officers in the performance of their duties. I therefore conclude !- this is a device that can only assist the department in meeting its stated goals are objectives Apprc ed James W Morrison, City Manager 094 FN -I -008 EL SEGUNDO CITY COUNCIL MEETING DATE: April 18, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Results of the closed bid process for purchase of a 14 passenger paratransit bus as authorized by City Council Accept lowest bid and authorize purchase from A -Z Bus Sales Inc BRIEF SUMMARY: December 20, 1994 the City Council approved the expenditure of Prop C funds for the purchase of a new 14 passenger paratransit van On February 24, 1995 a request for bids was issued to a list of approved vendors The following bids were submitted and opened on March 31, 1995 California Bus Sales- 2716 S Cherry Ave , Fresno $48,722 Creative Bus Sales- 5451 Commercial Drive, Huntington Beach $48,286 A -Z Bus Sales Inc 12020 Riverside Ave , Colton $47,293 The General Services Manager and the Director of Recreation and Parks have reviewed the responses and both are recommending that the lowest bidder be given the purchase order ATTACHED SUPPORTING DOCUMENTS: Memo from General Services Manager recommending the purchase from the lowest bidder FISCAL IMPACT: $47,293 (Check one) Operating Budget: X Capital Improv. Budget: Project/Account Budget: $50.000 Project/Account Balance.$50.000 Date: 4 /10/95 Account Number. 114- 400 -0000 -8105 Project Phase: Appropriation Required - Yes, No X Date: Steve James Manager FN -II -001 095 CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: April 7, 1995 To: Steve IUotzsche, Director of Finance From: John W. Hilton, General Services Manager Subject. RECOMMENDA77ONFOR PURCHASE OFA FOURTEEN (14) PASSENGER PARATRANSIT BUS - BID NO. 9503 A generic specification was developed to accommodate a large percentage of bus manufacturers. Jim Fain, Director of Parks and Recreation, and I have reviewed the three (3) responses and recommend the acceptance of the low bud, A -Z Bus Sales, Inc. in the amount of $47,292.61. . a• s** rsrs *ss•sr.s.s * *ssa *• *ss » * * *�sssr* FN -II -002 096 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: April 18, 1995 AGENDA HEADING New Business - City Manager AGENDA DESCRIPTION: Authorization to solicit bids for a rescue ambulance RECOMMENDED COUNCIL ACTION: Authorize staff to distribute specifications and accept bids on a new rescue ambulance vehicle BRIEF SUMMARY In 1986 the City purchased a Type III Ford rescue ambulance The service life on this type unit is seven years and is now scheduled for replacement Funds exist in the equipment replacement account This ambulance has an eight cylinder, 460 cubic inch gasoline engine that had 83,600 miles on the engine as of April 4, 1995 Fire Department and fleet personnel have conducted extensive research on rescue ambulances and have reached several conclusions regarding service life, safety and amortized costs The past concept was to remount an existing module on a new chassis at the appropriate replacement time However, we found a number of factors existed which have caused us to recommend a new concept Industry improvements in design, Changes in medical procedures require redesign of treatment area, Need for inside /outside accessibility of necessary life support equipment, and Increase in payload requirements By changing vehicle style, a number of positive benefits will occur We will operate with increased payload needs being met, Service life will increase from 7 to 12 years, Annual replacement costs will decrease approximately $2,000 annually, Maintenance costs and down time will decrease ATTACHED SUPPORTING DOCUMENTS: Exhibit A - Pictures of Rescue Vehicles Exhibit B - Accessibility for Service Exhibit C - Specifications Exhibit D - Brake Repair History for Rescue 31 Exhibit E - Other Weight Related Repairs for Rescue 31 Exhibit F - Yearly Cost Comparison FISCAL IMPACT. (Check one) Operating Budget: X_ Capital Improv. Budget: Amount Requested: $115.000 Protect/Account Budget: Equipment Replacement Protect/Account Balance: Date: 04/04/95 Account Number. 601400- 0000 -8105 Protect Phase: Required - Yes_ No_ G Nielson, Fire Chief ddAO� W Morrison, City Manager ACTION TAKEN: Y / /Z15s- 097 'Il I 2 o W w a o H M A Ht o H pa H W H P4 W H UW a P4 EXHIBIT A 0 a w H W P4 H FD - Z - / A.. EXHIBIT B V. Accessibility for Service * A. Type III - Unable to visualize engine when hood is open Only able to visualize accessories. Extremely difficult to service for these reasons. Engine compartment space versus engine size make heat and engine noise quite noticeable in vehicle cab B. FL -60 Type I - Tilt front end makes access available to all engine components and accessories. Less heat accumulation than other units increasing service life of accessories. * Present body type Fb -Z -.2 099 Rescue 31 Type III FL -60 Type I Rescue 31 Type III FL -60 Type I EXHIBIT C DIMENSIONS TURNING WHEEL LENGTH WIDTH HEIGHT RADIUS BASE 19' 3" 96" 96" 47' 137" 19' 3" 96" 100" 47' 137" 22' 11" 96" 102" 43' 149.5" LOAD HEIGHT INTERIOR HEAD ROOM 31.5" 61" 31.5" 66" 31" 66" 100 EXHIBIT D BRAKE REPAIR HISTORY RESCUE 31 NOTE: Vehicle maintenance history was not available at this time prior to 1991. The following figures are from 1991 to present. DATE MILEAGE COST 5 -20 -91 46,783 $ 400.90 6 -17 -91 47,505 262.53 8 -7 -91 48,538 265.96 8 -20 -91 48,673 12.85 9 -13 -91 49,265 178.69 9 -25 -91 49,551 126.62 10 -8 -91 49,982 258.91 10 -16 -91 50,046 111.64 11 -22 -91 51,021 74.99 1 -27 -92 52,659 175.98 6 -9 -92 55,887 153.56 7 -31 -92 57,321 238.10 2 -4 -93 62,231 384.48 2 -12 -93 N/A 27.84 5 -25 -93 65,000 95.82 6 -24 -93 65,722 53.68 9 -21 -93 68,243 128.54 1 -27 -94 72,043 15.33 2 -14 -94 72,579 302.68 4 -5 -94 73,714 396.14 7 -25 -94 76,826 15.33 8 -4 -94 77,138 447.80 TOTAL $4,130.38 Total miles traveled between 5 -20 -91 and 8 -4 -94 = 25,355 miles. This unit was seen for brake work 20 times at an average of 1,267 miles per visit at a cost of $4,130.38. 174J _ r- q 101 DATE OTHER WEIGHT RELATED REPAIRS RESCUE 31 REPAIR COST 11 -21 -91 Front End Alignment Tire Service $ 198 65 11 -22 -91 Four Tires Tie Rod Replaced Tie Rod Left Inner Tie Rod Left Outer Wheel Alignment 998.73 7 -31 -92 Two Tires 247.42 9 -28 -92 Two New Tires 247.42 4 -15 -93 U -Joint Replaced 52 60 5 -4 -93 Transmission Rebuild 904.33 8 -2 -93 Two Tires 213.90 10 -4 -93 Differential Repair 76 75 12 -22 -93 Two Tires 277.81 2 -14 -94 Two Tires 269.50 8 -4 -94 Two Tires 197 89 9 -13 -94 Transmission Rebuild Steering Gear Box Rebuild 1,363.88 TOTAL EXHIBIT E C%f) -- ]02 EXHIBIT F YEARLY COST COMPARISON NOTE: All estimates were obtained from a single vendor Other vendors may be slightly higher or lower in price, but the estimates should remain a constant 1. Ford Type III with 7 year service life $ 89,000 Annual amortization $ 12,714 2 Type 1 FL60 with 12 year service life $110,000 Annual amortization $ 9,166 103 EL SEGUNDO CITY COUNCIL MEETING DATE: April 18, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: NEW BUSINESS CITY MANAGER AGENDA DESCRIPTION: Gives authority to the City Manager to enter into Indemnification /Hold Harmless Agreements between the El Segundo Fire Department and Police Department and El Segundo property owners for the exclusive purpose of Fire and Police Department training RECOMMENDED COUNCIL ACTION- 1) Grant authority to the City Manager to enter into Indemnification /Hold Harmless Agreements 2) Approval of general Indemnification /Hold Harmless Agreement form BRIEF SUMMARY: In order to meet Fire and Police Department training goals, the two Departments participate in training activities at various sites throughout the City Often, these sites are privately owned properties By using these properties for training, the Fire and Police Departments are able to provide unique training situations and simulations which cannot be duplicated at City facilities Both Departments have participated in various training exercises of this type throughout their history Many times, this training is accomplished without an Indemnification /Hold Harmless Agreement However, in recent years, property owners have begun to require this type of agreement more often Council approval has always been required prior to entering into these agreements The Departments encounter the following situations that warrant a more efficient method of obtaining these agreements One situation involves property that is due for demolition These structures provide some of the best tactical training for Police Officers and Firefighters They provide the opportunity to simulate fire, rescue and tactical law enforcement situations However, the owners of these properties want to demolish their buildings quickly, usually within a few days of obtaining a demolition permit When they agree to allow us to utilize the structure, it is often only for a few days, and usually without much prior notice This situation does not afford us enough time to prepare a staff report for Council approval prior to the demolition In 1993 the Fire and Police Departments had two opportunities disappear because of situations such as this Authorizing the City Manager to enter into Indemnification /Hold Harmless Agreements will allow us to expedite this process for more favorable results Another situation involves properties the two Departments use for training exercises on a fairly regular basis, i e , Chevron, Hughes, Allied, Edison Some require an agreement, however, it is usually only good for a few days In addition, these sites will host training exercises and will invite the Fire and Police Departments to participate However, pnor notice is usually only a week or two, limiting the time frame available to submit an agreement for Council approval By allowing the City Manager to enter into an Indemnification /Hold Harmless Agreement, the Departments can set the beginning and ending dates for occupancies that allow the Departments to train on a regular basis This will provide greater efficiency as we will not be going back for Council approval on recurring agreements, and training can be scheduled in a more timely manner By authorizing the City Manager to enter into Indemnification /Hold Harmless Agreements, the Fire and Police Departments can provide enhanced training to its members while reducing paperwork and increasing efficiency The Indemnification /Hold Harmless Agreement has been reviewed and approved, as to form, by the City Attorney ATTACHED SUPPORTING DOCUMENTS- Indemnification/Hold Harmless Agreement FISCAL IMPACT: None. (Check one) Operating Budget- Capital Improv. Budget Amount Requested: Project/Account Budget: Project/Account Balance: Date- Account Number. Project Phase: Appropriation Required - Yes_ No_ Jacob G Nielson, Fire Tim Grimmond, Police James W ] ,94 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement is made and entered into this day of (month), 19 by and between the City of El Segundo, a municipal corporation, hereinafter called "City "and , hereinafter called "Owner" for a term starting 19 and ending , 19 (total length not to exceed one calendar year), and WHEREAS, the owner of the premises commonly described as located at (Hereinafter "Premises "), and _ (describe property) (address of property) WHEREAS, the Fire and Police Departments of the City of El Segundo have a need for facilities to be used in their Training Programs, and WHEREAS, the owner agrees to allow use of the premises between said dates as specified herein for such training, and WHEREAS, City and owner are mindful of the liability exposure by owner and City desires that the owner not be held liable for the actions of any El Segundo Firefighter or Police Officer while in the course of such training NOW, THEREFORE, the parties hereto mutually agree as follows Indemnification/Hold Harmless Clause In consideration for the use of the premises so described above, the City hereby agrees to indemnify, hold harmless and defend at its expense owner, its officers, agent and employees from any and all claims, actions, losses, damages, charges, expenses or attorneys' fees to which owner may be put on or arising out of, or resulting from any negligent action or omission or failure to act on the part of the City, its employees, contractors or anyone employed by any of them, arising out of injuries or damages as a result of the training exercises and /or related activities engaged in by the City Fire Department and Police Department personnel on the premises 2 Tennination This agreement shall automatically terminate at the end date described above, or may be terminated sooner by either party for any reason and at any time Notice to terminate this agreement shall be given in writing Termination shall be effective upon expiration of 24 hours following delivery of notice to the non - terminating party IN WITNESS WHEREBY, the parties hereto have executed and entered into this agreement as of the above written date Owner/Responsible Party BY Title City of El Segundo (City Manager) By Title 105 ELSEGUNDO CITY COUNCIL MEETING DATE: April 18, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Manager Six month review of operating license issued to Stick & Stein located at 707 N Sepulveda as requested by Council Review complaints and corresponding police report on activities at specified address BRIEF SUMMARY: At the City Council meeting of February 15, 1994 approval was granted to operate a billiard room/pool hall in conjunction with the Stick & Stein restaurant located at 707 N Sepulveda Blvd The license was issued with the condition that the City Council would review the operations after six months A completed license was issued on August 2, 1994 Ordinance No 1223 permits the City Council to revoke the operating permit for cause Attached to this agenda item are the following reports Log of noise complaints as submitted by nearby resident Police report addressing complaints regarding the complaints No fire code violations have been noted by fire department inspectors Parties involved have been notified by mad regarding this agenda item ATTACHED SUPPORTING DOCUMENTS. 1 Correspondence from resident in regards to activities at 707 N Sepulveda 2 Police report in regards to reported activities at 707 N Sepulveda Minimal (Check one) Operating Budget: Capital Improv. Budget: ProjectlAccount Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No_ Date: Steve Klotzsche REVIEWED Date: James W Morrison, City Manager ACTION TAKEN: 106 Stephen G White Mar 18, 1995 716 Indiana Ct. Apt. 11 El Segundo, CA 90245 Home: (310) 322 -7572 Office: (310) 364 -7610 City of E1 Segundo —� City Council `��}'� t Attn: City Manager 350 Main St. CM M&NAGERS OFFICE E1 Segundo, CA 90245 Dear City Manager: I am a longtime resident of E1 Segundo who is trying to deal with a problem of EXCESSIVE NOISE coming from a neighboring COMMERCIAL ESTABLISHMENT. When I phoned the general phone number for El Segundo City Hall to inquire into steps I should pursue regarding this matter, the rep who answered the phone suggested I write a note to you. Please refer to the attachment I have submitted, which is a JOURNAL of EVENTS regarding this particular problem. You may note how the problem I'm having to deal with is the EXCESS NOISE coming from the STICK & STEIN BAR & EATERY (located at 707 N. Sepulveda Blvd.) with noise occuring after midnight. The residence where I live is a rental apartment (The Stardust Apts) in which my apt. unit is on the southeast end of the property. My bedroom window is approximately 30 yards away from the fence that borders Stick & Stein parking lot and the apartments parking lot. To sum things up, there are incidents when patrons of Stick & Stein exit the establishment into the parking lot, then they create distracting excessive noise. When these patrons are creating this unruly noise, it is usually between midnight and 2:30 AM on a Wednesday, Thursday, Friday, or Saturday night. They create this noise with either their vocal hollering, loud car honking, or playing loud radios. Since the Stick & Stein establishment sells ALCOHOLIC BEVERAGES until 2:00 AM every night, I can only conclude that the Alcoholic Consumption stimu- lates this type of behavior among this rowdy and unruly acting "clientile" of the restaurant. As you read this journal, you will note that this problem began occuring the first Friday that the restaurant was opened, which was Friday July 29, 1994. These occurrences have happened on average about once per week during these last 8 months, or the period that Stick & Stein has been opened at this location. Anyway, I just wanted to bring this to your attention. I am aware that this complaint of mine would be more effective if I gathered a group of neighbors to complain together with on a JOINT - COMPLAINT. (In other words, I should draw up a PETITION with multiple signatures, I realize.) Once again, thank you for taking note of,this situation. A aro Steph G White El Segundo Resident 107 FN- III -002 S. G. WHITE 716 INDIANA CT. APT. 11 EL SEGUNDO, CA 90245 JOURNAL OF EVENTS REGARDING: DISTRACTING NOISE ORIGINATING AT STICK N STEINS BAR & EATERY 707 N. SEPULVEDA BLVD, ZL SEGUNDOr CA 90245 BETWEEN DATES: JULY 25. 1994 & THE PRESENT 29 JULY 194 (FRI) - 12:30 AM on 7/30/94, NOISE IN STICK N STEIN PARKING LOT BECOMES ACCELLERATED TO ANNOYING RAUCOUS LEVEL, I PHONED EL EL SEGUNDO P.D. TO REPORT NOISE, (I BECAME OVERLY- EXCITED WHILE REPORTING INCIDENT TO WOMAN DISPATCHER ON OTHER END). 11 AUG '94 (THURS) - WAS 12:45 AM ON 8/12/94, NOISE IN STICK N STEIN ACCELLERATED TO GROUP OF 4 OR MORE WITH RADIO NOISE INCLUDED. I PHONED EL SEGUNDO P.D. TO REPORT NOISE. (SPOKE WITH MALE DISPATCHER) 13 AUG '94 (SAT) - WAS 1:10 AM ON 8/14/94, NOISE IN STICK N STEIN LOT ELEVATES TO 3 OR 4 GUYS HOLLERING. I PHONED EL SEGUNDO P.D. WOMAN DISPATCHER ANSWERS & ASKS MM (THE CALLER) NUMEROUS QUESTIONS FIRST. 26 AUG '94 (FRI) - WAS 11:45 PM ON 8/26/94, INTERMITTANT SHOUTING & HONKING IS CARRIED ON FROM PARKING LOT OF RESTAURANT, I PHONED EL SEGUNDO P.D. IN MEANTIME I PHONED STICK N STEIN, SPOKE WITH NIGHT MGR. (A YOUNG FEMALE). THIS NIGHT MGR AT STICK N STEIN WAS VERY INSENSITIVE TO CALLER'S COMPLAINT, VERY SHORT AND ABRASIVE WITH CALLER. 27 AUG '94 (SAT) - WAS 1 :40 AM ON 8/28/94, GROUP OF 4 ENGAGED IN HOLLERING AT RESTAURANT PARKING LOT. I PHONED EL SEGUNDO P.D. IN MEANTIME CALLER ASKED TO SPEAK WITH "GEORGE" THE GENERAL MGR, SAME NIGHT MGR SAYS: "NOT HERE, CALL BACK IN MORNING!" 4 SEP 194 (SUN) - WAS 1:15 AM ON 9/5/94, GROUP OF 6 IN RESTAURANT LOT HOLLERING AND PLAYING MUSIC. I PHONED EL SEGUNDO P.D., POLICE ARRIVE IN ABOUT 3 MINUTES LATER. 9 SEP 194 (FRI) - WAS 7:00 PM, NO NOISE PROBLEM AT TIME, HOWEVER I PHONE RESTAURANT & SPEAK WITH MALE ASSISTANT MGR & MENTION NOISE PROBLEM. (WASN'T GEORGE) HE WAS MORE SYMPATHETIC & UNDERSTANDING, SUGGESTED THAT EVENTUALLY STICK N STEINS WOULD HIRE THEIR OWN PARKING LOT SECURITY TO PATROL LOT, AFTER MIDNIGHT. 14 SEP '94 (WED) - WAS 12:45 AM ON 9/15/94, ABOUT 3 ARE TALKING VERY LOUD, CALLER PHONES EL SEGUNDO P.D., THEY ARRIVE IN ABOUT 12 MINUTES TIME. 1: FN- III -003 23 SEP 194 (FRI) - WAS 1:45 AM ON 9/24/94, ABOUT 5 GUYS HOLLERING VERY LAUD, I G. WHITE PHONED EL SEGUNDO P.D., WOMAN DISPATCHES ASKS SPECIFIC QUESTIONS IF IT IS REALLY ALL THAT LAUD, THEN ASKS CALLER OF IDENTITY INFORMATION. POLICE ARRIVE ABOUT 8 MINUTES LATER. 5 OCT '94 (WED) - WAS 12:45 AM ON 10/06/94, PERSON ON A CHOPPER MOTORCYCLE, REVS UP ENGINE VERY LAUD AND DRIVES IN CIRCLES IN PARKING LOT FOR ABOUT 20 MINUTES. DID NOT PHONE POLICE AS SUDDENLY FELL ASLEEP. 6 OCT '94 (THURS) - WAS 1:10 AM ON 10/07/94, ABOUT 4 OR 5 ARE PLAYING RADIOS AND TALKING VERY LAUD, I PHONED EL SEGUNDO P.D. (WOMAN DISPATCH). 15 OCT '94 (SAT) - WAS ABOUT 1:45 AM ON 10/16/94, GROUP OF ABOUT 5 ARE HOLLERING VERY LAUD IN PARKING LOT OF RESTAURANT & INTERMITTENT HONKING. I PHONED EL SEGUNDO P.D. THEY ARRIVE IN ABOUT 8 MINUTES. 27 OCT '94 (THURS) - WAS ABOUT 1:45 AM ON 10/28/94, GROUP OF ABOUT 6 GUYS HONKING HORNS AND HOLLERING IN ACCELLERATED VOLUME, I PHONED EL SEGUNDO P.D. TEN MINUTES PASS & NO POLICE YET. EL SEGUNDO P.D. ARRIVE ABOUT 2 MINUTES LATER. 30 MINUTES LATER (2:30 AM) AS CALLER CAN'T GET TO SLEEP CALLER PHONES EL SEGUNDO P.D. TO INQUIRE INTO FILING A FORMAL COMPLAINT. WOMAN DISPATCH AT EL SEGUNDO P.D. SUGGESTS TO G. WHITE(CALLER) THAT AN OFFICER COME TO HIS APARTMENT RIGHT THEN TO DISCUSS NOISE PROBLEM. G. WHITE (CALLER) SUGGESTS HE COME INTO POLICE STATION NEXT DAY TO FILE A REPORT. 28 OCT '94 (FRI) - AT 5:00 PM CALLER AND COMPLAINTANT (G. WHITE) VISITS EL SEGUNDO P.D. HQs AND HAS A 450 RPT. FILED AGAINST STICK N STEIN. BETWEEN 10:00 PM AND 11:15 PM, CALLER (G. WHITE) AND NEIGHBOR DAVID B OR #31 ENGAGE IN LENGTHY CONVERSATION (IN FRONT OF STARDUST) OVER NOISE PROBLEM IN GENERAL AND OTHER SEMI - RELATED PROBLEMS AFFECTING COMPLAINTANT G. WHITE AT 12:45 AM 10/29/94, DAVID B. OF #31 KNOCKS ON G WHITE'S DOOR & REPORTS HE JUST PHONED EL SEGUNDO P.D. OVER NOISE AT 1:20 AM 10/29/94, COMPLAINTANT G. WHITE PHONES EL SEGUNDO P.D. OVER NOISE, AT 1:45 AM COMPLAINTANT G. WHITE PHONES EL SEGUNDO P.D. OVER NOISE, AT 2:20 AM G. WHITE PHONES EL SEGUNDO P.D. OVER NOISE, THIS TIME EL SEGUNDO P.D. INFORMS CALLER THAT POLICE HAVE ALREADY VISITED 707 N. SEPULVEDA BLVD. 3 TIMES ALREADY IN EVENING AND THEY CAN'T KEEP COMING UNLIMITED TIMES EVERY EVENING. 29 OCT 194 (SAT) - AT 12:45 AM 10/30/94, CALLER PHONES EL SEGUNDO P.D. OVER NOISE FROM ABOUT 3 YELLING IN LOT, EL SEGUNDO ARRIVE IN ABOUT 7 MINUTES. 109 FN- III -004 09 NOV 194 (WED) - AT 1:45 AM 11/10/94, WAS AWAKEN BY SUDDEN OUTBURSTS OF CAR - HONKING AND HOLLERING FROM STICK N STEIN PARKING LOT. PHONED EL SEGUNDO P.D., THEY ARRIVED IN ABOUT 4 MINUTES. (DURING 4 MINUTES THAT P. D. WERE ON WAY, I NOTICED 2 GUYS EMBRACING EACH OTHER IN LOT, DANCING AROUND IN- CIRCLE & SINGING OUT LOUD. FOLLOWING POLICE APPEAR -ANCE (@ 2:00 AM) I PHONED STICK n STEIN, SPOKE WITH MALE NIGHT MGR. HE WAS VERY UNCOOPERATIVE, SAID HE CHECKS LOT OCCASIONALLY, (EVERY 20 MINUTES) & DID= NOTICE ANY PROBLEM THIS NIGHT, AND GEORGE (OWNER) WOULD BE IN IN THE MORNING IF I WANTED TO SPEAK WITH HIM. 10 NOV 194 ( THURS) - AT 3:00 PM (FROM OFFICE) I PHONED STICK n STEIN, GOT "GEORGE" (GEN. MGR) ON PHONE. AS I FAMILIARIZED HIM WITH PROBLEM, HE REPLIES: "OH I HEARD THAT SOMEONE COMPLAINED THE 'OTHER NIGHT', WHAT IS YOUR NAME & WHERE DO YOU LIVE ?" (HE ASKS). I TOLD HIM, THEN HE SAYS: "LET ME HAVE YOU SPEAK WITH MY ASSISTANT." MALE VOICE GETS ON PHONE SAYS "BOB* WITH SECURITY SPEAKING!" *(I, G. WHITE THINK HE SAID HE WAS 'BOB' BUT NOT COMPLETELY SURE) I EXPLAIN TO HIM THE OVERALL PROBLEM, THAT VARIOUS NEIGHBORS ARE IMPACTED ALSO, HE REPLIES: "I AM THE ONE THAT PATROLS THAT PARKING LOT 5 NIGHTS A WEEK UNTIL ABOUT 4:00 AM, SINCE WE OPENED UP, THERE HAVE BEEN OCCASIONS WHEN THERE HAS BEEN A 'LITTLE NOISE' HOWEVER, THE NOISE FROM OUR LOT HAS NEVER BEEN SO LOUD THAT IT HAS BEEN A SOURCE OF A MAJOR PROBLEM!" HE ASKS: "WHAT IS YOUR FIRST NAME AND WHAT APT. DO YOU LIVE IN ?" I ANSWERED HIM, THEN I CLAIMED THAT I ALONE HAVE PHONED THE POLICE ABOUT 20 TIMES SINCE 7/29/94 DUE TO NOISE. HE SAYS: "WHETHER YOU HAD TO CALL THE POLICE 200 TIMES OR JUST ONCE, IT DOESN'T MATTER, I'M TELLING YOU THE NOISE YOU GET FROM OUR PARKING LOT IS JUST L THAT LAUD, AND IS NEVER LAUD ENOUGH TO BE A LEGITIMATE PROBLEM TO ANY OF OUR NEIGHBORS!" I TELL HIM THAT MY APT. MGR HAS DRAWN MANY COMPLAINTS FROM MY NEIGHBORS AS WELL AS ME DUE TO THE NOISE, HE SAYS: "WELL IT SOUNDS LIKE ALL OF YOU ARE EXPECTING IT TO BE PERFECTLY QUIET ALONG SEPULVEDA BLVD. AND YOU HAVE TO REALIZE THIS IS A COMMERCIAL AM AND YOU ARE ALWAYS GOING TO GET BACKGROUND NOISE 24 HOURS A DAY! A LOT OF THE NOISE YOU HEAR IS PROBABLY TRAFFIC FROM THE HACIENDA HOTEL & RESTAURANT, BESIDES, NEITHER I NOR ANY OF MY CO- WORKERS CAN TAPE THEIR MOUTHS SHUT WHEN THEY LEAVE THIS PLACE, BE REALISTIC!" THEN HE SAYS: "I KNOW YOUR APARTMENT MANAGER, I HAVE DEALT WITH HER BEFORE, AND I AM LOOKING FORWARD TO HAVING A TALK WITH HER OVER THIS WHOLE MATTER! WE ARE A COMMERCIAL BUSINESS ON A COMMERCIAL STREET, WITH A LEGAL LICENSE TO DO WHAT WE DO, AND THAT'S THAT! IF YOU'RE HAVING A PROBLEM WITH THE NOISE, THEN YOUR HEARING IS �QQ SENSITIVE!" I TOLD HIM A POLICE REPORT WAS ACTUALLY FILED AGAINST THEM ON 10/28/94, THEN HE SAYS: "NO PROBLEM, WE HAVE AN ANSWER FOR ANY POLICE REPORT AGAINST US, YOU DO WHAT YOU HAVE TO DO AND WE DO WHAT WE HAVE TO DO! BY THE WAY SIR, I HAVE TO RUN NOW, GOODBYE!" END OF CONVERSATION Ito FN- III -005 12 NOV '94 (SAT) - AT 11:00 PM SATURDAY AS I WAS PREPARING TO MAKE A LATE -NIGHT TRIP TO STORE, HEARD (& SAW) 3 OR 4 GUYS HOLLERING & YELLING IN PARKING LOT. I DROVE AWAY, & UPON MY RETURN 30 MINUTES LATER, THEY WERE NO LONGER THERE, SO WAS UNNECESSARY TO PHONE POLICE. 23 NOV '94 (WED) - APPROXIMATELY 11:45 PM WEDNESDAY AS I WAS HAVING LATE -NIGHT SNACK & BEVERAGE IN APT. LIVING ROOM (OPPOSITE END OF APT FROM PARKING LOT) COULD STILL HEAR THAT LOUD NOISE WAS COMING FROM STIK n STEIN PARKING LOT. DID H= PHONE POLICE AT TIME, AS NOISE TO ME WAS SOMEWHAT MUFFLED AS IT HAD TO COME THROUGH CLOSED DOORS. 12:45 AM THURSDAY AS I WAS TURNING IN FOR NIGHT, NOISE HAD STOPPED, SO PHONING POLICE WAS UNNECESSARY AT TIME. 03 DEC '94 (SAT) - WAS APPROXIMATELY 12:30 AM SUNDAY (the 4th) WAS IN LIVING ROOM OF APT HAVING LATE NIGHT BEVERAGE /SNACK, COULD DETECT THAT A LOT OF NOISE WAS COMING FROM PARKING LOT. AT 1:20 AM AS I WAS PRE- PARING TO TURN IN FOR NIGHT, SAME LAUD NOISE (HONKING & HOLLERING) WAS COMING FROM STIK N STEIN LOT. I PHONED EL SEGUNDO P.D. THEY ARRIVE ABOUT 5 MINUTES LATER, NOISE STOPS. AT 1:40 AM, (15 MINUTES AFTER POLICE ARRIVE FIRST TIME) ANOTHER GROUP OF GUYS (3 OR 4) EXIT STIR N STEIN, BEGIN MAKING VERY LOUD NOISE. I PHONE EL SEGUNDO P.D., THEY ARRIVE IN ABOUT TEN MINUTES, THEN NOISE STOPS. 15 DEC '94 (THURS) - WAS APPROXIMATELY 1:30 AM FRIDAY (the 16th) AS I HEARD WHAT SOUNDED LIKE A SERIES OF BLOOD- CURDLING SCREAMS COMING FROM LOT. UPON FULLY AWAKENING I PHONED EL SEGUNDO P.D. THE DISPATCH (WOMAN) 1st ASKED ME SEVERAL QUESTIONS SUCH AS THE QUANTITY OF THE CROWD, AND THE RACE OF THEM. FINALLY, DISPATCH FORWARDS THE CALL ON, EL SEGUNDO P.D. ARRIVE ABOUT 10 MINUTES LATER. I PHONED STICK n STEIN IMMEDIATELY AFTERWARDS, HAD A DISCUSSION WITH THE NIGHT MGR ON DUTY, HE APPEARED TO BE A BIT MORE RATIONALE AND UNDERSTANDING THAN THE PREVIOUS STICK n STEIN REP I SPOKE WITH, WHICH WAS ON 10 NOV 194. 14 JAN 195 (SAT) - APPROXIMATELY 1:00 AM SUNDAY (the 15th) CROWD OF 4 GUYS IN LOT BEGIN GETTING LOUDER & MORE RAUCOUS OVER NEXT 1/2 HOUR. AT APPROXIMATELY 1:30 AM AS THEY WERE HOLLERING, HONKING HORNS, & FIRING BLANK GUNS, I PHONED EL SEGUNDO P.D. POLICE ARRIVE ABOUT 10 MINUTES LATER, WHICH WAS ABOUT 2 MINUTES AFTER ROWDY CROWD DISBERSED, THEREFORE POLICE SEE NOTHING. I THEN PHONE STIK N STEIN, SPOKE WITH "NIGHT MGR", TOLD HIM OF POSSIBLE "JOINT NEIGHBOR COMPLAINT" AGAINST RESTAURANT, HEATED ARGUMENT BETWEEN US TWO FOLLOWS. 06 FEB 195 (MON) - APPROXIMATELY 1:15 AM TUESDAY (the 7th) 3 SEPARATE CROWDS OF ABOUT 4 EACH LEAVE STIK N STEIN. THEY START GETTING LOUDER & LOUDER OVER NEXT 15 MINUTES WITH HOLLERING, RACING & TIRE SCREECHING IN PARKING LOT, & CAR HONKING. I PHONED EL SEGUNDO P.D. TO REPORT THE NOISE. POLICE ARRIVE ABOUT 5 MINUTES LATER, (2 SQUAD CARS COME UP). POLICE HAVE CASUAL DISCUSSION WITH CROWD IN PARKING LOT. I PHONED NIGHT MGR OF STIK & STEIN TO REPORT SCOPE OF PROBLEM. HEATED ARGUMENT BETWEEN US TWO ERUPTS AS HE SAYS: "SIR, POLICE ARE GOING TO BE AT YOUR DOOR IN ABOUT 5 MINUTES AS YOU WERE MAKING A FALSE POLICE REPORT! THERE WERE NO RIOTS BREAKING OUT IN OUR LOT OR ANY GUNSHOTS!" THEN HE HANGS UP ON ME, I RETURNED TO BED. 4 111 FN- III -006 17 FEB 195 (FRI) - APPROXIMATELY 12:45 AM SATURDAY (the 18th) WHILE RELAXING IN LIVING ROOM, COULD HEAR THAT A LOT OF NOISE WAS COMING FROM STIK n STEIN PARKING LOT. HOWEVER, NOISE DIDNOT BOTHER ME AT TIME AS IT WAS MUFFLED, COMING THROUGH CLOSED DOOR, SO WAS UNNECESSARY TO PHONE POLICE AT TIME. AT 1:30 AM AS I WAS PREPARING TO TURN IN, NOISE HAD STOPPED. 25 FEB 195 (SAT) - APPROXIMATELY 1:00 AM SUNDAY (the 26th) WHILE RELAXING IN LIVING ROOM, COULD HEAR EXPLOSIVE OUTBURSTS OF NOISE WERE COMING FROM STIK n STEIN PARKING LOT. HOWEVER, NOISE DIDNOT BOTHER ME AT TIME AS IT WAS MUFFLED, COMING THROUGH CLOSED DOOR, SO WAS UNNECESSARY TO PHONE POLICE AT TIME. AT 1:45 AM AS I WAS PREPARING TO TURN IN, NOISE HAD STOPPED. 02 MAR 195 (THURS) - I, G. WHITE HAVE PHONE CONVERSATION WITH ALCOLOLIC BEVERAGE CONTROL REP JOAN AGUILLAR (INGLEWOOD, CA OFFICE) AS I INFORMED THEM AT ABC OF OVERALL NOISE PROBLEM AT STICK & STEIN. REP EXPLAINS TO ME THAT THE RESTAURANT SIGNED A NO NOISE CLAUSE IN THEIR CONTRACT (WITH ABC) PRIOR TO THEIR BEING GRANTED THEIR "LIQUOR LICENSE". Ms. AGUILAR OF ABC INFORMS ME SHE WILL INVESTIGATE INTO CURRENT SITUATION OF NOISE AT STICK & STEIN, THEN SHE WOULD RE- CONTACT ME AT LATER DATE. 04 MAR 095 (SAT) - APPROXIMATELY 2:00 AM SUNDAY (the 5th) REPETITIOUS SERIES OF LOUD AUTO HORNS WAKES ME UP OUT OF BED. AS I PREPARE TO PHONE EL SEGUNDO POLICE, I HEAR ENGINES START UP. I LOOK OUT WINDOW AND NOTE HOW TWO VEHICLES WERE AT MOMENT DRIVING AWAY FROM PARKING LOT. I NOTICED HOW AT THIS MOMENT, HONKING NOISE HAD STOPPED. THEREFORE DECIDED IT WAS UNNECESSARY TO PHONE POLICE. 09 MAR 095 (THURS) - APPROXIMATELY 1:30 AM FRIDAY (the 10th) , BEGAN HEARING REPETITIOUS SERIES OF LOUD AUTO HORNS, FINALLY AT 2:00 AM I PHONED EL SEGUNDO POLICE. POLICE ARRIVE ABOUT 8 MINUTES LATER WHICH WAS ABOUT 3 MINUTES AFTER HONKING STOPPED & VEHICLES LEFT. THEREFORE POLICE SEE NOTHING AT PARKING LOT. 5 ill FN- III -007 &tg of & cyegffw d INTER - DEPARTMENTAL CORRESPONDENCE April 11, 1995 To: James W. Morrison, City Manage From: Tim Grimmond, Chief of Pofl Subject: Stick & Stein, 707 N. Sepulv Blvd. On February 23, 1994, Mr. Chad Stevens submitted application for an Alcoholic Beverage License to operate the Stick and Stein Eatery and Parlor at 707 N. Sepulveda. Prior to the opening of the Stick and Stein, an ABC License with 10 separate conditions was signed by Mr. Stevens with the understanding that any violation of the conditions would be grounds for suspension or revocations of the license. Those conditions over which the Police Department has had direct observation as to compliance are conditions #7 and #9. A copy of the conditional license petition is attached for reference. Item #7 provides that, between the hours of 9:00 p.m. and 3:00 a.m., the applicant shall provide one security guard in the parking lot to maintain order and prevent any activity which would interfere with the quiet enjoyment of the property by nearby residents. It has been noted that a security officer/bouncer is employed by the applicant and that officers, making routine security checks, drive - bys and in response to calls, have reported contacting film at various times throughout the year and between the required hours. Item #9 requires that the parking of the premises be equipped with sufficient lighting to illuminate the parking lot to assure visibility of the appearance and conduct of all persons on or about the parking lot. Officers report, and personal observation confirms, that the parking lot is sufficiently Illuminated to comply with this condition. When first opened, the Stick and Stein had planned to be open 24 -hours a day. Closing hours, however, have been modified to 2:00 a.m. Sunday through Thursday and to 3:00 a.m. on Friday and Saturday. On one occasion, a complaint of non - compliance with the city ordinance prohibiting pool/billiards playing between the hours of 2:00 a.m. and 6:00 a.m. was alleged. Patrol supervisors and officers working the early morning hours report that they have not observed customers playing pool after closing. They did report that on rare occasions, employees waiting to close the restaurant and just after business hours have been observed to play pool and/or watch television. The Police Department's response levels to the establishment during the past year, indicate that from July, 1994 to March, 1995 officers were called to the Stick and Stein on forty -four separate occasions. Of these, restaurant managers or security personnel made eighteen calls, an individual resident made twelve calls, and the general public accounted for the fourteen others. It should be noted that an investigation has determined that one individual in calling for a police response has, on several occasions, embellished on -going activities and reported emergencies in progress that were knowingly false. 113 Stick and Stein April 11, 1995 Page 2 Of the total of forty -four called -for responses, three arrests have occurred, one for domestic violence and two for citizen arrests for battery, with restaurant security the victim of one. No arrests have been made for public drunkenness and only one DLII related collision/arrest can be related to the establishment Other types of called -for services have included collisions, children locked in cars, and parties involved in a fight. A summary of the called -for services is attached as part of this report Based upon this review it would appear that the Stick and Stein is operating In compliance with the El Segundo Municipal Code and those Alcoholic Beverage Control conditions set forth in the attachment. TJG:rg Attachments 114 Police Department Responses Stick & Stein, 707 N. Sepulveda Blvd. July. 1994 - March. 1995 No Date Time Twe of Call Reported Disnosition 01 07/30/94 0215 415- Loud Talking Group Dispersed 02 08/03/94 0003 415- Loud Subjs Advised 03 08/04/94 1835 T/C In Lot Names Exchanged 04 08/08/94 0239 415- 2 Subjs Fighting GOAUTL 05 08/20/94 1716 Ill Pkg- Handicap Zone Checked OK 06 09/02/94 2238 484- Petty Theft No Crime Occ. 07 09/06/94 2306 925A- Susp. Veh. in lot Veh. w/ different plates,UTL owner 08 09/15/94 0154 415- Loud Subjs Subjs "fooling around" sent on way 09 09/16/94 0228 415- Poss. Fight Brewing Subjs asked to pay bill and leave 10 09/18/94 0312 415- Noise Unfounded, no loud talking/music 11 09/24/94 0153 415- Loud Talking GOAUTL 12 09/24/94 0234 415- Loud Talking/Music GOAUTL 13 09/24/94 0817 417- Brandish Weapon No Crime, Transient 14 10/01/94 2324 242 - Battery w/ injury 273.5, Domestic Violence Arrest 15 10/11/94 0253 415- Loud Subjs arguing GOA, Extra Patrol Req. 16 10/16/94 0220 415- Loud Talking Unfounded 17 10/22/94 2139 537- Defraud Innkeeper GOA, report taken 18 10/28/94 0222 415- 8 Subjs being Loud Subjs advised 19 10/29/94 0224 415- Loud noises/honking "Code -4 "- No Dispo 20 10/30/94 0027 415- Loud noise GOAUTL 21 11/10/94 0223 415- Loud yelling Subjs advised, enrt home 22 11/20/94 0343 415- Subj Transient "bathing" in restroom advised 23 11/26/94 0205 415- Poss Fight in lot GOAUTL 24 12/04/94 0212 415- Loud yelling/honking Subjs advised, enrt home 25 12/09/94 0223 415- Loud Subjs GOAUTL 26 12/09/94 1212 925- Susp. Person Transient advised 27 12/09/94 1318 T/C in lot NRD, names exchanged 28 12/12/94 1733 242- Battery NRD/HBO, no crime 29 12/16/94 0143 Unknown Trouble- Yelling UTL, driver of veh. contacted -no DU[ 30 12/26/94 0207 925A- Susp. Veh in lot Homless man sleeping in veh., advised 31 01/12/95 2306 242- Battery Citizen Arrest 1- subj 32 01/15/95 0210 415- shots /yelling in lot GOAUTL 33 01/17/95 1730 Hazard per Pub. Works, Manhole Cover off in roadway 34 01/26/95 1240 Hazard Large truck stuck in lot, moved, call cancelled 35 02/04/95 0122 242- Battery Citizen arrest 36 02/04/95 2346 415 - customer dispute Clear, No Dispo indicated 37 02/06/95 0125 415- verbal dispute inside Kept Peace, subj contacted/sent on way 38 02/07/95 0157 415- shots /fighting/riot UTL X35 Police Responses Stick and Stein Page 2 39 02/17/95 1644 Lockout Child locked in veh Fire Dept handle 40 02/23/95 2108 925- susp. subj. Local Employee, checked OK 41 03/10/95 0155 415- yelling/honking GOAUTL 42 03/21/95 0018 925 subj. poss. casing GOAUTL 43 03/27/95 0152 594- Mal. Mischief Unfounded, movie being filmed 44 03/27/95 0111 925- Susp. Circumstances Unfounded, movie being filmed LEGEND GOAUTL Gone on Arrival, Unable to Locate NRD No Report Desired HBO Handled by Officer UTL Unable to Locate 116 MAP-29 -1995 09 °33 FROM fi&.,INGLEWOOD TO 322416^ P.03 `J BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE APPUCATION OF STEVENS0 Chad dba: Stick @ Stein Eatery dt Parlour 707 N. Sepulveda Blvd. Et Segundo, CA 91)243 for the issuance of an On -Sale General Eating Placed License under the Alcoholic Beverage Control Act. PETITION FOR CONDITIONAL LICENSE WHEREAS, peddoner(s) have/has rated an application for the issuance of the above- reterred to license, for the above - mentioned premises; and, WHEREAS, the proposed premises and/or parking lot operated in conjunction therewith are IoCatcd within 100 feet of 60 residences; and, WHEREAS, issuance of a license without the below described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4, Chapter 1, 'title 4 or the California Code of Regulations. NOW% THEREFORE, the undersigned petitioner(%) do /does hereby petition for a conditional license as follows, to -wit: 1. 1'he subject alcoholic beverage license shall not be exchanged for a public premises license, nor shall the premises be licensed with a public premise type license. 2. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in restaurants. 3. The sale of alcoholic beverages for consumption off the premises is prohibited. 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, The applicunt shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 3. The shall be so live entertainment or dancing permitted on the promises at any time. RECEIVED APR 5 1934 DEPT Ol A iih%tt; S OFRAG CONTROL lnr -c 3-19'° 67:3' FF'U TU STEVEii5, Chad dba: Stick do Stein Eatery & Parlour 707 N. Sepulveda Blvd. 1771 Segundo, CA 90245 PETITION FQR CONDITIONAL L I .RNRE (Continued) :Z24167 P.@-:' PAGR7 6. Entertalumcut provided shall not be audible beyond the licensed premises. 7. Between the hours of 9:00 p.m. and 3:00 a.m.. the applicant shall provide one (1) security guard In the parking lot who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of the property by nearby residents. S. No alcoholic beverages shall be consumed on any property adjacent to the licensed pienitsm under the control of the licensee. 9. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 10. Ughtiug in the parking area of the premises shall be positioned in such a manner so as not to unreasonably illuminate the window area of nearby residents. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23803 of the Business and Professions Code and will be carried forward in any transfer at the applicant premises. Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The peddoner(s) understand(s) that any violation of the foregoing condition($) shall be grounds for suspension or revocation of the license. _ �` /r �, i�✓te• -+ Date: Applicant /Petitioner XC PARAGON C A a L E April 5, 1995 LOS ANGELES The Honorable Michael Robbins E1 Segundo City Council 350 Main Street El Segundo, CA 90245 Dear Councilman Robbins: In response to your request to communicate the availability of signal traps for channels 98 and 99 to customers with at least one cable connection in their household without a converter, Paragon Cable will begin implementing the following plan. First, we must determine the number of traps needed. Paragon Cable will send a letter to a "test" market of 100 households (with at least one cable connection in their household without a converter) in El Segundo explaining the availability of the traps. Based on response, we will be able to determine the approximate number of traps needed for the whole city. This will minimize the possibility of creating either an over purchase or shortage of traps. In addition, by sending out letters to our test market, we can begin moving on the issue right away. Once we have determined an estimated number of requests we may receive with a full city mailing, our technical operations department will order the traps. Once the traps are in stock (6 -8 week delivery time), the rest of our customers will be informed The process of notification will be through bill stuffers and sent out in a three month cycle. Paragon Cable is dedicated to keeping our promise of a 12 -18 hour installation on traps. By staggering the notification, we will be able to fulfill our customers' service level expectations. Lastly, after all customers have been informed, we will begin including a bill message once a year stating the availability of the traps. Paragon Cable will also begin a policy whereby all new customer installation packets in El Segundo will contain the notification. I believe this plan is fair and efficiently addresses the issue that you have brought to our attention. We will keep you informed of our progress. }iii wa e , r w- Paul A. Fisher Vice President & General Manager cc- Jim Morrison, City Manager Carl Jacobson, Mayor 1511 Cravens Avenue Torrance, Coiifornio 90501 (310) 618 -9496 1 1 9 Owned by Time Worner Coble and Howton Indwtrn Incorporated CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE DATE: April 11, 1995 TO: Jim Fauk, Recreation and Parks Director FROM: Judy Andoe, Recreation Superintendent SUBJECT: Response to Adult Channel Audio According to Ron Parver, from the FCC Cable Services Division, the following information was provided: JA:mt 1. The "Decency" law does not apply to cable. It only applies to those operating over the air. (Major networks and radio). 2. The Adult channels were not ruled as obscene by the courts. 3. The only requirement for cable operators is to provide a parental control device for it's subscribers, at a charge. "Scrambling" the picture is over and above what is mandatory. 'Trapping ", especially for free, is definitely the exception rather than the rule. 120