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1995 MAY 16 CC PACKET-1AGENDA 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 podnim 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 I ce to parUcipate in Urs meeting, please w —W Hutton, 322 -3769 Notification 48 hours pnor to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting AMENDED AGENDA ADJOURNED REGULAR MEETING OF THE EL SE(UNDO CITY COUNCIL May 16, 1995 - 5:00 P.M W.TFIFUTE 11 �IN 91 1 W 131 CC BEIG W-1 I i e,, PUBLIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per person, 30 minute limit total) CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54950, gl sue.) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Govt 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. Mark Ross v City of El Segundo, WCAB (unassigned) 6 City of Los Angeles v City of El Segundo, Case Noa. BC 034185 7 El Segundo v Stephen S Rocco, d/b /a/ Big Brother, et al, Case No YC 19865 8. Glenn Barrier v City of El Segundo, LASC Case No. YCO 19914 Clamors Re Ram DamaW 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, Clamor 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, Clain No 95 -09 14 Jon Prescott v City of E1 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, Claim No 95 -13 17 Tnwell Properties Inc v City of El Segundo, Claim No. 95 -14 18. Bob's Antiques (Bob Rmebold) v. City of El Segundo, Claim No. 95 -15 19 Cole Industries v. City of El Segundo, Clain No 95 -16 20 Jack Siadek v City of El Segundo, Clain No 95 -17 21. Clemens and Kozloski v City of El Segundo, Claim No. 95 -18 22 Lester McIntosh v City of El Segundo, Clain 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, Claim No 95 -28 27 Edward Mowad v City of El Segundo, Clain 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): 6 potential cases (no further public statement is required at this tine), Initiation of litigation pursuant to Gov't Code Section 54956.9(c)• 2 matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) 2 Matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) 2 matters REPORT OF ACTION TART IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) ADJOURNMENT POSTED- DATE -t; 10 N5- TIME 3 c NAME '— ti 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 paricipme in this meeting, please con ac fhlton, 322 -3769 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to tlus meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO MY COUNCIL May 16, 1995 - 5:00 P.M PUBLIC COMMUNICATIONS - (Related to Cily Business Onlg) - 5 minute limit per person, 30 minute limit total) CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et 5N) 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 (Govt Code Section 54956 9(a)) 1 Summerfield tax litigation, Case No BC 106640 2. Chaffin v. City of El Segundo, USDC Case No CV94 4444AWr(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. Mark Ross v City of El Segundo, WCAB (unassigned) 6 City of Los Angeles v City of El Segundo, Case Noa BC 034185 7 El Segundo v Stephen S Rocco, d/b /a/ Big Brother, et al, Case No YC 19865 8 Glenn Barrier v City of El Segundo, LASC Case No YCO 19914 0 2 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, Claim 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, Claim 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, Clain 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, Clain 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, Clain No. 95 -24 26. Challenge Noble Inc v. City of El Segundo, Claim No 95 -28 27 Edward Mowad v City of El Segundo, Clain No 95 -30 28. Reliable Tool v. City of El Segundo, Claim No 95 -31 29. B/G Engineering v. City of El Segundo, Claim 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): 6 potential cases (no further public statement is required at this tine); Initiation of litigation pursuant to Gov't Code Section 54956 9(c): 2 matters DISCUSSION OF PERSONNEL MATTERS (Godt Code Section 54957). 2 Matters CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Godt Code Section 54957.6) None REPORT OF ACTION TARN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) POSTED: DATE 5 0 9S TIME NAME ` 0 3 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 g7ve 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 MAY 16, 1995 - 7.00 P.M. Next Resolution # 3918 Next Ordinance # 1238 CALL TO ORDER INVOCATION - Rev John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE - Councilman Robbins PRESENTATIONS - 1 Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Lisa Yamell - Fire Protection Inspector II Evelyn Gossett - Office Specialist II Gregory Howden - Lateral Transfer Police Officer Eric Lennstrom - Police Officer Stephen Van Schoyck - Lead Custodian 2 Proclamation declaring the week of May 21 -27, 1995 as "National Public Works Week" in the City of El Segundo and recognizing the contributions that public works officials make to our everyday health, safety and comfort 3 Proclamation declaring June 3, 1995 as "Law Enforcement Records & Support Personnel Day" in the City of El Segundo ROLL CALL " 0 4 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 C. UNFINISHED BUSINESS - 1 Adoption of a resolution consistent with Council direction of May 2, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environment Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd Applicant Mr Tom Ennis, N/S Recommendation - 1) Discussion of proposed resolution; 2) Reading of resolution by title only; and 3) By motion, adopt resolution. 2 Adoption of a resolution consistent with Council direction of May 2, 1995 to approve the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance No 94 -1 to allow a new Air Freight Forwarding and Office Facility at 2310 E Imperial Highway Applicant The Midway Companies for Burlington Air Express Recommendation - 1) Discussion of proposed resolution; 2) Reading of resolution by title only; and 3) By motion, adopt resolution. I "131 go] *3 9XII [KI]u 1175 10 0 Y s1 M.11L1 117.`1:1011 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 219102 - 219292 on Demand Register Summary Number 43 in total amount of $617.966 95 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2 Warrant Numbers 219293 - 222115 on Demand Register Summary Number 44 in total amount of $111.609 01, and Wire Transfers in the amount of $144.765 66 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 04/22/95 to 05/05/95. 3 City Council meeting minutes of March 21, April 4, April 18. and May 2 1995 Recommendation - Approval. 4 Approval of Amendment to the Agreement for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District Recommendation - Authorize the Mayor to execute Amendment on behalf of the City. 2 t 0 MKIM 5 Proposed Resolutions adopting Disability Retirement Procedures for local safety members and delegating to the Director of Human Resources/Risk Management and City Manager /designee the authority to make preliminary and proposed determinations of disability for the purpose of safety member disability retirements or disability retirement cancellations Fiscal impact Limited to costs required to conduct hearings Recommendation - Adopt Resolutions. 6 Adopt Plans and Specifications No PW 95 -1 for Repair of Sewer Main Lines 1994 -95 (estimated cost - $110,000) Recommendation - 1) Adopt plans and specifications. 2) Authorize Staff to advertise for bids. 7 Award contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No PW 94 -14, to Pavement Coatings Company (contract amount - $68.972 88) Recommendation - 1) Award contract to the lowest responsible bidder, Pavement Coatings Company, in the amount of $68,972.88. 2) Authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the City Attorney. 8 Sports Lighting Improvements at the Richmond Street Middle School Field and Recreation Park Protect No PW 94 -7 (Final contract amount $131.480) Recommendation - 1) Approve Change Order No. 1 in the amount of $1,500.00. 2) Accept the work as complete. 3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's office. 9 The City of El Segundo is the recipient of awards in both budgeting and financial reporting from the National Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO) Recommendation - Receive and file. 10 Proposed contract renewal with the Los Angeles Southern California Humane Society to provide animal control and shelter service for the City of El Segundo at a cost of $42.692 per year for two years Recommendation - Approve contract. 11 Ownership transfer of existing Alcoholic Beverage Control (ABC) license for on -site beer and wine sales at Hana Haru restaurant at 409 Main Street, with no change in tvne of ABC license or use Recommendation - Confirm that the City does not protest the ownership transfer and authorize the Police Chief and Director of Planning and Building Safety to review and comment to the ABC on ownership transfers with no change in type of ABC license or use. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 1 Resolution of the City of El Segundo declaring its intention to provide for the abatement of weeds Recommendation - 1) Discussion. 2) Read Resolution by title only. 3) Adopt the Resolution. 3 6 2 Request authorization to schedule a City Council workshop to discuss the police and fire 911 communication project Recommendation - Select a date and reconvene City Council to meet at the Matsui Room at the El Segundo Library for the purpose of conducting a workshop to discuss the police and fire 911 communication project. 3 Distribution of Preliminary Budget document for FY 95/96 and request to schedule City Council workshops and public hearing to discuss FY 95/96 budget matters Recommendation - Select dates and location for Workshops and Public Hearing on FY 95/96 budget. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - 1 Retention & Destruction Policies Recommendation - Approval of the proposed Schedule for the City Clerk's Department and Library. L NEW BUSINESS - CfI7Y TREASURER - NONE .b NEW BUSINESS AND REPORTS - CITY Councilwoman Friedkin - 1 Discussion and possible action with regard to the Zoning Code provisions for narking and landscaping requirements in commercial and industrial zones Recommendation - Request Planning Commission to review and prepare a report to Council. 2 Discussion and possible action with regard to Zoning Code provisions for vacant or unoccupied lots (residential, commercial and industrial) and maintenance responsibilities Recommendation - Request Planning Commission to review and prepare a report to Council. Councilman Robbins - 1 Status report on business retention and attraction program Recommendation - Discussion and possible action. 2 Need to address problem of excessive errors and omissions in City Council Recommendation - (1) Oral report reviewing this problem and applicable state law and municipal code; (2) Address City Clerk's memorandum claiming that the City Council has no legal authority to control the accuracy or content of the City Council minutes and that the City Clerk can approve City Council minutes without the minutes appearing on a City Council agenda for Council approval; (3) Ask the City Attorney for a ruling on whether the City Council has the legal authority and responsibility to control the content of City Council minutes to ensure accuracy and completeness, and to delegate the minutes secretary function as the City Council deems appropriate; (4) Discussion of whether video and audio tapes are a substitute for accurate and complete minutes; 4 IN (5) Discussion and possible action, including any of the following: (a) Direct the City Attorney to put the above Wiling in writing; (b) Direct the City Attorney to draft a resolution delegating the minutes secretary function for the City Council, and other boards and commissions, to be a responsibility of the City Manager's Department, and/or (c) Direct the City Cleric to comply with existing City Council policy on the accuracy and content of the City Council minutes. 3 Past sewer fees not billed or collected as required by City ordinance Recommendation - Discussion and possible action. 4 City policy on the use of public funds for City employees to ,loin professional organizations and attend meetings where votes are taken on issues of public nolicv and Dolitical lobbvme efforts Recommendation - Discussion and possible action on City policy regattling the use of public funds for employee membership dues, paid time off, and conference and travel expenses for participation in professional organizations which lobby government on issues of public policy. 5 Need to revise General Plan and Zoning Code to correct internal inconsistencies and unreasonable assumptions, and re- examine development densities and parking requirements Recommendation - Discussion and possible action. 6 Status of City Attorney bill audit, prospects for reductions in past billings and in the City Attorney budget for FY'95/96 City budget, and alternative methods Of Drovidmg Citv Attomev services Recommendation - Discussion and possible action relating to the City Attorney bill audit, future legal costs and budget, and alternative methods of providing City Attorney services, including any of the following: (1) Hire an in -house City Attorney to handle routine legal business, contract out specialized legal services to the best law firm at the best price, and audit legal bills; (2) Put the legal services contract up for competition; (3) Continue contracting legal services from Burke, Williams, & Sorenson at reduced cost, if possible. Councilman Switz - NONE Mayor Pro Tern Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS - Adjournment in Memory of William 'Bill" Cameron CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p m, May 16, 1995 under "Closed Session" (if needed) 5 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME, e 009 PROCLAMATION public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sanitation, sewers, storm drains, streets and highways, public buildings, transportation and solid waste collection; and WHEREAS, the health, sgjety and comfort of this community greatly depend on these facilities and services; and WHEREAS, the quality and effectiveness of thesefacilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who stg,B'' public works departments is vitally influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, the City Council of the City of El Segundo does hereby proclaim May 21 -27, 1995 as "EL SEGUNDO PUBLIC WORKS WEEK" and calls upon all citizens of this city to be aware of these essential services which we take for granted and to recognize the contributions that public works q#kials make to our everyday health, sgfety and comfort. Dated: May 16, 1995 Carl Jacobson, Mayor Liam Weston, Mayor Pro Tem Michael D. Robbins, Councilman Richard J. Switz, Councilman Jane Friedkin, Councilwoman 9". 010 PROCLAMATION WHEREAS, law enforcement agencies throughout our state depend greatly upon law enforcement records and support personnel to provide them with vital services and support; and WHEREAS, these dedicated professionals continually use their expertise and experience to assist in tracking felons, maintaining criminal statistics and furthering effective apprehension strategies; and WHEREAS, law enforcement records and support personnel also assist in booking, fingerprinting and incarcerating criminals; and WHEREAS, this valuable support is crucial to helping law enforcement agencies identify, pursue, and capture suspects and criminals, and WHEREAS, once again this year, the California Law Enforcement Association of Records Supervisors (CLEARS) will be holding its annual conference to help promote progress and continued success within their profession; and WHEREAS, all citizens should be aware of the valuable role which law enforcement records and support personnel play in our state's overall law enforcement system; NOW, THEREFORE, the City Council of the City of El Segundo does hereby join Governor Pete Wilson to proclaim June 3, 1995, as LAW ENFORCEMENT RECORDS & SUPPORT PERSONNEL Dated this 1 Gth day of May, 1995. Carl Jacobson, Mayor Liam Weston, Mayor Pro Tern Michael D. Robbins, Councilman Richard J. Switz, Councilman lane Friedkin, Councilwoman Oil EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 1995 AGENDA ITEM STATEMENT AGENDA HEADING. Unfinished Business AGENDA DESCRIPTION: Adoption of a resolution consistent with Council direction of May 2, 1995 to deny the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -359 and Conditional Use Permit 94 -6 to allow a car wash with a 2 rack mini -lube facility at 639 Sepulveda Blvd Applicant Mr Tom Ennis, N/S Corporation RECOMMENDED COUNCIL ACTION: 1) Discussion of proposed resolution, 2) Reading of resolution by title only, and 3) By motion, adopt resolution BRIEF SUMMARY: The City Council at their May 2, 1995 meeting, held a continued public hearing and reviewed the facts related to Environmental Assessment EA -359 and Conditional Use Permit 94 -6, and directed staff to prepare a resolution for Council consideration denying the appeal of the Planning Commission decision, thereby denying the referenced project ATTACHED SUPPORTING DOCUMENTS* A City Council Resolution No FISCAL IMPACT. (Check one) Operating Budget: Capital Improv. Budget: None Amount Requested, Project/Account Budget: Project/Account Balance: Date. Account Number: Project Phase,— Appropriation Required - Yes_ No_ Director of Plannin d Building Safety W Morrison, City Manager ea -359 cf 6 012 RESOLUTION NO. — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 94 -6, TO ALLOW A CAR WASH WITH A MINI -LUBE FACILITY AND ACCESSORY USES, INCLUDING A 24 -HOUR MINI -MART WITH FOOD AND OFF -SITE CONSUMPTION BEER AND WINE SALES, AND REJECTING A PROPOSED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT (EA-359), FOR THE PROJECT LOCATED AT THE SOUTHWEST CORNER OF SEPULVEDA BLVD. AND PALM AVENUE, 639 N. SEPULVEDA BLVD. PETITIONED BY THOMAS G. ENNIS, NIS CORPORATION. WHEREAS, an application has been received from Thomas G Ennis, NIS Corporation, requesting approval of an Environmental Assessment and Conditional Use Permit to allow the development of a car wash with gasoline sales and a mini-lube facility, and accessory uses, including a 24 -hour mini -mart with food and off -site beer and wine sales ( "Project ") on a currently vacant 0 86 acre lot located at 639 Sepulveda Blvd in the General Commercial (C -3) Zone, and WHEREAS, an Environmental Assessment (EA -359), including a Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for the new use, has been prepared and circulated to all interested parties, staff, and affected public agencies for review and comment in the time and manner prescribed by law, and WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805), and WHEREAS, a Traffic Impact Study was conducted by Stevens - Garland Associates to evaluate all transportation and circulation impacts associated with the project and submitted with the application, and WHEREAS, an Acoustical Analysis was conducted by Davy & Associates, Inc to evaluate any potential noise impacts associated with the operation of the facility and submitted with the application, and WHEREAS, a Fiscal Impact Analysis to evaluate the project costs versus project revenues and the project's impact on City services was conducted by the Planning Staff, and WHEREAS, on March 9, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment EA -359 and Conditional Use Permit 94 -6, and WHEREAS, at the said hearing, the Planning Commission adopted Resolution No 2362, denying EA -359, and CUP 94 -6, and WHEREAS, on March 16, 1995, within the ten day appeal period, an appeal to the City Council of the Planning Commission decision was filed by Mr Ennis, the applicant, and WHEREAS, the proposed project was revised to include elimination of the gasoline sales, left - turns onto Palm Avenue, and the westernmost driveway onto Palm Avenue which will create three additional parking spaces, and WHEREAS, the proposed project was further revised to include a point of sale office with the sales tax revenue generated from $3 million dollars in car wash equipment sales by NIS Corporation, and to limit the hours of the proposed convenience store to 6 a in - 12 midnight, and WHEREAS, on April 18, 1995, the City Council did hold, pursuant to law, a duly advertised public hearing on the appeal, and notice of the public hearing was given in the time, form and manner prescribed by law, and the Council received public testimony related to the conditional use permit, and continued the hearing to the May 2, 1995 City Council meeting, and 013 WHEREAS, on May 2, 1995, the City Council did hold, pursuant to law, a duly advertised continued public hearing on the appeal, and notice of the public hearing was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for and against proposed Environmental Assessment EA -359 and Conditional Use Permit 94 -6, and WHEREAS, at said hearing the following facts were established 1 The applicant is proposing to construct a new car wash facility on a currently vacant 0 86 acre lot located at 639 N Sepulveda Blvd The project also includes accessory uses of a 2,815 square foot mini -mart retail store with prepared food and off -site consumption beer and wine sales All uses shall comply with all of the Zoning Code development standards 2 The building is two stories, 29 feet maximum in height The first floor of the building is occupied by the mini -mart, food preparation and sales area, restrooms, equipment rooms and corridor Employee areas are on the second floor The building floor area is 7,381 square feet, plus the 2,498 square foot wash tunnel, for a total building area of 9,879 square feet 3 The proposed project would have three queuing lanes, with a 20 car capacity, leading cars to the vacuuming area, a one -lane wash tunnel, and a final customer pick -up area, with an 8 car capacity A 15 foot wide gated emergency escape lane, on the south side of the wash tunnel, is also provided 4 The site is rectangular in shape and 181 feet wide by 206 61 feet in length and zoned General Commercial (C -3) The car wash and lube facility are defined as a service station which is not a permitted use in the Zoning Code and requires approval of a Conditional Use Permit Accessory uses must be approved as a part of the Conditional Use Permit process The purpose of General Commercial (C -3) Zone, pursuant to Section 20 33 010 is to provide for the development of commercial establishments which serve a broad cross - section of the City and surrounding area Regulations are designated to promote and control their growth in a favorable environment to all abutting and surrounding land uses It is the intent of the C -3 Zone to allow a broad spectrum of retail and service commercial uses 5 The surrounding area is developed with one- and two -story multiple- family residential units and a two -story restaurant/bar /billiards parlor across Palm Avenue to the north, a multi -story office building and single story commercial shopping center across Sepulveda Blvd to the east, and a surface parking lot immediately to the south and west To the west of the parking lot, approximately seventy three (73) feet away from the car wash site, is a multi - family residential area which has a grade level approximately eight (8) to ten (10) feet higher than the car wash site Beyond these residential units is a neighborhood park There is an existing 2 foot high retaining wall on the west side of the property with an existing 6 foot chain link fence on top which separates the surface parking lot from the proposed car wash site The surrounding properties to the north are zoned General Commercial (C -3) and Multi - Family Residential (R- 3), the south and east sides are zoned Parking (P), and to the east are Corporate Office (CO) and General Commercial (C -3) Zones 6 The proposed project is subject to the California Environmental Quality Act (CEQA) In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental and affected agency review No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts to traffic /circulation, noise, air quality and public services 7 The Fiscal Impact Analysis, utilizing the City's Fiscal Impact Model, indicates that the project without gasoline sales, will generate a fiscal surplus for the City of $13,100 during its first five years of operation, after consideration of City service costs The Fiscal Impact Analysis, including the new component (the sales tax revenue generated from car wash equipment sales by NIS Corporation), indicates that the project will generate a net surplus for the City of $190,300 during its first five years of operation 8 At the public hearing, public testimony was presented that indicated that the project would generate additional vehicular trips which would impact parking, pedestrian and vehicular safety, and traffic flow on the streets in the immediate vicinity of the site, particularly Palm Avenue which is substandard in width and sloped, traffic will increase on Sepulveda and slow down the flow, the proposed number and size of the parking spaces will be inadequate to accommodate the demand of the facility, particularly the employee parking demands, the proposed project would result in an increase in noise levels due to the facility operations, the 2 �� 014 increase in vehicle fumes result in significant air quality impacts to the adjacent residential areas, the development of the proposed facility in the vicinity of Washington Park will be detrimental to the safety of children using the park and will impact activities in the park NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA -359 and Conditional Use Permit 94 -6, the City Council makes the following findings ENVIRONMENTAL ASSESSMENT 1 In reviewing the project the City Council considered the proposed Mitigated Negative Declaration along with testimony and evidence received at the public hearings, during the public review process The Planning Commission and City Council received testimony and evidence at the public hearings which established a fair argument that significant environmental impacts may occur which cannot be mitigated to a level of insignificance Based on the testimony and evidence related to negative impacts on parking, circulation, traffic and noise, the City Council rejects the proposed Mitigated Negative Declaration of Environmental Impacts and finds the Mitigated Negative Declaration to be inadequate CONDITIONAL USE PERMIT 1 That the proposed location of the project and the conditions under which it would be operated or maintained will be detrimental to the public health, safety and welfare, and materially injurious to properties or improvements in the vicinity, since the proposed project will generate additional vehicular trips and parking demand, particularly during the weekdays' afternoon peak hours and during the Saturday afternoon peak hours of 1 -2 p in This will impact vehicular and pedestrian safety and parking on the streets in the immediate vicinity of the site, particularly Palm Avenue, which is a local residential street with a sloping substandard pavement width of 30 feet and limited on- street parking only on the south side The employee parking is inadequate to meet the demands The increase in traffic volumes and vehicle fumes will have an impact to the residential areas to the west and north of the proposed project The traffic study does not consider the proximity of the proposed project to the existing neighborhood park The development of the project would result in an increase in noise levels generated by the car wash operation, the vacuums, and lube facility and after hours maintenance, particularly since the orientation of the wash tunnel will funnel noise towards the residents to the west The adjacent residential area is already heavily impacted by traffic and business operations noise from existing adjacent commercial uses and Sepulveda Blvd The development of the proposed facility in the vicinity of the existing park will also be detrimental to the safety of children using the park and will negatively impact activities in the park SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the appeal of the Planning Commission decision, thereby denying Environmental Assessment EA -359 and Conditional Use Permit 94 -6, and SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 16th day cf May, 1995. Carl Jacobson, Mayor City of El Segundo, California California 3 4 015 ATTESTED Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM land C Dolly City Attorney EA Sag t,5 so 016 EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 1995 AGENDA ITEM STATENIENT AGENDA HEADING: Unfinished Business AGENDA uttA;RIPTION: Adoption of a resolution consistent with Council direction of May 2, 1995 to approve the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA-352, Conditional Use Permit 945 and Variance No 941 to allow a new Air Freight Forwarding and Office Facility at 2310 E Imperial Highway Applicant The Midway Companies for Burlington Air E)press 1) Discussion of proposed resolution, 2) Reading of resolution by title only, and 3) By motion, adopt resolution The Gty Council at their May 2, 1995 meeting, held a public hearing and reviewed the facts related to Environmental Assessment EA -352, Conditional Use Permit 945, and Variance No 941 and directed staff to prepare a resolution for Councl consideration which approves the appeal of the Planning Commission deasion, thereby approving the referenced project The conditions listed in the attached resolution include mitigation measures as required by the Initial Study, standard conditions and conditions as recommended by other departments In response to the Counal's direction at the May 2, 1995 meeting, the following conditions have also been added to the resolution 1 Condition #5 - Traffic mtigabon fee of $100 per gross square foot 2 Condition #6 - Agreement to pay annual fee equal to business license tax 3 Condition #9 - Mature landscaping throughout site and to screen wall on Imperial Highway 4 Condition #10 - Solid wall on Imperial Highway 5 Condition #15 - Pursuit of traffic signal at Imperial Highway driveways Additionally, the applicant has agreed to install a "City of El Segundo" entry monument sign on the site, which has been specified in Condition #13 ATTACHED SUPPORTING DOCUIVVIENTS: 1) City Council Resolution No 2) Color Copy of Rendering of "City of EI Segundo" Entry Monument Sign WAU 1: (Che,ck one) Operating Budget Capkal .. Budget- None • . c c ..- ProjectlAccount Balance: Date: Account Number . . Appropriation Required - Yes— No- . ilding Safety • Date: Manager at agendas \0.51695 ais 00 017 PM&TORU Y relze-MI) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 94 -5 AND VARIANCE 94 -1 FOR THE SITING OF LOADING SPACES, AND CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA-352, TO ALLOW A NEW 93,800 SQUARE FOOT AIR FREIGHT FORWARDING FACILITY ON A VACANT LOT LOCATED AT 2310 E. IMPERIAL HIGHWAY. PETITIONED BY: THE MIDWAY COMPANIES FOR BURLINGTON AIR EXPRESS. WHEREAS, on September 30, 1994, an application was received from The Midway Companies requesting approval of an Environmental Assessment, Conditional Use Permit and Variance to allow a new 95,300 square foot Air Freight forwarding facility on a vacant 5 33 acre site at 2310 E Imperial Highway in the Urban Mixed -Use (MU) Zone The 3 variance requests are for 1) the southeast corner setback, 2) siting of loading spaces and 3) driveway width, and WHEREAS, an Environmental Assessment (EA -352), including a Draft Initial Study and Mitigated Negative Declaration of environmental impacts for the new use has been prepared and circulated to all interested parties, staff and affected agencies for review and comment in the time and manner prescribed by law, and WHEREAS, the Planning Commission has reviewed Environmental Assessment EA -352 and the supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution No 3805), and WHEREAS, a Traffic Impact Study was conducted to evaluate all transportation and circulation impacts associated with the project and submitted with the application, and WHEREAS, an Acoustical Analysis was conducted to evaluate any potential noise impacts associated with the operation of the facility and submitted with the application, and WHEREAS, a Fiscal Impact Analysis to evaluate the project costs versus pio ect revenues and the project's impact on City services was conducted and submitted Hith the application, and WHEREAS, on March 9, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter and notice of the public healing was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for and against proposed Environmental Assessment EA -352, Conditional Use Permit 94 -5 and Variance 94 -1, and WHEREAS, on April 6, 1995 the Planning Commission adopted Resolution No 2363 denying EA -352, CUP 94 -5 and Variance 94 -1, and WHEREAS, on April 14, 1995, within the ten day appeal period, an appeal to the City Council of the Planning Commission decision was filed by Mr Bo Sanford, the applicant's representative with the Midway Companies, and WHEREAS, on May 2, 1995, the City Council did hold, pursuant to law, a duly advertised public hearing on the appeal, and notice of the public hearing was given in the time, form and manner prescribed by law, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for and against proposed Environmental Assessment EA -352, Conditional Use Permit 94 -4 and Variance 94 -1. and 018 WHEREAS, at said hearing the following facts and findings were established 1 The site is a legal 5 33 acre vacant lot, which was previously occupied by a 143,500 sq ft 1940's manufacturing building which was demolished in 1993 The site is rectangular except for the southeast corner which curves northwards with the railroad tracks and MTA overhead line 2 The applicant proposes to construct a new 93,800 sq ft freight forwarding facility, with 20,000 sq ft of 2 -story office and 73,800 sq ft of warehouse with an FAR of 43 Thirty -seven dock doors, including 21 on the north and 16 on the south side, are proposed 3 The primary site access is from Imperial Highway with egress only onto Lapham Street, and access would be controlled through gated driveways One hundred and twenty parking and 7 truck waiting spaces are proposed 4 A total of 103 employees, 88 full-time and 15 part -time, would occupy the site Site functions would include sales /marketing, freight handling, accounting, area personnel management, dispatch and communication 5 Imperial Highway borders the property on the north side with the I -105 Freeway structure above Beyond Imperial Highway is the Imperial Cargo Terminal at LAX, in the City of Los Angeles, with similar freight forNro.0 d- ing facilities, zoned Light Industrial (112 -1) To the west is a 7 -story office building and beyond Douglas Street is the Kilroy Airport Center with over 700,000 sq ft of modern highrise offices Lapham Street borders the property on the east side, and a vacant strip with parking, an MTA construction staging site, and AT &SF railroad tracks are beyond The Metro Green Line Light Rail overhead structure borders the property on the south side with AT &SF railroad tracks below and the Northrop Grumman Manufacturing facility beyond The closest Green Line station, at Aviation, is 500 feet east of the site and the proposed Del Norte station would be 900 feet west of the site All of the surrounding properties to the east, west and south are zoned Urban Mixed Use (MU), the same as the subject property 6 The site is zoned Urban Mixed -Use (MU) which requires freight forwarding companies to ubtain a Conditional Use Permit The purpose of the Urban Mixed -Use Zone is to provide area(s) where a mixture of compatible commercial, offices, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner It is the intent of the MU Zone to have several types of uses occupying a single building, or if a project includes multiple buildings, then each building should contain a different type of use 7 The proposed project requires the following variance from the Zoning Code Loading Spaces - siting to avoid views from public streets is required, 21 loading docks face Imperial Highway 8 The proposed project is subject to the California Environmental Quality Act (CEQA) In accordance with State guidelines and local requirements, a Draft Initial Study and Mitigated Negative Declaration was prepared and circulated for interdepartmental and affected agency review No significant adverse impacts were identified which could not be mitigated to an insignificant level, including impacts related to traffic /circulation, light and glare, water, recreational facilities, air quality, and public services 9 The Fiscal Impact Analysis, utilizing the assumptions in the City's Fiscal Impact Model, and assuming the applicant would pay the standard business license tax, indicates that the project will generate a fiscal surplus for the City of $122,200 over its first five years, after consideration of City service costs 2 •i n19 10 During the application process the applicant offered to pay the City's business license tax and a traffic mitigation fee of $100 per square foot of building floor area During the City Council public hearing the applicant confirmed the offer to pay the business license tax and traffic mitigation fee and voluntarily agreed to pay the fees NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: AFTER CONSIDERING THE ABOVE FACTS, TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING, AND STUDY OF PROPOSED ENVIRONMENTAL ASSESSMENT EA -352, CONDITIONAL USE PERMIT 94-5 AND VARIANCE NO. 94 -1, THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS FOR THE PROPOSED PROJECT: ENVIRONMENTAL ASSESSMENT FINDINGS The City Council hereby makes the following findings related to the environmental effects 1 The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law The Initial Study concluded that although the proposed project could have a significant effect on the environment, the adoption of mitigation measures would reduce these effects and impacts to a less than significant level The potentially significant effects identified in the Initial Study related to increased demand for public services, transportation /circulation impacts on Imperial Highway and Lapham Street, light and glare from the exterior lighting, water due to the existing storm drain facility, employee recreational facilities and construction related fugitive dust emissions The impacts on public services were reduced to a level of insignificance by the mitigation measures set forth in Conditions 1, 2, 3, 4, 5, 6, 7, and 8 of Section 2 of this Resolution The impacts on transportation /circulation were reduced to a level of insignificance by the mitigation measures set forth in Conditions 15 and 16 of Section 2 of this Resolution The impacts of light and glare were reduced to a level of insignificance by the mitigation measures set forth in Condition 7 of Section 2 of this Resolution The impacts to the existing storm drain facility were reduced to a level of insignificance by mitigation measures set forth in Condition 16 of Section 2 of this Resolution The impacts to City recreational facilities were reduced to a level of insignificance by the mitigation measures set forth in Condition 14 of Section 2 of this Resolution The effect of construction related fugitive dust emissions were reduced to a level of insignificance by the mitigation measures set forth in Condition 25 of Section 2 of this Resolution The Initial Study recommended that a Mitigated Negative Declaration of Environmental Impact be prepared pursuant to the California Environmental Quality Act (CEQA), and 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and 3 That the City Council thereby authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mmimus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County 3 6 r 020 GENERAL PLAN CONSISTENCY FINDINGS The City Council hereby finds that the proposed project is consistent with the Genet al Plan based on the following 1 The location of the proposed conditional use is in conformance with the General Plan Urban Mixed Use designation which is designed to allow for flexibility of uses near the three proposed and one future Green Line transit stations in the City The project location in proximity to the airport is compatible with the surrounding uses since it provides a transitional use between the airport and mixed -use properties in El Segundo, the freight forwarding use is compatible with adjacent LAX cargo facility uses, and the project includes a large percentage of office use Additionally, the elevated I -105 Freeway to the north and elevated MTA Green Line rail to the south are detrimental to the site and discourage development of other types of uses on the site 2 The proposed project in this location is in conformance with Economic Development policy (ED 1-12) which relates to diversification of an economic base and balancing economic development and quality of life goals 3 The proposed project in this location is in conformance with the following General Plan Land use goals, policies and objectives (LU 1.5 5, LU 4, LU 4 -3 1, LU 5 -1, LiJ 5 -2, LU 5 -2 1, LU 5 -4, and LU 5 -6) which relate to beautifying the City entrances, providing a stable tax base through development of new commercial uses within mixed -use areas, providing landscaping, attracting industries with economic benefit and environmental quality enhancement, encouraging high - quality, well designed industrial development, providing landscaping in parking areas and around buildings, maintaining a balanced and diversified industrial base, and encouraging a mix of office and light industrial uses in industrial areas 4 The proposed project in this location is in conformance with the following Circulation Element policies and objectives (C 1 -1 16, C 2 -2 2, C 2 -3 3, C 2 -5 1, C 3- 1, C 3-17, and C 4-12), related to upgrading of substandard streets, providing bicycle and shower facilities, providing pedestrian linkage to the Green Line, implementation of TDM standards, evaluation of circulation system impacts, providing adequate pedestrian and bicycle access and evaluation of project impacts on CMP routes 5 The proposed project in this location is in conformance with the following An Quality Element policies and objectives (AQ 10-13 and AQ 12-12), which relate to requiring conformance with the SCAQMD PM10 standards, and encouraging energy conservation features in the design of new projects VARIANCE CONSISTENCY FINDINGS The City Council hereby finds that the proposed project is consistent with the findings of a variance for the siting of the loading spaces based on the following 1 That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the vicinity and zone, since the freight forwarding use requires a large number of dock doors and with the east /west orientation of the rectangular shaped corner lot, dock doors could not be reoriented in a manner to not be sited adjacent to the street Additionally, the property has exceptional obstructions including the Green Line and freeway overheads and adjacent tail lines which limit site development, and 2 That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but x�'hich is denied to the property in question, since cross dock loading is an essential part of the quick and efficient operation of the freight forwarding use, and 3 That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the property is located, since the loading spaces will be substantially screened from public view from Imperial Highway and Lapham Street with a solid wall and a landscape buffer of trees, shrubs and vines Additionally, the office 4 64 021 component on the center north side of the building, which projects 70 feet beyond the warehouse, breaks up the building mass and provides an attractive focal point, and 4 That the granting of the variance will not adversely affect the comprehensive general plan, since the wall, landscaping and modern well- designed building will enhance the visual aspects of the site CONDITIONAL USE PERMIT FINDINGS The City Council hereby finds that the proposed project is consistent with the findings of the Conditional Use Permit based on the following 1 That the proposed location of the conditional use is in accord with the objectives of the El Segundo Municipal Code and the purposes of Section 20 36 010 of the City's Municipal Code since it is consistent with the intent of the General Plan land use designation for Urban Mixed -Use which permits a mixture of compatible commercial, offices, research and development, retail, and hotel uses where they can be located and developed in a mutually beneficial manner Light industrial uses conducted within a fully enclosed building are permitted if approved with a discretionary application The intent of the zone is also to create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within the MU Zone The location of the proposed conditional use is in conformance with the General Plan Urban Mixed Use designation which is designed to allow for flexibility of uses near the three proposed and one future Green Line transit stations in the City 2 That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public safety and welfare and materially injurious to properties or improvements in the vicinity, since the proposed use will not impact traffic flow, safety, and operations on Imperial Highway or Lapham Street and all potential impacts are mitigated 3 That the proposed conditional use will comply with each of the applicable provisions of Chapter 20 74 of the El Segundo Municipal Code, since proper notice and hearing were provided, proper hearing decision and records have been complied with and the required findings have been considered SECTION 2. THE CITY COUNCIL HEREBY OVERTURNS THE PLANNING COMMISSION DENIAL AND APPROVES ENVIRONMENTAL ASSESSMENT EA-352, CONDITIONAL USE PERMIT CUP 94 -5 AND VARIANCE NO. 94 -1 AND ADOPTS AND CERTIFIES A MITIGATED NEGATIVE DECLARATION OF THE PROPOSED PROJECT SUBJECT TO THE FOLLOWING CONDITIONS AND MITIGATION MEASURES: 1 Prior to approval of the building plans, the applicant shall develop plans which indicate that the project is in substantial conformance with plans approved and on file with the Department of Planning and Building Safety Any subsequent modification to the project as approved shall be referred to the Director of Planning and Building Safety for a determination regarding the need for Planning Commission review of the proposed modification 2 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time library services mitigation fee of $0 03 per gross square foot of building floor area 3 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of building floor area 4 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of building floor area 5 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time traffic mitigation fee of $100 per gross square foot of building floor area 6 Prior to approval of the building plans, the applicant shall submit an agreement to the City Attorney, for review and approval, which ensures that the applicant will pay an annual fee to the City equal to the annual business license fee This fee is 5 022 required to mitigate the project impacts to City services and is not required to be paid if business license fees are also required The applicant shall pay the City Attorney's costs for preparing and /or reviewing the agreement The agreement shall be finalized and signed by both parties and recorded prior to the issuance of a Certificate of Occupancy 7 Prior to approval of the building plans, the applicant shall submit a Security Plan, including a complete revised exterior lighting plan, to the Director of Planning and Building Safety and Police Department for review and approval The plan shall be in substantial conformance with the memo dated February 21, 1995 from the Police Department The lighting plan must include a photometric study, which indicates minimum off -site illumination and glare, but still complies with the Police Department recommendations The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate S Prior to approval of the building plans, the applicant shall submit a Fire /Life Safety Plan to the Fire Inspection Division of the Department of Planning and Building Safety which includes, but is not limited to the following A Fire sprinklers with in -rack sprinkler heads, B A smoke control system with roof vents, C Fire Department access doors (single leaf swing type) in every 100' of �N all, D A fire alarm system with water flow alarms included, and central station monitoring, and E Fire lane marking All Fire /Life Safety Plan requirements must be installed and operational prior to issuance of a Certificate of Occupancy 9 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Planning and Building Safety and Director of Recreation and Parks prior to approval of the building plans All landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner The applicant shall incorporate a majority of mature landscaping into the plan Mature trees, shrubs and vines and a berm shall be used to screen the solid wall along Imperial, and the north side dock doors, from view from Imperial Highway The Plan shall be reviewed and approved by the Director of Planning and Building Safety and Director of Recreation and Parks and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy 10 Prior to approval of the building plans, the applicant shall submit a fencing and wall plan which indicates a solid, colored, textured concrete block wall, 6 to 10 feet in height, adjacent to Imperial Highway The plan shall be submitted to the Director of Planning and Building Safety and Police Chief for review and approval and installed per the approved plans, by the applicant, prior to the issuance of a Certificate of Occupancy 11 Prior to approval of the building plans, plans shall show the location of all proposed trash enclosures to the satisfaction of the Director of Planning and Building Safety Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials The trash enclosures shall be installed per the approved plans prior to issuance of a Certificate of Occupancy 12 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area and the aesthetic objectives of the General Plan, as well as to ensure that signs do not impede traffic or pedestrian safety The Master Sign Plan shall be subject to the approval of the Director of Planning and Building Safety and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 13 Prior to approval of the building plans, the applicant shall submit plans for a "City of El Segundo" monument sign, to be located near the northeast corner of the site, to the Director of Planning and Building Safety for review and approval The sign 6 6 . 023 shall be installed per the approved plans prior to the issuance of a Certificate of Occupancy 14 Prior to approval of the building plans, the applicant shall submit plans to the Director of Planning and Building Safety, for review and approval, which include the following recreational facilities A Men's and women's shower and locker rooms large enough to provide facilities for a minimum of 5% of employees One shower stall shall be provided for each five lockers B Outdoor picnic or lunch area that provides picnic fuxmshmgs sufficient to accommodate 10% of employees The recreational facilities shall be installed per the approved plans prior to issuance of a Certificate of Occupancy 15 Prior to approval of the building plans, the applicant shall pursue the possibility of installing a traffic signal at the Imperial Highway driveway intersection The applicant shall submit to the Director of Planning and Building Safety recent correspondence from the City of Los Angeles confirming that they are pursuing obtaining the approval of the signal from the City of Los Angeles Department of Transportation and the Department of Airports If approval is obtained fiom the City of Los Angeles, the applicant shall fund the entire cost of the installation and maintenance of the signal The signal must be synchronized with the existing signals on Douglas Street and Aviation Boulevard to minimize traffic flow interruptions on Imperial Highway If the signal is not approved then left turns, westbound onto Imperial Highway, out of the Imperial driveway, will be prohibited and signage indicating such will be required to be installed prior to issuance of a Certificate of Occupancy 16 Prior to approval of the building plans, the applicant shall submit to the Duector of Public Works, for review and approval, Street Improvement and Circulation Plans, which contain, but are not limited to, the following provisions A A minimum 40 foot dimension from the end of the curb return on Lapham Street to the Lapham Street driveway shall be provided B On the west side of Lapham Street adjacent to the project site, replace damaged curb and gutter, and curb with curb drain outlets designated for abandonment C On the west side of Lapham Street adjacent to the project site, install a new concrete sidewalk D On the east side of Lapham Street adjacent to the project site, construct new curb and gutter, with a curb to curb distance on Lapham Street of 40 feet E Overlay the entire width of Lapham Street adjacent to the project site with minimum 2 inch thick asphalt concrete after grinding the top one inch thickness of existing pavement F The driveways on Imperial Highway may require structural modifications to the existing concrete box (4 feet 6 inches wide and 6 feet 6 inches deep) storm drain culvert under the adjacent sidewalk Any modifications must be designed by a registered Structural Engineer to ensure that the modified structure will withstand a condition in which all lanes of the driveways are occupied by fully loaded vehicles with the maximum anticipated weight Even if structural modifications are not required, structural analysis of the existing box structure, by a registered Structural Engineer, shall be submitted to demonstrate that the existing structure can withstand the above described loading condition Approval of the above structural design and analysis shall be obtained from the Los Angeles County Department of Public Works and the City of El Segundo 7 6 N 024 All required Street Improvement and Circulation Plan elements shall be installed per the approved plans prior to issuance of a Certificate of Occupancy 17 The applicant shall obtain, and submit copies to the Director of Public Works, of all required permits or approvals from AT & SF Railroad and the Los Angeles MTA for any work on Lapham Street that impacts their facilities, prior to commencement of work on Lapham Street 18 No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and stieet parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours 19 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalk /public right -of- way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Planning and Building Safety prior to building plan approval and installation of the fencing 20 All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed in the public right - of -way without first obtaining a Public Works permit 21 Prior to approval of the building plans, plans shall indicate that all existing and proposed utilities shall be placed underground to the satisfaction of the City Engineer The applicant shall assume the costs for the relocation of all utilities, including but not limited to, storm drain facilities, light poles, electrical vaults, and fire hydrants which are affected by the proposed project 22 Encroachment permits must be obtained from the Engineering Division Public Works Department for demolition haul -off Permit must be obtained at the Same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds fifty (50) cubic yards Demolition and grading may be listed on one encroachment permit 23 If new sewer laterals are required and constructed in the public right -of -way they shall be a minimum of six (6) inches inside diameter Material shall be "vitreous clay pipe" Each lateral shall have a six (6) inch clean -out brought to grade at the property line and securely capped A B9 size box shall be placed around the C O for protection The box shall have a cover emblazoned with the word " sewei" If in a traffic area, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer latei ats shall be plugged at the sewer mainline and capped at the property line Existing six (6) inch wyes may be reused if approved by the Director of Public Works 24 The applicant shall submit the appropriate documentation to show conformance with or exemption from the state Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans 25 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i e over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust SECTION 3: NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the appeal of the Planning Commission decision, thereby approving Environmental Assessment EA -352, Conditional Use Permit 945 and Variance No 94 -1 SECTION 4 The City Clerk shall certify to the passage and adoption of this Resolution, shall entered the same in the book of original resolutions of said city, and 025 shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 16th day of May, 1995. ATTESTED Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: (C' :4 L 1` eland C Dolley City Attorney 9 Liam Weston, Mayor Pro Tem City of El Segundo, California 1-)2 ies 026 6f, �,, pad<e� DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL March 21, 1995 - 5:00 P.M. CALLED TO ORDER Mayor Jacobson at 5.00 P.M. PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin me Iq—l1I Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present arrived at 5:15 P.M. Councilwoman Fnedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business On - 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, at sea.) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under Gov't Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 City of Los Angeles v. City of El Segundo, Case No. BC 034185 2 El Segundo v. Stephen S. Rocco d/b /a Big Brother at al, Case No YC 19865 3 Kilroy Airport Imperial Co at at 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 4444AWr(BQRx) 7. Harrison vs. City of El Segundo at 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 Eloise and Paul Medina v. City of El Segundo, Case No SCO34742 11. An Tran v. City of El Segundo, Claim Nos. 94-08; 9421 12 Danny Dye v. City of El Segundo, WCAB Case # Unassigned; Claim #92- 0200 -0055 Claims Re Rain Damage: 13. Octabio Ramirez v City of El Segundo, Claim No 95-02 14 Federico Ramirez v. City of El Segundo, Claim No. 95-04 15. John Peters v. City of El Segundo, Claim No 95-04 16 A J. Neil v. City of El Segundo, Claim No 95-06 17. Bill and Jean Bue v City of El Segundo, Claim No. 95-09 18. Jon Prescott v City of El Segundo, Claim No. 95-11 19. Ed and Susan Ash v. City of El Segundo, Claim No. 95-12 20. T. L. Douglas Co. v. City of El Segundo, Claim No. 95-13 21 Triwell Properties Inc v. City of El Segundo, Claim No. 95-14 22. Bob's Antiques (Bob Rinebold) v. City of El Segundo, Claim No 95-15 23. Cole Industries v. City of El Segundo, Claim No 95-16 24. Jack Siadek v City of El Segundo, Claim No. 95-17 25 Clemens and Kozloski v. City of El Segundo, Claim No. 95 -18 26. Lester McIntosh v. City of El Segundo, Claim No. 95-19 27 Clayton Blank v City of 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 95-30 030 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 MTA and City for preliminary design of the Station Mayor Jacobson, and Councilman Robbmsr r„ ,,, W not participate on this item MOVED by Councilman Switz to not provide the $35,000 portion and to review the MOU and make a decision at the next meeting MOTION WITHDRAWN 5 Liz Gamholtz, resident, does not want any government monies used as an experiment 6 Nancy Cobb, Chamber of Commerce, urged the Council to support the station and feels it will attract business 7 Resident, questioned if there would be enough jobs to support an extra station Mayor Jacobson and Councilman Robbins rejoined the discussion 8 Bill Campbell, McCarthy Ct spoke regarding the schools request for a longer speaking period and expressed his concerns with not granting RAW 9 J Wilson Resident, asked if we have statistics on the proposed ridership for the green line Kilroy discussion continued Mayor Jacobson and Councilman Robbins "Nffjv"// not participate MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to not endorse the MOU MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; COUNCILMAN SW1TL, AND COUNCILWOMAN FRIEDIGN NOES: MAYOR PROTEM WESTON, NOT-PARTICIPATING; MAYOR JACOBSON, 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 3 41.- 033 Council consensus to direct the City Manager to contact Paragon Cable expressing concern over citizen complaints, and CONSENT AGENDA TAKEN OUT OF ORDER E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business City Attorney Lee Dolley stated that Councilman Robbins has a possible conflict of interest on item number 10, and should not participate I 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 510 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 3 034 MOVED by Councilman Robbins SECONDED by Councilwoman Fnedkm 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 SWIZZ, AND COUNCILWOMAN FRIEDHIN. NOES: COUNCILMAN ROBBINS 411 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 5/0 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, II -B, HI -A, III -B, HI -C, HI -D, IV -A, V -A, VI -A, AND VI -B THEREOF; ADOPTING THE NATIONAL FIRE CODES, 1992 EDITION VOLUMES 1 -11; REPEALING IN IIS 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 Friedkm 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, IH -D, IV -A, V -A, VI -A, and VI -B, adopting the National Fire Codes, 1992 Edition, Volumes 1- 11, repealing in its entirety Chapter 17 04 of, and adding Chapter 17 04 to, the El Segundo Municipal Code, which Chapter relates to the Fire Code MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 4 035 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 Nicky 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 Friedkm to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Lee Dolley read the following ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING SECTIONS 7.20.130 AND 7.28.080 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING PUBLIC SEWER FACILITIES REGULATION Councilman Robbins Introduced the 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 Fnedkm to adopt Resolution No 3912 amending Resolution No 3448 relating to sewer use fees MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - Mayor Jacobson and Councilman Robbins , ,�� of 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 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 S 036 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 Fnedkm 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 SWTIL 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 Ninos 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 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 SWTIZ, COUNCILWOMAN FRIEDKIN. NOES; NONE NOT - PARTICIPATING; COUNCILMAN ROBBINS 4/0/1 6 037 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 COUNCILMEMBERS 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 CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THAT CERTAIN JOIN POWERS AGREEMENT ESTABLISHING A 'SOUTH BAY CITIES COUNCIL OF GOVERNMENTS," AND APPROVING BYLAWS FOR THE SAME MOVED by Councilwoman Friedkm 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 SW11Z, 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 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 ON Business Only - 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 7 038 DRAFT 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 Lon 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 Cindy Mortesen, City Clerk 8 029 DRAFT MINUTES OF THE 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 ROLL CALL 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 Friedkin Present PUBLIC COMMUNICATIONS -(Related to City Business On -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, at seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under 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 ai., USDC Case No CV94- 8264DT (BQRx) 4 Vivian v. City of El Segundo, Case No BC 122791 5 John Turner v City of El Segundo, LASC Case No TC 007934 6 An Tran v City of El Segundo, Claim Nos 94 -08, 94 -21 7 Danny Dye v. City of El Segundo, WCAB Case # Claims Re Rain Damage 8 Octabio Ramirez v City of El Segundo Claim No. 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Federico Ramirez v. City of El Segundo, Claim No Unassigned, Claim #92- 0200 -0055 95 -02 95 -04 John Peters v. City of El Segundo, Claim No 95 -04 A J Neil v City of El Segundo, Claim No. 95-06 Bill and Jean Bue v. City of El Segundo, Claim No 95 -09 Jon Prescott v. City of El Segundo, Claim No 95 -11 Ed and Susan Ash v City of El Segundo, Claim No. 95-12 T. L Douglas Co v. City of El Segundo, Claim No 95-13 Tnwell Properties Inc. v City of El Segundo, Claim No. 95 -14 Bob's Antiques (Bob Rmebold) v City of El Segundo, Claim No. 95-15 Cole Industries v City of El Segundo, Claim No. 95 -16 Jack Siadek v City of El Segundo, Claim No 95 -17 Clemens and Kozloski v. City of El Segundo, Claim No. 95-18 Lester McIntosh v. City of El Segundo, Claim No. 95 -19 Clayton Blank v City of El Segundo, Claim No. 95-22 ESE v City of El Segundo, Claim No. 95 -23 Pacific Science v. City of El Segundo, Claim No. 95 -24 Challenge Noble Inc. v City of El Segundo, Claim No 95-28 Edward Mowad v City of El Segundo, Claim No. 95 -30 Reliable Tool v. City of El Segundo, Claim No 95 -31 B/G Engineering v City of El Segundo, Claim No 95 -32 Eddie Paul v. City of El Segundo, Claim No 95 -33 040 DRAFT 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 - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) NONE ADJOURNMENT at 6 55 P.M Cindy Mortesen, City Clerk 2 [-51i +li MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL APRIL 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. 3. 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 Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Friedkin - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit total) Ten (10) individuals addressed Council George Wiley, Rockwell, requested to speak on item F -I 2. Bill Manahan, Superintendent of School discussed the El Segundo Unified School District about the Districts 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; WIS11,Whe Council to support the Del Norte station and urges the City Council to approve the MOU. 4. Lori 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 MTA and City for preliminary design of the Station. 5. Karen M Director, MTA; encouraged the Council to sign the MOU, the projeet and 56HIS resulting congestion management plan would be beneficial to the city. 6 Don Camph, 11 , AMEmployers Association; stated that the station is included in the cities General Plan, and the urban mixed uses is conductive to a station being planned in that area. 7 Nan Cobb, Chamber of Commerce: stated that they - support IJ he Del Norte Station 1 041 DRAFT MOVED by Councilman Switz SECONDED by Councilwoman Friedkin 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 SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONES. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS. 31012 Mayor Jacobson and Councilman Robbins returned to the dies 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. 9 Bill Cambell, resident; spoke regarding the Imperial 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's 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. 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 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 1. 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 Tim 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 Friedkin 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. 510 2. Agreement with Meyer, Mohaddes Associates, Inc. for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program ($29,860) and possible purchase of traffic modelling software ($7,500). Director of Public Works, Ed Schroder, gave a brief staff report. 042 DRAFT MOVED by Councilman Robbins SECONDED by Councilman Switz to approve Contract No. 2388, for Traffic Impact Analysis to develop recommendations for a traffic impact mitigation fee program ($29,860). MOTION PASSED BY UNANIMOUS VOICE VOTE 510 RECESS 9:15 p.m. RECONVENE 9:26 p.m. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1 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 $730,058.27. 3. Warrant Numbers 218328 - 218459 on Demand Register Summary Number 38 in total amount of $64,596.88, and Wire Transfers in the amount of $151,512.92. 4. ITEM CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 5 ITEM PULLED FROM CONSIDERATION BY CITY MANAGER 6. Award Contract No. 2389, for Maple Avenue Street Improvements west of Hillcrest Street, Project No. PW 9413, to DJ Construction (contract amount - $16,802.95). 7. ITEM PULLED BY MAYOR JACOBSON DUE TO A CONFLICT OF INTEREST. MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to approve Consent Agenda items Numbers 1, 2, 3, and 6, MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 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 Fnedkin to adopt plans and specifications prepared by Caltrans for the Nash Street- Douglas Street One -Way Couplet Project (estimated cost to the City $500,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON, AND COUNCILMAN ROBBINS 31012 F. NEW BUSINESS - CITY MANAGER 1. 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 Swtiz 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. 312 2. Proposed resolution to standardize City of Ell Segundo's fee structure for duplication of public records. Assistant City Attorney Tim Cremins read the following- o43 RESOLUTION NO. 3916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A STANDARD DUPLICATING FEE FOR PUBLIC RECORDS BASED ON THE COST OF EQUIPMENT AND PERSONNEL ONLY. MOVED by Councilwoman Friedkin 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 FRIEDKIN. NOES: COUNCILMAN ROBBINS 411 Councilman Robbins 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 3. Report on recent State amendments to Alcoholic Beverage Control (ABC) licensing requirements and Zoning Code provisions for alcohol sales 4. Modification of Agreement between the City of El Segundo and the El Segundo Unified School District for Joint Use of Video Studio and Equipment 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 I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Frfedkin - [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 Gity AttGFAey T-lFn GFeFnins stated !hat ebasenity is not easily d-09RA-d- aAd- it 4NO.-I 2. League of California Cities Planners' Institute. 3. City -wide CPR training and certification program. 044 -�IA 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 set -up 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 election of Jane Friedkm to the Community Economic, Housing and Development Committee. Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) one (1) individual addressed Council 1 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 Apnl 18, 1995 at 4:00 P.M. Cindy Mortesen, City Clerk 5 045 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL April 18, 1995 - &2U& CALL TO ORDER Mayor Jacobson at 4 01 P M PLEDGE OF ALLEGIANCE - Councilwoman Jane Fnedkm ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present arrived at 4.15 P M Councilman Switz - Present Councilman Robbins - Present arrived at 4 08 P M Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Ordvl - 5 minute limit per person, 30 minute limit total) No individuals addressed Council NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et seg) 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 Harrison 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) Claims Re Rain Damage 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, Claim 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, Claim 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, Claim 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, Claim 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 1 Kf Q46 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, Claim 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, Claim 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) 6 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 TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk 2 047 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL APRIL 18, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7 04 P.M. INVOCATION - Rev. Steven Sheilds, Supervising Minister, of the Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilwoman Fnedkin PRESENTATIONS - 1 Introduction of new City employees, hired to fill vacant FY 1994 -95 budgeted positions Steve Klotzsche, Director of Finance, introduced Donna Kreter, Assistant Finance Director, and Laura Lohnes, Accountant. 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 mentorious actions. Billy Johnson, Firefighter, and Jake Neilson, Fire Chief received a proclamation from Mayor Jacobson 3 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. Kathy Darling made a brief presentation about Brown Bag It and the Tree Musketeers 4 Proclamation commemorating April 30, 1995 as the 25th Anniversary of Old Town Music Hall Bill Coffman, owner received a proclamation from Councilwoman Fnedkin ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkin Present Present Present Present arrived at 7:14 P.M. Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit total) Seven (7) individuals addressed Council 1 Bill Campbell, McCarthy Ct ; requested a correction to the March 21, 1995 minutes specifically on his comments. 2 Julie Burkley, resident; requested to speak now on the car wash issue because she can not stay for the remainder of the meeting She expressed her support of the car wash project. 3 Carl ( ?), 1630 E Palm Ave. requested to speak on the car wash project Mayor Jacobson stated that anyone wishing to speak regarding the car wash to please hold their remarks until the public hearing begins. 4 Kristen Steinberg, representing the California Special Olympics requested an urgency approval of a one day alcohol beverage license for a special event. MOVED by Councilman Switz SECONDED by Councilman Robbins to discuss this item that arose after the posting of the Agenda MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Jacobson requested to agendize the modification to the instruction given to staff at the last meeting on ABC license procedures to authorize the City Manager to have approval of one day alcohol beverage licenses 1 vw 048 DRAFT MOVED by Councilman Robbins SECONDED by Councilman Switz to authorize the City Manager to approve the one day ABC license for the Special Olympic event and any other one day permits that anse before an agenda item can be approved MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 5 Gail Church, 406 Virginia; spoke regarding an the Arborist News and an article on El Segundo. 6. Linda Collins, Chamber of Commerce; requested approval of an urgency item, Let's Do Lunch, for May 10, 1995. MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to discuss this item that arose after the posting of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to approval of the City support of the "Let's Do Lunch" program for May 10,1995. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 7 Gary Schultz, 227 E Oak, spoke regarding the tax base eroding and expressed his concerns about the denials of permits for new business and decrease of revenue B. SPECIAL ORDERS OF BUSINESS - 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 mini-tube 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 Mayor Jacobson stated this is the time and place hereto foxed for a 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 mini -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 He asked if proper notice of the hearing was done in a timely manner and if any written communications had been received regarding this hearing Clerk Mortesen stated that public hearing notice was done by the Planning & Budding Safety Department and ten (10) letters and numerous phone calls had been received regarding this public hearing, and the Council has been provided with copies. 1 Terry Stambler -Wolf, representing the applicant, Thomas Ennis; requests continuance to facilitate the restructuring of his proposal and making full preparations, also she stated that because it was a holiday week it made it difficult for residents to attend the hearing. Mayor Jacobson stated that there is a consensus to continue the public hearing, and requested those who can not be present for that hearing to speak now. 2. Gabrela Barthel, resident, stated she is in favor of the car wash 3 Jan Ostrander, 1612 W. Palm Ave stated he does not oppose the car wash, but is concerned with the traffic, and requested the applicant to perform another traffic study 4 Resident, stated she is for business on Sepulveda, but does not want residential streets impacted 5. Ron Swanson, 1111 E. Grand; spoke regarding the meeting Mr. Ennis held with the residents in the neighborhood, and his desire to work with the public 6 Oscar Robison, 120 W Grand; stated his views as a contractor and how to comply with the law and zoning code MOVED by Councilman Robbins SECONDED by Councilman Switz to continue the public hearing to May 2, 1995 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 , RECESS: 8:14 RECONVENE 8:30 ALL MEMBERS PRESENT COUNCILMAN ROBBINS ITEM TAKEN OUT OF ORDER FROM LATTER ON THE AGENDA Councilman Robbins - Problem of unscrambled cable television broadcasts of adult entertainment 1. Wendy Jones, 321 Sycamore; spoke regarding the minuets of the March 21, 1995 meeting and requested her statement regarding the lack of scrambling, to be revised She further stated that the trap only scrambled a portion of the channels involved. Councilman Robbins stated that Paragon will be notifying customers over a enod of 3 months, he also discussed the result from the contact with the FCC A 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 facility Council consensus to direct staff and Council representatives to continue to negotiate changes to the agreement with the School District Mayor Jacobson and Councilman Robbins not - participating on the following item and left the dias. 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. MOVED by Councilman Swdz SECONDED by Councilwoman Fnedkin to approve the 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, and authorize the Mayor to execute the MOU MOTION CARRIED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING; MAYOR JACOBSON AND COUNCILMAN ROBBINS. 31012 Mayor Jacobson and Councilman Robbins returned to the dias. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Approval of revised El Segundo Community Cable Advisory Committee Statement of Purpose and El Segundo Community Cable Rules and Regulations Jim Fauk, Director of Recreation and Parks gave a brief staff report. Marc Rener, Chairman of the Community Cable Advisory Committee also made comments for council. Council consensus to return to the committee and staff for further consideration and word changes to clarify the meanings and intent 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, 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. 3 ITEM PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4 ITEM PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN 5. ITEM PULLED FOR DISCUSSION BY CITY MANAGER 4(4 050 MOVED by Councilman Robbins SECONDED by Councilman Switz to approve consent agenda items 1, and 2, MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, 1995 and April 4, 1995. Councilman Robbins requested this item to be held over to the May 2, 1995 meeting. 4 Accept 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 Councilwoman Friedkm stated that this is being paid for out of the Asset Forfeiture fund MOVED by Councilwoman Friedkm SECONDED by Councilman Switz to accept the lowest bid from Kustom Signal Corporation and approve the purchase of eleven (11) in -car video recording systems MOTION PASSED BY UNANIMOUS VOICE VOTE 510 5 Results of the closed bid process for purchase of a 14 passenger paratransd bus as authorized by City Council. City Manager, Jim Momson stated that the old van would be kept to be used for maintenance and occasional breakdown replacement use , MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to approve of the purchase of a 14 passenger paratransit bus from A -Z Bus Sales, Inc MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER Authorization to solicit bids for a rescue /ambulance. MOVED by Councilman Switz SECONDED by Councilman Robbins to authorize the solicitation of bids for a rescue /ambulance MOTION PASSED BY UNANIMOUS VOICE VOTE 510 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. Council consensus to return the item to staff for clarification and fine tuning 3 Six month review of operating license issued to Stick & Stein located at 707 N Sepulveda as requested by Council Jim Morrison gave a brief staff report. Tim Gnmmond addressed the complaints and amount of time spent by the PD for response. Joe Parente, Owner guaranteed that there are security guards in and out of the parking lot at all specified hours plus from 3.00 A M. 6 A M in the closed establishment He stated they felt they could prevent more parking lot problems by quelling any problem before it reached the parking lot Mayor ProTem Weston requested that the owners police the problem so the Police Department does not have to continually respond. George Stevens, Owner, asked exactly what the Council wished and further stated the they felt they were complying Councilman Switz stated that the ABC license required a guard in the parking lots between the hours of 9.00 P.M and 3 00 A.M. and that was what Council was requesting. Mr Stevens responded that that would be done G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE r& 051 J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - Commented on an article in the Beach Reporter by Gamson Frost Jr. regarding El Segundo Councilman Robbins - 1 Problem of unscrambled cable television broadcasts of adult entertainment Stated he will contact Paragon to request more frequent notification to subscribers Councilman Switz - NONE Mayor ProTem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 10.04 P.M. May 2, 1995 at 5 00 P M. Cindy Mortesen, City Clerk P1 � 052 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL May 2, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5 00 P M PLEDGE OF ALLEGIANCE - Councilwoman Freidkm ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkm - Present - Present - Present - Present arrived at 5:15 P M - 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 seMc) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None 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 a] , USDC Case No CV94- 8264DT (BQRx) 4 Vivian v City of El Segundo, Case No BC 122791 5 Kilroy Airport Imperial Co et al v City of El Segundo, Case No. 2Civ B 058553 6 An Tran v City of El Segundo, Claim Nos 94 -08, 94 -21 7 Robert Solam v. City of El Segundo, WCAB (unassigned) 8 City of Los Angeles v City of El Segundo, Case Noa BC 034185 9 El Segundo v Stephen S Rocco, d/b /a/ Big Brother, et al, Case No YC 19865 10 City of El Segundo v City of Los Angeles (LAX), Claim No 95 -00014 Claims Re Rain Damage 11 Octabio Ramirez v City of El Segundo, Claim No 95 -02 12 Federico Ramirez v City of El Segundo, Claim No 95 -04 13 John Peters v City of El Segundo, Claim No 95 -04 14 A J Neil v City of El Segundo, Claim No 95 -06 15. Bill and Jean Bue v City of El Segundo, Claim No. 95 -09 16, Jon Prescott v City of El Segundo, Claim No. 95 -11 17 Ed and Susan Ash v City of El Segundo, Claim No 95 -12 18 T L Douglas Co v City of El Segundo, Claim No 95 -13 19 Triwell Properties Inc v City of El Segundo, Claim No 95 -14 20 Bob's Antiques (Bob Rmebold) v City of El Segundo, Claim No 95 -15 21 Cole Industries v City of El Segundo, Claim No 95 -16 22 Jack Siadek v. City of El Segundo, Claim No 95 -17 23 Clemens and Kozloski v City of El Segundo, Claim No 95 -18 24. Lester McIntosh v City of El Segundo, Claim No 95 -19 1 5/2/95/5p 0 r 053' 25 Clayton Blank v City of El Segundo, Claim No 95 -22 26 ESE v City of El Segundo, Claim No, 95 -23 27 Pacific Science v City of El Segundo, Claim No 95 -24 28 Challenge Noble Inc. v. City of El Segundo, Claim No 95 -28 29 Edward Mowad v City of El Segundo, Claim No 95 -30 30 Reliable Tool v City of El Segundo, Claim No 95 -31 31 B/G Engineering v City of El Segundo, Claim No 95 -32 32 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) 7 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956.9(c) 5 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) ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk 2 5/2/95/5M 05� ACTION MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MAY 2, 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:04 P.M. INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS - Announcement of Residential Clean -Up Week, May 1 -5, 1995, in the City of El Segundo and Household Hazardous Waste Collection Day on June 3, 1995 Mayor Jacobson made the announcement 2. Proclamation declaring Saturday, May 13, 1995 as "Fire Service Day" in the City of El Segundo and encouraging all citizens to visit an Open House at the Headquarters' Fire Station between 10 00 a m. and 2.00 p.m. on that day. Fire Chief Jake Nielson received the proclamation from Mayor Jacobson 3 Proclamation declaring the week of May 14-20 as "Police Week" in the City of El Segundo and recognizing May 18, 1995 as "Police Officers Memorial Day" honoring those El Segundo Police Officers and others in the South Bay who have given their lives in the line of duty (Chris Barrett to receive proclamation). Chris Barrett received the proclamation from Mayor ProTem Weston. Tim Grimmond presented to the Council an award received from Cal State Fullerton for being named the Number One Police Department in Los Angeles County on a community satisfaction survey. This project surveyed citizen satisfaction in 76 jurisdictions within Los Angeles County El Segundo Police Department received a 3 71 rating out of 4 00 4 Proclamation declaring May, 1995 as "Older Americans Month," encouraging all residents to participate in the Elderfest Celebration on May 20, 1995, and recognizing Robert M Bramhall as the 1995 El Segundo Senior Citizen of the Year Bob Bramhall received the proclamation from Councilman Switz El Segundo Optimist Club oratorical contest winners who will go on to compete with other youths in different cities having Optimist Clubs (introduced by Hank DeVisser, Chairman of the Oratorical Contest committee)* Farah Billimona and Adam Scheil were introduced to Council by Hank DeVisser The winners gave speeches entitled "Listen to me" Councilwoman Fnedkm announced that Hyrum Fedje had authored an article in Western Cities ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Fnedkin - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Four (4) individuals addressed Council 1. Steve Storm, Resident, updated Council and the public on the noise abatement project and action being taken by air controllers 1 5)2)95 MIN 'A 055 2 Bill Mason, Rotary Club, extended an invitation to all for an "Evening of Promise" May 6, 1995, to raise funds for the El Segundo Unified School District 3 Jane Doe, #151; spoke regarding the actions taken by the applicant of the car wash. 4. Frank Wong, 435 Valley; spoke regarding overflights of the city and their potential dangers 5 Bill Mason, Economic Development committee of the Chamber of Commerce; urged the Council to look at the proposals objectively, study the facts and determine what they may bring or not bring to the community 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 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 - MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkin to reverse the order of the Special Orders of Business MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILMAN SWTIZ, AND COUNCILWOMAN FRIEDKIN.NOES: COUNCILMAN ROBBINS. 411 Councilman Robbins stated he voted no due to the amount of people here for the Car Wash project City Attorney Lee Dolley gave a summary of the Council's charges on amending the Precise Plan and the amendment findings He also summarized CUP and Variances, the proposed findings Public Hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E. Rosecrans and 831 & 871 S Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail/office complex Applicant Continental Development Corporation Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -350 and Amendment to Precise Plan 12 -72 to allow the reconstruction of three office buildings at 2041 E. Rosecrans and 831 & 871 S. Nash Street to an 18 screen, 3,550 seat movie theater and 80,000 square foot retail /office complex. Applicant* Continental Development Corporation He asked if proper notice of the hearing had been done in a timely manner, and if any written communication had been received regarding this matter Clerk Mortesen stated that notice had been done by the Planning and Budding Safety Department and one written communication had been received and had been provided to the Council Councilman Robbins asked if he had any conflict of interest in this matter. City Attorney Lee Dolley stated that he did not Pat Stitzenburger made the presentation for Continental Development Corporation and explained the main points of the project Mayor Jacobson opened the Public Hearing No individuals addressed Council MOVED by Councilman Robbins SECONDED by Councilman Switz to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council discussion and questions followed City Attorney Lee Dolley read the following: 2 5/2/95 MIN as 05r F6 X, Z_ RESOLUTION NO. 3917 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -350 AND ADOPTION OF A MITIGATION MONITORING PROGRAM, APPROVING AN AMENDMENT TO PRECISE PLAN 12 -782, TO ALLOW A 3,550 SEAT MOVIE THEATER, CONVERSION OF AN OFFICE BUILDING TO RETAILIOFFICE, AND JOINT USE PARKING AT 2041 E. ROSECRANS AVE. AND 831, 970 S. NASH STREET. PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Fnedkin to adopt Resolution No 3917 amending the Precise Plan MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Jacobson and Councilman Robbins not - participating on this item, and left the dies 2. Public Hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94- 5, and Variance 94-1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E. Imperial Highway. The proposal includes 1 variance request for the siting of loading spaces. The original project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width. The project has been redesigned to meet these two code requirements. Applicant: The Midway Companies for Burlington Air Express Mayor ProTem Weston stated this is the time and place hereto fixed for a public hearing on the appeal of the Planning Commission's denial of EA -352, CUP 94 -5, and Variance 94 -1, for a new 93,800 square foot air freight forwarding facility on a vacant lot on the southwest comer of Imperial Highway and Lapham Street, 2310 E Imperial Highway. The proposal includes 1 variance request for the siting of loading spaces. The original project presented to the Planning Commission was 95,300 square feet in area and included two additional variances for the southeast comer setback and the driveway width The project has been redesigned to meet these two code requirements He asked if proper notice of the hearing had been done in a timely manner and if any written communications had been received regarding this matter. Clerk Mortesen stated that public hearing notice had been done by the Planning and Budding Safety Department and no written communications had been received regarding this matter Hyrum Fedle, Director of Planning and Building Safety gave a brief staff report Bo Sanford of the Midway Co., developer for Burlington Air Express, explained the plan with graphics and compatibility of the project. Mayor ProTem Weston opened the public hearing. 1 Alan Powell, 318 Sheldon, urged Council to view this project favorably. 2 Mike Mark, Representing Burlington, introduced the firms executives 3 Bob Yeagley, 824 Maryland, pointed out the traffic impact to the area. MOVED by Councilman Switz SECONDED by Councilwoman Friedkm to close the public hearing MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS 31012 Mayor ProTem Weston and Councilwoman Friedkm stated they had met with Burlington executives to discuss the plan and Burlington had stated that they are willing to work with the City on this project Councilman Switz stated that he discussed the traffic issue with a representative and they were confident that any problem would be solved 3 5/2/95 MIN 04 057 DRAFT City Manager Jim Momson stated that Burlington has agreed to an annual mitigation fee equal to business license tax, payment of a traffic mitigation fee of $1 per square foot of budding, inclusion of a specific landscaping plan that includes mature landscaping installation of a wall and landscaping sufficient to block public view of the north facing loading docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant MOVED by Councilman Switz SECONDED by Councilwoman Fnedkin to direct staff to prepare a resolution for approval with the following points included- an annual mitigation fee equal to the business license tax, payment of traffic mitigation fee of $1 per square foot of building, inclusion of a specific landscaping plan that includes mature landscaping, installation of a wall and landscaping sufficient to block public view of the north facing docks, and pursuit of a traffic signal, at the Imperial Driveway, paid for by the applicant. Certificate of Occupancy to be held pending completion of these items MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WESTON, COUNCILMAN SWITZ, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: MAYOR JACOBSON AND COUNCILMAN ROBBINS 31012 RECESS 9:18 P.M. RECONVENE 9:35 ALL MEMBERS PRESENT 3 Continued 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 mini -tube facility at 639 Sepulveda Blvd. The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C.U.P. The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a m. -12 midnight Applicant* Tom Ennis, NIS Corporation Mayor Jacobson stated this is the time and place hereto fixed for a continued 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 mini-lube facility, at 639 Sepulveda Blvd. The project also includes a 2,800 square foot 24 -hour retail store which is allowed without a C.U.P. The revised proposal does not include gasoline sales, and the retail store operations will be limited to 6 a.m. -12 midnight He asked if proper notice of the hearing was done in a timely manner and if any written communications had been received regarding this hearing Clerk Mortesen stated that public hearing notice was done by the Planning & Building Safety Department and five (5) letters and numerous phone calls had been received regarding this public hearing, and the Council has been provided with copies Hyrum Fed1e, Director of Planning and Building Safety gave a brief staff report Tom Ennis, applicant presented the project. Mayor Jacobson opened the public hearing. The following people spoke in favor of the Car Wash project* Tony Barthel Janice Cruikshank John Hone Wants Palm Barricaded Bobbi Richardson Wants Palm Barricaded Drew Candle Joe McKensie Wants Palm Barricaded Sally Mau Alan Powell Linda Collins Garrett Smith Bob Metcalf Charles Pulsey Gad Church Richard Fern 4 5/2/95 MIN rim The following people spoke Carl Neal Rick Henna Kirk Steinum Susan Malts Annette Latshaw Willard Krick Frank Wong Mark Ortega Bob Yeagley Steve Edlefson in opposition of the Car Wash project Frank Von Flue Debra Davis Christine Gianto Lottie Gilley Joan Redbook Lorraine Neal Brian Clark Jane Doe, #153 Jtn Win Barbara Eden The following made comments on their support or opposition Chuck deDeurwaerder, presented his proposal for the layout of the car wash and discussed parking and stall sizes. Nancy Cobb, 1218 E Sycamore, Chamber of Commerce President, requested the Council to set aside emotion and focus on the solution She requested the Council to do what is right and fair for the total community and approve the request. Sandra Jacobs 402 Hillcrest, Economic Development Committee, stated the committee supports the car wash project. Jane Doe, #151, opposes the car wash, presented Council a packet (attached) with code and General Plan citations stating why the project should not be approved. MOVED by Mayor ProTem Weston SECONDED by Councilman Robbins to extend the speaking time for the above person five (5) minutes MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSON, MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: COUNCILMAN SWITZ 411 Sean Mahon, 316 Manposa, Planning Commissioner, stated if he had not had a perceived conflict of interest, the Planning Commission vote would have been 3/2 to favor of the project. MOVED by Councilman Swttz SECONDED by Councilman Robbins to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilman Robbins SECONDED by Councilwoman Fnedktn to re -open the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Councilman Robbins asked if he had any conflict of interest regarding this matter City Attorney Lee Dolley stated that he had none Mr Ennis, applicant responded to the problems expressed, and further stated he is willing to work with the citizens and the Council to facilitate the approval of the project. Terry Stambler - Wolfe, attorney for the applicant, addressed concerns and requested the Council continue the matter to help council disseminate the information and provide Mr Ennis more time to work with the public and Council concerns �� ,iio�•i��iw %i�p� %f " / /.'iPi�( �J, "'( %ii� i.qp; � %o� pit /� %�'�.'i"i %Pi %i _ the applicant, • discussed - • - and the project as a wh• o MOVED by Councilwoman Friedkin SECONDED by Councilman Swttz to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MOVED by Councilwoman Fnedktn SECONDED by Mayor ProTem Weston to direct staff to prepare a resolution denying the appeal. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PROTEM WESTON, COUNCILWOMAN FRIEDKIN, AND COUNCILMAN ROBBINS. NOES: NONE ABSTAIN: MAYOR JACOBSON, AND COUNCILMAN SWITZ. 3/012 5/2/95 MIN 059 F.. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Request for City Council to extend the 5.00 p m., April 28, 1995 filing deadline and re- advertise for vacancies on the Economic Development Advisory Council, Investment Advisory Committee; Library Board of Trustees, Metropolitan Cooperative Library Systems Advisory Board, Planning Commission; Recreation & Parks Commission; Senior Citizen Housing Corporation Board; and the Wall of Honor Committee Council consensus to extend the filing deadline May 31, 1995 5 00 P M 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 218778 - 218973 on Demand Register Summary Number 41 in total amount of $857,511.00. 2 Warrant Numbers 218974- 219101 on Demand Register Summary Number 42 in total amount of $115,785 57, and Wire Transfers in the amount of $619,980 43 3 PULLED FOR DISCUSSION BY COUNCILMAN ROBBINS 4 Award contract No 2393 for Modifications to Sanitation Pumping Plant No 8 (Project No. PW 94 -9) to R.0 Foster Corporation (contract amount - $104,967 00) 5 Adopt Plans and Specifications No. PW 94 -10 for the Recoating of Interior and Exterior Surfaces of 200,000 Gallon Elevated Steel Water Tank (estimated cost - $150,000) 6 Agreement No 2392, between the City and the County of Los Angeles for the relocation of the County's injection and observation wells in connection with the proposed widening of Sepulveda Boulevard, between Rosecrans Avenue and El Segundo Boulevard. (City cost: $1.4 million to be reimbursed by the Metropolitan Transportation Authonty) 7 Six (6) month status report by the Traffic Committee regarding traffic concerns in the vicinity of the Washington Street and Palm Avenue intersection MOVED by Councilman Switz SECONDED by Councilwoman Fnedkm to approve consent agenda items 1, 2, 4, 5, 6, and 7 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA 3 City Council meeting minutes of March 21, 1995, April 4, and 18, 1995. Councilman Robbins requested this item be held over to the May 16, 1995 meeting F. NEW BUSINESS - CITY MANAGER - 1 Report on Alcoholic Beverage Control (ABC) licensing requirements for ownership transfers and one -day licenses MOVED by Councilman Switz SECONDED by Mayor ProTem Weston to authonze the Police Chief to review one -day ABC licenses upon notification of the application by the ABC MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Fdedkin - NONE Councilman Robbins - Spoke regarding the Oklahoma City bombing tragedy and the exploitation by the media He also requested to adjourned the meeting in memory of the victims Councilman Switz - NONE Mayor ProTem Weston - Thanked the Chamber of Commerce for the recent Ribbon cutting ceremonies 5/2/95 MIN *#-- 060 DRAFT Mayor Jacobson - NONE PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit) 1. J Wilson, resident wished the 2 new businesses in town a warm welcome MEMORIALS - In memory of the Oklahoma City bombing victims. CLOSED SESSION - NONE ADJOURNMENT at 2 00 AM May 3, 1995 to May 18, 1995 5 00 PM. Cindy Mortesen, City Clerk 7 5/2/95 MIN EL SEdUNDO CITY COUNCIL MEETING DATE: May 16, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda Approval of Amendment to the Agreement for the Joint Use of Video Studio and Equipment between the City and the El Segundo Unified School District RECOMMENDED COUNCIL ACTION: Authorize the Mayor to execute Amendment on behalf of the City. BRIEF SUMMARY On April 27, 1982 the City and the School District entered into an agreement whereby the two agencies would jointly utilize the District's Video Studio and equipment located at the High School facility Since that time, the City has been the provider of staff and management of the community cable operation and has provided a majority of the equipment needed for this operation By letter dated February 28, 1995, the District requested the City remove its operation from the facility by May 29, 1995 By letter dated April 12, 1995, the District rescinded this notice to vacate The City holds the franchise that provides for the community cable operation The City provides the staff and management for the cable operation The City Council appoints the members of the Cable Advisory Committee It is clear the City is responsible for the cable operations At the staff level, it has been felt that the City is responsible for and, therefore, liable for cable program broadcasts To indemnify the District does not, in staffs opinion, change current conditions — it only clarifies existing conditions Council representatives, Staff and City Attorney have negotiated changes to the agreement with the School District It is anticipated that the School District will have approved this document prior to the Council meeting of May 16, 1995 ATTACHED SUPPORTING DOCUMENTS: Letter dated May 3, 1995 from James Morrison to William Manahan attaching latest version of Amendment. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: -0- Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No_ W Morrison, City Manager .A s 061 Gtr Y 0 * �1i`y s * �'!_RI !' EGA fleeted Mahh CM 4,096904 NaY9r User WesOe, Ahy,0In fear nhMa D. Raw, asummm RlnAant A swim CapaEnm Jane /►RMtM, C"nop,ree1M Cindy Aeartraen, CRY ON,* swan se69Rea, Cly TYaaeur0 Appointed ORNIan: Jun« W. Mmapn, City Now aEer Lelen9 C Dahy, City ARwney Depeftent Dlrealen Jmm Na,0a4 Eaanlela Davenpuenl Eh,0 RIen,0Ae, PbN Jana Nhaen, An Retort NylaM, Nuaur Ree0R9,0 Eer9re retention, NYnrer FoOk PnmapR Lwdhv #a" Tommy Gyp erera. vans Eduuei 44hrodilf. Pual9 Wart JOn,0 FMK% R,0napar E vaM May 3, 1995 William Manahan, Superintendent El Segundo Unified School District 641 Sheldon Street El Segundo, CA 90245 Dear Bill: Attached is an Amendment to the Agreement for Joint Use of Video Studio and Equipment between the City and the District. This amendment reflects the changes you and I agreed to last Tuesday at lunch with one exception. The termination notice is now 120 days' rather than 90 days. I would appreciate it if you would bring the attached version to the District for approval at their next meeting I will then schedule formal approval on the Consent portion of the City Council's May 16, 1995 Agenda. Hopefully we can finally put this matter to rest. JWM:mb Encl cc: City Council Tim Cremin, Esq. in *rely, 47 J W. Morrison 350 Main Street, El Segundo, Calffomia 902450989 Phone (310) 607 -2226 FAX (310) 322 -7137 Rob EL SEGUNbO CITY COUNCIL MEETING DATE: May 16, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Proposed Resolutions adopting Disability Retirement Procedures for local safety members and delegating to the Director of Human Resources /Risk Management and City Manager /designee the authority to make preliminary and proposed determinations of disability for the purpose of safety member disability retirements or disability retirement cancellations Fiscal Impact: Limited to costs required to conduct hearings RECOMMENDED COUNCIL ACTION: Adopt Resolutions BRIEF SUMMARY: Statutory requirements allow a municipality, such as the City of El Segundo, to determine whether a local safety member is disabled and must be retired, or as to whether a member currently designated as disabled is not actually disabled and must lose this status Procedures currently utilized by the City are based on Resolution No 2894, adopted in 1979, and do not fully meet present Government Code standards These procedures are needed so that the City may initiate disability retirement applications for those public safety members who are eligible for this type of retirement The Proposed Disability Retirement procedures address the steps identified in the Government Code that are essential in making a determination of a disability retirement for a public safety member - continued on next page - ATTACHED SUPPORTING DOCUMENTS: Resolution No 2894 Proposed Resolutions FISCAL IMPACT: (Check one) Operating Budget* Amount Requested: Project/Account Budges Project /Account Balanc Account Number: Capital Improv. Budget: Project Phase: Appropriation Required - Yes— No- X ORIGINATED: Date: May 4, 1995 �I 0�► _ � -- Bob Hyland, Director of Human Resources /Risk Management RFV - RV• Jar*Os W Morrison, City Manager ACTION TAKEN. agenda 226 aC'i, 065 The key facets of these procedures are as follows 1 The Director of Human Resources /Risk Management makes a preliminary determination of disability based upon the review of medical records and other relevant information The Director then submits the preliminary recommendation to the City Manager or designee, recommending that a member should receive a disability retirement or that a member's disability retirement should be cancelled 2 The member is sent by the Director of Human Resources /Risk Management a copy of the preliminary recommendation, a copy of the procedures, a copy of the Government Code Sections pertinent to the procedures and a Notice of Defense form The form is returned to the Director if the employee wishes to petition for a hearing for reconsideration of the Director's preliminary recommendation 3 Upon receipt of a member's petition for hearing, the City Manager or designee must review all materials and either grant the petitioner's appeal (thus ending the process in favor of the member) or schedule a hearing before the City Manager or designee The City Manager or designee must retain an administrative law fudge to make evidentiary and procedural rulings at the hearing 4 After the hearing, the City Manager or the designee must forward written findings of fact and conclusions to the City Council, which may adopt or amend the findings and conclusions, or order the City Manager to take further evidence The City Council then is to certify and forward its findings and conclusions to the Public Employees' Retirement System ( "PERS ") for PERS' final determination Any party may move for reconsideration of the City Manager's or designee's decision within 15 days of service of the decision An aggrieved party may appeal the final determination to the extent provided by state law These procedures have been reviewed by the City Attorney's Office and meet their approval The City's non - safety (miscellaneous) employees are not covered by these procedures A non - safety employee would apply directly to PERS, whose board determines whether the employee is eligible for a disability retirement, pursuant to Public Employees Retirement Law (PERL) The City of El Segundo's jurisdiction to determine disability retirement extends only to its safety employees 24-' 066 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DELEGATING ITS AUTHORITY TO TAKE CERTAIN ACTIONS UNDER GOVERNMENT CODE SECTION 21034 TO THE DIRECTOR OF HUMAN RESOURCES /RISK MANAGEMENT AND THE CITY MANAGERORHIS OR HER DESIGNEE REPUBLIC SAFETY MEMBER DISABILITY RETIREMENTS OR DISABILITY RETIREMENT CANCELLATIONS AND RESCINDING RESOLUTION NO. 2894. WHEREAS, the City Council of the City of El Segundo, California is a contracting agency of the Public Employees' Retirement System; and, WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he or she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, by Resolution No 2894 adopted by the El Segundo City Council on February 20, 1979, the El Segundo City Council delegated its authority under Government Code Section 21020 to the City Manager to determine whether public safety employees are disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law, and WHEREAS, the El Segundo City Council now desires to delegate its authority under Government Code Section 21034 to the Director of Human Resources /Risk Management and the City Manager, or his or her designee, to make preliminary and proposed determination of disability for the purpose of safety member disability retirements or disability retirement cancellations, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Segundo as follows, SECTION 1. Pursuant to Government Code Section 21034, this Council hereby delegates its authority under Government Code Sections 21030, at seg., and 11550, at sea , as follows- (a) The Director of Human Resources /Risk Management shall make preliminary recommendations of disability for the purpose of safety member disability retirements or disability retirement cancellations, and, (b) The City Manager, and /or his or her designee, shall make proposed determinations of disability for the purpose of safety member disability retirements on behalf of the City as an employer, and shall make proposed determinations for the purpose of cancellation of proposed determinations for the purpose of cancellation of disability retirement allowances. SECTION 2. Resolution No 2894 is hereby rescinded and is no longer of any force or effect The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted, PASSED, APPROVED AND ADOPTED this 16th day of May, 1995. ATTESTED: Cindy Mortesen, City Clerk A VED AS O FO, M: nO�4 e LRI nd C. Dolley, City Attorney (SEAL) Carl Jacobson, Mayor of the City of El Segundo, California 067 REBP1 226 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A DISABILITY RETIREMENT PROCEDURE FOR LOCAL SAFETY MEMBERS WHEREAS, the City of El Segundo, California is a contracting agency of the Public Employees' Retirement System, and, WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he or she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law, and WHEREAS, by Resolution No 2894 adopted by the El Segundo City Council on February 20, 1979, the El Segundo City Council delegated its authority under Government Code Section 21020 to the City Manager to determine whether public safety employees are disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law, and WHEREAS, under the Public Employees' Retirement Law, a local agency may adopt procedures that meet Government Code standards for the initiation of disability retirement applications for those certain public safety members who are eligible for said type of retirement, and, WHEREAS, the El Segundo City Council, by Resolution No adopted on May 16, 1995, has delegated to the Director of Human Resources /Risk Management and City Manager, and /or his or her designee, the authority to make preliminary and proposed determinations of disability for the purpose of safety member disability retirements or disability retirement cancellations, and, WHEREAS, the El Segundo City Council now desires to establish Disability Retirement Procedures for Local Safety Members to assist the Director of Human Resources /Risk Management and the City Manager in initiating on the City's behalf disability retirement applications for those public safety members who are eligible for such type of retirement, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Segundo that this Council hereby finds and determines that it is in the best public interest to establish uniform disability retirement procedures for the City's public safety employees, and, therefore, hereby approves, and authorizes the implementation of, those certain disability retirement procedures for local safety members set forth in that certain document entitled "Disability Retirement Procedures - Local Safety Members, Government Code Sections 21010, at sec , and 11500 at se g.", a copy of which document Is identified as Exhbit A and incorporated herein and made a part hereof as though fully set forth herein The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted, PASSED, APPROVED AND ADOPTED this 16th day of May, 1895. Carl Jacobson, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: -4 d 1-61iind C. Dolley, City Attorney RESPZ228 of 068 EXHIBIT A CITY OF EL SEGUNDO DISABILITY RETIREMENT PROCEDURES LOCAL SAFETY MEMBERS (Government Code Sections 21020, et sea , and 11500, et se Definitions: For the purpose of these procedures, certain words have the following meanings "Local Safety Member" means all swom Police and Fire personnel, "Moving party" means the party who files an application for disability retirement, "PERS" means the Public Employees' Retirement System, "Petitioner" means the person who petitions for a hearing requesting reconsideration of the Director of Human Resources /Risk Management's preliminary recommendation of disability retirement or cancellation of disability retirement, "Recipient" means the recipient of a disability allowance 2. Delegation of Authority: Pursuant to the authority delegated to the Director of Human Resources /Risk Management by the City Council in Resolution No and Government Code Section 21034, the Director of Human Resources /Risk Management shall make preliminary recommendations of disability for the purpose of safety member disability retirements or disability retirement cancellations Pursuant to the authority delegated to the City Manager by the City Council in Resolution No and Government Code Section 21034, the City Manager and his or her designee shall make proposed determinations of disability for the purpose of safety member disability retirements, on behalf of the City as an employer The City Manager or designee shall also make proposed determinations for the purpose of cancellation of disability retirement allowances The City Manager or designee shall retain the service of an Administrative Law Judge from the Office of Administrative Hearings for hearings concerning such disability retirements or cancellations The role of the Administrative Law Judge at said hearings will be confined to ruling upon evidentiary and procedural issues 1 66 069 Disability Retirement A. Application Pursuant to Government Code Section 21023, application for the disability retirement may be made by (a) the office or department head in which the local safety member is or was last employed, (b) the City Council or an official designated by the City Council, or (c) the local safety member or any person acting on his or her behalf B Determination of Disability In accordance with Government Code Section 21025, a local safety member shall be retired for disability only upon the City's determination by medical information and other available information that he or she is incapacitated, physically or mentally, for the performance of the duties of the position The moving party shall be required to describe the disability and set forth the basis of the application for disability retirement Disability and incapacity for performance of duty as a basis for disability retirement means disability of permanent or extended and uncertain duration rendering the employee incapacitated from the performance of the duties of his or her current or last job classification as determined by the City on the basis of competent medical information and other available information C Preliminary Recommendation to City Manager or Designee The City Manager or designee shall receive a preliminary recommendation of the Director of Human Resources /Risk Management regarding the disability The Director of Human Resources /Risk Management's preliminary recommendation shall be based upon a thorough review of medical reports and other pertinent information The Director of Human Resources /Risk Management may require additional medical examinations and opinions as he or she deems necessary Such information and documents may include, but not be limited to, the employee making himself available for medical examination and executing documents for release of medical, employment, and other information. D The Director of Human Resources /Risk Management shall have personally delivered or sent by registered mail to the affected employee a copy of the preliminary recommendation, stating the reasons therefor, a copy of these procedures, a copy of Government Code Sections 11507 5, 11507 6, and 11507 7, and a form entitled Notice of Defense, which the employee shall complete and return to the Director of Human Resources /Risk Management if the employee wishes to petition for a hearing for reconsideration of the Director of Human Resources /Risk Management's preliminary recommendation (see section 5 of these procedures) *i -070 E Pursuant to Government Code Section 21025, the City shall retire an employee for service rather than for disability if the employee is qualified to be retired for service and applies therefor (1) prior to the -effective date of disability retirement, or (2) within thirty (30) days after the member is notified of the eligibility for disability retirement 4. Cancellation of Disability Retirement A Preliminary Recommendation to City Manager or Designee Prior to his or her determination, the City Manager or designee shall receive the Director of Human Resources /Risk Management's preliminary recommendation of whether a recipient of a disability retirement allowance is still incapacitated, physically or mentally, for duty in the position held by the recipient when he or she retired for disability or in a position in the same classification The Director of Human Resources /Risk Management's recommendation shall be based upon a thorough review of medical reports and other pertinent information The Director of Human Resources /Risk Management may require additional medical examinations and opinions as he or she deems necessary Such information and documents may include, but are not limited to, the recipient making himself or herself available for medical examination and executing documents for release of medical, employment and other information If the Director of Human Resources /Risk Management preliminarily determines that the recipient is not so incapacitated, he or she shall send a copy of the preliminary recommendation to the City Manager or designee recommending that the PERS be notified that said disability retirement allowance be cancelled C The Director of Human Resources /Risk Management shall have personally delivered or sent by registered mail to the recipient a copy of the preliminary recommendation, stating the reasons therefor, a copy of these procedures, a copy of Government Code Sections 115075, 115076, and 115077, and a form entitled Notice of Defense, which the recipient shall complete and return to the Director of Human Resources /Risk Management if the recipient wishes to petition for a hearing for reconsideration of the Director of Human Resources /Risk Management's preliminary recommendation (see section 5 of these procedures) 5. Petition for Hearing An employee or recipient may petition for a hearing before the City Manager or designee for reconsideration of the Director of Human Resources /Risk Management's preliminary recommendation of disability retirement or cancellation of disability retirement allowance, by submitting a Notice of Defense A form entitled Notice of Defense shall be delivered or mailed to the employee or recipient along with the Director of Human Resources /Risk Management's preliminary recommendation The Notice of Defense (a) shall be in writing, signed by or on behalf of the employee or recipient, and state the employee's or recipient's mailing address, (b) shall detail the basis and facts upon which the hearing request is At 071 made, (c) state if the disability is industrial or non- industnal, and (d) shall be served upon the Office of the City Manager or designee within fifteen (15) calendar days from the date that the Director of Human Resources /Risk Management's recommendation is personally delivered to the employee or recipient, or is deposited in the United States mail The employee's or recipient's failure to timely submit a Notice of Defense shall constitute a waiver of the employee's or recipient's right to a hearing Notice of Hearing Upon receipt of the Notice of Defense petitioning for a hearing, the City Manager or designee shall thereafter review the petition and any materials submitted by petitioner and shall either (1) adopt without a hearing the employee's or recipient's stated position, or (2) grant the petition and schedule a duly noticed hearing before the City Manager or designee to determine whether the employee shall be retired for disability or the recipient's disability retirement allowance shall be cancelled Written notice of the scheduled hearing shall be given to the petitioner personally or by registered mail at least ten (10) calendar days in advance of the hearing Notice shall be deemed complete upon personal delivery or when said notice is deposited in the United States mail Postponement of Hearing for Good Cause The hearing may be postponed upon the request of either the employee or recipient, or the City, upon a showing of good cause for the postponement. The party requesting continuance shall notify the City Manager or designee within ten (10) working days after he or she discovers or reasonably should have discovered the good cause for postponement The City Manager or designee may grant a postponement for good cause after the ten (10) working days have lapsed if the party seeking postponement is not responsible for and has made a good faith effort to prevent the condition or event establishing the good cause Representation at Hearing The petitioner shall be given the opportunity at such hearing to be represented by counsel The City may be represented by legal counsel, the Director of Human Resources /Risk Management of other representative of its choice Scope of Hearing and Authority of Hearing Officer The scope of the hearing shall be limited to the basis and facts raised in the petition for hearing, and the hearing shall be conducted by the City Manager or his or her designee The City Manager or designee shall be authorized to order further medical examination and reports The sanctions for failure to comply with the order of the City Manager or designee shall be a negative inference against the party who fads to comply with the order and /or suspension of the hearing until there is compliance or the order is withdrawn 10. Discovery The following rules shall apply, concerning the parties' right to discover information prior to hearing before the City Manager or his or her designee 4 "IL 077 A Pursuant to Government Code Section 11507 6, an employee or recipient, upon written request to the City before the hearing and within thirty (30) days after service of the Director of Human Resources /Risk Management's proposed recommendation, and the City, upon written request to the employee or recipient before the hearing and within thirty (30) days after service of the petition for hearing, are entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, and (2) inspect and make a copy of any of the following in the possession, custody or control of the other party (a) Any statements of persons concerning the matters to be decided at the hearing, (b) All writings, including medical documents, which are relevant and would be admissible at the hearing or which the party proposes to offer in evidence at the hearing B Pursuant to Government Code Section 11510, before the hearing the City Manager or designee shall issue subpoenas and subpoenas duces tecum, at the request of either party, for attendance or production of documents at the hearing Fees, mileage, and expenses of witnesses shall be paid by the party at whose request the witness is subpoenaed, pursuant to Government Code Section 11510 11. Evidence at Hearing The following evidentiary rules shall apply to the hearings before the City Manager or his or her designee. A Oral evidence shall be taken only under oath or affirmation B Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross - examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut evidence If petitioner does not testify in his or her own behalf, he or she may be called and examined as if under cross - examination C The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded 5 A, 073 12. 13. 14. D Affidavits shall be submitted into evidence at the hearing if the employee or recipient, or the City, sends to the other party, by depositing in the United States mad, the affidavit and notice of intent to submit the affidavit into evidence at least ten (10) days prior to the hearing and -the other party does not request the right to cross - examine the affiant within seven (7) days after the notice and affidavit is deposited in the United States mad Burden of Proof - Disability Retirement The moving party shall have the burden of proof The moving party shall be required to demonstrate by a preponderance of the evidence that the employee subject to disability retirement is incapacitated from the performance of the duties of his or her current or last job classification in order for a finding of disability to be sustained The employee shall not be found disabled on the basis of worker's compensation disability ratings or on the basis of medical restrictions which precludes the employee form performing activities that are not common occurrences The disability must be found to be presently in existence and not prospective in nature Burden of Proof - Cancellation of Disability Retirement Allowance The moving party shall have the burden of proof, and shall be required to demonstrate by a preponderance of the evidence that the recipient of a disability retirement allowance is no longer incapacitated, mentally or physically, for duty in the position previously held when retired for disability or in a position in the same classification Findings and Conclusions, and Final Determination A Within thirty (30) calendar days of the closing of the record, the City Manager or designee shall provide the parties in interest and their representatives, if any , with the written proposed findings of fact and conclusions, referring to the language of the petition for hearing and the Director of Human Resources /Risk Management's preliminary recommendation, and shall submit such proposed findings and conclusions to the City Council within sixty (60) calendar days of receipt of the hearing transcript The City Council may take any of the following actions The City Council may, based upon its independent review of the record, adopt the City Manager's or designee's proposed findings and conclusions by directing that they be deemed final and that certification be made accordingly to the PERS of the City's final determination of the application or recommendation based on such findings and conclusions, with a copy of the final findings and conclusions and the certification delivered personally or by registered mail to the parties and their representatives, if any, or 2 The City Council may, based upon its independent review of the record, modify and /or amend the findings and conclusions, and certify as appropriate to the PIERS their final determination based on such modified and /or amended findings and conclusions, with a copy of the 0 O'h 074 modified or amended findings and conclusions and the certification delivered personally or by registered mad to the parties and their representatives, if any, or 3 The City Council may, based upon its independent review of the record, direct that further evidence be taken and proceed to hear such additional evidence or remand the matter to the City Manager or designee for the taking of such further evidence and the issuance of a proposed decision The City Manager's or designee's proposed decision will be submitted to and reviewed by the City Council as described above B The City Council shall make its final determination as to a disability retirement within six (6) months of the City's receipt of the PERS' request to do so, or within one hundred (100) days of submission of the City Manager's or designee's proposed findings and conclusions, whichever is earlier The City Council shall make its final determination as to cancellation of a disability retirement within one hundred (100) days of submission of the City Manager's or designee's proposed findings and conclusions If the City Council orders a transcript of the hearing before the City Manager or designee, the one hundred (100) day period will begin upon the City Council's receipt of the transcript The City Council shall file its final determination immediately as a public record C. Reconsideration of Proposed Decision Any party may move for reconsideration of the City Manager's or designee's proposed decision within fifteen (10) days after service of such decision is delivered personally or deposited in the United States marl D. Appeal of Final Decision An aggrieved party may appeal the City Council's final determination in the manner and to the extent provided by state law 15. Reports /Transcripts of Hearing ai.-�pod Hearings shall be recorded by a certified shorthand reporter Transcripts shall be furnished to any person upon payment of the cost of preparing such transcripts &A( 075 1211 7 :I G RESOLUTION NO. 289)1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DESIGNATING OFFI- CER OF AUTHORITY TO CERTIFY DISABLED SAFETY MEMBERS, AND REPEALING RESOLUTION NO. 2514. WHEREAS, the City of E1 Segundo, California, (herein- after referred to as Agency) is a contracting agency of the Pub- lic Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retire- ment Law and whether such disability is "industrial" within the meaning of such law;and WHEREAS, the City Council of the City of E1 Segundo has determined upon legal advice that it may delegate authority to make such determinations to the incumbent of the office of City Manager; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of E1 Segundo does hereby delegate to the incumbent of the office of City Manager of the City of El Segundo authority to make determinations on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees' Retirement Sys- tem; and BE IT FURTHER RESOLVED that such incumbent be and he is authorized to make applications on behalf of the Agency for dis- ability retirement of employees in employments in which they are local safety members and to initiate requests for reinstatement of such employees who are retired for disability; and BE IT FURTHER RESOLVED that Resolution No. 2514 is re- pealed. ' 076 1 .> w I PASSED, APPROVED and ADOPTED this 20th day of February 1979• ATTES City Clerk (SEAL) Mayor of the City of E1 Segundo, California. -2- sift 077 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) 21 I, VALERIE A. BURROWES, SS City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2894 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of February 197 9 and that the same was so passed and adopted by the following vote: AYES: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer NOES: Councilmen None ABSENT: Councilmen None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 26th day of Felbruary , 197J9 (SEAL) �G�Lc.t� �-f /ol�L- riyLe- c�,•z -.�i City Clerk of the City of El Segundo, California A"T' 078' EL SEGUNDO CITY COUNCIL MEETING DATE: 5/16/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adopt Plans and Specifications No. PW 95 -1 for Repair of Sewer Main Lines 1994 -95 (estimated cost - $110,000). RECOMMENDED COUNCIL ACTION: 1. Adopt plans and specifications. 2. Authorize Staff to advertise for bids. BRIEF SUMMARY: The Capital Improvement Program includes an annual program to repair the City's sanitary sewer mains. The nature and location of existing deficiencies are established by means of performing a closed circuit television inspection survey and reviewing of the video tapes by Public Works Department Staff. Generally, the sewer main pipe repairs relate to localized problems, such as separation and breaks in joints, cracks, sags, and missing portions of pipe material. The proposed work includes excavating the street to access the sewer main, performing the needed repair, backfilling and restoring the street pavement. Plans and specifications have been prepared by the Engineering Division. The proposed project, which includes repair of sewer mains at ten (10) locations (attached map), is estimated to cost $110,000, including inspection costs and contingencies. Staff is currently preparing two (2) additional sewer rehabilitation projects estimated to cost $115,000. These projects are proposed to be financed from funds remaining in the annual sewer repair program. These projects are anticipated to be scheduled for City Council adoption of plans and specifications in June, 1995. ATTACHED SUPPORTING DOCUMENTS: City map showing work locations. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _ Capital Improvement Budget: XX 110,000 $384,000 $228,000 Date: 4/7/95 301- 400 - 8204 -8317 Adoption of plans and specifications Yes No XX 079 1. N� f Nr!!!!)r Yeroeer. z f•tlYYYYY■ (tuff fiw V w r N i s .N< N :a A1Nf10J S7130N') $01 •AMA 3NtlON1MYN AO AlIJ ♦ 0. p0 «3! W] J fwiiY Y I OA1t 00710 NVS > r 2O u a CL a W tJ O MOILVIA1 3A100N003N xrY NMN = V a W m 2 < F F < \ 2 z t0]AIAQt i :aM fw )M ■la W O ]M 1AN1tf y t1113tMIW H- :]A3 YIY4 V aM 11ItN ;3M al /lava �JAW 13YOt1 !Y A3NMO01a :IV 3MONllt ak 080 In I 0 z J a ak 080 In I 0 z J EL SEGUNDO CITY COUNCIL MEETING DATE: 5/16/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract for the 1994 -95 Slurry Seal of Various Streets, Specifications No. PW 94 -14, to Pavement Coatings Company (contract amount - $ 68,972.88). RECOMMENDED COUNCIL ACTION: 1. Award contract to the lowest responsible bidder, Pavement Coatings Company, in the amount of $ 68,972.88. 2. Authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the City Attorney. BRIEF SUMMARY: On 3/21/95, the City Council adopted plans and specifications for the subject project and authorized Staff to advertise for bids. On 4/25/95, the City Clerk received and opened the following bids: BID TOTAL 1. Pavement Coatings Company $ 68,972.88 2. Roy Allan Slurry Seal $ 81,863.80 3. California Pavement Maintenance $ 86,256.32 4. American Asphalt $ 110,225.93 ENGINEER'S ESTIMATE $ 70,500.00 The project involves the application of a thin asphalt slurry seal coating on the street pavement to seal it from moisture intrusion, thereby extending its useful life. Staff is recommending the award of the construction contract to the lowest responsible bidder, Pavement Coatings Company, which has satisfactorily completed the City's slurry seal program for the last six (6) years. ATTACHED SUPPORTING DOCUMENTS: Map of streets included in the project (southeast quadrant of the residential area). FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _Capital Improvement Budget: XX 68,972.88 S 75,000.00 S 74,000.00 Date: 106 - 400 - 8203 -8357 Award of Contract Yes No XX vnivians - Eduard S oder Directo of Public Works J` REVIE BY: Date: J . Morrison City Manager x�--O�s ACTZ TAKEN: PW- CON.428 99 081 h 00 12 N� V Q 4 MOLLanV 3A30aM003tl A3A 3 N Z V W 01 z f f W < P = ` z 3a3A1ad33 J I AiNnoa 53139Nr Sol AMJ 3NNOIN YN d0 Ally ul i • °� i ;ni 33 _ ` •iyy s , O aA13 3MId oa31a Nrs _oNe 6 < W• J SfA f < L, •1113s,IM F :3AV RIVA �, 3 M3 � V1 :3M 31 °t. r a • e• z zu• � W JJ y C3M Y ' i h •• •� • -a« .• r...• Qwwwn i � n� Win.. r 4 w w w« w \\�� - 9 9 9 9 9 9 9 `J79� 3 i _y_••_.-e�._ wwn =wwr n e e w a H N n 3A3 1151 V Q 4 MOLLanV 3A30aM003tl A3A 3 N Z V W 01 z f f < P = z 3a3A1ad33 i :3w 1VO :3m .13 W O :am 3MId L, •1113s,IM F :3AV RIVA V :3M 31 °t. : 3A3 3111031 C3M 13MAV1 Va A3 NWA ,° 3MOMV1. °` 08^ Mi n I v • At EL SEGUNDO CITY COUNCIL MEETING DATE: 5/16/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Sports Lighting Improvements at the Richmond Street Middle School Field and Recreation Park. Project No. PW 94 -7. (Final contract amount $131,480). RECOMMENDED COUNCIL ACTION: 1. Approve Change Order No. 1 in the amount of $1,500. 2. Accept the work as complete. 3. Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's office. BRIEF SUMMARY: The City Council on 8/2/94 awarded a contract to AAA Electrical Services in the amount of $129,980 for the subject project. The project included the installation of new sports lighting for the Middle School baseball field and renovation of the existing sports lighting at Recreation Park by replacement of old light poles and fixtures. The project construction experienced some delays beyond the Contractor's control, such as late delivery of the poles and light fixtures and inclement weather during the early part of 1995. Additionally, several light fixtures at Recreation Park could not be made operational due to an existing burned out transformer equipment outside the scope of the original contract. Staff authorized the replacement of this defective equipment for an additional cost of $1,500 for which Council approval is being requested. The defective transformer was replaced by the Contractor on 4/7/95. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Numbers: Project Phase: Appropriation Required: continued on neat page..... _Capital improvement Budget: XX Date: 301 & 708 - 400 - 8202 -8342 and 301 & 708- 400 -8202 -8354 Acceptance of Work Yes No XX - 1 of 2 - ak 083 BRIEF SUMMARY: (continued) Night use of the Middle School baseball field commenced in March 1995 and the Recreation Park lighting system (with the exception of the non - operating lights described before) has been in use since January 1995. Currently all lights in Recreation Park are operational. The final construction contract amount of $ 131,480 is funded from $114,000 of Los Angeles County Park Bond Grant Funds and $17,480 of Capital Improvement Funds budgeted in the adopted Capital Improvement Program. - 2 of 2 - PW- CON.429 (5/9/95) AM, Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street E1 Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT' ss sssssssssssssssssssssssssssssss Project Name Sports Lighting Improvements at the Richmond Street Middle School Field and Recreation Park Project No VW 94 -7 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that- 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is: City Hall, 350 Main Street, El Segundo, California, 90245 4 The nature of the interest of the owner is. Fee 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on April 7, 1995. The work done was Installation and replacement of sports lighting. 6 On May 16, 1995, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7. The name of the Contractor for such work of improvement was AAA Electrical Services. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows - Richmond Street Middle School Field and Recreation Park 9 The street address of said property is None. Dated Bellur K Devaraj, City Engineer City of El Segundo VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Nonce of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct Executed on 1994 at El Segundo, California. Bellur K. Devaraj, City Engineer City of El Segundo Q PW- NOT429 (5/0.95) ( " r EL SEGUNDO CITY COUNCIL MEETING DATE, May 16, 1995 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Calendar Vm4km By 9 1*1ga I at rel iii The City of El Segundo is the Recipient of awards in both budgeting and financial reporting from the National Government Finance Officers Association (GFOA) and the California Society of Municipal Finance Officers (CSMFO) 9rT I =I 1191:1 exiKellu'rell • Receive and File BRIEF SUMMARY: The City of El Segundo submits for review two major documents These documents are the annual budget and the City's comprehensive annual financial reports These reviews are performed by independent organizations and compared /judged to a extensive and rigid array of criteria Included to this staff report is a survey of recipient Cities compared to the total number of Cities in the United States as reported in the 1992 Census of Governments Please note that only 3 58 % of all Cities earn this award Submission of these documents does not guarantee the submitting organization receiving an award even if all the required documentation is submitted The independent reviewers analyze each document and do have tangible and some intangible criteria that they use for analyzing these documents Some of the rating criteria are as follows 1 Does the financial report give a clear, concise, and thorough view of the City's finances 2 Does the financial report enhance the ordinary reader's understanding of what is considered fair presentation of the financial statements 3 Are all financial statement efficiently organized and adhere to generally accepted accounting principals, including terminology and formatting conventions 4 Does the budget serve as a proficient communications device 5 Can the budget be used as an proficient operational guide 6 Does the budget serve as a proficient policy document and financial planning tool Finally these documents are prepared to catch the attention of the community resident so that they may want to pick it up at the local library and become a better informed citizen of our community ATTACHED SUPPORTING DOCUMENTS: Survey of award recipients Copies of awards FISCAL IMPACT: Informational Only (Check one) Operating Budget Capital Improv Budget Amount Requested. Account Number. Appropriation Required - Yes_ No_ Steve Klotzsch9 Manager ;R nss FN —I -001 Total Governmental Units and Submitters Total cities and counties per 1992 census of governments* Total submissions by cities and counties of fiscal years ended in 1993 Percentage of total cities and counties submitting % of all cities over 200,000 % of all cities over 100,000 % of all cities over 50,000 % of all cities over 25,000 % of all cities over 10,000 % of all cities * The term 'cities" includes cities, municipalities, villages and townships 7654% 7181% 6140% 4738% 3064% 3 58% 087 FN -I -002 Cities Population Units Submit Percent 1 -9,999 32,487 232 0 71 % 10,000 - 24,999 2,018 379 1878% 25,000 - 49,999 815 300 36 81 % 50,000 - 99,999 387 214 5530% 100,000 - 199,999 146 101 69 18% 200,000 or more 81 _ 622 7654% Total 35,934 1,288 3 58% % of all cities over 200,000 % of all cities over 100,000 % of all cities over 50,000 % of all cities over 25,000 % of all cities over 10,000 % of all cities * The term 'cities" includes cities, municipalities, villages and townships 7654% 7181% 6140% 4738% 3064% 3 58% 087 FN -I -002 m " a � cam• N - Vanua V T a rt O P m p O -t m F e� Val eD � O 0 CL � � O O � (O rA J, 088, FN -I -003 T 1 089, FN -I -004 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue Suite 800. Chicago, Illinois 80801 312/977- 9700•Fax 312/977 -4806 March 21, 1995 For Further Information Contact Stephen J. Gauthier (312) 977 -9700 sararssssarrsrssserrassrsssrsessarssrrrsssserrssrrrssssasraarrsssarsssssrssssr CHICAGO —The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that the City of El Segundo, California has received GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the jurisdiction. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the jurisdiction had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well a government's budget serves as: • a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories to receive the award. Since the inception of GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 650 jurisdictions have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 12,650 government finance professionals throughout North America GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. WASHINGTON OFFICE 1750 K Street, N W. Suits 850, Washington, OC 20008 202/429 -2750 • Fox 202/429 -2755 1•) FN —I -005 EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Proposed contract renewal with the Los Angeles Southern California Humane Society to provide animal control and shelter service for the City of El Segundo at a cost of $42,692 per year for two years RECOMMENDED COUNCIL ACTION: Approve contract HnAtlmli Fees for services provided by the Southern California Humane Society have been modified from year to year by written amendments to a contract last formalized in 1983 This year, the Humane Society has submitted a formal contract proposed to cover the two -year period of July 1, 1995 to June 30, 1997 This contract calls for a monthly service fee of $3,500 (Three thousand five hundred dollars) Total annual cost would be $42,000, billed quarterly In addition, the cost of printing and purchasing license tags will be billed to the City at actual cost, estimated at approximately $692 This amount has been requested in the 1995 -96 operating budget This contract reflects an increase of $6,100 per year The agency maintains an animal shelter facility at 12910 Yukon Avenue, Hawthorne The proposed scope of services provided will remain the same and include enforcement of all City ordinances and laws of the State of California within City limits relative to the keeping, harboring and disposition of animals, 24 -hour telephone service, response for injured or dead animal pickup, animal impoundments, and investigation of animal cruelty complaints The contract has been reviewed by the City Attorney who has recommended approval as to form V-111 t t rSd a 4 rT �3 � 17 Z� 7 31110 14 1110101111 L' d:1 ki Y fr Proposed agreement between the City of El Segundo and the Southern California Humane Society Copy of Certificate of Liability Insurance naming the City as an additional insured and as certificate holder FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $42.692 Project/Account Budget: Project/Account Balance: Date: Account Number: 001 -400 - 3101 -6271 Project Phase: Appropriation Required - Yes _No_ ORIGINATED: Date: k r City Manager 5, 1995 %• 091 PD -I -1 CONTRACT) 2394 CITY OF EC SEGUNNY AN AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SOUTHERN CALIFORNIA HUMANE SOCIETY TO PROVIDE ANIMAL CONTROL SERVICES FOR THE CITY OF EL SEGUNDO JULY 1, 1995 -JUNE 30, 1997 This agreement is entered into on this Ist day of July, 1995, by and between the City of El Segundo, a Municipal Corporation, whose address is 350 Main Street, El Segundo, CA 90245, hereinafter referred to as the "City" and the Southern California Humane Society, a Corporation whose address is 5026 West Jefferson Boulevard, Los Angeles, CA 90016, hereinafter referred to as the "Agency" This contract supersedes, replaces, and revokes any and all prior contracts between the Agency and the City Additionally, this contract contains the entire understanding between the parties Any modifications to this documentation must be in writing and executed by both parties RECITALS A The City requires animal control services due to the number of animals present within the City B The Agency is possessed of the skills requisite and necessary to furnish animal control services for the City and the City desires to contract with the Agency to provide the same NOW, THEREFORE, in consideration of the performance by the parties of the stipulations herein contained, the parties agree as follows Service. A The agency agrees to serve as the Director of Animal Control for the City in accordance with applicable ordinances of the City and laws of the State of California The Agency agrees to furnish an animal shelter to be located at 12910 Yukon Avenue in the City of Hawthorne, California, and to maintain the said animal shelter throughout the term of this agreement B The Agency shall enforce all City ordinances and laws of the State of California within the City limits relative to the keeping, harboring and disposition of animals These duties shall include a The investigation of animal cruelty complaints brought to the Agency's attention by City personnel b Pickup and impounding of animals at any time upon the requests of authorized representatives of the City c Maintenance of prompt pickup service for injured animals and reasonable pickup service of not more than twenty -four (24) hours for dead animals is W 0 9 7 PD —I -2 + VIIIIVIVIJ 2394 CITY OF FU SFDUMD(Y d Issuance of license tags and license receipts The agency shall provide to the City on a monthly basis a report of the number of such license issued, including identification numbers and fees collected The agency shall advise the City Manager on a monthly basis of all dog license fees collected In addition the agency shall keep such books and records in such a form and manner as may be required by generally accepted accounting practices, and such books and records shall be opened to audit and examination by the City or its authorized representatives e Perform such duties relative to the control, regulation and protection of animals within the City as directed from time to time by the City manager or his authorized representatives f Maintain a telephone number which will be answered twenty -four (24) Hours a day, seven days a week g Maintain a record of all field services and furnish the City manager upon request with a written record of service The information, along with a report on the opetation of the Agency, shall be furnished to the City Manger upon request h The Agency shall cooperate with the City Manager in public relation and communication efforts within the City i Field Service shall be available on a twenty -four (24) hours per day, seven (7) days per week basis Night calls, between 5 PM and 7 30 AM shall be of an emergency nature only 2. Compensation. The cost of providing animal control services outlined in this contract is Thirty Five Hundred ($3500) dollars for each month of service up to forty (40) hours of monthly service, beginning with July 1, 1995 Hours incurred in the City of excess of 40 hours shall be billed at $70 per hour In addition the cost of printing and purchasing License Tags will be billed to the City at the actual cost incurred by the Agency 3. Collection of Fees The Agency will bill on a quarterly basis for the cost of providing animal control service The license moneys that are collected by the agency will be retained by the Agency 100% and be used to offset the cost of providing animal control services which are outlined above The bill will be calculated as follows $10,500 will be billed quarterly with dny license moneys collected to date subtracted from the bill 4. Term. This agreement will commence on July 1 1995 and terminate June 30, 1997, unless sooner terminated as provided for thereafter, and may be extended or amended by mutual written consent of the parties herein 5. Indemnification. The agency agrees to defend, indemnify and hold harmless the City, its Council members, its officer and employees, from and against all claims and demands whatsoever arising out of or connected with this Agreement 6. Insurance During the term of this Agreement the Agency shall maintain a policies of general liability, automobile and worker's compensation insurance in an amount not less than one million dollars ($1,000,000) insuring the Agency against liability arising out of or connected with the Agency's performance of this Agreement Such policy shall name the City, it's officers and employees as additionally insured and shall provide that it shall not be canceled without thirty (30) days written notice to the City and be in form approved by the City Attorney 7. Compliance with Laws The Agency agrees to abide by all local and state laws governing its operations pD —I -3 LUN I KAC Ij 2394 CITY OF E12 SEGUNDO 8. Independent Contractor. The Agency is and shall at all times remain as to the City a wholly independent contractor Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Agency or any of the Agency's officers, employees or agents, except as expressly set forth in this Agreement The Agency shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agent of the City. No employee benefits shall be available to Agency in connection with the performance of this agreement Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Agency for performing services hereunder for City City shall not be liable for compensation of or indemnification to Agency for injury or sickness arising out of performing services hereunder 9. Termination. This agreement may be terminated at any time by either party upon sixty (60) days written notice 10. Entire Agreement. The text herein shall constitute the entire Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written City of El Segundo By Mayor Attest By Deputy City Clerk Southern California Humane Society By Madeline Bernstein, Executive Director Attest By Juliann Rooke, CFO T' 094 PD —I -4 ACORD. CERTIFICATE OF LIABILITY INSURANCE °02 /`; 95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION -ABI SPECIAL RISK ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AMERICAN BUSINESS INSURANCE BROKERS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW LOS ANGELES INC 15760 VENTURA BLVD, SUITE 1400 _ COMPANIES AFFORDING COVERAGE 1 ENCINO, CA 91436 -3007 COMPANY (818) 377 -3800 A 'GREAT AMERICAN INSURED COMPANY LOS ANGELES SOCIETY FOR THE B NORTHBROOK PROPERTY & CASUALTY INS CO PREVENTION OF CRUELTY TO ANIMALS AND COMPANY THE SOUTHERN CALIFORNIA HUMANE SOCIETY C__ CALIFORNIA COMPENSATION 5026 JEFFERSON BOULEVARD COMPANY LOS ANGELES, CA 90016 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I_ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN_ MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMI00/YY) DATE(MWDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000 _0 OD_ X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP /OPAGG $ 1,000,000 A CLAIMSMADE X OCCUR PAC 21623670 02/10/95 02/10/96 PERSONAL &ADVfNUURV S 1,000,000 —X OWNER S & CONTRACTOR S PROT EACH OCCURRENCE $ 1,000,000 J _ FIRE DAMAGE (Any one fire) S 50,000 MED EXP (Any one person) $ 5.000 AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000 B X ALL OWNED AUTOS CA 0669210 02/10/95 02/10/96 BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS X BODILY INJURY $ NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLV EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM S' WORKERS COMPENSATION AND OTH �Ry1C IT5 EMPLOYERS _ EL EACH ACCIDENT $ 1,000,000 C THE PROPRIETOR/ mcL W 949110989 PARTNERS/E %ECUTIVE — 09/30/94 09/30/95 EL DISEASE - POLICY LIMIT $ 1,000,000 OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE S 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLE &SPECIAL ITEMS ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED ADDITIONAL INSURED CITY OF EL SEGUNDO, ITS OFFICERS, AGENTS AND EMPLOYEES 30 DAYS NOTICE VIA CERTIFIED MAIL CERTIFICATE HOLDER CANCELLATION *10 DAYS FOR NONPAYMENT OF PREMIUM CITY OF EL SEGUNDO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN CITY ATTORNEY'S OFFICE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL FJYOpAAM IMW�I�X1AIl 30a 350 MAIN STREET DA/YyS N/OvTyICEy TO CEyRTIFyICA/TyE NAMED TO THE LEFT. yWyRITyTEyN yTHyE yHOyLDyER y BA 1VILi11RX MAIL% JNOTIIO '11EEVACL)iI11Pi1BB110�BB�iHli A)6X C1RBILXX EL EL SEGUNDO, CA 90245 oIXuXliiE) 6XI]( iiXrDC MHI (XDliifiJG%Xi(s7(a(dbi4j(u)(, (Dy2c14i(a("x AUTHORIZED REPRESENTATIVE AM RICAN BUS ESB)NSUNANCE BROKE" LOS ANGELES INC I -1 14 A - .+ / JAMES A KEICN (SAiC-(O�R`D ACORD 25-S (1/95) f/ \_ �f-1/� `C./ CORPORATION 1988 OOP PD —I -5