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
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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
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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
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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
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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
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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
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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
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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
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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
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PD —I -5