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1995 NOV 07 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark .( beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607- 2209. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL November 7, 1995 - 5:OO P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 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, 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) 1 Amendment to Lease Agreement between City and Project One -Fifty re property on corner of Sepulveda and El Segundo Boulevard 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 Kilroy Airport Assoc etc v City of El Segundo, LASC Case No BS034343 4 City of El Segundo v LAX, LASC Case No BC130859 5 Marion v City of El Segundo, Case No BC049301 6 Fragale v City of El Segundo, et al , Case USDC #CV95 -7041 DT (Ex) 7 Sue /McClemens /McIntosh /Ash v City of El Segundo, Case No 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) City Attorney - fiscal 1994- 95 billing review 002 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 Citv Business Only - 5 minute limit) ADJOURNMENT POSTED DATE ///ZLIgg- TIME t /J . * Q , th NAME w 2 003 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items The Public can participate In the discussion of any Item listed on the Agenda To facilitate your presentation, please place a check mark .f beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place Items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must Include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact City Clerk, 607- 2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, November 7, 1995 - 7:00 P.M. Next Resolution # 3946 Next Ordinance #1239 CALL TO ORDER INVOCATION - Rev Bonnie Wulff, Living the Inner Light Foundation PLEDGE OF ALLEGIANCE - Councilman Robbins PRESENTATIONS - NONE ROLL CALL 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 Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1 Public hearing and introduction of an Ordinance to amend various sections of Title 20 of the El Segundo Municipal Code regulating the sale and consumption of alcohol in commercial and industrial zones (EA -348 ZTA 94 -1) Applicant The City of El Segundo Recommendation - 1) Hold Public Hearing; 2) Discussion; 3) Reading of Ordinance by title only; 4) Introduce Ordinance; and 5) Schedule second reading and final adoption of the Ordinance on November 21, 1995. 11• C. UNFINISHED BUSINESS Approval of Amendment No 2 to a Lease Agreement between the City and Project One- Fifty to ensure current and future uses of the North Village Shopping Center at 150 S Sepulveda Boulevard are consistent with the current parking requirements of the Zoning Code Required parking to be located off -site on the adjacent City owned lot currently leased to Proiect One -Fifty Recommendation - Authorize the Mayor to execute Lease Amendment No. 2 and to approve any subsequent Compliance Agreements without further Council action. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Review of current status of recruitment for candidates for the following committees /commissions/boards ( "CCBs ") (1) Capital Improvement Program Advisory Committee, (2) El Segundo Community Cable Advisory Committee, (3) Wall of Honor Recommendation: 1) Extend all expired terms of office on the various CCBs; 2) Continue the current recruitment process for the CCBs, and extend the filing deadline to 5:00 pm, Friday, December 29, 1995 for those CCBs with fewer than three applicants per vacancy. 2. Memorandum from the El Segundo Senior Citizens Housing Board about the delay in submitting the Operation Report and budget for 1996 Recommendation - Receive and file memorandum E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 226099- 226218 on Demand Register Summary Number 16 in total amount of $107.646 35 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 226219- 226412 on Demand Register Summary Number 17 in total amount of $704.717 03 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. Warrant Numbers 226413- 226564 on Demand Register Summary Number 18 in total amount of $264.127 87, and Wire Transfers in the amount of $1.190.896 54 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 10/07/95 to 10/27/95. City Council meeting minutes of October 16 and October 17. 1995 Recommendation - Approval. Request for the same level of City staff assistance as last year with Candy Cane Lane (1200 block of E Acacia Avenue) from December 9 to December 23. 1995 Recommendation - Approve request, provided that all necessary permit applications are submitted, including any noise or sound amplification permits, and project meets applicable City requirements. In addition, should anyone in Candy Cane Lane not adhere to the odes and hours of use for the sound or noise permit, such permit may be rescinded for the remainder of the applied for period, which may affect Council approval for future years. 005 6 Approval of Contract No 2233 -B Amendment to Employment Agreement Between the City of El Segundo and James W Morrison Recommendation - Approval of Amendment, effective as of July 8, 1995. 7 Revised Class Specification and proposed Resolution establishing a new salary range for the job classification of Water/Wastewater Superintendent Fiscal Impact Annualized total compensation increase to Waterworks Fund - $10,414, but is offset by the elimination of $10,383 of prior year's overtime and comp time costs Recommendation - 1) Adopt Resolution. 2) Approve the revised Class Specification. 8 Request City Council accept the bid from Keystone Uniform Company for the Fire Department's Firefighters' uniforms Recommendation - Accept the low bid from Keystone Uniform Company. 9 To reappropriate funds for capital improvements, special projects, and purchase orders approved in FY 1994 -95 that were in progress or still open at June 30, 1995 Recommendation - Approve reappropriation of funds as detailed in the staff report. (NOTE: This item is for accounting purposes only. It will allow staff to bring forward the necessary budget balances so that on -going projects and purchases can be completed without overspending the FY 1995 -96 approved budgets.) 10 Repair of Sewer Mains 1994 -95, Specification No PW 95 -1 (final contract amount Recommendation - 1) Approve Change Order No. 1 in the amount of $11,270.65. 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. 11 Approval of Change Order No 1 and appropriation of additional funds for the Re- coating of Interior and Exterior Surfaces of Elevated Steel Water Tank at 400 Lomita Street, Snecification No PW 94 -10 (change order amount $10.981) Recommendation - 1) Authorize appropriation of $10,981 from Water Enterprise Funds. 2) Approve Change Order No. 1 in the amount of $10,981. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER 1 Completion of Phase I, System Design -- For Proposal for the 911 Public Safety Communications project Recommendation - Authorize staff to release the Request For Proposal to interested vendors. 2 Resolution of Intention to approve an Amendment to Contract between the Board of Administration of the Public Employees Retirement System and the City Council of the City of El Segundo that implements 2% at 50 retirement formula as required by the Firefighters Association 1992 -95 Memorandum of Understanding Fiscal Impact Increase in city paid employee retirement contribution, $33,750 on an annualized basis Anticipated 1497% increase in employer contribution rate, as determined by PERS does not go into effect until July 1. 1997 Recommendation - 1) Read Resolution by title only. 2) Adopt Resolution. 3) Provide for first reading and introduction of the Ordinance. 3 006 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - 1 Resolutions calling for and adopting regulations for Candidates' Statements for a Municipal Election, April 9, 1996 1) Resolution calling and giving notice of the holding of a general municipal election 2) Resolution requesting County Services 3) Resolution adopting regulations for Candidates' Statements 4) Resolution ordering the Canvass of the General Municipal Election Recommendation - 1) Discussion. 2) Read Resolutions by title only. 3) Adopt Resolutions. I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - NONE Councilman Robbins - 1 Accept October 17, 1995 donation of two autographed hard cover books, Stopping Power - Why 70 Million Americans Own Guns, and Self Control Not Gun Control, from distinguished author J Neil Schulman, valued at $47 90, and make them a permanent part of the El Segundo Public Library circulation collection Recommendation - Accept donation of two autographed books from author J. Neil Schulman and make them a permanent part of the El Segundo Public Library circulation collection. 2 Report on the League of California Cities (LOCC) Annual Conference and Business Meeting, including a brief overview of seminars, and a report on the LOCC action preventing a membership vote on the LOCC Board of Directors endorsement of California Police Chiefs Association position paper 95 -1 and its recommendations that would result in firearms registration, licensing, ban and confiscation Recommendation - Discussion and possible action. 3 Feasibility of a Good Government measure sponsored by the City, for submission to the voters, that would limit the duration of certain types of contracts to a maximum of four years and require that other types of contracts contain provisions allowing the City to cancel the contract after four years or at four year intervals Recommendation - Discussion and possible action. 4 School Board's eviction of the Girl Scouts from the Madsen house and related School Board violations of the 3 75 million dollar Restated Joint Use Agreement, and of the $400,000 agreement for the City's use of the Madsen house and other Richmond Street School property Recommendation - Discussion and possible action. Councilman Switz - NONE Mayor Pro Tem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) 4 4. 0, 007 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seM c ) 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, November 7, 1995 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE / S" TIME f ! : on co- m , NAME T ,12 5 11: co- Y 0�, SEG13 ORDER OF ADJOURNMENT OF A MEETING OF THE CITY COUNCIL, OF THE CITY OF EL SEGUNDO, CALIFORNIA THE EL SEGUNDO CITY COUNCIL CONVENED IN A MEETING ON NOVEMBER 7, 1995 AT THE EL SEGUNDO CITY HALL, COUNCIL CHAMBERS, 350 MAIN STREET EL SEGUNDO, CALIFORNIA. PRESENT: MAYOR JACOBSON, MAYOR PROTEM IAICQTnN_ COUNCILMAN SWITZ, AN ROBBINS, AND IAN FRIEDKIN. ABSENT: V �/ MAYOR JACOBSON DECLARED THE MEETING ADJOURNED TO A MEETING ON NOVEMBER 21, 1995 AT 5:00 P.M. THE ABOVE IS A TRUE AND CORRECT EXCERPT OF AN ACTION TAKEN AT THIS MEETING OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HELD ON NOVEMBER 7, 1995 . POSTED BY: �Q�✓ MA LENE BAKER EXECUTIVE ASSISTANT TO THE CITY MANAGER CINDY MORTESEN, CITY CLERK CITY OF EL SEGUNDO, CALIFORNIA POSTED TIME: POSTED DATE: EL SEGUNDO CHEVRON i GAS STATION — OH -1(a) c J m Oi 4138 -019.008 a CHEVRON REFINERY J H -7 u OH -1(b) * m M OREFERENCE FOR TABLE ON PAGE 2 OF 2 * CURRENT OVERHEAD(OH) SERVICES -SEE PAGE 2 OF 2 �- BLVD.- - 9 OH -9 4138 -014.014 4138-014 -018 O * OH -3 SCALE !1T S 0 GOLF COURSE oy\ ITY PROPERTY 4138-014 -900 7 J WEST BASIN MUNICIPAL WATER DISTRICT WATER RECLAMATION FO PLANT N, ,NP'I 9S DES UBLIC STORAGE 413"14-039M040 138 -019 -021 ALLIED SIGNAL INC. 4138 -018 -013 Al ED SIGNAL INC. ALLIED SIGNAL INC. ROSECRANS AVE. - -1 CITY OF MANHATTAN BEACH UNDERGROUND UTILITY DISTRICT NOA (SEPULVEDA BLVD. - STATE ROUTE 7 - RIGHT OF WAY) EXEMPT CROSSINGS EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Public hearing and introduction of an Ordinance to amend various sections of Title 20 of the El Segundo Municipal Code regulating the sale and consumption of alcohol in commercial and industrial zones (EA -348, ZTA 94 -1) Applicant* The City of El Segundo 1) Hold Public Hearing, 2) Discussion, 3) Reading of Ordinance by title only, 4) Introduce Ordinance, and 5) Schedule second reading and final adoption of the Ordinance on November 21, 1995 On April 4, 1995, the Council directed staff to bring all alcohol licenses, except wholesale licenses, to them for review On July 10, 1995, staff presented a report to the City Council which outlined the various options available to require Council approval of all alcohol licenses, and at that meeting Council directed staff to revise the Zoning Code To implement this direction, staff has added the off -site sale of alcohol at retail establishments as a use requiring an Administrative Use Permit (AUP) in all commercial and industrial zones The AUP procedures in Chapter 20 72 have been amended to replace the Planning Commission with the City Council as the receive and file body for alcohol related AUP's Special findings for the issuance of alcohol related AUP's and CUP's have also been added which require conformance with State Department of Alcohol Beverage Control (ABC) regulations Additionally, Chapter 20 74 has been amended to make the City Council the approval body for CUP's for bars Currently, the Planning Commission is the decision making body, with appeals going to the City Council As proposed, the Planning Commission would make a recommendation on any alcohol related CUP, as it currently does for zone text amendments, and the City Council will make the final decision The Planning Commission held a public hearing on the proposed amendments on September 14, 1995, and adopted Resolution No 2368 recommending that the City Council approve the Zone Text Amendments If a use (excluding restaurants and hotels) which proposes to sell alcohol is in an area of "undue concentration" of crime or ABC Licenses, as defined by ABC, the ABC license will also come from the State to the City Council for approval In accordance with State regulations, the City Council must make findings of public convenience or necessity in order to allow new ABC licenses in these areas of "undue concentration" This State regulated ABC license process is separate from the local AUP and CUP process, and different findings must be made in order for the Council to allow new alcohol sales in areas of "undue concentration " lint q:Id 3rI3SI:i>il [tlS0ZdrISI4ai i) Draft Redline Version of Zoning Code Text Amendments, dated November 7, 1995 2) City Council Ordinance No 3) Planning Commission Resolution No 2368 4) Minutes from the September 14, 1995 Planning Commission Hearing 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 Date: ) I E . � Laurie B Jes , Senior Planner City Manager ea348 ais 009 EA -348, ZTA 94 -1 DRAFT ZONING TEXT AMENDMENTS November 7, 1995 CHAPrFR 20.31 COMMERCIAL RETAIL SERVICES (C-RS) ZONE 20 31.020 PERMITTED USES The following uses are permitted in the C -RS Zone A Retail uses providing sales4 HAWWW WWW "N "and services, B Financial institutions; C Billiard -pool rooms and bowling alleys, D Clubs (private, excluding living quarters), E Governmental buildings (including offices, police and fire stations, parking and related buildings), F. General offices, G Medical- dental offices, H Restaurants, coffee shops, delicatessens, and cafes (excluding dancing and entertainment), I Schools, J Theaters, K Union offices and halls, or union offices, or halls; and, L Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 31.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations 2031040 USES SUBJECT TO A CONDITIONAL USE PERMIT Draft 11/7195 The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit B Churches, church schools and religious facilities, C Service Stations, D Video arcade with 8 or more video or arcade machines, and, 1 hf 010 E Other similar uses as approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations CHAPTER 20.32 NEIGHBORHOOD COMMERCIAL (C -2) ZONE 20 32 020 PERMITTED USES. The following uses are permitted in the C -2 Zone- A Neighborhood-serving commercial uses, including, but not limited to, retail sales B Neighborhood services, including, but not limited to, beauty/barber shops, and markets, C General and medical- dental offices, D Restaurants, coffee shops and cafes, E Public uses, including, but not limited to, fire and police stations, post offices and libraries, F Recreational facilities (public and private), and, G Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 32 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, find, OB Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 32 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit gd: i Hotels and motels, C Service station, and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations CHAPTM 20.33 GENERAL COMMERCIAL (C-3) ZONE 20.33 020 PERMITTED USES The following uses are permitted in the C -3 Zone A Retail uses Draft 11/7/95 2 012 B Hotels and motels, C Medical- dental offices and facilities, D General offices not exceeding 5,000 square feet, E Public uses, including, but not limited to, fire and police stations, post offices and libraries, F Recreational facilities (public and commercial), G Restaurants, coffee shops and cafes, and, H Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 33 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, ate, B Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 33.040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a Conditional Use Permit, as provided by Chapter 20 74, Variance and Conditional Use Permit A Bars, B Helicopter landing facilities subject to the provisions of Section 20 12 160, C Service stations, and, D Other similar uses determined by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations CHAPTER 20.34 CORPORATE OFFICE (CO) ZONE 20 34 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, m B Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit Draft 11/7/95 3 •• 012 B Freight forwarding; C Helicopter landing facilities subject to the provisions of Section 20 12 160, and, D Other similar uses approved by the Director of Planning and Building Safety as provided by Chapter 20 72, Administrative Determinations �I' I 1 ►� 1 1 20 36 020 PERMITTED USES The following uses are permitted in the MU Zone A General offices of commercial, financial or industrial establishments, B Medical- dental offices or facilities, C Financial institutions, D Business service establishments such as electronic computer facilities and addressing services, E Engineering, industrial design, consultation and other offices, F Hotels and motels, G Restaurants, coffee shops and cafes, H Retail and wholesale sales and service, I Scientific research and experimental development laboratories, J Theaters, K. Trade union halls, clubs, including service clubs, veterans' organizations, lodges and similar nonprofit organizations, and, L Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 36 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, OB Light industrial uses, and, OG Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 36 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit Draft I V7/95 4 013 �/. :/��'ry y .8 f q . $ B Catering services and flight kitchens, C Freight forwarding, D Helicopter landing facilities subject to the provisions of Section 20 12 160, E Parking facilities, including park and ride lots, F Recreational facilities (public and commercial), G Service stations, H Sexually oriented business, provided it is not located within 500 feet of another sexually oriented business, and, I Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations CHAPTER 20.40 LIGHT INDUSTRIAL (M -1) ZONE 20 40 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol ry use to a restaurants, coffee shop #, ow, er cafe, and OB Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations CHAPTER 20.41 HEAVY INDUSTRIAL (M -2) ZONE 20 41 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consum tion of alcohol ry use to a restaurants, coffee shop, or cafes, attd; OB Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations CHAPTER 20.42 SMALL BUSINESS (SB) ZONE Sections 20 42 010 PURPOSE 20.42 020 PERMITTED USES USES 20 42 040 USES SUBJECT TO A CONDITIONAL 20 42 050 PROHIBITED USES 20.42 060 SITE DEVELOPMENT STANDARDS 20 42.070 LANDSCAPING Draft' 11/7/95 5 ti 014 20.42 080 OFF - STREET PARKING AND LOADING 20 42 090 SIGNS 20 42 100 PROJECT REVIEW AND PLAN CONSISTENCY 20.43 MEDIUM MANUFACTURING GYM ZO Sections 20 43.010 PURPOSE 20 43 020 PERMITTED USES 20 43.025 PERMITTED ACCESSORY USES. 20 43 040 USES SUBJECT TO A CONDITIONAL USE PEI 20 43 050 PROHIBITED USES 20 43.060 SITE DEVELOPMENT STANDARDS, 20 43 070 LANDSCAPING 20.43 080 OFF - STREET PARKING AND LOADING 20.43 085 VEHICULAR ACCESS 20.43 090 SIGNS 20.43 100 PROJECT REVIEW AND PLAN CONSISTENCY WPM J1D1' 1 ill 1911 1 1 ulu1D1' 1 U Sections 20 44 010 PURPOSE 20 44 020 PERMITTED USES 20 44 025 PERMITTED ACCESSORY USES 20 44 060 SITE DEVELOPMENT STANDARDS. 20 44 070 LANDSCAPING 20 44.080 OFF - STREET PARKING AND LOADING 20.44 085 VEHICULAR ACCESS 20 44 090 SIGNS 20 44 100 PROJECT REVIEW AND PLAN CONSISTENCY 20 44 110 SPECIAL FINDINGS Draft 11/7/95 6 015 L"F11 WA 1 : 1 I W. V4 Y►/ D§ 11 DYYDI: uIIC : Y 1 Sections 20 72 010 20.72 020 20 72 030 20 72 040 20 72 050 20.72 060 20 72 070 20 72 060 PURPOSE ADMINISTRATIVE DETERMINATION ADMINISTRATIVE USE PERMIT FILING AND REVIEW PROCESS EXPEDITIOUS REVIEW PROCESS PLANNING COMMISSION REVIEW APPEALS PLANNING COMMISSION REVIEW A14 Written determmationsi 0 " "n made by the Director of Planning and Building Safety shall be placed as receive and file items on the next available agenda of the Planning Commission. Any Planning Commissioner ma request that an item be set for a formal public hearing before � li= in the manner prescribed in Chapter 20.90 No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the Planning Commission Owter 20.74 Draft 11/7/95 �� ► 11 � 1 YY � '� DIY 016 Sections ADVERSE DECISION BY CITY COUNCIL. 20 74 010 PURPOSE OF A VARIANCE 20 74 020 AUTHORITY TO GRANT A VARIANCE 20.74 030 VARIANCE - FINDINGS 20 74.040 AUTHORITY TO GRANT A CONDITIONAL USE PERMIT 20 74.050 PURPOSE OF A CONDITIONAL USE PERMIT 20.74.060 CONDITIONAL USE PERMIT FINDINGS 20 74 070 NOTICE AND HEARING 20 74 080 HEARING - DECISION 20 74 090 HEARING - RECORD 20 74 100 NOTICE OF PLANNING COMMISSION DECISION 20 74 110 EFFECTIVE DATE OF PLANNING COMMISSION ACTION 20 74.130 ADVERSE DECISION BY CITY COUNCIL. 20 74.140 ANNOUNCEMENT OF DECISION BY RESOLUTION 20 74 150 NOTICE OF DECISION OF CITY COUNCIL 20 74 160 LAPSE OF APPROVAL 2074170 SUSPENSION AND REVOCATION OF APPROVAL 20 74 180 CONDITIONS OF APPROVAL. 20 74 040 AUTHORITY TO GRANT A CONDITIONAL USE PERMIT The Planning Commission may grant a 20 74.060 CONDITIONAL USE PERMIT FINDINGS / /�jBefore a conditional use permit may be granted, it shall be found r That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located, $B 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 health, safety or welfare, or materially injurious to properties or improvements in the vicinity, and, G That the proposed conditional use will comply with each of the applicable provisions of this chapter AVINE/ Draft 11/7/95 El 017 p \ share \ amendmnt \ ea348drf txt Draft 11/7/95 WE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA 348 AND ZONE TEXT AMENDMENT 94.1, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE) RELATED TO THE SALE OF ALCOHOL, ALL OF WHICHARE COVERED BYAPREVIOUSLYCERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010; and WHEREAS, on December 1, 1992, the City Council certified, pursuant to law, an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act, and adopted a Statement of Overriding Consideration; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, and WHEREAS, on February 23, 1995, the Planning Commission did hold, pursuant to law, a public workshop to review revisions to the Subdivision and Zoning Codes, including revisions affecting the sale of alcohol; and WHEREAS, on April 4, 1995, the City Council did hold, pursuant to law, a public meeting and directed staff to forward all requests for alcohol liceneses to the Council for review; and WHEREAS, on July 10, 1995, the City Council did conduct, pursuant to law, a Quarterly Update of the Subdivision and Zoning Code and directed staff to amend the Zoning Code to implement changes in State law related to the sale of alcohol; and WHEREAS, on September 14, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on revisions to the Zoning Code related to the sale of alcohol, and notice was given in the time, form and manner prescribed by law; and WHEREAS, on September 14, 1995 the Planning Commission adopted Resolution No. 2368 recommending to the City Council approval of Environmental Assessment No. EA -348 and Zone Text Amendment ZTA 94 -1 regarding amendments to the Zoning Code related to the sale of alcohol, and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -348 and ZTA 94 -1, the revisions to the Zoning Code related to the sale of alcohol; and WHEREAS, at said hearings the following facts were established: 1. Consistent with State law, the sale of alcohol may be more strictly regulated by the City and these changes can be incorporated into Title 20 of the El Segundo Municipal Code. 2. The current Zoning Code does not address the sale of alcohol in all zones. 4, K 019 NOW THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed Environmental Assessment EA -348 and ZTA 94 -1, the City Council finds as follows: GENERAL PLAN The proposed Zone Text Amendment is consistent with the 1992 General Plan. ENVIRONMENTAL FINDINGS The City Council previously adopted EA -275 and Ordinance No. 1189 certifying a Final Environmental Impact Report on December 1, 1992 for the 1992 General Plan, finding that the Final EIR was a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. The proposed changes in the Zoning Code are not separate independent land -use actions. They are changes contemplated merely to implement the General Plan. There are no changes in the land -use designations or floor area ratios. Therefore, they are not likely to create any environmental impacts not already considered by the General Plan Final EIR. The City Council hereby determines that the project is covered by the previously certified Environmental Impact Report and the General Plan Program EIR adequately describes the proposed project for the purposes of complying with the California Environmental Quality Act (CEQA). 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 wildlife depends. 4. That within 10 days following the date of adoption of this resolution, the City shall file a De Minimus Finding with the County of Los Angeles Recorders Office, pursuant to AB 3158 and the California Code of Regulations, and shall file a Notice of Exemption, pursuant to the California Environmental Quality Act. Until appropriate notices are filed with the County of Los Angeles, the project shall not be deemed to be vested and no permits may be issued. NOW THEREFORE BE IT FURTHER RESOLVED THAT the City Council hereby approves EA -348 and ZTA 94 -1 and adopts changes to the El Segundo Municipal Code as follows• SECTION 1. Section 20.31.020 A. of Chapter 20.31, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Retail uses providing sales (excluding off -site alcohol sales) and services; SECTION 2. Section 20.31.030 of Chapter 20.3 1, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20 31.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 3. Section 20.31.040 A. of Chapter 20.31, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 4. Section 20.32.020 A. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: ax 020 A. Neighborhood - serving commercial uses, including, but not limited to, retail sales (excluding off -site alcohol sales); SECTION 5. Section 20.32.030 of Chapter 20.32, Title 20, of the E1 Segundo Municipal Code is amended to read as follows: 20.32.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 6. Section 20.32.040 A. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 7. Section 20.33.020 A. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Retail uses (excluding off -site alcohol sales); SECTION 8. Section 20.33.030 of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.33.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 9. Section 20.33.040 A. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 10. Section 20.34.030 of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.34.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 11. Section 20.34.040 A. of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; 3 021 SECTION 12. Section 20.36.020 H. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: H. Retail (excluding off -site alcohol sales) and wholesale sales and service; SECTION 13. Section 20.36.030 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; C. Light industrial uses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECIION 14. Section 20.36.040 A. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars, SECTION 15. Section 20.40.030 of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20 40.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 16. Section 20.41.030 of Chapter 20.41, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.41.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECIION 17. Section 20.42.030 shall be added to Chapter 20.42, Title 20, of the El Segundo Municipal Code to read as follows: 20.42.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail accessory establishments; and, 4 022 C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 18. Section 20.43.030 shall be added to Chapter 20.43, Title 20, of the El Segundo Municipal Code to read as follows: 20.43.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 19. Section 20.44.030 shall be added to Chapter 20.44, Title 20, of the El Segundo Municipal Code to read as follows: 20.44.030 USES SUBJECT TO AN.ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 20. Section 20.72.045 shall be added to Chapter 20.72, Title 20, of the El Segundo Municipal Code to read as follows: 20.72 045 FINDINGS FOR APPROVAL OF ALCOHOL SALES. Before an Administrative Use Permit may be granted, it shall be found that: A. The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located; C. The proposed use is consistent and compatible with the purpose of the zone in which the site is located; D. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, E. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. SECTION 21. Section 20.72.060 of Chapter 20.72, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.72.060 PLANNING COMMISSION REVIEW. Written determinations on non - alcohol related permits, made by the Director of Planning and Building Safety, shall be placed as receive and file items on the next available agenda of the Planning Commission. Any Planning Commissioner may request that an item be set for a formal public hearing before the Planning 023 Commission in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Buildmg Safety is final until the decision is received and filed by the Planning Commission. Written determinations on alcohol related permits, made by the Director of Planning and Building Safety, shall be placed as receive and file items on the next available agenda of the City Council. Any City Council member may request that an item be set for a formal public hearing before the City Council in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the City Council. SECTION 22. Section 20.74.040 of Chapter 20.74, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.74.040 AUTHORITY TO GRANT A CONDITIONAL USE PERMIT. The Planning Commission may grant a Conditional Use Permit upon application for such uses allowed by this title other than for alcohol sales at bars. The authority to approve Conditional Use Permits for alcohol sales at bars rests with the City Council. The Planning Commission shall conduct a public hearing for any Conditional Use Permit application for alcohol sales at bars and make a recommendation to the City Council, whose decision is final. SECTION 23. Section 20.74.060 of Chapter 20.74, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.74.060 CONDITIONAL USE PERMIT FINDINGS. A. Before a Conditional Use Permit may be granted, it shall be found: That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located; 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 health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, That the proposed conditional use will comply with each of the applicable provisions of taus chapter. B. Before a Conditional Use Permit may be granted for the sale of alcohol, it shall be found that: 1. The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; 2. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located; 3. The proposed use is consistent and compatible with the purpose of the zone in which the site is located; 4. The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, 5. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. N 024 SECTION 24. Section 20.74.112 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.112 CITY COUNCIL HEARING PROCEDURE FOR ALCOHOL SALES. Within 40 calendar days following the termination of the proceedings of the Planning Commission public hearing, the City Council shall conduct a duly advertised public hearing on the matter and review the Planning Commissions recommendations. Public notice shall be given as provided in Chapter 20.90, Procedures for Hearings, Notice and Fee. SECTION 25. Section 20.74.115 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.115 ALCOHOL SALES DECISION - ANNOUNCEMENT. The City Council shall announce its decision by resolution not more than 40 calendar days following the termination of proceedings of the hearing. SECTION 26. Section 20.74.117 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.117 ALCOHOL SALES - NOTICE OF DECISION. Following the adoption by the City Council of a resolution ordering action on a Conditional Use Permit for alcohol sales at bars, one copy of the resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file. SECTION 27. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 28. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this ATTESTED. Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM / " v City Att rney day of 1995. Carl Jacobson, Mayor of the City of El Segundo, California FA -348 ORD 025 RESOLUTION NO. 2368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECObIlV1E LADING APPROVAL OF ENVIRONMENTAL ASSESSMENT NO EA-348 AND ZONE TEXT AMENDMENT 94 -1, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE) RELATED TO THE SALE OF ALCOHOL, ALL OF WHICH ARE COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010; and WHEREAS, on December 1, 1992, the City Council certified, pursuant to law, a Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, and WHEREAS, on February 23, 1995, the Planning Commission did hold, pursuant to law, a public workshop to review revisions to the Subdivision and Zoning Codes, including revisions affecting the sale of alcohol, and WHEREAS, on July 10, 1995, the City Council did conduct, pursuant to law, a Quarterly Update of the Subdivision and Zoning Code and directed staff to amend the Zoning Code to implement changes in State law; and WHEREAS, on September 14, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on revisions to the Zoning Code related to the sale of alcohol, and notice 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 or against EA -348 and ZTA 94 -1, the revisions to the Zoning Code related to the sale of alcohol; and WIIEREAS, at said hearing the following facts were established: Consistent with State law, the sales of alcohol may be more strictly regulated by the City and these changes can be incorporated into Title 20 of the El Segundo Municipal Code. 2 The current Zoning Code does not address the sale of alcohol in all zones NOW THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed Environmental Assessment EA -348 and ZTA 94 -1, the Planning Commission finds as follows The proposed Zone Tent Amendment is consistent with the 1992 General Plan. The City Council previously adopted EA -275 and Ordinance No 1189 certifying a Final 026 Environmental Impact Report on December 1, 1992 for the 1992 General Plan finding that the Final EIR was a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. The proposed changes in the Zoning Code are not separate independent land -use actions. They are changes contemplated merely to implement the General Plan. There are no changes in the land -use designations or floor area ratios Therefore, they are not likely to create any environmental impacts not already considered by the General Plan Final EIR. 2. The Planning Commission hereby determines that the project is covered by the previously certified Environmental Impact Report and the General Plan Program EIR adequately describes the proposed project for the purposes of complying with the California Environmental Quality Act (CEQA) 3. 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 wildlife depends. 4. That within 10 days following the date of adoption of this resolution, the City shall file a De Mimmus Finding with the County of Los Angeles Recorders Office, pursuant to AB 3158 and the California Code of Regulations and shall file a Notice of Exemption, pursuant to the California Environmental Quality Act. Until appropriate notices are filed with the County of Los Angeles, the project shall not be deemed to be vested and no permits may be issued NOW THEREFORE BE IT FURTHEii. RESOLVED THAT the Planning Commission hereby recommends approval of EA -348 and ZTA 94 -1 and that the City Council adopt changes to the El Segundo Municipal Code as follows SECTION 1. Section 20 31.020 A of Chapter 20.31, Title 20 of the El Segundo Municipal Code is amended to read as follows A Retail uses providing sales (excluding off -site alcohol sales) and services; SECTION 2. Section 20.31.030 of Chapter 20.31, Title 20 of the El Segundo Municipal Code is amended to read as follows 2031030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B. The off -site sale of alcohol at retail establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 3. Section 20 31.040 A. of Chapter 20.31, Title 20 of the El Segundo Municipal Code is amended to read as follows• A On -site sale and consumption of alcohol at bars, SECTION 4. Section 20.32 020 A of Chapter 20 32, Title 20 of the El Segundo Municipal Code is amended to read as follows A Neighborhood - serving commercial uses, including, but not limited to, retail sales (excluding off -site alcohol sales), SECTION 5 Section 20.32.030 of Chapter 20.32, Title 20 of the El Segundo Municipal Code is amended to read as follows- 20.32030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B The off -site sale of alcohol at retail establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations 2 027 SECTION 6 Section 20.32 040 A of Chapter 20.32, Title 20 of the El Segundo Municipal Code is amended to read as follows A On -site sale and consumption of alcohol at bars, SECTION 7. Section 20.33.020 A. of Chapter 20 33, Title 20 of the El Segundo Municipal Code is amended to read as follows A Retail uses (excluding off -site alcohol sales), SECTION S Section 20 33 030 of Chapter 20.33, Title 20 of the El Segundo Municipal Code is amended to read as follows 20 33.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at retail establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 9 Section 20 33 040 A of Chapter 20.33, Title 20 of the El Segundo Municipal Code is amended to read as follows• A On -site sale and consumption of alcohol at bars, SECTION 10. Section 20 34 030 of Chapter 20 34, Title 20 of the El Segundo Municipal Code is amended to read as follows. 20.34 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at limited support service retail establishments as an accessory use, and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 11. Section 20.34 040 A. of Chapter 20.34, Title 20 of the El Segundo Municipal Code is amended to read as follows: A On -site sale and consumption of alcohol at bars, SECTION 12 Section 20.36 020 H of Chapter 20.36, Title 20 of the El Segundo Municipal Code is amended to read as follows• H Retail (excluding off -site alcohol sales) and wholesale sales and service, SECTION 13 Section 20.36.030 of Chapter 20.36, Title 20 of the El Segundo Municipal Code is amended to read as follows 20 36 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B The off -site sale of alcohol at retail establishments, C Light industrial uses, and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations 3 028 SECTION 14. Section 20.36 040 A. of Chapter 20.36, Title 20 of the El Segundo Municipal Code is amended to read as follows: A On -site sale and consumption of alcohol at bars; SECTION 15. Section 20.40 030 of Chapter 20 40, Title 20 of the El Segundo Municipal Code is amended to read as follows: 20 40 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B The off -site sale of alcohol at limited support service retail establishments as an accessory use, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 16 Section 20 41.030 of Chapter 20 41, Title 20 of the El Segundo Municipal Code is amended to read as follows: 2041030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B The off -site sale of alcohol at limited support service retail establishments as an accessory use, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 17 Section 20.42 030 shall be added to Chapter 20.42, Title 20, of the El Segundo Municipal Code to read as follows- 2042.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B. The off -site sale of alcohol at permitted retail accessory establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 18. Section 20.43.030 shall be added to Chapter 20.43, Title 20, of the El Segundo Municipal Code to read as follows: 20.43 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, B. The off -site sale of alcohol at permitted retail establishments; and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SECTION 19. Section 20.44 030 shall be added to Chapter 20 44, Title 20, of the El Segundo Municipal Code to read as follows 20.44 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes, 4 029 B The off -site sale of alcohol at retail establishments, and, C Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations. SECTION 20. Section 20.72.045 shall be added to Chapter 20.72, Title 20, of the El Segundo Municipal Code to read as follows 20 72.045 FINDINGS FOR APPROVAL OF ALCOHOL SALES Before an administrative use permit may be granted, it shall be found that• A The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant, B There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located; C. The proposed use is consistent and compatible with the purpose of the zone in which the site is located; D The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, E Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. SECTION 21 Section 20.72.060 of Chapter 20 72, Title 20 of the El Segundo Municipal Code is amended to read as follows- 2072.060 PLANNING COMMISSION REVIEW Written determinations on non - alcohol related permits, made by the Director of Planning and Building Safety, shall be placed as receive and file items on the next available agenda of the Planning Commission Any Planning Commissioner may request that an item be set for a formal public hearing before the Planning Commission in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the Planning Commission Written determinations on alcohol related permits, made by the Director of Planning and Building Safety, shall be placed as receive and file items on the next available agenda of the City Council. Any City Council member may request that an item be set for a formal public hearing before the City Council in the manner prescribed in Chapter 20 90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the City Council. SECTION 22. Section 20 74.040 of Chapter 20.74, Title 20 of the El Segundo Municipal Code is amended to read as follows- 20.74.040 AUTHORITY TO GRANT A CONDITIONAL USE PERMIT. The Planning Commission may grant a conditional use permit upon application for such uses allowed by this title other than for alcohol sales at bars The authority to approve conditional use permits for alcohol sales at bars rests with the City Council. The Planning Commission shall conduct a public hearing for any conditional use permit application for alcohol sales at bars and make a recommendation to the City Council, whose decision is final. SECTION 23. Section 20.74 060 of Chapter 20 74, Title 20 of the El Segundo Municipal Code is amended to read as follows 030 20 74 060 CONDITIONAL USE PERMIT FINDINGS A Before a conditional use permit may be granted, it shall be found: That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located, 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 health, safety or welfare, or materially injurious to properties or improvements in the vicinity, and, 3. That the proposed conditional use will comply with each of the applicable provisions of this chapter B Before a conditional use permit may be granted for the sale of alcohol, it shall be found that: 1 The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; 2. There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located; 3 The proposed use is consistent and compatible with the purpose of the zone in which the site is located, 4 The proposed location and use and the conditions under wluch the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, 5 Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for SECTION 24. Section 20 74.112 shall be added to Chapter 20 74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.112 CITY COUNCIL HEARING PROCEDURE FOR ALCOHOL SALES. Within 40 calendar days following the termination of the proceedings of the Planning Commission public hearing, the City Council shall conduct a duly advertised public hearing on the matter and review the Planning Commissions recommendations. Public notice shall be given as provided in Chapter 20.90, Procedures for Hearings, Notice and Fee SECTION 25. Section 20 74 115 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows- 2074115 ALCOHOL SALES DECISION - ANNOUNCEMENT The City Council shall announce its decision by resolution not more than 40 calendar days following the termination of proceedings of the hearing SECTION 26. Section 20.74117 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20 74.117 ALCOHOL SALES - NOTICE OF DECISION Following the adoption by the City Council of a resolution ordering action on a conditional use permit for alcohol sales at bars, one copy of the resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file 6 031 PASSED, APPROVED AND ADOPTED this 14th day of S®tember. 1995. ! OPA INVIN Laurie B Jester, S6%etary of the Planning Comnussion of the City of El Segundo, California VOTES: Leon- Aye Crowley - Aye Mahon - Aye Yeagley - Aye Palmer - Aye Go don on, Chairman of the Planning Commission of the City of El Segundo, California EA -348 -2 RES 032 Commissioner Palmer asked about the concern of Kilroy that the CUP process would give them and other concerned people the right to get involved Ms Jester stated Kilroy as well as a couple dozen companies in town received copies of all of the Planning Commission Agendas, and anybody can receive copies who provides self - addressed stamped envelopes. It is also posted throughout City Hall and the Library. Commissioner Yeagley agrees with leaving light industrial as an AUP, although he tends to lean toward allowing it a nghtof -zone He stated that the Green Line is already there and that the zone was really changed for the benefit of the Green Line One of the comments made by the public about the City having a vision and making that vision public and very clear would help We are trying to establish here, without knowing that vision, which way the City is going. We are trying to guide it with no direction on what our objective or goal is He would tend to go with the high -tech as a right-of-zone There are already many high -tech industries Commissioner Mahon moved that we concur with staffs recommendation not to MOTION allow high -tech industrial in the MU Zone as a permitted use, but rather leave it as is currently required where the applicant needs to go through the AUP process Commissioner Palmer seconded Motion passed 3-0 Chaulrran Leon and Vice- Chair Crowley returned to the dais Chairman Leon presented the next order of business, the permitting of on -site and ALCOHOL SAUS off-site sales of alcohol in commercial and industrial zones. Ms Jester presented the staff report in summary as presented in the Agenda packet. Vice-Chair Crowley asked what the population figures are based on? Ms Jester stated 1990 census residential populations in accordance with the ABC regulations. Vice-Chair Crowley stated the statistics are based on a law written for South Central Los Angeles after the Rodney King riots There were many liquor stores in South Central, with no law to regulate how many new liquor stores were put it. Police reporting districts are very large areas, but for El Segundo they are very small areas The whole City of El Segundo is probably much smaller than any of the Los Angeles Police Department's reporting areas. We are dealing with a different means of calculating statistics The average in the County probably has as much population during the day as at night In El Segundo, we probably have four tunes as many people in the day as we have at night Many of the alcohol sales are to people that are here for day only, but we don't get to count them. Using this method as dictated by the state legislation, we can only use the nighttime population as a basis for our statistics Chairman Leon suggested running through the text in the packet and if there are any comments on any passage, we will stop and discuss the issues as we come to them Commissioner Mahon mentioned there are two redline changes that relate to the high -tech industrial Ms Jester stated we did a clean version for the resolution and none of the MU is in the resolution The redline was for the Commission's information so they could see the differences Ms Jester stated there is no public left in the audience at this time for comments Vice -Chair Crowley stated in Section 20 31.020.A, alcohol means alcoholic beverages and off -site sales means sale of alcohol for off -site consumption Commissioner Palmer stated she has no problem with the wording Commissioner Palmer stated that in Section 20 31.040.A, the word "bar" may be too narrow for places that might want on -site sales, for example, a car wash Ms. Jester stated the ABC has very specific requirements as what is classified as a restaurant and a bar It is based on the percentage of sales You have to have a certain percentage devoted to food for it to be a restaurant Commissioner Palmer questioned Section 20.34 030 B, regarding the wording "accessory use." Ms Jester stated that this is language right out of the Code. Commissioner Yeagley asked regarding Section 20 40 030.A, what is the definition of delicatessen Ms Jester stated the way the Code is currently written that it would be classified as a restaurant and you would need an AUP Commissioner Palmer commented on Section 20 72 045. A. The paragraph "unless it can be found that the public convenience or necessity would be served by the issuance of the alcohol license" should be taken out. This section is strong enough as it stands without that clause Ms. Jester stated this is straight out of the State Code Vice-Chair Crowley stated that this phrase is wide open to interpretation Ms Jester stated that if you delete this section, then you are saying if there is undue concentration, you cannot have any alcohol sales Mr Hensley stated that the ABC must deny the license if there is undue concentration in a particular area and refer that 09 -14min PC 8 033 application to the City for a determination about whether the public convenience or necessity would be served by the issuance of the license The process is set up that way by State law. This is the standard the City has to apply with respect to those applications. Commissioner Palmer stated that if the state feels there is an undue concentration, why would we want to come up with an exception to allow it in? Ms. Jester stated the way that our reporting districts are set up, the Police Station is within a reporting district that includes a large part of the downtown area The Police Station, Reporting District 106, has 71% more crimes than the average. We don't really have that many trines in the downtown area, but anybody that stumbles in off the street into the Police Station is reported in that district If the Police pick somebody up from out of town that committed a trine anywhere in the United States, the reporting district that it is reported at is the Police Station. It looks like there are many crimes downtown, but there really aren't We just have a Police Station Commissioner Palmer disagrees with this argument Commissioner Palmer stated at the very m,mmum the words "or necessity" should be taken out, there being no "necessity" for the sale of alcohol anywhere Ms Jester stated an example would be a florist shop that sells flowers with a bottle of wine Chairman Leon stated that the state law has prescribed this language, and the purpose is so the City has some recourse to control its own destiny and does not have it legislated by the state about what we can and cannot do Mr. Hensley stated the state has set up a system where these applications go to the ABC and if denied, they come to the City When it comes to the City, that is the determination you have to make about whether there is public convenience or necessity If the Commission or Council feel we don't find any necessity or public convenience and deny it, they have that right Chairman Leon asked if this language is the language that must be used? Mr Hensley stated you can change the language, but most likely the state will object, this is what the state is mandating Chan-man Leon asked if we should choose some other language might that open us up to legal challenge? Mr Hensley stated if you stray from this language, you will have a number of issues with the ABC trying to figure out how they will process these since you vaned from State law Chairman Leon asked how much of this language does this apply to, ,lust paragraph A? Mr Hensley stated A and B C, D, E, and F have been drafted by staff. Commissioner Palmer doesn't have a lot of concerns for the sub - bullets of A. Vice-Chair Crowley stated that applying the State law to our City with our reporting districts can come out with some funny looking numbers It looks like the northwest quadrant of the City where all the restaurants are would be where most of the alcohol licenses are concentrated In the rest of the City, there are only four licenses for off-site sale The language in 20 72 045 A.1, A.2, A.3 really doesn't fit this City We are dealing with very small statistics in El Segundo compared to a city like Los Angeles Commissioner Mahon stated we are a victim of the statistical process and have no way of getting around this, except with "public convenience or necessity" language You can count on us having undue concentration issues more often than most, but we can temper that with a look at the real world and the application in front of the City and make a decision based on public convemence or necessity He agrees with this language being in the section and feels it works for the City Chairman Leon stated the only way we can approve an establishment with alcohol sales in the City is to do it by public convenience or necessity By definition, we have higher than the ratio for Los Angeles County for both on- and off -site. There is only one remedy for being able to increase the number of restaurant establishments in the City and that is public convenience or necessity findings Ms Jester stated restaurants and hotels are one of the exclusions from the public convenience and necessity findings. Vice-Chair Crowley stated that if you wanted to put a 7 -11 in, you probably wouldn't do it if you couldn't sell beer. You couldn't put it anywhere along the west side of Sepulveda other than on the Chevron property. On the east side of Sepulveda, the statistics would allow it as you get near Imperial but there is no site available in that area Looking at the map with the underlines on it, the numbers that are underlined are the zones where they have a 20% higher crime rate There are not many places where you're not going to run into the State's rule. Commissioner Yeagley stated that pure residential areas are 66% higher than the average crime over on the west side of Imperial Vice -Chair Crowley stated the language "public convenience or necessity" will not make any existing establishments go away, it may chase away some people who might want to locate here It may have a severe impact on business on Main Street He stated that before an ALT can be granted, the language states '4t shall be found that all these criteria are met " Commissioner Mahon stated the AUP has the appeal process 09 -14min PC 9 034 Ms. Jester stated this would be a new process which would be received and filed by the City Council instead of the Planning Commission Cha,*,nan Leon asked how restaurants are excluded? Ms Jester stated that they are excluded from the State ABC public convenience or necessity requirements They would not be excluded from our local zoning code public convenience or necessity requirements because we have added it to the Administrative Determinations. Chairman, Leon stated that the Administrative Determinations say "before it can be granted," etc, and then there are some stipulations that no one can pass except this public convenience or necessity that basically gives no guidance to anybody Ms Jester stated that an example would he the Chevron gas station on Main and Grand wanting to sell beer and wine to go The Council said they could not make the findings of public convenience or necessity, with Thrifty, the grocery store and the liquor store a block away. Chairman Leon asked if there were any definitions or are we dust leaving it open to the Council? Ms Jester stated it is up to their discretion Mr Hensley stated there will be a duel process with ABC running its own application process If there is an undue concentration with respect to other than on site sales, A will come to the City for the determination of whether you want to find there is necessity or public convenience. ABC almost exclusively controls the on -site sales by having the hearing and making its own determination of necessity These are consistent with the ABC provisions, and also you have discretion with respect to land use and consistency with other adjacent uses Ms. Jester stated the intent is to avoid two processes. Commissioner Mahon asked if the ABC approves an application for on -site sale of alcohol at a restaurant, are we creating language that still provides the City with the ability to say no Mr Hensley feels there are some further revisions needed to make it clear as far as the Citys role in this process. As part of the land use entitlement process, you have controls as to where to allow retail sales and alcohol sales He recommends we bring this back at the next meeting Comm,.ss,oner Mahon asked if the ABC says no, will we still have the opportunity to say yes if we can make certain findings? Mr Hensley stated yes, in most cases Commissioner Mahon asked if the ABC says yes, do we have the ability under certain circumstances to say no? Mr Hensley stated you have the right to say it is not consistent with other uses based on the normal AUP findings Vice-Chair Crowley stated that items B, C, D, E and F look like good criteria Chairman Leon stated the public convenience or necessity does not offer any guidance to either the businesses or the Council in whether they will allow or not allow a license. In areas where we are granting variances where there are specific findings that need to be made, and although there is some range of interpretation that can get made, it does prescribe a certain way of looking at the problem so you can be fair With the public convenience or necessity, it can open us up to legal action from either the business owner or the Council because there is no direction as to when a bar is needed for public convenience or necessity Vice-Chair Crowley stated that if the City Council doesn't act in a consistent manner and give some rational and follow it, this could open us up to legal action as well Mr Hensley stated you could find there is no necessity or convenience and the business could file a writ of mandate action with the court stating it believes the City erroneously concluded there was no necessity or convenience Commissioner Mahon stated the application must be consistent with the allowed land use before applying to ABC for the license Then the ABC decision is based on crime and concentrations Mr Hensley stated the City has the land use decision process If the ABC denies an application for reason of undue concentration, it will come back to the City for the convenience or necessity findings Mr Hensley stated whenever any party is applying for a license, the Commission has the right to protest and be involved in the ABC process Chairman Leon stated that Section 20 72 045, Findings for Approval of Alcohol Sales, is going to be rewritten Mr Hensley stated he will make it consistent with the law and what you can't make decisions on will be made clear Vice-Chair Crowley stated all of the sub - bullets of Section 20 74 060A are redundant with the sub - bullets of Section 20 74 060 B Chairman Leon stated Section B speaks ,lust to on -site sale of and consumption of alcohol, whereas Section A has to do with Conditional Use Permits for just about anything including alcohol, so it doesn't need to be restated. Ms Jester stated it is slightly different language taken from the purpose section Sections 1 and 2 are the same 09 -14min PC 10 035 as in the AUP where it is part of the ABC language which Mr Hensley will work on. Vice -Chair Crowley stated the AUP findings didn't have the first three findings so there was no redundancy He stated Section 20 72 030 may be repeated in 20 74.060 for AUP s Ms Jester stated that the section on AUPs is not clear and it should be rewritten since there are no findings listed for approval of an AUP. Chairman Leon stated there should be some symmetry between these two sections and eliminate the redundancy. Commissioner Mahon asked regarding Section 20.72 060 if there are any Administrative Determinations not in writing with respect to uses? Ms Jester stated that most are logged in a book. Chairman Leon moved that we adopt Resolution 2365 with the following changes MOTION The AUP section will be modified such that it better defines the areas where the City is responsible versus where the City is not responsible, and that the language for the AUP and CUP becomes consistent. Also, that the redundancy associated with Section A in 20 74.60 be reduced Commissioner Mahon seconded with the modification that the reduction be to Section B, not to Section A. If you limit Section A, you haven't covered conditional permits in general Resolution adopted 5-0 Chairman Leon presented the next order of business, residential R -1 and R.2 IL1 AND R.2 subdividable lots and the development potential of 25' wide lots SUBDIVIDABLE LOTS Ms. Jester presented the staff report in summary as presented in the Agenda packet Mr Hensley stated that before 1977 there was the allowance for automatic merger of parcels Since that tune, these provisions have been repealed with the inability to force an automatic merger unless there are parcels that are adjacent to one another owned by the same owner before that tune. This doesn't seem to be the case looking at the addresses We can check further into this matter Chairman Icon asked if there was any public discussion No one came forth PUBLIC CONIlVi MWS Commissioner Mahon stated that the Planning Commission was concerned about people's ability to split lots. Certain lots could be split to less than the m,mmum of 50' wide because they were grandfathered Also the development standards as they apply to R-1 perhaps create an intensity of development that is too high when applied to 25' wide lots. Do we want to continue to allow these grandfathered lots to have the ability to subdivide to less than 50' wide? Also, on 25' wide lots, do we want to come up with a separate set of development standards that would apply to these lots? When this went to the City Council, there was a general concern about the level and potential for development He doesn't remember discussing forcing lot mergers That would be a harsh solution He would be open to discussing some different development standards for 25' wide lots and the grandfathered lots that could be subdivided to less than 50' wide Vice -Chair Crowley stated given that any new lots in town have to be 50' wide, it makes a distinct impact on a neighborhood if you create many skinny lots without much frontage We have talked about planning principles involving how much of the house is facing the street versus how much is hiding behind a garage door, and some changes will be made in that regard Looking at the list of the lots that are stall available to subdivide, most can go to two lots with a couple going to three lots There is stall the option of taking the wide lot, merging it with its neighbor and then subdivide the two parcels He stated that there is one on the list that is 79 3' wide which, under the current rules, shouldn't be able to subdivide unless it has some special grandfather clause If it is a corner lot, we could easily do three 50' wide lots if you fronted them on the other street Commissioner Mahon stated if you take away the grandfathering, then you take someone's ability to split into three lots to two lots, and also you would take away some people's ability to subdivide at all Ms Jester stated this was correct Commissioner Palmer stated perhaps we could add a sunset clause She feels there would be less community concern if everyone would be notified and know their time limits Commissioner Mahon asked why this grandfathering has gone one Ms Jester stated that at the Zoning Code hearings, it was discussed extensively by the Commission and they recommended we do away with those sections It went to Council and was debated back and forth, and finally was decided to retain those sections Commissioner Mahon stated he favors a liberal amount of time with a maximum amount of notice Commissioner Palmer stated you could have the sunset clause only apply to the current owners Vice -Chair 09 -14min PC 11 036 EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Approval of Amendment No 2 to a Lease Agreement between the City and Project One -Fifty to ensure current and future uses of the North Village Shopping Center at 150 S Sepulveda Boulevard are consistent with the current parking requirements of the Zoning Code Required parking to be located off -site on the adjacent City owned lot currently leased to Project One -Fifty RECOMMENDED . Authorize the Mayor to execute Lease Amendment No 2 and to approve any subsequent Compliance Agreements without further Council action INTRODUETION AND BACKGROUND: This item was continued from the October 3, 1995 City Council meeting at the request of the Council The proposed Lease Amendment No 2 is a mechanism to ensure compliance with the current parking requirements of the El Segundo Municipal Code The required off -site parking will be on the City owned lot currently leased to the owners of the North Village Shopping Center in which a restaurant, Thai Dishes, wishes to expand The term of the proposed Lease Amendment No 2 will be concurrent to the original ten year Lease Agreement The Lease Amendment No 2 will allow the expansion of the business while protecting the City's flexibility in the future use of the lot After the expiration of the Lease Agreement, Thai Dishes will have to provide alternative off -site parking or convert to a retail food -to -go use On September 20, 1994, the City entered into a Lease Agreement with Project One -Fifty to lease the vacant triangular lot on the southeast corner of Sepulveda and El Segundo Boulevards for a term of ten (10) years The Lease Agreement was subsequently amended on January 17, 1995 (Lease Amendment No 1) to extend the term of the Lease by four (4) months The Lease Agreement allows the construction of a parking lot for overflow parking for the North Village Shopping Center at 150 S Sepulveda Boulevard, which has been operating with a parking demand that has far surpassed the 24 on -site parking spaces approved for the site for its retail and restaurant tenants. The new 48 space parking lot is currently usable and almost completed In 1983, the Planning Commission approved the development of the North Village Shopping Center with only 25 parking spaces instead of the 32 required at the time, because several required Caltrans dedications had taken portions of the property for future street widening In 1987, the City allowed the installation of a new driveway which reduced the number of on -site parking spaces to 24 (Continued on next page ATTACHED SUPPUM 1 Copy of Lease Amendment No 2 prepared by the City Attorney's office 2 Copy of Lease Amendment No 1, dated January 17, 1995 3 Copy of original Lease Agreement, dated September 20, 1994 4 Parking Analysis for North Village Shopping Center, dated October 30, 1995 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget Amount Requested: None ProjectfAccount Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No Date: LE. �-UA I A5 Laurie B Jester, enior Planner Date: /l- Z_ a s W Morrison, City Manager 037 DISCUSSION CONTINUED The proposed Lease Amendment No 2 to the Lease Agreement is required because the proposed expansion of the Thai Dishes restaurant would increase the total required parking for the center by twelve (12) parking spaces, since restaurants require more parking than the retail and food -to -go uses that previously occupied the spaces The total required parking for the shopping center would no longer be met by the 24 on -site parking spaces Thus, the additional required spaces must be located off -site The purpose of the original Lease Agreement was to provide surplus parking to accommodate the extra parwng demand for the center, particularly since the 11 overflow spaces in the Caltrans right -of -way will be eliminated when Sepulveda Boulevard is widened Without Lease Amendment No 2, there would be no protection for the City to ensure that when the Lease Agreement expires for the parking lot that Thai Dishes would lose their required parking and would have to find another location for their required parlong or cease operations in the area of the expansion The Lease Amendment No 2 also provides injunctive relief if Project One -Fifty violates the City's parking requirements after the expiration of the original Lease Agreement Language has also been added to Lease Amendment No 2 to allow for other retail space to be converted to uses which require additional parking as long as there is sufficient parking in the City owned new parking jot If the Lease Amendment No 2 is approved, the total required parking for all the tenants will be 68 spaces As there are now 72 parking spaces for the center, there will be a surplus of four (4) parking spaces if other tenants need additional required off -site parking The inclusion of this language is intended to streamline the approval process for future tenants who may require additional parking on the leased parking lot On October 3, 1995, the Council requested additional information about the layout of the new parking lot and the parking demand at lunch time In accordance with the approved building plans, the standard size parking spaces have been striped to be 9' wide by 18' deep and compact spaces are 8 5" wide by 15' deep The standard size spaces are 6 inches wider than required by the current Zoning Code and the compact spaces are 1 foot wider While only 5% of the leased parking area is required by the current Zoning Code to be landscaped, 7% of the parking area is landscaped All of the landscaping has been installed, although some slight modifications will be required A second phase of parking which will add 17 more spaces is also proposed Observation of the new parking lot on October 5, 1995 indicated that at 12 30 P M there were 30 cars using the new 48 spaces parking jot, with the existing 24 space lot also in full use Vehicles are still parking in the Caltrans right -of -way in front of the center, which is causing some circulation problems for the shopping center These spaces are required to be eliminated as part of the construction of the new parking lot, and access to these spaces will be physically restricted prior to finalization of the building permit Additionally, the City redesignated this property as Parking in the Land Use Element of the 1992 General Plan to allow parking as a permitted use Staff believes that the new parwng lot will provide sufficient parking for the shopping center with the expanded Thai Dishes restaurant at peak lunch time periods 11- 17brnt ais 038 L0*1 Wiw 4 23 (, 3 e RECORDED REQUESTED BY: City Attorney City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 WHEN RECORDED MAIL TO: City Attorney City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 AMECbmTP TO LEASE AGREII (NO. 2 ) This LEASE AMENDMENT ( "AMENDMENT No. 2 "), is made and entered into this day of , 1995 by and between the CITY OF EL SEGUNDO, a municipal c� orporation, ( "Lessor ") and PROJECT ONE - FIFTY, a California general partnership ( "Lessee "), with respect to that certain LEASE AGREEMENT, entered into by and between the Lessor and Lessee, dated September 20, 1994, recorded with the Los Angeles County Recorder's Office as document No. 94- 2014838 ("Lease"), and AMENDMENT TO LEASE AGREEMENT, dated January 17, 1995, ( "Amendment "). WHEREAS, THAI DISHES, one of Lessee's tenants at 150 S. Sepulveda Boulevard, E1 Segundo ( "Premises "), seeks to expand its restaurant operations thereby necessitating additional parking pursuant to the E1 Segundo Municipal Code; and WHEREAS, there is insufficient on -site parking to meet the additional parking requirements generated by the expansion of THAI DISHES; and WHEREAS, the "Leased Property" (as this term is used in the Lease), was intended to provide off -site parking for the commercial center in which THAI DISHES is located; and WHEREAS, there are only 24 parking spaces provided on the Premises and the Leased Property provides another 48 spaces for the term of the Lease; and WHEREAS, the current uses of the Premises and the proposed expansion of Thai Dishes would require a total of 68 parking spaces; and WHEREAS, the parties acknowledge that for the term of the Lease there is a need to provide a mechanism to ensure that the 039 businesses located on the Premises comply with the parking requirements of the El Segundo Municipal Code. NOW THEREFORE, acknowledging the valuable consideration and the mutual promises given by the parties hereto, the parties agree to amend the Agreement and Amendment thereto by adding paragraph 20 to the Agreement, as follows: 1120. Camliance With City of El Seaun o Parking Ordi_nfin= The Lessee shall not allow uses on the Premises which would cause violations of parking requirements set forth in the El Segundo Municipal Code. The Lessee hereby agrees that should the uses(s) of the Premises be in violation of said parking ordinance the City shall be entitled to injunctive relief against the Lessee and/or any occupants of the Premises whereby the City would be entitled to enjoin any use of the property which cause the above described violation(s). Lessee further agrees and acknowledges that any applicant for a business license who seeks to use the Premises, including without limitation the current applicant Thai Dishes, which will cause the total parking requirements on the Premises to exceed 24 spaces or which files an application when the total number of required parking spaces for the Premises exceeds 24 spaces, shall execute an agreement in the form attached hereto as Exhibit A. This provision is not intended to, nor does it, make any user of the Premises or the Leased Property a party or third party beneficiary to the Lease. This provision is only a mechanism for ensuring compliance with the parking requirements of the El Segundo Municipal Code." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the day and year first above written. ATTEST: City er 2 LESSOR: CITY OF EL SEGUNDO, a municipal corporation By: Mayor 040 LESSEE: PROJECT ONE - FIFTY, a California general partnership By- Partner ner By: Partner APPROVED AS TO FORD -� City ttorney jo n Vgceercn \Sx t 02 3 041 Exhibit A Agreement re Compliance With E1 Segundo Parking Ordinance This agreeement is entered into this day of and between the City of El Segundo ("may") and ( "Applicant") . 19_, by WHEREAS, Applicant seeks a business license from the City for purposes of operating a at 150 S. Sepulveda Boulevard, E1 Segundo ("Premises"); an WHEREAS, such use is required to provide parking spaces pursuant to e Segundo Municipal Code; WHEREAS, the proposed use will either cause the total number of parking spaces required by the E1 Segundo Municipal Code for the Premises to exceed 24 or the total number of parking spaces required for the Premises already exceeds 24 spaces; and WHEREAS, the City previously on September 20, 1994 entered into a Lease Agreement ( "Lease ") with the owner of the Premises for purposes of providing more parking spaces for the Premises. The Lease was recorded as document No. 94- 2014838 with the Los Angeles County Recorder's Office. The lease was subsequently amended _ times on respectively; and WHEREAS, the City and Applicant intend to allow Applicant to operate its proposed budiness on the Premises, but only for so long as the Lease is in effect or other suitable parking which meets the requirements of the E1 Segundo Municipal Code is in place. NOW THEREFORE, acknowledging the valuable consideration and the mutual promises given by the parties hereto, the parties hereby covenant and agree as follows. 1. R;aht to Overate Business. City and Applicant agree that Applicant shall only be allowed to operate its business as described above on the Premises for so long as the Lease is in effect, unless the Applicant within 30 days of the termination of the Lease procures other suitable parking which meets the requirements of the El Segundo Municipal Code, as amended from time to time. Applicant understands that the Lease term will expire on unless it is extended by the City and owner of the remises: Applicant also understands that the Lease could be terminated earlier if the owner of the Premises breaches the Lease or as otherwise set forth in the Lease. 2. Injunctive Relief. the Lease be terminated and parking which satisfies the Municipal Code within 30 days Jo n \Agrearen\8r t M2 Applicant hereby agrees that should Applicant is unable to find other requirements of the E1 Segundo of the termination of the Lease, City 042 shall be entitled to injunctive relief against the Applicant whereby the City would be entitled to enjoin any use(s) of the Premises by the Applicant. 3. aWlicant Not a Party to the Lease. Applicant acknowleges that it is not a party or third -party beneficiary to the Lease and is not entitled to any rights thereunder. The references to the Lease herein are for purposes of clarifying Applicant's obligation to have parking which meets the requirements of the City's Parking ordinance. i e wo ii7us: �= nip �Ti� i�[3+S•I�iT ��� �[F. -J7C-7 � Applicant understands that this Agreement relates to Applicant's o liVation to provide for parking and that it does not relieve Applicant of its obligation to comply with all applicable federal, state, and local laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: City er CITY OF EL SEGUNDO, a municipal corporation By: mayor Applicant : By: am�e Title) City Attorney Jo n \Agceenen \Rm t #2 2 043 ___ _......e runrvzPt ACKNOWLEDGMENT State of CALIFORNIA County Of LOS ANGELES On before me, Dam Name am T" d 011 r is Y 'Jana Dw Notary PWIGj personally appeared , N.m.al a, srmnu ❑ personally known to me - OR - C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within Instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(les), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. tun al Notary Pu0A9 OPTIONAL Though the information below is not required by law, d may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document Description of Attached Document Title or Type of Document Amendment to Lease Agreement (No. 2) Document Date Number of Pages -2- Signer(s) Other Than Named Above 2 Partners of Project One -Fifty Capacity(ies) Claimed by Signer(s) Signer's Name- G C ❑ X Individual Corporate Officer Tdle(s), Partner — 0 Limited G General Attomey- in•Fact Trustee Guardian or Conservator OlherA municipal corn. signed by: Signer Is Representing. The City of E1 Segundo, a municipal corporation Lessor RIGHT TMUMSPRWr OF SIGNER • Signer's Name: e■ Al IN Individual Corporate Officer Title(s): Partner — 0 Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other. Signer Is Representing: 0199, Naumal Notary AUaa q - 8276 Aem"i Aw PO eo. 7104 • Camp, Pen OA 91309 71N RIGHT THUMBPRItn —OFSIGNER t Prod No 5907 Na~ c N Tab Fina 1 80D076-6827 044 RECORDING REQUESTED BY CITY ATTORNEY When recorded mail to: CITY ATTORNEY City of E1 Segundo 350 Main Street E1 Segundo, California 90245 (310) 607 -2200 FAX (310) 322 -7137 AMENDMENT TO LEASE I AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this 17th day of January , 1995, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR "), and PROJECT ONE - FIFTY, a California general partnership, (hereinafter referred to as "LESSEE "). WHEREAS, Lessor and Lessee entered into a Lease Agreement dated September 20, 1994, recorded in the Official Records of Los Angeles County, California, #94- 2014838, which Lease Agreement the parties desire to change as to the term thereof NOW, THEREFORE, the parties hereto agree that paragraph 2 of Lease Agreement is amended as follows: TERM The term of the Lease Agreement shall be for a period of ten (10) years, commencing on February 1, 1995 and ending on January 31, 2005. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party. All other terms and conditions of the Lease Agreement dated September 20,1994 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement the day and year first above written. CITY OF EL SEGUNDO 1 / By • ' ATTE�T: �i ,f l Mayor City lerk (seal) PROJECT ONE -FIFTY A California general partnership APPROVED AS TO FORM: ,-cil City At rney AAN:VpiMm�n1{�MaTNd OVOW95 045 RECORDING REQUESTED BY CITY ATTORNEY When recorded mail to: CITY ATTORNEY City of E1 Segundo 350 Main Street E1 Segundo, California (310) 607 -2290 FAX (310) 322 -7137 Z ?� 47S 4. RECO°DEWF'LED rA OUVAL RECORDS RECORDER'S OFFICE p`c1C c/ LOS ANGELES COUNTY ((� / u` ' MIN.g ant. NOV ? 4 PAST 90245 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 20thday of September 1994, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR"). and PROJECT ONE - FIFTY, a California general partnership, (hereinafter referred to as "LESSEE"). WHEREAS, Lessor is the owner of certain real property, legally described below, located on the southeast comer of Sepulveda Boulevard and El Segundo Boulevard, in the City of Ell Segundo, State of California; and WHEREAS, Lessee is the owner of the shopping center commonly known as the North Village Shopping Center, 150 South Sepulveda Boulevard, situated adjacent to Lessors property; and WHEREAS, Lessee is desirous of leasing Lessors property for the purposes of expanding the parking availability for the shopping center. THEREFORE, in consideration of the rental payments•set forth below and the mutual promises made by the parties hereto, it is agreed as follows: WITNESSETH: 1. Promises. Lessor does hereby lease to Lessee and Lessee does hereby hire and take from Lessor certain unimproved property located in the City of Ell Segundo, County of Los Angeles, State of California, consisting of approximately forty one thousand throe hundred forty square feet (41,340), as shwa on Parcel Map No. 17749, recorded to Book 207, Page 58, in the office of the County Recorder of the County of Los Angeles, State of California, (hereinafter referred to as the "Leased Property"), and legally described on Exhibit "A; attached hereto and made a part hereof. 2. Tenn, The term of this Lease shag be for a period of ten (10) years, commencing on October 1, 1994 and ending on September 30, 2004. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party. 3. Rent. Lessee shag pay as rent for said Leased Property, for the term of this Lease, the base rent of Twelve Thousand Dollars ($72,000) per year, payable in twelve (12) equal installments of One Thousand Dollars ($1,000) each on the fast day of eaM calendar month, at the offices of Lessor. On October 1 each year commencing October 1. 1995. the original annual rent of $12,000 shall be adjusted by the percentage increase. N any, of the Consumer Price Index as shag be reflected in the most recent report of consumer prices for the Los Angeles/Long Beach Standard Metropolitan Statistical Area ("CPI") over the CPI for September 1994. The rent shag not be decreased by any decrease in the CPI. Failure on the part Cf the Lesses to pay any payment within three (3) days following written notice to Lessee that the payment was not received when due shag at the election of the Lessor Constitute a complete default of the entire amounts due end payable and shall terminate the lease and the tenenry coated, and upon the ela-tion being so exercised by the Lessor by a written notice sent to the Lessee, this lease shall be considered null and void, in default; and it shall be conclusively presumed that possession has been returned to the Lessor, and said L,Cyl rtACT oa•++sv. 1,. Lessor then shall have the right and privilege to go upon the property without interference from the Lessee. 4. Use. The Leased Property shall be used only for motor vehicle parking. Lessee shall not cause any buildings, structures or signs, except for signs related to parking, to be placed on the Leased Property. S. Improvements end Modifications. Lessee shall fig, grade and pave those portions of said Leased Property as Lessee shall deem reasonably necessary from time to time in order _ to provide sufficient parking for its tenants and shall otherwise improve such portions of the Leased Property as Lessee shall deem reasonably necessary by constructing surface parking, and providing landscaping to shield the westerly boundary of the Leased Property from Sepulveda Boulevard, at the sole expense of Lessee, and In accordance with specifications to be approved by the Lessor's Director of Planning and Building Safety, which approval shall not be unreasonably withheld and shall be rendered on a timely basis. 6. Slans. Lessor retains the right to place a sign on the north side of the Leased Property, or in any other location, as long as it does not interfere with parking. Lessee shall not place any signs on the Leased Property, except a sign identifying the Leased Property as a parking lot for the North Village Shopping Center. 7. Maintenance and Payment of Utilities, Lessee, at its expense, agrees to continuously maintain the asphalt parking surfaces, landscaping and other permitted improvements, including utility services and connections, trash, garbage and debris removal services, and any and all other related services necessary to maintain the Leased Property in good, safe, sanitary condition and repair throughout the tenn of this Lease Agreement, ordinary wear and tear excepted. However, notwithstanding anything to the contrary in this Lease: (a) Lessor shall maintain Lessor's sign in good and attractive condition at its sole expense, and Lessee shall have no obligation with respect thereto; and (b) Lessee shall have no obligation to maintain the subsurface of the Leased Property or to remediate or comply with laws regarding hazardous materials, except with respect to conditions created by Lessee or its agents or employees. With respect to the parking area (the "Retained Lot') located immediately south of the Leased Premises and east of the North Village Shopping Center, as shown on the Exhibit attached to this Lease: () Lessor shag maintain the Retained Lot in a neat and attractive condition and shall properly fence and screen said area from view from the North; and (i) Lessor shall correct the existing runoff condition which is causing rainwater to flow from the Retained Lot unto the North Village Shopping Center and shall prevent any further water damage from being caused thereby. 8. Inoress/Earess. Lessor hereby retains the right of ingress and egress over the Leased Property from the Retained Lot lying southerly of the Leased Property and easterly of the shopping center buildings. 9. Notice of Sale or Transfer of Shopping Center. Upon the sale or transfer of Lessee's ownership of the North Village Shopping Center, Lessee shall immediately notify Lessor at the address provided herein below. 10. Five Parkkw Stags for Adioinino Property Owner. As a condition precedent, Lessee agrees to make available to the adjoining property owner to the Leased Property, Ray Sherwood or his successors, five parking stalls, as selected and designated from time to time by Lessee, at an initial rate not to exceed Six Hundred Dollars ($600) per year, per stag. Such rate shag be increased each October 1 pursuant to the CPI as provided In Section 3 of this Lease. Lessee shall provide to Lessor, a copy of the agreement with Mr. Sherwood, or a letter from Mr. Sherwood Indicating that he does not desire to rent the spaces, within thirty (30) days of the execution of this Lease. 11. Notice of Possessory Interest Sublect to TaxatkWL Lessee recognizes and undenttands that this Lease may create a possessory interest subjsd to property taxation and that tin Lessee shag be liable for the payment of any property taxes levied on such lr West. 12. Hold "811111989. The Lessee agrees to and Shan Indemnify, defend and hold the L.essgr, U Ofters, agents, employees and representatives, harmless from any and an liability for damage or claims for damage for personal injury including death and claims for property damage arising out of the use of the Leased Property, including, but not limited to use by Lessee's agents, wON) r.A1, T `J 047 employees, or other person acting on its behalf or with its permission, but excluding any ads of Lessor or their respective agents, employees or persons acting on their behalf or with their permission. If an agreement is entered into between Lessee and Ray Sherwood or his successors as provided for in paragraph 10 hereof, Ray Sherwood or his successors shah be required to hold both the Lessee and Lessor harmless from any and all liability for damage or Claims for damage for personal injury including death and daims for property damage arising out of the use of the Leased Property, including, but not limited to use by both Lessee's and Lessors agents, employees, or other person acting on their behalf or with their permission, but excluding any ads of either lessee, Lessor or their respective agents, employees or persons acting on their - behalf or with their permission. 13. insurance. Lessee shall procure and keep in effect during the term hereof a combined single limit policy of $1,000,000 for general and property damage liability insuring against liability arising out of use, occupancy or maintenance of the Leased Property. Lessee may self -insure any or all of the above insurance requirement. Lessee shall provide Lessor with evidence of insurance or self- insurance as herein requested. Lessee shall file with Lessor, as a condition precedent to the execution of the Lease Agreement, a certificate or certificates of protective liability insurance as herein required in which the Lessor, its officers, agents and employees, are named additionally insured under the policy. The Lessee shall also furnish evidence of a commitment by the insurer to notify Lessor by registered mail of the expiration or cancellation of the required insurance not less than thirty (30) days before the effective date of such termination. 14. Asslonment and Sublettina. Lessee shall not sublet or assign the whole or any part of the Leased Property without the written consent of the Lessor being first obtained, except as outlined in this Lease Agreement to Ray Sherwood, and/or his successors. 15. Recordina of Lease. This lease shall be recorded with the County of Los Angeles Recorders Office in the records of the Leased Property. 16. DefsulL Failure of Lessee to perform any of its covenants, conditions or obligations under the Lease shall constitute default under the Lease after notice from Lessor and an opportunity to correct or cure such failure and permit Lessor to pursue any of its remedies under law, including but not limited to termination of the Lease. 17. Notices. Any notice hereunder shall be deemed duty served if mailed by certified marl, return receipt requested, addressed as follows: Lessor. CITY OF EL SEGUNDO Attn. City Manager 350 Main Street El Segundo, Cardomia 90245 (310) 607 -2226 FAX (310) 322 -7137 Lessee: PROJECT ONE -FIFTY do Anthony Brent Corporation Attn. Anthony Brent 0665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 (310) 247 -7171 FAX (310) 247 -7172 In each case, the customary certified mail return receipt shall be conchal" evidence of such service. Either party may change its address to which a notice shat be acrd by Oft written notice of such change to the other party as provided herein. 1t! W81ftr The failure of either party to insist on SlAd Compliance V Mlt any Of ttte terms, ewenants or conditions of this Lease Agreement by the other poly shah not be downed a waiver of that term, covenant or condition, nor shag any wahror Cr Mgn*ddvrent of arty ftm or bower at any one time or times be deemed a waiver or relinquishment Of that d9M or PO"W for 01 or any other times. „Gi4 "1nACT o � ,J 048 19. Entire Agreement. This lease contains the final and entire agreement between the parties and contains all of the terns and conditions agreed upon, and no other agreements, oral or otherwise, regarding the subject matter of this lease shall be deemed to exist or to bind the parties, it being the intent of the parties that neither shag be bound by any term, conditions, or representations not written here. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. ATTEST: City (seal) APPROVED AS TO PROJECT ONE -FIFTY STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this 20th day of September 1994, before me, J. O. Abreu the undersigned Notary Public, personally appeared Carl Jacobson — , the Mayor of the City of El Segundo, personally known to me to be the person who executed the within instrument on behalf of the partnership, and therein named, and acknowledged to me that the partnership executed IL WITNESS my hand and official seat. Ol/ICIAL SUL I J, O. ABREU • N (SEAL) ia�ESca r°M"" NOTARY PUBLIC MCw R.wn A" 2L IMI STATE OF CAUFORNIA SS. COUNTY OF LOS ANGELES On this I; day of z1:3 ,4e 1994, before me, �!•.�od��•✓ r the undersigned Notary Public, personally appeared 6� !�- lor�A� and A.vfiSo v,, B,PCnf . Partners of Project One -Fifty, personally or otherwise known to no to be the p one who executed the within Instrument on behalf of the partnership, and Dwain named, and acknowledged to me that the partnership executed IL WITNESS my hand and official seal. 1011, 4 t,ON "t r\A,, f 23(J NOTARY PUBLIC 049 PARKING ANALYSIS FOR NORTH VILLAGE SHOPPING CENTER DATE REQUIRED REQUIRED EXISTING PARKING RATIO PARKING COMMENTS 1983 1/300 s.f. 3200 All retail for 9,827.5 s f center 9/8/83 25 Planning Commission allows reduced parking 3/21/86 24 indoor seats approved by Planning/Lynn Harris for Springers Deli which became Togo's 1987 24 Addition of north driveway reduces parking by one (PC# 1172 -87) 7/26/93 Oriental Dish Catering approved for Chinese take -out & Delivery 4/3/95 Thai Dishes approved for take -out food only 10/16/95 72 Construction of 48 spaces on City property (24 +48) 10/30/95 P \MISCL \THAIDSH WB' ,�W 051 REQUIRED PARKING WITH CURRENT TENANTS Restaurant 1/75 s.f 1607 Togo's - 1205 s f Restaurant 105 s.f. 15.71 Thai Dishes - 1178 s.f. Retail 1/300 s f 2482 Remaining Center - 7444.5 56.59 =58 REQUIRED PARKING WITH THAI DISHES EXPANSION Restaurant 1/75 s.f. 16.07 Togo's - 1205 s.f. Restaurant 1175 s.f. 30.37 Thai Dishes - 2278 s I. Retail 1/300 s f 21 15 Remaining Center - 6344.5 6759 =68 25 Parking spaces required for Thai Dishes conversion and expansion 4 Addtional parking spaces available for use for future tenant expansion (72 -68) 10/30/95 P \MISCL \THAIDSH WB' ,�W 051 TO THE EL SEGUNDO CITY COUNCIL NEEf1NG DATE: Novmftr 7, 1995 AGENDA ITEM STATENENT AGENDA HEADING: CONMTTEES Review of current status of recruitment for candidates for the following commttees/oommssionslboards (" CCBs ") (1) Capital Improvement Program Advisory Committee, (2) El Segundo Community Cable Advisory Committee, (3) Wall of Honor Committee 1) Extend all expired terms of office on the various CCBs, 2) Continue the current recruitment process for the OCBs, and extend the filing deadline to 5:00 pro Friday, December 29, 1995 for those CCBs wath fewer than three applicants per vacancy a Following established procedures, recruitment for the Wall of Honor Committee commenced on March 17, 1995, wrath a filing deadline of April 28, 1995 The filing deadline was extended thereafter to May 31st, June 30th, August 25th, and October 31, 1995 Recruitment for the Capital Improvement Program Advisory Committee and the El Segundo Community Cable Advisory Corrxrrttee conTienced on September 8, 1995, with an October 31, 1995 filing deadline In addition to the customary advertising in the B Segundo Herald, Community Section and the Cable TV Bulletin Board, a VIDEO was produced to inform the community of the CCB process and was aired approximately 6-8 times during the month of October The video was produced in a general format and it well continue to air from time to time for recruitment purposes 1) Capital Improvement Program Advisory Committee There are presently 2 vacancies Only one Incumbent, Harry Reeves, has reapplied Incumbent Yeagley has indicated he will not apply for another term No other applications were filed by the October 31st deadline No meetings for this committee are scheduled at this time 2) EJ Segundo Community Cable Advisory Conmttee This is the first recruitment since the restructure of this committee, November 4, 1994 There is presently 1 vacancy lry rbent, Jennifer Lefere has indicated her desire to continue on this committee and has verbally reapplied Ms Lefere was appointed on 11/4/94 to serve a one year term The next term for this position will be a full four -year term No other applications were filed by the October 31st deadline This committee meets quarterly in Feb/May /Aug/Nov Its next meeting will be held November 1, 1995 3) Wall of Honor There are presently 2 vacancies Two applications have been on file for several months, i e Incumbent, Rita Chute and Applicant James L Taylor Lavinia Bailey, a former member of this committee has verbally expressed her desire to once again serve on the Wall of Honor Committee This committee on August 16, 1995 informed City Council of a change from its monthly meetings to three meetings per year, to be held in January, May and September The committee next meets in January, 1996 Current Listing of Commissions/Committees/Boards - Julia O Abreu, Legal / Counal Assistant • .r . A a'Aa<, O Abreu, Legal /Council Assistant Morrison, Gty Manager 052 CITY OF EL SEGUNDO USTING OF COMIYIISSIONS, CONNOTE S, AND BOARDS (CM) CAPITAL Rd RD-)MI T PROGRAM ADVISORY CONIMMEE, (Four Year Term) 1. Eugene J. Gillingham (me wd i ao5 w fidl rem,) - TERM: 12/01/94 - 11/30/98 2. A.J. Paz (mwd w z93 t. istfuII teem) - TERM: 12/01/93 - 11/30/97 3. Richard S. Feam, Chairman - TERM 12101/91 - 11/30/96 Cormcil Altemate: Councilman Richard J. Switz EL SEGUNDO COMMUNITY CABL ADVISORY COM MUIEE: (Four Year Tenor) (Fimm new cmmnlee gWovved 11114194 - sfgwmd rem ) - TERM. 6/30/95 - 6/30/99 2. 1. David W. Reeves - TERM EXPIRES: 10/31/98 2. Jeanne M. Yeagley - TERM EXPIRES: 10/31/97 3. Marc F. Rener - TERM EXPIRES: 10/31/97 4. Patricia Ann Hart - TERM EXPIRES: 10/31/96 Council Alternate: Mayor Pro Tern Liam Weston ECONONIIC DEVELOPMM ADVISORY COUNCIL (No Tenn Expiration Date) 1. Karen Ackland, Chairman - Commercial Brokers Representative 2. David J Gaulton, Vice-Chair - Commercial Property Owners Representative 3. Sandy Jacobs - Chamber of Commerce Representative ���� (Eric Johnson resigned) 5. i ar ick - esidents epresentative 6. Richard C. Lundquist - Commercial Brokers Representative 7. Brian Polkmghoine - Commercial Brokers Representative 8. Robert Slusser - LarRe Business Representative Ex-Officio: Mayor Pro Tern Liam Weston Ex-Officio: James W. Morrison INVESTMENT ADVISORY C:ODMUrTEE: (Four Year Tenn) 1. Kirk Jon Walske (�wad mq.5 m 2,.r rem) - TERM. 6/30/95 - 6/30/99 2. Kelly McDowell - TERM 9/01/93 - 8/30/97 3. City Treasurer - TERM: While in Office 4. Finance Director - TERM While in Office I]BRARY BOARD OF TRUSTEES: Mme Terns) 1. Ray Miller, V.P. (m*wro2w term 7m) 2. Sandy Jacobs 3. Tent' Cerrito 4. Thomas G. Coonan 5. Gerry Preciado Rev October 30. 1995 Year Terms) (Members Serve Maximum Two - TERM 7/01/94 - 6/30/97 - TERM: 7/01/93 - 6/30/96 - TERM: 7/01/93 - 6/30/96 - TERM 8/11/95 - 6/30/98 - TERM: 8/11/95 - 6/30/98 -1- JOAN \CCB\CCB -LIST 895 053 01911 +Oir, r : ► CDO' EI:: U/_ 1113HARY SYSIM ADVISORY BOARD: n 1. Sue Carter (,v*pat.2wkm 71695) TERM:- 1 6/30/97 ►s, QI w4l:E,413475 INCO Kr,u1u11N151 A 1. Stu Aplin 2. Leonard Bonilla 3. Liz Garnholz 4. Don Koons Israel Mora - TERM: 6/01/93 - 5/30/97 (No Team Expiation i atiion Date) 6. Steve Storm 7. Jack Trystman Council Delegate: Councilman Richard J. Switz Council Alternate: Councilwoman Jane Friedkin PIAMNG MML95M: (Four Year Terns) 1. M. Stacey Palmer (mwd 71aro5 to ist jua term) 2. Robert Yeagley 3. Brian Crowley, Vice - Chairman 4 Gordon Leon, Chairman 5. Sean Mahon - TERM: 7/01/95 - 6/30/99 - TERM: 7/01/94 - 6/30/98 - TERM: 7/01/93 - 6/30/97 - TERM: 7/01/92 - 6/30/96 - TERM: 7/01/92 - 6/30/96 RECRF.A11ON & PARES CXxNML.SSION: (Four Year Terns) 1. Margie Randall (regpd Maros to 2�d term) - TERM- 6/01/95 - 5/30/99 2. Terry Ceretto - TERM: 6/01/94 - 5/30/98 3. Israel Mora - TERM: 6/01/93 - 5/30/97 4. Debbie Bundy - TERM 6/01/93 - 5/30/97 5. William McCaverty - TERM. 6/01/92 - 5/30/96 SENIOR HOUSING BOARD- (Four Year Terms) 1. Steven Jonn Edlefsen (4rda795) - TERM: 7/01/95 - 6/30/99 2. Peter Freeman. (m wed to 2nd term aaros) - TERM: 7/01/95 - 6/30/99 3. Marilyn (Dolly) Thomas - TERM: 7/01/94 - 6/30/98 4. Annette Latshaw (yrrdan195tovpoedle -) - TERM 7/01/93 - 6/30/97 5. Edna Freeman - TERM 7/01/93 - 6/30/97 6. Kathy Urban �,wd u3aro5 to p+ d tern,) - TERM: 7/01/92 - 6/30/96 7. Keith Alan Covington (,wd &7/vi to u pimd term) - TERM 7/01/93 - 6/30/96 Council Delegate: Councilwoman Jane Fnedkm Council Alternate: Councilman Richard J. Switz Conley 8/01/94 7/30/98 2. • 8/01/93 7/30/97 Council Alternate: Mayor Pro Tern Liam Weston Rev Octoba 30, 1995 -2- JOAN \CCB\CCB -1Sr 895 054 MEMORANDUM , FROM; Pete Freeman, President, E1 Segundo Senior Citizens housing Board TO: Jim Morrison, City Manager, City of E1 Segundo DATE: October 26, 1995 Please be advised that the Board is aware of the deadline regarding a prepared Form of Operation. As you may be aware, the City statff is currently reviewing the elegibility standards and other resident criteria, including the Corporation Contract and By -laws with the City. The budget we anticipate adopting for the year 1996 should be ready for your review after the next board meeting in November. Please contact myself or Keith Covington, CFO, if you have any questions. 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P L VI O c I• W O rl a L w .0 GI 0 Q U O 0 + C' I L L w • • tl • Q .♦ L« 0,; Y y e• a�< T P n T O Q 7 . XI ' > Ih< o 7 r 0 u To w J ■ L" V« w Q « L R ••♦ UV r C w IW M co: of Ic c icc47ll1c ••II« i r.T 1.7 I9 ��••••!!!!!!•r Wo c cr c r P P +« O C q• c .. V O •• r r ic it T Q / O w w 7 T •! 0 r « w■ uQ 7 C 7 IO J9 C 0 6Tp!� O i• !O �y 000 L • �!7L O w I12 Y O& AV E oz. w6 o +�LY n+ S 0 w « LL • � u A H e L 1 e IM n c �L o, 1 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1010795 THROUGH 10/27195 Date Payee Amount 10/10/95 IRS 125,983 04 10/10/95 Emp Dev Dept 23,71856 10/11/95 W B M.W D 890,367.60 10123195 IRS 126,729 57 10/23/95 Emp Dev Dept 24,097 77 Total by Wire. $1,190,89654 Description Federal Payroll Taxes P/R # 7 State Payroll Taxes P/R # 7 Water puurchased -July Federal Payroll Taxes P/R # 8 State Payroll Taxes P/R # 8 DATE OF RATIFIACTION: 11/07195 TOTAL PAYMENTS BY WIRE: $1,190,896 54 Certified as to the accuracy of the w re transfers by City Treasurer��� / Date /0 IZ6 Fina City Date /D a2ct —9 Date Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo. 059 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, OCTOBER 16, 1995 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7 05 p.m. PLEDGE OF ALLEGIANCE led by Councilwoman Friedkin ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Swltz - Present Councilman Robbins - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS -(Related to City Business On - 5 minute limit per person, 30 minute limit totaq Two Individuals addressed the City Council Willard Krick, El Seaundo Residents Association Representative stated ESRA was submitting a letter based on staffs comments which contains the ten issues identified in their prior letter, and some comments on staffs report Laurie Dustin, Kilroy Industries stated Kilroy was submitting a letter presenting their concerns relative to the proposed zoning code amendment on High -Tech Industrial and Recreational Uses In the Mixed Use Zone for the Council's consideration. Mayor Jacobson closed public communications. A. SPECIAL ORDERS OF BUSINESS Study session /workshop on issues related to the update of the Zoning Code, discussion of General Plan and Zoning Code issues raised by the City Council, Planning Commission and the public City Attorney Mark Hensley announced potential conflicts of Interest as follows. Staff Comments Item 1 Mayor Jacobson and Councilman Robbins, and Item 3 Councilman Swltz and Councilwoman Fnedkin. Under Willard Knck's comments Items 1„ 4 and 6 Mayor Jacobson and Councilman Robbins. Staff Comments Item 11 - Code Enforcement: Councilman Robbins questioned the status of the Traffic Mitigation Fee Study, City Manager Morrison stated the draft should be delivered to staff by the end of the year Councilman Robbins then stated concerns with community safety and cost as It relates to streets extending through to major arterials; current traffic analysis in the general plan is incorrect and the present traffic situation shows it to be impractical to widen streets. He suggested waiting until the Traffic Study was complete before making any decisions, and any assumptions made using the old Traffic Study should be reanalyzed. He felt Code Enforcement, illegal unit violations, and building heights should be given a high priority. Mayor ProTem Weston asked for a list of streets extensions on the General Plan and streets that staff thinks are unrealistic. He concurred with the code enforcement issues suggesting to divide the Illegal unit violation Issue into two parts by Increasing penalty fees and using a lottery type of system and draw a name of a code violator each week Further suggesting the Council prioritize items tonight Councilman Switz suggested they refer to staff for recommendations regarding Illegal unit violations Councilwoman Friedkin felt there should be punitive penalties placed on those who violate the law City Manager Morrison stated should the Council decide to be more aggressive, they would need to allocate funds In the budget to cover the costs, and staff would start with the oldest violation on the list Discussion followed El Segundo - City Council Minutes October 16, 1995 - 7 00 prn r n DRAFT Councilman Switz stated he had also received complaints about minor code violations such as trash cans and barking dogs which had not been given a high priority in the past, and suggested all City staff report all code violations seen before the complaints are made. He stated he wants a proactive approach to code enforcement Councilwoman Fnedkin concurred, and suggested tree replacements be made to all city trees removed from city parkways Council consensus for city to take a more proactive approach to code enforcement, and tree replacements to be made for all city trees removed from city parkways. Staff Comments Item 2 - Alcohol Sales: Discussion ensued with Council consensus they were content with the administrative use permit process of being received and filed by the Planning Commission, and conditional use permits being reviewed by the Planning Commission and going to the Council with their recommendations for final approval. No direction given Staff Comments Item 4 - 25 Foot Wide Lots: Mayor Jacobson felt 25 foot wide lots with narrow homes were not beneficial to the city, and felt the lots should be combined and not split, Councilwoman Fnedkin concurred Discussion followed. Council consensus to refer this Item back to the Planning Commission for more review and work with the City Attorney on the legal issues of lot mergers. Staff Comments item 5 - Parking Requirements: Mayor Jacobson stated the Council had directed the Planning Commission to look at this issue; Councilman Swdz stated he was against changing the requirement to 9 feet Staff Comments Item 6 - Parking Lot Landscape Requirements: Discussion with no direction given Low priority Staff Comments Item 7 - Curb cut and Driveway Widths: Councilwoman Fnedkin questioned whether future construction could Include minimum driveway sizes, and stated the depth of some driveways on street side comer lots is not large enough and cars end up going over the sidewalk and curb Discussion followed with no direction given Staff Comments Item 8 - Residential Setbacks: Mayor ProTem Weston felt there should be more than a 3 foot setback, Councilwoman Frledkin concurred. Discussion on setback intrusions followed with no direction given. Low priority Staff Comments Item 9 - Residential Landscaping: Mayor ProTem Weston felt that all colored renderings which are considered at the time a project is approved should be kept as part of the record until the entire project is completed, and that the project must look like the drawing Councilman Swltz felt the City should require a deposit upon permit issuance for a remodel, and If they do not comply then they would lose the deposit Mayor Jacobson stated the certificate of occupancy takes care of making sure they comply on new protects. Discussion followed regarding debris clean up on remodels prior to final inspection, and minimum percentages of landscaping for residential and commercial properties Council consensus for staff to look into minimum percentages of area for residential and commercial landscaping; keep all colored renderings until project Is completed; and that all debris is cleaned up on building projects before final Inspection is signed off. El Segundo - City Council Minutes October 16, 1995 - 7 00 pm 061 Staff Comments Item 10 - Residential Front Setbacks: Discussion ensued with no direction given Low priority Willard Krick's Comments Item 2 - Potential Traffic Impacts Relating To Public Parking Facilities: Councilman Switz did not feel there was a parking problem in the City, and questioned whether there was a section in the Code to help owners who need more parking, Laurie Jester, Senior Planner, responded that off -site parking can be an accessory use, and above code requirements Council felt it was presently all right No direction given. Willard Krick's Comments Item 3 - Non - conforming Residential Uses: Councilwoman Friedkin questioned whether someone can rebuild 100% and could they add on, Ms Jester responded that any addition beyond the 100% rebuild must be conforming to Code No direction given Willard Krick's Comments Item 5 - Traffic Fee Mitigation Fee Study: Council consensus to hold off on this item until the Traffic Mitigation Fee Study and Traffic Model was completed. Willard Krick's Comments Item 7 - Distance Requirement for Bars/Hotels from R -1 Zones and Schools: Councilman Robbins felt the City should make it Gear as to what specific type of businesses they would like to have at the Manposa site; Mayor Jacobson felt it could become a legal issue unless they could do this also with all property in the same zone Discussion followed regarding distance requirements for bars and hotels from R -1 and schools. Council consensus for staff to look at a new zone with a minimum distance requirement for bars and hotels to be from R -1 and schools. Willard Krick's Comments Item 8 - Imperial School Site: Discussion ensued regarding the zoning of this site, Mayor Jacobson stated the City could not down -zone No direction given Willard Krick's Comments Item 9 - Condominium Conversions: Discussion ensued with no direction given Willard Krick's Comments Item 10 - Granny Flats/Second Dwelling Units In The R -1 Zone: Discussion ensued regarding construction of second units in the R -1 Zone, Code requirements, and the definition of kitchen Council consensus for staff to work with the City Attorney to apply the most restrictive State law requirements; add definition of kitchen to the Code, and require second unit covenants with inspection provisions. Discussion regarding service stations ensued with Councilman Robbins stating he felt there should be an appeal process for administrative use permits, and at least a 300 foot notice. Councilwoman Friedkin felt 300 feet was not enough in some cases; Ms Jester responded for large family day care it is proposed to be increased from 100 to 300 feet Council consensus to Increase the 100 foot area for notices to 500 feet for Large Family Day Care Centers. Staffs Comments Item 3 - Subdivision of R -1 and R -2. 40' and 44' Wide Lots: Councilman Swltz and Councilwoman Fnedkin did not participate on discussion of this item due to possible conflicts of Interest. Discussion ensued regarding lots in the R -1 and R -2 zones which could be subdivided Council consensus to require all new lots to have a minimum lot width of 50 feet. El Segundo - City Council Minutes October 16, 1995 - 7 00 pm 062 DRAM' Staffs Comments Item 1 - High -Tech Industrial: Councilman Switz and Councilwoman Friedkin returned to the dais. Mayor Jacobson and Councilman Robbins did not participate on discussion of this item due to possible conflicts of interest. Councilwoman Fnedkin was In favor of a conditional use permit instead for high -tech uses, and asked what it would take to change the process from administrative to conditional use permit. Council consensus to maintain integrity of MU zone; look at the cumulative impacts of administrative use penults. Keep as is, and provide Council with a summary of administrative use permits that have been issued in the MU zone. Willard Krick's Comments Item 1 - High-Tech Industrial f Zone Text Amendment: Mayor Jacobson and Councilman Robbins did not participate In discussion of this Item due to possible conflicts of interest. Councilman Switz was not in favor of a sports arena, Councilwoman Fnedkin and Mayor ProTem Weston concurred stating other recreational uses were all right. Low priority. Willard Krick's Comments Item 4 - Height Limits: Mayor Jacobson and Councilman Robbins did not participate in discussion of this item due to possible conflicts of interest. Discussion ensued regarding building heights east of Sepulveda Boulevard Council consensus for staff to look into two height zones east of Sepulveda Boulevard and referred it to the Planning Commission. Willard Krick's Comments item 6 - Mixed Use Zone: Mayor Jacobson and Councilman Robbins did not participate In discussion of this Item due to possible conflicts of interest Council consensus for City Attorney to report to the Council at their meeting of December 5 with potential revisions and their Impacts. Mayor ProTem Weston opened public comments on Willard Krick's Items 1, 4 and 6. Willard Krick, El Segundo Residents Association addressed the issues and concerns in his letter he submitted to the Council at the beginning of their meeting. On Item 4 he does not want to change the FAR, lust the height, and wants to stair step buildings up from Sepulveda Boulevard, Item 1 he does not want a sports arena or bond Issues, and Item 6 he suggested only to allow the MU south location for this type of activity which would only be 2% of the City, and to allow a maximum of about 52 establishments David Steele. Chamber of Commerce commented on Willard Krick's Item 4 stating he has some suggestions regarding heights on Sepulveda Boulevard; Mayor ProTem Weston asked him If he would be addressing the Planning Commission with his suggestions at their meeting, and he responded that he would. Nancy Wemick. Resident commented on High Tech Industrial stating concerns with Blo- Tech Industrial and suggested they require a conditional use permit Mayor Jacobson and Councilman Robbins returned to the dais. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Nickv Wislockv, Resident questioned if zone violations were infractions because she felt they were She also felt staff should be able to confront the owners of possible illegal units without going through court, 4 El Segundo - City Council Minutes October 16, 1995 - 7 00 pm 063 DRAFT and that gas stations were hazardous and created health problems Also, It would be Impossible to discuss or make decisions regarding building heights without a traffic study Nancy Wemick, Resident discussed problems as they relate to possible code enforcement violations on Hughes and Allied Way Willard Knck, El Segundo Residents Association addressed the granny flats issue and State code regulations. ADJOURNMENT at 11:01 p m. to 5 00 p m October 17, 1995 Lora Freeman, Deputy City Clerk El Segundo - City Council Minutes October 16, 1995 - 7 00 pm 0 6 A ZtA gio MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL October 17, 1995 - 5:00 P.M. CALL TO ORDER Mayor Jacobson at 5 00 P M PLEDGE OF ALLEGIANCE Councilwoman Frtedkin ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present arrived 6 00 P M left the meeting at 6 15 P M Councilwoman Fnedkin - 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 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 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) -1 - Request to purchase City parcel adjoining 160 S Sepulveda CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 Summerfield Tax Litigation, Case No. BC 106640 2 Kilroy Airport Assoc etc. v City of El Segundo, LASC Case No. BS034343 3 El Segundo Senior Citizen Housing Corp. Board v Gurvich, Municipal Ct Case No 95L 02955 4. Marion v City of El Segundo, Case No BC049301 5 United States and State of California v City of Los Angeles, et al, Case No 77- 3047 -HP CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 34 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c) 3 matters DISCUSSION OF PERSONNEL MATTERS (Govt Code Section 54957) 1 Proposed Resolutions (4) and Class Specifications implementing salary range and position classification changes contained in the City's 1995 -96 Operating Budget. Fiscal Impact Total annualized compensation increase to General Fund $9,796 Total annualized compensation increase to Waterworks Fund, $16,864 The changes do not result in an increase in the number of City staff 2 Annual review of City Manager's employment contract. CONFERENCE WITH CITYS LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute fmit) NONE ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk m DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 171 1995 - 7:00 P.M. CALL TO ORDER Mayor Jacobson at 7:04 P.M. PLEDGE OF ALLEGIANCE - Mayor ProTem Weston INVOCATION - Rev. Timothy Schepman, Saint John's Lutheran Church PRESENTATIONS 1. Proclamation encouraging everyone to test their smoke detectors on October 29, 1995 and reminding them to "CHANGE YOUR CLOCK - CHANGE YOUR BATTERY." Chief Jake Nielson, ESFD, received the proclamation from Mayor Jacobson 2. Presentation to City Council of Fire Department Value Statement. Chief Nielson and Captain Early made the presentation to Council. ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Eight (8) individuals addressed Council 1. Marty Stone, 736 Center Street; spoke regarding the proposed Roller Hockey facility at Hilltop, and expressed his support. 2. Bob Jenson, Chamber of Commerce President invited everyone to attend the Richmond Street Fair. 3. Kelly McDowell, requested, on behalf of Leadership E1 Segundo for Council to participate in and support the Mural. 4. Nancy Cobb, 1218 E. Sycamore; announced the agenda for the new Leadership E1 Segundo class for Friday October 20, 1995 5. Herb Kelly, resident, spoke regarding the California Police Chiefs Associations support of gun control in their position paper and his opposition to it. He also stated Council should instruct the Police Chief on the City's views when attending association meetings. 6. Jerry Welfounder, 1208 E. Walnut; supports the proposed Resolution by Councilman Robbins to refute the CPCA support of gun control. 7. Eric Bimber 813 Sheldon; stated his objection to a hockey rink being built and further stated the money could be spent more wisely. 1 City Council 10/17/95 @M S. Chris Jones, President and Elizabeth Cook, Fundraiser Chair for ROAD requested Council to support and approve for its "Mile of Quarters" event on Main Street to be held between 2 -4 p.m. on October 28, 1995 MOVED by Councilman Switz SECONDED by Councilman Robbins to approve the request by ROAD for Council to support its "Mile of Quarters" event on Main Street to be held between 2 -4 p.m. on October 28, 1995, with the provision that all necessary permit applications be submitted and meet with applicable City requirements. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 A. MOTIONS 1. Consideration of a motion to resolutions on this Agenda b y MOVED by Councilman Robbins SECONDED b y all ordinances and resolutions on this MOTION PASSED BY UNANIMOUS VOICE VOTE. B. SPECIAL ORDERS OF BUSINESS - read all ordinances and title only. Councilman Switz to read Agenda by title only. 5/0 1. Public Hearing and adoption of a Resolution determining that the public necessity, health, safety, or welfare, require the formation of an Underground Utility District within the public right -of -way of Sepulveda Boulevard (State Highway Route 1) from 200 feet north of the centerline of E1 Segundo Boulevard southerly to the south City boundary line adjoining the City of Manhattan Beach (Underground Utility District No. 4). Mayor Jacobson stated this is the time and place hereto fixed for a public hearing on the adoption of a Resolution determining that the public necessity, health, safety, or welfare, require the formation of an Underground Utility District within the public right -of -way of Sepulveda Boulevard (State Highway Route 1) from 200 feet north of the centerline of E1 Segundo Boulevard southerly to the south City boundary line adjoining the City of Manhattan Beach (Underground Utility District No. 4). He asked if proper notice was given in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice was done by the Public Works Department and one (1) written communication �,;; had been received by the Clerk's Department and Council has copies. Bellur Devaraj, City Engineer; gave a brief staff report. Public Hearing Opened. Bill Mason, Allied Signal; stated that they support the proposal, but requested minimal interruptions of power during the procedure. MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney Lee Dolley read the following: RESOLUTION NO. 3945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DETERMINING THAT THE PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE, REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT WITHIN THE City Council 2 10/17/95 os7 DRAFT PUBLIC RIGHT -OF -WAY OF SEPULVEDA BOULEVARD (STATE HIGHWAY ROUTS 1) FROM 200 FEET NORTH OF THE CENTERLINE OF EL SEGUNDO BOULEVARD SOUTHERLY TO THE SOUTH CITY BOUNDARY LINE ADJOINING THE CITY OF MANHATTAN BEACH (UNDERGROUND UTILITY DISTRICT NO. 4) MOVED by Councilman Robbins SECONDED by Councilwoman Friedkin to adopt Resolution No. 3945 approving of the formation of an Underground Utility District within the public right -of -way of Sepulveda Boulevard (State Highway Route 1) from 200 feet north of the centerline of E1 Segundo Boulevard southerly to the south City boundary line adjoining the City of Manhattan Beach (Underground Utility District No. 4). MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 C. UNFINISHED BUSINESS - NONE. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE. 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 225595- 225785 on Demand Register Summary Number 13 in total amount of $818,937.08. 2. Warrant Numbers 225786- 225933 on Demand Register Summary Number 14 in total amount of $164,772.06. 3. Warrant Numbers 225934 - 226098 on Demand Register Summary Number 15 in total amount of $920,038.62, and Wire Transfers in the amount of $149,514.93. 4. City Council meeting minutes of October 3 and October 5, 1995. MOVED by Councilman Switz SECONDED by Councilman Robbins to approve consent agenda items 1, 2, 3, and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F. NEW BIISINESS - CITY MANAGER 1. Council to appoint a Subcommittee to work with a City Staff Committee on a Financial /Information Management System Needs Assessment Project. The Subcommittee, to consist of two councilmembers, is not intended to be a standing committee, is not required to meet on a regular basis and will only be making recommendations. City Manager Jim Morrison gave a brief staff report. MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to appoint Mayor Jacobson and Mayor ProTem Weston to a Subcommittee to work with a City Staff Committee on a Financial /Information Management System Needs Assessment Project. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 G. NEW BIISINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BIISINESS - CITY TREASURER - NONE 3 City Council 10/17/95 o r 6 Q J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - NONE Councilman Robbins - Need for the City of E1 Segundo to officially and publicly refute and reject the California Police Chief's Association Gun Control Position Paper Number 95 -1, dated February 1995, titled "Confronting the American Tragedy -- The Need to Better Regulate Firearms ", because it is in conflict with the historical facts and its recommendations would greatly increase city expenditures while simultaneously increasing violent crime. Councilman Robbins gave a detailed report with statistics and articles to refute the California Police Chiefs Association gun control position He further requested that at the LOCC the City's vote be registered as a NO vote on the Resolution adoptin4 the CPCA position. Mayor ProTem Weston stated that he is opposed to a City Resolution as he sees it, and would prefer to make a statement on the record. Mayor Jacobson stated that he had intended to vote NO on the LOCC Resolution unless directed otherwise by the Council. Councilman Switz stated that he will vote no on a Resolution that criticizes or undercuts the Police Chief and staff until their side can be heard. He further stated the community is aware of Councilman Robbins personnel interest in this subject and does not feel this is an appropriate subject for discussion from the dias. MOVED by Mayor ProTem Weston SECONDED by Councilwoman Friedkin to oppose CPCA on this issue. Council statement is that they believe that the proposed position paper is ill advised and ultimately will reflect poorly on the association. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBSONp MAYOR PROTEM WESTONp COUNCILWOMAN FRIEDRINt AND COUNCILMAN ROBBINS. NOES: COUNCILMAN SWITZ 4/1 Councilman Robbins stated he would still like the Council to adopt a City Resolution opposing this matter. 2. Discussion of specific questions related to, and the need for a cost and benefits analysis of alternatives to the proposal for E1 Segundo to withdraw from the RCC 911 Emergency Dispatching Joint Powers Authority and build its own 911 Emergency Dispatching Center. ITEM�i , 3. Discussion and possible action relating to the School Board's eviction of the Girl Scouts from the Madsen house and related School Board violations of the 3.75 million dollar Restated Joint Use Agreement, and of the $400,000 agreement for the City's use of the Madsen house and other Richmond Street School property. ITEM Councilman Switz - NONE City Council 10/17/95 eG Mayor ProTem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Seven (7) individuals addressed Council 1. J. Neil Schulman, Culver City resident; donated copies of his books to Council to be forwarded to the library and commended Council on their vote. 2. Herb Kelly, resident; stated he would like to hear the Police Chief's opinion and know how he voted on the Associations position. 3. Mark Renner, 1212 E. Walnut; stated that ESPD is the best but is concerned with right of MAMM, ownership being infringed upon. 4. Mark Gibson, adjacent city; would like a copy of the CPCA position paper. 5 Cynthia Kramer, Redondo Beach; stated she supports Councilman Robbins position. 6 Randy Hurst, Torrance. Commended the Council for their vote and hoped other cities will follow suit. 8 Resident, 1507 Sycamore; requested road blocks on Walnut Ave be removed because traffic has decreased and Sycamore is being over used. City Manager Jim Morrison stated their petition has been referred to the Traffic Committee, and will appear on a future agenda. MEMORIALS - NONE CLOSED SESSION- NONE ADJOURNMENT at 9:51 P.M. to November 1, 1995 7:00 P.M. Cindy Mortesen, City Clerk 1.1 City Council 10/17/95 r7n EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Request for the same level of City staff assistance as last year with Candy Cane Lane (1200 block of E Acacia Avenue) from December 9 to December 23, 1995 RECOMMENDED COUNCIL ACTION: Approve request, provided that all necessary permit applications are submitted, including any noise or sound amplification permits, and protect meets applicable City requirements In addition, should anyone in Candy Cane Lane not adhere to the rules and hours of use for the sound or noise permit, such permit may be rescinded for the remainder of the applied for period, which may affect Council approval for future years INTRODUCTION AN BACKGROUND: For the past several years the residents of the 1200 block of E Acacia Avenue have extensively decorated their homes and yards for the holidays and called their block "Candy Cane Lane " These residents are again planning to have Candy Cane Lane Santa will kickoff the affair at 7 00 p m on Saturday, December 9, 1995 The event will last through December 23, 1995 The residents are requesting the same level of City assistance as in the past - barricades, traffic delineators, fire engine delivery of Santa, and provision of simulated snow Of the items requested, only the snow represents a "hard cost" to the City and that is estimated at $100 In the past some of the residents on the block expressed opposition to the event A copy of their letter is attached to last year's staff report According to Gale Segers, some of those residents have moved away since last year The issue of excessive noise can be handled by the Planning Department at the time of issuing any requested noise permits Staff is recommending the City continue to support this tradition which has been held for more than 25 years ATTACHED SUPPORTING DOCUMENTS: Letter from Gale Segers, Chairperson of Candy Cane Lane, dated October 10, 1994 Staff report and attachments dated November 1, 1994 FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $100 Project/Account Budget: $27,900 Project/Account Balance: Date. Account Number. 2901 -6401 Project Phase. Appropnation Required - Yes_No X O IGINA ED: Date: October 30, 1995 071 CANDY CANE LANE 1805 E. ACACIA AVE. EL SEGUNDO, CA 90845 October 10, 1995 City of El Segundo 350 Main Street R E C r I V E C El Segundo, CA 90245 OCT t ? 1995 Attn: City Manager, CITY MHNHGhH S UI FICE Regarding the Candy Cane Lane Program for 1995. This letter is to request your offices help with our Christmas Program on the 1200 block of East Acacia Ave. We would like to borrow a street barricade set up and 6 orange poles for our program These items can be dropped off on the lawn at 1201 E. Acacia anytime Friday December 1 Please let us know if we can return them or they can be picked up at the same location after December 28th. In the past the City has supplied us with (white material) snow for the end of our block. Could we once again count on this for Friday December I Every year we try hard to save the sheets but after 3 weeks of fog, rain, wind, children running on it, it gets beaten up pretty good. Santa has been arriving gloriously on the city Fire Truck. Could this be arranged again? We need Santa on Sat Dec. 9 at 7.00 PM. Please let me know who I need to talk to, to coordinate details. ' Edison needs the city to write a letter requesting that the lights be turned off from Dec 8111 through Dec 25 Last year this was not done and I think it really made a difference. Edison won't take my word for it, they always refer me to the city. The neighbors of the 1200 Block of East Acacia would like to extend an invitation to all the City Council members and City Employees to come down during Dec. 10 - 23rd with their families and friends to enjoy the festivities. Thank you for your cooperation, these few items really help in making the program a success I will always get a thrill out of meeting people who remember or have heard about El Segundo's great Candy Cane Lane Program. It is really part of this great city's past and present. Please call me if you have any questions. Sincerely, f le Segers hairperson, Candy Cane Lane 640 8740 072 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: November 1, 1994 AGENDA HEADING: Consent Request for City assistance with Candy Cane Lane (1200 block of E. Acacia Avenue). RECOMMENDED COUNCIL ACTION, 1) Discussion. 2) Approval For the past several years the residents of the 1200 block of E. Acacia Avenue have extensively decorated their homes and yards for the holidays and called their block "Candy Cane Lane " These residents are again planning to have Candy Cane Lane Santa will kickoff the affair at 7:00 pm on Saturday, December 10, 1994 The affair will last through December 23, 1994 The residents are requesting the same level of City assistance as in the past - barricades, traffic delineators, fire engine delivering of Santa, and provision of simulated snow Of the items requested, only the "snow" represents a "hard cost" to the City and that is estimated at $100 Some of the residents on the block have expressed opposition to the affair A copy of their letter is attached The issue of excessive noise can be handled by the Planning Department at the time of issuing any requested noise permits. Even though there is opposition to the affair, staff is recommending the City continue to support this tradition that has been held for approximately 25 years ATTACHED U TI DOCUMENTS- Letter from Gale Segers, Chairperson of Candy Cane Lane, dated October 20, 1994 Opposition letters regarding amplified sound permits. FISCAL IMPACT. (Check one) Operating Budget X Capital Improv. Budget: Amount Requested* $100 Project/Account Budget $36.000 ProjecUAccount Balance* Date. Account Number. 2901 -6401 Project Phase, Appropriation Required - Yes X No ORIGINATED: ate: October 24, 1994 James W. z�ea -7� James W. M#Son, City Manager 092 .. n 17 CANDY CANE LANE 1206 E. Acacia Ave. El Segundo, CA 90245 310 640 8740 October 20, 1994 City of EI Segundo RECEIVED 350 Main Street OCT 2 4 1994 El Segundo, CA 90245 CITY MANAGER'S OFFICE Attn: City Manager, Regarding the Candy Cane Lane program for 1994. This letter is to request your offices help with our Candy Cane Lane Program on the 1200 block of East Acacia Ave. We would like to borrow a street barricade set up and 6 orange poles for our program. These items can be dropped off on the lawn at 1201 E. Acacia anytime on Friday Dec. 9. Please let us know where we can return them or they can be picked up at the same location after December 26th. In the past the City has supplied us with (material) snow for the end of our block. Could we once again count on this for December 5th Monday? If they could deliver it we will put it in place. In the last 5 years the Fire Truck brought Santa to our street on opening night. Could you arrange a fire truck again? We need Santa on Sat. Dec. 10 at 7:00 P.M. We will be speaking with Barbara Anderson to coordinate Santa (hopefully Lynn Wiegers again) and the Fire Department. In the past I have contacted Edison but I still think they need a letter from your offices asking that the street lights be turned off for those 2 weeks. Edison sets up a special bill for us so that we can run power to the end of the block. But our block does get quite dark so maybe you could let E.S. 's finest know that we are in the dark during this 2 weeks and an extra patrol car is always a welcome site. The neighbors of the 1200 Block of East Acacia would also like to extend an invitation to all the City council and city employees to come down during Dec. 10th thru the 23rd with their families and enjoy the festivities. Thanks for all your cooperation, last years program went ever so smoothly with all of your help ,Please let me know if there is anything we can do or if you have any questions. G le Segers hairperson, Candy Cane Lane 6408740 LI . r MWM °+ 074 Brian and Kimberly Foley 1219 E. Acacia Avenue E1 Segundo, CA 90245 Mr. Hyrum B. Fedje Director Department of Planning and Building Safety City Hall 350 Main Street E1 Segundo, CA 90245 Dear Mr. Fedje: SEP 2 01994 i T:__ This letter is to inform you or our objection to the issuance of a �= sound permit for the Candy Cane Lane event during the two weeks before Christmas. y G Every year at the meetings to organize Candy Cane Lane the issue of excessive noise is brought up and for the past few years it has been decided at these meetings that music be played by people who want to so that it can be heard only in front of that person's o j house. J Each year Mr. Dukakis of 1216 E. Acacia Ave. is urged to follow y what has been agreed to about music, and each year Mr. Dukakis asserts that he "does what he wants to do." He gets a sound permit, mounts speakers on his roof and plays music loud enough to y bathe the cul -de -sac in sound. Crown Sterling Suites Hotel and so it blasts into the back of our Unfortunately, there is no way that Mr. Dukakis can achieve this level of volume without making the sound so loud that it is y offensive to some of his neighbors. Kimberly and I, now with our three month old daughter, Erin, live .� directly across the street from the Dukakis', and each year we are forced to live with that music in our house even with all doors and windows shut. The music also bounces off the back wall of the Crown Sterling Suites Hotel and so it blasts into the back of our house as well. It so loud that there have been some evenings when we have gone out for hours just to get away from it. With this music incessantly in the house, we must speak louder to have a conversation, we must speak louder on the phone, there is no place in the house to escape. Lying down for a nap is impossible. In short, it is extremely disrupting and stressful. I have personally asked Mr. Dukakis many times for the past three years, to turn the music down, and he has, temporarily. But often p later that same evening, and always the next evening, the volume is back up at the original, offensive level. aL P S a Y V 094 n75 Finally, this year , after I asked him to turn the music down a second time, Mr. Dukakis told me "I have a sound permit. If you don't like it, call the police." He has refused to speak to my wife or me since. I was also told by the head of the Candy Cane Lane committee, that other people in the street would support the police being called to stop the noise. I didn't call the police last year because I didn't want to bring any public embarassment to the Candy Cane Lane Celebration, and becouse I hope that this letter will solve the problem for future years. When I spoke to Ms. Greffon and other people in the Dept. of Planninf, I was told me that no one had complained to the Department of Planning and that a letter to you was the appropriate way to register a complaint about this matter. Mr. Fedje, I have read the city ordanances about sound and sound permits. It seems to me that the purpose of a sound permit is to allow someone to exceed the sound restrictions for an afternoon or evening for a wedding reception or a party. However, Candy Cane Lane spans ten or twelve evenings from 6:00 to 10:00 every night the two weeks before Christmas. It is like living across the street from a loud party for two weeks, during the heart of the evening. Also, Mr. Dukakis exceeds the limits of his permit by sometimes playing music until 10:30 pm. In fact, this year he put the music on at 4:00 pm on the day after Candy Cane Lane ended. So, I am writing this letter because the suggestions of the Candy Cane Meetings have failed, neighborly attempts to get Mr. Dukakis to turn the music down have also failed and have produced a confrontational response, because what Mr. Dukakis is doing does not represent the consensus wishes of the Candy Cane Lane meetings concerning music, and because 40 plus hours of loud music over two weeks should not have to be tolerated in a quiet, residential neighborhood. We enjoy creating displays that can be enjoyed by the people of the community during this special time of the year. But that is no reason to deny any residents of the street the same peace and quiet we all desire and appreciate so much. Sincerely, Brian L. Foley l ' K erly L. Foley 10'" n7P HYRUM B. FEDJE Director September 29, 1994 Wd�y io/ el gey m4 i DEPARTMENT OF PLANNING AND BUILDING SAFETY • Gtr Hell • 350 Main Street • El Segundo. Cabforma 90215-0969 • 13101 322 4670 • FAX 13101 322 4161 Mr Brian and Mrs. Kimberly Foley 1219 E Acacia Avenue El Segundo, CA 90245 RE: Amplified Sound Permit for Candy Cane Lane - 1200 block of Acacia Avenue Dear Mr and Mrs. Foley. Thank you for Informing us, in your letter received September 20, 1994, about the problems that the issuance of past Amplified Sound Permits in conjunction with the Candy Cane Lane event have caused your family. The intent of this letter is to confirm the receipt of your letter and to inform you that all future sound permits in conjunction with the Candy Cane Lane event will be conditioned to end at 9 00 p m and the amplification will be limited to a reasonable volume. Also, a copy of the permit will be sent to the surrounding neighbors and to the Police Department to inform them of the permit and its conditions If the pernut conditions are violated or complaints are received by the Police Department, the volume will be required to be turned down or the amplified sound shut off. Thank you again for your concerns, and if you have any questions regarding this letter, please feel free to call me or Naima Greffon in the Planning Division at (310) 322 -4670. 'Tplum B. FedJe ^ director of Planning and Building Safety cc: Police Department, Watch Commander 1219aca abt 101% q77 September 20, 1994 Mr, Hyrum B. Fedje Director Department of Planning and Building Safety City of E1 Segundo Re: Sound permit for Mr. Rick Doukakis 1216 E. Acacia E1 Segundo, Ca 90245 Mr. Fedje: I3U'LD;tiC DSPT SEP 2 81994 Our neighborhood is heavily involved in the Christmas Season and a spirit of good fellowship and harmony is felt up and down the block. Lots of people and planning go into the organization of Candy Cane Lane every year. There is, however one neighbor who insists on celebrating in his own way. He has deemed it necessary to play Christmas music extremely loud, bothering neighbors around him. When asked to keep the music down to a tolerable level, he has refused, saying, "I have a City permit and can play music all 1 want. If you don't like it, call the Police." My husband and I are as involved as any other neighbor in the organization of Candy Cane Lane, but feel that constant Christmas music played from the first week in December until the first or second week in January, at all hours of the day and night is too much. We are asking the City to deny him a music permit in an effort to control the loud music before it becomes a matter for the Police. We would like to enjoy the Christmas Season too! Respectfully, �f� s oy A. Mitchell Peggy S. Bailey 1214 E. Acacia 1214 E. Acacia E1 Segundo, Ca 90245 E1 Segundo, Ca 90245 cc:file d G J D9• n 7 Q AMENDMENT to ' EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA and ,JAMES W MORRISON This Amendment (hereinafter, "Amendment") to the Employment Agreement dated March 24, 1993 ( "Agreement "), between the Gty of EI Segundo, California (hereinafter, "City ") and James W Morrison (hereinafter, "Employee"), is entered into this day of 1995 by and between City and Employee 1MTNESSETH: WHEREAS, Section 4B. of the Agreement provides for a periodic evaluation of Employee's performance to determine whether a meat increase is warranted, and WHEREAS, the City has evaluated the Employee's performance and determined that a merit increase is warranted at this time NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows- Section V Section 4A of the Agreement is amended to read as follows: "A The Employee's salary shall be One Hundred Ten Thousand Two Hundred Fifty Six Dollars ($110,256) annually, effective July 8, 1995, and shall be subject to adjustment as set forth in part B of this Section 4 " Section 2, All other provisions of the Agreement not in conflict with the terms of this Amendment shall remain in full force and effect IN WITNESS WHEREOF, the CITY OF EL SEGUNDO has caused this Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, on the day and year first above written ATTEST: City Clerk ,law, CITY OF EL SEGUNDO James W. Morrison APPROVED AS TO FORM - City Attorney J0LMVW- MWNmi6n.mz 1 I EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Revised Class Specification and proposed Resolution establishing a new salary range for the job classification of Water/Wastewater Superintendent Fiscal Impact Annualized total compensation increase to Waterworks Fund is $10,414, but is offset by the elimination of $10,383 of prior year's overtime and comp time costs RECOMMENDED COUNCIL ACTION: Adopt Resolution Approve the revised Class Specification BRIEF SUMMARY: The recently adopted Fiscal Year 1995 -96 Operating Budget reflects the assignment of mid- management level Division Head responsibilities to the job classification of Water/Wastewater Superintendent Because the job classification is being moved into mid- management, the incumbent in the position will no longer be eligible to receive overtime and comp time Adoption of the proposed Resolution and approval of the revised Class Specification is required in order that the salary and class specification changes be implemented The proposed salary range is based on an evaluation of internal relationships with other mid - management job classifications and is equal to that of the current salary for our job classification of Park Superintendent ATTACHED SUPPORTING DOCUMENTS: Resolution establishing new salary range, revised class specification in add - delete format, and FY 1995 -96 Public Works Department Organizational Chart FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Will be included in overall FY 95196 salary adrustment Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: October 20, 1995 [viand. Director of H Agenda 240 Date: yq 5- `� 081 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A SALARY RANGE FOR THE JOB CLASSIFICATION OF WATER/WASTEWATER SUPERINTENDENT The City Council of the City of El Segundo does hereby resolve, declare, determine and order as follows Section 1 That the City Council approves the following basic monthly salary range for the fob classification of Water/Wastewater Superintendent STEP A 4395 STEP B STEP 4615 4845 STEP D STEP 5088 5342 Section 2 The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED the 7th day of November 1995. Carl Jacobson, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Lelan C. Dolley, City Attorney RESSLRY w am Date Adopted: CITY OF EL SEGUNDO WATERMASTEWATER SUPERINTENDENT EXAMPLES OF DUTIES Duties may Include, but are not limited to, the following. 2 Reviews plans, specifications, and blueprints for proposed development to ensure compliance with City rules olicies, and code regulations ' ,''� . dissesees development plans with engineering staff and inspectors. objectives Division. 3. ?I;, , cts as office managerWWW maintains accurate records and logs, ensures that required reports, records and logs are completed in a timely manner. 4. Coordinates utilities projects and the concerns of neighboring cities and county, works with re ulato a a encies from the County, State, and Federal government on utility related matters ... 9QWA 5. Reviews lab reports of water, wastewater, and storm drain sampling makes recommendations to correct problems WW "5 6. Assigns crews to perform regular maintenance work on City facilities; inspects and reviews work performed, maintains and updates records of maintenance and construction work performed. 083 7 Supervises and inspects the work of .#+ex-engnged in the installation, maintenance, and repair of water and 6511MRsewer mains, fire hydrants, domestic water services, water meters, booster pumping stations, storm drain systems, and other water and sewer facilities and equipment. 8 Assigns, supervises, and directs crews in the operation of the City's water distribution system, wastewater collection system, telemetry system, pumping, and equipment maintenance 9 Assigns, supervises, and directs the work of staff engaged in meter reading, installation, maintenance and repair, water service maintenance and repair, and customer service, inspects the work of REM staff in the field, supervises water samp! ig to emsure water qualily 10 Supervises and dire the work -of ate ff responsible for skilled testing and repair of meters, industrial waste program, backfiow devices, and other related appurtenances and performing a wide range of emergency repair work 11 Performs follow -up on customer complaints regarding water quality, water pressure, and low and high billings, coordinates activities with other City staff in resolving customer complaints 12 Participates in budget preparation and administers the water, wastewater, and storm drain budgets, supervises and maintains records of work performed, equipment and manpower usage to LflL> $ ,, P p q QUALIFICATIONS GUIDELINES Education and/or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory fob performance Example combinations include graduation from high school or equivalent, specialized schooling in water distribution and treatment, wastewater management, and storm drainage, and four years (4Uof increasingly responsible experience in the construction, operation, and maintenance of water, wastewater, and storm drain systems, including at least twoM years experience in a supervisory or lead capacity Knowledge. Skills. and Abilities Considerable knowledge of equipment operation, techniques, and methods used in storm drain, water and sewer maintenance, repair and installation of related facilities and appurtenances; proper methods of collecting and preserving domestic water samples, backfiow devices and related laws and regulations, mathematical principles as applied to water systems, record keeping, budgeting, and purchasing procedures, supervision and training techniques, pertinent laws, codes, safety orders and safe work practices Ability to supervise the work of others engaged in the area of specialization, allocate equipment, materials, and personnel in a cost effective manner, read and interpret blueprints, work sketches, and specialized maps, prepare work records and reports; inspect work performed to ensure compliance with specifications, establish and maintain cooperative working relationships, understand and follow verbal and written directions QUALIFICATIONS GUIDELINES Special Requirements and t:e tioiiss 0- 084 Possession of or the ability to obtain a Class C California driver's license and a satisfactory driving record. Possession of a Grade IV Wastewater Collection System Maintenance Certificate and Grade III Water Treatment Operator Certificate Ww Suptck 1. r� 0 0 a a ON ON N W EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request City Council accept the bid from Keystone Uniform Company for the Fire Department's Firefighters' uniforms RECOMMENDED COUNCIL ACTION: Accept the low bid from Keystone Uniform Company BRIEF SUMMARY: On September 21, 1995, a request for bid was issued to a list of four (4) approved vendors Three (3) vendors responded with bids which were opened at 11 00 a m on October 12, 1995 All bids submitted have been thoroughly reviewed for specification compliance by the Finance Department staff and the Fire Department staff The results of the bid opening are as follows Firefighters' Safety Center $22,97430 Keystone Uniform Company 24,577 98 Louis the Tailor, Inc. 27,715.14 Firefighters' Safety Center did not bid on four (4) of the twelve (12) requested items Therefore, based upon Fire Department specifications and the vendor's ability to meet the requirements, the Finance and Fire Department staff recommend awarding the bid to Keystone Uniform Company, the lowest responsible bidder ATTACHED SUPPORTING DOCUMENTS: Bid Summary Sheet, Sandy Wycoff, Executive Assistant FISCAL IMPACT. (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: 0 Project/Account Budget: $23.460.00 Project/Account Balance: Date: Account Number: 001 - 400 - 3202 -4215 ($16.5601001- 400 - 3203 -4215 ($6.9001 Project Phase: Appropriation Required - Yes_ No X Note The Fire Department does not plan to spend more than the budgeted amount in FY 95 -96 ORIGINATED: Date: Kreter, assistant Finance Director BY: G Date: /0/9,$/95 1: �q 6 S b r g yy�� yy�� tton ttJJ�� p W A A A A A A OOa W A W W O tP m ^ [3yq O'A 0 Q� > `L. c v r c io' � d m o° w is e w o S o o 0 O o o S o 0 0 0 o C P r N w W w 00 r 00 W c ^d W �n W a N ui O� R S O O N N 1I� to W U V~i O �ryY3 s P th z p � y � � MJ j3jOt �Y1 app Qp A O S O O o O o A o S o R'» b N W N W T O V V N N to T to b A Ce N O O O S N N O O S O U d n ao 1n N U A w pe q °� A b 6 aJ pO� y k O G C p U V b V A J J obe W a O O� N P A �q 6 S b r g EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: November 1, 1995 AGENDA HEADING: Consent To reappropriate funds for capital improvements, special projects, and purchase orders approved in FY 1994 -95 that were in progress or still open at June 30, 1995 RECOMMENDED COUNCIL ACTION.• Approve reappropriation of funds as detailed in the following staff report (NOTE: This item is for accounting purposes only. It will allow staff to bring forward the necessary budget balances so that on -going projects and purchases can be completed without overspending the FY 1995 -96 approved budgets. BRIEF SUMMARY.• At June 30, 1995, numerous capital projects, special projects, and purchases that were approved in the FY 1994 -95 budgets were still m progress In order to pay for these items upon completion, without overspending the current fiscal year's budgets, the funds appropriated in FY 1994 -95 for these items need to be tamed forward (reappropriated) into FY 1995 -96 The total dollar amounts to be reappropriated to each fund are summarized below, with further detail provided in the attachments Fund Number Fund Name Amount 001 General Fund $ 112,468 25 106 Gas Tax 251,767 00 109 Asset Forfeiture 355,92749 III C D B G 66,731 67 112 Prop A Transportation 20000 116 Residential Sound Insulation 297,329 00 118 Hyperion Mitigation 5,20000 301 Capital Improvement 5,711,609 43 501 Water Fund 191,03770 503 Golf Course 150,000 00 601 Equipment Replacement 122,244 65 702 Developer Fees 936,220 90 708 Outside Services Trust 290.820 31 GRAND TOTAL S 8.491,556.40 ATTACHED SUPPORTING DOCUMENTS: Attachment 1 - Schedule of FY 1994 -95 Proposed Purchase Order Reappropriations Attachment 2 - Schedule of FY 1994 -95 Proposed Reappropriations (CIP and Special Projects) FISCAL IMPACT: (Check one) Operating Budget: _ r Capital Improv. Budget: _ r _ Amount Requested : See breakdown above Account Number: Various Appropriation Required - Yes �_ No` ORIGINATED BY � � Date: e�zy'30" i99�5" �✓ d Susan B. Merrill, In im Director of Finance REVIEWED BY: Date://, Z� �5- James W. Mor , City Manager ACTION TAKEN: F.. PURCHASE ORDER REAPPROPRIATIONS AT 6130195 54293 00140013015204 EASTMAN TIME STAMP 43469 54617 00140021016260 OMNIFAX QUATERLY RENTAL 25980 54553 00140022016302 LIEBERT, CASSIDY & FRIERSON SERVICES APPROVED BY COUNCIL 10/94 11,173 42 54480 00140024016206 TEAM ONE ADVERT ADVERTISING & MARKETING 14,272 04 54562 00140025016214 DAVE ELLIS FIXED ASSET SYSTEM 50000 54869 00140026018109 WISE SOLUTIONS ARCHIBUS, MGMT MODULE, TRAINING 6,84500 54910 00140026016215 PAC BELL CSU /DSU CABLE CONNECT 1,40725 54946 00140027016214 BEIN, FROST & ASSOC REVISIONS TO LAND USE MAP 2,000 DO 54946 00140027016267 BEIN, FROST & ASSOC REVISIONS TO LAND USE MAP 1,00000 54946 00140027016268 BEIN, FROST 8 ASSOC REVISIONS TO LAND USE MAP 500 DO 54894 00140029016244 DAVE ELLIS 94/95 BUDGET SYSTEM SUPPORT 1,52800 54572 00140031016214 ENFORCEMENTTECH CITATION MAILERS 1,16910 54967 00140032025204 ENTENMANN -ROVIN BADGES FOR FIRE DEPARTMENT 2,31163 54573 00140033016214 THE COMPLIANCE GROUP PLAN REVIEW 6,08000 54309 00140033018104 VENDOR YET TO BE DETERMINED OPTICAL BASED IMAGE PROCESSOR 20,10000 54898 00140041016206 MEYER MOHADDES ASSOC TRAFFIC IMPACT ANALYSIS 14,936 00 54851 00140042056206 L A CO DEPT OF P W LINE STRIPING 6,00000 98100 00140046016206 GASBOY INTERNATIONAL SERVICE CONTRACT RENEWAL 1,76448 54892 00140052023978 SANCHEZ PLASTERING REPAIRS TO ACACIA POOL 7,57600 54926 00140052023978 CAPITOL ENTERPRISES PORTABLE STORAGE UNIT 1,42268 54872 00140052916214 PATRIC PARISH, MFCC COUNSELING FOR JUVENILE DIVERSION 3000 54916 00140052916214 ANNETTE SUMROW COUNSELING FOR JUVENILE DIVERSION 30000 54917 00140052916214 PATRIC WHITE, PATHWAYS COUNSELING FOR JUVENILE DIVERSION 30000 54921 00140052916214 PATRIC PARISH, MFCC COUNSELING FOR JUVENILE DIVERSION 12000 54925 00140052916214 JANE REITZ, MFCC COUNSELING FOR JUVENILE DIVERSION 30000 549W 00140052916214 JANE REITZ, MFCC COUNSELING FOR JUVENILE DIVERSION 30000 54953 00140052916214 WIN MAXY- SCHUMATE COUNSELING FOR JUVENILE DIVERSION 30000 54891 00140061025204 LIBRARY TECHNOLOGIES BARCODE LABLES 300 DO 54518 00140061035501 DAVIDSON TITLES NON FICTION BOOKS 12810 54787 00140061035501 BAKER TAYLOR ACCT #L125427 FICTION AND NON FICTION BOOKS 2,847 17 54183 00140061035502 BAKER TAYLOR N214023 BOOKS FOR YOUNG PEOPLES LIBRARY 17018 54505 00140061035501 BAKER TAYLOR L125427 FICTION AND NON FICTION BOOKS 61805 54673 WI 40061035502 BAKER TAYLOR N214023 COMPACT DISCS AND AUDIO CASSETTES 95523 54692 00140061035505 BAKER TAYLOR L1069294 FICTION AND NON FICTION - YPL 81373 54789 00140061035505 BAKER TAYLOR L109294 BOOKS FOR MIDDLE SCHOOL 40010 54808 00140061045507 MARSHALL CAVENDISH MATERIALS FOR MIDDLE SCHOOL 14912 54819 00140061045507 DAVIDSON TITLES MATERIALS FOR MIDDLE SCHOOL 25743 54237 00140061045507 BAKER TAYLOR /MIDDLE SCHOOL FICTION AND NON FICTION 15246 53981 00540061035505 BAKER TAYLOR L106294 FICTION AND NON FICTION 40566 Total Purchase Orders Reappropnated for the General Fund 110,127 32 54919 10640082038624 D J CONSTRUCTION MAPLE STREET IMPROVEMENTS 11,602 95 Total Purchase Orders Reappropnated for the Gas Tax Fund 11,602 95 99197 10940031056214 SUPERIOR DESIGN CO, INC FULL TIME CLERICAL POSITION 69680 54823 10940031058104 KUSTOM SIGNALS IN CAR VIDEO MONITORING /BID #9504 61,799 92 54339 10940031058104 LOS ANGELES SHERIFF FINGERPRINT TOUCH PADS 1,77500 52554 10940031058108 VENDOR TO BE DETERMINED 2ND PHASE OF COMPUTER PROJECT 291,655 77 Total Purchase Orders Reappropnated for the Asset Forfeiture Fund 355,927 49 54865 11140027486214 COMMUNITYDEVL CONSULTING CONTRACT SERVICES 6,57500 Total Purchase Orders Reappropnated for C D B G 6,575 00 54779 11240052946216 ANTELOPE VALLEY BUS BUS TRANSPORTATION TO HISTORIC L A 20000 Total Purchase Orders Reappropnated for Prop A Transportation Fund 20000 54617 11640000006214 WYLE LABS CONSULTANT SVCS FOR SOUND INSLATION 273,679 DO 54875 11640000008104 LARSEN DAVIS SYSTEMS INTEGRATED SOUND LEVEL METER 4,99500 54876 11640000008108 ENVIRONMENTAL RESEARCH WORKSTATION FOR SOUND MONITORING 10,550 DO 54877 11640000008109 ENVIRONMENTAL RESEARCH PARCEL AND DATABASE MAPPING SAN 8,10500 Total Purchase Orders Reappropnated for the Residential Sound Insulation Fund 297,32900 54919 11840000008925 0 J CONSTRUCTION MAPLE STREET IMPROVEMENTS 5,20000 Total Purchase Orders Reappropnated for Hyperion Mitigation Fund 5,200 00 54265 30140082018349 NATIONAL GUARDIAN ADA FIRE ALARM SERVICE 9,92600 54793 30140082058303 LA CO OF P W CONSTRUCTION OF PUMP STATION 4,365,375 00 Total Purchase Orders Reappropnated for Capital Improvement Protects (CIP) 4,375,301 00 54419 50340053018934 SO CAL EDISON RELOCATION OF EDISON FACILITIES 150,000 00 Total Purchase Orders Reappropnated for Golf Course Fund 150,000 00 54928 60140000008105 WHEELED COACH RESCUE AMBULANCE 122,00000 54369 60140000008108 AST MEMORY EXPANSION BOARD 24465 Total Purchase Orders Reappropnated for the Equipment Replacement Fund 122,244 65 Total Purchase Order to be Reappropnated 5,434,507 41 M SCHEDULE OF PROPOSED REAPPROPRIATIONS AT 6/30/95 CCOUNT #DESCRIPTION 11ACCOLINT # 11PROJECT DESCRIPTION CONT REAPPROP Capital Improvement Projects 70240081228899 Developer Fees for Fire safety projects not yet determined SLURRY SEAL STREETS 10640082038357 Application of a thin coating of Slurry asphalt 72,136 31 SIDEWALK CURB REPL 10640082038604 Repair tree root damaged sidewalks and curbs 48,209 35 STREET RESURFACING 10640082068619 Rehabilitated streets too damaged to benefit from slurry seal 119,818 39 HVAC CITY HALL 30140082018322 Heating and Air Conditioning system for City Hall 261,907 55 ACCESS IMPRVMTS 30140082018349 Removal of architectural barriers for ADA compliance 71,634 47 MID SCHOOL LIGHTS 30140082028342 New Baseball lighting for Middle School 13,14800 SPORTS LIGHTS RENOV 30140082028354 Recreation Park lighting renovation 29,506 22 SEPULVEDA WIDENING 30140082038614 Addition of one lane in each direction - El Segundo & Rosecrans 320,000 00 UPGRADE SEWER PUMP STA 30140082048309 Refurbishment of sanitary sewer pump station 396,623 02 REPAIR SEWER MAINS 30140082048317 Repair of damaged sanitary sewer mains 222,59423 STORM DRAIN - LOMITA 30140082058359 S D to eliminate existing sanitary sewer connection (design only) 17,209 80 STORM DRAIN - VIRGINIA 30140082058361 S D to eliminate existing sanitary sewer connection (design only) 3,68514 REPAIR ELEV WATER TANK 50140071038212 Painting of elevated water tank 161,13472 REROOF WATER FAC 50140071038225 Installation of new roof at 400 Lomita Street 29,902 98 STATION #2 DOORS 70240081228902 Replace three existing overhead doors at Station #2 14,700 67 RELOCATE ST #2 70240081228907 Construction of new 22,000 sq ft facility, location to be determined 269,540 00 ST #2 EMRG GENERATOR 70240081228936 Replace diesel generator at Station #2 with 40kw generator 37,818 82 EMGER GEN WTR FAC 70240081228938 Furnish and install a 15KW emergency power generator 15,000 00 NASH /DOUGLAS 1 -WAY 70240081418805 Conversion of Douglas and Nash into one way streets 199,810 68 WATER MAIN SEPVIROSE 70840071038919 New 16" water main installation between El Segundo & Hughes Way 250,000 00 Total reappropriations for Capital Improvement Projects 2,554,380 35 Unallocated Developer Fees & Grants SEWERIMPROVEMENT 70230081723972 Unallocated fees for sewer mprovements 11,60000 FIRE - UNALLOCATED 70240081228899 Developer Fees for Fire safety projects not yet determined 23,988 53 POLICE SAFETY UNALLOC 70240081328899 Developer Fees for Police safety projects not yet determined 14,356 79 TRAFFIC - UNALLOC 70240081418899 Developer Fees for Traffic safety projects not yet determined 349,405 41 LIBRARY PLF- UNALLOC 70840081038893 Public Library Trust grant funds not yet assigned to projects 18,172 81 UNALLOC LIBRARY CLSA 70840081048894 CA Library Service Act grant funds not yet assigned to projects 15,896 83 Total reappropriations for Developer Fees and Grants 433,420 37 Special Projects 21,282 71 ILVEDA MAIN 50140071038206 SISTER CITY 00140029016403 Balance at 6/30/95 needed to reimb Guaymas trip 2,34093 CDBG MINOR HOME REPAIR 11140027481248 Funding for Minor Home Repair Loans, unspent balance at 6/30/95 60,156 67 POLICE TRAINING & ED 70840081336223 State funding available for corrections training 6,75067 Total reappropnations for special projects 10,000 00 69,248 27 Total Proposed Reappropriated Projects at 6 -30 -95 3,057,048 99 Total Proposed Purchase Order Reappropriation at 6 -30 -95 (attachment 1) 5,434,507 41 Grand Total Proposed Reapproprlations at 6 -30 -95 8,491,55640 bligated Capital Improvement Projects HALL BASEMENT 10940082018929 Project eliminated 7,50000 :E EXPANSION 10940082018931 Project eliminated 1,913,33442 JOEL BASEMENT 30140082018929 Project eliminated 32,500 00 ER SEAL CITY BLDG 30140082018346 Project is complete 15,063 98 T YARD CLAFIFIER 30140082018352 Project is complete 852 )OF CITY HALL 30140082018369 Project is complete 15,825 24 NALK CURB REPL 30140082036604 Project is complete 21,282 71 ILVEDA MAIN 50140071038206 Reduced scope, with new funding source- see 70840071038919 543,027 05 OVE WEST BASIN FEEDE 50140071038208 Project discontinued 121,336 24 STATION #1 EXPAN 70240081228933 CIPAC recommended discontinuation of project 30,000 00 r DEV SIGNAL SYNC 70240081418815 Study only - project complete 10,000 00 .YIVALLEY PARK 70840082028951 Project is complete 5,23600 IKLIN STORM DRAIN 70840082028965 To be funded by County Grant 500,000 00 :STRIAN OVERPASS 70840082038503 Project is complete 519,621 66 appropriations returned to fund balance for deobligated projects 3,734,735 82 091 EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Repair of Sewer Mains 1994 -95, Specification No. PW 95 -1 (final contract amount : $80,730.65). RECOMMENDED COUNCIL ACTION: 1. Approve Change Order No. 1 in the amount of $11,270.65. 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 July 5, 1995, awarded a contract to Zaich Construction Inc. in the amount of $69,460.00 for the repair of sewer mains at various locations. The work involved excavating the street, repairing the damaged sewer main, backfilling the trench and restoring the street pavement. one of the repair locations was in Rosecrans Avenue, west of Aviation Boulevard, where a partial sewer blockage had been identified during a recent closed circuit television inspection. Excavation at this location revealed that the sewer main had been encased in reinforced concrete for a length of approximately forty (40) feet. There was no record of this encasement. The Contractor was directed to proceed with the removal of the encasement in order to access the damaged sewer main. This work, which was beyond the scope of the contract, cost $11,270.65, based on Contractor's actual labor and equipment charges. Staff is requesting City Council approve Change Order No. 1 to compensate the Contractor for his work. Sufficient funds are available in the project budget to pay for the Change Order. All work has now been satisfactorily completed. Staff is recommending City Council accept the work. The final contract amount including Change Order No. 1 is $80,730.65. ATTACHED SUPPORTING DOCUMENTS: 1. City map showing sewer main repair locations. City Engineer's Notice of Completion. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: i ZL. Yes $11,270.65 $384,000.00 S 40.000.00 Date: 10/25/95 301 - 400 - 8204 -8317 Acceptance of Work r% 092 p 9A1� r 1e a o r t � J < r 4 t C W 2 J S W s < Y Al N O J M W J W N Z N O J Y O y _ Y F1 p O Ot ani 11 Ntrii MO My S.-O - 'MY w a 9 Ne 911 ii tloealll at eal"l"tt. it "sees it vm"Al1W3 is a iN as NM" IS eRless is MIt9WN 4s eit111" As gami is V"sls L ells. it ""laws �t W "1111 1111- 91M.iNMa nt a11Neos u ilea is aeMY9W u 4,,03.03 is e011991A As 94,41". It WARN t.al I1 4/11131101 V 1 W � V O u s •tli tt4 ee11W1Ae AN saW. _ N.ii ii liil� ia:ae•.. .. W ii=�Y.IV•Y. a..si sir Z f I11Mfs 00 f71Ni f01 M )NYON1MiN /O 11 jr _� : i y aAy 00710 Ntt a I- 13 1111 O i PI E i� s4,. 4.elt. Frtti _J w . . I44191.9. .T. C- slat. 01. ". j s E eu ! ! p 9A1� r 1e a o r t � J < r 4 t C W 2 J S W s < Y Al N O J M W J W N Z N O J Y O y _ Y F1 p O Ot ani 11 Ntrii MO My S.-O - 'MY w a 9 Ne 911 ii tloealll at eal"l"tt. it "sees it vm"Al1W3 is a iN as NM" IS eRless is MIt9WN 4s eit111" As gami is V"sls L ells. it ""laws �t W "1111 1111- 91M.iNMa nt a11Neos u ilea is aeMY9W u 4,,03.03 is e011991A As 94,41". It WARN t.al I1 4/11131101 V 1 W � V O u s •tli tt4 ee11W1Ae N Aleieal. is BN"W" . iie 0. red if. _e � �i. • • 093 Iq • • ■ W J W :21 G AN saW. _ W Z e1AlM /s i t!i= 1111 O s4,. 4.elt. I44191.9. .T. slat. 01. ". 17W1t1 N Aleieal. is BN"W" . iie 0. red if. _e � �i. • • 093 Iq • • ■ W J W :21 G 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 . Repair of Sewer Lines, 1994 -1995 Project No PW 95 -1 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 Public street right -of -way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on 10/13/95 The work done was Repair of sewer lines 6 On 11/7/95, 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• Zaich Construction, Inc. 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 N/A 9 The street address of said property is Various streets 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 Notice 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 1995 at El Segundo, California Bellur K Devaraj, City Engineer City of El Segundo MNOTCMP474 (10127195) 094 EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of Change Order No. 1 and appropriation of additional funds for the Re- coating of Interior and Exterior Surfaces of Elevated Steel Water Tank at 400 Lomita Street, Specification No. PW 94 -10 (change order amount $10,981). RECOMMENDED COUNCIL ACTION: Authorize appropriation of $10,981 from Water Enterprise Funds. Approve Change Order No. 1 in the amount of $10,981. BRIEF SUMMARY: On July 5, 1995, the City Council awarded a contract in the amount of $157,400 to Robison - Prezioso Inc. for re- coating of the City's elevated steel water tank. During the surface preparation work for the tank shell deficiencies at fourteen (14) locations were identified on the top of the tank. These deficiencies range from corroded vent pipe connections to corroded steel areas. The deficiencies became visible after the sandblasting of the areas. Staff has inspected these areas and recommends repair prior to proceeding with the coating work. The proposed repair includes removal of corroded areas and strength- ening the deficient areas by structural welding. This is the appropriate time to perform the repairs since the scaffolding structure erected for the re- coating work can be utilized to access the repair areas. The Contractor has provided a quotation of $10,981 to repair the problem areas. Staff has reviewed the proposal and is of the opinion that deferring the repairs would result in a more expensive repair at a later date. Currently the budgeted $175,000 is allocated to the contract cost, inspection costs and contingencies. Staff is requesting City Council approval of Change Order No. 1 and the appropriation of $10,981 from Water Enterprise Funds to finance the Change Order. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget% Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: S 10.981 5175,000 -0- Date: 10/30/95 501- 400 - 7103 -8212 Under Construction 095 EL SE�UNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Completion of Phase I, System Design - Request For Proposal for the 911 Public Safety Communications project RECOMMENDED COUNCIL ACTION: Authorize staff to release the Request For Proposal to interested vendors BRIEF SUMMARY: On January 17, 1995, City Council gave approval for the City to enter into an agreement with The Aerospace Corporation to design and write specifications for a state of the art 911 public safety communications center Their efforts have concluded and the result is the Request For Proposal which outlines the various components in detail as well as the contract documents The City Attorney, city staff and staff from Manhattan Beach and Hermosa Beach who are taking part in this study have reviewed the RFP and agree to it's form and content By releasing the RFP, Phase I, System design is complete and the City will be able to obtain responses from vendors and allow staff to assess that all specifications are met The City will also obtain firm monetary figures pertaining to the cost of such a venture and be able to assess the fiscal impact As part of their original agreement, The Aerospace Corporation will provide technical assistance in reviewing the responses At the completion of the assessment period, staff and the consultant will provide the City Council with the results of the Request For Proposal and agendize this project for future consideration in February, 1996 The release of the RFP and the bidders response conclude Phase I and fulfills the City Council directive of January 17, 1995 ATTACHED SUPPORTING DOCUMENTS: Request For Proposal Staff Report, dated October 27, 1995 by Tim Gnmmond, Chief of Police FISCAL IMPACT: (Check one) Operating Budget: XX Capital Improv. Budget: Amount Requested: $ 0 Project/Account Budget: $ 180.000 Project/Account Balance. $ 90.000 Date: 10127/95 Account Number: 109 -400- 3105 -6214 Protect Phase: One Appropriation Required -Yes_ No_ ORIGINATED: Date: October 27, 1995. Jake Nielson, Fire Chief �✓ Date: James W TAKEN: 096 a4f of & (2Yey��do INTER - DEPARTMENTAL CORRESPONDENCE October 27, 1995 To: James W. Morrison, City Manager From* Tim Grimmond, Chief of Pol' e Subject: Request to Release R.F P. - 911 Communications Project It is proposed that the City Council authorize the Director of Finance to release the Request For Proposal prepared by The Aerospace Corporation relating to the 911 communications protect This will allow for definitive costs to be associated with the protect which will assist in the final decision making process In January 1995, City Council authorized a study be conducted by The Aerospace Corporation for the design, specifications and procurement package for a new 911 Public Safety Communications Center. The cost of the study was $90,000 and was to be divided equally with the city of Manhattan Beach Since then, the city of Hermosa Beach entered into the study reducing the costs to $33,750 for El Segundo and Manhattan Beach (37% each) and $22,500 for Hermosa Beach (25 %) During the past six months, The Aerospace Corporation has accomplished the following tasks to facilitate developing and designing the project Learn the existing operational procedures Call loading and work analysis Dispatch center site visits Facility design study Presented a radio technology seminar to the users Requirements Review with users Frequency allocation studies Budding penetration tests RCC visits and interviews Baseline the current system Technology survey Vendor site visits Hosted numerous CAD and MDC demonstrations Trunkmg Simulation studies Radio coverage studies The R.F P is delineated into 5 system components- Mobile Data Computers, Radios, Computer Aided Dispatch, Telephone System and System Interfaces The process we selected to utilize is one of a Prime Contractor who will bid the project as one complete system to insure responsiveness, accountability and overall system reliability 097 Page 2. R F.P Release Request A proposed chronological order of events is as follows- The R F.P. will have a 60 day return date. One week after release the City, assisted by The Aerospace Corporation, will host a proposers conference of all interested vendors so that any specific questions can be answered in an open forum environment Upon receiving the proposals in mid - January, a committee of technical staff from Aerospace along with representatives from the participating cities will review the technical and management portions of the proposals and assign a rank order The costs of the proposals will not be made available to this committee so as not to influence their decision This will take one to two weeks depending on the number of proposals received. The various city managers, fire and police chiefs and The Aerospace Corporation staff will then review the report of proposals and match the costs associated with same to arrive at an acceptable product level which balances requirements and costs. The last step will be to conduct site visits of those vendors who are to be recommended and to finalize any interface areas which may still be suspect In March of 1996, we will make a final presentation to the City Council The presentation will contain actual costs to be associated with the project Mark Hensley, City Attorney has reviewed the R F P and has addressed the legal and contractual issues associated with its' release The projected operational date for the Communications Center is March 1, 1997 This would allow for El Segundo to-give notice of termination to the RCC by March 31, 1997, with a termination date of June 30, 1997 In summary, the release of the R F P and the bidders subsequent responses and associated costs conclude Phase I, system design, which complies with the City Council direction of January 1995 EL SEGUNDO PTY COUNCIL AGENDA ITEM STATEMENT MEETING DATE:November 7, 1995 HEADING: New Business - City Mane Resolution of Intention to approve an Amendment to Contract between the Board of Administration of the Public Employees Retirement System and the City Council of the City of El Segundo that implements 2% at 50 retirement formula as required by the Firefighters Association 1992 -95 Memorandum of Understanding Fiscal Impact Increase in city paid employee retirement contribution, $33,750 on an annualized basis Anticipated 1 497% increase in employer retirement contribution rate, as determined by PERS, does not go into effect until July 1, 1997 RECOMMENDED COUNCIL ACTION: 1 Read Resolution by title only 2 Adopt Resolution 3 Provide for first reading and introduction of the Ordinance BRIEF SUMMARY: Under Public Employees Retirement Law, certain optional contract provisions are available to contracting agencies Adoption of the Resolution of Intention and reading of the Ordinance is required to amend the City's contract with the Public Employees Retirement system (PERS) to provide 2% at 50 full formula for those Fire Department members who are currently under the 2% at 55 full formula Thirty employees are currently under the 2% at 55 formula Amendment of the City's contract with PERS to provide the 2% at 50 retirement formula for all sworn members of the Fire Department is required by Section 6 of the 1992 -95 Memorandum of Understanding between the City of El Segundo and the El Segundo Firefighter's Association The result of this contract amendment will be to eliminate the current two -tier retirement plan in the Fire Department and equalize retirement benefits for all sworn personnel Similar actions of the City Council in 1992 resulted in the elimination of the two-tier retirement plan in the Police Department The 2% at 55 safety retirement plan is funded by a 7% city paid employee contribution The 2% at 50 safety retirement plan is funded by a 9% city paid employee contribution Based upon the cost analysis conducted by the PERS Actuarial Office, the anticipated increase in the City's employer contribution rate for safety personnel would be 1497%, but is not scheduled to go into effect until July 1 1997 However, the valuation conducted by PERS was based upon an employee census and actuarial assumptions as of June 30, 1994, and the actual employer contribution rate as of July 1, 1997 may vary based on subsequent data and assumptions ATTACHED SUPPORTING DOCUMENTS: Resolution of Intention and Ordinance, prepared by PERS Actuarial office FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $33.750 ProjecUAccount Budget: ProjecUAccount Balance: Date: Account Number: 001 - 4004201.4101 Project Phase: Funds included in FY 1995/96 Budget Appropriation Required -Yes— No X ORIGINATED: Date: October 24, 1995 Bob Hyland, girector of Human Resources/Risk Management uate: // Z-y James W-fdornsc ACTION TAKEN: W.] RESOLUTION NO. A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contact, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice to its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract, and WHEREAS, the following is a statement of the proposed change To provide 2% @ 50 Full formula (from 2% @ 55 Full formula) applicable to local fire members who entered membership on or after April 3, 1982 NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof 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 7th day of November, 1995 Carl Jacobson, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Leland C Dolley, City Attorney m.2%050,0 rM EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993 and January 8, 1994, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows A Paragraphs 1 through 13 are hereby stricken from said contract as executed effective January 8, 1994, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members 2 Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such ' as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement a Local Fire Fighters (herein referred to as local safety members), b Local Police Officers (herein referred to as local safety members), c Employees other than local safety members (herein referred to as local miscellaneous members) In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System NO ADDITIONAL EXCLUSIONS 100 PLEASE DO NOT SIGN "EXHIBIT ONLY" Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975 The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21251 13 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage for members whose service has been included in Federal Social Security (2% at age 60 Full and Modified) The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252 01 of said Retirement Law (2% at age 50 Full) Public Agency elected and elects to be subject to the following optional provisions. a Sections 21263/21263 1 (Post - Retirement Survivor Allowance) for local safety members only b Section 21382 (Basic Level of 1959 Survivor Benefits) pursuant to Article 6 (commencing with Section 21380). c Section 21222 1 (Special 5 % Increase - 1970) Legislation repealed said Section effective January 1, 1980 d Section 21222 2 (Special 5 % Increase - 197 1) Legislation repealed said Section effective January 1, 1980 e Section 20930 3 (Military Service Credit as Public Service) Statutes of 1976 f Section 20024 2 (One -Year Final Compensation) g Section 20461 6 (Different Level of Benefits) Section 21252 01 (2% @ 50 Full formula) is not applicable to local fire members entering membership on or after April 3, 1982 h Section 21382 4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6 (commencing with Section 21380) for local police members only Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System 101 10 Public Agency shall also contribute to said Retirement System as follows Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382 4 of said Retirement Law (Subject to annual change ) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11 Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law 12 Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board B This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CHIEF A OTUARY PUBLIC EMIWQYEES' RETIREMENT SYSTEM s% 2, AMENDMENT PERS- CON -702A (Rev 3/95) e day of , 19_ CITY COUNUL OF THE l CITY OF EL *UNDO dO BY Presiding Officer O S Witness Date f Attest s Clerk 0 )n? ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law, and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract NOW THEREFORE, the City Council of the City of El Segundo does ordain as follows SECTION 1. To provide 2% @ 50 Full formula (from 2 % @ 55 Full formula) applicable to local fire members who entered membership on or after April 3, 1982 SECTION 2. The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law _ PASSED, APPROVED and ADOPTED this day of 1995 Carl Jacobson, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (Seal) APPROVED AS TO FORM: Leland C Dolley, City Attorney 2%0e w EL SEGUNDO CITY COUNCIL MEETING DATE: November 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk, New Business Resolutions calling for and adopting regulations for Candidates' Statements for a Municipal Election, April 9, 1996. 1 Resolution calling and giving notice of the holding of a general municipal election 2 Resolution requesting County Services. 3 Resolution adopting regulations for Candidates' Statements. 4. Resolution ordering the Canvass of the General Municipal Election. RECOMMENDED COUNCIL ACTION: 1 Discussion 2. Read Resolutions by title only 3 Adopt Resolutions The Municipal Election for Council members, City Treasurer, and City Clerk is to be held April 9, 1996. To proceed with the regulations set forth by the Government Code, these resolutions should be adopted before the opening of nominations beginning December 18, 1995 and ending January 12, 1996 (extended date January 17, 1996 if an incumbent does not file) Resolution calling the election Resolution requesting County Services Resolution adopting regulations for candidate statements Resolution ordering Canvass Election Calendar FISCAL IMPACT: (Check one General Fund XX Amount Requested: $32,370 Account Balance: $32,370 Date: FY 95196 budget James W Morrison, City Manager 0 104 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provision of the laws relating to general law cities in the State of California a General Municipal Election shall be held on April 9, 1996, for the election of Municipal Officers NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of California relating to General Law Cities, there is called and ordered to be held in the City of El Segundo, California, on Tuesday April 9, 1996, a General Municipal Election for the purpose of electing three Members of the City Council, a City Clerk, and a City Treasurer, for the full term of four years, SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock A.M. of the day of the election and shall remain open continuously from that time until eight o'clock P M. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal electrons. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, and manner as required by law. SECTION 7. That the City Clerk shall certify to passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER, 1995. Carl Jacobson, Mayor of the City of Ell Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: clv City Atto ey n 105 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO HELD ON TUESDAY, APRIL 9, 1996. WHEREAS, a General Municipal Election is to be held in the City of El Segundo, California, on April 9, 1996, and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of El Segundo, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVED, DECLARE, DETERMINE AND ORDER AS FOLLOWS; SECTION 1. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer records of the names and address of all eligible registered voters in the City in order that the City may print labels to be attached to self -mailer sample ballot pamphlets, and will also furnish to the City printed indices of the voters to be used by the precinct board at the polling place, and will make available to the City additional election equipment and assistance according to state law. SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER, 1995. APPROVED AS TO FORM: City Attorney Carl Jacobson, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) n ♦ A A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR THE ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to material prepared by any candidate for a municipal election, including costs of the candidates statement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate of elective office to be voted for at an Election to be held in the City of El Segundo, on April 9, 1996 may prepare a candidate's statement on an appropriate form provided by the City Clerk The statement may include the name, age, occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5.00 P.M of the next working day after the close of the nomination penod SECTION 2. The City Clerk shall have translated and printed in the voters pamphlet only the candidates' statements of those candidates who request translation and printing. SECTION 3. No Candidate will be permitted to include additional materials in the sample ballot package SECTION 4. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidates' statements filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet The City Clerk shall bill each candidate for any cost in excess of the deposit or shall refund within 30 days of the election any unused portion of the deposit SECTION S. The City Clerk shall provide each candidate or the candidates' representative a copy of this Resolution at the time the nomination petitions are issued. SECTION 6. That all previous resolutions establishing Council Policy on payment of candidates' statements are repealed. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions PASSED, APPROVED AND ADOPTED ON THIS SEVENTH DAY OF NOVEMBER 1996. Carl Jacobson, Mayor City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: City Attorney 0 107 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 9, 1996, BY THE CITY CLERK. WHEREAS, a General Municipal Election will be held and conducted in the City of El Segundo, California, Tuesday, April 9, 1996 as required by law, and WHEREAS, the City Council desires the canvass of the election to be made by the City Clerk, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the General Municipal Election to be held is ordered to be made by the City Clerk. SECTION 2. That this resolution shall apply at the next ensuing municipal election only. SECTION 3. That the City Clerk shall complete the canvass of the election within seven (7) days after the election, and shall certify the results to the City Council within seven (7) days after the election. SECTION 4 That Resolution 38743, and all previous resolutions ordering the Canvass of the General Municipal Election are repealed SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON THIS 7TH DAY OF NOVEMBER. 1995. ATTESTED: Cindy Mortesen, City Clerk City of El Segundo, California (SEAL) APPROVED AS TO FORM: City Attorney 1 Carl Jacobson, Mayor of the City of El Segundo, California 0 108 CITY CLERK �E4L5 SEGUNDO, CALIF. GENERAL MUNICIPAL ELECTION TUESDAY, APRIL 9, 1996 L.AWs IN EFFECT IN 1995 December 4, 1995 Council To Adopt Resolutions (E — 127) November 1 Suggested Last Day To File Petitions Regarding Measure (E — 160) December 4 — December 18 Publish Notice Of Election (E — 127 To 113) December 11 Last Day To Adopt Regulations For Candidates Statements (E — 120) December 18 — January 12 Filing Period For Nomination Papers (E — 113 To 88) December 22 Suggested Last Day To Call Election For Ballot Measures (E — 109) Last Day To File Campaign Expenditure Statement — Measures December 22 Post Notice Of Deadline For Filing Arguments (E — 109) January 2 Suggested Last Day To File Arguments (E — 98) January 12 Suggested Last Day To File Rebuttal Arguments (E — 88) January 12 Last Day To File Nomination Papers (E — 88) January 17 Last Day To File Nomination Papers • Extension (E — 83) January 18 Secretary Of State To Determine Order Of Names On Ballot (E — 82) Publish Notice Of Nominees January 25 Last Day To Cancel Election — Insufficient Candidates (E — 75) February 8 Last Day To Submit Precinct Consolidations To County (E — 61) February 8 Suggested Last Day To Appoint Election Officers & Polling Places (E — 61) February 12 — March 26 Filing Period For Wnte —in Candidate (E — 57 To 14) February 29 Last Day To File Campaign Expenditure Statements (E — 40) March 11 Last Day To Register To Vote (E — 29) March 11 — April 2 Voters May Request Absentee Ballots (E — 29 To 7) March 19 Last Day To Mail Sample Ballots And Polling Place Notices (E — 21) March 20 Last Day To Publish Notice Of Election Officers & Polling Places (E — 20) March 28 Last Day To File Campaign Expenditure Statements (E — 12) March 30 Publish Notice Of Central Counting Place (E — 10) April 3 — April 9 Emergency Absent Voting Period (E — 6 To E) Apnl 5 Suggested Last Day To Post Notice — Absentee Canvass (E — 4) April 8 Last Day To Order Canvass By City Clerk (E — 1) Apnl 8 Last Day For Council To Adopt Procedures To Resolve Tie Vote (E — 1) April 9 Electlon Day (E) APO 9 CLOSE OF POLLS Last Day To Receive Absent Voter Ballots (E) Apnl 9 CLOSE OF POLLS Clerk To Canvass Absent Voter Ballots (E) Apnl 16 Clerk Or Council To Canvass Retums (E + 7) May 16 Last Day To File Statement Of Economic Interests (E + 37) July 31, 1996 Last Day To File Campaign Expenditure Statements Apnl 1, 1997 Last Day To Submit Report On Measures To Secretary Of State MARTIN 8 CHAPMAN CO . 1951 Wfflow CIRCLE • ANAHEIM, CA 92806{028 714/939.9866 . FAx 714/939.9870 iiiavr 1a ) 0 lcq MICHAEL D. ROBBINS, Councilman November 1, 1995 James Morrison City Manager, City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 607 -2226 (voice), (310) 322 -7137 (fax) Dear CAF. McFdsen, Jim The following are agenda items for the 7:00 PM open session City Council Meeting on Tuesday, November 7,1995: (1) Accept October 17, 1995 donation of two autographed hard cover books, Stopping Power — Why 70 Million Americans Own Guns, and Self Control Not Gun Control, from distinguished author J. Neil Schulman, valued at $47.90, and make them a permanent part of the El Segundo Public Library circulation collection. Accept donation of two autographed books from author J. Neil Schulman and make them a permanent part of the El Segundo Public Library circulation collection. (2) Report on the League of California Cities (LOCC) Annual Conference and Business Meeting, including a brief overview of seminars, and a report on the LOCC action preventing a membership vote on the LOCC Board of Directors endorsement of California Police Chiefs Association position paper 95 -1 and its recommendations that would result in firearms registration, licensing, ban and confiscation. W J � Discussion and possible action. 350 Main Street, El Segundo, California 90245 -0989 Phone (310) 322 -4314 FAX (310) 322 -4314 Page 1 of 2 0 r, 1. n (3) Feasibility of a Good Government measure sponsored by the City, for submission to the voters, that would limit the duration of certain types of contracts to a maximum of four years and require that other types of contracts contain provisions allowing the City to cancel the contract after four years or at four year intervals. Discussion and possible action. (4) School Board's eviction of the Girl Scouts from the Madsen house and related School Board violations of the 3.75 million dollar Restated Joint Use Agreement, and of the $400,000 agreement for the City's use of the Madsen house and other Richmond Street School property. Discussion and possible action. Michael D. Robbins Councilman, City of El Segundo 41/1/95 City of EI Segundo Page 2 of 2 Councilman Michael D. Robbins 0 111