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1995 SEP 19 CC PACKET-2
EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Proposed Executive Management and Mid- Management/Confidential Salary Adjustment Fiscal Impact $45,239 annualized total compensation cost Funds are available in the City's FY 1995 -1996 Budget for the 164% salary adjustment RECOMMENDED COUNCIL ACTION: Adopt Resolution BRIEF SUMMARY: Executive Management and Mid- Management/Confidential positions are reviewed annually by the City Council for possible salary and /or benefit adjustments The last salary adjustment received by these employees was a 2% increase, effective July 1, 1994 Memorandums of Understanding between the City of El Segundo and the Supervisory and Professional Employees Association and the General Employees Association provide for 164% salary increases for their respective memberships Adoption of the attached resolution would provide the same 164% salary adjustment for the City's unrepresented Executive Management and Mid- Management/Confidential Employees The effective date of the proposed salary adjustment is August 19, 1995 ATTACHED SUPPORTING DOCUMENTS: Resolution prepared by Human Resources Department staff FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $45.239 BUDGETED 1 64% Project/Account Budget: $45.239 SALARY INCREASE Project/Account Balance: $45.239 Date: 7/1/95 Account Number: Various Project Phase: Appropriation Required -Yes_ No X ORIGINATED: Date: September 6, 1995 Bob Hyland, Director of Human Resources /Risk Management RE IEW§D BY: Date: AGENDA 237 ' -/ 3- l - "' 100 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR CHANGES TO CHAPTER 1A2 (MANAGEMENT - CONFIDENTIAL SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE WHEREAS, Executive Management and Mid- Management/Confidential level positions are reviewed annually for possible adjustments to salaries and /or benefits, and WHEREAS, Memorandum of Understanding between the City of El Segundo and the General Employees' Association and the Supervisory and Professional Employees' Association provide for 1 64% salary increases for their respective memberships NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of El Segundo as follows, Section 1 Sections 1A2 000 and 1A2 010 of the El Segundo Administrative Code, entitled "Schedule of Classes by Series" and "Basic Salary Schedule" respectively, shall be modified to reflect a 1 64% salary increase, effective August 19, 1995, for all Executive Management and Mid- Management /Confidential Employees Section 2 The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 19th day of September, 1995 Carl Jacobson, Mayor of the City of El Segundo, California ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Leland C Dolley, City Attorney RES2SLRY mgt 114- c� 3 ? - ©© a, ,Oct 101 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: NEW BUSINESS CITY MANAGER AGENDA DESCRIPTION: Authorize the City Manager to enter into Indemnification/Hold Harmless Agreements between the El Segundo Fire Department and Police Department and El Segundo property owners for the exclusive purpose of Fire and Police Department training (contains amended language) RECOMMENDED COUNCIL ACTION: 1) Grant authority to the City Manager to enter into Indemnification/Hold Harmless Agreements 2) Approval of amended general Indemnification /Hold Harmless Agreement form BRIEF SUMMARY: In order to meet Fire and Police Department training goals, the two Departments participate in training activities at various sites throughout the City Often, these sites are privately owned properties By using these properties for training, the Fire and Police Departments are able to provide unique training situations and simulations which cannot be duplicated at City facilities Both Departments have participated in various training exercises of this type throughout their history Many times, this training is accomplished without an Indemnification /Hold Harmless Agreement However, in recent years, property owners have begun to require this type of agreement more often Council approval has always been required prior to entering into these agreements The Departments encounter the following situations that warrant a more efficient method of obtaining these agreements One situation involves property that is due for demolition These structures provide some of the best tactical training for Police Officers and Firefighters They provide the opportunity to simulate fire, rescue and tactical law enforcement situations However, the owners of these properties want to demolish their buildings quickly, usually within a few days of obtaining a demolition permit When they agree to allow us to utilize the structure, it is often only for a few days, and usually without much prior notice This situation does not afford us enough time to prepare a staff report for Council approval prior to the demolition In 1993 the Fire and Police Departments had two opportunities disappear because of situations such as this Authorizing the City Manager to enter into Indemnification /Hold Harmless Agreements will allow us to expedite this process for more favorable results Another situation involves properties the two Departments use for training exercises on a fairly regular basis, i e , Chevron, Hughes, Allied, Edison Some require an agreement, however, it is usually only good fora few days In addition, these sites will host training exercises and will invite the Fire and Police Departments to participate However, prior notice is usually only a week or two, limiting the time frame available to submit an agreement for Council approval By allowing the City Manager to enter into an Indemnification/Hold Harmless Agreement, the Departments can set the beginning and ending dates for occupancies that allow the Departments to train on a regular basis This will provide greater efficiency as we will not be going back for Council approval on recurring agreements, and training can be scheduled in a more timely manner By authorizing the City Manager to enter into Indemnification/Hold Harmless Agreements, the Fire and Police Departments can provide enhanced training to its members while reducing paperwork and increasing efficiency The Indemnification /Hold Harmless Agreement has been reviewed and approved, as to form, by the City Attorney ATTACHED SUPPORTING DOCUMENTS: 1 Original Indemnification/Hold Harmless Agreement 2 Amended Indemnification /Hold Harmless Agreement FISCAL IMPACT: None. (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: James W Morrison, City Manager ACTION TAKEN: • - W INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement is made and entered into this day of (month), 19 by and between the City of El Segundo, a municipal corporation, hereinafter called "City"and , hereinafter called "Owner" for a term starting 19 and ending , 19 (total length not to exceed one calendar year), and WHEREAS, the owner of the premises commonly described as located at (Hereinafter "Premises "), and _ (describe property) (address of property) WHEREAS, the Fire and Police Departments of the City of El Segundo have a need for facilities to be used in their Training Programs, and WHEREAS, the owner agrees to allow use of the premises between said dates as specified herem for such training, and WHEREAS, City and owner are mindful of the liability exposure by owner and City desires that the owner not be held liable for the actions of any El Segundo Firefighter or Police Officer while in the course of such training NOW, THEREFORE, the parties hereto mutually agree as follows 1 Indemnification/Hold Harmless Clause In consideration for the use of the premises so described above, the City hereby agrees to mdemmfy, hold harmless and defend at its expense owner, its officers, agent and employees from any and all claims, actions, losses, damages, charges, expenses or attorneys' fees to which owner may be put on or arising out of, or resulting from any negligent action or omission or failure to act on the part of the City, its employees, contractors or anyone employed by any of them, arising out of injuries or damages as a result of the training exercises and /or related activities engaged in by the City Fire Department and Police Department personnel on the premises 2 Termination This agreement shall automatically terminate at the end date described above, or may be terminated sooner by either party for any reason and at any time Notice to termmate this agreement shall be given in writing Termination shall be effective upon expiration of 24 hours following delivery of notice to the non - terminating party IN WITNESS WHEREBY, the parties hereto have executed and entered into this agreement as of the above written date Owner/Responsible Party By Title City of El Segundo (City Manager) By Title 103 e INDEMNIFICATION AND HOLD HARMLESS AGREEMENT This Agreement is made and entered into this day of (month), 19 by and between the City of El Segundo, a municipal corporation, hereinafter called "City" and , hereinafter called "Owner" for a term starting 19 and ending 19 (total length not to exceed one calendar year), and WHEREAS, the Owner of the Premises commonly described as located at (Hereinafter "Premises "), and _ (describe property) (address of property) WHEREAS, the Fire and Police Departments of the City of El Segundo have a need for facilities to be used in their Training Programs; and WHEREAS, the Owner agrees to allow use of the Premises between said dates as specified herein for such training; and WHEREAS, City and Owner are aware of the potential liability associate with the Training Programs and the City's desire that the Owner not be held liable for the actions of any El Segundo Firefighter or Police Officer while in the course of such training NOW, THEREFORE, the parties hereto mutually agree as follows Demolition of Structures on Premises It is intended that the following structures located on the Premises will be partially or completely damaged as a result of the City's training Indemnification/Hold Harmless Clause. In consideration for the use of the Premises so described above, the City hereby agrees to indemnify, hold harmless and defend at its expense Owner, its officers, agent and employees from any and all claims, actions, losses, damages, charges, expenses or attorneys' fees to which Owner may be put on or ansing out of, or resulting from any negligent action or omission or failure to act on the part of the City, its employees, contractors or anyone employed by any of them, ansing out of injuries or damages as a result of the training exercises and/or related activities engaged in by the City Fire Department and Police Department personnel on the Premises. This indeminication/hold harmless clause shall not not extend to the value of any structures located on the Premises that City and Owner intend to be damaged as set forth above and City and Owner do not intend that Owner shall be compensated for such damage in any manner whatsoever. 2 Termination This agreement shall automatically terminate at the end date described above, or may be terminated sooner by either party for any reason and at any time Notice to terminate this agreement shall be given in writing Termination shall be effective upon expiration of 24 hours following delivery of notice to the non- terminating party IN WITNESS WHEREBY, the parties hereto have executed and entered into this agreement as •' 104 of the above written date. Owner /Responsible Party By _ Title City of El Segundo (City Manager) By. Title H 105 EL SEGUNDO CITY COUNCIL MEETING DATE: 9/19/95 AGENDA ITEM STATEMENT AGENDA HEADING: New Business, City Manager AGENDA DESCRIPTION: Proposal to modify the existing Residential Sound Insulation Program to permit citizen participation (20 %) in support of the program RECOMMENDED COUNCIL ACTION: 1 Discuss the proposal 2 Take action as appropriate on the proposal BRIEF SUMMARY: On June 1, 1993 the City Council approved the Residential Sound Insulation (RSI) Program That program was based on a matching grant plan with the FAA providing initial grants for 80% of program support and the Los Angeles Department of Airports ( LADOA) providing matching grants applicable as the community's required 20% contribution This program has come to an impasse in that the LADOA will not authorize funding in accordance with its matching grant program (BOAC Resolution No 18062), and have offered local jurisdictions no alternative program The City has ben granted in excess of $2 8 million in FAA funds to date of which approximately $350 thousand has been spent, most of it being applied to the purchase and renovation of the Demonstration House In May 1995 the FAA allocated an additional $1 million That allocation was conditional upon the establishment of an agreement with LADOA or some other funding source for the 20% match for their grant funds The new program had to be in effect by September 2, 1995 On August 8, 1995, the City Council approved a new RSI program which permits the residents participating in the program to support the program by paying 20% of the cost for their insulation There was a strong response from the residents with over 160 applying to participate in the program which will insulate approximately 50 residences The FAA received the plan and an application for the new program on August 28 All verbal exchanges up to that date between the City and the FAA indicated that the allocated grant would be executed On September 11, the FAA informed the City that the $1M had been reallocated to Reno -Stead Airport in Nevada The reason given was that Reno -Stead had assumed a pressing priority status It was recommended that the City spend its existing grant funds by modifying its FAA/LADOA matching grant program to reflect our current citizen - participation program format In doing so we will be demonstrating our ability to operate a RSI program effectively and will be viewed as a more viable contender for future FAA funds We are eligible for new funding in October 1995 and if we show progress in our conversion of our old FAA/LADOA program to a citizen - participation program, it is likely that we will receive an allocation of not less than $1 million For this reason it is recommended that the City Council approve modifying the conditions of the original RSI program to permit citizen participation (20 %). With Council's approval, permitting recipients of RSI to fund 20% of the program, the City will reactivate the original phase of the program, making necessary program modifications and begin insulating At present approximately 25% of the residents who applied to participate in the FAA/LADOA funded program have applied to participate in the new program, funding 20% of insulation they receive The City's contract with Wyle Laboratories will have to be modified to permit the dimensional and acoustic assessment of the homes of new RSI applicants These contract changes will be brought to the Council for approval if the recommended program modification is authorized ATTACHED SUPPORTING DO UUM ENTS: 1 El Segundo City Council Agenda Packet for Residential Sound Insulation of June 1, 1993 2 El Segundo City Council Agenda Packet for Residential Sound Insulation of August 8, 1995 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: NO Amount Requested: DIRECT Project /Account Budget: FISCAL Project /Account Balance: Date: IMPACT Account Number: Project Phase: Appropriation Required - Yes_No_ °' 106 �%r Na IJ—. —_ Harvey G Holden, Secretary, El Segundo Noise Abatement Committee Morrison, City Manager ap 107 h o, a, m d w 0 d o a U A o d b � a�i v = � i m obi m Q � •y � O 'b m'�" rn > ttl d Z N N i Q .ii r. O y Z -0 L z- O= c d d Q = h O w d G L ° e ° W Q " 60 n: o y 13 _ Q V Y u C3 C O a = N E C O V Q Q cu cc po -Z .� O Q L u Co ° e o n a Q y 3 3 i m y e o is m y o o a °.' -yZ ,z ° eo Q y y L yco `ry ti > s o F ej y 'i o O° c aye y m i O "E, .°' V O d S'� y Q ,z Q CL h �. q Z ts 0 o C ^D £ o e °' = d o L a h U o Q d o� o wa "Ou H= e" Z x e ti 3.. 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Q ) \j \ � / S 24. d° / u §k ) \ : J �})\ k � \\ }a }_ 114 41266.6 •` 115 LED 1 2 DA=- ST4zc of CALIFORMA 3 DEpARnixN: OF TRAM PDRUTM 4 >A 1 YHL .71y/ L2S�lat�r �dmm4tnlrve Bnnov Clair 5 BEFORE THE DEPARTMENT OF TRANSPORTATION 6 OF THE STATE OF CALIFORNIA 7 8 9 In the Matter of the Statement of ) No. L -49709 Issues Regarding the Application } 10 of: ) 11 LOS ANGELES DEPARTMENT OF AIRPORTS ) ) FOR LOS ANGELES INTERNATIONAL ) 12 AIRPORT, } Respondent. ) 13 ) 14 15 DECISION 16 DEPARTMENT OF TRANSPORTATION 17 18 19 20 21 22 23 24 11111 25 26 27 28 8YV5 RECEIVED -1- OATE� � ENDURED r�I +�M� •` 115 41266.6 1 The California Department of Transportation (the "Department ") 2 makes the following findings of fact and determination of the issue 3 and renders its decision with respect to the above - entitled matter 4 as follows: 5 I. 6 The Los Angeles Department of Airports filed its application 7 for a variance to Section 5062 of the Noise Standards (California • 8 Code of Regulations, Title 21, Chapter 2.5, Sub - chapter 6, Sections 9 5000 through 5090) requesting a variance from regulations 10 administered by the Department by cover letter dated February 21, it 1986, received by the California Department of Transportation on 12 February 25, 1986. The application applies specifically to Los 13 Angeles International Airport, the largest of the four airports that 14 thz Los Angeles Department of Airports operates. (All references 15 to the "Los Angeles Department of Airports" or "City" herein sha_ 16 include the City of Los Angeles, including all its officers, 17 employees, departments and agencies, proprietary and nonproprietary; 18 all are collectively referred to hereinafter as "the Respondent" 19 unless specifically indicated otherwise). 20 II. 21 Los Angeles International Airport ( "Airport" or "LAX ") is the 22 largest airport in California in terms of number of passengers 23 served. More than 45 million passengers used the Airport in 1991; 24 air cargo shipments exceeded one million tons. One of the 25 undesirable effects of this huge volume of air transportation 26 activity is that large numbers of people are subjected to levels of 27 noise that exceed the level determined by the State of California 28 to be acceptable to a reasonable person residing in the vicinity c_ -2- #" 116 412666 1 an urban airport, as established by the Noise Standards. The 2 acceptable level of noise is a Community Noise Equivalent Level 3 (CNEL) of 65 decibels (dB). As of September 30, 1991, there were 4 more than 27,000 dwelling units, housing more than 66,000 people, 5 within the Noise Impact Boundary, which is a line surrounding the 6 Airport that depicts the CNEL of 65 decibels due to aircraft 7 operations. • 8 III. 9 The Noise Impact Boundary for Los Angeles International Airport 10 is determined through the combined use of a noise monitoring system 11 having 26 continuously operating microphone stations located in the 12 vicinity of the Airport and a computerized calculation procedure 13 that uses the noise monitoring data. The Noise Impact Boundary 14 currently encloses approximately 3.6 square statute miles of 15 incompatible land uses (residences, schools, hospitals, etc.). The 16 definitions contained in the Noise Standards identify this area as 17 the Noise Impact Area. The,Los Angeles International Airport Noise 18 Impact Area of 3.6 square statute miles, with a population estimated 19 at more than 66,000 residents, is the largest in California. 20 Iv. 21 Respondent's application requested a variance from Section 5062 22 of the Noise Standards, which read as follows at the time of the 23 application: 24 section 5062. Noise impact area violations. 25 "No airport proprietor shall operate his airport with a noise impact area of other than 26 zero unless said operator has a variance as prescribed in Article 13 of this Subchapter of 27 these regulations." 28 -3- 04 . 117 112566 1 However, this requirement was moved to Section 5012 of the 2 Noise Standards during a regulation amendment process in 1990. Tl 3 requirement is essentially the same, but has been made more 4 specific. It now read as follows: 5 Section 5012. Airport Noise Standard. 6 "The standard for the acceptable level of aircraft noise for persons living in the 7 vicinity of airports is hereby established to be a community noise equivalent level of 65' 8 decibels. This standard forms the basis for the following limitation. 9 'No airport proprietor of a noise problem 10 airport shall operate an airport with a noise impact area based on the standard of 65 dB CNEL 11 unless the operator has applied for or received a variance as prescribed in Article 5 of this 12 subchapter.'" 13 All future references to the requirement that a variance be 14 obtained by the Respondent will be made to new Section 5012. 15 V. 16 By letter dated January 3, 1990, Respondent requested a formal 17 hearing regarding its application for a variance. On or about March 18 25, 1990, the Department filed a Statement of Issues. Shortly 19 thereafter, a Notice to the Public concerning the hearing request 20 was published in the Los Angeles Times and was mailed directly to 21 parties known to the Department to have an interest in the subject. 22 Those members of the public who had a desire to intervene in the 23 hearing were asked to notify the Department in writing by April 30, 24 1990. 25 A Prehearing Conference was convened June 12, 1990, with 26 Administrative Law Judge Richard J. Lopez of the Office of 27 Administrative Hearings of the State of California presiding. The 28 Department was represented by Attorney Larry Thelen, the Responden. -4- #` 118 12666 1 by Breton K. Lobner and Sheryl L. Meshack, Assistant City Attorneys 2 for the City of Los Angeles. Discussions with each prospective 3 intervenor were held and agreements for organizing groups of 4 intervenors under specified leading entities were established. 5 Following this, the Administrative Law Judge made the following 6 order relating to intervenors: 7 The Parties -in- Intervention are: w s (1) Ruth Galanter, Councilwoman, representing herself; 9 (2) City of E1 Segundo, represented by Leland C. Dolley, City 10 Attorney; 11 (3) Intervenor A: Under the aegis of the Los Angeles 12 International Airport Area Advisory Committee ( LAIAAC) 13 represented by Shell Abrahamson (later replaced by Roy 14 Hefn--r), consisting of the LAIAAC and 6 other interested 15 groups; and 16 (4) Intervenor B: Under the aegis of Coalition of Concerned 17 Communities (CCC) Sal Grammatico, President, consisting is of the CCC and 4 other interested groups. 19 The Administrative Law Judge noted that after the parties were 20 established, they agreed to hold informal discussions to the end 21 that resolution of the respondent's application and the Department's 22 Statement of Issues be accomplished without the necessity of a 23 formal hearing. The Administrative Law Judge further noted that 24 "should such discussions not lead to resolution then the Department 25 will calendar with the O.A.H., in due course, time necessary for a 26 prehearing conference and, thereafter, a hearing on the merits." 27 26 -5- r` 119 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19j 201 21 22 23 24 25 26 27 28 12666 VI. Following the Pre - Hearing Conference, meetings of the partic were held on a monthly basis, with some exceptions. Members of the Department's staff acted as facilitators for the discussions. Among the issues review by the parties were the methods by which compliance was accomplished for each of the conditions of the previous variance. VII. The economic, social and political importance of the Los Angeles International Airport to Southern California, and particularly the communities surrounding the Airport has been established in prior variance proceedings. In granting three previous variances, the Department recognized the regional, national and international importance of the Los Angeles International Airport. No facts or serious arguments were presented or expressed by any of the parties that would indicate that this basic relationship is any different today than during the consideration of previous variances. Each of the participating intervening parties has provided conditions for discussions during the course of informal settlement meetings. VIII. The four local agencies (City of Los Angeles, City of E1 Segundo, City of Inglewood and the County of Los Angeles) having land use jurisdiction over property located within the LAX noise impact area are eligible for Federal grants totaling approximately $5 million (divided among the four agencies) annually for land use conversion projects. In the near future, additional funding fo. -6- 120 41766.6 1 land use conversion (including sound insulation) should become 2 available through Passenger Facility Charges (PFCs). This will 3 facilitate a more rapid rate of conversion of currently incompatible 4 land uses. However, there was no certainty during the discussions 5 by the parties as to the amounts of money that will become available 6 through that source for noise - related projects. 7 IX. 8 Respondent's existing Supplemental Funding Program annually 9 provides an additional $5 million (approximately) of Respondent's 10 funds for use by the four neighboring jurisdictions for land use it projects, and for the sound insulation of existing residences. This 12 program provides matching funds equal to the amount granted to a 13 local jurisdiction by the FAA. Respondent's Board of Airport = ^. Commissioners will be asked to consider supplementing the $5 million 15 annual amount in this program if and when PFC funds become 16 available. Respondent's current application to the FAA for PFC 17 funding over the next five years proposes to spend $100 million, $20 18 million annually, for sound insulation and recycling projects within 19 the impact areas around LAX and Ontario International Airport. 20 X. 21 Each political jurisdiction surrounding the Los Angeles 22 International Airport whose boundaries enclose part of the noise 23 impact area (as defined in the Noise Standards) has indicated a 24 desire to establish and implement its own land use mitigation 25 program. It is the position of the California Department of 26 Transportation that local governments have the right to determine 27 for themselves what the pace for land use mitigation should be. 28 Unfortunately, no information was available as to the rate each -7- 121 412666 1 political jurisdiction would be able to use funds from the Federal 2 government or from the Respondent to accomplish such land u- 3 mitigation projects. Information of this nature appears to be an 4 important but missing component of the fiscal planning for the 5 projects and is necessary for Respondent to estimate the date the 6 Airport would achieve compliance with the Noise Standards. On May 7 27, 1992, Respondent's Board set policies regarding its W Part 150 8 Supplemental Funding Program for land use mitigation projects. 9 Under the program's implementation procedures, eligible local 10 jurisdictions are required to provide land use mitigation plans 11 which, together with each local affected political jurisdiction's 12 estimates concerning the rate it would be able to use available 13 funds, would provide the information needed to estimate the ultimate 14 date of compliance with the Noise Standards. 15 ZI. 16 For at least 20 years there have been complaints related to 17 aircraft turning soon after takeoff and flying over residential 18 areas prior to reaching the shoreline on westward departures. The 19 Respondent has placed signs informing pilots not to accomplish such 20 turns, has published notices concerning requested departure 21 procedures, and has sponsored meetings with supervisory pilots of 22 major airlines, with the FAA, and with representatives of state and 23 local governments that are involved, in an effort to prevent the 24 "early turns ". Since 1986, the FAA has made several amendments to 25 the standard instrument departure procedures that were specifically 26 intended to help correct this problem. 27 In spite of these efforts, the Respondent has determined that 28 a small but significant percentage of departing aircraft still turn -8- 122 1' 2 3 4 5 6 7 al 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 112666 prior to reaching the shoreline. New equipment being operated by the Respondent's noise abatement office should help identify which aircraft perform the early turns, and their precise flight tracks. X11. The Noise Standards establish the authority for the Department to issue variances, the guidelines to be used in considering them, and the provision that reasonable conditions may be imposed as I follows: Section $053. Conditions of variance. "The Department may grant a variance if to do so would be in the public interest. In weighing the public interest, the Departments considerations include but are not limited to the following: (a) The economic and technological feasibility of complying with the noise standards set by these regulations; (b) The noise impact should the variance be granted; (c) The value to the public of the services for which the variance is sought; and (d) Whether the airport proprietor is taking good faith measures to the best of its ability to achieve the airport noise standards." Section 5050. variances. "In granting variances, the Department shall be guided by the underlying policy that the proprietor of each existing airport having a noise impact area be required to develop and implement programs to reduce the noise impact area of the airport to an acceptable degree in an orderly manner over a reasonable period of time." -9- # . 123. 41266.6 1 Section 5054. Reasonable Conditions. 2 "The Department in granting a variance may impose reasonable conditions to achieve the 3 purposes of these regulations." 4 section 5010. Purpose. 5 "The purpose of these regulations is to provide a positive basis to accomplish resolution of 6 existing noise problems in communities surrounding airports and to prevent the 7 development of new noise problems. To It accomplish this purpose, these regulations 8 establish a quantitative frame -work within which the various interested parties (i.e., 9 airport proprietors, aircraft operators, local communities, counties and the state) can work 10 together cooperatively to reduce and prevent airport noise problems." (Emphasis added). 11 12 DETERKINATION OF ISSUES 13 Pursuant to the foregoing Findings of Fact, the Department 14 makes the following Determination of Issues: 15 I. 16 The information presented by the Respondent and reviewed by the 17 parties together with information from previous variances available 18 to the parties has established that the public interest would be 19 served at this time by granting the variance requested to Section 20 5012 (formerly section 5062) of the Noise Standards (California Code 21 of Regulations, Title 21, Chapter 2.5, Subchapter 6). 22 II. 23 In weighing the public interest regarding this application for 24 a variance, consideration has been given to the economic and 25 technologic feasibility of complying with the noise standards set 26 by these regulations, the noise impact should the variance be 27 granted, the value to the public of the services for which the 28 variance is sought and whether the airport proprietor is taking gow -10- 4 •- 124 1 41266.6 1 faith measures to the best of its ability to achieve the airport 2 noise standards. Consideration has also been given to the fact that 3 the noise impact area will not change significantly due to the 4 granting of a variance and neither will the local economy or the 5 employment situation in the Airport service area. 6 III. 7 Instant reduction of the Noise Impact Area to zerq is not now 8 feasible economically or technologically. Granting the requested 9 variance is consistent with the underlying policy for implementing 10 the Noise Standards and does not conflict with federal law. 11 IV. 12 Consideration has been given to the efforts of the Respondent 13 to minimize the effects of noise on people who live near Los Angeles 14 International Airport and to the fact that the Noise Impact Area 15 continues to be a major problem. 16 V. 17 Also considered was the fact that the Respondent has an 18 obligation to the general public to develop, maintain, and operate 19 an airport that provides an adequate level of high quality services 20 in a manner that fosters the safest possible local, national and 21 international air transportation while reducing the size of the 22 noise impact area as rapidly as is reasonable. 23 V1, 24 The future of the land use recycling and /acoustic treatment 25 program is largely dependent upon the administrative capabilities 26 of the four noise impacted local governments in the vicinity of the 27 Los Angeles International Airport and the availability of funding 28 from the Respondent and the Federal Government. -11- •4 175, 1 2 3 4 5 6 7 8 9 10l 11 12 13 141 15 16 17 18 19 20 21 22 23 24 25 26 27 28 412666 VII. The underlying policy of the Department in granting varianc is to influence proprietors of airports having noise impact areas to develop and implement programs to reduce the noise impact area to an acceptable degree in an orderly manner over a reasonable period of time. The combined effect of the conditions in this decision should be to achieve the maximum economically and technologically feasible degree of noise impact area of reduction without interfering with federal law. WHEREFORE, THE FOLLOWING ORDER is made: The variance requested in the application from the Respondent to the requirements of Section 5012 of the Noise Standards (California Code of Regulations, Title 21, Chapter 2.5, Subchapter 6) is hereby granted subject to the following termb and conditions: 1. The variance granted herein shall be for a period three years from the effective date of this order. 2. The variance granted herein is subject to the conditions adopted by Respondent's Board of Airport Commissioners as set forth in Exhibit A, a copy of which is attached and which, by this reference, is incorporated in this Order. 3. Within 2 calendar months from the effective date of this decision, Respondent shall contact each of the local governments having land use jurisdiction over areas containing incompatible land uses (as defined in the I Noise Standards) inside the LAX 65 CNEL Los Angeles International Airport noise impact boundary. Respondent shall request each such affected local jurisdiction to prepare an Aircraft Noise Mitigation Plan (ANMP) for L..e -12- '` 12� 41266.6 1 area within its own noise impact boundary. The ANMP 2 should contain maps and tabular data setting forth the 3 number, type and location of the incompatible land uses 4 within the jurisdiction -s impact area, the land use 5 mitigation strategies (land use recycling, sound 6 insulation, or other strategy determined by each 7 jurisdiction to be appropriate) to be employed to bring 8 each type of incompatible land use into compliance with 9 the Noise Standards, and estimates of the cost and time 10 schedule necessary to achieve compliance with the Noise 11 Standards. Two compliance schedules should be developed, li 12 the first based on the level of funds currently available 13 to the jurisdiction from all sources, and the second 14 based on any greater level of funding that could and 15 would be efficiently and effectively spent by the 16 jurisdiction if the funds were available. The ANMP 17 should cover, as a minimum, the incompatible land uses 18 within the 65 CNEL noise contour depicted on the most 19 recent quarterly report submitted to the Department after 20 the effective date of this decision. In the event that 21 any of the cities or the County is unable or unwilling to 22 provide the requested information, Respondent shall so 23 inform the Department of Transportation. 24 4. Within 9 calendar months from effective date of this 25 decision, Respondent, based on the AHMPts developed by 26 each jurisdiction, shall develop a composite ANMP 27 incorporating the entire LAX noise impact area. The 28 composite ANMP will provide estimates of the cost and -13- I 64 127 412666 1 time required to bring all incompatible land uses within 2 the LAX noise impact area into compliance with the Noi 3 Standards. One of the estimates should be based on the I 4 level of funds currently available and another on the 5 level of funds each jurisdiction could and would be 6 willing to efficiently and effectively utilize. 7 Respondent should, over time, incorporate a th4rd measure 8 showing a record of the actual rate at which each 9 jurisdiction is able to effectively use available funds. I 10 The composite ANMP may be used to provide a basis for 11 setting optimum target funding levels for each 12 jurisdiction and a yardstick for measuring each 13 jurisdiction's project implementation performance. The 14 optimum target furling level will be that level that 15 permits each jurisdiction to implement its land u;__ 16 mitigation program at the most rapid rate it can 17 accommodate efficiently and effectively, and is willing is to accept. This Plan should recognize, however, that 19 there may be legitimate competing needs for available 20 funds that may prevent achieving the optimum target level 21 of funding described above. The target level for each 22 year will be considered a goal, not a requirement for 23 that year. Each jurisdiction shall have the opportunity 24 to comment on the Plan. Respondent shall respond, in 25 writing, to all comments. 26 5. Respondent, with the assistance of the affected local 27 jurisdictions, shall update its LAX composite ANMP 28 annually and shall make such plan available to the -14- ' " 128 i 412666 1 Department, the County of Los Angeles and other 2 interested parties. 3 6. The variance granted herein excuses the Respondent from 4 compliance with Section 5012 in accordance with 5 Respondent's application. However, in the event that 6 Respondent violates any of the above terms or conditions, 7 such conduct shall constitute a cause for termination of 8 this variance. 9 7. This variance shall be further subject to termination by 10 the Department, upon 60 days advanced written notice, in 11 the event the Department finds that a genuine dispute as 12 to a material matter exists between Respondent and an 13 Intervenor as to whether or not Respondent is in 14 compliance with this Variance, including Ex..ibit "A". 15 The Department shall terminate the Variance upon written 16 application of an Intervenor, upon a finding, based upon 17 substantial evidence that the Respondent may have 18 breached a policy of Exhibit "A ". Prior to filing an 19 application to terminate this variance with the 20 Department, an Intervenor shall notify the Respondent and 21 other Intervenors that a matter is in dispute and attempt 22 to resolve the matter by informal means, including 23 meeting with the Chairperson of Respondent's Board of 24 Airport Commissioners, or that person's designee. The 25 Department shall act on an Intervenor's written 26 application, and determine whether or not a material 27 matter is in genuine dispute, within 60 days of receipt 28 of the written application, unless the Intervenor and the -Is- it 129 912666 •-A 130 1 Respondent agree to an extension of time. Respondent's 2 compliance with the policy terms of the Varian 3 including Exhibit "A" are material matters. 4 This decision shall become effective /3 , 1993. 5 IT IS SO ORDERED this 1-5 day of , 1993. 6 STATE OF CALIFORNIA 7 DEPARTMENT TRANSPORTAT ON s 8 9 By: JACK D. K nz 10 Chief, Divisio of Aeronautics 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -16- •-A 130 EXHIBIT "A" BOAC POLICY 1. Imperial Terminal. City to set a cap on the number of jet operations at Imperial Terminal to a maximum number of operations equal to what is now allowed by the present tenant under its existing agreements. Not later than six months prior to the expiration of existing leases, i.e., by March 25, 2007, for the use of Imperial Terminal, City to assess and report whether the terminal will be needed for air carrier aircraft operations. (Target Date: Upon expiration of existing lease(s)]. 2. Preferential Runway and Taxiway Usage. City to use its best efforts to request the FAA to implement operational procedures, safety and feasibility permitting, to establish a preferential runway usage plan to require Stage 2 aircraft to use inboard runways, when said runways are available. City to continue with such efforts until such time as the FAA has provided a final response in writing. (Target Date: June 30, 1993] 3. Noise Abatement. City to review, study and report to the Board as to the effectiveness, implementation and/or need for modification of the following Airport noise abatement programs or policies to determine if they need or warrant change or augmentation: (a) (b) (c) (d) (e) (f) (g) aircraft maintenance and locations early -turn and drift helicopter policy APU and ground power sound barriers run -up limitations, including time detections and follow -ups use Use of "super" tugs Excessive engine warmups (Target Date for submission of report on items (a) - (g) is September, 1993] 4. "Hush House ". City to review, study and report to the Board as to the economic and operational feasibility and noise reduction impacts of constructing a "hush house" facility at LAX. (Target Date: January 1994) 5. ouiet Aircraft: Stage 2 Phaseout a Restrictions Regulation. City to use its best effo legal and enforceable Stage 2 Phaseout and Curfew accordance with the provisions of the Airport Noise m+ -1- its to adopt a Regulation in and Capacity 131 Act of 1990 and attendant federal regulations. [Target Date: July 1993] 6. New Leases and Operating Agreements. City to include in all future air carrier leases, which involve the operation of aircraft on the leased premises, a provision to make ground power available at all gates and maintenance areas thereon to avoid the use of APUs. City to include in all new air carrier leases and operating agreements which pertain to the operation of aircraft on the leased premises, provisions requiring the air carriers to comply with all of the Department of Airports' Noise Abatement Rules and Regulations. [Target Date: Immediate.] • 7. Noise Monitoring System. City to verify, at least annually, and report to the Board on the accuracy of its CNEL noise monitoring system through the use of acceptable scientific calibration methods. City to continue to use a CNEL noise monitoring system that fully complies with state regulations and keep, maintain and repair such system so that it accurately and reliably records the noise data required by state law. [Target Dates: Annually] S. Noise Compliance. City to implement a plan to ensure the efficient enforcement of noise abatement policies and procedures and to effectively process noise complaints. City to study, review and assign, either additional personnel or reassign personnel responsibilities, or both, if legally permitted, to implement effective noise abatement policies and procedures and related enforcement activities (i.e., re: noise violations, noise complaints, noise detection). City to use its best efforts to have employees in the air operations area who are charged with the responsibility for detecting noise violations and for enforcing City's noise policies and procedures. City to modify its 24 hours per day telephone communications center to facilitate receiving and investigating noise complaints. [Target Date: September 1993] 9. Sound Insulation Program. City to implement the sound insulation program contained in the 1993 airport noise variance. [See Variance] 10. Noise Abatement Status Reports and Status Meetings. City to prepare a quarterly noise abatement status report for distribution to the Intervenors to address the matters covered in this document and the Variance. Upon request, draft documents will be circulated to any Intervenor who asks for an opportunity to offer informal comments and suggestions. An Intervenor's informal comments and suggestions on draft documents shall be provided by the Intervenor to City in writing, within fourteen days of Intervenor's receipt of the Draft. City's representatives shall make themselves reasonably available for purposes of informally responding to Intervenors during this informal comment period. If an Intervenor's informal comments and suggestions are not -2- 132 9-, incorporated in the final document, City will address the comments said documentt and explain why they were not incorporated in Abatement statue ny Imes Intervenor,, upon request, may require Noise Abatement Status Meetings, City will brief ! the Intervenors 'Noise the status of each noise abatement program and respond to Intervenors questions. [Target Dates: Quarterly, commencing in the third calendar quarter, 1993.] -3- 133 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -OURT PAPER TATS e. GLIICRMIA TO II] IIIET 1.721 bum DECLARATION OF MAILING I, the undersigned, say: I am, and was at all times herein mentioned, a citizen of the United States and employed in the County of Sacramento, State of California, over the age of 18 years and not a party to the within action or proceeding; that my business address is 1120 N Street, Sacramento, California; that on January 13, 1993, I enclosed a true copy of the attached DECISION DEPARTMENT OF TRANSPORTATION in a separate envelope for each of the persons named below, addressed as set forth immediately below the respective names, as follows: SEE ATTACHED LIST Each said envelope was sealed and with postage thereon fully prepaid as first class mail; I deposited the same on the aforesaid date, in a mailing facility regularly maintained by the United States Postal Service for the mailing of letters at my above stated place of business. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 13, 1993, at Sacramento, California. PROOF OF SERVICE BY MAIL (C.C.P. 1013a and C.C.P. 2015.5) 134 i I Ruth Galanter, Councilwoman City of Los Angeles 21 1 N. Spring Street ;Los Angeles, CA 90012 3 4 5 61 7 81 91 10' 111 I 12 13 14 15 161 17 18 19 20i 211 22 23 24 251 261 27 COURT PAPER STATE e, "LIFO.. 'TO Iii -REV S Tip 1 I m Y)EE Leland Dolley, Esq. Burke, Williams & Sorenson 611 West Sixth St., Ste. 2500 Los Angeles, CA 90017 Rufus C. Young, Esq. Burke, Williams & Sorenson 611 West Sixth St., Ste. 2500 Los Angeles, CA 90017 Shell Abrahamson Los Angeles Int'l. Area Advisory Committee P.O. Box 92216 Los Angeles, CA 90009 -2216 Breton K. Lobner Assistant City Attorney City of Los Angeles Department of Airports #1 World Way Los Angeles, CA 90009 Sal Grammatico Coalition for Concerned Citizens 4737 Marshall Dr. Culver City, CA 90230 Roy Hefner 6548 West 80th Place Westchester Place, CA 90045 • 135 Current as of September 18, 1995 EL SEGUNDO CITY COUNCIL MEETING DATE: 9/19/95 AGENDA ITEM STATEMENT AGENDA HEADING: New Business, City Manager AGENDA DESCRIPTION: Proposal to modify the existing Residential Sound Insulation Program to permit citizen participation (20 %) in support of the program RECOMMENDED COUNCIL ACTION: 1 Discuss the proposal 2 Take action as appropriate on the proposal BRIEF SUMMARY: On June 1, 1993 the City Council approved the Residential Sound Insulation (RSI) Program That program was based on a matching grant plan with the FAA providing initial grants for 80% of program support and the Los Angeles Department of Airports ( LADOA) providing matching grants applicable as the community's required 20% contribution This program has come to an impasse in that the LADOA will not authorize funding in accordance with its matching grant program (BOAC Resolution No 18062), and have offered local jurisdictions no alternative program The City has ben granted in excess of $2 8 million in FAA funds to date of which approximately $350 thousand has been spent, most of it being applied to the purchase and renovation of the Demonstration House In May 1995 the FAA allocated an additional $1 million That allocation was conditional upon the establishment of an agreement with LADOA or some other funding source for the 20% match for their grant funds The new program had to be in effect by September 2, 1995 On August 8, 1995, the City Council approved a new RSI program which permits the residents participating in the program to support the program by paying 20% of the cost for their insulation There was a strong response from the residents with over 160 applying to participate in the program which will insulate approximately 50 residences The FAA received the plan and an application for the new program on August 28 All verbal exchanges up to that date between the City and the FAA indicated that the allocated grant would be executed On September 11, the FAA informed the City that the $1M had been reallocated to Reno -Stead Airport in Nevada The reason given was that Reno -Stead had assumed a pressing priority status It was recommended that the City spend its existing grant funds by modifying its FAA/LADOA matching grant program to reflect our current citizen - participation program format In doing so we will be demonstrating our ability to operate a RSI program effectively and will be viewed as a more viable contender for future FAA funds We are eligible for new funding in October 1995 and if we show progress in our conversion of our old FAA/LADOA program to a citizen - participation program, it is likely that we will receive an allocation of not less than $1 million For this reason it is recommended that the City Council approve modifying the conditions of the original RSI program to permit citizen participation (20 %). With Council's approval, permitting recipients of RSI to fund 20% of the program, the City will reactivate the original phase of the program, making necessary program modifications and begin insulating At present approximately 25% of the residents who applied to participate in the FAA/LADOA funded program have applied to participate in the new program, funding 20% of insulation they receive The City's contract with Wyle Laboratories will have to be modified to permit the dimensional and acoustic assessment of the homes of new RSI applicants These contract changes will be brought to the Council for approval if the recommended program modification is authorized ATTACHED SUPPORTING DOCUMENTS: 1 El Segundo City Council Agenda Packet for Residential Sound Insulation of June 1, 1993 2 El Segundo City Council Agenda Packet for Residential Sound Insulation of August 8, 1995 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: NO Amount Requested: DIRECT Project/Account Budget: FISCAL Project/Account Balance: Date: IMPACT Account Number: Project Phase: Appropriation Required - Yes_,_No_ Harvey G Holden, Secretary, El Segundo Noise Abatement Committee REVIEWED BY: Date: James W Mornson, City Manager ACTION TAKEN: To THE EL SEGUNDO CITY COUNCIL - MEETING DATE: June 1, 1993 AGENDA ITEM STATEMENT - AGENDA HEADING: New Business - City Manager Agenda Description: .esentation of preliminary plan for acoustical modification of homes in E1 Segundo under FAA Part 150 and Department of Airports funding programs. Recommended Council Action: It is recommended that the City Council receive the preliminary plan, solicit comments from the Noise Abatement Committee, provide comments to staff from the City Council, and direct staff to finalize the plan -based upon these comments for presentation to and approval by the City Council. Brief summary: The plan for acoustical modification of homes in E1 Segundo consists of several components. These components are: E1 Segundo Incompatible band Use Plan, E1 Segundo Residential Sound Insulation Project Plan No. 1, E1 Segundo Home Sound Insulation Program Flow Chart, Draft El Segundo Home Sound Insulation Brochure, and E1 Segundo Home Sound Insulation Video. These components are now complete and ready for Noise Abatement Committee and City Council review. They are attached for your review and consider- ation (except the video which will be shown to the City Council at its meeting). its regular meeting of January 19, 1993, the E1 Segundo City Council aaopted the E1 Segundo Incompatible Land Use Plan ( ESILUP). This was prior to the City Council's approving the creation of the Airport Projects Administrator position. As a result, the ESILUP provides for the utiliza- tion of consultants to assume major responsibility for all phases of the residential sound insulation program. With the hiring of the Airport Projects Administrator, who will assume full project management of the sound insulation program, the City Council may wish to amend the ESILUP by changing the first two sentences of the second paragraph under 7.0 PROGRAM MANAGEMENT PROCEDURES on page 12 as follows: The City of E1 Segundo will hire a consultant(s) to Attached supporting Documents: E1 Segundo Incompatible Land Use Plan E1 Segundo Residential Sound Insulation Project Plan No. 1 E1 Segundo Home Sound Insulation Program Flow Chart Draft E1 Segundo Home Sound Insulation Brochure Fiscal Impact: None originator: , Date: May 26, 1993 t fA�d i � Donald L. Harrison, Assistant City Manager James W. Morrison, City Manager on Taken: .�. r- C) It EL SEGUNDO INCOMPATIBLE LAND USE PLAN 1.0 INTRODUCTION This Incompatible Land Use Plan was prepared by the City of El Segundo in response to the requirements set forth in the Los Angeles Board of Airport Commissioners Resolution No 18062 for receipt of matching funding for FAA Part 150 Grant funds. It is the City's intent to utiltze the funds received from both the Federal Aviation Administration (FAA) and the Los Angeles Department of Airports (LADOA) to bring all eligible incompatible land within its jurisdiction into compliance with the California Airport Noise Standards. This will be accomplished through sound insulation of El Segundo residences within the Community Noise Equivalent Level (CNEL) 65 dB noise contour for 100% Stage 3 aircraft operations from Los Angeles International Airport (LAX). These dwellings are located in the northwestern portion of the City. 2.0 BACKGROUND In the Noise Compatibility Program (NCP) developed under the Pan 150 Study for LAX, a continuing aircraft noise exposure problem for the City of El Segundo was identified. The future Noise Exposure Map, submitted to the FAA as a pan of the study, showed that 4,360 dwelling units in El Segundo were expected to be within the CNEL 65 dB noes, exposure contour. This estimate was based on 1987 annual aircraft operations. A second scenano was subsequently developed for projected LAX aircraft operations based on a 100% Stage 3 fleet for calendar year 1985. With the attendant reduction in aircraft noise, it was estimated that 2,154 dwellings would be contained within the CNEL 65 dB contour. One feature of the LAX Pan 150 program is that land use actions, identified in the NCP and approved by the FAA, can be federally funded under the FAA Airport Improvement Program (AW). Under this pan of the AIP, either an adjoining city or an airport may apply for funding for various projects, including sound insulation. As the (Sty is nearing build out, the primary focus of the Put 150 program in El Segundo will be on dwelling acoustical treatment. 1 Cm_= -1 Until recently, the availability of supplementary funding from the LADOA was contingent on participating homeowners agreeing to an avigatton easement. However, on May 27, 1992, the Los Angeles Board of Airport Commissioners adopted Resolution 18062 which provides an alternative to the avigation noise easement requirement. In accordance with LADOA requirements, the City of El Segundo must submit the following three documents to qualify for LADOA funding: (1) an executed Letter of Agreement (prepared by LADOA) which addresses several conditions for receipt of LADOA funding; (2) a Land Use Incompatibility Program Plan which sets forth the City's long -term plan to bring all eligible incompatible land within its jurisdiction into compliance with the California Airport Noise Standards; and (3) a separate Project Plan for specific properties to be sound - insulated with each (annual) allocation of combined FAA and LADOA funds. The City must also submit an updated version of the Plan annually which defines the status of all aspects of the El Segundo residential sound insulation program. This Incompatible Land Use Plan is being submitted to satisfy Item 2. 3.0 PROGRAM PRIORITIES AND GUIDELINES The El Segundo Incompatible Land Use Plan has been prepared in accordance with the following guidelines: • Achieve compatibility for all land areas within the CNEL 65 dB contour (for 100% Stage 3 aircraft operations) based on a residential sound insulation program conducted in accordance with LADOA requirements set forth in Resolution 18062, • Conduct the program with a systematic procedure commencing from the highest CNEL zone to the CNEL 65 dB noise contour. • Issue a certificate of land use compatibility for each eligible property to the property owner, the LADOA and the State of California Division of Aeronautics certifying that the property has been sound insulated to at least an interior CNEL of 45 dB in sU habitable rooms; or if the property owner declines sound insulation, the property shall be considered a compatible land use as provided in Section 3014 of the California Airport Noise Standards. 2 3 rn_z- 3 • Establish the most expeditious schedule possible based on the assumption that annual FAA grants will be thatched by LADOA, up to a limit of $2 million per year. 4.0 DESCRIPTION OF PROGRAM AREA The area to be addressed in the El Segundo Incompatible Land Use Plan is depicted in Figure 1. This is a CNEL contour trap (provided by LADOA) showing the projected noise impact on the City of El Segundo from a IOD% Stage 3 aircraft fleet operating from LAX. In a 1983 study (Wyle Research Report WR 83 -23, "Development Plan for Retrofit Sound Insulation of Residences at Los Angeles International Airport — Final Report," July 1983), costs and procedures for providing sound insulation for all residential dwellings impacted by LAX operations were developed for two cases. Case 1 addressed dwellings within the projected 1987 CNEL 65 contour assuming no accelerated introduction of Stage 3 operations; Case 2 was based on the projected 1985 CNEL contour with all aircraft meeting the FAR Pan 36 Stage 3 noise limits. Dwelling count statistics were obtained for both cases. A preliminary set of 1OD% Stage 3 contours has recently been provided to the City of El Segundo by LADOA; dwelling count data for these contours is not yet available. Howeve- the general shape of contours provided by LADOA is similar to that of the 1985 study. There; house count data from this earlier report will be used to provide a gross estimate of the number of dwellings within the 1OD% Stage 3 contours in Figure 1. This dwelling count data is provided in Table 1. S.0 DWELLING SELECTION PROCEDURE A dwelling selection priority plan for the City of El Segundo has been developed for the residential sound insulation projects jointly funded by the FAA and LADOA. In accordance with LADOA requirements, this plan will be based on a systematic, prioritized schedule commencing with the highest CNEL zone. This plan will involve the tasks listed below. 1. Define Project Area The El Segundo residential sound insulation project will be conducted in the area enclosed by the IOD% Stage 3 CNEL contours. A graphic layout of the 3 CIn -Z - Y N 0 w O z v L �o S H p� C O 9 N 4� a� 00 •= Z w . Y Y Y � OD L <Qg VG �p O O Z 00 LL Crn -T 5 Table 1 El Segundo Household Statistics (1985 10096 Stage 3 Contours) Type of Dwelling CNEL Zone Total 65-70 70-75 75+ Single/Two Fanuly Multi- Fattuly 1,160 201 440 353 0 0 1,600 554 Total 1,361 793 0 2,154 GM -1 -L area depicting noise contours (reflecting the latest projected 100% Stage 3 CNEL contours — November 1992) overlaying residential properties has been provided by LADOA (Figure 1). 2. Identify Compatibiclincompatible Dwellings in Project Area Incompatible properties in the project area ate defined in the California State Noise Standards. These will be primarily single and multifamily residential dwellings. However, the dwellings in the Hillcrest Project (Precise Plan 1 -76) may be compatible due to the fact that when those dwellings were constructed, the developer was required to incorporate appropriate sound insulation techniques into the design. Subsequently, noise measurements were conducted (on a random basis) to evaluate the noise reduction achieved In addition, multiunit dwellings required to meet the minimum noise insulation performance standards of Title 24 State Building Code (which became effective Septemba 22, 1974) will be examined to detem»ne if any are compatible. Title 24 requires achievement of interior noise reduction to accomplish an interior CNEL of 45 dB for all dwellings in the CNEL 60 dB contour. Verification of the noise reduction characteristics of both dwellings in the Hillcrest Project and multiunit dwellings (built after September 22, 1974) will require detailed inspections of the structures, review of building plans and possibly, acoustical measurements. 3. Dwelling Selection Guidelines LADOA requites that the Land Use Incompatibility Program Plan set forth a systematic method for selection of eligible swcttttes to receive sound insulation on a property -by- property basis comnmencing with the highest CNEL zone and paoceeding to the CNEL 65 dB contour. It is therefore proposed that the City of El Segundo proceed with a systematic program to eliminate incompatible property in accordance with two plans. Plan A will be for sound insulation of single family (RI) and two family (R2) structures. Plan B will be for insulation of multifamily (R3) structures. R �.rn-:1:'1 Available FAA/ LADOA funding will be divided equally between the two plans Much will be conducted simultaneously. The El Segundo plan for dividing available funds between single family and multifamily dwellings will clearly accelerate reduction of the impact area. This is because the property occupied by a single family dwelling is frequently equivalent in size to the property occupied by a Imp multifamily structure. As a multifamily structure costs significantly more to insulate than a single family unit, funds spent on making single family units compatible will be more cost - effective in reducing the impact area Both plans will employ identical dwelling selection guidelines which are described below. The two sound insulation plans will proceed essentially on a block -by -block basis from the highest noise zone to the 100% Stage 3 CNEL 65 dB contour. A geographic unit referred to as a "street segment," will be used to define a geographic area receiving sound insulation in a particular phase of the El Segundo program. A sheet segment is comprised of all the dwellings on both sides of a sum contained within a single block. All dwellings in the bounded area with a post office address on the particular street will be considered as part of that street segment. EI Segundo area streets are generally parailr perpendicular to Imperial Avenue, which runs east and west. Street segments parallel to Imperial will be referred to as EW Street Segments. Street Segments perpendicular to Imperial will be referred to as NS Street Segments. If a street segment is bisected by CNEL noise contours, the following will apply: if over 50 percent of the dwellings contained by the segment an in the higher CNEL zone, then all dwellings in the segment will be assigned to this noise zone. If less than 50 percent of the dwellings ate in the higher zone, then all dwellings will be assigned to the lower noise zone. However, if any potion of a street segment is within the 100% Stage 3 CNEL 65 dB worn» r, the entire street segment will be considered to be within the oontmtr. Street segments will generally be categorized with reference to a one decibel CNEL zone. With reference to Figure 1, the sequence of CNEL zones will be greater than 72 dB, 71 to 72 dB, 70 to 71 dB, etc., down to the 100% Stage 3 CNEL 65 dB contour. 7 Street segments will be numbered to reflect the priority of each segment in the overall El Segundo sound insulation plan. Segment numbers will therefore commence in the highest noise zone at the northwest corner of the city and proceed eastward until the contours defining the zone reach the city hrmt The segment numbers will then continue (west to east) in the next lower zone — again starting at the western edge of the city. Table 2 lists the first 10 street segments for the plan. It is recognized that adjustments to the selection plan will be required for some cul-de -sacs and other unique street configurations. Both Plan A and Plan B sound insulation will commence simultaneously at the northwest corner of the City on Imperial Avenue. Both plans will employ the same street segments; however, Plan A will address only RI and R2 properties on a street segment while Plan B will address R3 properties on this same street segment. If sufficient funds are not available to provide insulation for a complete multiple family dwelling, the next multifamily dwelling (apamnent building or condominium) in the prionty list will be offered insulation. Buildings passed over due to insufficient funding will retain their initial pnority in future phases. The area defined as a street segment tray include single family, duplex, and multifamily dwellings. Although the sequence of sound insulation for Plan A and Plan B dwellings is the same, the two plans will proceed at different rates depending on the number of incompatible structures to be sound - insulated on a given street segment and the rate at which funding (FAA plus LADOA) is granted and expended. However, no residential unit which is not part of a street segment within the 100% Stage 3 CNEL 65 dB contour shall be acoustically treated before all residential units within the 10096 Stage 3 contours have been reared or the owner has been offered and declined treatment The purposed plan will allow establishing the order of sound insulation for all dwellings in each project plan (in trans of street segments) within the City of El Segundo early in the program. This tabulation will become an amendment to this tepom g C m -T -'I Table 2 Street Segment Priority Sequence for the El Segundo Residential Sound Insulation Plan (first 10 segments) Segment Priority Segment Description NCKEoisee Zone. dB I Imperial — western terminus to >72 Hillcrest 2 Imperial - Hillcrest to Loma Vista >72 3 Imperial - Loma Vista to Virginia >72 4 Hillcrest - Imperial to Acacia 71 to 72 5 Loma Vista - Imperial to Acacia 71 to 72 6 Virginia - Imperial to Acacia 71 to 72 7 Imperial - Virginia to Cedar 71 to 72 8 Imperial - Cedar to Main 70 to 71 9 Imperial - Main to Pepper 70 to 71 10 Imperial - Pepper to Eucalyptus 70 to 71 etc. 0 CM -I -Io 4. Process Land Use Compatibility Certificates An initial step prior to sound insulation will be to contact the owners of properties tentatively selected for the program, explain the requirements for a "certificate of land use compatibility." We have been advised by the LADOA Noise Management Bureau that this document will be provided to the City by LADOA. If the property owner accepts sound insulation and the sound insulation dwelling modifications are successfully installed, then the property will be deemed compatible, or (2) if the owner declines sound insulation, the property will be considered "compatible land use" per Section 5014 of the California Airport Noise Standard which states, "The airport proprietor has made a genuine effort ... to acoustically treat residences ..." For a given multiunit apartment building to be considered compatible, all living units in the apartment would require sound insulation. If individual owners in a condominium complex included in the program decline to participate, then their units would be deemed compatible usage under the State Noise Standards. S. Commence Sound Insulation/Execute Certificam The final step will be planning and initiation of the sound insulation on the selected project dwellings. The final designation of project dwellings — number, type, location, etc. — will not be possible until a certificate of compatibility is provided for each property area in the project. At that time, a firm list of project participants will be established. The certificate will be held until sound insulation has been satisfactorily completed; at that time, it will be recorded by the City. 6.0 PRELIMINARY COST ANALYSIS FOR THE EL SEGUNDO RESIDENTIAL SOUND INSULATION PROGRAM The present value casts for sound insulation of El Segundo dwellings were derived from the project report for an LADOA sound insulation program completed in 1990 (Wyle Research Report WR 90-13, "Stages 1, 2, and 3 of a Sound Insulation Program for Dwellings in the Vicinity of Los Angeles International Airport - Final Report," December 1990). Estimated sound insulation costs have been revised, adjusted for inflation, and include a 20% 10 allowance for architectural and engineering support. The estimated costs are presented in Table 3 This preliminary analysis of the costs for conducting the El Segundo residential sound insulation program is based on the following assumptions: • All future dwelling sound insulation costs in this Plan will be presented as "present value" estimates. • Estimates of the total costs for insulation of both single and multifamily dwellings are developed for insulation of dwellings within the 100% Stage 3 contours depicted in Figure 1. • For projections of future sound insulation costs, it is assumed that up to $2 million per year from the FAA will be matched by $2 million per year from LADOA for an annual El Segundo sound insulation budget of S4 million. • Combined FAA and LADOA funding will be divided equally between single and multifamily dwellings in accordance with the procedures given in Section 5.0. • The total program costs were determined by multiplying the individual sound insulation costs shown in Table 3 by the number of dwellings within each of the 10096 Stage 3 contour zones shown in Table 1. Actual costs will exceed the estimated figures, as dwellings must be treated to be compatible in the current year aircraft noise environment. The total costs were therefore adjusted to include the additional treatment required. • Based on these estimating procedures, the total cow for the El Segundo residential sound insulation program are estimated to be approximately S36 million. Costs are in 1993 present value dollars and are not adjusted for inflation in future years. Unit costs utilized for the estimate are based on average costs for prior LAX sound insulation programs. The program cost estimate will be revised as updated information is developed concerning dwelling count and single and multifamily sound insulation costs. 11 3M —S"/a- Table 3 Estimated 1993 Costs for Sound Insulation of Individual Dwellings Including a 20% Allowance for Architecture and Engineering Type Of Dwelling CNEL Zane 65 -70 70-75 75+ Single/Two Family $11,300 $32,500 $35,000 Multi- Family $4,000 $13,000 $19,800 J, 0 PROGRAM MANAGEMENT PROCEDURES Overall program management will be provided by El Segundo City staff, in accordance with policies and priorities set by the El Segundo City Council. Staff will assume responsibility for carrying out project priorities, interaction with the FAA and LADOA, and overall coordination with property owners - particularly in regard to acquiring and recording a Certificate of Compatibility for all properties in the project area. The City of El Segundo will hire a consultant(s) to take major responsibility for all phases of the project. The consultant will assume the role of project manager conducting the various management design and coordination functions requited in the program. The City of El Segundo will review and approve all interaction with property owners in regard to dwelling selection, selection of building contractors, and interaction with residents. however, the dwelling modifications will be conducted by a general construction contractor under a connect directly with the City of El Segundo. 8.0 REPORTING PROCEDURES The following repotting procedures will be adhered to by the City during program implementation. Project Review Meetings - Project review meetings to be held with LADOA are proposed as follows: 12 '(�M -S-� Prior to receiving FAA's grant to present City plan for expenditure of combined funds. Following initial interaction with property owners to determine which dwellings will receive residential sound insulation and which have declined the offer and are therefore compatible (in accordance with the California State Standards). Certificates of Compatibility will be reviewed. After completion of residential sound insulation for all project dwellings, review program history and present results of acoustic measurements to evaluate residential sound insulation. Progress Reports — To be submtned monthly to LADOA and FAA during active phases of the program, these reports will summarize program progress and expenditures. Final Project Report — Submitted at completion of each project phase funded jointly by an FAA grant and LADOA. This report will provide a review of all aspects of program implementation, evaluation of project effectiveness, and a list of all project properties. Annual Cumulative Progress Report — Provide an updated tabulation of all program financial transactions (reimbursement records, receipt of FAA grants, receipt of LADOA matching funds, expenditures of funds by category — city, consultant, contractor); func associated with residential sound insulation for each dwelling in program. 9.0 REVISION OF EL SEGUNDO BUILDING CODE The City of El Segundo has an historical interest in promoting an acceptable city noise environment. This has been addressed in the Noise Element of the Cancral Plan which states: "All new habitable residential construction in areas of the City with an annual CNEL of 60 dB(A) or higher shall include all mitigation measures necessary to reduce interior noise levels to minimum State standards. Post-construction acoustical analysis shall be performed to demonstrate compliance." The City of El Segundo intends to adopt local building code regulations to ensure that owners of any eligible property who have received public funds shall be responsible for 13 Cm —j - 14 ensuring that all habitable rooms subsequently to be added will be constructed to provide noise reduction at an interior CNEL not to exceed 45 dB(A). In addition, it is also the City of El Segundo's intention that building codes adopted by the City shall provide a requirement that appropriate sound insulation be provided in all new or remodeled structures within the Stage 3 CNEL 65 dB contour. 14 (2, m_ =_ t5 EL SEGUNDO RESIDENTIAL SOUND INSULATION PROJECT PLAN NO. I 1.0 INTRODUCTION This document is Project Plan Number 1 to support the City of El Segundo's first request for FAR 150 Grant thatching funding from the Los Angeles Department of Aupotts (LADOA) in the amount of $408,880, in accordance with the Board of Airport Commissioner's Resolution No. 18062. Background information on the El Segundo residential sound insulation program, a detailed description of program objectives, program implementation details, the pnondradon schedule, and dwelling selection procedures have been set forth in the El Segundo Airport Incompatible Land Use Program Plan (ILUP) separately submitted to the LADOA. The residential sound insulation project addressed in this Project Plan will be conducted in accordance with the procedures described in the ILUP. 2.0 DWELLING SELECTION GUIDELINES A systematic procedure for dwelling selection was described in the Incompatible Land Use Plan. This procedure is summarized in this section. This sound insulation program will be conducted in accordance with two plans. Plan A will be for sound insulation of single family and duplex structures. Plan B will be for insulation of multifamily (R3) structures. Available FAAA ADOA funding will be divided equally between the two plans which will be conducted simultaneously. Both plans will employ identical dwelling selection guidelines which ate described below. The two sound insulation plans will proceed essentially on a block -by -block basis from the highest noise zone to the 10096 Stage 3 Community Noise Equivalent Level (CNEL) 65 dB contour. A geographic unit referred to as a "street segment," will be used to define a geographic area receiving sound insulation in a particular phase of the El Segundo program. A street segment is composed of all the dwellings on both sides of a street contained within a single block. All dwellings in the bounded area with a post office address on the particular street will be considered as part of than strew segment. El Segundo streets are generally parallel or perpendicular to Imperial Avenue, which runs east and west. Street segments parallel to 1 C (Y\ y - Ve Imperial will be referred to as EW Street Segments. Street segments perpendicular to Imperial will be referred to as NS Street Segments. If a street segment is bisected by CNEL noise contours, the following will apply: if over 50 percent of the dwellings contained by the segment are in the higher CNEL zone, then all dwellings in the segment will be assigned to this noise zone. If less than 50 percent of the dwellings are in the higher zone, then all dwellings will be assigned to the lower noise zone. However, if any portion of a street segment is within the 100% Stage 3 CNEL 65 dB contour, the entire street segment will be considered to be within the comtotx. Street segments will generally be categorized with reference to a one decibel CNEL zone. With reference to Figure 1, the sequence of CNEL zones will be: greater than 72 dB, 71 to 72 dB, 70 to 71 dB, etc., down to the CNEL 65 dB contour. Street segments will be numbered to reflect the priority of each segment in the overall El Segundo ILUP. Segment numbers will therefore commence in the highest noise zone at the northwest corner of the city and proceed eastward until the contours defining the zone teach the City irmrL The segment numbers will then continue (west to east) in the next lower zone — again starting at the western edge of the city. Table 1 lists the first 10 street segments for the plan. It is recognized that adjustments to the selection plan will be requited for some cul -de- sacs and other unique sneer configurations. Both Plan A and Plan B sound insulation will commence simultaneously at the northwest corner of the City on Imperial Avenue. Both plans will employ the same street segments; however, Plan A will address only single family and duplex on a segment while Plan B will address multifamily units. If sufficient funds ate not available to provide insulation for a complete multiple family dwelling, the next multifamily dwelling (apartment building or condominium) in the priority list will be offered insulation. Buildings passed over due to insufficient funding will Lenin their initial priority in future phases. The area defined as a street segment may include both single family and multifamily dwellings. Although the sequence of sound insulation for Plan A and Plan B dwellings is the same, the two plans will proud at different sates depending on the number of incompatible structures to be sound - insulated on a given segment and the rate at which funding (FAA plus LADOA) is expended. However, no sound insulation shall be funded on a street segment C, M -:- - 1-1 FOR it — ��.. 7.m - �n r "I lb L m rLn I_ ■ fi �4 a E 3 m 0 e Ll M4 so LU eio 9 y p�p O La !V 4 �g c3 m C', rn - z - k�g Table 1 Street Segment Priority Sequence for the El Segundo Residential Sound Insulation Plan (first 10 segments) tit Priority Segment Description CNEL Zone, dB 1 Imperial — western terminus to >72 Hillctest 2 Imperial - Hillcrest to Loma Vista >72 3 Imperial - Loma Vim to Virginia >72 4 Hillcrost - Imperial to Acacia 71 to 72 S Loma Vim - Imperial to Acacia 71 to 72 6 Virginia - Imperial to Acacia 71 w72 7 Imperial - Virginia to Cedar 71 to 72 8 Imperial - Cedar to Main 70 w 71 9 Imperial - Main to Pepper 70 to 71 10 hrverw - Pepper to Eucalyptus 70 to 71 etc. 4 Crn_= -IR outside of the 100% Stage 3 CNEL 65 dB contour until all residential units within the 100% Stage 3 contour have been treated or the owner has been offered and declined treatment. 3.0 FUNDING SOURCES FOR PROJECT PLAN NO. I Funding in the amount of $408,880 is requested from LADOA to match FAA funds previously received by the City under AIP Projea No. 34)60139 -N8 for sound insulation of a Demonstration House. These LADOA funds will be combined with the $66,208 remaining in the FAA Grant (following completion of the Demonstration Home) to provide insulation for dwellings in El Segundo (see Table 2). With the matching funds from LADOA, a total of 5475,088 will be available to conduct sound insulation in accordance with the ILUP. The costs for implementing sound insulation for single/duplex and multifamily dwellings was provided in the ILUR it is also presented in this Project Plan in Table 3. 4.0 PROJECT PLAN NO. I SELECTION OF DWELLINGS Figure 2 is a map of the project area where the El Segundo sound insulation program will be initiated. This figure provides the addresses for both single family and multifamily dwellings. All dwellings in this initial program will require sound insulation appropriate for the >75 dB CNEL zone (see LAX 2Q92 Report). In accordance with the guidelines for dwelling selection in Section 2.0, the available funding of 5475,088 will be divided equally between single family/duplex and multifamily units. Using the figums from Table 2, the funding would permit: Esdmmd Appoovmaoe Cost per Number of Land Use Budget Dwelling Unit Dwellings SingWrwo Family $237,544 $35,000 6 Multif n* $237.544 5191800 12 Units The single family dwellings would be selected from street segments Nos. 4 and 5 (Hillcrest St. and Loma Vista SQ. The multifamily units would be on sneer segment No. 1 (impenal Ave.). 5 CM -i -era Table 2 Funding Available for Project Plan No. 1 El Segundo Residential Sound Insulation Program Total Budget for Demonstration House $511,100 FAA Share (80%) $408.880 Expenditures Through November 1992: Purchase Demonstration House $245,672 RSI Contractor $ 40400 Architect/Enginar $ 57400 Total Expenditures for Demonstration House $342.672 Balance After Demonstration House $ 66,208 LADOA Matching Funds X990 Funds Available for Residential Sound Imptarterrtadotr $475,088 Project Plan No. 1 6 Table 3 Estimated 1993 Costs for Sound Insulation of Individual Dwellings Including a 20% Allowance for Archiftcnm and Engineering Type of Dwelling CNEL Zone 65 -70 70-75 75+ Single/Two Family $11.300 $32,500 $35,000 Multi- Family $4,000 $13,000 $19.800 7 ter- -- - O - 1J712.iJ [ II: � iII7 t 117 [7^ ISII7 L� tF7f7 fli I.r 0 V 6. Z Q ® r a U1 ® 133Y1f Fi li ![ `1 l ll. J 1.} i _�4 FIll 1 I Ii M a `}71 till d Ili; Elm U1 WMI Fi li ![ `1 l ll. 'I'mu 1.} i Ma FIll 1 I Ii FFil `}71 till C}il Iti i2ii iti I - ■ ■■ COME jj N � ti e1 F 1 �-1 IJ t11 Y'i� i 1171 _ Ti u'4 r 11 DF 1i 11 N � u to W � V1 —1O 1 S e u_ .0 �y 9 !V 7 m LL C M S- ![ `1 l ll. 'I'mu 1.} i fill !(: 111: Ili; Elm bTf ill i 1171 _ Ti u'4 r 11 DF 1i 11 N � u to W � V1 —1O 1 S e u_ .0 �y 9 !V 7 m LL C M S- Until the details of the program are explained to the individual property owners and these owners decide whether they wish to participate in the project and sign a Certificate of Compatibility, the specific dwellings for the project cannot be established. In addition, the individual dwelling sound insulation coats given in Table 3 are estimates for an average structure in the LAX impact area. Individual costs for single/two family and multi -unit dwellings will differ depending on the chxrocaristics of the structure and the number of dwellings to the program. As this project is for a very limited number of dwellings, construction costs may exceed the estimates given in Table 3. 5. 0 PROJECT SCHEDULE Figure 3 is the Preliminary Sound Insulation Schedule for this program. 9 CrYN_�'O�� EEO Y 7 L tgog .S N g 0 H C u 9 .y Y D: A C I an LL Q, m - T - a= 0 a ao h N r O � � Y 4 M N G0 EEO Y 7 L tgog .S N g 0 H C u 9 .y Y D: A C I an LL Q, m - T - a= r 5 04 y S O a OY J'A �a1 C M�p no C { i�7 f►' � � � Q {I v SC f O Z w ', C6 " a all, , a gg� m 1A a CITY OF EL SEGUNDO RESIDENTIAL SOUND INSULATION PROGRAM n, m - -- Z-1 PREFACE (Optional) (This could be an overview by a City official) The City of El Segundo is undertaking a residential sound insulation program to reduce aircraft noise levels in homes located near Los Angeles International Airport at no cost to the homeowner It is an exciting program which will eventually be expanded to include all single and multi- family units in the City of El Segundo which are severely impacted by aircraft noise. Improvements will be undertaken in each of the residences to assure acceptable noise reduction levels. These can include the installation of acoustic windows and doors, extra insulation in attics and, in some cases, the installation of secondary wall and ceiling materials. Seven single - family horses and 33 apartment units in the City have already received sound insula- non under previous programs conducted by the Los Angeles Department of Airports. The occu- pants of these dwellings are very pleased with the reduction in aircraft noise resulting from the sound insulation. Additionally, a single - family residence located at 910 Hillcrest Street in El Segundo has been sound - utsulated and will serve as a Demonstration House and Temporary Project Office. We urge you to visit the Project Office to personally experience the effects of the sound insulation Note: DraWngs and photos to be included in the broehun are idenhjlied in capitol letters. r ty) -a Section 1 INTRODUCTION The City of El Segundo is implementing a program to provide sound insulation for homes impacted by noise from aircraft operations at Los Angeles International Airport. This program will be funded jointly by the Federal Aviation Administration and the Los Angeles Department of Airports The program will be managed by the City of El Segundo's Airport Projects Administrator with technical support provided by an Architect/Engineer — a consultant to be hued by the City. The program will be implemented in a systematic manner, commencing (initially) with dwellings experiencing severe aircraft noise adjacent to LAX and proceeding southward into the City during subsequent program phases, until such time as all houses within the 100% Stage 3 CNEL 65 contour have been sound - insulated (see Section 4) IW% STAGE 3 CNEL CONTOURS Acoustic engineers and architects will work with each selected homeowner to develop a set of building modifications which are aesthetically acceptable while at the same time achieving the desired interior noise goals of the program. Typically, these modifications will include upgraded windows and exterior doors and, in higher noise areas, interior wall and ceiling treatments. Noise measurements will be carved out before and after the dwelling modifications are applied Frequent on -site inspections will be conducted to ensure that the work has been done properly This booklet is intended to provide information this sound insulation program to interested residents in the project area so that they may m an informed decision as to whether or not they would like to volunteer for participation in the program A Demonstration Horne and Temporary Project Office has been established at 910 Hillcrest St. All rooms in this dwelling have been sound - insulated Interested El Segundo residents are invited to visit the Project Office and directly experience the reduction in interior noise levels from aircraft overflights resulting from the application of sound insulation. Contact the El Segundo Airport Projects Administrator at 310/ 322 -4670 to make an appointment to inspect the Temporary Project Office. ,.> PHOTO — TEMPORARY PROJECT OFFICE G m - r -_� 9 Section 2 DESCRIPTION OF THE SOUND INSULATION PROGRAM This section answers questions about the Procedures to be used in choosing the El Segundo dwellings to receive sound insulation. How will the participants be chosen? Dwellings (single- family, duplex, tri –plex, and multiunit) will be selected based on a systematic Procedure. The initial phase will begin with dwelling units in the highest noise zone (northwest corner) in the City and continue toward the limit of the 100% Stage 3 CNEL 65 dB contour. We expect the program to be funded in annual increments, with grants from the FAA matching funds to be provided by the LADOA. Each year, property owners who may qualify for the program will be notified by mail. A City representative will subsequently contact the homeowner by telephone to set up a meeting to discuss the procedures and requirements for participation. How can I get more information to help me decide if I want to participate? As mentioned above, participation is based on a prioritized system and you will be contacted by the City However, descriptive information can be obtained from the Airport Projects Administrator at City Hall located at 350 Main St What happens after my home is selected? At the initial meeting in the Temporary Project Office, which will take about I hour, a City representative will discuss the program with you and answer any questions you might have. You will be given a copy of the Land Use Compatibility Certificate which you will be asked to sign before the sound insulation modifications for your home are started. You will not have to sign this document at this first meeting but will be able to study it at your leisure. Finally, you will be given a "Request to Participate' form that you must sign and return to the project office if you desire to continue in the Program. This document indicates your willingness to sign the Land Use Compatibility Certificate and continue with the program if the sound insulation plans developed for your home are mutually acceptable. At this fast meeting, or shortly thereafter, an architect will visit your home for approximately one -half hour to examine it for building code compliance. We are not able to accommodate major improvements to the home that are not related to sound insulation but which current housing codes might require. What happens next, V I decide to participate? If your home has no major code deficiencies and you have returned a signed "Request to Participate form, an appointment will be made for a second visit to your home. At this time, an architect will sketch the floor plan and measure room, door, and window sizes. These data will be used for preparation of sound insulation plans PHOTO — TECHNICIAN CONDUCTING NOISE MEASUREMENTS Cm -J7-30 An acoustic engineer will subsequently conduct interior and exterior acoustic measurements. Weather and the number of aircraft overflights permitting, this process should take no more than four hours. All of this information will be used to determine the optimum combination of sound insulation modifications needed to achieve the desired interior noise goals for the program. When the design of the proposed sound insulation modifications for your home is completed, a third visit to your home of approximately 1 hour duration will be arranged. At this time, a City representative will present you with the plan of the proposed modifications. Each element of the proposed modifications will be explained and all questions answered. Any requested changes to the plan will be considered. The Land Use Compatibility Certificate must be signed at this time if you intend to participate in the program. DRAWING — FLOOR PLAN Once the modification plans are satisfactory to each party, they will become pan of an Authorization to Proceed agreement that is signed by both parties This document will contain the following elements- An agreement by the City of El Segundo to have a contractor provide the agreed - upon sound insulation modifications; An agreement by you not to engage that contractor in any additional work beyond that contracted by the My of El Segundo while the sound insulation modifications are in progress; An agreement by you to provide reasonable access to your home for the contractor, the City, and the City's representatives and for you to be present (or have an authorized representative present) during such visits; and An agreement by you to perform any pre - work necessary to prepare your home for the sound insulation modifications. When will construcdon begin? When the designs and necessary bid documents for a group of homes are completed, a set of bid documents will be prepared and then advertised for bid. During the bid process, it may be necessary for contractors to inspect some or all the homes included in the bid package. Any such visits will be coordinated by City representatives, who will attempt to minimize interruption to the homeowner /occupant. Construction on the homes should begin shortly after a contract is awarded. Actual work on any given hone should take plaza over a period of from one to three weeks, depending on the extent of the modifications to be done. Every attempt will be made to accommodate the homeowner's schedule in the construction process. You will be able to live in your home during the entire construction process and every attempt will be made to minimize intrusion into your normal activities. Construction debris will be removed and your home will be secured at the end of each work day. The City staff will be available throughout the construction process to answer any questions and respond to any concerns. CM-7-51 Throughout the construction process, City representatives will inspect the materials and workmanship being used. This procedure will insure a high level of quality control for the Project. When all the work on the home is completed, a City representative will visit the home to check that all the work has been Properly done. Any deficiencies noted will be Mrrected by the contractor. ' x•`33° ^"� `��i,�': ti :`r`� �"k ' • .j k PHOTO — RSI WORK IN PROGRESS Shortly after modifications on a group of homes are complete, acoustic measurements will be trade in each home to determine if the sound insulation goals of the program are achieved. This process will be similar to that which was initially carried out and should require approximately four hours, weather and the number of plane overflights permitting. About a month after the sound insulation modifications have been completed, a questionnaire will be sent to you inquiring about your satisfaction with the new noise environment inside your home. You should complete this as soon as possible and return it to the protect office The analysis of the responses from the participants of the program will be an important element in developing the procedures for future phases of the program. rd Cm -1 - 3 � Section 3 PROCEDURES FOR RESIDENTIAL SOUND INSULATION This section answers questions about the procedures and materials that are commonly used to improve the noise level reduction of a home's structure What types of things are done to sound insulate a home? The mayor paths by which noise from outside the home travels to its inside are through openings in the building's structure. When these have been sealed, by repairing holes and cracks and closing windows and doors, the windows and doors then become the major noise path. Adding tight sealing windows and doors provides some improvement but, in many cases, specialized acoustic windows and solid -core doors, which transmit less noise than do normal units, is required. In higher noise zones it is sometimes necessary to add secondary interior walls and ceilings to some rooms to achieve the interior noise goals. In El Segundo, the normal flight paths are usually on the north side of the house and it may be sufficient to provide such treatments only to rooms on the sides facing the flight paths Thermal insulation is added to attic spaces and between secondary and primary wall structures to prevent the reverberant build -up of sound energy Baffles are added to arc and through - the -wall ventilation openings to prevent straight line paths for noise to enter. Crawlspace ventilation openings are baffled to prevent outside noise from entering living areas through the floor a`�hhwv.µQgiF� NO IW SOUND TRANSMISSION PATHS INTO DWELLING What are acoustic windows? In higher noise areas, normal house windows do not provide enough sound insulation to meet the noise goals of the program. It is expected that acoustic windows will have to be used in these areas. An acoustic window unit consists of two panes of glass, separated by an air space of approximately two inches. The window frame must be specially designed so that it provides sound insulation equivalent to the dual window panes. Although normal thermal pane windows contain two panes of glass, their separation is not great enough to isolate each pane from the other and they vibrate as a single unit. As a result, such thermal windows are generally not equivalent to an acoustic window. In cases where a secondary interior wall is to be installed in a room, an alternate to the replacement of the existing windows with acoustic windows is the addition of secondary normal windows in the secondary wall Examples of acoustic window systems can be seen in the Temporary Project Office Cm -s -33 ACOUSTICAL WINDOW SYSTEM SECONDARY WINDOW SYSTEM What types of doors are used? Hollow -core and panel exterior doors do not usually provide enough noise reduction to meet the noise goals of the project. Such light - weight doors are replaced with acoustic (solid -core wood) doors. It may not be necessary to replace existing exterior solid core doors that are in good condition In many cases, specialized door seals and secondary doors will have to be added. What are secondary walls? In higher noise areas, it is often necessary to add interior walls to those rooms facing the flight paths. Such modifications can range from the simple attachment of an extra layer or two of gypsumboard to the existing wall to the addition of a separate isolated wall unit TYPES OF WALL MODIFICATIONS R What is done to ceilings? In most cases it is only necessary to add additional thermal insulation in the attic space of the house. In higher noise areas, it is necessary to attach an extra layer or two of gypsum board to the existing ceiling in rooms that are not Isolated from sound entering through the roof by a second floor or an attic. There are so many possibilities! How do you decide on what combination of things to do? A Sound Insulation Design Guide has been Prepared by the Los Angeles Department of Airports. This document is based on previous sound insulation programs around LAX and provides basic directions to the City and their consultant by identifying the modifications necessary to modify dwellings in each noise zone. In addition, acoustic measurements will be made to determine the current sound insulation properties of your house and measurements will be made of room, door, and window sizes. Acoustical engineers and architects will use this informanon in preparing the sound insulation modification designs that will be presented to you for approval. ,In_ -_3 t/ Section 4 SOME ACOUSTIC CONCEPTS This section answers some of the common questions about the acoustic terms used to describe a Sound Insulation Program. What is a decibel? Sound energy is measured in units called decibels, abbreviated as dB The decibel scale is different than normal measurement - scales in that a halving of sound energy corresponds to a decrease of 3 dB, and not a halving of the number of decibels as might be expected. Such a scale is called a logarithmic scale and the quantity being described is called a sound level. Noise measurements for sound insulation Projects and other studies dealing with human reaction to noise are usually "A- weighted," designated as "dB" in this booklet. Although a 3 dB decrease in sound level corresponds to a halving of the sound energy received at a person's ear, it does not correspond to a halving of the amount of noise perceived by that person because of the nature of the hearing process In fact, a 5 dB decrease is about the minimum change easily noticeable. On average, it takes a 10 dB decrease in sound level, which corresponds to one -tenth of the original sound energy, in order for a person to judge the sound to be "half as loud." TYPICAL SOUND SOURCES 7 What is CNEL and how does it relate to ordinary sound measurements? CNEL stands for Community Noise Exposure Level. It is a particular way of averaging the total sound energy that is received at a given location during a 24 -hour period, in which evening (7 PM to 10 PM) sound levels are penalized by the artificial addition of 5 dB and nighttime (10 PM to 7 AM) sound levels are penalized by 10 dB. Since values of CNEL are closely associated with a community's reaction to noise, they are used by the State of California and the Federal Aviation Administration to describe the exposure to aircraft noise. Federal funding is normally available to sound insulate homes in locations having CNEL values greater than 65 dB Since the value of CNEL is an average sound level, it does not represent any actual momentary sound level measurement. When a plane flies over a home, maximum "tenor sound levels higher than the CNEL value at the residence are experienced. However, when these maximum levels are averaged with the lower background levels that occur when no planes are present, the result is a value between the maximum and the background levels. Actually, since CNEL is the average of the sound energy, not the sound level, the resultant average value is much closer to the maximum levels than to the background levels. What are the interior noise goals for the program? In its Airport Improvement Program Handbook, the Federal Aviation Administration requires that the home sound insulation projects which they fund achieve an interior CNEL of 45 dB in major habitable rooms for aircraft operations Therefore, at least 20 dB of noise level reduction Cm -T - ice from outside to inside must be provided in major habitable rooms of a residence located in an area where the exterior CNEL is 65 dB. Similarly, in an area having an exterior CNEL of 70 dB, a minimum noise level reduction of 25 dB must be provided In addition, since it takes an improvement of at least 5 dB in noise level reduction to be perceptible to the average person, the Federal Aviation Administranon requites that any residential noise insulation project must be designed to provide at least that amount of improvement. Both of these criteria are minimum goals required by the Federal Aviation Administration 0 L rn_7- -3 6 Section S FREQUENTLY ASKED QUESTIONS Who decides what type of modifications will be done to my home? The sound insulation modification recommendations for your home will be based on the Sound Insulation Design Guide prepared by the Los Angeles Department of Airports. This document identifies the dwelling modifications required to achieve `- the desired noise goals of the program. These modifications will be discussed in detail with you before work is begun. Any changes to the original plans will be agreed upon by you and the program staff J recently installed new windows and doors. Will the program reimburse me for these improvements? Improvements completed by the homeowner prior to participating in the sound insulation program are not eligible for reimbursement. Will air conditioning be provided? In order that the sound insulation modifications be effective, windows and doors must be kept closed at all times. In order to provide comfort during warm, humid months, a central forced air ventilation system will be supplied as part of the sound insulation modification package if the home does not already have one Existing forced air systems will be modified to provide for the introduction of fresh outside air and, if necessary, upgraded to provide the necessary comfort level At present, the Federal Aviation Administration will only provide funds for air conditioning systems equal to the amount that the required ventilation system would cost. 0 C'rn ') -S -3 7 EL SEGUNDO CITY COUNCIL MEETING DATE: 8/8/95 AGENDA ITEM STATEMENT AGENDA HEADING: New Business, City Manager WENDA DESCRIPTION: Consideration by City Council to offer residents 80% funding for residential sound insulation (RSI) program RECOMMENDE5 COUNCIL ACTION: 1 Discussion 2. Approval of Plan to offer 80% funding for residential sound insulation to residents willing to contribute 20% payment for insulating their residence against airport noise BRIEF SUMMARY: The FAA RSI grant program is an 80120% shared cost program The FAA provides 80% of the cost of RSI The City must develop the source for the 20% balance The Los Angeles Department of Airports ( LADOA) established a program in May, 1992, in which committed to match each FAA grant The City elected to participate in the LADOA's matching grant program, expending funds and effort to meet all prerequisites. Two LADOA grants were allocated to the City in the amounts of $408,880.00 and $1,333,333.00. It was anticipated that the 20% match for the FAA grants would be drawn from the LADOA grants. LADOA has failed to honor the tenants of its matching grant program and failed to provide El Segundo with any funding. FAA grants to El Segundo have included the following. 7/90 $ 408,880 5/93 1,400,000 6194 1,000,000 5/95 1,000,000 (current allocabon) On May 10, 1995, the FAA allocated $1,000,000.00 to the City for RSI. This allocation is different from the FAA grant allocations which preceded it in that an expiration date is assigned If the City does not have clear evidence of a viable RSI program included in its project application, to be submitted not later than September 2, 1995, the FAA's $1 million allocation will be withdrawn and the funds committed elsewhere In order to avoid loosing the current $1 million FAA allocation the City must identify a reliable source for its 20% matching funds. Possible sources include, but are not limited to the LADOA, the City's General Fund, and individuals receiving the RSI. It is extremely dplikely that the LADOA will provide the promised funds under terms acceptable to the City The expenditure of General Fund monies for RSI would not be consmtant with past City practices If impacted residential unit owners want to proceed with this program at this time, the only alternative appears to be to have them fund the needed 20 %. Costs for providing RSI will vary by building size, type and location. Listed below are the estimated costs per unit for participation in the program The cost figures include construction and program administration costs. APARTMENT /CONDO TYPE STRUCTURES 65 - 70dB CNEL 70 - 75d8 CNEL 75 +db CNEL COST DIVISION FAA / Owner FAA / Owner FAA / Owne 5,290/1.32 11.020 / 2.760 14.6901 3.670 TOTAL EST. COST 6,610 13,780 18,360 DUPLEX TYPE STRUCTURES 65 - 70dB CNEL 70 - 75dB CNEL 75 +db CNEL COST DIVISION FAA / Owner FAA / Owner FAA / Owner 8.245 / 2.060 19.09014.770 22.135 / 5.530 TOTAL EST COST 10,305 X23,860 27,665 SINGLE FAMILY TYPE STRUCTURES 65 - 70dB CNEL 70 - 75d6 CNEL 75 +db CNEL COST DIVISION FAA / Owner FAA / Owner FAA / Owner 12,815 13,205 29,540 17,460 35,840 18,960 TOTAL EST. COST 16,020 37,300 44,800 If an owner participation program is approved by the City Council, the public will be notified of this opportunity. Participation will be on a most- to-least- impacted, first come first serve basis. This program is different from our current program plan in two respects First, we will not be confining eligibility solely to the most impacted one or two blocks in the City Second, rather than the City collecting funds from the LADOA, it would collect the homeowner's 20% contribution at the time the homeowner signs his/her/their Permission to Proceed Authorization form At that point the homeowner has received a briefing and drawing of exactly what will be done to the home to meet State noise standards and will know exactly what the work will cost It is estimated that between 25 and 150 residences can be insulated with the current FAA grant and homeowner contribution of 20% As soon as the City has an acceptable list of qualified participants it will conduct the necessary acoustical and engineering analyses necessary to create a lid package for contract Simultaneously, a new plan/appica- bon will be developed for Council approval and submission to the FAA. The new application will address our new list of homes and the work to be done on them If there is insufficient interest and no new, viable alternatives then the City will forfeit the current, allocated FAA grant ATTACHED SUPPORTING DOCUMENTS: 1 Copy of FAA's allocation confirmation dated May 10, 1995. 2 Copy of FAA's program stipulations dated May -12, 1995 FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: None Project/Account Budget: $1.573.000 ProjecVAccount Balance: $1,573,000 Date: August 4. 1995 Account Number., Project Phase_ Appropriation Rei Harvey G Holden, Secretary, El Segundo Noise Abatement Committee REVIEWED ate: James W Morrison, City Manager ACTION TAKEN: THE CITY OF EC SEGUNDO PRESENTS A series of free workshops to small business owners and managers, as well as pro- spective entrepreneurs, by the Small Business Development Center (SBDC). Each workshop will be held at: City of El Segundo Council Chambers, City Hall 350 Main Street E1Segundo YOU CAN LEARN: • How To Start-pp Your Own Business Wednesday, September 27, 1995 - 9:00 a.m. to 12 noon Many small businesses fail within the first two years. By following the formulas taught in this workshop, the chances of success are multiplied. • How to Prepare A Business Plan Wednesday, October 11, 1995 - 9:00 a.m. to 12 noon A properly thought out business plan will save costly mistakes and it is essen- tial in obtaining a loan. This seminar covers the basics of a business plan including contents, purpose, style, presentation and financial statements. • Marketing Your Product Or Service Wednesday, October 25, 1995 - 9:00 a.m. to 11 a.m. Learn to determine customer's needs, how competitor's impact a business and how to identify the market niche where a business can be most successful. • Financing Your Business Wednesday, November 8, 1995 - 9:00 a.m. to 11 a.m. Discover sources and types of available financing, how to secure a loan, basic financing terminology and financial resources. Call the SBDC at (310) 787 -6466 to make a reservation Funding for the free workshops has been provided by the City of El Segundo. 136 Sap -13 -95_06 _07A .... ___ _._ __._ P.01 rowuui DRAFT Memorandum September 12, 1995 TO. Mrs. Patti wood Girl Scout Neighborhood Chairperson From William N. Manahan Joann Davis SupairReodem Director of Business Service Subject. Occupancy of Madsen House by the School District for The Learning Connection (TLC) — Impact on El Segundo Girl Scouts and Resolution of Concerns The Superintendent, Director of Business Services, Director of Maintenance alt Operations, and Director of The Learning Connection (rLC) me with representatives of the El Segundo Girl Scouts at the Madsen House, located at 640 Virginia Street, on Monday, September 11, 1995, at 5 00 p m. to discuss and tddres9 concems the Girl Scouts bad with respect to the District utiliang the Madsen House for its before and after - school daycare program The purpose of this memorandum is to identify responses of the District to Girl Scant representatives as a result of the District relocating its TLC daycare program and also to identify the areas in which the District and the Girl Scouts will work together to alleviate any problems as a result of the relocation. The District agreed to- Complete the interior renovation of the Madsen House as quickly as possible, ensuring that modifications take place, enabling the Girl Starts to joint -use the Madsen House facility after 6:30 p m. and until approximately 10.00 p m., Monday through Friday, as well as on the weekends In addition to the current interior improvements, the following additional improvements/procedures will occur 1) Frosted glass placed in all windows within bathroom areas; inua kwon of s door on the northwest storage area within the building; dean -up of the kitchen, but no renovation; installation of mini-bhnds in all window asirilm installation of bulletin boards on interior wall surfaces in the large meeting area. (The School District does not plan to utilize the latehen area.) 4Y 0- 137 Sep- 13- 95- 06 :07A - -- --- "" ........ .... " P.02 W.., Mrs Patti Wood Two 1995 2) Madsen House will be made available for use by the Girl Scouts after 6:30 p.m, Monday through Friday and on weekends, provided that the Girl Scout troops submit a "Use of Facilities" form for the period requested. 3) The District will provide the Girl Scouts with storage was in the Madsen House to house all of the Girl Scat equipment. A topographical map of the interior of the Madsen House will be provided; storage egwpment areas for the Girl Scouts and storage areas for the School District and any joint storage areas will be identified 4) Tiro School District will agree to Girl Scout usage of the Middle School cafeteria and a portion of the storage area immediately adjacent to the Middle School cafeteria for after. school meetings. A "Use of Facilities" form will be submitted by the troops indicating the time period and the duration of the use 5) The School District will provide for space for locked storage cabinets in the Middle School cafeteria storage area for storage of Girl Scout troop supplies The District will also provide for transfer of those supplies for Girt Scout afternoon meetings from the Madsen House to the cabinet arts at the Middle School, if desired. 6) The District will drywall the interior south wall of the middle storage area on the south side of the building. 7) Setup of Madsen House spaces for Girl Scout meetings shall be requested in the "Um of Facilities" form by Girl Scout troop leaders, and District staff will provide for table and Ault setups and any other normal setup requests associated with facility use a) Provide keys to exterior and any internal doors to Girl Scout leaders. 9) Provide trash bin for Girl Scouts during Girl Scout's clamp of equipment storage areas and removal of old and unusable materials. In looking at additional space that could be utilized for Girl Scout meeting places, two other areas have come to mind —1) the High School teachers' lunchroom adjacent to the student cafeteria area, which is easily accessible by foot traffic and comment parking avagable; 2) the Arent High School gyrim asium area (adjacent to the Board of Education meeting room), which is also easily accessible by foot traffic and convenient nearby packing available. Both of theme areas are unused in the late afternoon and evening hours and could be made available to Girl Scouts for meeting purposes if you have any further questions or would like additional clarification, please fed free to call either Joam or me at 615 -2650. The School District is looking forward to working cooperatively with the Girl Scouts for the benefit of all the children ofEl Segundo WNM.rh Attachment (Use of Facilities Form) cc Board of Education Mrs. Megan Cassette, Principal of FJ Segundo Middle School Ms. Billie Jean Knight, Principal of EI Segundo High School Ili William Watkins, Principal of Arena High School Mr Bert Huoter, Director of Maintenance do Operations e- 138 318 646 8272 09/06/95 15 19 FAX 310 640 8272 EL SEGUNDO U S D IV El Segundo Unified School District 641 SHELDON STREET • ELSEGUNDO, CAUFORNIA90245 (310)615 -2650 • FAX (310)640 -8272 SUPERINTENDENT WILLIAMN MANAHAN. E&O September 6, 1995 Mr. James W Morrison City Manager City of El Segundo 350 Main Street El Segundo, California 90245 Re. Madsen House Dear Mr 69rrison: v�l ¢j 00 1 BOARD OF EDUCAMN CHRISTINE SHERRILL Pnadre KERHR WISE VAHf1e.L4. KENNETH N SCHOFIELD CBM ALAN D LEITCH LORRAINELLOFLIN Ne Mxr It has been indicated to me that the Mayor placed an "emergency" hem on the City Council Agenda for the September 5 meeting regarding the School District's decision to utilize the Madsen House for before and after school daycare for its kindergarten students and the impact of that decision on the Girl Scouts in El Segundo I have heard several different versions of comments made by City Council members with regards to this issue, and, as of 2-00 p m. today, I have not viewed the City Council tape However, since it is important to keep lines of communication open, I want to provide you with a summary of what has occurred and what occurred prior to this decision by the School District. Also, I need to reiterate that the School District absolutely appreciates the impact on the Girl Scouts of El Segundo and is willing in any way whatsoever to provide additional space or develop a plan to jointly use the Madsen House, while waiving any direct costs as a result of this anticipated inconvenience First of all, let me tell you that in the Spring of 1995, I talked with the Director of Recreation and Parks, Mr. Tim Fauk, asking clarification from the City with regards to who was responsible for the Madsen House Approximately two weeks after my inquiry, fun returned my telephone call and indicated that the City determined that the Madsen House was not part of the Amendment to the Agreement for use of the "playground and recreation area at 615 Richmond Street" (El Segundo Middle School) and that the School District was responsible for the Madsen House. I had asked this question because of the condition of the building — both the exterior and interior In late April, 1995, of the last school year, I contacted Mrs. Patty Wood, the name of the person I had as the representative of the El Segundo Girl Scouts, and informed her that the number of 0" ,-Ad & hso, d d'de'A owd 46 ao..Re.M+ esddL cos o/ ' 4en.�.�:�./.g sw°iLonewd 4W/Nyf� 0AWS44 �i4odvtn,4 wo0aAk~4 a4ywa 4 .w d 46 dial4..ge► ejl a yfvAd Aae4 e. die 2,id WavAny. 139 310 640 8272 09/06/95 15 19 FAX 310 640 8272 EL SEGUNDO U S D 2002 Page Two Mr James W. Morrison September 6, 1995 kindergarten classes and the number of kindergarten students enrolled in daycare and those on the waiting list could very+ possibly require the School District to use the Madsen House for a daycare facility in 1995 -96 I indicated to her if this possibility existed, I would notify her as soon as possible. I began working with staff to identify all of the kindergarten students for this particular school year well in advance of this September We have literally "beat the bushes" to get parents to sign up their students in advance of school opening. On Friday, August 25, I had a tote? of 210 kindergartners signed up (four classrooms — eight kindergarten classes). I had heard on that particular Friday that there were rumors being circulated that the School District was going to use the Madsen House for daycare. I called Patty Wood after receiving a call from another Girl Scout leader and asked if she had heard anything She said the men working at the Madsen House were telling individuals that the School District was fixing it up for daycare I clarified for Mrs. Wood that, in fact, we were renovating the exterior and interior of the Madsen House because that possibility existed. However, as of Friday, August 25, we did not have enough kindergarten students to consider using it I also indicated at that time that I thought the possibility of using it was remote. Well, let me tell you that between Friday, August 25, and Friday, September 1, the School District enrolled an additional sixteen kindergarten students, which necessitated that we expand kindergarten by one additional kindergarten class. This also meant that the portable building behind the Middle School being utilized by The Learning Connection daycare would have to be a new kindergarten classroom, causing the daycare to be relocated to the Madsen House location I wrote a letter (a copy of which is attached for your information) to Patty Wood indicating the situation and also indicated that the School District was willing to work with the Girl Scouts to locate other available places/spaces for them to meet. Subsequent to that letter, I have talked to Patty Wood on September 5 (Tuesday) and September 6 (Wednesday) indicating that I felt there were possibilities for joint use of the facility in the evening hours and that I was willing to meet with Girl Scout leaders The meeting has been scheduled for Monday, September 11, at 5:00 p.m in the Madsen House. I will be bringing a list of other available School District spaces that the Girl Scouts can use at no cost — direct or indirect It was my assumption that information regarding the possibility of using the Madsen House was communicated to Girl Scout leaders in the late Spring of 1995, but apparently did not get circulated to all of the Girl Scout leaders I have received calls from two Girl Scout leaders, however, who indicated that they were told a year ago that this possibility existed, that they were not surprised by the District's action, and that they have already found alternative locations to hold their troop meetings The School District has been operating the TLC for one year, and the enrollment for daycare has doubled since the YMCA left the School District. The surplus of funds generated from the 140 Z10 640 6272 09/06/95 15.20 FAX 310 640 8272 EL SEGUNDO U S D Page Three Mr James W. Morrison September 6, 1995 operation of the TLC in 1994 -95 was minimal In analyzing the revenue and expenditures, the School District netted a surplus of $7,514 The turnover in staff, the changes in parent schedules for their children, and the low rates charged for daycare service are some of the reasons that the School District made a small surplus Please ]mow that it is the intent of the Board of Education to provide an affordable before and after school program and that is, obviously, what we are doing. We have even been criticized for setting our rates too low • It is obvious that all the facts regarding the District's decision to utilize the Madsen House were not available to you or the Council, and my reason for sending this letter today is to clarify for you and City Council the sequence of events. Why parents wait for the last possible minute to enroll their kindergarten students or to tell us of changes is somewhat frustrating, but it does not just pertain to kindergarten students, it occurs at all grade levels We are possibly a whole lot better off at the kindergarten level than at some of the other grade levels where we think we may have lost some students The Board of Education is sensitive to the impact this has on the Girl Scouts. We have upgraded the exterior of the Madsen House, and we are in the process of upgrading the interior I do not think the large kindergarten enrollment can continue for more than one or two years In fact, I would be surprised if we have this enrollment in 1996 -97; although we may The birthrate in Los Angeles County dropped off somewhat five years ago As soon as the School District no longer needs the use of the Madsen House and it is available at other hours of the day, the Girl Scouts have first call. The facility will have been upgraded dramatically Please know that the School District is installing heating and air conditioning, lowering the ceiling, re- tiling, re- plumbing, installing water fountains, cleaning up the outside area, and installing new and additional windows for ventilation If additional information is needed for clarification, please do not hesitate to call me and request it Sincerely yours, William N. Manahan Superintendent WNM.rh '` 141, Q003 310 640 8272 09/06/95 15 21 FAX 310 640 8272 EL SEGUNDO U S D 1* El Segundo Unified School District 641 SHELDON STREET • EL SEGUNDO. CAUFORNIA 90245 (310) 615 -2650 •FAX (310) 640.6272 SURENKTENDENT WILUANIN MANAHAN Ed September 1, 1995 Mrs. Patty Wood 640 East Imperial Avenue Unit Number 3 El Segundo, California 90245 Dear Patty: 11004 BOARD OF EDUCATION CHRISTINE M SHERRILL RMNINN KEITH WISE V" PnRWnI KENNETH N SCHOFIELD cBR ALAN D LEITCH LORRAINE L LOFUN MIAIDFI The purpose of this letter is to inform you as the representative of Girl Scouts in El Segundo that the Madsen House facility utilized by the Girl Scouts over the last decade or more is now being considered as a facility to be used in providing before and after school daycare for parents of kindergarten students in the El Segundo Unified School District. As you are aware, the El Segundo Unified School District has been growing over the last four school years and, in particular, the focus of this growth has been at the kindergarten level. There were 217 kindergartners utilizing four classrooms at the Middle School on a shared -basis in 1994 95, four classrooms and eight kindergartens were projected for this school year. As of Friday, September 1, 1995, we have exceeded last year's enrollment "on paper" by eight students, and according to the Principal of Center Street Elementary School, additional new kindergartners are registering each day. In addition, the District before and after school daycare, The Learning Connection, has forty -three children enrolled and eleven kindergarten children on the waiting list Utilization of the Madsen House will enable the School District to serve additional students on the waiting list It is 'ironic that in researching the history of the Madsen House, that I found that originally the facility was utilized for daycare during the period of World War H. Apparently, subsequent to that, there was a nursery school at that location The Girl Scouts have been the primary users of the facility since the early 1970s. Therefore, I am sensitive to the impact that utilization of the Madsen House by the School District will have on facilities for the Girl Scouts of El Segundo. We have numerous school sites with classrooms, multi- purpose rooms, and cafeterias that the School District can make available at no charge to the Girl Scouts, other than direct costs. e600� w4yww 10 meI As da&n) t yla ykAd d0vidy on 46 Plat TwainyI 142 310 640 8272 09/06/95 15 22 FAX 310 640 8272 EL SEGUNDO U S D Page Two Mrs. Patty Wood September 1, 1995 The School District began restoration of the Madsen House this summer and has yet to complete that restoration project to staffs expectations. However, the restoration that took place was for two purposes. 1) to rectify the unsightly condition of the Madsen House exterior and interior, and 2) to prepare the site for use by the School District Utilizing the Madsen House for daycare would mean that the School District would operate that facility from approximately 6.30 a.m to 6:30 p.m daily Equipment and materials for daycare would be housed at the facility and,would negate any additional use of the facility during non - operational hours. I very much appreciate your understanding in this matter and can also appreciate any concerns you might have with regards to finding another suitable location for the Girl Scouts to meet in El Segundo. Along those lines, it would seem to me that the Girl Scout facility, affectionately known as Camp Eucalyptus and located on California Street immediately behind Center Street Elementary School, is in what appears to be a deplorable condition I would think that the Girl Scout organization in Los Angeles (Long Beach or wherever its headquarters are located) would give some consideration to improving the site and allowing Girl Scouts in El Segundo and even other surrounding communities to use that facility I suggest that you consider contacting the person in charge of the Los Angeles Girl Scouts with this proposal. I apologize for the inconvenience, but I have no control over the birthrate, relocation of families to El Segundo, and the increase in enrollment that follows. Please be assured that although the School District allows students from other residence areas and other school districts to attend school here, we have very few, if -.L students on perinit at the kindergarten level Sincerely yours, 7- n P4-e /, William N Manahan Superintendent WNM•rh cc- Board of Education 143 Q 005 310 640 8272 09/06/95 15 22 FAX 310 640 8272 EL SEGUNDO U S D Pl = AMENDMENT TO AGREEMENT WHEREAS, the City of EI Segundo ( "Cdn and the Ell Segundo Unified School District ( "School District") have previously on September 12, 1990, entered into an Agreement that provides for reciprocal use of recreational facilities; and WHEREAS, the City and the School District are desirous of amending said Agreement; NOW, THEREFORE, the City and the School District do hereby agree to amend the above referenced Agreement as follows: SECTION I The above referenced Agreement shall be amended to add a new Section 16 to read as follows: a) "Section 16. ADDITIONAL AGREEMENT WITH REGARD TO 615 RICHMOND STREET Notwithstanding anything to the contrary in this Joint Use Agreement, the City shall be granted additional rights with regard to the use and improvement to the playground and recreational area (as described on Exhibit "A') kncated at 615 Richmond Street, El Segundo. In addition to the other rights granted by this Joint Use Agreement, the City shall be permitted to construct, improve and /or expand recreation opportunities on said playground and recreation area provktedthat all such work shall be approved in advance by the School District end submitted for approval to the Office of the State Architect (OSA), where appropriate. Approval shall not unreasonably be withheld or delayed The City shall also be responsible for normal operation, maintenance and upkeep and repair of said playground and recreation was During the term of this Agreement and extending beyond the term of the Agreement, If necessary, the City is responsible for completing any physical improvements that it initiates. b) Notwithstanding Section 1 of this Agreement, these additional rights and the City's right to access to the playground and recreational area shall continue for a period of ten years. At least surly (60) days prior to the end of the fist ten (10) year period, which shall start upon the effective date of this amendment, the City and the School District shall review and may elect to extend the rights provided for in this Section 16 for an additional ten (10) year period. The School District may elect to terminate this additional Agreement at any time subsequent to the end of the first ten (10) year period, but prior to any additional tan (10) year period. At any time during either ten (10) year period, the City shall have the right to terminate the effect of this section with sixty (60) days prior written notice to the School District If the City shall so terminate, it shall forfeit whatever amounts it has paid to the School District, but shall have no further obligation to make any payments to the School District 144 310 640 8272 09/06/95 15 23 FAX 310 640 8272 EL SEGUNDO U S D lih 007 c) The rights granted hereunder shall be limited to the playground and recreation area at 615 Richmond Street as described on Exhibit OV and shall not extend to the buildings and other structures on said site, which shall continue to be used by the School District. A schedule of City use and District use during the school year shall be prepared In a separate Letter of Understanding for Scheduled Use of playground and recreational area at 615 Richmond Street, El Segundo, prior to September 1 each year. d) For the additional privileges granted by this Section 16, the City shall pay the School District $400,000 for the first ten (10) year period provided for hereunder, which shall be due and payable on September 1. 1991. If the Cd% shah elect to exercise the option provided for herein, the City shah pay the School District no less than an additional $400,000 on September 1, 2001. e) This Section 16 may survive the expiration or cancellation of the remainder of this Agreement. However, all other provisions of this Agreement not inconsistent with the provisions hereof shall remain in full force and in effect with regard to the rights granted hereunder.' SECTION II. All other provisions of said Agreement not inconsistent whh the provisions of this amendment shah remain in full force and effect. ENTERED INTO THIS 20th day of August '1991 EL SEGUNDO UNIFIED SCHOOL DISTRICT CITY OF EL William N Manahan Cwl W. Ja"c Superintendent of Schools City Clerk Is AMENDMENT TO RESTATED JOINT USE AGREEMENT This Amendment ( "Amendment ") to the Restated Joint Use Agreement, dated December 8, 1992 ( "Agreement ") between the CITY OF EL SEGUNDO, a municipal corporation ( "City "), and EL SEGUNDO UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY ( "District "), is made and entered into this 15th day of November 1994, by and between the City and District. W I T N E S E T H WHEREAS, the parties desire to extend the timetable for payment by the City to the District under Section 15 of the Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION 1. Section 15 of the Agreement is amended to read as follows: SECTION 15. Additional Rights of City and Consideration Therefor. (a) Notwithstanding anything to the contrary in this Agreement, the City shall be granted additional rights with regard to the use and improvement of the playground and recreational areas, buildings, and other facilities at all of District's facilities. In addition to the rights granted elsewhere in this Agreement, the City shall be permitted full access and the right to construct, improve and /or expand i�tMts/ry���{� IAX2 112339 3 - "W&AMJr 22©6A `nvnrr, or'-nm 1 Mrs LAX2 112339 3 opportunities for use of the playground, recreational, and building areas, provided that all such work shall be approved in advance by District and submitted for approval to the Office of the State Architect ("OSA"), where appropriate. District shall not unreasonably withhold or delay such approval. The City must coordinate its use of any school facility with District so as not • to interfere with education related uses of the facilities it desires to use. The City shall be responsible for completing any physical improvements it initiates and for repairing and maintaining said physical improvements. (b) Notwithstanding Section 2 of this Agreement, the rights granted to the City relating to all District facilities under this Section 15 shall be for a period of five (5) years terminating on June 30, 1997. The termination of this five -year term shall not affect the term of any other section of this Agreement as provided for elsewhere herein. City and District may agree to extend said five year term for additional terms by mutual written agreement. (c) The rights granted hereunder, shall be all- inclusive with regard to District properties at 640 Main Street, 700 Center Street, 615 Richmond Street, 530 Imperial Avenue and 641 Sheldon Street and shall include classrooms, meeting rooms, cafeterias, kitchens and any other facilities at those addresses. However, it is understood that District shall continue to use these facilities during the effective term of this Section 15, and that District shall have first priority in the use of any -2- t1 �'• `Ir/ or CI Cc ^11NOo 147 IAX2 112339 3 facility covered by this section. No improvement constructed by the City shall interfere in any way with District's use of the improved facility. (d) For the additional privileges granted by this Section 15, the City shall pay District seven hundred fifty thousand dollars ($750,000) for each year of the five year term of this Section 15 according to the following schedule of payment: December 8, 1992 $750,000. July 1, 1993 $750,000. July 1, 1994 $500,000. July 1, 1995 $500,000. July 1, 1996 $500,000. July 1, 1997 $500,000. July 1, 1998 $250,000. Each cumulative payment of $750,000. payable by the City to District hereunder, shall be consideration for the extended use provided to the City in a single fiscal year. Each such payment hereunder shall be a separate payment for the consideration received in a single fiscal year and shall be conditioned upon the receipt of the extended use of facilities from District for that fiscal year. Each such payment is a separate obligation of the City and shall not become due and payable until during or -3- WRAC T, 2206A 'nv nc V OL N INDn 148 LAX2 112339 3 after the fiscal year in which the consideration is received by the City in accordance with the payment schedule set forth above. Beginning with the July 1, 1995 payment, if the City fails to pay to the District the full amount of a payment on the date specified under this Section, the City shall pay to the District w simple interest on the overdue amount as follows. Interest shall only be assessed for the period beginning seven (7) days after the City Council approves its budget for the fiscal year in which the payment is due. The interest rate shall equal the percentage rate of return earned on District funds in its general investment pool fund for the period from the date seven days after the City Council approved said budget to the date the payment was made. The Funds to be paid by the City to District hereunder shall not come from the proceeds of property taxes received by the City but shall instead come from those funds deposited in the City's general fund which are derived from sources other than property taxes. Further, no Funds expended under this Agreement shall be derived from assessments based on the value of property within the City or from any monies appropriated by the State of California. (e) The parties understand that the District will plan its educational program for future years based on the assumption that it will be receiving annual payments in the amounts specified above. The District's plans and expenditures now will -4- oil �m�iirC� C�'+Il�fpn 149 bedifferent than they would be if the District did not have the expectation of receiving these additional funds. It is the intent of both parties that the District plan ahead in this manner and commit these funds to such projects as will best address the educational needs of its students over the period during which they will be received. SECTION 2. All other terms of the Agreement not inconsistent with the terms of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereunto have executed this Amendment by their officers duly authorized. EL SEGUNDO UNIFIED SCHOOL DISTRICT CITY OF EL SEGUNDO B� �� By— Superintendent M or Approved As To Form: District Counsel By LAX2 112339 3 -5- Attest: TAU city rk Ap roved As To Form: By 2206A �Mkfrx • cL�1%11)o 150 0 38116 1 RESTATED JOINT USE AGREEMENT This Agreement is made and entered into this 89 day of .Jc" , 1992, by and between the CITY OF EL SEGUNDO, a municipal corporation ("City), and EL SEGUNDO UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY (District). W I T N E S E T H I' WHEREAS, Chapter 10, Part 7 of Division 1 (Section 10900, et seq.) of the Education Code of the State of California authorizes and empowers School Districts and Cities to organize, promote and conduct programs of community recreation to establish systems of playgrounds and recreation, and acquire, improve, maintain and operate centers within, or without the territorial limits of the City; and WHEREAS, said City owns, operates and maintains certain public recreation facilities known as: E1 Segundo Recreation Park, 401 Sheldon Street; E1 Segundo Library Park, 600 block Main Street; E1 Segundo Hilltop Park, Maryland Street and Grand Avenue; Urho Saari Swim Stadium, 219 West Mariposa; Acacia Park, 623 -25 West Acacia Avenue; Washington Park, Washington Street at Palm Avenue; Constitu- tion Park, Washington Street between Palm and 4 151 38116 1 Maple Avenue; Sycamore Park, Holly Avenue and Kansas St.; Candy Cane Parkette, 100 block of Whiting Street; and WHEREAS, said District owns, operates and maintains certain school facilities known as: E1 Segundo High School, 640 Main Street, E1 Segundo; Center Street School, 700 Center Street, E1 Segundo; E1 Segundo Middle School, 615 Richmond Street, E1 Segundo; Imperial Street School site, 530 Imperial Avenue (as long as the site is owned by the District); School District Offices, 641 Sheldon Street; and WHEREAS, the aforementioned facilities are available for such use, which use will not interfere with any other purposes of the City or District; and WHEREAS, City and District have found that it will be to the public interest, economically and practically, to cooperate with each other in regard to the recreational use of the aforemen- tioned facilities and therefore desire to enter into an agreement pursuant to the provisions of said Chapter 10; WHEREAS, City and District have previously entered into an agreement on September 12, 1990 which was amended on August 20, -2- 152 38im 1 1991 to establish joint use of their facilities and appropriate consideration therefor; and WHEREAS, City is concerned with the continued quality of education its residents receive and desires to provide financial support to School District; and WHEREAS, City and District are desirous of expanding tie scope of the original agreement, as amended, to provide City greater access to District's facilities in exchange for reasonable additional consideration, thus City and District wish to restate and reform the original agreement to provide for said expanded scope and additional consideration. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION 1. Su ersedes Prior Its. This Agreement supersedes and takes the place of any other agreement between the parties concerning the same subject matter including the September 12, 1990 agreement and its August 20, 1991 amendment. SECTION 2. Term, This Agreement shall be for the term of twenty -two (22) years, commencing September 12, 1990, and terminating September 12, 2012. SECTION 3. Definitions. (a) The term "educational and athletic programs and activities," as used in this Agreement, shall mean those programs of education under the direction and supervision of District. -3- i$� 38116 1 (b) The term "public recreational programs and activities," as used in this Agreement shall mean those programs of recreation under the direction and supervision of the City and which are open to the general public, and shall not be construed to include those activities conducted and supervised by District after school hours. SECTION 4. District's Use of City Facility. The City agrees to allow District to utilize the buildings and grounds located at the aforementioned City sites for educational programs and activities in accordance with a schedule acceptable to the City and District, provided, however, that such scheduled use shall not at any time interfere with the use of the buildings, grounds, equipment for the regular conduct of recreation or for any other purpose authorized by the City. District shall have priority over non - recreational activities in the scheduling of buildings and grounds during periods when they are not used for recreational purposes. SECTION 5. City Use of District Facilities. District agrees to allow the City to utilize the buildings and grounds located at the aforementioned school sites for public recreation programs and activities in accordance with a schedule acceptable to District and the City, provided, however, that such scheduled use shall not at any time interfere with the use of the buildings, grounds, equipment for the regular conduct of school or for any other purpose authorized by District. The City shall have priority over non - school activities in the scheduling of -4- k% 154 buildings and grounds during periods when they are not used for school purposes. The City agrees to conduct and supervise public recreational programs and activities in conformance with policies and budget limitations of the City, acceptable to District, on the aforementioned school facilities of District. It is agreed further in this regard, that the City shall provide all exlZend- able supplies and materials and shall furnish and compensate all personnel necessary to conduct such programs and activities, except as may be mutually agreed upon by the City and School District from time to time during the terms of this Agreement and as provided by law. SECTION 6. Urho Saari Swim Stadium. The City agrees to allow residents of E1 Segundo Unified School District use of Urho Saari Swim Stadium when open for recreational swim or instructional classes. SECTION 7. Rules and Regulations. During the conduct of such programs and activities, each Party may formulate and enforce such rules and regulations as are acceptable to the other party, and are necessary to maintain proper standards of conduct and safety on the said facilities for all age groups. SECTION 8. Duty to Repair. Each Party shall repair, cause to be repaired, or reimburse the other for the cost of repairing damage to said facilities occurring during the period of use by that Party, except where such damage may be attributed to ordinary or reasonable use of such facility. Except as otherwise 38116 1 -5j- 155 381161 provided for in this Agreement, each Party shall be responsible for normal operation, maintenance and repair of its own buildings and facilities. SECTION 9. District's rnd mni ; a *,on. District shall defend and hold the City, its city council, officers, agents and employees, free and harmless from any liability for loss, damage, injury or death to persons, or damage to or loss of propert�I including City property, arising out of District's use of the subject premises or any building, facility or equipment located thereon. District shall carry public liability insurance as hereinafter set forth in Section 10 of this Agreement. SECTION 10. District's Duty to Insure, District shall keep in full force and effect during the term of this Agreement public liability insurance, insuring and protecting the City and District from and against any and all liability of the City for damages arising out of or connected with the use by District, its agents, employees, permittees and students of the subject premises or any building, facility or equipment located thereon. All public liability insurance required hereunder shall be in the minimum amount of One Million Dollars ($1,000,000) and a certificate of such insurance showing the City as additional insured shall be provided to the City. Said certificate shall provide that the City shall receive 30 days notice of cancella- tion of said policy. SECTION 11. Citv's Indemnification. _„ The City shall defend and hold District, its Board of Education, officers, agents and -6- �56' employees, free and harmless from any liability for loss, damage, injury or death to persons, or damage to or loss of property, including school property, arising out of the City's use of the subject premises or any building, facility or equipment located thereon. The City shall carry public liability insurance as hereinafter set forth in Section 12 of this Agreement. SECTION 12. City's Duty to Insure_. The City shall kgep in full force and effect during the term of this Agreement public liability insurance, insuring and protecting District and the City from and against any and all liability of District for its damages arising out of or connected with the use by the City, agents, employees, permittees and students of the subject premises or any building, facility or equipment located thereon. All public liability insurance required hereunder shall be in the minimum amount of One Million (1,000,000) Dollars and a certificate of such insurance showing District as additional insured shall be provided to District. Said certificate shall provide that District shall receive 30 days notice of cancellation of said policy. In the alternative City may provide evidence of self- insurance to District's satisfaction. SECTION 13. Timits -o- -n Use. Neither Party shall permit any �-- person or organization to use any of the facilities, buildings or accessories thereto where such use is inconsistent with the provisions of Section 10900 through 10916 of the Education Code of the State of California. -7- 391161 38116 1 SECTION 14. Use Schedules. The District Superintendent of the School District and the City Manager of the City are hereby authorized and directed by the respective parties to develop necessary schedules and /or details in connection with the operation of the facilities pursuant to this Agreement which shall be consistent with the above stated purposes. SECTION 15. Additional Riahts of City and Consideration Therefor. (a) Notwithstanding anything to the contrary in this Agreement, the City shall be granted additional rights with regard to the use and improvement of the playground and recreational areas, buildings, and other facilities at all of District's facilities. In addition to the rights granted elsewhere in this Agreement, the City shall be permitted full access and the right to construct, improve and /or expand its opportunities for use of the playground, recreational, and building areas, provided that all such work shall be approved in advance by District and submitted for approval to the Office of the State Architect (11OSA11), where appropriate. District shall not unreasonably withhold or delay such approval. The City must coordinate its use of any school facility with District so as not to interfere with education related uses of the facilities it desires to use. The City shall be responsible for completing any physical improvements it initiates and for repairing and maintaining said physical improvements. (b) Notwithstanding Section 2 of this agreement, the term of the provisions of this Section 15 shall be for a period -8- 158 38116 1 of five (5) years. The termination of this 5 -year term shall not affect the term of any other section of this Agreement as provided for elsewhere herein. City and District may agree to extend this Section 15 for additional terms by mutual written agreement. (c) The rights granted hereunder, shall be all- inclusive with regard to District properties at 640 Main Sheet, 700 Center Street, 615 Richmond Street, 530 Imperial Avenue and 641 Sheldon Street and shall include classrooms, meeting rooms, cafeterias, kitchens and any other facilities at those addresses. However, it is understood that District shall continue to use these facilities during the effective term of this Section 15, and that District shall have first priority in the use of any facility covered by this section. No improvement constructed by the City shall interfere in any way with District's use of the improved facility. (d) For the additional privileges granted by this Section 15, the City shall pay District seven hundred fifty thousand dollars ($750,000) per year for the five (5) year term of this Section 15. Payment for the first year's extended use, shall be due and payable immediately upon the execution of this agreement and on July 1 of each year thereafter. Each annual payment payable by the City to District hereunder, shall be consideration for the extended use provided to the City in the fiscal year in which the payment is made. am 1,S7 Each such payment hereunder shall be a separate payment for the consideration received in the year in which the payment is made and shall be conditioned upon the receipt of the extended use of facilities from District for that fiscal year. Each individual payment is a separate obligation of the City and shall not become due and payable until the fiscal year in which the consideration is received by the City. The Funds to be paid by the City to District hereunder shall not come from the proceeds of property taxes received by the City but shall instead come from those funds deposited in the City's general fund which are derived from sources other than property taxes. Further, no Funds expended under this Agreement shall be derived from assessments based on the value of property within the City or from any monies appropriated by the State of California. (e) The parties understand that the District will plan its educational program for future years based on the assumption that it will be receiving annual payments in the amounts specified above. The District's plans and expenditures now will be different than they would be if the District did not have the expectation of receiving these additional funds. It is the intent of both parties that the District plan ahead in this manner and commit these funds to such projects as will best address the educational needs of its students over a five year period during which they will be received. 381161 -10- 160 SECTION 16. Binding on Successors. This Agreement shall be binding on the assigns, transferees and successors in interest of the City and District whether said successor in interest is a unified school district or other political entity. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement by their officers duly authorized. EL SEGUNDO UNIFIED SCHOOL DISTRICT Bi// Superinttdident Approved As To Form: District Counsel By. t 381161 -11- CITY OF EL • Attest: City Clerk Approved As To Form: By City Attor lot. CITY CONTRACT #2094 A AMENDMENT TO AGREEMENT WHEREAS, the City of El Segundo ( "City") and the El Segundo Unified School District ( "School District's have previously on September 12, 1990, entered into an Agreement that provides for reciprocal use of recreational facilities, and WHEREAS, the City and the School District are desirous of amending said Agreement; NOW, THEREFORE, the City and the School District do hereby agree to amend the above referenced Agreement as follows, SECTION I. The above referenced Agreement shall be amended to add a new Section 16 to read as follows: a) "Section 16. ADDITIONAL AGREEMENT WITH REGARD TO 615 RICHMOND STREET. Notwithstanding anything to the contrary in this Joint Use Agreement, the City shall be granted additional rights with regard to the use and improvement to the playground and recreational area (as described on Exhibit "A') located at 615 Richmond Street, El Segundo. In addition to the other rights granted by this Joint Use Agreement, the City shall be permitted to construct, improve and /or expand recreation opportunities on said playground and recreation area provided that all such work shall be approved in advance by the School District and submitted for approval to the Office of the State Architect (OSA), where appropriate. Approval shall not unreasonably be withheld or delayed. The City shall also be responsible for normal operation, maintenance and upkeep and repair of said playground and recreation area. During the term of this Agreement and extending beyond the term of the Agreement, if necessary, the City is responsible for completing any physical improvements that it initiates. b) Notwithstanding Section 1 of this Agreement, these additional rights and the City's right to access to the playground and recreational area shall continue for a period of ten years. At least sixty (60) days prior to the end of the first ten (10) year period, which shall start upon the effective date of this amendment, the City and the School District shall review and may elect to extend the rights provided for in this Section 16 for an additional ten (10) year period. The School District may elect to terminate this additional Agreement at any time subsequent to the end of the first ten (10) year period, but prior to any additional ten (10) year period. At any time during either ten (10) year period, the City shall have the right to terminate the effect of this section with sixty (60) days prior written notice to the School District. If the City shall so terminate, it shall forfeit whatever amounts it has paid to the School District, but shall have no further obligation to make any payments to the School District. 162 c) The rights granted hereunder shall be limited to the playground and recreation area at 615 Richmond Street as described on Exhibit "A" and shall not extend to the buildings and other structures on said site, which shall continue to be used by the School District. A schedule of City use and District use during the school year shall be prepared in a separate Letter of Understanding for Scheduled Use of playground and recreational area at 615 Richmond Street, El Segundo, prior to September 1 each year. d) For the additional privileges granted by this Section 16, the City shall pay the School District $400,000 for the first ten (10) year period provided for hereunder, which shall be due and payable on September 1, 1991. If the City shall elect to exercise the option provided for herein, the City shall pay the School District no less than an additional $400,000 on September 1, 2001. e) This Section 16 may survive the expiration or cancellation of the remainder of this Agreement. However, all other provisions of this Agreement not inconsistent with the provisions hereof shall remain in full force and in effect with regard to the rights granted hereunder " SECTION Ii. All other provisions of said Agreement not inconsistent with the provisions of this amendment shall remain in full force and effect. ENTERED INTO THIS 20th day of August '1991. EL SEGUNDO UNIFIED SCHOOL DISTRICT CITY OF EL William N. Manahan Superintendent of Schools W Jacobson City Clerk 163 WLe, \ N 7 O r a) �4 N � ro a r m N ai ro L ej m � y a 04 4J N to v L r Cr L r arm, S a�i' r ro r L al O � d C ro 4 ` ro d a) C 7 ` al `\ 2 esod p% PLAT - PROPERTY NO. 4 615 Richmond St. RICHMOND ELEMENTARY SCHOOL EL SEGUNDO SCHOOL DISTRICT EXHIBIT A w W W a h. �O 0 O Z S Y W J a U N O H H Z a W a L. 194 AGREEMENT This Agreement is made and entered into this 12th day of September , 1990, by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City," and EL SEGUNDO UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as "School • District." W I T N E S S E T H WHEREAS, Chapter 6 of Division 12 (Section 16651, et seq.) of the Education Code of the State of California authorizes and empowers School Districts and Cities to organize, promote and conduct programs of community recreation to establish systems of playgrounds and recreation, and acquire, improve, maintain and operate centers within, or without the territorial limits of the City; and WHEREAS, said City owns, operates and maintains certain public recreation facilities known as: E1 Segundo Recreation Park, 401 Sheldon Street; E1 Segundo Library Park, 600 block Main Street; E1 Segundo Hilltop Park, Maryland Street and Grand Avenue; Urho Saari Swim Stadium, 219 West Mariposa; Acacia Park, 623 -25 West Acacia Avenue; Washington Park, Washington Street at Palm Avenue; Constitution Park, Washington Street between Palm and Maple Avenue; Sycamore Park, Holly Avenue and 165 R`7W /WP /AGR47831 Kansas St.; Candy Cane Parkette, 100 block of Whiting Street; and WHEREAS, said District owns, operates and maintains certain school facilities known as: E1 Segundo High School, 640 Main Street, E1 Segundo; Center Street School, 700 Center Street, • E1 Segundo; E1 Segundo Junior High School, 615 Richmond Street, E1 Segundo. WHEREAS, the aforementioned facilities are available for such use, which use will not interfere with any other purposes of the City or District; and WHEREAS, City and District have found that it will be to the public interest, economically and practically, to cooperate with each other in regard to the recreational use of the aforementioned facilities and therefore desire to enter into an agreement pursuant to the provisions of said Chapter 6; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION 1. This Agreement shall be for the term of twenty (20) years, commencing September 15 , 1990, and terminating twenty (20) years thereafter. Each Party is hereby granted the first and exclusive right and option to renew this Agreement from year to year upon the same terms -2- 166, RVW /WP /AGR47831 and conditions herein contained; provided, however, that after the first year of the term of this Agreement, either party hereto may terminate this Agreement, with or without cause, upon the giving of ninety (90) days' written notice of its desire to so terminate this Agreement. Upon the giving of said notice and the expiration of ninety (90) • days, this Agreement shall be of no further force or effect. SECTION 2. The term "educational and athletic programs and activities," as used in this Agreement, shall mean those programs of education under the direction and supervision of the School District. SECTION 3. The term "public recreational programs and activities," as used in this Agreement shall mean those programs of recreation under the direction and supervision of the City and which are open to the general public, and shall not be construed to include those activities conducted and supervised by the School District after school hours. SECTION 4. The City agrees to allow the School District to utilize the buildings and grounds located at the aforementioned City sites for educational programs and activities in accordance with a schedule acceptable to the City and the School District, provided, however, that such scheduled use shall not at any time interfere with the use of the buildings, grounds, equipment for the regular conduct of recreation or for any other purpose authorized by the -3- I67 RVW /WP /AGR47831 City. The School District shall have priority over non - recreational activities in the scheduling of buildings and grounds during periods when they are not used for recreational purposes. SECTION 5. The School District agrees to allow the City to utilize the buildings and grounds located at the aforementioned school sites for public recreation programs and activities in accordance with a schedule acceptable to the School District and the City, provided, however, that such scheduled use shall not at any time interfere with the use of the buildings, grounds, equipment for the regular conduct of school or for any other purpose authorized by the School District. The City shall have priority over non - school activities in the scheduling of buildings and grounds during periods when they are not used for school purposes. The City agrees to conduct and supervise public recreational programs and activities in conformance with policies and budget limitations of the City, acceptable to the School District, on the aforementioned school facilities of the School District in accordance with the provisions of Section 3 hereof. It is agreed further in this regard, that the City shall provide all expendable supplies and materials and shall furnish and compensate all personnel necessary to conduct such programs and activities, except as may be mutually agreed upon by the City and School District from -4- R'vW /WP /AGR47831 time to time during the terms of this Agreement and as provided by law. SECTION 6. The City agrees to allow residents of E1 Segundo Unified School District use of Urho Saari Swim Stadium when open for recreational swim or instructional classes. SECTION 7. During the conduct of such programs and activities, each Party may formulate and enforce such rules and regulations as are acceptable to the other party, and are necessary to maintain proper standards of conduct and safety on the said facilities for all age groups. SECTION 8. Each Party shall repair, cause to be repaired, or reimburse the other for the cost of repairing damage to said facilities occurring during the period of use by that Party, except where such damage may be attributed to ordinary or reasonable use of such facility. Each Party shall be responsible for normal operation, maintenance and repair of its own buildings and facilities. SECTION 9. The School District shall defend and hold the City, its city council, officers, agents and employees, free and harmless from any liability for loss, damage, injury or death to persons, or damage to or loss of property, including City property, arising out of the School District's use of the subject premises or any building, facility or equipment located thereon. The School District -5- � rrq RVW /WP /AGR47831 shall carry public liability insurance as hereinafter set forth in Section 10 of this Agreement. SECTION 10. The School District shall keep in full force and effect during the term of this Agreement public liability insurance, insuring and protecting the City and the School District from and against any and all liability of the City for damages arising out of or connected with the use by the School District, its agents, employees, permittees and students of the subject premises or any building, facility or equipment located thereon. All public liability insurance required hereunder shall be in the minimum amount of One Million Dollars ($1,000,000) and a certificate of such insurance showing the City as additional insured shall be provided to the City. Said certificate shall provide that the City shall receive 30 days notice of cancellation of said policy. SECTION 11. The City shall defend and hold the School District, its Board of Education, officers, agents and employees, free and harmless from any liability for loss, damage, injury or death to persons, or damage to or loss of property, including school property, arising out of the City's use of the subject premises or any building, facility or equipment located thereon. The-City shall carry public liability insurance as hereinafter set forth in Section 12 of this Agreement. -6- 170 RVW /WP /AGR47831 SECTION 12. The City shall keep in full force and effect during the term of this Agreement public liability insurance, insuring and protecting the School District and the City from and against any and all liability of the School District for damages arising out of or connected with the use by the City, its agents, employees, permittees 4nd students of the subject premises or any building, facility or equipment located thereon. All public liability insurance required hereunder shall be in the minimum amount of One Million (1,000,000) Dollars and a certificate of such insurance showing the School District as additional insured shall be provided to the School District. Said certificate shall provide that the School District shall receive 30 days notice of cancellation of said policy. In the alternative City may provide evidence of self- insurance to School District's satisfaction. SECTION 13. Neither Party shall permit any person or organization to use any of the facilities, buildings or accessories thereto where such use is inconsistent with the provisions of Section 16651 through 16664 of the Education Code of the State of California. SECTION 14. The District Superintendent of the School District and the City Manager of the City are hereby authorized and directed by the respective parties to develop necessary schedules and /or details in connection with the -7- 171 RC'd /WP /AGR47831 operation of the facilities pursuant to this Agreement which shall be consistent with the above stated purposes. SECTION 15. This Agreement shall be binding on the assigns, transferees and successors in interest of the City and the School District whether said successor in interest is a unified school district or other political entity. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement by their officers duly authorized. EL SEGUNDO UNIFIED SCHOOL DISTRICT Walther R. Puff r Sy SuperintondWt Approved as to Form: County counsel Hy Deputy Approved by Board of Education September 11, 1990 Approved As To Forme CITY OF EL By Attest: -e- 3 NDO i 172 W led I� 0 x c. O r v �o �n a Ip N � m Y Cn y Cu m o L go 10 7 a N r 7 L m m J` Q t u N N 1/1 L W r Lr C r T N r r i0 r 0r O L Z--a C N \ N \ i 4 7 \ Ol Cu tm d ` c a r� \ \ Z esod t.A ew PLAT - PROPERTY No.4 615 Richmond St. RICHMOND ELEMENTARY SCHOOL EL SEGUNDO SCHOOL DISTRICT EXHIBIT A an W W OL r ;O a O 2 V W J U N O r z° w L� 171 September 18, 1995 CITY OF EL SEGUNDO and CITY COUNCIL FINANCE DEPARTMENT ATTN: Donna Kreter RE: PUBLIC NOTICE - Proposed Parking Stall. /Shuttle Business License We have cooperated with the E1 Segundo City Council for the oast 18 years and will continue to do so. We feel the proposed $10.00 tax per - parking stall per -year is excessive. However, we are willing to pay a lesser tax that would not put an undo hardship on our small business. In the course of our every day expenditures, we give our business to the local El Segundo merchants. For example: shuttle and customer repairs /maintenance; contractors for premisis upkeep/ improvements; operating supplies; hotels and restaurants; etc. This adds up to a very substantial amount during the year which, ultimately, benefits the City through increased individual business revenues and tax pro--rations. We are in the process of trying to expand our business during a time the much larger parking /shuttle services are slashing their prices in a fierce effort to compete with each other. Our small company is forced to follow suit to keep our current customers and procure new ones. We have reviewed our current business structure, and we feel we could accept a tax of between $4.00 and $5.00 per stall. We could then continue our plans without taking severe cost cutting measures an the areas of adding employees, making capital improve- ments, procuring additional transportation equipment, exercising our lease option for more parking stalls, etc. We MUST be able to be service and price orientated to effectively compete and continue this business. Thank you for your consideration of our position In this matter. Sincerely yours, AUTO AIRPORT PARKIING Gene Simps l �i��° President ERS:ds 2222 EAST IMPERIAL HWY. • EL SEGUNDO, CA 90245 • PHONE (310) 640 -1111 • FAX (310) 414 -0676 4025514789 SEP -18 -95 MON 01:59 PM SIMPSON 4025514799 P.02 l AUTt�� ENCLOSED VALET PARKING LOS ANGELES AIRPORT .1 AIRPORT R . PARKING LIMOUSINE SERVICE TO AND FROM YOUR FLIGHT September 18, 1995 CITY OF EL SEGUNDO and CITY COUNCIL FINANCE DEPARTMENT ATTN: Donna Kreter RE: PUBLIC NOTICE - Proposed Parking Stall. /Shuttle Business License We have cooperated with the E1 Segundo City Council for the oast 18 years and will continue to do so. We feel the proposed $10.00 tax per - parking stall per -year is excessive. However, we are willing to pay a lesser tax that would not put an undo hardship on our small business. In the course of our every day expenditures, we give our business to the local El Segundo merchants. For example: shuttle and customer repairs /maintenance; contractors for premisis upkeep/ improvements; operating supplies; hotels and restaurants; etc. This adds up to a very substantial amount during the year which, ultimately, benefits the City through increased individual business revenues and tax pro--rations. We are in the process of trying to expand our business during a time the much larger parking /shuttle services are slashing their prices in a fierce effort to compete with each other. Our small company is forced to follow suit to keep our current customers and procure new ones. We have reviewed our current business structure, and we feel we could accept a tax of between $4.00 and $5.00 per stall. We could then continue our plans without taking severe cost cutting measures an the areas of adding employees, making capital improve- ments, procuring additional transportation equipment, exercising our lease option for more parking stalls, etc. We MUST be able to be service and price orientated to effectively compete and continue this business. Thank you for your consideration of our position In this matter. Sincerely yours, AUTO AIRPORT PARKIING Gene Simps l �i��° President ERS:ds 2222 EAST IMPERIAL HWY. • EL SEGUNDO, CA 90245 • PHONE (310) 640 -1111 • FAX (310) 414 -0676 310 640 8272 09/15/95 09 11 FAX 310 640 8272 EL SEGUNDO U S D CITY CLERK EL SEGUNDO, GALlf El Segundo Unified School 641 Sheldon Street, El Segundo, CA 90245 FAX To: Mr James Momson City Manager Phone 607 -2226 Fax phone 322 -7137 CC 1995 SEP Date. 09/15/95 Number of pages including cover sheet From: William N. Manahan Phone: (310) 615 -2650 Fax phone- (310) 6404272 REMARKS: ❑ Urgent ® For your review ❑ Reply ASAP ❑ Please comment hm — Attached is a copy of the memorandum being sent to Patti Wood (Girl Scout Neighborhood Chairperson). I thought you rmght like to include it in City Council members' packets. I do not anticipate any further problems; however, if you foresee any areas of concern, please let me know Thank, Bill X001 319 640 8272 09/15/95 09.11 FAX 310 640 8272 EL SEGUNDO U S D Memorandum ------ - - - --- September 14, 1995 To: Mrs Patti Wood Girl Scout Neighborhood Chairperson From: William N. Manahan Joann Davis Superintendents Director of Business Services Subject. Occupancy of Madsen House by the School District for The Learning Connection (TLC) — Impact on El Segundo Girl Scouts and Resolution of Concerns The Superintendent, Director of Business Services, Director of Maintenance & Operations, and Director of The Learning Connection (TLC) met with representatives of the El Segundo Girl Scouts at the Madsen House, located at 640 Virginia Street, on Monday, September 11, 1995, at 5 00 p in to discuss and address concerns the Girl Scouts had with respect to the District utilizing the Madsen House for its before and after - school daycare program The purpose of this memorandum is to identify responses of the District to Girl Scout representatives as a result of the District relocating its TLC daycare program and also to identify the areas in which the District and the Girl Scouts will work together to alleviate any problems as a result of the relocation The District agreed to. Complete the interior renovation of the Madsen House as quickly as possible, ensuring that modifications take place, enabling the Girl Scouts to joint -use the Madsen House facility after 6 30 p m and until approximately 10 00 p m., Monday through Friday, as well as on the weekends In addition to the current interior improvements, the following additional improvementstprocedures will occur 1) Frosted glass placed in all windows within bathroom areas, installation of a door on the northwest storage area within the building; clean -up of the kitchen, but no renovation, installation of muti- blinds in all window casings, installation of bulletin boards on interior wall surfaces in the large meeting area (The School District does not plan to utilize the kitchen area ) Q1 002 316 64e 8272 09/15/95 09 12 F9X 310 640 8272 EL SEGUNDO U S D Page Two Mrs Patti Wood September 15, 1995 2) Madsen House will be made available for use by the Girl Scouts after 6.30 p.m., Monday through Friday and on weekends, provided that the Girl Scout troops submit a "Use of Facilities" form for the period requested 3) The District will provide the Girl Scouts with storage areas in the Madsen House to house all of the Girl Scout equipment A topographical map of the interior of the Madsen House will be provided, storage equipment areas for the Girl Scouts and storage areas for the School District and any joint storage areas will be identified 4) The School District will agree to Girl Scout usage of the Middle School cafeteria and a portion of the storage area immediately adjacent to the Middle School cafeteria for after - school meetings A "Use of Facilities" form will be submitted by the troops indicating the time period and the duration of the use. 5) The School District will provide for space for locked storage cabinets in the Middle School cafeteria storage area for storage of Girl Scout troop supplies The District will also provide for transfer of those supplies for Girl Scout afternoon meetings from the Madsen House to the cabinet area at the Middle School, if desired 6) The District will drywall the interior south wall of the middle storage area on the south side of the building 7) Setup of Madsen House spaces for Girl Scout meetings shall be requested in the "Use of Facilities" form by Girl Scout troop leaders, and District staff will provide for table and chair setups and any other normal setup requests associated with facility use 8) Provide keys to exterior and any internal doors to Girl Scout leaders 9) Provide trash bin for Girl Scouts during Girl Scout's cleanup of equipment storage areas and removal of old and unusable materials 10) As soon as the School District no longer needs the use of the Madsen House and it is available at other hours of the day, the Girl Scouts are allowed "first call" on entering into an agreement to utilize the property In looking at additional space that could be utilized for Girl Scout meeting places, two other areas have come to mind — 1) the High School teachers' lunchroom adjacent to the student cafeteria area, which is easily accessible by foot traffic and has convenient parking available, 2) the Arena High School gymnasium area (adjacent to the Board of Education meeting room), which is also easily accessible by foot traffic, and also has convenient nearby parking available Both of these areas are unused in the late afternoon and evening hours and could be made available to Girl Scouts for meeting purposes If you have any further questions or would like additional clarification, please feel free to call either Joann or meat 615 -2650 The School District is looking forward to working cooperatively with the Girl Scouts for the benefit of all the children of El Segundo. WNM rh Attachment (Use of Facilities Form) 0003 310 GQ 8272 09/15/95 09:13 FAX 310 640 8272 EL SEGUNDO U S D 0004 Page Three Mrs Patti Wood September 14, 1995 cc Board of Education Mrs. Megan Cassette, Principal of El Segundo Muddle School Ms Billie Jean Knight, Principal of El Segundo High School Dr William Watkins, Principal of Arena High School Mr. Bert Hunter, Director of Maintenance & Operations ,Po.; AUTO. ENCLOSED VALET PARKING LOS ANGELES AIRPORT AIRPORT LIMOUSINE SERVICE TO AND FROM YOUR FLIGHT PARKING September 18, 1995 CITY OF EL SEGUNDO and CITY COUNCIL FINANCE DEPARTMENT ATTN: Donna Kreter RE: PUBLIC NOTICE - Proposed Parking Stall /Shuttle Business License We have cooperated with the E1 Segundo City Council for the past 18 years and will continue to do so. We feel the proposed $10.00 tax per - parking stall per -year is excessive. However, we are willing to pay a lesser tax that would not put an undo hardship on our small business. In the course of our every day expenditures, we give our business to the local El Segundo merchants. For example: shuttle and customer repairs /maintenance; contractors for Premisis upkeep/ improvements; operating supplies; hotels and restaurants; etc. This adds up to a very substantial amount during the year which, ultimately, benefits the City through increased individual business revenues and tax pro - rations. We are in the process of trying to expand our business during a time the much larger parking /shuttle services are slashing their prices in a fierce effort to compete with each other. Our small company is forced to follow suit to keep our current customers and procure new ones. We have reviewed our current business structure, and we feel we could accept a tax of between $4.00 and $5.00 per stall. We could then continue our plans without taking severe cost cutting measures in the areas of adding employees, making capital improve- ments, procuring additional transportation equipment, exercising our lease option for more parking stalls, etc. We MUST be able to be service and price orientated to effectively compete and continue this business. Thank you for your consideration of our position in this matter. Sincerely yours, AUTO AIRPORT PARKING i Gene Simpsi do President ERS:ds 2222 EAST IMPERIAL HWY • EL SEGUNDO, CA 90245 • PHONE (310) 640 -1111 • FAX (310) 414 -0076 ,?/a- St. Anthony Church CIO E GRAND AVENUE EL SEGUNDO CALIF 90245 September 10, 1995 E1 Segundo City Manager 350 Main Street E1 Segundo, CA 90245 Dear City Manager, This is to inform you that St. Anthony's will again be holding its annual carnival on the Parish grounds. The dates this year will be November 3, 4, & 5, 1995. The hours will be 5 -11 P.M. on Friday, Noon to 11 P.M. on Saturday, and Noon to 9 P.M. on Sunday. This year, we will be having Dwayn DeBow Apollo Amusements. He has worked with E1 Segundo City Officials for the past five years supporting this event. We will not require any special police involvement other than normal duty looking in on the carnival from time to time. I will arrange for the necessary permits from the Building and Fire Departments as last year. The charges for a permit and electrical permit may be waived by action of the City Council. I am again this year asking the City Council to do so again for us at it's next meeting on September 19, 1995. In addition, in accordance with a new ruling, I am re- questing the City Council to approve our obtaining our 3 -day Liquor License for this event. If you have any questions regarding the upcoming carnival, please feel free to call me at (310) 643 -8622. Thank you for your cooperation and support. Sincerely, 1 Sharon Puchalski Carnival Chairman St. Anthony's Parish cc: Building Department