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1997 JUL 15 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items.
The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark
✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting.
Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly
Communications. addressed during Public
Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent,
if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office
at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general
description of the business to be transacted or discussed at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
Tuesday, July 15, 1997 - 5:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and
employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250.
CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law,
including the Brown Act (Government Code §54950, et seq.) for the purposes of conferring with the City's
Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation;
and/or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's
Labor Negotiators as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a))
1. Siadek et al. V. City of El Segundo, LASC Case No. YCO25264
2. Rinebold/Hawk v. City of El Segundo, LASC Case No. YCO25220
3. Charlotte Hayes v. City of El Segundo, LASC Case No. YCO26759
4. In the Matter of the Application of City of Los Angeles Department of Airports (LAX) for Variance,
State of California Case No. L- 9604014
5. Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903
07- 15- 97.5pm
OZ
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential cases (no further public
statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -8- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid -
Management & Confidential Employees (City Manager, Negotiator).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with
Negotiator regarding the acquisition of a strip of land owned by Chevron along the easterly boundary known
as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary
known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in connection
with the Sepulveda Boulevard widening project.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer,
must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
ADJOURNMENT
POSTED:
DATE `� 9 g TIME 3.;
07- 15- 97.5pm 2
NAME
0 003
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items.
The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check
mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the
meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed
during Public Communications.
Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you
represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's
Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief
general description of the business to be transacted or discussed at the meeting.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 15,1997 - 7:00 P.M.
Next Resolution # 4025
Next Ordinance # 1275
CALL TO ORDER
INVOCATION - Rev. John Svendsen, First Baptist Church
PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin
PRESENTATIONS
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and
employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this A enda by title only.
Recommendation - Approval.
i 1!�
B. SPECIAL ORDERS OF BUSINESS -
Public Hearing and consideration of a Resolution amending an adopted schedule of fees to
partially cover, but not to exceed, the cost of providing various library services. Fiscal
impact: Estimated increase in revenue of $18,000 - $30,000.
Recommendation -
1) Open Public Hearing
2) Discussion
3) Close Public Hearing
4) Adopt Resolution.
2. Public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a
tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business
(currently operating without City approval) to continue its operation within an existing 7,820
(gross) square feet building (7,701 net square feet) , at 129 Sierra Street (between El Segundo
Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses
require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and
CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property
Owners: Carl E. Knutson, Harry Anderson.
Recommendation -
1) Hold public hearing;
2) Discussion; and,
3) Uphold Planning Commission's decision; or
4) Other possible action /direction.
C. UNFINISHED BUSINESS - NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS -
A. Status of current recruitment for applicants to the El Segundo Senior Citizen Housing
Corporation Board.
B. Notice of vacancies on the:
Capital Improvement Program Advisory Committee (1 vacancy -term expires
11/30/97);
El Segundo Community Cable Avisory Committee (2 vacancies -terms expire
10/31/97);
Investment Advisory Committee (1 vacancy -term expires 8/30/97); and the
Planning Commission (1 vacancy - unexpired term to 6/30/98)
Recommendation -
1) Extend expired terms of office on CCBs until positions are filled;
2) Continue recruitment for applicants to the El Segundo Senior Citizen Housing
Corporation Board.
3) Commence recruitment for upcoming vacancies on the Capital Improvement
Program Advisory Committee, the El Segundo Community Cable Advisory
Committee, the Investment Advisory Committee, and the Planning Commission.
0 005
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of business.
Warrant Numbers 239722 - 240040 on Demand Register Summary Number 44 in total amount
of $6,035,767.85, and Wire Transfers in the amount of $254,605.94.
Recommendation - Approve Warrant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and /or adjustments; and wire transfers from
06/26/97 to 07/04/97.
2. City Council meeting minutes of July 1 and 2. 1997.
Recommendation - Approval.
3. Consideration of extension to Residential and Municipal Solid Waste Collection contract with
Zakaroff Recycling Services, Inc., maintaining current rates. Annual fiscal impact:
$504,200.00
Recommendation - Authorize staff to send a letter to Zakaroff Recycling Services
expressing the City's desire to extend the current Solid Waste Collection contract for an
additional three (3) years.
4. Repair and modernization of the Joslyn Center Elevator at Recreation Park (estimated cost
$20,000.00).
Recommendation -
1) Reject the single bid submitted by Amtech Elevator Services.
2) Authorize staff to solicit bids for a revised scope of work from qualified vendors.
Award contract to Century Paving, Inc. for the construction of handicapped access ramps, bus
pads and Maple Avenue sidewalks (contract amount $78,142.57).
Recommendation -
1) Award contract to lowest responsible bidder, Century Paving, Inc. in the amount
of $78,142.57.
2) Authorize the Mayor to sign the standard Public Works construction agreement
after approval as to form by the City Attorney.
6. Adopt plans and specifications for construction of a storm drain in the alley north of
El Segundo Boulevard between Whiting Street and Virginia Street - Project No. PW 95 -3
(estimated cost = $56,000.00).
Recommendation - Adopt plans and specifications and authorize staff to advertise the
project for receipt of construction bids.
3
1 11.
Proposed Executive Management and Mid - Management /Confidential salary and benefit
adjustments for Fiscal Year 1997 -98. Fiscal Impact: $141,531 annualized total compensation
costs. Funds are available in the City's FY 97/98 Operating Budget for the 7% increases for
Police Captain and Police Lieutenant, 6% increases for Police Chief and Fire Chief, 4%
i increases for Battalion Chief, and 3% increases for all other Executive Management and Mid -
Management/Confidential job classifications, and the 2% Educational Incentive
Compensation for Police Captains and Police Lieutenants who have qualified for and possess
a Master's Deizree.
Recommendation - Adopt Resolution.
8. Fourth Amendment to Employment Agreement Between the City of El Segundo, California
and James W Morrison (Contract No 2233 -D) Fiscal Impact: $9,085.00
Recommendation - Adopt Amendment and authorize the Mayor to execute the
Amendment on behalf of the City.
9. Extend the annual contract of Progressive Solutions Inc. (PSI) for the 1997/98 fiscal year.
(Fiscal Impact $63,984)
Recommendation - The City Council extend PSI's contract for FY 1997/98.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS - CITY MANAGER -
1. Request, by Anthony Welded Products, Inc. (Anthony), for the City Council to hear their
appeal of the Finance Director's denial of their request for relief from an excessively high
water bill (Fiscal Impact• $366.84 of lost revenue to the Water Fund).
Recommendation - Uphold the Finance Director's decision to deny a reduction in
Anthony Welded Products' water utility bill.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon - NONE
Councilman Weston - NONE
Councilwoman Friedkin -
Recognition of ESFD Battalion Chief Eric Moore on his receipt of a Bachelors
Degree, with honors, from Cal State Long Beach and receipt of an "Outstanding
Student Citation" from the faculty of the Occupational Studies Department.
4
0 007
Mayor Pro Tern Wernick - NONE
Mayor Jacobs - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer,
must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
MEMORIALS
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec. 54960, et se .) for the purposes of conferring with the City's Real Property
Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing
matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
Continuation of matters listed on the City Council Agenda for 5:00 p.m., July 15, 1997 under "Closed
Session" (if needed).
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: '71qlel '% TIME: %.S— ,�. NAME:
07- 15 -97.ag
5
i
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
- Public Hearing
AGENDA DESCRIPTION:
Public Hearing - Consideration of a Resolution amending an adopted schedule of fees to partially cover, but not
to exceed, the cost of providing various library services. Fiscal impact: Estimated increase in revenue of
$18,000 - $30,000.
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing
2. Discussion
3. Close Public Hearing
4. Adopt Resolution
BRIEF SUMMARY:
Pursuant to the Public Meeting held on July 1, 1997, a Public Hearing is being held for input regarding a
proposed amendment to the current El Segundo Public Library Schedule of Fines and Fees as set by Resolution
No. 3589, as amended by Resolution No. 3911.
City Council Resolution No. 3911, as amended on March 21, 1995 established that the cost for services of
implementing and processing various Library Services Department Programs would be recovered as set forth
in a Schedule of Fines and Fees. The Proposed Resolution will amend the Schedule of Fines and Fees to
include changes for Matsui International Meeting Room usage fees and to include fees for use of the public
Internet Stations. (See Exhibit A).
Specifically, a) Matsui Meeting Room charges will be amended to a flat fee of $25 /per 3 hours for residents,
with a $10 /hr. charge thereafter; and to a flat fee of $50 /per 3 hours for non - residents (at the July 1, 1997
meeting, it was suggested this amount be increased to $100 /per 3 hours), with a $15 /hr. charge thereafter;
b) Use of the Public Access Internet Stations will be subject to a $2 /hr. fee and c) Use of all copiers and
printers will be subject to a .15 cent per page fee.
The amount of fee is calculated to partially cover, but not to exceed, the cost of providing service, which will
include telecommunications costs for Internet workstations, paper, and meeting room maintenance.
The Library anticipates the estimated amount of revenue received from these amended and new service fees
will be between $18,000 and $30,000 per annum.
Public comment is welcome at this time.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution No. 3589
2. Resolution No. 3911
3. El Segundo Public Library Schedule of Fines and Fees
4. Proposed Resolution and Exhibit A
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested: N/A
Project /Account Budget:
Project /Account Balance: Date:
4ccnunt Nnmhar_
Project Phase:
Appropriation Required - Yes No X
ORIGINATED: Date:
Barbara J. Pearson, Library Director
By: Date:
7-4:15-9%-7
W. Morrison, City Manager
ACTION TAKEN:
NEW FEES.2
0 010
I �✓
R.ESOLUTIQU NO ]-A9
A RESOLUTION of THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING A
SCHEDULE OF FUZES AND FEES TO RECOVER PARTIAL
COSTS OF LIDRARY SERVICES.
WHEREAS, the Griffith Report dated September, 1900
recommends the establishment- and /or increase in fines and fees to
recover the costs for Library services; and
WHEREAS, the attached Schedule of Fines and.Fees is
recommended to the City Council to recover the partial costs of
services by the E1 Segundo Public Library.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Schedule of Fines and Fees, referred hereto
as Exhibit "A" and by reference made a part hereof is hereby
approved and adopted as the Schedule of Fines and Fees for ,
Library services. The Schedule shall be reviewed for adjustment
on July 1st of each year to reflect any increase in the moot
recent Consumer Price Index published by the United States Bureau
of Labor Statistics for the Loa Angeles Ba ©in /Long Beach Standard
Metropolitan Statistical Area for all Urban Consumers (1967 Base)
over the prior years Index.
SECTION Z. The City Clerk shall certify to the passage and
adoption of this -resolutions shall enter the same in the book of
original resolutions of said.city; and shall make a minute of the
passage and adoption theraof in the record 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 on April l , 1989.
May6r o'E th© C y of E1 Segundo,
Cal ornla
ATT 3
-A oil
city Clerk (SEAL)
RESOLUTION: 3911
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF
FEES TO PARTIALLY COVER, BUT NOT TO EXCEED, THE
COSTS OF PROVIDING VARIOUS LIBRARY SERVICES.
WHEREAS, City Council Resolution 3589, as amended on January 5, 1993
establishes that the cost for services of implementing and processing various Library
Services Department Programs, shall be recovered and the fees therefore shall be fixed
and established by City Council from time to time by Resolution; and
WHEREAS, the attached Schedule of Fees is recommended to the City Council
to cover the costs of said services by the Library Services Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Schedule of Fees, referred hereto as Exhibit "A" and by
reference made a part hereof, is hereby approved and adopted as the Schedule of Fees
for services of implementing and processing the various Library Services Department
Programs. The fees set for the in Exhibit "A" shall be adjusted on July 1 st of each year
to reflect any increase in the most recent Consumer Price Index published by the United
States Bureau of Labor Statistics for the Los Angeles Basin /Long Beach Standard
Metropolitan Statistical Area for all Urban Consumers (1967 Base) over the prior years
Index.
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 record of 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 qn 21, 1995
y �
`Carl Jacobson, Mayor
of the City of El Segundo,
California
ATTESTED:
C' d4rtqjfen�,
ity Clerk (SEAL)
APPROVED AS TO FORM:
UsAand C. Dolley,
City Attorney
r'"
A fl- ;�
FEES.RES
0 012
EL SEGUNDO PUBLIC LIBRARY
SCHEDULE OF FINES & FEES
LIBRARY CARDS:
Residents, Volunteers
& MCLS FREE
Non- Residents $40.00/Yr
Corporate/Business $103/Yr.
Lost/Duplicate "k, "�1� ���NZ.
Q $1.05.
Computer Room: .
Adults/ Residents $10 /Qtr.
Adults/Non- Residents 520 /Qtr.
El Segundo High School Students with I.D. $I/Yr.
Children FREE
OVERDUE FINES:
Books, Records, Audio Cassettes,
Compact Discs: $.15 Day
(Max. $4.60 or Cost of Item)
Reference Materials: $2.60 Day
(Max. $75 or Cost of Item)
Video Cassettes: $2.05 Day (Or Cost of Item)
LOST/IRREPARABLE MATERIAL:
Current Replacement Cost + $5.15
RESERVES:
Books $.55
INTER - LIBRARY LOAN FEES:
MCLS -Fee to Request
FREE
Non -MCLS
$1.05 + Ret. Postage
Lost Inter - Library Loans
Cost + $6.15
Typewriter Rental
Processing Fee
DAMAGED MATERIAL FEES:
Book Bindery
$12.55
Periodicals
$2.65
Pamphlets
$1.30
Plastic Cases for:
For -Profit & Non -Profit Meetings/
Audio Cassettes
$1.30
Video Cassettes
$2.30
Books on Tape
$2.30
Compact Discs
51.30
OTHER CHARGES:
Photo Copies
5.15 copy
Microfilm & Microfiche
Readers Copies
5.10 /Copy
Typewriter Rental
$.50/20 Min.
Video Rental
$I.Each
MEETING ROOM:
Non - Profit Meetings
FREE
For - Profit Meetings/Regular Hours
$20./Hr.
For -Profit & Non -Profit Meetings/
After Regular Hours
535. /Hr.
Council Reso. 39113/21/95
Eff. 4/1/95
Af 3 0 013
RESOLUTION:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF
FEES TO PARTIALLY COVER, BUT NOT TO EXCEED, THE
COSTS OF PROVIDING VARIOUS LIBRARY SERVICES.
WHEREAS, City Council Resolution 3911, as amended on March 21, 1995
establishes that the cost for services of implementing and processing various Library
Services Department Programs shall be recovered and the fees therefore shall be fixed
and established by City Council from time to time by Resolution; and
WHEREAS, the attached Schedule of Fees is recommended to the City Council
to cover the costs of said services by the Library Services Department; and
1997;
WHEREAS, the City Council did hold a duly noticed public hearing on July 1,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Schedule of Fees, referred hereto as Exhibit "A" and by
reference made a part hereof, is hereby approved and adopted as an amendment to
the Schedule of Fees for services of implementing and processing the various Library
Services Department Programs. The fees set in Exhibit "A" shall be adjusted on
August 1, 1997.
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 record of proceedings
of the City Council of said City, in the minutes of the meeting at which the same is
passed and adopted.
Ar �0 014
PASSED, APPROVED and ADOPTED on , 1997
APPROVED AS TO FORM:
ATTEST:
City Clerk (SEAL)
RESO.FEE
Mayor of the City of El Segundo,
California
City Attorney
A � -1 0 015
EX�BI�ION #.�--
RESOL
�ME� TO
PA 'FMVNT DES
V SERVICES ED, OF ilN'S AND
LIBRAR SC 1)121
FEES AS OF g�1197
Residents
$25 Flat Fee for I,Unit,
for a 3 hr• Time
$10111r• Charge
Thereafter.
ITEM
--�
Matsui Meeting Room
Fees - Change
Vend -A -Card Debit
System - New Fees
Re -nit
VEES
CjJRRE
$20 hr. for Profit
Free for Non Profit
$.15 per Page for Copy
Machines
Printer Copies - Free
$50 Flat Fee for . Time
Non-
Residents for s
Limit, and $15fhr. Charge
Thereafter.
New Debit Card System
for Copiers, Printers &
Internet W orkstations:
$2 /hr. for Internet
Stations
$.15 per Page for Printers
and Copiers
*
(Library ra Revenues are 50% of Internet Charges and a Flat 15% on all Copiers and
Printers)
Af- 14
0
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: July 15, 1997
AGENDA HEADING: Special Orders of Business
Public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use
Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue
its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between
El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require
approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and
Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson.
RECOMMENDED COUNCIL ACTION:
1) Hold public hearing;
2) Discussion; and,
3) Uphold Planning Commission's decision; or
4) Other possible action /direction.
INTRODUCTION AND BACKGROUND:
The Planning Commission, at its January 30, 1997 meeting, considered and Denied, as the result of a tie -vote, the
above referenced project. The original project included a Variance application (Variance 96 -5) to allow a reduction
in the required number of parking spaces on the site by three (3) spaces. On February 6, 1997, an appeal of the
Planning Commission decision was filed by the applicant, Mr. Mas Takahashi, project representative for TAS Air Cargo
(USA), Inc.. On April 28, 1997, the applicant withdrew the Variance application after it was determined by City Staff
that the project site does provide the required number of parking spaces (13 spaces) after the applicant recalculated
the net floor area of the office, warehouse and storage uses of the building and redesigned the parking lot layout.
Planning Commission Resolution No. 2388, the approved Minutes from the January 30, 1997 Planning Commission
meeting, and the Planning Commission Staff Report and associated attachments, and other related information were
previously distributed to the City Council (July 2, 1997) as background information. The Planning Commission Staff
Report includes more detailed background and analysis of the proposed project. A Resolution will be drafted for City
Council adoption subsequent to this evening's meeting, pursuant to direction provided by the Council.
(Continued on the next page)
ATTACHED SUPPORTING DOCUMENTS:
1) Appeal letter dated February 6, 1997.
2) Letter dated April 23, 1997, withdrawing the Variance application.
3) Revised plans dated April 28, 1997.
(Planning Commission Staff Report, Minutes, related materials -- previously distributed)
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
None Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes _ No _.
Date:
0 017
TAS Air Cargo (USA) Inc. -- Appeal
City Council Staff Report
Page 2
Date: July 15. 1997
DISCUSSION:
The Planning Commission held a public hearing, took public testimony, and Denied, because of "lack -of- action" (i.e.,
tie - vote), the project proposal on January 30, 1997. To reiterate, at the meeting, the Planning Commission considered
two applications: a Conditional Use Permit (to allow the freight forwarding use) and a Variance (to allow a reduction
in the number of required parking spaces). Since the applicant has withdrawn the Variance application, this appeal
refers to the Denial of the Conditional Use Permit only.
The Planning Commission discussion focused primarily upon the Variance application, however, there was some
discussion on the compatibility of the freight forwarding use to the surrounding area, its potential traffic impacts, the
limited amount of revenue this approval would generate, the narrowness of the alley, and the fact that there are many
small industries located there.
In general, the Commissioners felt that the freight forwarding use was compatible with the surrounding area; that truck
trips are inevitable for industry; that the use is not an unreasonable use of the building, and in fact, is preferable to a
manufacturing use since it is cleaner; and, impacts could be mitigated by limiting the number of truck trips per day.
The proposal only includes three (3) to five (5) 20' -24' truck trips per day and one (1) 40' truck trip per month.
It should be noted that Staff, in its Planning Commission Staff Report, recommended approval of the Conditional Use
Permit since all three (3) required findings could be made, however, Staff did not recommend approval of the Variance.
During the meeting, the Planning Commission made three (3) different motions:
1) Approve the Conditional Use Permit as recommended by Staff;
2) Continue this item to a future date until all five (5) Planning Commissioners were present; and,
3) Approve the Variance.
All three motions failed due to lack of action (2 -2 votes); and, as a result, the project was Denied.
P: 1projects \393Xappeal\ea393 -cc.sr
M : •
TAS AIR CARGO (U.S.A.) INC. - Los Angeles Office
129 Sierra Street • El Segundo, CA 90245 * Tel: (310) 322 -7789 a Fax: (310) 322 -- ,7499
Fin
February 6, 1997
City of El Segundo
City Council
350 Main Street
El Segundo, CA 90245
Attention: Naima Greffon
Planning Technician
Re: Environmental Assessment EA- 393 /CUP 96 -6NAR 96 -5
Address: 129 Sierra Street
Lessee: TAS Air Cargo, Inc.; Mas Takahashi
Owners: Carl E. Knutson; Harry Anderson
Dear Sirs:
We have received your letter dated February 3, 1997 informing us that the
Planning Commission has denied our request for the above referenced project.
We understand that the appeal period expires February 9, 1997 and we are
therefore submitting this letter to specifically state the reason for our appeal and
why we believe the required conditional use permit and variance can be
approved. While we wish to resolve this matter as quickly as possible, we do not
require the first available date the City Council meets.
We are appealing the Planning Commission's decision not to grant the
Conditional Use Permit (CUP) and the variance on the above referenced
property. Even though the Planning Department recommended approval of the
CUP, the Planning Commission denied it because of "Lack of Action."
0 019
M
City of El Segundo
City Council
February 6, 1997
Page Two
We feel, however, that if all 5 Planning Commission members had been present,
they would have followed the recommendation of the Planning Department and
approved the CUP.
The following information was provided to the Planning Department with the
original application for the CUP and Variance. This information was used in
making their recommendation for the approval of the CUP to the Planning
Commission. For reference purposes, I have attached a copy of the Planning
Commission Agenda for January 30, 1997, as it applies to the CUP.
TAS Air Cargo (U.S.A.) Inc. currently has a total of five (5) employees: one (1)
warehouse man and four (4) office personnel, with one of the office staff helping
in the warehouse when needed. Employee and visitor parking of 13 is quite
sufficient, since we only have 5 employees and a maximum of 3 to 4 visitors per
day.
TAS Air Cargo (U.S.A.) Inc. will be using the building for general office use, which
includes administrative, accounting and document processing. The warehouse
will be used for freight forwarding, warehousing and storage. Our freight
forwarding load is handled by 3 to 5 twenty to twenty -four foot trucks a day and
only 1 forty foot truck per month. TAS does not own or lease any trucks.
129 Sierra and the buildings adjacent to the south are situated approximately 43'
from the alley (property line) which provides easy access and sufficient parking
for the trucks without interfering with the adjacent business in the area. The
building currently has 2 dock high doors (approximately 22 inches high) and one
door with a ramp. The height of this door averaged approximately 18" from the
ground which allowed for a ramp with a short approach and gentle slope. The
loading doors will be more than adequate for the traffic we generate since the
majority of our freight forwarding is handled, loaded and processed at LAX and
does not come to our warehouse.
0 020
City of El Segundo
City Council
February 6, 1997
Page Three
All of the surrounding buildings are industrial, with some of the tenants engaged
in the air freight business. We feel that our intended use will blend in extremely
well with the surrounding business. Our truck traffic and employee traffic is very
low, in fact it is considerably lower than that of the past two tenants. Total
Communications occupied the premises for 5 years prior to us and Concordia
International Forwarding (a freight forwarder) occupied the premises from 1982
until the time Total Communications' occupancy commenced. Both companies
had a greater number of office employees and visitors, and Concordia had a very
high truck trip count.
129 Sierra completely suits our business requirements and provides us with a
good mix of office, warehouse and storage space.
Sincerely,
M a s, Ta as `
TAS Air Cargo (U.S.A.) Inc.
MT:dw
Attachment
0 021
Y
TAS AIR CARGO (U.S.A.) INC. - Los Angeles Office
129 Sierra Street • El Segundo, CA 90245 • Tel: (310) 322 -7789 9 Fax: (310) 322 -7499
April 23, 1997
City of El Segundo
Department of Planning and Building Safety
350 Main Street
El Segundo, CA 90245
Attention: Bret B. Bernard, AICP Director
Re: Environmental Assessment EA-393/CUP 96 -6NAR 96 -5
Address: 129 Sierra Street
Lessee: TAS Air Cargo, Inc.; Mas Takahashi
Owners: Carl E. Knutson; Harry Anderson
Dear Mr. Bernard:
We are withdrawing the request for the parking variance on the above referenced property.
With help from the Planning Department and the code book, we have redefined the parking layout and
added an additional two parking spaces, creating a total of fifteen (15) spaces.
A portion of the warehouse (32'6" x 15'3" or 495 square feet) was incorrectly identified as the
"warehouse office." It has, in fact, always been a secured warehouse storage area.
We also performed an accurate measurement of the existing office and warehouse area. The fast floor
office measures 1,009 square feet; the second floor office measures 1,301 square feet, thus creating a
total of 2,310 square feet. The total square footage is then divided by the parking requirement for an
office space of 300 square feet, which equals 7.70 parking spaces for the total office area. The total
warehouse area of 6,400 square feet minus the first floor office area of 1,009 sq. ft. equals 5,391 square
feet, or 5.39 parking spaces for the warehouse area. Adding the parking requirements for the office and
warehouse area together brings the total number of parking spaces to 13.09.
We hope this letter of explanation, along with the submitted building and parking drawings, will satisfy
the parking requirements for this property.
r'
Sincerely,
APR 2 8 ," �7
Regional Manager
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OFFICE SQUARE FOOTAGE:
First floor 1,009 sq. ft.
Second floor 1,301 sq. ft.
Total 2,310 sq. ft.
PARKING SPACES
2,300 sq. ft. office / 300 = 7.70 Parking
5,391 sq. ft. warehouse / 1000 = 5.39 Parking
Total 13.09 Parking Spaces
WAREHOUSE SQUARE FOOTAGE:
Total first floor 6,400 sq. ft. ,
Less office sq. ft. 1,009 sq. ft. i
Total 5,391 sq. ft.
0
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS, & BOARDS
AGENDA DESCRIPTION:
A. Status of current recruitment for applicants to the El Segundo Senior Citizen Housing Corporation Board.
B. Notice of vacancies on the:
Capital Improvement Program Advisory Committee (1 vacancy - term expires 11/30/97);
El Segundo Community Cable Advisory Committee (2 vacancies - terms expire 10/31/97);
Investment Advisory Committee (1 vacancy - term expires 8/30/97); and the
Planning Commission (1 vacancy - unexpired term to 6/30/98).
RECOMMENDED COUNCIL ACTION:
1) Extend expired terms of office on CCBs until positions are filled;
2) Continue recruitment for applicants to the El Segundo Senior Citizen Housing Corporation Board.
3) Commence recruitment for upcoming vacancies on the Capital Improvement Program Advisory
Committee, the El Segundo Community Cable Advisory Committee, the Investment Advisory Committee,
and the Planning Commission.
INTRODUCTION AND BACKGROUND: On June 10, 1997, the City Council continued the recruitment for the two
vacancies (terms expired June 30, 1997) on the El Segundo Senior Citizen Housing Corporation Board. The
vacancies continue to be advertised in the El Segundo Herald and on Cable T.V. The City Council was provided
with the packet of applicants on file from past recruitments.
DISCUSSION:
1. Status of current recruitment: One additional applicant has filed for one of the two vacancies on the El
Segundo Senior Citizen Housing Corporation Board. The total applicants now stand at 2.
2. Resignation: A copy of Planning Commissioner Yeagley's resignation dated July 8, 1997 is attached.
3. Recruitment for one position on the Capital Improvement Program Advisory Committee: two
positions on the El Segundo Community Cable Advisory Committee: one position on the Investment
Advisory Committee and one position on the Planning Commission. Notice of Vacancies and application
forms will be made available in the Administration Offices, the office of the City Clerk, the El Segundo Library,
Chamber of Commerce Office, as well as the Joslyn Center. The notices of vacancies for these positions will be
posted and advertised in the El Segundo Herald, on Community Cable T.V., and will be posted on the outgoing
water bills (if space available).
Former applicants were contacted and two have indicated they would be interested in serving on the
Investment Advisory Committee; CIPAC; or the El Segundo Community Cable Advisory Committee. Their
applications will be submitted to the Council along with those received from this recruitment at the time of the
interviews.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: N/A
ORIGINATOR: uate: juiy d, ivvt
Julia O. Abreu, Assistant to the Council
REV WED BY: Date: July 9, 1997
.on, ity Manager
AL�I'ON TAKEN:
joa: \n:` \cccb \forme \agnd- ccb.797
0 025
July 8, 1997
City Hall
350 Main Street
El Segundo, Calif., 90245
Dear Mayor, Members of the City Council, and Planning Department,
It is with regret that I must inform you of my decision to resign my position on the
Planning Commission. Due to the closing of my employees facility in Hawthorne,
California , I have accepted a transfer to Rolling Meadows, Illinois. My resignation
will be effective July le, coinciding with the scheduled planning commission
meeting on that evening.
I would like to express my appreciation for the opportunity to participate in the city's
government, both on the Planning Commission and Capital Improvements Program
Advisory Committee. The guidance of the city's staff made the experience both
enjoyable and memorable, with a special thanks to Brett Bernard, Laurie Jester, Ed
Schroder, and Bellur Devaraj.
cerely,
S
R bert Yea
• Page 1
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
06/26/97 THROUGH 07/04/97
Date Payee Amount Description
6/26/97 State Street 107,905.10 Certificates of Participation
6/27/97 Federal Reserve 300.00 Employee bonds P/R # 26
6/30/97 IRS 123,912.14 Federal Payroll Taxes P/R # 26
6/30/97 Emp. Dev. Dept. 22,488.70 State Payroll Taxes P/R # 26
Total by Wire: 254,605.94_
DATE OF RATIFICATION: 07115197 TOTAL PAYMENTS BY WIRE: 2541605.94
Certified as to the accuracy of the wire transfers by :
City
Fine
City
Date ksh?
Date �7& /17
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
1 t
MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
Tuesday, July 1, 1997 - 5:00 P.M.
CALLED TO ORDER at 5:00 p.m. by Mayor Jacobs.
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Jacobs -
Present
Mayor ProTem Wernick -
Present
Councilwoman Friedkin -
Present
Councilman Weston -
Present
Councilman Gordon -
Present
PUBLIC COMMUNICATIONS -(Related to City Business Only - 5 minute limit per person, 30 minute limit
tOta1.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. NONE
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including
the Brown Act (Government Code §54950, et seg.) for the purposes of conferring with the City's Real
Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor
Negotiators as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a))
Siadek et al. V. City of El Segundo, LASC Case No. YCO25264
Rinebold /Hawk v. City of El Segundo, LASC Case No. YCO25220
Charlotte Hayes v. City of El Segundo, LASC Case No. YCO26759
In the Matter of the Application of City of Los Angeles Department of Airports (LAX) for Variance,
State of California Case No. L- 9604014
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential cases (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -7-
matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Firefighters Association,
Supervisory & Professional Employees and General Employees Association (Rick Kopenhefer,
Negotiator); Management; Mid - Management & Confidential Employees (City Manager, Negotiator); City
Manager (Mayor, Negotiator).
City Council Minutes 0 029
7 -1 -97 5:00 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with Negotiator
regarding the acquisition of a strip of land owned by Chevron along the easterly boundary known as
Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary
known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in
connection with the Sepulveda Boulevard widening project.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
NONE
ADJOURNED at 7:00 p.m.
Lora Freeman,
Deputy City Clerk
2 City Council Minutes O 030
7 -1 -97 5:00 p.m.
A . .
MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 1, 1997 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobs at 7:06 p.m.
INVOCATION - given by Reverend Dr. Harvey R. Kemp, The United Methodist Church of El Segundo
PLEDGE OF ALLEGIANCE - led by Mayor Pro Tern Wernick
PRESENTATIONS
1. Proclamation declaring July as "PARKS AND RECREATION MONTH" and encourage the
citizens of El Segundo to enjoy our parks and make use of its programs.
Councilman Gordon presented the proclamation to Recreation and Parks Commission Chair, Bill Mc
Caverty
ROLL CALL
Mayor Jacobs -
Present
Mayor ProTem Wernick -
Present
Councilwoman Friedkin -
Present
Councilman Weston -
Present
Councilman Gordon -
Present
City Attorney Mark Hensley announced a settlement agreement, Donald L. Harrison vs City of El Segundo
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. Two (2) individuals addressed the City Council.
1. Dorothy Kent, 909 Dune; Spoke regarding the wireless towers proposed, and
she requested Council ban all towers in the residential areas.
2. Captain Kristine Braswell, USAF, for the Los Angeles Air Force Base requesting the City
to waive the City's insurance requirement for LAAFB's open house on Saturday, September
6, 1997 when it will close off a section of Douglas Street to facilitate parking for the event.
MOVED by Councilman Weston SECONDED by Councilwoman Friedkin approve the requested to waive
the City's insurance requirement for LAAFB's open house on Saturday, September 6, 1997 when it will
close off a section of Douglas Street to facilitate parking for the event.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to read all ordinances and
resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510
0 031
. .
B. SPECIAL ORDERS OF BUSINESS -
Resolution Fixing and Establishing Water Rates and Charges (fiscal impact - $397,120.00
increase in water revenues).
City Attorney Mark Hensley read the following:
RESOLUTION NO. 4018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR
WATER SERVICE IN SAID CITY AND RESCINDING RESOLUTION NO.
3922 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH
MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to adopt Resolution no. 4018,
fixing and establishing water rates and charges. MOTION PASSED BY THE FOLLOWING VOICE VOTE.
AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, AND COUNCILMAN GORDON. NOES:
COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. 312
MOVED by Councilman Gordon to rebate the overcharge of $764,000 to all water customers.
Motion died due to lack of second.
2. Public Hearing and consideration of a Resolution to amend Section 8.12.040 of the
El Segundo Municipal Code to increase dog licensing fees and establish additional animal
control fees. Fiscal impact: Estimated $19,500 in revenue.
Mayor Jacobs stated this is the time and place hereto fixed for a public hearing and consideration of a
Resolution to amend Section 8.12.040 of the El Segundo Municipal Code to increase dog licensing fees
and establish additional animal control fees. She asked if proper notice had been done, and if any written
communications had been received. Clerk Mortesen stated that proper notice was done and no written
communications had been received.
Council consensus to close the Public Hearing.
City Attorney Mark Hensley read the following:
RESOLUTION NO. 4019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADOPTING ANIMAL LICENSING FEES
MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Resolution No. 4019,
increasing dog licensing fees and establishing additional animal control fees. MOTION PASSED BY
UNANIMOUS VOICE VOTE 510
3. Public Meeting and consideration of a Resolution amending an adopted schedule of fees to
partially cover, but not to exceed, the cost of providing various library services. Fiscal
impact: Estimated increase in revenue of $18,000 - $30,000.
Mayor Jacobs stated this is the time and place hereto fixed for a public meeting for consideration of a
2 0 032
Resolution amending an adopted schedule of fees to partially cover, but not to exceed, the cost of
providing various library services. She asked if proper notice had been done, and if any written
communications had been received. Clerk Mortesen stated that proper notice was done and no written
communications had been received.
Council consensus to close the public meeting, and schedule July 15, 1997 for the public hearing.
Councilwoman Friedkin requested the fees be increased for the Matsui room usage to $50.00 for
residents and $100..00 for non residents.
4. Continued Public Hearing on FY 97/98 Operating Budget and Five Year Capital
Improvement Plan and adoption of Resolutions approving Appropriations Limit, Preliminary
Budget as amended, and Capital Improvement Plan as amended.
Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on Fiscal Year
1997/1998 Operating Budget and Five Year Capital Improvement Plan and adoption of resolutions
approving Appropriations Limit, Preliminary Budget as amended, and capital Improvement Plan as
amended. She asked if proper notice of the hearing was done in a timely manner, and if any written
communications had been receive. Clerk Mortesen stated that proper notice was done and no written
communications had been received.
Council consensus to close the public hearing.
City Attorney Mark Hensley read the following :
RESOLUTION NO. 4020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET
FOR FISCAL YEAR 1997198
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4020
approving an operating budget for fiscal year 1997/98. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 510
City Attorney Mark Hensley read the following :
RESOLUTION NO 4021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING AND ADOPTING THE APPROPRIATION LIMIT
FOR FISCAL YEAR 1997198
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4021
approving an appropriation limit for fiscal year 1997/98. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 510
City Attorney Mark Hensley read the following :
RESOLUTION NO. 4022
3
0 033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, APPROVING AND ADOPTING A CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 199712002
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Resolution 4022
approving a Capitol Improvement Program fiscal year 1997/98. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510
5. A. Continued Public Hearing on the following proposed Amendments to the General
Plan, Zone Text, and Zoning Map: 1) Sepulveda Boulevard Building Heights,
2) Drive - thrus, and 3) Residential Heights; and, a Negative Declaration of
Environmental Impacts in accordance with CEQA. Environmental Assessment EA-
405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and
Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments;
Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on the following
proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Sepulveda Boulevard
Building Heights, 2) Drive - thrus, 3) Residential Heights, and; and a Negative Declaration of Environmental
Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA
97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo -
Citywide Amendments. She asked if proper notice was done in a timely manner and if any written
communications had been received. Clerk Mortesen stated that proper notice was done and no new
written communications had been received.
Council consensus to continue the pubic hearing and schedule a workshop with the Planning Commission
for August 4, 1997 at 6:30 P.M.
B. Continued Public Hearing on proposed amendments to the Zoning Code to provide
new regulations for Wireless Communication Facilities; and a Negative Declaration
of Environmental Impacts in accordance with CEQA. Environmental Assessment
EA -403 and Zone Text Amendment ZTA 96 -3. The General Plan Amendment
associated with Wireless Communication Facilities was processed and approved
with the first quarter General Plan Amendments /Zone Text Amendments (EA -405,
GPA 97 -1, and ZTA 97 -1). Applicant: City of El Segundo.
Mayor Jacobs stated that this is the time and place hereto fixed for a public hearing on proposed
amendments to the General Plan and Zoning Code to provide new regulations for Wireless
Communication Facilities; and a Negative Declaration of Environmental Impacts in accordance with
CEQA. Environmental Assessment EA -403, General Plan Amendment GPA 97 -2, and Zone Text
Amendment ZTA 96 -3. GPA 97 -2 will be processed with the first quarter General Plan Amendments /Zone
Text Amendments (EA -405, GPA 97 -1, and ZTA 97 -1). Applicant: City of El Segundo. She asked if
proper notice was done in a timely mannered and if any written communications had been received. Clerk
Mortesen stated that proper notice was done and no written communications had been received.
Council consensus to continue the pubic hearing and schedule a workshop with the Planning Commission
for August 4, 1997 at 6:30 P.M.
C. UNFINISHED BUSINESS
Second reading and adoption of an Ordinance of the City Council of the City of El
4 0 034
. .
Segundo, California amending section 5.40.020 to add definitions for massage and
massage establishments, adding section 5.40.275 to El Segundo Municipal Code relating to
off -site massages and repealing section 20.08.590 which defined massage establishments.
City Attorney Mark Hensley read the following:
ORDINANCE NO. 1273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA AMENDING SECTION 5.40.020 TO ADD
DEFINITIONS FOR MASSAGE AND MASSAGE ESTABLISHMENTS,
ADDING SECTION 5,40,275 TO THE EL SEGUNDO MUNICIPAL CODE
RELATING TO OFF -SITE MASSAGES AND REPEALING SECTION
20.08.590 WHICH DEFINED MASSAGE ESTABLISHMENTS
MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to adopt Ordinance No. 1273
amending section 5.40.020 to add definitions for massage and massage establishments, adding section
5.40.275 to El Segundo Municipal Code relating to off -site massages and repealing section 20.08.590
which defined massage establishments. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES;
MAYOR JACOBS, MAYOR PROTEM WERNICK, AND COUNCILMAN GORDON. NOES: COUNCILMAN
WESTON AND COUNCILWOMAN FRIEDKIN. 312
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
Warrant Numbers 239398 - 239720 on Demand Register Summary Number 43 in total
amount of $746,302.82, and Wire Transfers in the amount of $160,308.96.
2. Pulled for discussion by Councilman Weston
3. Pulled for discussion by Mayor Jacobs.
4. New Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer,
wine, and liquor (Type 47- Retail On -Sale General Bona Fide Eating Place) at a new
proposed McCormick & Schmick's restaurant at 2101 Rosecrans Avenue, in Continental
Park. Applicant: McCormick & Schmick's SCP IX, Inc. Property Owner: Continental
Development Corporation.
5. Pulled for discussion by Councilwoman Friedkin
6. Pulled for discussion by Councilwoman Friedkin.
7. Pulled for discussion by Councilwoman Friedkin.
5 0 035
. .
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin, to approve consent items
numbers 1, and 4. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
2. City Council meeting minutes of June 10, June 17 and June 19, 1997.
Councilman Weston wished not to vote on this item due to his absence at the June 17, 1997 meeting.
MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon. to approve the City Council
meeting minutes of June 10, June 17 and June 19, 1997. MOTION PASSED BY THE FOLLOWING
VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND
COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSTENTION: COUNCILMAN WESTON 41011
3. Adopt plans and specifications for 1996 -1997 Replacement of Water Lines - Project No.
PW 96 -10 (estimated cost $585,000.00).
Mayor Jacobs and Mayor ProTem Wernick did not participate due to a conflict of interest
MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin. to Adopt plans and
specifications for 1996 -1997 Replacement of Water Lines - Project No. PW 96 -10 (estimated cost
$585,000.00). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: COUNCILMAN GORDON,
COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING.
MAYOR JACOBS, AND MAYOR PROTEM WERNICK. 3/0/2
Councilwoman Friedkin stated that she is not opposed to salary increases but she feels there is to much
disparity between the groups and she would be voting no on the next three items.
Agreement No. 2414A, and Resolution No. 4023, providing for an addendum to the three
year Memorandum of Understanding between the City Council and the El Segundo
Supervisory and Professional Employees Association. Fiscal Impact: $36,477 total
compensation cost. Funds are available in the City's 1997/98 Fiscal Year Operating
Budget for the 3% salary increase.
6. Agreement No. 2521A and Resolution No. 4024, providing for an addendum to the three
year Memorandum of Understanding between the City Council and the El Segundo General
Employee's Association. Fiscal Impact: $171,588 total compensation cost. Funds are
available in the City's 1997/98 Fiscal Year Operating Budget for the 3% salary increase.
7. Agreement No. 2520, and Resolution No. 4025, providing for three year Memorandum of
Understanding between the City Council and the El Segundo Firefighter's Association.
Fiscal Impact: $733,000 total compensation cost. Funds are available in the City's 1997/98
Fiscal Year Operating Budget for the first year 8% salary increase.
MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon, to approve consent items
numbers 5, 6, and 6. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS,
MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES:
COUNCILWOMAN FRIEDKIN. 4/1
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
6 0 036
. .
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon -
Spoke regarding an Airport expansion meeting, and Hyperion problems that were discussed with Hyperion
Management.
Councilman Weston -
Spoke regarding the COG meeting, and a survey of the City currently being taken by unknown persons,
and suggested people beware of whom you are taking to.
Councilwoman Friedkin -
1. The City of El Segundo's participation in regional and subregional organizations.
Explained all of the Cities participation in all the outside committees and the function of each committee.
Announced she received an Environmental award from the Chamber of Commerce.
Mayor Pro Tern Wemick -
Spoke regarding Hyperion matters, also asked Staff to check into the DWP right of way land by Hyperion
with an excess amount of weeds etc.
Mayor Jacobs -
Announced that two El Segundo business were mentioned in a Magazine, On Point Technologies, and
Justice Technology Corp.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behaf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. No
individuals addressed Council
MEMORIALS - NONE
CLOSED SESSION - NONE
ADJOURNED at 9:45 p.m. to July 2, 1997 at 7:00 p.m.
Cindy Mortesen, City Clerk
7 0 037
MINUTES OF THE ADJOURNED MEETING
OF THE EL SEGUNDO CITY COUNCIL
Wednesday, July 2, 1997 - 7:00 P.M.
CALLED TO ORDER at 7:05 p.m. by Mayor ProTem Wernick
PLEDGE OF ALLEGIANCE - led by Councilman Gordon
ROLL CALL
Mayor Jacobs -
Present (Arrived at 7:06)
Mayor ProTem Wernick -
Present
Councilwoman Friedkin -
Present
Councilman Weston -
Present (Arrived at 8:20)
Councilman Gordon -
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit
total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a
misdemeanor and punishable by a fine of $250. NONE
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including
the Brown Act (Government Code §54950, et seq.) for the purposes of conferring with the City's Real
Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor
Negotiators as follows:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - None
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential cases (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -1-
matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) None.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received
value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
NONE
ADJOURNED at 9:35 p.m. to July 15, 1997 at 5:00 p.m.
James Morrison,
City Clerk ProTemp
1 1
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration of extension to Residential and Municipal Solid Waste Collection contract with Zakaroff Recycling Services, Inc.,
maintaining current rates. Annual fiscal impact: $504,200.00
RECOMMENDED COUNCIL ACTION:
Authorize staff to send a letter to Zakaroff Recycling Services expressing the City's desire to extend the current Solid Waste
Collection contract for an additional three (3) years.
INTRODUCTION AND BACKGROUND:
On July 15, 1993 the City awarded a five (5) year contract to Zakaroff Recycling Services Inc. for the collection of residential
trash. On July 20, 1993 Zakaroff was awarded a contract for solid waste and recycling collection at City buildings. The
residential and city building contracts were combined into one contract on August 1, 1996.
The contract is scheduled to expire on July 31, 1998, however it contains an extension clause which states the City, at its sole
option, may notify Zakaroff of its desire to extend the contract for an incentive option period of one, two, or three years. Any such
notification shall be delivered by the City to Zakaroff by 5:00 p.m., July 31, 1997.
DISCUSSION:
In order to determine whether it is in the City's best interest to execute our option, staff surveyed eleven (11) neighboring cities
who contract for solid waste collection (see attached refuse collection survey). There are two types of cities identified in the
survey: franchise and non - franchise. Franchise cities have economy of scale and the ability to adjust both residential and
commercial rates. Non - franchise cues allow for the benefits of competition in trash collection. Historically, and to limit its liability
for cost associated with possible landfill clean -up, El Segundo has made a decision not to be a franchise city.
Factors considered in comparing costs were quality of service, provision of comparable service, are they franchised (one hauler
for both commercial and residential trash collection), curbside recycling, and contractual escalation clause. There are three
cities currently paying less than El Segundo (see attached comparison chart). These are Redondo Beach, Hermosa Beach,
and Burbank.
ATTACHED SUPPORTING DOCUMENTS:
Refuse Collection Survey
FISCAL IMPACT:
(Check one) Operating Budget: x Capital Improve. Budget
Amount Requested: $105,000.00
Project/Account Budget:
Project/Account Balance: Date:
Account Number: 001 - 400 - 4201 -6206
Project Phase:
Appropriation Required - Yes No
ORIGINATED: Date:
,� 719lq 1
Schroder, Director of Public Works
BY:
Man
TAKEN:
Date:
maintfc1\admin- 96\cnc07 -01.agn
0 039
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT (Addendum)
DISCUSSION: (continued)
MEETING DATE: July 15, 1997
AGENDA HEADING: Consent Agenda
Redondo Beach is a franchised city and charges the least for residential collection at $6.60, but the highest for curbside recycling
at $3.59. The Redondo Beach contract is a new five (5) year contract which went into effect in November 1996. The value of
this residential contract is $25,000,000.00. They have an automated collection system that enables the driver to pick up at more
stops in a given time. The curbside recycling program includes green waste which significantly reduces the amount of trash
picked up for transport to the landfill. This reduction in volume results in lower tipping fees, labor and equipment costs.
However, Redondo Beach staff have indicated that their contractor's performance has been unsatisfactory and that they are
considering taking action against the contractor.
Burbank has a variable rate of which only their 35 gallon rate of $7.76 is less than El Segundo. Their additional rates are $14.16
for a 64 gallon container, and $22.39 for a 101 gallon container.
Hermosa Beach is a franchise city with a costs of $8.99 per household for trash collection and $1.31 for curbside recycling.
Hermosa Beach has recently extended its existing contract for an additional three years. Although their curbside recycling
program does not include green waste, it still reduces the amount of trash which, in turn, reduces collection cost. Their contract
does not provide an annual clean -up week, or for a recycling drop -off center, as does the El Segundo contract.
Zakaroff provides the lowest cost service when compared to any of the non - franchised cities surveyed. They have provided
excellent service to the City of El Segundo residential community during the first four (4) years of their contract. They respond
quickly and efficiently to staff inquiries and to the few complaints received. Zakaroff is equally as efficient in their operation of
the El Segundo recycling drop -off center located at the City Maintenance Facility.
Staff recommends the City Council authorize the forwarding of a letter to Zakaroff Recycling Services expressing the City's desire
to extend the current Solid Waste Collection contract for an additional three (3) years.
RAM
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0 041
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Repair and modernization of the Joslyn Center Elevator at Recreation Park (estimated cost $20,000.00).
RECOMMENDED COUNCIL ACTION:
1. Reject the single bid submitted by Amtech Elevator Services.
2. Authorize staff to solicit bids for a revised scope of work from qualified vendors.
INTRODUCTION AND BACKGROUND:
On May 6, 1997 the City Council adopted plans and specifications for the repair and modernization of the
Joslyn Center Elevator and authorized staff to solicit bids from qualified vendors. Staff requested bids from
eight (8) vendors. Only one (1) bid was received from Amtech Elevator Services for $43,499.00
($35,941.00 for elevator repair and modernization and $7,558.00 for the security system).
DISCUSSION:
After receiving the single bid, staff contacted the vendors who did not submit a bid to determine the reasons
for not bidding the project. One (1) vendor stated that he was too busy at the bid date to prepare a bid and
that he will be interested in submitting a bid if the City re -bids the project. Other vendors indicated that the
elevator security system to enable staff in the Joslyn Center Building to be able to communicate with the
elevator user and to be able to activate the elevator from the Joslyn Center was work outside their specialty
of elevator repair. These vendors stated that they did not bid the project due to the unfamiliarity of the
requested security system and reluctance to guarantee its proper function. The system required by the City
is apparently unique and the vendors had no prior experience in installing such a system. In staffs opinion
these vendors may bid the project without the security system.
Pursuant to discussions with the consultant who provided the technical specifications and prospective
vendors, staff is of the opinion that the bid received is too high and more favorable bids may be received
if the project is re -bid. Staff recommends City Council rejection of the single bid received and requests City
Council authorization to re -bid the project without the elevator security system. If favorable bids are
received and a contract is awarded, staff will work with the Contractor to further investigate the feasibility
and cost of installing a security system.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
Operating Budget:
Yes
Capital Improvement Budget:
No
Amount Requested:
$20.000.00
Project/Account Budget:
$24.000.00
Project/Account Balance:
$21.000.00
Date: 4/21/97
Account Number.
405 - 400 - 6215 -FAC 703
Project Phase:
Re -bid Project
Appropriation Required:
No
ORIGINZc1oder. D �:'
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Date:
Eduard Director of Public
Works
REVIE
Date:
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so Ci ana
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ACTIT TAKEN:
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PW- JUL15.02 (Monday 7/7/97 1:00`PM
1
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award contract to Century Paving, Inc., for the construction of handicapped access ramps, bus pads and
Maple Avenue sidewalks (contract amount $78,142.57).
RECOMMENDED COUNCIL ACTION:
1. Award contract to lowest responsible bidder, Century Paving, Inc., in the amount of $78,142.57.
2. Authorize the Mayor to sign the standard Public Works construction agreement after approval as
to form by the City Attorney.
INTRODUCTION AND BACKGROUND:
On June 3, 1997 the City Council adopted plans and specifications for the subject project and authorized
staff to advertise for bids.
DISCUSSION:
On July 1, 1997, the City Clerk received and opened the following bids:
1. Century Paving, Inc.
$78,142.57
2. Nobest, Inc.
$83,245.00
3. LGT Enterprises
$83,459.00
4. Kalban, Inc.
$84,648.04
5. C.J. Construction, Inc.
$85,143.05
6. Damon Construction Company
$87,622.55
7. Gansek Construction
$101,594.50
8. Los Angeles Engineering, Inc.
$109,643.60
9. Parker Engineering
$116,939.19
Engineers Estimate
$96,602.00
The proposed work includes installation of handicapped access ramps at various locations, concrete bus
pads at the intersections of Richmond Street/Holly Avenue and Grand Avenue /Standard
Street, and
sidewalks along Maple Avenue between Sepulveda Boulevard and Nash Street. Staff has contacted
the
references provided by the low bidder and has received favorable responses on similar projects.
Staff is recommending the award of the construction contract to the lowest responsible bidder,
Century
Paving, Inc.
114 -400- 8203 -8365 =
ATTACHED SUPPORTING DOCUMENTS: Location map of proposed improvements
FISCAL IMPACT:
Operating Budget:
No
Capital Improvement Budget:
Yes
Amount Requested:
$78.142.57
Project/Account Budget:
$104.500.00
Project/Account Balance:
$104.500.00
Date:
7/1/97
Account Numbers:
106 -400- 8203 -8562 =
$40.000.00
Gas Tax
114 -400- 8203 -8365 =
$30.000.00
Proposition "C"
114 -400- 8203 -8604 =
$ 34.500.00
Proposition "C"
Project Phase:
Award of Contract
Appropriation Required:
No
o1ZI01 TED: i Date:
duar oder
RE VI BY: Date:
o Ci aaer
0 043
ACTT TAKEN: PW- JUL15.03 (Monday 7/7/97 1:00 PM)
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0 044
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adopt plans and specifications for construction of a storm drain in the alley north of El Segundo Boulevard
between Whiting Street and Virginia Street - Project No. PW 95 -3 (estimated cost = $56,000.00).
RECOM lvDED COUNCIL ACTION.
Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids.
IN TROD ROD CTION AND BACKGROUND.
The adopted fiscal year 1995 -96 Capital Improvement Program included a project to construct a storm drain
in the alley north of El Segundo Boulevard between Virginia and Whiting Streets. During heavy rains, storm
water in Virginia Street was going over the west side curb and enter the private properties immediately north
of the alley. The purpose of this project is to improve the drainage of Virginia Street north of the alley.
DISCUSSION: _
Staff has prepared plans and specifications for the project. The proposed work includes construction of a
storm water catch basin on the west side of Virginia Street north of the alley and a storm drain pipe from
the catch basin to an existing Los Angeles County Storm Drain in Whiting Street, one block west of Virginia
Street. Staff had submitted plans and specifications to the County (approximately one year ago) for
approval of a permit to make the storm drain connection to the County system. After several changes and
re- submittals, the County has now given approval for the construction of the proposed project.
The total estimated cost of the project including staff costs for design and inspection and construction
contingencies is $56,000.00.
ATTACHED SUPPORTING DOCUMENTS.
Location map.
FISCAL IMPACT.
Operating Budget:
No
Capital Improvement Budget:
Yes
Amount Requested:
$56.000.00
Project/Account Budget:
$60.000.00
Project/Account Balance:
$58.000.00 Date: 7/2/1997
Account Number.
Adoption of Dlans and specifications
Project Phase:
No
Appropriation Required:
NAT c��^ -- Date:
I r. Director of Puhlir VVnrL -c /
Date:
0 045
PW- JUL15.01 (Monday 7/7/97 1:00 PM)
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Proposed Executive Management and Mid- Management/Confidential salary and benefit adjustments for Fiscal Year
1997 -98. Fiscal Impact: $ 141,531 annualized total compensation cost. Funds are available in the City's FY 97/98
Operating Budget for the 7% increases for Police Captain and Police Lieutenant, 6% increases for Police Chief and
Fire Chief , 4% increase for Battalion Chief, and 3% increases for all other Executive Management and Mid -
Management/Confidential job classifications, and the 2% Educational Incentive Compensation for Police Captains
and Police Lieutenants who have qualified for and possess a Master's Degree.
RECOMMENDED COUNCIL ACTION:
Adopt Resolution
INTRODUCTION AND BACKGROUND:
Executive Management and Mid- Management/Confidential job classifications are reviewed periodically by the City
Council for possible salary and /or benefit adjustments. The last adjustments received by these employees ranged
from 1.64% to 5 %, effective July 6, 1996.
DISCUSSION:
Adoption of the attached Resolution would provide for the following:
Salary range adjustment of 7% for Police Captain and Police Lieutenant job classifications.
Salary range adjustment of 6% for Police Chief and Fire Chief job classifications.
Salary range adjustment of 4% for Battalion Chief job classification.
4. Salary range adjustment of 3% for all other Executive Management and Mid - Management Confidential job
classifications.
5. Police Captains and Police Lieutenants who have qualified for and possess a Master's Degree will receive
educational incentive compensation equivalent to 2% of base salary per month.
The above salary and benefit adjustments are effective July 5, 1997.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested: $141.531
Project/Account Budget:
Project/Account Balance: Date: 7/1/97
Account Number: Various
Project Phase:
Appropriation Required - Yes_ No X
ORIGINATED: Date: July 3, 1997
Bob H I d, ' ctor of Human Reso /Risk Management
REVIE E Date:
Ja orrison, City Manager
ACT19 TAKEN:
agenda.268
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 from time
to time by the City Council for possible adjustments to salaries and /or benefits;
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 "Basis Salary Schedule" respectively, shall be modified to reflect, effective July 5,
1997, a 7% salary range adjustment for Police Captain and Police Lieutenant, a 6% salary range adjustment
for Police Chief and Fire Chief, a 4% salary range adjustment for Battalion Chief and a 3% salary range
adjustment for all other Executive Management and Mid - Management job classifications.
Section 2. Section 1A2.115.2, entitled "Educational Incentive ", and effective July 5, 1997, shall be added
to the El Segundo Administrative Code as follows:
Section 1A2.115.2 - Educational Incentive:
Police Captains and Police Lieutenants who have obtained a Master's Degree will receive
Educational Incentive Compensation equivalent to 2% of base salary per month.
Section 3. 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 15th day of July 1997.
Sandra Jacobs, Mayor of the
City of El Segundo, California
ATTEST:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Att rney
res5slryngt
FIRM
CONTRACT NO. 2233 -D
AMENDMENT to
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA
and
JAMES W. MORRISON
This Amendment (hereinafter, "Amendment ") to the Employment Agreement dated
March 24, 1993 ( "Agreement "), between the City of El Segundo, California (hereinafter, "City ")
and James W. Morrison (hereinafter, "Employee "), is entered into this 15th day of July, 1997 by
and between City and Employee.
WITNESSETH:
WHEREAS, Section 4B. of the Agreement provides for a periodic evaluation of
Employee's performance to determine whether a merit increase is warranted; and
WHEREAS, the City has evaluated the Employee's performance and determined that a
merit increase is warranted at this time.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
Section 1: Section 4A. of the Agreement is amended to read as follows: "A. The
Employee's salary shall be One Hundred Twenty -Two Thousand Six Hundred Forty -Nine
Dollars ($122,649) annually, effective July 5, 1997; and shall be subject to adjustment as set
forth in part B of this Section 4."
Section 2: All other provisions of the Agreement not in conflict with the terms of this
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the CITY OF EL SEGUNDO has caused this Amendment to
be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, on the day
and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
c:Wmemp1Am4
"CITY"
CITY OF EL SEGUNDO
By:
51911M
AMENDMENT to
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA
and
JAMES W. MORRISON
This Amendment (hereinafter, "Amendment ") to the Employment Agreement dated
March 24, 1993 ( "Agreement "), between the City of El Segundo, California (hereinafter, "City ")
and James W. Morrison (hereinafter, "Employee "), is entered into this 5th day of November,
1996 by and between City and Employee.
WITNESSETH:
WHEREAS, Section 4B. of the Agreement provides for a periodic evaluation of
Employee's performance to determine whether a merit increase is warranted; and
WHEREAS, the City has evaluated the Employee's performance and determined that a
merit increase is warranted at this time.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
Section 1: Section 4A. of the Agreement is amended to read as follows: "A. The
Employee's salary shall be One Hundred Thirteen Thousand Five Hundred Sixty -Four Dollars
($113,564) annually, effective July 6, 1996; and shall be subject to adjustment as set forth in
part B of this Section 4."
Section 2: All other provisions of the Agreement not in conflict with the terms of this
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the CITY OF EL SEGUNDO has caused this Amendment to
be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, on the day
and year first above written.
ATTE T: �''
City Clerk
"CITY"
CITY OF EL SEGUNDO
By: l -w", ,— Gr/
mes W. Morrison
APPROVED AS TO FORM.
ity Attorney
c:."
0 050
AMENDMENT to
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA
and
JAMES W. MORRISON
This Amendment (hereinafter, "Amendment') to the Employment Agreement dated
March 24, 1993 ( "Agreement "), between the City of El Segundo, California (hereinafter, "City")
and James W. Morrison (hereinafter, "Employee "), is entered into this 7th day of November
1995 by and between City and Employee.
1MTNESSETH:
WHEREAS, Section 413. of the Agreement provides for a periodic evaluation of
Employee's performance to determine whether a merit increase is warranted; and
WHEREAS, the City has evaluated the Employee's performance and determined that a
merit in crease is warranted at this time.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
Section 1: Section 4A of the Agreement is amended to read as follows: "A The
Employee's salary shall be One Hundred Ten Thousand Two Hundred Fifty Six Dollars
($110,256) annually, effective July 8, 1995; and shall be subject to adjustment as set forth in
part B of this Section 4."
Section 2: All other provisions of the Agreement not in conflict with the terms of this
Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the CITY OF EL SEGUNDO has caused this Amendment to
be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, on the
day and year first above written.
APPROVED AS TO
"CITY"
CITY OF EL
By:
n n5l
t�Nl riA�1`
228,3A
CRV nF . I INN,,
AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment (hereinafter, "Amendment ") to the Employment Agreement dated
March 24, 1993 ( "Agreement "), between the City of El Segundo, California (hereinafter,
"City ") and James W. Morrison (hereinafter, "Employee "), is entered into this 1st day of
November, 1994 by and between City and Employee.
WITNESSETH:
WHEREAS, Section 4B. of the Agreement provides for a periodic evaluation of
Employee's performance to determine whether a merit increase is warranted; and
WHEREAS, the City has evaluated the Employee's performance and determined that a
merit increase is warranted at this time.
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
Section 1: Section 4A. of the Agreement is amended to read as follows: "A. The
Employee's salary shall be One Hundred Eight Thousand Five Hundred Twenty Dollars
($108,520.00) annually; and shall be subject to adjustment as set forth in part B of this
Section 4."
Section 2: Section 5 of the Agreement is amended to read as follows:
"SECTION 5. CAR ALLOWANCE.
It is mutually agreed and understood that the City shall pay to
Employee a monthly car allowance of Five Hundred Dollars ($500.00) in lieu
of a city automobile."
Section 3: All other provisions of the Agreement not in conflict with the terms of
this Amendment shall remain in full force and effect.
IN WITNESS - WHEREOF, the CITY OF EL SEGUNDO has caused this Amendment
to be signed and executed on its behalf by its Mayor and duly attested by its City
0 052
Clerk, and Employee has signed and executed this Agreement, both in duplicate, the day and
year below written.
(SEAL)
ATTEST: //
i
Ci erk
APPROVED AS TO FORM:
By
/ City Attorney
CITY OF EL SEGUNDO,
a municipal corporation
( "CITY ") /
May?
Date A-
AMCM. MORRISON
( "Employee ")
Date .6 —'2 —me/
(IMI ►ACT.
24 .88 A
0 0 5 3 CITv or I INDr,
2233
EMPLOYMENT AGREEMENT
THIS AGREEMENT, effective the 24th day of 1,14ARCH , 1993,
by and between the CITY OF EL SEGUNDO, CALIFORNIA, a municipal
corporation, hereinafter called "CITY ", and JAMES W. MORRISON,
hereinafter called "EMPLOYEE ".
WITNESSETH:
WHEREAS, the City is a municipal corporation providing a wide
range of public services to the community; and
WHEREAS, in order for City to insure that its responsibilities
to the health and safety of the public are met at all times, City
must attract and retain in its employment management personnel who
exhibit the highest degree of knowledge, experience, technical
ability, professionalism and qualities of leadership necessary to
meet City's objectives; and
WHEREAS, the City desires to employ the services of said JAMES
W. MORRISON as City Manager of the CITY OF EL SEGUNDO; and
WHEREAS, it is the desire of the City Council to provide for
certain benefits and establish certain conditions of employment;
and
WHEREAS, it is the desire of the City Council (1) to provide
a just means for terminating the services of Employee at such time
as he may be unable to discharge fully his duties due to disability
or age or when the City Council may desire to otherwise terminate
his employment, (2) to retain the services of Employee and to
provide inducement for-him to remain in such employment, (3) to act
as a deterrent against malfeasance or dishonesty for personal gain
on the part of ER:plo•ee and against morally questionable personal
financial dealings, and (4) to establish a clear and mutually
understood system of compensating Employee.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and as authorized by the Municipal Code, the
parties hereto agree as follow:
SECTION 1. DUTIES.
City hereby agrees to employ said JAMES W. MORRISON as City
Manager of said City to perform the duties and functions as
specified in State law and in the Municipal Code of the City from
time to time and to perform such other legally permissible duties
as the City Council may from time to time assign.
SECTION 2. TERM.
The term of this Agreement shall be indefinite and may be
terminated by either party as hereinafter provided.
1
RECEIVED
APR 0 8 1993
HUMAN RESOURCES
DEPARTMENT
SECTION 3. TERMINATION AND SEVERANCE PAY.
A. The City Council may terminate the employment of Employee
at its pleasure and at any time, provided, however, that if such
employment is terminated for reasons other than willful misconduct
of office or conviction of an illegal act involving moral
turpitude, then the City shall pay to Employee a lump sum severance
payment equal to six (6) months' gross salary commensurate with
Employee's then current gross salary base, plus any accumulated and
unused executive, vacation and sick leave days existing at the time
of separation. In the event that Employee shall be terminated in
accordance with this Section, Employee shall be responsible for all
tax liabilities accruing from such severance payment. However the
City Council may not terminate the services of the employee at any
time within three (3) months after an election at which
Councilpersons are elected. Should the City Council choose to
terminate the services of the Employee within one (1) month after
the three (3) month period after an election described above, then
in that event, the City shall pay to Employee a lump sum severance
payment equal to three (3) months' gross salary commensurate with
Employee's then current gross salary base, plus any accumulated and
unused executive, vacation and sick leave days existing at the time
of separation. In the event that Employee shall be terminated in
accordance with this Section, Employee shall be responsible for all
tax liabilities accruing from'such severance payment.
B. In the event Employee resigns his position with the City,
then Employee shall give the City a minimum of thirty (30) days
notice in advance.
SECTION 4. SALARY.
A. The City Manager's salary shall initially be set at One
Hundred Six T'.icuonand 'three Hundred Ninety Two Dollars ($106,392)
annually; and shall be subject to adjustment as set forth in part
B of this Section 4.
B. City shall evaluate Employee's performance semi - annually or
as otherwise agreed upon by City and Employee. The City Council
shall annually, on the anniversary date of this agreement, review
the performance of the Employee and shall determine whether a merit
increase is warranted.
SECTION 5. CAR ALLOWANCE.
It is mutually agreed and understood that the City shall pay
to Employee a monthly car allowance of $300.00 in lieu of a City
automobile.
SECTION 6. MOVING EXPENSES.
The City shall pay Employee's moving expenses on the following
basis: Employee shall submit three (3) bids for the expenses of
2
0 055
moving Employee's personal and family possessions to E1 Segundo to
the current City Manager or after April 4, 1993, the City Attorney,
for his approval.
SECTION 7. OTHER BENEFITS.
A. The City shall pay all dues, subscriptions and membership
fees in professional organizations which Employee elects, as the
same may be budgeted by the City Council from time to time.
B. Employee shall be entitled to all other fringe benefits,
now in effect or as hereafter approved by the City Council of City,
which are provided to management employees. As of the effective
date of this Agreement, an amount 'equal to one (1) year of
accumulated vacation, sick leave and executive leave benefits will
be credited to Employee's account.
C. Employee shall be reimbursed for all sums necessarily
incurred or paid by him in the performance of his duties or
incurred when traveling on business pertaining to the City under
direction of the City Council or as the same may be budgeted by the
City Council from time to time. Reimbursement shall only be made,
however, when a verified itemized statement, setting forth the sums
expended for the business for which reimbursement is requested, has
been presented to the City Council for approval.
SECTION S. ENTIRE AGREEMENT.
This Employment Agreement shall be binding upon and inure to
the benefit of the heirs at law and executors of Employee. Each
party to this Employment Agreement acknowledges that no
representation, inducements, promises or agreements, orally or
otherwise,' have been made by any party, or anyone acting on behalf
of any party, which are not emuodi.ed. herein, and that no other
agreement, statement or promise not contained or referenced in this
Employment Agreement shall be valid or binding on either party.
This Employment Agreement supersedes any and all ordinances,
resolutions or personnel rules and regulations of the City that
have been adopted heretofore.
SECTION 9. MODIFICATIONS.
Any modification of this Employment Agreement will be
effective only if in writing and signed by the parties.
SECTION 10. EFFECT OF WAIVER.
The failure of either party to insist on strict compliance
with any of the terms, covenants or conditions of this Employment
Agreement by the other party shall not be deemed a waiver of that
term, covenant or condition, nor shall any waiver or relinquishment
of any right or power at any one time or times be deemed a waiver
or relinquishment of that right or power for all or any other
3
0 056
If any provision in the Employment Agreement is held by a
court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue
in full force without being impaired or invalidated in any way.
SECTION 11. GOVERNING LAW.
This Employment Agreement shall be governed by and construed
in accordance with the laws of the State of California, in force
and effect as of the date of execution.
SECTION 12. EMPLOYEE REPRESENTATION.
Employee represents that he has reviewed the terms and
conditions of this Employment Agreement and may have received at
his option independent counsel from an attorney and understands and
is fully knowledgeable of the benefits and liabilities of the terms
and conditions as agreed to herein.
IN WITNESS WHEREOF, the CITY OF EL SEGUNDO has caused this
Agreement to be signed and executed in its behalf by its Mayor and
duly attested by its City Clerk, and Employee has signed and
executed this Agreement, both in duplicate, the day and year below
written.
(SEAL)
ATTEST:
B
Ci y Clerk Acting
Frank V. Meehan
APPROVED AS TO FORM:
By 1 C
/)-Cit y Attorn
4
CITY OF EL SEGUNDO,
a municipal corpo do
(CITY ")
By
Mavor
---
Date ? /�Al2 `13
Date
0 057
EL SEGUNDO CITY COUNCIL MEETING DATE: July 15,199 7
AGENDA ITEM STATEMENT AGENDA HEADING. Consent
AGENDA DESCRIPTION.•
Extend the annual contract of Progressive Solutions Inc., (PSI) for the 1997/98 fiscal year. (Fiscal Impact: $63,984)
RECOMMENDED COUNCIL ACTION.•
That the City Council extend PSI's contract for FY 1997/98.
INTRODUCTIONAND BACKGROUND:
The City installed the Infocomp software in 1985, subsequently when Infocomp went out of business, the City contracted with PSI
to support the software in 1988.
DISCUSSION:
The City currently contracts with PSI to license and maintain the finance software, and to provide custom programming two days
each weak. The current finance software was written before any sort of a report writer feature was common, and thus staff relies
on the contract programmer for any specialized reports requested by City Staff.
Staff is not aware of any other firm in the greater Los Angeles area that supports this now defunct software company's product.
Staff believes that fact coupled with the City's ten year history with this vendor is adequate reason to extend PSI's contract one
year without formal bidding.
It was noted by the City Attorney that PSI has liability insurance in the amount of $500,000 whereas the City's standard
requirement is $1,000,000.
Pending the acquisition of and conversion to a new core finance system, the City's relationship with PSI will lessen and eventually
be completed.
ATTACHED SUPPORTING DOCUMENTS:
Proposed Contract Amendment
FISCAL IMPACT.•
(Check one) Operating Budget: I Capital Improv. Budget:
Amount Requested:
Account Number:
Appropriation Required - Yes No_L__
ORIGINATED BY.• Date:
EuniAKramer, Director of Finance
RE
W. Morrison, City Manager
Date:
,-7-e5p-"�7
am
SYSTEM SUPPORT AGREEMENT (AGSS)
I. INTRODUCTION
Progressive Solutions, a California corporation hereinafter referred to as "Consultant" and the City of El
Segundo, a municipal corporation hereinafter referred to as "Client ", agree that the following terms and
conditions shall apply to any Client order for System Support Services.
II. SERVICES PROVIDED BY CONSULTANT
Consultant offers both scheduled and nonscheduled System Support Services. Consultant shall assign to Client
a site manager and one or more service representatives. The site manager shall be responsible for answering
questions regarding: billing, scheduling, support services and special projects. For Clients without a scheduled
Consultant provided on -site manager, Consultant's service representatives shall coordinate on -site assignments
directly with Client during scheduled support. Client and Consultant mutually agree that all scheduling changes
must be approved by the site manager.
Upon direction from Client, Consultant will:
a. Assist in managing computer operations.
b. Design custom programs /systems.
C. Develop custom programs /systems.
d. Document existing and future programs /systems.
e. Maintain /modify existing and future programs /systems.
Consultant, upon acceptance of an order from Client for Special Projects, will:
a. Perform emergency support via telephone or on -site visit at Consultant's option.
b. Assist in development and implementation of computing master plans.
C. Draft specifications for desired systems and assist with hardware /software selection and/or
implementation.
d. Perform needs assessments to identify areas for cost effective computer automation.
e. Provide formal software training sessions.
f. Provide other specialized consultation.
In order for the site manager to create cost and time estimates for Special Projects, detailed requirements must
be provided. Client may request creation of these requirements by Consultant during scheduled support.
All cost and time estimates for special projects must be prepared by the site manager and approved in writing
by Client prior to commencement of each special project. All special projects are performed as additional
support services.
III. RESPONSIBILITIES OF CLIENT
Client during the term hereof, shall designate an employee of the Client who shall identify projects, formulate
priorities, provide direction for the Consultant's service representatives, serve as liaison between departments,
coordinate project implementations, and monitor Consultant's performance.
Client will provide Consultant with adequate working space and facilities in an environment which conforms
to local laws and regulations. Client shall reimburse Consultant for any local licenses and /or permits required
to provide service under this Agreement.
Client is responsible for maintaining a backup procedure external to Consultant supplied procedures /products
for reconstruction of lost or altered files, data, or programs to the extent deemed necessary by Client, and for
actually reconstructing any such materials.
A representative of Client shall be present at the work location at all times while Services are being performed
by Consultant. Consultant's personnel will not enter or remain at Client's facility in the absence of Client's
personnel.
If Client desires Consultant to treat as confidential financial, statistical, personnel, or technical data relating to
Client's business, then Client must submit such data to Consultant in writing marked as confidential. Consultant
will then instruct its personnel to protect the confidential nature of such information for one year by using the
same degree of care as Consultant uses with similar data which Consultant designates as confidential. However,
Consultant shall not be required to treat as confidential any data which is, or becomes, publicly available; is
already in Consultant's possession; is independently developed by Consultant outside the scope of this
Agreement; or is rightfully obtained from third parties.
Client at Consultant's request, shall submit such test data and materials as may be specified and requested by
Consultant in order to enable Consultant to test all aspects of any applications, improvements, or systems to be
developed hereunder for the Client prior to the utilization of such improvements or new systems.
Client shall provide from its own personnel the staff required for the departmental operation of the input and
output devices associated with the computer system. The Client shall cause such individuals to be designated
and shall permit such personnel adequate time to be trained by the personnel of the Consultant.
Client shall notify Consultant promptly when it believes that application programs developed or maintained by
Consultant are malfunctioning.
IV. CHARGES
The basic monthly service charge described in Order Number 1, which is incorporated by reference herein, shall
entitle Client to on -site support services during regularly scheduled times. Out -of- pocket expenses such as travel
and telephone associated with servicing the Client will be billed separately, and will not exceed the requested
and approved amount set by the Client.
If Client requests service during normal business hours and outside of the regularly scheduled times, service will
be billed at one and one half times the base hourly rate in effect at the time of service. If Client requests service
outside of normal business hours, service will be billed at two times the base hourly rate in effect at the time of
service. All client service requests are subject to such minimum response charges as may then be in effect.
1 i•1
Additional support services may be requested by Client during the terms of this Agreement, and may be
submitted on separate supplements to this Agreement.
Charges for additional support services will be invoiced to Client at the hourly rate in effect at the time of service
and shall be payable fifteen (15) working days from receipt of invoice. Consultant will submit invoices which
reflect the date of service, staff -hours expended and a description of the services rendered.
Any payments not received by Consultant within the contractually specified period shall be subject to a finance
charge of .05% per day from the invoice date up to and including the date payment is received.
V. RATE CHANGES
Annually and prior to the month of May, the hourly /monthly fee, shall be reviewed by the parties and upon the
agreement of both, the hourly /monthly fee shall be adjusted to reflect current economic indicators. This
adjustment will go into effect July 1 of each fiscal year.
Vi. OWNERSHIP
Consultant shall maintain all rights of ownership and title to any source code, object code, reference material,
or any part thereof developed by Consultant. The non- exclusive and nontransferable right to use software
developed under this Agreement and confidential information or capabilities of software developed under this
Agreement shall rest with Client in perpetuity at no additional cost. Client agrees that the software developed
by Consultant and all copies and versions thereof made by the Client shall be and shall remain the sole property
of Consultant. Client agrees to include Consultant's proprietary notice on all copies, in whole or in part, and in
any form made by the Client except copies made for back -up purposes. Client further agrees to provide
Consultant, with free access to and use of all resources required to create a copy of software developed by
Consultant under this Agreement and to verify functionality of the copy.
Because of the confidential nature of proprietary software and any accompanying documentation supplied under
this Agreement, it is agreed that except as may be required by law, Client shall not sell, give, or lease software
developed under this Agreement or any of the confidential information or capabilities of software developed
under this Agreement to any other firm or person or group without the express written approval of Consultant,
and Client shall further use it's best efforts to maintain the security thereof. Consultant's consent to allow a third
party to maintain software developed by Consultant under this Agreement shall not be unreasonably withheld.
VII. ACCESS
Client shall provide Consultant with free access to and use of all information and facilities determined necessary
by Consultant to provide System Support. In addition, Client shall maintain its dial -in modems and telephone
lines for outside access by Consultant to Client's computers.
VIII. LIMITATION OF LIABILITY
Because of the many and uncertain factors which may affect the result of Consultant's performance, Consultant
does not make any guarantee or representation as to the results of scheduled or emergency performance. Any
provision which describes, quantifies, forecasts, or projects, to any extent, the results of Consultant's
performance hereunder is an estimate only and is not an agreed -upon level of performance for which Consultant
shall be responsible in the event it is not achieved. Consultant will make every reasonable effort to meet any
performance dates quoted. However, Consultant will not be liable for its failure to meet quoted dates or for any
delay in performance of scheduled or emergency support services.
0 061
Consultant shall not be responsible or liable for any loss, damage, detention, or delay caused by war, invasion,
insurrection, riot, the order of any civil or military authority, fire, flood, earthquake, weather, lockouts, strikes,
other labor disputes, the failure of Consultant's suppliers to meet their contractual obligations or, without
limitation, any other cause beyond Consultant's reasonable control which shall include resource availability.
Consultant shall not be held responsible for losses resulting from errors in systems or programs or for errors in
work which shall result from erroneous source materials submitted by the Client, when such efforts would not
have been detected or reasonably could not have been detected by testing and verification of such materials to
the extent determined reasonable and prudent according to standards prevailing in the data processing industry.
Consultant shall be responsible for the correction of errors at its expense solely when such errors are the result
of work performed as a special project. Consultant shall in no event have obligation or liabilities for incidental
or consequential damages in connection with any services provided for under this Agreement. With the
exception of any claim involving software ownership, in no event shall either party's liability to the other, if any,
for any reason, exceed the amounts provided by the public liability insurance coverage specified in Section X.
IX. INDEMNIFICATION
Client acknowledges that the use of the computer, operating systems, and application programs shall be under
the Client's exclusive management and control and the Client shall be responsible for assuring their proper use.
Consultant shall not be liable for personal injury or physical property damage except if caused by Consultant's
negligence. Client shall indemnify, defend and hold Consultant harmless from any third party claim for loss,
costs or damages arising out of the Client's use or possession of, or performance with, the computer, operating
systems or application program, except for claims, losses, costs, or damages resulting from the wrongful acts or
ommissions of the Consultant.
Consultant represents that it has sole proprietary interest, or has otherwise paid any and all applicable licenses
or other fees and costs as to any and all software which Consultant may provide to Client in the performance of
this Agreement. In the event of any alleged infringement on any proprietary interest arising out of Client's use
of software and related materials provided by Consultant in performance of this Agreement 1) Consultant shall
indemnify, defend and hold Client harmless from any third party claim for loss, costs or damages and 2)
Consultant shall replace such software and related materials without additional charge, with a compatible,
functionally equivalent and noninfringing product, modify the software and related materials to avoid the
infringement, or obtain at Consultant's expense, any necessary license in order for Client to continue use of such
provided software and related materials.
X. GENERAL PROVISIONS
Consultant shall perform services under this Agreement as an independent contractor; neither Consultant nor its
officers, agents or employees shall be considered employees of the Client. Rights and obligations of Consultant
with Client shall arise only from this Agreement. Consultant shall retain all responsibility and authority over
its officers, agents and employees, relating to fulfilling its obligations under this Agreement.
Consultant, prior to the initiation of services under this Agreement, shall procure and maintain:
a. Workers Compensation Insurance coverage for its employees as prescribed by the State of California.
b. Comprehensive Automobile Bodily Injury and Property Damage Liability Insurance, with limits not
less than $100,000 each person, $300,000 each occurrence and $20,000 property damage.
C. Public Liability Insurance with limits not less than $500,000
0 062
Consultant agrees to furnish Client with certificates of insurance evidencing the required coverages upon request.
Client hereby acknowledges and agrees that the value of the Services provided and Client's ultimate system
performance is a function of the accuracy and completeness of the information and data that Client gives to
Consultant.
During the tern of the relationship between Client and Consultant ( "Services Period "), and for a consecutive one
(1) year period following termination of Services for any reason, whether voluntary or involuntary (the "Post
Services Period "), Client shall not directly or indirectly, or by action in concert with others, induce or influence,
or seek to induce or influence, any employee, agent, independent consultant, or other business affiliate of
Consultant ( "Consultant Associate ") to terminate his /her relationship with Consultant.
Client acknowledges that should he violate any of the covenants contained in this Agreement, it will be difficult
to determine the resulting damages to Consultant and, in addition to any other remedies Consultant may have,
Consultant shall be entitled to temporary and permanent injunctive relief without the necessity of proving actual
damages, or posting bond.
To compensate Consultant for his investment of time training said Consultant Associate (as that term is defined
above) and to Compensate Consultant for having to retrain a new Consultant Associate, Client agrees that for
every Consultant Associate who Client retains as a consultant during the Services and Post Service Periods,
Client shall pay Consultant 50% of all gross moneys spent for services with said Consultant Associate during
the first year following termination of the relationship. For each Consultant Associate that Client retains as an
employee, Client agrees to pay Consultant a fee equal to 50% of the solicited Consultant Associates' first year
salary.
Waiver of strict performance of any provision of this Agreement shall not be deemed a waiver nor shall it
prejudice the waiving party's right to require strict performance of the same provision or any other provision in
the future unless such waiver has rendered future performance commercially impossible.
Neither party shall have any authority, and neither party shall represent that it has any authority, express or
implied, on behalf of the other party, except as provided in this Agreement.
Neither party may assign or transfer this Agreement, or any Supplement, without the other party's prior written
consent. Consultant may not delegate performance of its obligations to a Consultant designated service agent
without the Client's prior written consent. Consent of either party shall not be unreasonably withheld.
All notices, including notice of termination provided for hereunder, shall be delivered to that party in writing
at the respective party's address indicated on the following page. Notice shall be sufficient if sent by first class
mail; such notice shall be deemed to have been received by addressee forty eight (48) hours after deposit thereof
in the United States mail.
XI. TERMINATION
The term of this Agreement shall be until June 30, 1998. Thereafter, the term of this Agreement shall be
automatically extended for 1 additional year.
This Agreement may be terminated by either party because of a breach by the other of any material provision
contained herein.
In the event of the termination of this Agreement or any extension or renewal thereof, in accordance with the
provisions of this section, and if Client so elects during the period after notice has been given and preceding the
0 063
termination of this Agreement or any extension or renewals thereof, Consultant agrees to provide training for
Client's employees. Client shall be charged for such additional training services in accordance with the
provisions of Section IV.
After the termination of System Support Services, Consultant is under no obligation to retain staff, listings, or
documentation, nor is Consultant obligated to provide support in any other way. With the exception of
documentation provided by Consultant to Client under this Agreement, Client agrees to return any and all
materials proprietary to Consultant which do not impact the operation of software developed by Consultant under
this Agreement.
XIII. EXECUTION
This Agreement and any Supplements executed pursuant hereto constitute the entire agreement between the
parties and supersede all negotiations and other proposals, oral or written, and all previous and current
negotiations and other communications between the parties for System Support. This Agreement shall be
construed in accordance with and governed by the laws of the State of California. This Agreement may be
signed in several counterparts, each of which shall be deemed an original.
Any change or revision to the terms and conditions hereof shall be made by written amendment and shall be
executed by persons authorized to do so by the respective parties. No changes in specifications, requested or
suggested by either party, shall be made except by written agreement of both parties.
In the event that any one or more of the provisions contained in this Agreement should be found to be invalid,
illegal, or unenforceable in any aspect, the validity, legality, and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired thereby.
PROGRESSIVE SOLUTIONS, INC.
P.O. BOX 783
BREA, CA 92822 -0783
Accepted
By:
Authorized Representative
Date
Attest By:
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO CA 90245
Accepted
By:
Authorized Representative
Date
EL SEGUNDO CITY COUNCIL MEETING DATE. July 15, 1997
AGENDA ITEM STATEMENT AGENDA HEADING. New Business City Manager
AGENDA DESCRIPTION.'
Request, by Anthony Welded Products, Inc., (Anthony) for the City Council to hear their appeal of the Finance Director's denial
of their request for relief from an excessively high water bill. (Fiscal Impact: $366.84 of lost revenue to the Water Fund)
RECOMMENDED COUNCIL ACTION:
Uphold the Finance Director's decision to deny a reduction in Anthony Welded Products' water utility bill.
INTRODUCTIONAND BACKGROUND:
In 1989, Anthony ceased operations in their manufacturing facility located at 212 Oregon Street. With the exception of one
month, March 1995, Anthony has had virtually no water usage over the past four years. In April and June of 1996, Anthony has
water bills of $549.46 and $196.72 respectively.
In December 1996, the City received a letter from Mrs. Susan Salvucci, attorney for Anthony Welded Products Inc., requesting
relief from the excessively high water bills. The letter requested relief on the basis that the water was not used by Anthony but
was stolen by an unknown party.
DISCUSSION.•
The Finance Director responded to Mrs. Salvucci's letter in writing with a denial of Anthony's request because granting such a
request is outside the Finance Director's authority. Section 14.04.170 of the El Segundo Municipal Code authorizes the Director
of Finance to give up to a 50% reduction of sewer and water charges, not to exceed $500 when all three of the following criteria
are met:
(I) a leakage on the customer's property caused a high consumption of water for the property;
(II) the customer did not have any knowledge or reason to know of the leakage prior to receiving Water /Sewer
service bill indicating an unusually high bill.
(III) prompt repairs of the leak were performed upon the customer becoming aware of the leakage.
This credit provision is unusual among municipal water systems. Given the high cost of purchased water, a 50% credit results in
a charge which is less than the amount paid to West Basin by the City. Other cities generally authorize a credit equal to the unit
cost attributable to the City's maintenance of the distribution system, and only where the circumstances are extraordinary, rather
than repairs that could be anticipated. Under El Segundo's current rate structure, that would be a 17% water credit rather than a
50% credit.
Additionally, Anthony's high water bill was not caused by leakage, thus the Finance Director cannot reduce their bill without
further direction from the City Council.
Additional facts that the City Council may wish to consider are the following: Anthony employs a caretaker to assist in monitoring
the vacant property. On May 22, 1997, Anthony's Treasurer wrote the City requesting to appeal the Finance Director's denial.
The letter from the Treasurer mentioned that the property's water valve is enclosed by a locked chain linked fence and barbed
wire. Staff is not aware that there were any signs of a break in to this locked area.
Continued..
0 065
ATTACHED SUPPORTING DOCUMENTS:
Letter from Susan Salvucci dated December 20, 1996
Response from Director of Finance
Letter from E. Thomas, Anthony's Treasurer dated May 20, 1997
FISCAL IMPACT:
(Check one) Operating Budget: _' Capital Improv. Budget:
Amount Requested:
Account Number:
Appropriation Required - Yes No -3L
ORIGINATED BY.• Date:
Kramer, Director of Finance
BY. Date:
Morrison, City Manager �✓
TAKEN.
1 1..,
[212BLDGA]212 GREG" ST. BUILDING, EL SEGUNDO
SUSAN D. SALVUCCI
Attorney at Law
Active: CA; Voluntarily Inactive: TX, DC
NOT HOARD CERTIFIED IN TWMS
P.O. Box 1462
1447 S. Lexington
Delano, CA 93216
(805) 721 -7211
December 20, 1996
Ms. Eunice Kramer
Director of Finance
CITY OF EL SEGUNDO
350 Main Street
E1 Segundo, CA 90245
(805) 665 -1551
' /SDS /DEL /12 -96
CASBN 115824
DCBN 433350
TXSBN 785346
fax:(805) 725 -0811
BY FAX TRANSMITTAL TO: (310)322 -7137
RE: 212 OREGON STREET, EL SEGUNDO, CA
ANTHONY & SON (SIC)
ANTHONY WELDED PRODUCTS, INC.
ACCOUNT NO. 20012940;
Dear Ms. Kramer:
I represent ANTHONY WELDED PRODUCTS, INC. regarding the utility
bill pertaining to the above - referenced building. As you may
know, ANTHONY ceased production manufacturing at that location in
approximately 1989. The building has been used only for storage
since that date. Utilities were not disconnected until 9 -23 -96
so that water and electric would be available during the
caretaker's visits.
Upon receiving a bill for the period 6/12/96 to 8/9/96 and
noticing a rather voluminous use of water at the building, Frank
Salvucci Sr. contacted the caretaker. The caretaker, George
Pope, called for an inspection and two City inspectors met with
him at the site. One inspector turned on an exterior hose bib,
and noticed that the water which came from the spout was "crystal
clear" rather than rusty as should be the case where no one has
used that faucet since 1989. The inspector stated that he
suspected theft of water.
The invoice I have been given (copy transmitted herewith), shows
usage of 102 for "this year" as compared to "N /A" useage for the
previous year. This is evidence of theft of water.
0 067
[212bldga]
December 20, 1996
Page Two
Please consider this a request for relief from this incredibly
high water bill when the building has not been used since 1989.
I look forward to hearing from you in this regard.
IVery truly yours,
�
SUSAN D. SALVtCCI, ESQ.
ATTORNEY FOR ANTHONY WELDED PRODUCTS, INC.
ENC.
1 1.:
Susan D. Saluucci, Attorney
P.O. Box 1462
1447 S. Lexington
Delano, CA 93216
Dear Ms. Saluucci:
Eunice Kramer, Director of Finance
May 13, 1997
After a careful review of your request for an additional credit allowance on the billing of water
service from 9/23/96 to 11/22/96 I find that your request for an additional credit does not elect
the criteria for approval.
Section 14.04.170 of the City of El Segundo Municipal Code provides that the Finance Director
may grant a credit allowance when evidence is submitted that establishes:
(I) a leakage on the customer's property caused a high consumption of water for the
property;
(ii) the customer did not have any knowledge or reason to know of the leakage prior
to receiving Water /Sewer Service Bill indicating an unusually high water
consumption, and
(iii) prompt repairs of the leak were performed upon the customer becoming aware of'
the leakage.
I have reviewed the findings of City staff which indicate that they found clear water running
from an accessible exterior hose bib indicating recent use. There was no evidence of theft, or
that precautions had been taken to restrict or safeguard access to the water. As your letter
indicates, a caretaker has access and responsibility for the property.
Based upon the above information, the request for a billing adjustment is denied.
350 Main Street, El Segundo, California 90245
Phone (310) 607 -2240 FAX (310) 322 -7137
Aim
Susan D. Saluucci, Attorney
May 13, 1997
Page 2
While the ordinance which grants me this administrative authority states that my decision is
final, it is your prerogative to request that the City Council reconsider the City's ordinance of my
decision.
Sincerely,
Eunice Kramer
Finance Director
EK
cc: City Council
James Morrison, City Manager
Ed Schroder, Public Works Director
Dianna Carson, Computer Operator
0 070
CORPORATE OFFICE
1447 S. Lexington
P.O. Box 1462
Delano, CA 93216 -1462
(805) 721 -7211
FAX (805) 725 -0811
May 22, 1997
City of El Segundo
350 Main St.
El Segundo, Ca. 90245
Attn: Eunice Kramer
Finance Director
RE: 212 Oregon St.
Dear Ms. Kramer,
WELDED PRODUCTS, INC.
FOUR MANUFACTURING LOCATIONS
SOUTHWEST DIVISION
13708 Garden Road
Pearland, TX 77581
(713) 997 2997
FAX (713) 997 -1983
SOUTHEAST DIVISION
531 Dowzer Avenue
P.O. Box 490
Pell City, AL 35125
(205) 338 -3347
FAX (205) 338 -3349
EASTERN DIVISION
P.O. Box 5319
New Castle, PA 16105
(412) 658-W13
FAX (4 12) 658 9718
I am in receipt of your letter dated May 13, 1997 which denies our request for a billing adjustment on our
water bill . You state that a credit may be granted when evidence is submitted that establishes :
(I) a leakage on the customer's property caused a high consumption of water for the property,
(ii) the customer did not have any knowledge or reason to know of the leakage prior to receiving
Water /Sewer Service Bill indicating an unusually high water consumption , and
(iii) prompt repairs of the leak were performed upon the customer become aware of the leakage
We are not contending that there was a leak of any sort since we immediately checked that option
You then continue to state that because clear water ran from the outside hose there was no evidence of
theft and that we did not take precautions to safeguard the water access. However, the water valve is
enclosed b_v a locked chain linked fence with barbed wire with no public access. In the letter to you dated
December 20, 1996, our attorney advised you that we had moved our manufacturing operations from that
building in 1989, and have only used the building for storage since then. Therefore, nobody had been in
the building for any length of time over the years and our water bills have reflected little to no usage,
except for one month in 1994 where we found a toilet had been running after use. Subsequent to that
incident, all inside toilet valves were turned off to avoid leakage. This is in fact evidence that water had
been stolen from our property through an outside hose sometime between June and August. We obviously
were unaware of this problem until we received the horrendous water bill with excessive usage. At the
time of receiving the bill we immediately called, George Pope to check the property for leakage or
running water. Mr. Pope is a friend/caretaker nearby who was given a key and authorized access so that
he could meet with the fire department when they requested to conduct inspections. Mr. Pope also
MANUFACTURING EXCELLENCE SINCE 1958 0 071
F.Z0
requested to meet an inspector from the water company to investigate, and wl►en he met with the inspector
he deduced the hose bib had been used. The inspector turned the water off to prevent any future theft or
unauthorized use of water from our property. If you review our water usage and bills from 1989 to 1996.
you will find very minimal if any water usage. This is in fact evidence that the water had been stolen or
the meter tampered with, since nobody has entered that property except for a family friend only to meet
with the fire department for inspections, and check on the building periodically.
We believe it to be unfair that we would be singled out to be responsible for these charges when others
have experienced water theft and then forgiven the water bill as a result.
I would, at this time, request that the City Council reconsider your decision . I am also prepared to submit
an affidavit from George Pope, stating his findings, meetings with your inspectors and his periodic visits
to the property at the time of this excessive water usage in evidence of the water theft .
Sincerely,
d ie Thomas
Treasurer
ANTHONY WELDED PRODUCTS, INC.
0 072
To:
From:
Subject:
MEMORANDUM
Date: July 16,1997
All Deponent Heads
James W • Morrison, City Manager
Council Meetin of Jul 15 1997
Action Re ort Ci
CTIONfDUE DATE
COUNCIL DIRE
DEPARTMENT /AGENDA ITEM
Administration
A Status of current l Segundo Senior
applicants to the oration Board.
Citizen Housing Corp ies on the,
B Notice of vCvement Program
Capital Improve (1 vacancy -term
Advisory Comm
expires 11/30/97); Cable
El Segundo Community
Committee (2 vacancies-
terms expire 10/31/97); Committee (1
Investment Avis i e and
vacancy -term exp
the 1 vacancy -
planning Commission
...,P.ired term to 6/30/98).
Julia to (1) notify those with expired terms of
office of extension on CCBs fo appl °antssto
filled; (2) continue recruitment
the El Segundo Senior d 13) c Housing
recruitment
Corporation Board; an ( Capital
for upcoming vacancies on the C Committee, the
Improvement Program Advisory
Segundo Community Cable Advisory mmittee,
El Seg
Committee, the Investment Advisory September 89
and the Planning Commission until
1997 with interviews to be scheduled oo p meeting
on September 109 1997 starting
Fourth Amendment to Employment
Agreement Between the City of El Seg undo,
Morrison (Contract
California and James W. act: $9,085.00.
No. 2233 -D). Fiscal Imp
Cit ' C=
City Council meeting minutes of July 1 and
2, 1997.
None.
Mayor to execute the Amendment on behalf of the
City.
City Clerk to process and file minutes.
DEPARTMENT /AGENDA ITEM
None.
COUNCIL DIRECTION/DUE DATE
Warrant Numbers 239722 - 240040 on Distribute warrants.
Demand Register Summary Number 44 in
total amount of $6,035,767.85, and Wire
Transfers in the amount of $254,605.94.
Extend the annual contract of Progressive
Solutions Inc. (PSI) for the 1997/98 fiscal
year. (Fiscal Impact $63,984).
Request, by Anthony Welded Products, Inc.
(Anthony), for the City Council to hear their
appeal of.the Finance Director's denial of
their request for relief from an excessively
high water bill. (Fiscal Impact: $366.84 of
lost revenue to the Water Fund).
Fire Department
None.
City Attorney to revise contract under Section XI
Termination. The second sentence to be revised to
read: "Thereafter, the term of this Agreement may
be extended at the option of the City for a term of
up to one year." Language also to be added to
provide cancellation of the contract with 90 days
notice. If changes are agreeable to PSI, then Staff
to process contract through City Clerk's office and
proceed with its extension. Otherwise, contract to
be brought back to Council.
Staff to notify Anthony Welded Products of
Council's decision to uphold the Finance
Director's decision to deny a reduction in its water
utility bill.
2
0
DEPARTMENT /AGENDA ITEM
Human Resources/Risk Mana ement
Proposed Executive Management and Mid -
Management/Confidential salary and benefit
adjustments for Fiscal Year 1997 -98. Fiscal
Impact: $141,531 annualized total
compensation costs. Funds are available in
the City's FY 97/98 Operating Budget for the
7% increases for Police Captain and Police
Lieutenant, 6% increases for Police Chief and
Fire Chief, 4% increases for Battalion Chief,
and 3% increases for all other Executive
Management and Mid -
Management /Confidential job classifications,
and the 2% Educational Incentive
Compensation for Police Captains and Police
Lieutenants who have qualified for and
possess a Master's Decree.
Public Hearing and consideration of a
Resolution amending an adopted schedule of
fees to partially cover, but not to exceed, the
cost of providing various library services.
Fiscal impact: Estimated increase in revenue
Of $18,000 - $30,000.
Public hearing and Appeal of the Planning
Commission's decision to Deny (as a result
of a tie -vote) a Conditional Use Permit (CUP)
to allow an existing freight forwarding
business (currently operating without City
approval) to continue its operation within an
existing 7,820 (gross) square feet building
(7,701 net square feet) , at 129 Sierra Street
(between El Segundo Boulevard and Franklin
Avenue) in the Small Business (SB) Zone.
Freight forwarding uses require approval of a
Conditional Use Permit in the Small Business
(SB) Zone (EA -393 and CUP 96 -6).
Applicant and Appellant: Mas Takahashi
(TAS Air Cargo (USA) Inc.). Property
Owners: Carl E. Knutson, Harry Anderson.
COUNCIL DIRECTION UE DATE
Staff to process Resolution through City Clerk's
office and proceed with its implementation.
Continue Public Hearing to August 19, 1997
meeting. With regard to use of the Matsui Room,
Library staff to review and suggest ways to
accommodate City needs and certain non - profit
organizations. Cable staff to investigate
requirements of doing live cable broadcasts in
Matsui Room.
Planning Commission to make a recommendation
on August 14 on the package as submitted to
Council. Public Hearing continued until
September 2,1997 Council meeting.
3
DEPARTMENT /AGENDA ITEM
COUNCIL DIRECTION/DUE DATE
Police Department
None.
Public Works Department
Consideration of extension to Residential and
Staff to send a letter to Zakaroff Recycling
Municipal Solid Waste Collection contract
Services expressing the City's desire to extend the
with Zakaroff Recycling Services, Inc.,
current Solid Waste Collection contract for an
maintaining current rates. Annual fiscal
additional three (3) years.
impact: $504,200.00.
Repair and modernization of the Joslyn
Staff to (1) notify bidder, Amtech Elevator
Center Elevator at Recreation Park (estimated
Services, of the rejection of its current bid and
cost $20,000.00).
(2) solicit bids for a revised scope of work from
qualified vendors.
Award contract to Century Paving, Inc. for
Staff to award contract to lowest responsible
the construction of handicapped access
bidder, Century Paving, Inc. in the amount of
ramps, bus pads and Maple Avenue
$78,142.57.The Mayor authorized to sign the
sidewalks (contract amount $78,142.57).
standard Public Works construction agreement
after approval as to form by the City Attorney.
Adopt plans and specifications for
Staff to advertise the project for receipt of
construction of a storm drain in the alley
construction bids.
north of El Segundo Boulevard between
Whiting Street and Virginia Street - Project
No. PW 95 -3 (estimated cost = $56,000.00).
Recreation & Parks Department
None.
Distribution: Honorable Mayor and Members of the City Council
Cindy Mortesen, City Clerk
Susan Schofield, City Treasurer
Mark Hensley, City Attorney
All Department Heads
07- 16- 97.ipt
El
CITY OF EL SEGUNDO
INTER - DEPARTMENTAL CORRESPONDENCE
DATE: July 2, 1997
TO: Honorable Mayor and Members of the City Council
3
THROUGH: Bret B. Bernard, AICP, Director of Planning and Building Safetyb
FROM: Hannah L. Brondial Bowen, Project Planner
SUBJECT: Environmental Assessment EA 393 and Conditional Use Permit 96
f, TAS Air Cargo (USA) Inc. -129 Sierra Street
On January 30, 1997, the Planning Commission Denied (due to lack -of- action; that is, a tie vote)
Environmental Assessment EA -393 and Conditional Use Permit (CUP) No. 96 -6 to allow an existing
freight forwarding business (currently operating without City approval) to continue its operation.
The original project also included an application for a Variance (which is not part of this appeal
since it was withdrawn by the applicant on April 28, 1997), to allow a reduction in the required
number of parking spaces by three (3) spaces. Mr. Mas Takahashi (project representative for TAS
Air Cargo (USA) Inc.) submitted an appeal letter and appeal fee on February 6, 1997. Therefore,
the City Council has been scheduled to hear this Appeal at a public hearing on July 15, 1997. To
better prepare the Council for the upcoming public hearing, attached is some background
information for it.
Attached you will find the following:
♦ Staff Report and exhibits dated January 30, 1997. Exhibits include the following:
♦ Project Applications
♦ Project Plans
♦ Interdepartmental Correspondence
♦ Planning Commission Approved Resolution No. 2388, Denying Environmental
Assessment EA -393, Conditional Use Permit 96 -6, and Variance 96 -5.
♦ Planning Commission Minutes, dated January 30, 1997.
Please retain these for your use at the City Council Meeting of July 15, 1997. A Council Staff
Report will be distributed with the next City Council Agenda Packet.
xc: James W. Morrison, City Manager
Cindy Mortesen, City Clerk
Mark Hensley, City Attorney
projects\ea- 393\appeal\ea- 393cc -mem
CITY OF EL SEGUNDO
INTERDEPARTMENTAL CORRESPONDENCE
Meeting Date: Thursday, January 30, 1997
TO: Honorable Chairman and Planning Commissioners
FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety}
STAFF
PLANNER: Naima Greffon, Planning Technician N Cr
SUBJECT: Environmental Assessment EA -393. Conditional Use Permit 96 -6 and
Variance 96 -5
Address: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
0
The City has received an application for an after - the -fact Conditional Use Permit, to allow
an existing freight forwarding business to operate at the above - referenced address, in the
Small Business (SB) Zone. The business relocated to this site prior to receiving approval
of a Business License and required Conditional Use Permit. The application also includes
a Variance request, necessary to keep an unpermitted drive -in dock door which eliminates
three (3) required parking spaces. The applicant proposes to provide a total of thirteen
(13) parking spaces instead of the required sixteen (16).
Planning Staff recommends that the Planning Commission review the facts and required
findings related to Environmental Assessment EA -393, Conditional Use Permit 96 -6, and
Variance 96 -5 as contained within this Report, and direct Staff to prepare Resolutions that:
1) Approve the Conditional Use Permit; and, 2) Deny the Variance request.
The project site is located on the west side of Sierra Street between El Segundo Boulevard
and Franklin Avenue in the Small Business (SB) Zone. The site consists of a 7,840 square
foot two -story building on an 80 foot wide by 140 foot deep lot. There are currently 14
parking spaces on the site (4 spaces in the front and 10 in the back), two dock -high loading
spaces and one drive -in loading space. The applicant proposes to re- stripe the front
parking lot and increase the total number of parking spaces to 16 spaces, which is the
number of parking spaces required for the proposed use by the Municipal Code Section
20.54.030. However, because of the use of the unpermitted drive -in dock door, for which
a Variance has been requested, three (3) parking spaces will be eliminated— leaving only
13 spaces usable for parking (below the minimum required). The lot is relatively flat and
is accessed from the alley and from Sierra Street.
The proposed project consists of an existing 7,840 square foot building used for an
international freight forwarding company operating in an existing warehouse. Five (5)
employees and three (3) to four (4) visitors per day are anticipated at the site. The
proposed use will include 4,200 square feet of warehousing and 3,640 square feet of
related office space. The building, which is currently occupied by the proposed freight
forwarder business, was (based on City's Business License records) formally used (for 5
years) by "Ameritel" for wholesale distribution and retail sales of telecommunications
equipment; and, prior to that by Concordia for a
forwarding. Concordia did not have a Year (also) for international freight
allowed as a permitted use and reviewed and a a year
Use Permit; the use was
review process. Ameritel employed 12 people and Concordia 11 people. The proposed
approved through the Business License
business would generate between three (3) to five (5) 20 -24 foot truck trips a day, and one
(1) 40 foot truck trip once a month. Thirty (30) to thirty-eight
day are expected to be generated by the proposed use.
(38) vehicular trip ends per
The surrounding area is zoned Small Business (SB); and, is developed to the north with
a commercial bakery, to the south with a freight forwarder, to the east across Sierra Street
with manufacturing, and to the west across the alley with a commercial laundry. The
on the whole is mainly dominated by manufacturing and light industrial businesses,
including other freight forwarders. The immediate
as follows: surrounding land uses and zones are
=
North:
>�t
Manufacturing
South: Freight Forwarder
East:
SB
Manufacturing
West:
SB
Manufacturing
SB
SB
ENVIRONMENTAL gEVIEW
The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
The project site is zoned Small Business (SB) and is located in the Smoky Hollow area of
the City. The proposed use is not a permitted use in the Small Business Zone, and is
allowed only subject to approval of a Conditional Use Permit (Section 20.42.040 of the
Zoning Code) by the City. The Conditional Use Permit and Variance should be reviewed
and considered concurrently; however, separate actions may be taken on each application.
Section 20.74.050 of the Zoning Code states that the purpose of a Conditional Use Permit
shall be:
A. To assure the compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
B• To assure the proposed use is consistent and compatible with the purpose
of the zone in which the site is located; and,
C. To recognize and compensate for potential impacts that could be
generated by the proposed use, such as noise, smoke, dust, fumes,
vibration, odors, traffic and hazards.
In accordance with Section 20.74.060 of the Zoning Code, the Planning Commission may
grant a Conditional Use Permit if it determines that AU the following findings can be met
(the findings appear in bold, with Staffs analysis following): y
A. That the proposed location of the conditional use is in accord with the
objectives of this title and the purposes of the zone in which the site is
located;
The neighborhood surrounding the project site and along Sierra Street is
predominantly developed with small industrial and manufacturing buildings with
related offices, including a few small freight forwarders. The proposed use is
consistent with the intent and purpose of the Small Business (SB) zoning
designation, (as established in Section 20.42.010 of the Zoning Code), which
encourages the perpetuation of small and light industrial activities, and is compatible
with the surrounding land uses.
B. That the proposed location of the conditional use and the conditions
under which it would be operated or maintained will not be detrimental
to the public health, safety or welfare, or materially injurious to
properties or improvements in the vicinity; and,
The proposed use is not anticipated to result in the creation of any new hazards
which would be detrimental to the public health, safety, or welfare; or, be injurious
to other properties in the vicinity, since the project site is surrounded by industrial
and similar uses are allowed in the zone and the use is less intense than the
previous two businesses.
C. That the proposed conditional use will comply with each of the
applicable provisions of this Chapter.
The existing building met all of the applicable development standards for the Light -
Manufacturing (M -1) Zone when the building was constructed in 1977, as an
industrial building. However, if the Variance request to keep the drive -in dock door,
which will eliminate three (3) of the required sixteen (16) parking spaces, is
approved, the building will no longer be in conformance with the parking
requirements of the Zoning Code.
As described and analyzed above, Staff believes that since the required three (3)
Conditional Use Permit Findings can be made, the Conditional Use Permit should be
Approved.
The Applicant is requesting approval of a Variance to permit an existing unpermitted drive -
in dock door, which will eliminate three (3) parking spaces, as required by Section
20.54.030 of the Zoning Code.
In accordance with Section 20.74.030 of the Zoning Code, the Planning Commission may
grant a Variance if all of the following four findings can be met (the findings appear in bold,
with Staffs analysis following):
A. That there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property or class of use in the vicinity and
zone;
The Applicant is requesting approval of a Variance to permit the proposed freight
forwarder to operate with thirteen (13) parking spaces instead of the required
sixteen (16). The subject property is located in an area of similarly sized and
shaped lots and the use is similar to surrounding uses. Development conditions
and constraints would be the same for all properties and new proposed uses within
the vicinity of the subject property. Therefore, there are no exceptional or
extraordinary circumstances about the property or use.
B. That Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same
vicinity and zone, but which is denied to the property in question;
There is no record of the City permitting such uses operating with less parking
spaces than required by the Zoning Code in the same vicinity. Other properties
must meet the Zoning Code parking requirements
C. That the granting of the Variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located; and
The Variance request is for keeping an unpermitted drive -in dock door which, if
approved will eliminate three (3) of the required parking spaces, leaving only
thirteen (13) parking spaces of the required sixteen (16). Although, Staff
understands that according to the applicant the proposed thirteen (13) parking
spaces would be sufficient to accommodate the proposed use, it should be noted
however, that according to the City's Code, parking requirements are
simultaneously based on the type of use and the building floor area. Additionally,
typical freight forwarders generate much more traffic and employ more people.
Although, the building has two permitted dock -high loading doors accessed from the
alley, the two permitted loading spaces are actually located in the turning radius of
the required parking spaces and therefore impact circulation within the parking lot.
If the Variance to keep the drive -in dock door is approved, it will not only further
impact circulation within the parking lot but will also reduce the number of required
parking spaces. Also, as it is known, parking availability in the Smoky Hollow area
is scarce; and, although according to the applicant only nine (9) parking spaces (5
employee and 4 visitor) are needed to accommodate the proposed use, it is not
certain that future uses will also need only 9 parking spaces, or a lesser number
than required by the Zoning Code for their operations.
D. That the granting of the Variance will not adversely affect the General
Plan.
The proposed Variance is not consistent with the General Plan land use designation
of Smoky Hollow Mixed -Use which requires that all structures within the Smoky
Hollow Area be well conceived and efficient site planning be provided. Also, the
Small Business zone of the Smoky Hollow requires on -site parking. (Per specified
Code standards).
Finally, although Staff understands the applicant's desire to keep the drive -in dock door,
which will eliminate three (3) of the required sixteen (16) parking spaces, Staff believes that
none of the four required findings for the Variance can be made (and all four findings must
be satisfied). As a result, Staff cannot recommend in favor of the Variance application.
The project applications and plans were circulated and all inter - departmental comments
are attached to this Report. The Fire, Finance, Library, Recreation and Parks, Police, and
Public Works Departments, had no comments on the project. No response was received
from the Economic Development Department and the Building Safety Division.
The City Manager commented that (based on the Applicant's statement in a letter dated
September 18, 1996 only one (1) parking space would be impacted by the drive -in dock
door and not three (3) as determined by Planning Staff and therefore the Variance request
should be for one parking space only. In order to maneuver a vehicle in and out of the
warehouse, which is the primary function and use of a ground level loading door, a
minimum back -up space of 25 feet is required in accordance with Section 20.54.050 of the
Zoning Code, which would eliminate 3 parking spaces. If a truck is parked outside of the
warehouse, parallel to the building, as proposed by the applicant in their letter dated
September 18, 1996, and the truck is unloaded outside of the warehouse, then only two
(2) parking spaces would be eliminated, as Section 20.54.060 of the Zoning Code requires
loading spaces to be 13 feet wide by 50 feet deep. Staff felt it was
the more conservative estimate of three more appropriate to use
(3) parking spaces being eliminated, since past
experience has shown that ground level loading doors are used primarily for driving
vehicles in and out of the warehouse.
XHIBI
A. Applications
B. Plans
C. Inter - Departmental Comments
Prepared by:
Naima Greffon '
Planning Technician
Reviewed by:
Laurie B. Jest
Senior Planner
Approved by
Bret B�� nard, CP
Dir ctor bf Plan q nag and ili fBudng Saety
EA- 393.SR
e ell
Planning Division
350 Main Street
El Segundo, CA 90245
(310) 322 -4670
INITIAL STUDY FAX (310) 322-4167
APPLICANT QUESTIONNAIRE
GENERAL, INFORMATION —8
1. Name and address of current property owner: CARL E. KNUTSON / 1768 OLD RANCH ROAD
LOS ANGELES CA 90049
(If not owner, provide a written statement from owners stating they are aware of this application)
2• Address of project: 129 SIERRA STREET, EL SEGUNDO CA 90245
Assessor's Block and Lot No.:
3• Name, address (include zip code), and telephone number of person to be contacted concerning this project:
TAS AIR CARGO (U.S.A.) INC. 129 SIERRA STREET EL SEGUNDO CA 90245
MAS TAKAHASHI, TEL: 310 322 -7789.
4. List and describe any other related permits and other public approvals required for this project, including
those required by city, regional, state, and federal agencies: N/A
5. Existing zoning district: SMALL BUSINESS (SB) 7QN:
6 Proposed use of site (project for which this form is filed): _FREIGHT FORWARDING PROCESSING
DOCUMENTATION FOR CUSTOMS, ACCOUNTING, GENERAL OFFICE WORK.
ERQjEC—1 12E EL1nN Use additional sheets as necessary.
(EXISTING BUILDING, NO CONSTRUCTION)
7. Site size: 11.400 S . F. LAND
8. Total square footage of building(s) or structure(s): 8 000 S.F.
9• Number of floors of construction: 2
10. Amount of on -Bite parking provided: 16
11. Proposed scheduling: N/A
12. Associated projects:
13. If residential, include the number of unite, schedule of tint sizes, range of sale price or rents, and type of
household size expected.
N/A
14. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of building
area, and nature of loading facilities provided.
N/A
15. If industrial, indicate type, estimated employment per shift, and nature of loading facilities.
N/A
16. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, nature of
loading facilities provided and community benefit to be derived from the project.
N/A
17. If the project requires a variance. conditional use permit or rezoning application, state this and indicate clearly
why the application is required.
C.U.P. REQUIRED FOR FREIGHT FORWARDING
Project No. EA 3 9 3 (l F 9�' 6
Are the following items applicable to t. . rbject or its effects?
sheets if necessary). Discuss below res} es to
all items (attach addiponal
— X 18. Changes in topograPhY, increase is erosion of soils, e
hazards such as earthquakes or xpoaure of people property to geological
landslides, or any changes in the earth or soil.
-- X 19. Changes in dust, ash, Smoke, fumes or odors i
moisture or air temperature. n vicinity. Alterations in air movements.
X 20. Changes in ocean or ground water quality, absorptions rates, drainage off water, or reduction is the amount of av ailable water. image Patterns of surface run.
— .� 21. Changes to or a reduction in the number of
area (includin area or endangered plant species in the project
B trees, shrubs, grass, crops, and microflora).
X 22. Changes to or a reduction in the number of
Changes is the diversity of rare or endangered animal life in the project area.
species reduction in numbers or deterioration of animal habitats.
X 23. Changes in existing noise or vibration levels in the vicinity.
— X 24. Changes in existing patterns or intensity of light and glare.
— X 25. Changes in
Pattern, scale, or character of existing development in general area of
Conflict with General Plan, project.
— X 26• Changes B in use• extraction, or conservation of any natural resource.
— X 27. Use, disposal, or release of Potentially flammables, or explosives. Possible ineren�oeardous material, such as toxic eubetances,
with emergency response or evacuation plan.
— X 28. Changes in location,
distribution, density or growth rate of human population.
X Changes in existing housing or creating demand for additional housing.
— —. 30. Changes is existing traffic patterns, traffic volume, Parkmg facilities. pedestrians or bicyclists including vehicular, rail, air, and watery traffic or increased hazard to
— X 31.
Alterations in demand for municipal services (police,
facilities, etc.). fire, water, school, sewage. Parka, public
— X 32.
Changes to or impact upon the quantity or quality of recreational opportunities.
— X 33.
Need for new or substantial alterations to existing utilities (electrical, natural gas,
communications systems, water, sewer, storm drainage, ge, solid waste disposal, etc.)
— — 34. Substantial increase is fossil fuel consumption (electricity, oil, natural gas, etc.).
— X
X 35. Creation of any health hazard or exposure of
People to potential health hazards.
36. Change in scenic views or vistas from existing residential areas, lands or roads. Change
in light and shadow patterns Public la
— X 37. Alteration or destruction of
Physical char any historic prehistoric site, building, structure, or object.
Bee which would affect ethnis c cultural
sacred uses within the vicinity. values or restrict existing religious or
Project No. EA
38. Describe the project site as it exists before the Project, including information on topography. soil stability,
plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structtuYa on the
site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will h be
accepted.
APPRX 8,000 S.F. 2 STORIES OFFICE /WAREHOUSE BUILDING LOCATED ON
APPRX 11,400 S.F.
39. Describe the surrounding properties, including information on plants and animals and any cultural. historical, com
or scenic aspects. Indicate the type of land use (residential, mercial, etc.), intensity of land use (one- family,
apartment houses, shops, department stores, etc.), and scale of development (height, frontage, setback, rear
yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted.
SURROUNDING AREA ARE ALL INDUSTRIAL BUILDING.
'�FFIC I hereby certify that the statements furnished above and in the attached exhibits present the
or this initial evaluation to the
data and information required f best of my ability, and that the facts, statements, and
information presented are true correct a vest of m knowledge y and belief.
(Signature)
(Print Name)
FOR PLANNING DIVISION USE ONLY
13 Copies of Plans
300' Notification Map
3 sets of Property Labels �-
2 sets of Envelopes with Postage V
Required Supplemental Info Sheets —
Iadn.2.Qn
Fee/Deposit Received E
Date Filed: _ _ 8 19
Received
For Planning Div,
Project No. EA
The applicant:
4a )
Owner
Lessee
Agent
� ..g
nLI
"In T7IzNT OF PLANNING
AND BUILDING SAFETY
360 Main Street
El Segundo, CA 90245
(310) 322-47
FAX (310) 322 -4167
APPLICATION FOR A CONDITIONAL USE PERMIT
PROJECT No E p- yE-
TAS AIR CARGO (U.S.A.) INC.
IITP
Date: ''/ / / �.
129 SIERRA STREET EL SEGUNDO CA 90245
(310 322 -7789
DS ANGELES CA 90049
Property Situated at: FREIGHT FORWARDING, PROCESSING DOCUMENTATION FOR CUSTOMS one 5
310) 472 -8515
xact eg escrxptxon. rove a attac meat nece'ACCOUNTING,
General Location: 129 SIERRA STREET saary GEN'L OFFICI
ees between EL SEGUNDO AND FRANKLIN WORI
. g'
treet, venue
Existing Zonin treet, venue
SMALL BUSINESS (SB) ZONE
Request: Under the provisions of Title 20, Section 20.74 of the Municipal'
consideration of an Conditional Use pal Code, a
• . :... Permit for the above described property. PPli��on for
..................................................
1' Describe in detail the entire proposed project (type of construction, mate
involved (e.g., bank, general office, industrial, restaurant, etc.) including buildings used), uses>
equipment necessary to the project. gs and other
N/A
2. Describe the existing development on the site. Include square footages and uses of each building
on the site.
TOTAL 8,000 S.F. / 3,700 S.F. - OFFICE , 4,300 S.F. - WAREHOUSE
** OFFICE - GENERAL OFFICE, ACCOUNTING
** WAREHOUSE - APPRX 1000 S.F. - STORAGE, 3,300 S.F. - WAREHOUSE DISTRIBUTION
3• Explain in detail why this particular site is especially suited for the proposed development.
N/A
4. Describe how the proposed project will compare /contrast to the development of adjacent properties
and the immediate area and will not have detrimental effects to the adjacent properties or
neighborhood. How will potential impacts be mitigated?
N/A
6. Describe the technological processes and equipment employed on -site and their compatibility with
ses withi
existing and potential land un the general area.
N/A
OWNER'S AFFIDAVIT
I,(We) the undersigned, am/We are t e ( o t e property tavo ve tat is application and that I(we have familiarized
myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and
filing this application and that the foregoing statements herein contained and the information on all
documents and all plans attached hereto are in all respects true and correct to the best of my /our
knowledge and belief
ignature ,19
ate
ignature 119
Date
AGENT AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand that t is person be the exclusive contact on the project and will be sent
all information and correspondence.
0wne s Si gn iture
AGENT AFFIDAVIT
I,(We) TAS AIR CARGO (U.S.A.) INC.
am/We are) the o t e property invo ve to is aphlication and that 1(wpejehavefa> say that
myself (ourselves) with the rules and regulation of the Ci of 1 Segundo with respect to re and
filing this application and that the foregoing statements herein contained and the information all
documents and all plans, attached hereto are in all respects true and correct to the best of my /our=
knowledge and belief.
ignature ate
ignature 119
Date
P: a s s s s s s s a s a a a a a s a s s s a s a s a s s s a a a a a s a s a a s s s a a a a: s s a a a a
rocedures for filing application
1. File application properly completed in the office of the Department of Planning and Building
Safety along with completed Initial Study Applicant Questionnaire. Signature of the owner /owners,
lessee (if applicant), and /or agent shall be required on all applications.
2. Applicant shall provide all information, drawings and other materials as requested by the Planning
Department as indicated on the Notice to Apo ' U .
3. Pay filing fee. (See fee schedule)
4. Applicant and affected property owners will be notified of time of hearing.
5. Applicant must be present at the hearing and may offer additional evidence to support his /her
request.
6. There shall be an additional fee for filing an appeal.
CUP APP
Planning Staff. Date received �( �f 9 6
Signature E.A. y
C.U. �-
September 12, 1996
City of E1 Segundo
350CMain Street
E1 Segundo-,Ca.
90245
Re. EA- 393/CUP96 -6, 129 Sierra Street
TAS Air Cargo Inc.
Sirs,
Please be advised that the undersigned, the owners of the prop-
assessment
omentionedlabover edateddSeptemberf6th1996vironmental
Carl E. Knutson
Owner
1768 Old Ranch Rd.
Los Angeles, Ca.
90049
Harry A. Anderson
Owner
4020 Sepulveda Blvd.
Culver:-Ci ty, Ca .
90230
ISM WxA_ 39,
TAS AIR CARGv (U.S.A.) INC. - Los Angeles office
129 Sierra STreer • El Segundo, CA 90245 • Tel (310) 322 -7789 • Fax: (3 10) 322 -'QCc
August 8, 1996
City of El Segundo
Department of Planing and Building and Safety
Bret B. Bernard- Director
Laurie B. !ester- Senior Planner
350 Main Street
El Segundo, CA 90245
RE: 129 Sierra St., El Segundo 90245 CLIP
TAS air cargo (U.S.A.) Inc. will be using the building as general office which will include
administrative, accounting and documentation processing, the warehouse will be used for freight
forwarding warehousing and storage.
129 Sierra and the building adjacent to the south arc both situated approximately 43' from the
allay (property line) which provides easy access and sufficient parking for the trucks without
interfering with the adjacent businesses in the area. The building currently has 2 dock high doors
and one ground level Which is more then current truck traffic we generate since a maiority of our
freight forwarding is handled and loaded directly at LAX never going through our warehouse,
Lmpioyee and visitor parking of 16 is sufficient since we only have 5 employees and 3 -4 visitors a
day
All the surrounding buildings are industrial with a number of air freight uses we fell that our use
will blend in extremely well our truck and employee traffic is low and will actually decrease in
comparison with the previous tenants who occupied the space in the past 10 years, Concordia
International Forwarding and Total Communication Corporation both had a crater number of
office employees, visitors and Concordia a very high truck trip count _.
129 Sierra Fits our business requirements it provides us with a good ntix of office, warehouse and
storage, TAS Air Cargo (U.S A.) Inc. currently has five (5) employees four (4) general of ice and
one (1) warehouse our business is handled by approximately 3 -5 20 -24' trucks a day and only 1
40' truck once a month. TAS does not own any trucks.
Sincerely
TAS Air CArco'(
(U.S �1.)'Inc
/A TAS AIR CARGO (U.S.A.) INC. - Los Angeles office
129 S errs Street • Ei Seguncio. CA 90245 • Tel: (310) 322.7789 • Fax: (310) 322 -7499
September 18, 1996
City of El Segundo
Department of Planing and Building and Safety
Bret B. Bernard - Director
Laurie B. Jester- Senior Planner
350 Main Street
El Segundo, CA 90245
RE: Ground level door use for 129 Sierra St., EI Segunde 902.15
TAS air cargo (U.S.A ) Inc. will be using the ground level door to receive smaller parcels The
delivery trucks remain only a very short time and actually park perpendicular to the building next
to the north dock high door and therefor do not block any of the parking spaces in front of the
ground level door. The parcels are usually carried by hand or on a dolly occasionally they would
be brought in with a forklift. The ground level door has been there since 1981 and previous
tenants with substantially higher number of employees and truck trafic have had no parking
problems
Should you have any questions please fell free to call me at 310 -410 -9388.
Sincerely
TAS
REGIONAL MAAAG9R
WESTERN DIVISION -
Spa
i A- 3g3'CvP96-I-
JAk. ab -s-
The applicant:
way lal el Yet
DEPARTMENT OF PLANNING 3b0 Main Street
AND BUMDING SAFETY El Segundo, CA 90246
(310) 3224670
FAX (310) 3224167
APPLICATION FOR A VARIANCE
PROJECT No \/#, R 4 6 - s
Date: 09 /13 /Q6
E-P, 393I Cup 156 -6
TAS A 0 ' "-
(Check On ame ees one
Owner
Lessee X HARRY ANDERSON 4020 SEPULVEDA BL., CULV
Agent _ CARL E KNUTSON 1768 OLD RAN('H Rnan 1 A ����a �4�9d�lss °9
Property er s ame Address Phone
Property Situated at - - - -.
xact a escnptsoa. ovs a at meat necessary
General Location: ' trees, between
esa as venue trees, venue
Existing Zoning: SR
Request: Under the provisions of Title 20, Section 20.74 of the • Municipal Code, application for
consideration of a Variance for the above described property.
! ! ! ! ! ! i L ! i ! ! ! ! i i ! ! ! i ! ! ! i ! i = i ! ! i ! ! i ! i ! i ! ! i ! ! ! ! ! i ! ! ! i f ! ! ! ! ! ! f
Explain in detail how your case conforms to gLgh of the following requirements:
1. That there are exceptional or extraordinary circumstances or conditions including size, shape,
topography, location, or surroundings applicable to the property in question or its intended use
that do not apply generally to the other property or class of use in the same vicinity and zone;
The amount of freight transferred and the number of employees (5 at this
time) will use far less parking than is currently available at the site.
2. That such variance is necessary for the preservation and enjoyment of a substantial property right
of the applicant possessed by other property in the same vicinity and zone but which is denied
to the property in question:
Other businesses in the vicinity operate in the same capacity of freight
handling and do not have adequate parking as well.
3. That the granting of the variance will not be materially detrimental to the public welfare or
injurious to the surrounding property or Improvements in such vicinity and zone in which the
property in question is located.
Zoning for the use has been the same since 1981 when Concordia Freight
Forwarding Company leased the building as freight forwarders and
remained until 1990.
4. That the granting of the variance will not adversely affect the comprehensive general plan.
The property has been used in the past for the same use and will
not adversely effect the general plan.
NOTE: Any variance granted shall be subject to such conditions as will assure that the variance
thereby authorized shall not constitute a grant of special privilege with the limitations upon
other properties in the vicinity and zone in which the property is located.
OWNERS AFFIDAVIT.
I,(We) L 8, the undersigned, depose and say that (I
am/We are a S) o e property u3 Av is the and that I(we) have familiarized
myself (ourselves) with the rules and regulation if the City of El Segundo with respect to preparing and
filing this application and that the foregoing statements herein contained and the information on all
documents and all plans attached hereto are in all respects true and correct to the best of my /our
knowledge and belief.
�Signa Data
Signature Date
AGENT AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand at th is person a exclusive contact on the project and will be sent
all information and correspondence.
Owners Signature
AGENT AFFIDAVIT
I,(We) - the undersigned, depose and say that Q
am/We are he of the property invo ve m u application and that I(we) have familiarized
myself (ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and
filing this application and that the foregoing statements herein contained and the information on all
documents and all plans, attached hereto are in all respects true and correct to the best of my /our
knowledge and belief.
11911/
-- Signature ate
,19
Signature Date
z a s s s s .... s s: a s z s s s a s s s a s s s s a z s s s a s s s s a s s z s s a .... z 3 z s z z z z s s
Procedures for filing application
1. File application properly completed in the office of the Department of Planning and Building
Safety along with completed Initial Study Applicant Questionnaire. Signature of the owner /owners,
lessee (if applicant), and /or agent shall be required on all applications.
2. Applicant shall provide all information, drawings and other materials as requested by the Planning
Department as indicated on the Notice to ADWicants.
3. Pay filing fee. (See fee schedule) u-Z swbti,:tr,e\
4. Applicant and affected property owners will be notified of time of hearing.
b. Applicant must be present at the hearing and may offer additional evidence to support his/her
request.
6. There shall be an additional fee for filing an appeal.
viuwr
Planning Staff. Date ved a a, , ► 199 6 _ EA bol 3 c v r' q - L
Signat VAR V6 96 -S
i 2nd F1OOr Office
.0 C, 5 ^_.
Sie^a St. t
9,1 -393 •�� gn -6
" LIAR 96 -s' ` —♦
43,
2nd Floor Office
129 Sierra St., El Seg<rrb. Building: ) 840 s . f .
Land: 11,400 s.f.
Parking: 16 spaces
Sierra St.
Scale: 1 " =16'
143'
vAR 96- � S
i h
City of E/ Segundo
INTER - DEPARTMENTAL CORRESPONDENCE `
Circulation Date: December 23, 1996
TO: Jim Morrison, City Manager
Jim Fauk, Director of Recreation and Parks
Tim Grimmond, Chief of Police
Jim Hansen, Director of Economic Development
Eunice Kramer, Finance Director
Jake Nielson, Fire Chief / ���'
Barbara Pearson, Library Director �/�
Ed Schroder, Director of Public Works
Ron Darville, Senior Plans Examiner
FROM: Bret B. Bernard, Director of Planning and Building Safety
STAFF
PLANNER: Naima Greffon, Planning Technician"�
SUBJECT: Environmental Assessment EA -393, CUP 96-6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Planning Division has received an application for a Conditional Use Permit in the Small
Business (SB) Zone, in accordance to Section 20.42.040 of the Zoning Code, to allow an
existing freight forwarding business to operate at the above - referenced address. The
business relocated to this site prior to receiving approval of the required Conditional Use
Permit. The application includes a variance request to keep an unpermitted drive -in dock
door which eliminates three (3) required parking spaces. The applicant proposes to
provide a total of thirteen (13) parking spaces instead of sixteen (16), as the Code requires.
The building has already two (2) permitted high dock doors located at the rear of the
building in addition of the requested drive -in dock door.
The property is developed with a 7,820 square feet building that consists of 4,200 square
feet of warehouse area and 3,620 square feet of office area. Previously, the building was
used as a wholesale and retail business for telecommunication equipment from 1991 until
mid -1996. The freight forwarding operation proposes to employ five (5) people.
The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
Attached for your review is a copy of the applications and plans.
Please return the plans along with any comments by Monday. January 6th 1997. If you
have any questions on the project, contact Naima Greffon at extension 405.
Enclosures: Applications
Plans
P:Vr0tectMee- 393ba- 393.IDC
RECEIVED
City of E/ Segundo DEC 2 6 1996
INTER - DEPARTMENTAL CORRESPONDENCE EL SEGUNDO
FIRE DEPT.
Circulation Date: December 23, 1996
TO: Jim Morrison, City Manager
Jim Fauk, Director of Recreation and Parks
Tim Grimmond, Chief of Police
Jim Hansen, Director of Economic Development
Eunice Kramer, Finance Director
Jake Nielson, Fire Chief
Barbara Pearson, Library Director
Ed Schroder, Director of Public Works
Ron Darville, Senior Plans Examiner
FROM: Bret B. Bernard, Director of Planning and Building Safety 1,
STAFF
PLANNER: Naima Greffon, Planning Technician"
SUBJECT: Environmental Assessment EA -393, CUP 96-6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Planning Division has received an application for a Conditional Use Permit in the Small
Business (SB) Zone, in accordance to Section 20.42.040 of the Zoning Code, to allow an
existing freight forwarding business to operate at the above - referenced address. The
business relocated to this site prior to receiving approval of the required Conditional Use
Permit. The application includes a variance request to keep an unpermitted drive -in dock
door which eliminates three (3) required parking spaces. The applicant proposes to
Provide a total of thirteen (13) parking spaces instead of sixteen (16), as the Code requires.
The building has already two (2) permitted high dock doors located at the rear of the
building in addition of the requested drive -in dock door.
The property is developed with a 7,820 square feet building that consists of 4,200 square
feet of warehouse area and 3,620 square feet of office area. Previously, the building was
used as a wholesale and retail business for telecommunication
mid -1996. The freight forwarding operation proposes to employ five ent from 1991 until
(5 )people.
The proposed project is exempt from the requirements of the Califomia Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
Attached for your review is a copy of the applications and plans.
Please return the plans along with any comments by Nlondav an�anr efti ,one
have any questions on the project, contact Naima Greffon at extension 405. If You
E0S1Q2 Mre&• Applications
Plans
°'nom 0" "
�O G P.Wrolecb1&a- 393b8-393.IDC
t I g Ia'1
CITY OF EL SEGUNDO
INTER- DEPARTMENT MEMORANDUM
DATE January 1, 1997
1910'r' JAII
TO Bret B. Bemard ��3'!� - jd`�vv
Director of Plannjnp and Building Safety
afI•
FROM Bellur Devaraj
City Engineer
SUBJECT Review Comments -
Environmental Assessment
EA - 393
Conditional Use Permit
CUP 96-6
Variance
96-5
Address of Project
129 Sierra Street
Applicant (name)
Mas Takahashi, TAS Air Cargo (USA) Inc
Engineering Division Staff has reviewed the subject application and has comments since there are
no contemplated changes to the public right -of -way.
REVIEWED BY:
Paul Bowen
Civil Engineer Associate
BKD:PB:jcb
Enclosure
cc: Paul Bowen, Civil Engineer Associate
EA -393 PB
APPROVED BY:
A�4_,( Ir. 1, -,J� I' -
Bellur K. Devaraj
City Engineer
City of E/ Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: December 23, 1996
Jim Morrison, City Manager
Jim Fauk, Director of Recreation and Parks
Tim Grimmond, Chief of Police
Jim Hansen, Director of Economic Development
Eunice Kramer, Finance Director
Jake Nielson, Fire Chief
Barbara Pearson, Library Director
Ed Schroder, Director of Public Works
Ron Darville, Senior Plans Examiner
J-"N - 3 1.947
@Ai►r Bret B. Bernard, Director of Planning and Building Safety
STAFF
PLANNER: Naima Greffon, Planning Technician
SUBJECT: Environmental Assessment EA -393, CUP 96 -6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Planning Division has received an application for a Conditional Use Permit in the Small
Business (SB) Zone, in accordance to Section 20.42.040 of the Zoning Code, to allow an
existing freight forwarding business to operate at the above - referenced address. The
business relocated to this site prior to receiving approval of the required Conditional Use
Permit. The application includes a variance request to keep an unpermitted drive -in dock
door which eliminates three (3) required parking spaces. The applicant proposes to
provide a total of thirteen (13) parking spaces instead of sixteen (16), as the Code requires.
The building has already two (2) permitted high dock doors located at the rear of the
building in addition of the requested drive -in dock door.
The property is developed with a 7,820 square feet building that consists of 4,200 square
feet of warehouse area and 3,620 square feet of office area. Previously, the building was
used as a wholesale and retail business for telecommunication equipment from 1991 until
mid -1996. The freight forwarding operation proposes to employ five (5) people.
The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
Attached for your review is a copy of the applications and plans.
Please return the plans along with any comments by Monday. January 6th. 1997. If you
have any questions on the project, contact Naima Greffon at extension 405.
E1121211URS: Applications
Plans
1 � »..E
11- i4-- 56
.v.v eG...ns i... 15
��;' zw..z
P:br0Pn3$ &- 393W- 393.IOC
City of E/ Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: December 23, 1996
TO: Jim Morrison, City Manager
Jim Fauk, Director of Recreation and Parks
Tim Grimmond, Chief of Police
Jim Hansen, Director of Economic Development
Eunice Kramer, Finance Director
Jake Nielson, Fire Chief JAN - 2 InQ7
Barbara Pearson, Library Director
Ed Schroder, Director of Public Works
Ron Darville, Senior Plans Examiner
FROM: Bret B. Bernard, Director of Planning and Building Safety^
STAFF
PLANNER: Naima Greffon, Planning Technician
SUBJECT: Environmental Assessment EA -393, CUP 96-6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Planning Division has received an application for a Conditional Use Permit in the Small
Business (SB) Zone, in accordance to Section 20.42.040 of the Zoning Code, to allow an
existing freight forwarding business to operate at the above - referenced address. The
business relocated to this site prior to receiving approval of the required Conditional Use
Permit. The application includes a variance request to keep an unpermitted drive -in dock
door which eliminates three (3) required parking spaces. The applicant proposes to
provide a total of thirteen (13) parking spaces instead of sixteen (16), as the Code requires.
The building has already two (2) permitted high dock doors located at the rear of the
building in addition of the requested drive -in dock door.
The property is developed with a 7,820 square feet building that consists of 4,200 square
feet of warehouse area and 3,620 square feet of office area. Previously, the building was
used as a wholesale and retail business for telecommunication equipment from 1991 until
mid -1996. The freight forwarding operation proposes to employ five (5) people.
The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
Attached for your review is a copy of the applications and plans.
Please return the plans along with any comments by Monday. January 6th. 1997. If you
have any questions on the project, contact Naima Greffon at extension 405.
Enclosures: Applications
Plans
,,/:,,,,,P :%propctsba- 393W- 393.IDC
D A".l %fir 4i 1 600a'41V '&-Vd
ea
INTER - DEPARTMENTAL CORRESPONDENCE
December 30, 1996
TO: Bret B. Bernard, Director of Pla Ing and Building Safety
FROM: Tim Grimmond, Chief Of Poll
SUBJECT: Environmental Assessment EA- 93, CUP 96 -6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Police Department has reviewed the plans for EA -393, CUP 96 -6, VAR 96 -5
and finds there to be no problems from a law enforcement viewpoint.
City of E/ Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Circulation Date: December 23, 1996
TO: Jim Morrison, City Manager
Jim Fauk, Director of Recreation and Parks
Tim Grimmond, Chief of Police
Jim Hansen, Director of Economic Development
Eunice Kramer, Finance Director
Jake Nielson, Fire Chief
Barbara Pearson, Library Director
Ed Schroder, Director of Public Works
Ron Darville, Senior Plans Examiner
FROM: Bret B. Bernard, Director of Planning and Building Safety
STAFF
PLANNER: Naima Greffon, Planning Technician
SUBJECT: Environmental Assessment EA -393, CUP 96 -6, VAR 96 -5
Location: 129 Sierra Street
Applicant: Mas Takahashi, TAS Air Cargo (USA) Inc.
The Planning Division has received an application for a Conditional Use Permit in the Small
Business (SB) Zone, in accordance to Section 20.42.040 of the Zoning Code, to allow an
existing freight forwarding business to operate at the above - referenced address. The
business relocated to this site prior to receiving approval of the required Conditional Use
Permit. The application includes a variance request to keep an unpermitted drive -in dock
door which eliminates three (3) required parking spaces. The applicant proposes to
provide a total of thirteen (13) parking spaces instead of sixteen (16), as the Code requires.
The building has already two (2) permitted high dock doors located at the rear of the
building in addition of the requested drive -in dock door.
The property is developed with a 7,820 square feet building that consists of 4,200 square
feet of warehouse area and 3,620 square feet of office area. Previously, the building was
used as a wholesale and retail business for telecommunication equipment from 1991 until
mid -1996. The freight forwarding operation proposes to employ five (5) people.
The proposed project is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 -Class 1(a), existing facility with no
expansion, and Resolution 3805 as a ministerial exemption.
Attached for your review is a copy of the applications and plans.
Please return the plans along with any comments by Monday. ranrs.y gt� h 1gg� If you
have any questions on the project, contact Naima Greffon at extension 405.
Encloa re&• Applications
Plans
P:0r0ActBWe- 393W&- 393.IDC
e1w, or & (2feguado
Inter - Departmental Correspondence
December 27, 1996
To: Lauri Risk
From: Sgt. Graham
Subject: 129 Sierra Street, EA -393, CUP 96-6, VAR 96 -5
In reviewing the application I have no concerns regarding this project.
According to the documentation only 5 employees and 5 truck trips per day is
being generated.
W
RESOLUTION NO. 2388
OF THE CITY OF EL
NING A RESOLUTION OF THE PLAN EN RONMIEN AIL ASSESSMENT E FREIGHT
SEGUNDO, CALIFORNIA, DENY
AND CONDITIONAL USE PSERMIIT 6-6, TO VARIAN 96 5 EXISTING
RETAIN A3 ES
FORWARDING
BUSINESS,
UNPERMITTED DRIVE-IN ACE DOCK AT 129 29 WHRA STREET. PETITIONED BY:
REQUIRED PARKING
MAS AIR CARGO (USA) Inc.
WHEREAS,
on August 8, 1996, applications were received from Tas Air Cargo (USA)
requesting PP freight forwarding business
'approval of an Environmental one to allow an existing Use Permit an
Variance in the Small Business (S )
to continue to operate, and retain
l 9 S Berra Street; drive-in dock door which eliminates three
(3) required parking spaces, at
WHEREAS, an inter - departmental correspondence has been prepared and circulated
along
with all the applications and plans for the proposed use, for inter - departmental
comments; and
WHEREAS, the Planning Commission has reviewed
orie andEcriteria contained Assessment
n he California
and the supporting evidence with the authority of El Segundo Guidelines
Environmental Quality Act, State CEQA Guidelines, and the City
for the implementation of the California Environmental Quality Act (Resolution 3805); and
WHEREAS, on January 30, 1997, the Planning Commission did hold, pursuant to law, a
duly advertised public hearing on such matter and notice of the public hearing was given
- in the time, form and manner prescribed by law; and
WHEREAS, at said hearing opportunity was given to all persons present to present
testimony
or documentary evidence for or against the findings of Environmental
Assessment EA -393, Conditional Use Permit 96 -6 and Variance 96 -5; an
WHEREAS, at said hearing the following facts were established:
1, The existing of a business forwarding conditional tuse permit prior to receiving
approval
2. The applicant is proposing to continue using the 7,840 square foot building for an
international freight forwarding operation, of which 4,200 square foot is warehouse
use and 3,640 square foot is related office use.
3. The site is zoned Small Business (SB) which requires freight forwarding businesses
to obtain conditional use permit.
4. There are currently 14 parking spaces (10 in the back and 4 in the front), two dock -
high doors with loading spaces and one unpermitted drive-in dock door with a
loading space. The proposed use requires sixteen (16) parking spaces
three (3) may be compact.
5. The applicant is proposing to re- stripe the front parking lot and increase the total
number of parking spaces to sixteen (16) spaces. The use of the unpermitted drive -
in dock door will eliminate three of the sixteen (16) required parking spaces.
6. The applicant is requesting a Variance necessary to retain an unpermitted drive -in
dock door which eliminates three (3) required parking spaces.
7. project site is a y 143 feet deep. IThe lot fis accessed from the alley aand from in area, 80 S Sierra Street.
wide by
8. The building was formally t o ecommunication equipmenA andtprioor to that by "Conco rd
and retail sales of t
for one year for International freight forwarding.
9. The proposed business would generate between three (3) to five (5) 20-24 foot
truck trips a day, and (1) 40 foot truck trip once a month. A total of thirty ( ) to
thirty-eight (38) vehicular trip ends per day are expected to be generated.
10. The surrounding area is zoned Business y mainly dominated by
manufacturing and light industrial businesses, othefreighforwarders.
NOW, EREFOR Assessment EA -393, Conditional 'Use Pe it 96-6, and Variance
proposed ed THEREFORE,
Environmental
96 -5, the Planning Commission finds as follows: of the
1, The proposed project is exempt from
he requirement
1, Class 1 a), as an
Environmental Quality Act (CEQA) pursuant
existing facility with no expansion, and Resolution 3085 as a ministerial exemption,
2. The conditional use permit cannot be approved for lack of action; and
3. The required four findings for the variance cannot be made.
NOW, THEREFORE, FURTHER RESOLVED, Planning hereby
denies Environmental ssessmenEA EA-393, Use 96- 6 and Vaance 96-
5;
BE IT FURTHER RESOLVED, that according to the El Segundo Municipal C ti nn to the
the Secretary of the Planning Commission n to any other person requesting a
shall mail 'd y of
applicants at the address shown on the application
copy. The decision of the Planning Commission as set forth in this Resolution shall
become final and effective ten (10) calendar days after the date ofh n writing n s
Commission action unless within such ten (10) calendar day period an appeal
filed with the City Council.
PASSED, APPROVED AND ADOPTED this 30th day of 4gDuaa 1997.
Bret ern rd, CP,
Director f Pla ning and
Building and Safety and Secretary
of the Planning Commission
of the City of El Segundo,
California
VOTES
Conditional Use uMA
Yeagley
NO
Crowley
Absent
Palmer
NO
Boulgarides
YES
Wycoff
YES
2
bert Yeagl , hairm n
of the Planni 9-Co ion
of the City of EI Segundo,
California
Variance
NO
Absent
NO
NO
NO
p: \projecu\ea 393 \ea 393 see
MINUTES Oi - HE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF EL SEGUNDO, CALIFORNIA
January 30, 1997
Chairman Robert Yeagley called the regular meeting of the El Segundo CALL TO
Planning Commission to order at 7:05 p.m. in the Council Chamber of the City ORDER
of El Segundo City Hall, 350 Main Street, El Segundo, California.
Commissioner Boulgarides led the Pledge of Allegiance to the Flag. PLEDGE TO
FLAG
PRESENT: WYCOFF, PALMER, BOULGARIDES, YEAGLEY. ROLL CALL
CROWLEY - excused absence.
Director Bernard presented the Fiscal Year 1996 -1997 Capital Improvement CONSENT
Program, Findings of General Plan Consistency. Commissioner Boulgarides CALENDAR
moved to adopt the Consent Calendar. Commissioner Palmer seconded.
Passed 4 -0.
Director Bernard stated there are two new business items; A. an Environmental NEW BUSINESS
Assessment and Subdivision and B. an Environmental Assessment, EA -393
Conditional Use Permit and Variance. The representatives for Item B
requested to go first on the Agenda. The Cotrunission agreed.
Ms. Naima Greffon presented the Staff Report for Item B as outlined in the
Agenda packet.
Director Bernard stated that any action the Commission takes on the Variance
acts as a precedent for other applications in the future. Also, variances run
with the property, so if the use changes there would still be a variance from the
parking standards for that property.
Chairman Yeagley asked if this property was part of the mass CUP effort done
some time ago? Ms. Greffon stated no.
Commissioner Boulgarides asked about granting the variance to keep the
loading dock, thereby reducing the number of spaces. Is this two different
variances? Ms. Greffon stated the variance is for the parking, due to the
impact of keeping the loading dock It is a variance to reduce the parking
standard.
Commissioner Palmer asked is it not typical for a business to try to get a
variance or CUP before they move into a new facility? Ms. Greffon stated
some businesses may not know, they move into a building, and then ask for a
business license. Then it is too late.
Commissioner Wycoff asked if the variance runs with the property and the
CUP runs with the business? Mr. Bernard stated they are both attached to the
use itself. The business operation plan for a new use would be looked at as
presented to Planning through the business license review. It would be
reviewed versus the conditions as specified for the CUP, as well as the Code
Standards. As long as they are in compliance with both, they would be allowed
to take over through the business license without further review by the
Commission.
Commissioner Boulgarides asked if the loading dock was original to the
building or added later? Ms. Greffon stated it was added in the '80s, but
without obtaining a building permit. There are two other loading docks which
are at ground level. The loading dock in question is above ground.
1- 30min.PC
Yuri Rodan, 8740 S. Sepulveda Boulevard PUBLIC
COMMENTS
In clarification, the door in question is a ground level door. The additional
doors that exist are dock high doors. It is essential to the business operations to
have the ground level door. They use it only once a week, and park parallel to
the dock high door and use a fork lift to drive into the warehouse. They only
lose one parking space. If this door is closed, the business will have to move
out of El Segundo. A lot of the use is UPS shipments which can't use the dock
high doors. They rarely use both dock high doors at the same time and do not
drive in through the ground level door into the building itself.
In terms of the Variance, perhaps just issue the Variance for the term of the
lease, which is 3 years with 2' /2 years left. Then the owner can close the door
or reduce the office space to reduce the need of the parking requirement. The
door has been in existence for 15 years, and the two prior tenants who occupied
the building had more than double the number of employees this company
currently has. They apparently had no negative impact on traffic or parking.
Chairman Yeagley closed public hearing
Commissioner Boulgarides asked about setting precedence. Mr. Bernard stated COMMISSION
it would tell any other business that wanted to locate in Smoky Hollow that DISCUSSION
there is a precedence, that had granted a waiver for the parking standards.
Commissioner Wycoff asked if there were any other businesses in Smoky
Hollow that have variances for parking? Ms. Jester stated none that she is
aware of.
Chairman Yeagley asked for a description of the dock doors and opened public
discussion.
Jim Davis, 5301 Beethoven Street, Los Angeles PUBLIC
COMMENTS
The three doors are all approximately the height of the interior level which is
48 inches high. The two dock high doors the truck backs up to are at 48
inches, and the other one has a ramp that comes down from the 48 inches. The
length of the ramp covers three spaces of the parking lot.
Chairman Yeagley closed public discussion.
Commissioner Boulgarides asked how difficult it would be to create a variance COMMISSION
with a time limit or constraint? Mr. Bernard stated that it should be clear that DISCUSSION
after the 3 years is up on the lease, they will not come back and ask for a
continuation.
Mr. Altmayer stated that the problem with granting a variance with a time limit
is that it is being said they meet all the standards of the variance, but putting a
time limit on it. It is possible to do it with the applicant agreeing with it, but
the next owner may come in and ask what has changed in the past three years
where they may not get a variance this time?
Mr. Bernard stated the four findings have to be met no matter how long the
period is granted for. Mr. Altmayer stated you may potentially be creating an
entitlement for more than three years because all of the four findings have been
met.
Chairman Yeagley opened public discussion.
PUBLIC
COMMENTS
Yuri Rodan, 8740 S. Sepulveda Boulevard (return)
1- 30min.PC
Mr. Rodan stated the back of the ' •ilding is not a completely straight line
You can drive in parallel to the t ling directly to the ground level of the
door. You don't have to go through three parking spaces in order to drive the
forklift into the door. Really, just one parking space is lost.
Commissioner Boulgarides asked if there was room at one of the other dock
doors for a ramp? Mr. Rodan stated no, because if there is a concrete ramp
built, you will eliminate access to the other door and will have to move all the
parking spaces on the side. Also, unloading and fork lifting things up to
warehouse height cannot work, because then the forklift will have to remain
outside.
Chairman Yeagley closed public discussion.
Chairman Yeagley stated if they don't find for the CUP, there is no point in COMMISSION
looking at the Variance. In the Staffs write -up on Page 3 it mentions the CUP DISCUSSION
should be approved. On Page 2 is the correct verbiage in the Zoning Code
which states the Planning Commission may grant a CUP if it determines all the
findings can be met. Mr. Bernard stated this is a repeat of a recommendation
on the first page.
Commissioner Wycoff stated the three findings for the CUP are very clearly
stated and Staff s analysis seems straight forward and to the point. He doesn't
see an issue with any of them.
Chairman Yeagley stated he has an issue with freight forwarders. It is not a
right of zone, they require a CUP. The Commission is allowed to make a
determination that may be arbitrary. He drove into that area and is not sure it is
conducive to freight forwarding operations. The area is meant to be for a
warehouse or distributor. He didn't see any recommendations on trip
limitations. If they decide to approve a CUP, he feels there should be a trip
limitation. They tend to open the door for freight forwarders in that area. The
alley is narrow and is shared with multiple small industries.
Commissioner Boulgarides stated industry and manufacturing by their nature
are going to generate some truck trips. It is consistent with the area and is not
an unreasonable use of the building. He doesn't have a problem in limiting the
trips.
Chairman Yeagley asked Staff about the other freight forwarders in that area
and if it was pan of the mass CUP and grandfathered in? Ms. Greffon stated
the zoning requirements at that time did not specifically require a CUP.
Commissioner Boulgarides stated that freight forwarding is cleaner than
manufacturing and is a natural fit for that area.
Chairman Yeagley stated there is very little revenue for the City on this
approval.
Commissioner Boulgarides moved to grant the CUP as written and MOTION
Commissioner Wycoff seconded. Motion failed 2 -2 for lack of action.
Commissioner Boulgarides moved to place this item on a future agenda when
all five Commissioners are present. Chairman Yeagley seconded. Motion
failed 2 -2 for lack of action.
Chairman Boulgarides moved to accept the Variance application as put forth
by the tenants of the building. Chairman Yeagley seconded. Motion denied 4-
0.
The applicant has 10 days from today to appeal both items
1- 30min.PC
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Rich Reed
414 W. Oak Ave.
El Segundo, CA 90245 -2115
(310) 322 -0421
1997 July 15
Copies to: City Council Members SANDY JACOBS, NANCY WERNICK, MIKE GORDON,
JANE FRIEDKIN, LIAM WESTON; Superintendent WILLIAM MANAHAN;
School Board Members CHRISTINE SHERRILL, KEN SCHOFIELD,
CHRIS POWELL, MARGARET ECHEVARRIA, RICHARD CROXALL.
Mr. TIM GRIMMOND
Police Chief
EL SEGUNDO POLICE DEPARTMENT
348 Main Street
El Segundo, California 90245
(310) 322 -9114
You are a dishonest man and a corrupt police chief.
For several years, you have gotten away with your dishonesty and corruption in my case. I am poor
and weak, you are wealthy and powerful, and you are supported by the enormous combined wealth
and power of many institutions, including the El Segundo City Government, the Los Angeles County
District Attorney's Office, the Inglewood Municipal Court, and the Los Angeles Superior Court.
Unfortunately for you, but fortunately for the public welfare, your dishonesty and corruption will
probably soon become well known within El Segundo and far beyond El Segundo, not merely as
assertions by me, but as solid knowledge established by honest and thorough investigations.
I am still poor and weak. However, the education reforms I've been working on, which I now call
the EasyRead System of Music & Math & Languages, are valuable and powerful. The reforms have
been stifled during more than twelve years, but a critical mass has probably been attained, with
enough honorable people understanding and loving some of the reforms, so that the reforms will
succeed even if something happens to me and I can no longer personally help. As hundreds of
millions of people start to benefit from the reforms, many of those people will want to understand
the history of the reforms, including the history of the academic corruption and the related police
corruption which have helped to hold back the reforms. El Segundo school officials and El Segundo
City officials, including you, have earned your dishonorable places in that history.
On 1991 September 4, after I had discovered some of the police corruption in my case, I handed you
a copy of my five -page single- spaced letter of 1991 September 3 to WILLIAM BARR, then Acting U.S.
Attorney General. You were then an El Segundo police captain. In standard speed- reading style, you
zipped through the letter in less than thirty seconds, and you said that there wasn't any police
misconduct. You hadn't talked to any witnesses, you hadn't checked any facts, you hadn't done any
investigation at all. I knew then that you were a dishonest man and a corrupt police captain.
In 1992 and 1993, after you had become Police Chief, I addressed the City Council several times,
about police corruption in El Segundo. The City Council Members were then:
CARL JACOBSON, J.B. WISE, ALAN WEST, RICHARD SWITZ, MICHAEL ROBBINS.
I asked them to investigate my charges. Instead, they publicly accepted your public declaration that
you had investigated my charges and that you hadn't found any misconduct by police. In a dispute, if
the first side says "INVESTIGATE FOR YOURSELVES ", and the second side says "TRUST ME ", the first
side is almost certainly telling the truth, and the second side is almost certainly lying. Back then, all
of the City Council Members helped you to be a dishonest man and a corrupt police chief. Will all of
the current City Council Members continue to help you to be a dishonest man and a corrupt police
chief?
'7
r-/
GEORGEPOPE
1401 EASrPALM
EL SEGUNDO, CA 90245
July 15, 1997
Dear Gentlepersons,
I hereby certify that I, George Pope, am the only authorized building custodian for the
property located at 212 Oregon St., El Segundo, CA.
I do have the property's keys in my possession and I meet with the fire department
inspectors for annual fire inspections. My responsibilities also include inspecting the
building for break ins and vandalism.
In regards to the excessive water bill, I personally turned off the inside water spiketts and
valves to all toilets and sinks several months prior to this theft. On this occasion, the
water spikett located behind the locked gate near the gas meter at the southwest corner of
the building was found to have been used recently (then). Your inspector noted this
because there was no rust or discoloration in the water running from the spikett, denoting
that an unknown water thief had taken water from that location. I know this to be true
because after Ifiu�y inspected the rest of the property I found no broken water lines or
leaks.i�
"21 Oregon St.
El Segundo, CA
of perjury that the foregoing is true and correct.
MANUFACTURING EXCELLENCE SWCE 79:++
