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1997 JUL 15 CC PACKET
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 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 0 022 y r, I f ' I J Q I i 13 in ti 'I C© ncr ' 9i co�T 4-.A OOPR day »U, vo.K �•1 Ootrs; wj OxK ;�..GA( Y" l V 13 uIC-o1Nir �";I v I 0 80' - O- O'' 1 29 S i E IZ Q A �1"M FLT W l� r I$ -e• a v - I 0 023 P� 1 .Q I N 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 3 SECURED WAREHOUSE STORAGE Rk 7 RR m 459 SQ. FT. _ I f FR 9 � R� MfrEgS LTG rttr� 6 - I up , � I op I � a- 0" i r--- T -�-r -7 ,4 �1 fT0,11fG ME ON r rill � I 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 u; JUL - 81991 u �1 At'1011 NG DIVISIQ��'� ,1 1 oa !o� loo F i \ P i V a l O ! W W IA i « ,do Y J ' 7 i J 1. W O W H O I i�,.Idxkl it, i- AAir,i:�i "irl I *i;.amI�N k, irl:i; i I I I • V i I � of11+oA! eFO/fo fF ff PN•+OAI w00 Mr f.O FVt r 0ioj0000 oiai P4 OJrI W o.F O Opi O- vft O�aW1M -• 0 F q mFj� N 1'IFM M •hh.AN Wk 40 z ♦M • + O an ^ f In L6 •, •• M q 0• N M N O Y q M M � M M • M M V J i I 1i O W � I i O< 01 i o i s I LL. 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O c > ii cIC �a Ow • rr •� �) Lra & -• ur K> -LCC NL,YV N�►MLM at N4 c,;-c.&27;- W r b w L O C C M C r wr ~1uu do Mc, 7 aO.�MM «~ �+4 al.9C cr Lr 'a a .q1 7 e•. 0 40 1. u a+ z Z WL•f 0 0� O �c 0C f u �J W 0 ! z D S L A R S s ., 4•. c" O O C N u O a C C •-� w O > L .� W 0 i• r. w r U r O i a. c eNi � � w Oi r • 1 w~ « y w d u 0 v e M c i u cam. e i o u a u u r r ic .~. w d 7+ r c 4 M 10 �. C M �+ O 1. .� C O 4 w L ++ L 1. s 40 =r xM a L itr. • �u 01a ° • �°. u0 C ~ w 7 I .qi 3. P a r M • 4 •. L ! O u4 o L r.. D .. H co u 0 are %. u u W 000 c o O'rr I.c ut u ao .. u u.. 6 iu V• r L 1 a.a ! O - r 1. r r wua WM �+ L O L r 7 a• M L I C» O< C c O A i r U 7 O L a l w r� w � u"� a i LLq 4 r L • •.• O ••v « C 11b a •• I M • WFS L2 • m C 1. ~ L 0 u I L Om L O I w 0 Y. V u W ! 0 t O I C L r w Y i 10 w r f• 7 C 2 , ►• �L�c•�++ it u to O� u .rw :U r I y cvMO;tO we � =aMUM i ` IrC r! « uc 0 :z ." a u .+ 1. M U > • n 7 « T`� t• � P q t ar 01.. O c > ii cIC �a Ow • rr •� �) Lra & -• ur K> -LCC NL,YV N�►MLM at N4 c,;-c.&27;- W r b w L O C C M C r wr ~1uu do Mc, 7 aO.�MM «~ �+4 al.9C cr Lr 'a a .q1 7 e•. 0 40 1. u a+ z Z WL•f 0 0� O �c 0C f u �J W 0 ! z D S L A R S s ., 4•. c" 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 H Z W v N L v LL Q W Ys O �0 m m CL 0 } } LL 4) m 69 Cri Efl C cc cc L p m L m N r N } Z LL C t6 m f� 69 O pp O p } } LL r � C LO M N N } } LL fD rn a� m O N Cp N C I'd O > N u9 U c 0 cc m M Z Z d) J m 69 69 w Cl) D N E C6 Z } J to C f° aci o Q? LO Q Z 69 Rr-- N CV) O M fA r N 69 EH U C 00 w �- w o Z Z Cl. is oaw U c U E c ai to �� ��ai d E m o o= -. N LL p O) O �- N F UU O C � m o � OU C - > moo= y M O O C 0 a� Oo N C a�oo yC = t v 0 0 L @ L U O = i N y N L U L 0 U N O N N 0 a d m N F m U c E c O D) O c 0 u a� <h N Z 69 N y C O O tm C @ v tm � c L o c�a II m � `o o c t c W o m U) m W � �n O ch O w O U � 0 1 w CD U 69 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 �:' GWr� dA�` Date: Eduard Director of Public Works REVIE Date: �BrY: so Ci ana er ACTIT TAKEN: ((�� n � 2 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) z Cr W y` -ls z N w .. J � 0 w (7 j. z Q r 0 In18 i I V) w J Z w 0 z Q LO O J tl N O t~- U T V 0 m T i U 3 W 1d1N31411N00 � 4 1 0 o o► Z � u {� -- -- •-- -- vir 1s 1fl _ �• wis J IF g'� W L_' J L _l N > t dNVI NI SgNll a W O d J 1 O1 a El _ m QQ U 7 0311dC 1S F--1 4 F � N � Y W N ao E::::� dONne W dllnol �� a El [a] aooc�o Hb'%, E� o � t N d x _ -- n H-111111- _� 1S d3ed3d F-I 15 1 33. 1d l� ca 1S ISIA V1101 ¢ 2 r A 3l ldn I m z Z 1 � It an _ 0 :n 0 !S dNdICN' is SICNI111 is L401ONIN.vw is Svstiv} 1S v IN tic 11 -T: ,S NCO3a= 1s is a31N3: ao 0. MIOIVONn6 :S 0NVlAydn is Q d11rIC` v is a Xaa31S a is TI N►. 3e 15 NCCl3ws is aN3ee M YO Sn:dilv�n3 - IT is OavONV.: is N : h is CSCAw: e .S a d C � S : : 1s TINicb 1S ONiA, wr VS TjSIA on -1 is 153!l�l11w 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) y W J W O 2 t N O J LL O >r u S e 3 a e 0 u c o` z d V W U. U O u a CL W� 7 NOII►IA► '3A►OON00]Y A ►N Ntl►e _ U Q W m Z Q F- F 2 VOIAIM43S Q ]A► >t ►0 `]A► wl] 4 : -3A► ]NIo O 3A► 1flNl ►w >. 3A► ►1113114110, t 3A► Ml ►1 u 3A► 31313 ►1 7A► 13Yfl ►1 G11 A]NYf1011 OY 3NJN►ty N Pf N +0. V O _Z � Q CC W Q J W 0 a F- < ,L 20 = U i- MZ �-' M T U y M Il. o A1Nf10a S3139NV SO-1 ti d0 Ally > 1 1 +'A4od3NkWIOjH4jMWN 00310 AIV, OA) c+ r QJ i � yyf Y � x J w F w w w • J J w• w Fw ► w • ► w d V W U. U O u a CL W� 7 NOII►IA► '3A►OON00]Y A ►N Ntl►e _ U Q W m Z Q F- F 2 VOIAIM43S Q ]A► >t ►0 `]A► wl] 4 : -3A► ]NIo O 3A► 1flNl ►w >. 3A► ►1113114110, t 3A► Ml ►1 u 3A► 31313 ►1 7A► 13Yfl ►1 G11 A]NYf1011 OY 3NJN►ty N Pf N +0. V O _Z � Q CC W Q J W 0 a F- < ,L 20 = U i- MZ �-' M T U 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 u N �6 fi ,D .d ' c 0 v ; o� H 0 r 4 -Q" i r 0 v w v N. u 7 W m c Y 0 D m O m O G) m F a a 0- 3©-(!) O O —1 cn N -p —I cn -n O r--l- 0 v w w (D 0 D o m o -1 U 0 CD �. O cn =23 C o cn .n cn o ° O C/) c O D � cn - m cooao c -n v D o O D O =- N m m G) c m w w o cn -k00 O cu o — co O D 00 °o G) 00 m CA) cn y o CA) -4 co co 0 _0 -� 5' : co (D (C) Cn -v N O O N D vCl) r--l- ;u -r 0 CD �. O cn =23 C o cn m O c D � cn —0) m cooao -n " co o O O 0-0 G) m ff � J N N a _O O v N } 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:++