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1997 NOV 04 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly postea ana ustea agenua «c«ib.
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.
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
Tuesday, November 4,1997 - 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)) -
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): 4- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
U ;) U
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None.
11 - 04- 97.5pm
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 behal(of their emplo>•er,
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
TIME C). a n a . n+ -
NAME�-� .
0 003
2
1 1- 04- 97.5pm
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, NOVEMBER 4,1997 - 7:00 P.M.
Next Resolution # 4044
Next Ordinance # 1283
CALL TO ORDER
INVOCATION - Rev. Dr. Harvey Kemp, United Methodist Church of El Segundo
PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin
PRESENTATIONS
ROLL CALL
0 001i
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, ana
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.
Request by Gale Segers, Chairperson of Candy Cane Lane, for the same level of City
assistance on the December 13 -23, 1997 program in the 1200 block of Acacia Avenue as in
previous years (Fiscal Impact $125 hard cost for snow materi al from budge ed account.
Recommendation - Approve request, provided that all necessary permit applications are
submitted, including any noise or sound amplification permits, and project meets
applicable City requirements. In addition, should anyone in Candy Cane Lane not
adhere to the rules and hours of use for the sound or noise permit, such permit may be
rescinded for the remainder of the applied for period, which may affect Council
approval for future years.
2. Request by the El Segundo Police Officers Association and the El Segundo Chamber of
Commerce for City support of five (5) car show events, including, among other things,
granting permission to close the 300, 400 and 500 blocks of Main Street from 3:30 p.m. to
9:00 p.m. on May 9, June 13, July 11, and September 19, 1998 and from 10:30 a.m. to
9:30 .m. on Au st 8 1998.
Recommendation - Approve the request, provided that all necessary permit
applications, evidences of insurance, notifications and related matters meet City
requirements, staffing is done by volunteers, trash is cleaned after each event, and the
traffic control plan meets with approval of the Police Traffic division prior to each
event.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title only.
Recommendation - Approval.
B. SPECIAL ORDERS OF BUSINESS -
1. Continued Public Hearing on the following proposed (Second Quarter) amendments to the
Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking
Demand Study Definition; and, a Negative Declaration of Environmental Impacts in
accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendment
ZTA 97-2 Second Quarter Amendments Annlicant: City of El Se undo
Recommendation -
1) Hold Continued Public Hearing;
2) Discussion;
3) Reading of Ordinance by title only;
4) Introduce Ordinance;
5) Schedule second reading and final adoption of Or
on November 18,199•
6) Other possible action /direction.
2
0 0��i
C. UNFINISHED BUSINESS - NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS -
Status of recruitment for 2 positions on the Community Cable Advisory Committee and 1
osition on the a ital Im rovement Advi ry Committee.
Recommendation - Schedule interviews of candidates, deliberate and make
appointments.
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 242277 - 242604 on Demand Register Summary Number 09 in total amount
of $685.637.09, and Wire Transfers in the amount of $153.557.05
Recommendation - Approve Warrant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and/or adjustments; and wire transfers from
10/11/97 to 10/27/97.
2, Cily Council meeting minutes of October 21 1997.
Recommendation - Approval.
3. Staff seeks the Council's authorization to close the City's contract with Land Forms
Landscape Construction for planting, irrigation and maintenance of the Hyperion Landscape
Buffer.
Recommendation -
1) Authorize Staff to close the City's contract with Land Forms Landscape
Construction.
2) Authorize Staff to limit payment to Land Forms Landscape Construction; and
3) Authorize Staff to hire a new landscaper to perform "Change Order 3."
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 PF Chang's China Bistro at 2041 Rosecrans Avenue, in Continental Park.
Applicant PF Chang's China Bistro. Owner: Continental Development Corporation.
Recommendation - Determine that the City does not protest the issuance of the new
ABC license; and, authorize the Director of Planning and Building Safety to approve the
Administrative Use Permit (AUP 97 -3) for the alcohol sales at PF Chang's China Bistro.
0 006
Acceptance of the construction of handicapped access ramps, bus pads and Maple Avenue
sidewalks final contract amount 81989.25).
Recommendation -
1) Accept the work as complete.
2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the
County Recorder's office.
6. Dou las S treet Edens Dn/Rai rod crossing between Alaska Avenue and Park Place.
Recommendation - Refer the construction of a grade separation for the Douglas Street
Extension to the Capital Improvement Program Advisory Committee for consideration
in next year's Capital Improvement Program.
7. Proposed salary range and class specification for the new job classification of Revenue
Inspector. Fiscal impact: Funding for the position is contained in the 1997 -98 Fiscal Year
Q12erating Budget.
Recommendation -
1) Adopt Resolution.
2) Approve Class Specification.
Award of contract for the construction of a storm drain in the 400 block of Washington Street
north of Holly Avenue, and Recreation Park Checkout Building drainage improvements
contract amount = $42,790-00).
Recommendation -
bidder, F. T. Pipeline Construction Company, in the
1) Award contract to the low
amount of $42,790.00.
2) Authorize the Mayor to sign the standard Public Works Construction Agreement
after approval as to form by the City Attorney.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS - CITY MANAGER -
1. Recommendations for selection of window supplier and general contractors to perform the
work for Phase 5 of the City's Residen ial Sound Insulation Program.
Recommendation -
1) Discussion; and,
2) Approval of recommended window supplier for Phase 5 of the El Segundo
Residential Sound Insulation Program.
3) Approval of recommended general contractors for Phase 5 of the El Segundo
Residential Sound Insulation Program.
G. NEW BUSINESS - CITY ATTORNEY - NONE
4 0 0,0
H. NEW BUSINESS - CITY CLERK -
Resolutions calling for, ordering a Canvas of, requesting County services for, and adopting
regulations for Candidates' Statements for, a Municipal Election, April 14, 1998:
1) Resolution calling and giving notice of the holding of a general municipal election.
2) Resolution requesting County services.
3) Resolution adopting regulations for Candidates' Statements.
4) Resolution ordering the Canvas of the General Municipal Election.
Recommendation -
1) Discussion.
2) Read Resolutions by title only.
3) Adopt Resolutions.
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilman Gordon - NONE
Councilman Weston - NONE
Councilwoman Friedkin - NONE
Mayor Pro Tem 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 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 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., November 4, 1997 under "Closed
Session" (if needed).
5 11 r F,
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: i c 3v 9
TIME. 5 V a Q M
NAME:
11-04-97.ag
0 009
CANDY CANE LANE
1206 E. ACACIA AVE. EL SEGUNDO, CA 90245
October 7, 1997
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn: City Manager,
Regarding the Candy Cane Lane Program for 1997.
This letter is to request your offices help with our Christmas Program on the 1200 block of
East Acacia Ave.
This year we will be discussing possibly closing off the street to car traffic during program and
having foot traffic only. If the neighbors agree, will the City have any comments or concerns
about this ??? Please call me to discuss this. (Less potential accidents if everyone were to walk.)
We would like to borrow two street barricade set ups and 6 orange poles for our program.
These items can be dropped off on the lawn at 1201 E. Acacia anytime the week of December.
Please let us know if we can return them or they can be picked up at the same location after
December 25th.
In the past the City has supplied us with (white material) snow for the end of our block.
Could we once again count on this for Friday December 5. Every year we try hard to save the
sheets but after 3 weeks of fog, rain, wind, children running on it, it gets beaten up pretty
good.
Santa has been arriving gloriously on the city Fire Truck. Could this be arranged again? We
need Santa on Sat. Dec. 13 at 7:00 PM. Last year the Police Department was very instrumental
at helping with crowd control by use of the RSVP. I was wondering if we could use the
Volunteer Police Team again to hold the crowd back during the opening ceremony - One
Hour Only 6:30 to 7:30. Should I contact the Police Department and the Fire Department for
these requests?
Edison needs the city to write a letter requesting that the street lights be turned off from Dec.
11th through Dec. 25. I think it really this makes a difference. I would love to handle this
myself but Edison won't take my word for it, they always refer me back to the city.
The neighbors of the 1200 Block of East Acacia would like to extend an invitation to all the
City Council members and City Employees to come down during Dec. 13 - 23rd with their
families and friends to enjoy the festivities.
Thank you for any cooperation, these few items really help in making the program a success.
Please call me so we can discuss these items.
Sincerely,
a e Segers
Chairperson, Candy Cane Lane ri
6408740
cc: Police Department, Fire Department
J
City of El Segundo
Inter- Departmental Correspondence
October 24, 1997
To: James W. Morrison, City Manager
From: Marlene Baker, Executive Assistant
Subject: Candy Cane Lane
Attached are memoranda from the Police and Recreation and Parks Departments
about their arrangements for this year's Candy Cane Lane. I have also been notiriea by Luc
Public Works Deaprtment and the Fire Department that there are no costs associated with the
Candy Cane Lane requests. The Fire Department will provide the Fire Truck on Saturday,
December 13, 1997 and Public Works will drop off and pick up barricades pursuant to the
request. Public Works will write a letter to Edison to request the street lights be turned off from
December 11th through December 25th.
0 011
CITY OF EL SEGUNDO
INTER- DEPARTMENTAL CORRESPONDENCE
DATE: October 16, 1997 -
TO: James W. Morrison, City Manager
FROM: Jim Fauk, Recreation and Parks Director
SUBJECT: Candy Cane Lane Request
The Candy Cane Lane committee has requested that the Recreation and Parks
Department provide them with batting to serve as snow at the end of the block.
This has been a standing request over the years, which we are prepared to provide
again this year. The cost of this material is approximately $125.00.
No additional services have been requested over what Recreation and Parks provided
for last years event.
JF:mt
0 012
City of � es'egundo
INTER - DEPARTMENTAL CORRESPONDENCE
October 23, 1997
To: James W. Morrison, City Manager
From: Tim Grimmond, Chief of P is
6
Subject: Candy Cane Lane Program for 1997
This year's Candy Cane Lane program will run from December 13th to the 23rd, 1997.
The opening ceremony will be held on December 13th at 7:00 p.m., and like last year, it
was requested that the police department provide RSVP personnel.
Candy Cane Lane representatives are also discussing the possibility of closing off the
1200 block of E. Acacia Ave. to vehicular traffic as a safety precaution to pedestrians.
Opening Ce, remonY Manpower: 6:30 p.m. to 7:30 p.m.
Police Resources:
Request to close street:
AFA/afa
Two RSVP personnel
Not opposed
0 rM I -
El Segundo Police Officers Association
o�%Cc Fhc
.• ""'"�0 348 Main Street El Segundo, California 90245 (310) 322 -9114 Fax (310) 640 -8
1
* it
October 17, 1997
Dear Mayor Jacobs and Members of City Council.
The El Segundo Main Street Cruising Association, comprised of the El Segundo
Police Officers Association, the El Segundo Chamber of Commerce, and El Segundo
Main Street Merchants, would like to thank you for granting approval for the car show
event held on September 20th, 1997. We had nearly 300 cars arrive for show and an
estimated 3000 spectators. The event was a great success with no complaints
received at the Police Department or the Chamber of Commerce. We met our goals of
bringing exposure and business to the downtown area and to the City of El Segundo
as a whole.
We would now ask for your approval to hold car show events at the following locations
and on the following dates and times;
May 9, 1998, "Respect for Law Enforcement Cruise" to be held from 4:00 pm
to 8:00 pm on the 300, 400, and 500 blocks of Main Street Actual street closure
time would be 3:30 pm to 9:00 pm.
June 13,1998, "Local Car Clubs Cruise" to be held from 4:00 pm to 8:00 pm
on the 300, 400, and 500 blocks of Main Street. Actual street closure time
would be 3:30 pm to 9:00 pm.
July 11, 1998, "Elvis Cruise" to be held from 4:00 pm to 8:00 pm on the 300,
400, and 500 blocks of Main Street. Actual street closure time would be 3:30
pm to 9:00 pm.
August 8, 1998, "The Big Main Street USA Cruise" to be held from 12:00 pm
to 8:00 pm on the 100 to 600 blocks of Main Street. Actual street closure
time would be 10:30 am to 9:30 pm.
September 19, 1998, "Endless Summer Cruise" to be held from 4:00 pm to
8:00 pm on the 300, 400, and 500 blocks of Main Street. Actual street closure
time would be 3:30 pm to 9:00 pm.
The ESPOA and ESCC is asking the Council to permit us to close the street as listed
above to normal traffic via City slvn to use the City Hall Plaza area fordnon -fn cones.
We would also request perm non-food
u (14
venders, parking, or entertainment. We request for Council to waive any costs to the
city for these car show events. Street Department costs are estimated at $100.00 per
event, based on other events such as the soap box derby.
The ESPOA and ESCC will purchase liability insurance for each event and a copy of
the policy will be provided to the City Attorney. ESPOA and ESCC volunteers will set
up and remove all barricades and cones for each event, plus we will clean any trash
remains left behind after each event. All restroom facilities will be provided by the
local businesses.
ESPOA and ESCC volunteers will staff the event and make all necessary notifications
to the Police Department, Fire Department, M. T. A., Street Department, neighboring
residents and Main Street businesses. Traffic control plans for each event will be
provided to the Police Traffic division for approval prior to all events.
We request the Council's support and permission to implement these events which will
be beneficial to the El Segundo Community.
ESPOA President
J. P.-Sellens
ESCC President
Bill Mason
0 Ol 5
City of El Segundo
Inter - Departmental Correspondence
October 29, 1997
To: J. O. Wayt, Acting Chief of Police
From: Al Graham, Traffic Sergeant
Subject: Main Street Cruise Park and Show
The El Segundo Police Officer's Association in conjunction with the El Segundo
Chamber of Commerce are planning several Car Cruises for the next fiscal year.
The car shows will highlight classic and pre -1975 cars and trucks. The event will
be held in the 300 and 400 blocks of Main Street, which will be barricaded and
manned by volunteer staff. Emergency vehicle access would not be impacted as
the #one traffic lanes of both north and south bound Main Street will be kept
clear.
Traffic control plans meet with approval of the Traffic Division. Prior to each
event, members of the above agencies shall meet with the Traffic Division
Commander to insure that all is in order and proper notifications have been
made.
EVENT MANPOWER
Police: Volunteer Staff
Street Department: $100.00 per event
AG /sn
0 016
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4,1997
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Continued Public Hearing on the following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking
Covenants, 2) Sound Transmission Control, and 3) Parking Demand Study Definition; and, a Negative
Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408A and Zone Text
Amendment ZTA 97 -2A, Second Quarter Amendments. Applicant: City of El Segundo.
RECOMMENDED COUNCIL ACTION:
1) Hold Continued Public Hearing;
2) Discussion;
3) Reading of Ordinance by Title only;
4) Introduce Ordinance;
I adoption of Ordinance on November 18, 1997;
5) Schedule second reading and fina
6) Other possible action /direction.
INTRODUCTION AND BACKGROUND:
On October 21, 1997, the City Council held a public hearing (continued from August 4, 5, 19, and September 16,
1997). The three remaining topics, as listed above, have been renumbered from EA -408, GPA 97 -2, ZTA 97 -2, and
ZC 97 -2 which was the larger portion of the second quarter amendments approved by the Council on September 16,
1997 (Ordinance No. 1279). There are no Zone Changes or General Plan Amendments as part of these remaining
topics. The Council reviewed the proposed amendments and directed staff to prepare an Ordinance for approval of
two of the remaining three topics (Parking Covenants and Parking Demand Study Definition) from the second
quarter amendments package. The City Council also recommend that the regulations for Sound Transmission
Control be deleted from the El Segundo Municipal Code instead of being relocated from Title 20 to Title 16 of the
Municipal Code as originally proposed.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Ordinance No.
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
None. Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No-
ORIGINATED: Date: October 24, 1997
1
Br B. Bernard, AICP, Director of Planning and Building Safety REVIEWED BY: Date: -7
W. Morrison, C
N TAKEN:
p Azoning\ea4UBa\ea4uaa -z.ais
0 r� a
EA408A/ZTA 97 -2A
City Council Staff Report
November 4,1997
DISCUSSION:
On September 16, 1997, the City Council directed staff to continue the discussions on Parking Covenants, in order
to provide additional time for the City Attorney to respond to a letter from Continental Development Corporation
requesting additional revisions to the Parking Covenant regulations; and Sound Transmission Control,
until the
October 21, 1997 City Council meeting. Council also directed staff to amend the Parking Demand Studies portion
Of the Zone Text Amendments (which changes were adopted with Ordinance No. 1279) and to bring back a definition
of a Parking Demand Study. Additionally, as Staff previously indicated to the City Council in a memo dated October
7, 1997, a Parking Demand Study form, to provide applicants with all the criteria required for a Parking Demand Study,
is currently being developed by staff and will be provided upon completion.
The following discussion provides a brief background of each of the three proposed Amendments, together with a
discussion and the final recommended changes. A brief summary of the City Council's original direction for the
Amendment is shown at the beginning of each subject in bold type.
1.
Parking -Covenant - Revise off -site parking covenant requirements to provide a maximum 90 year time
limit for the covenant (ZTA).
On October 21, 1997, the Council considered and accepted the following revisions to the requirements for Parking
Covenants, based on discussions between the City Attorney, staff and Continental Development Corporation
representatives:
1) 20.54.080A Staff proposes allowing parking covenants for off -site parking with fewer than ten (10)
parking spaces to be approved administratively by the Director of Planning and Building
instead of the Planning Commission. This would provide flexibility for staff to approve small
changes in use which may require a few extra parking spaces.
2) 20.54.080A Despite Continental Development Corporation's earlier request, staff still recommends
parking covenants be recorded prior to issuance of a Building Permit instead of prior to
issuance of a Certificate of Occupancy.
3) 20.54.080B1 Staff has expanded the use of joint parking arrangements by removing the 50% maximum
in the current Code and eliminating the criteria that the uses be daytime versus nighttime
uses. There my be other circumstances which warrant joint use parking that would be
prohibited by the daytime versus nighttime restriction.
4) 20.54.080B3 Staff recommends deleting this Section in its entirety. Deleting the Section would eliminate
the repetitive language and resolve issues dealing with subservient title. Staff is confident that
each request for a parking covenant can be reviewed under the authority of the language in
the proposed text by Staff and the City Attorney to ensure that the intent of the Zoning Code
to provide sufficient parking for the off -site uses will be maintained. Staff also feels there may
be instances in which parking covenants should be granted for periods of time less than
ninety years, thus the originally proposed ninety year time limit on parking covenants has
been deleted.
2, found Transmission Control - Move Sound Transmission Control regulations to Title 16 of the El
Segundo Municipal Code and revise standards (ZTA).
The Council reviewed the proposed amendments to the Sound Transmission Control regulations and directed staff
to eliminate the entire set of regulations from the Zoning Code. The Council determined that the construction standards
contained in the regulations should be voluntary and not required for new construction in the noise impacted areas
of the City. Council directed staff to transform the construction standards from regulations to informational material
that can be given to homeowners who are remodeling or building new homes in the impacted areas. Staff is currently
preparing this information packet, as well as a "disclaimer" form, for applicants to complete if they choose not to
provide noise insulation.
0 018
EA40BA/ZTA 97 -2A
City Council Staff Report
November 4, 1997
3. Parkina Demand Study Definition - Create a new definition for Parking Demand Studies. (ZTA).
On September 16, 1997, the City Council directed staff to develop a definition of a Parking Demand Study to be used
in conjunction with the revisions to the requirements for Parking Demand Studies adopted with the first half of the
second quarter amendments (EA -408) on September 16, 1997. Then, on October 21, 1997, the Council considered
and accepted the draft definition of Parking Demand Study prepared by staff.
An Initial Study/Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may
be caused by the proposed regulations. Since a Negative Declaration requires a minimum 20 -day public notice and
circulation period, based on the direction and recommendations from the Planning Commission on the General Plan
and Zone Text Amendments and the Zone Map changes for EA -408 which included a review of the three topics
Continued until tonight, the City proceeded with the required environmental review process for the proposed
Amendments, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No. 3805,
after the Planning Commission adopted the Resolution with their recommendations. The draft Initial Study / Negative
Declaration of Environmental Impacts for EA -408 was circulated for the 20 day public and agency review period from
July 17th to August 4th, 1997, and no comments were received on the document. The Negative Declaration of
Environmental Impacts, which 'indicates there will be no environmental impacts associated with the three items which
make up the Continued second quarter Zone Text Amendments, (EA- 408A), was adopted with Ordinance No. 1279
on October 7, 1997, as part of the first seven General Plan Amendment, Zone Text Amendment, and Zone Change
of EA -408.
p:\zoning \ea- 408a \ea408a -2.ais
0 01 q
ORDINANCE NO. —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT
NO. EA -408A AND ZONE TEXT AMENDMENT ZTA 97 -2A AMENDING
VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) OF THE EL
SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL
SEGUNDO.
WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010;
and,
WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a
complete and adequate document in accordance with the authority and criteria contained in the California Environmental
Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act
and adopted a Statement of Overriding Consideration; and,
WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of
Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning
Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the
Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and,
WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting
a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and,
WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text
and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and,
WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan
Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate
processing the proposed amendments; and,
WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four
times during any calendar year pursuant to Government Code Section 65358; and,
WHEREAS, General Plan Amendment GPA 97 -2 is the second amendment processed and proposed for 1997;
and,
WHEREAS, an Environmental Assessment (EA -408), including a Draft Initial Study and Negative Declaration
of Environmental Impacts for the proposed General Plan Amendment, Municipal Code, Zoning Code, and Zoning Map
revisions, has been prepared and circulated to all interested parties, Staff, and affected public agencies for review and
comment in the time and manner prescribed by law; and,
WHEREAS, on April 24, May 8 and 22, and June 12, 1997, the Planning Commission did conduct, pursuant
to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map,
and notice was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution
No. 2393 on June 12, 1997 recommending approval of the proposed amendments; and,
1 0 n20
WHEREAS, on August 4, 1997, the City Council did hold, pursuant to law, a duly advertised public
workshop/hearing on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was
given in the time, form and manner prescribed by law and the public hearing was continued until August 5, 19 and
September 16, 1997; and,
WHEREAS, on September 16, 1997 the City Council did adopt Ordinance 1279, approving a portion of the
second quarter amendments (EA -408, GPA 97 -2, ZTA 97 -2, ZC 97 -2); the remaining portion of which is addressed by
EA -408A and ZTA 97 -2A; and,
WHEREAS, the proposed Zone Text Amendment for Sound Transmission Control, Parking Covenants, and
Parking Demand Study were discussed on September 16, 1997; and, Continued for further consideration to October 21
and November 4, 1997; and,
WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against
EA -408A and ZTA 97 -2A, the revisions to the Zoning Code; and,
WHEREAS, at said hearings the following facts were established:
1. The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the
development standards and other zoning and General Plan requirements in order to address concerns raised by
the community about the future development of the City in furtherance of the general welfare of the City.
2. State law requires that zoning be made consistent with the General Plan.
NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed
Environmental Assessment EA -408A and ZTA 97 -2A, the City Council finds as follows:
1. The proposed Zoning Code Amendments are consistent with the 1992 General Plan.
The proposed Zoning Code Amendments are consistent with the existing Zoning Code.
The Draft Initial Study for EA-408 included a full analysis of the potential impacts associated with proposed
Zone Text Amendments continued as part of EA -408A. This Draft Initial Study was made available to all local
and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial
Study concluded that the proposed project will not have a significant adverse effect on the environment, and a
Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality
Act (CEQA) and adopted by the City Council on September 16, 1997 (Resolution No. 1279); and,
2. That when considering the whole record, there is no evidence that the project will have the potential for an
adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -
out urban environment; and,
That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies
a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of
Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the
2 0 021
applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the
filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory
requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required
notices and fees are filed with the County.
NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA -408A and ZTA
97 -2A, and adopts changes to the El Segundo Municipal Code as follows:
SECTION 1. Section 20.08.245 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition
of CNEL (Community Noise Equivalent Level), is hereby repealed in its entirety.
SECTION 2. Section 20.08.305 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition
of dB, is hereby repealed in its entirety.
SECTION 3. Section 20.08.400 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition
of FAA, is hereby repealed in its entirety.
SECTION 4. Section 20.08.445 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition
of Group R Buildings, is hereby repealed in its entirety.
SECTION 5. Section 20.08.623 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code
to read as follows:
20.08.632 PARKING DEMAND STUDY
"Parking demand study" means an analysis of the total number of parking spaces required in order
to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any
given time. The analysis shall consider parking required for all employees, occupants, clients, and
visitors.
SECTION 6. Section 20.54.080 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to
read as follows:
20.54.080 JOINT USE AND OFF -SITE PARKING FACILITIES.
All parking spaces shall be located on the same lot or building site as the use for which such spaces are
required, except within the boundaries of the Smoky Hollow Specific Plan (see Section 20.54.130),
provided, that such parking spaces for non - residential uses may be located off -site on a different lot or
lots, subject to a parking covenant approved by the Planning Commission, which shall be recorded in
the office of the County Recorder, prior to the issuance of any Building Permits; and, may include such
conditions as the Planning Commission may impose. Off -site parking for fewer than ten (10) parking
spaces, shall be subject to approval of the Director of Planning and Building Safety, subject to a parking
covenant, which shall be recorded in the office of the County Recorder; and, may include such
conditions as the Director of Planning and Building Safety may impose. This off -site parking may
include the joint use of off -site and on -site parking spaces by mutually exclusive uses.
SECTION 7. Chapter 20.58 of the El Segundo Municipal Code, entitled Sound Transmission Control, is hereby
repealed in its entirety.
SECTION 8. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the fina:
passage and adoption hereof.
3
0 022
SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same
to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in
the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or
adoption thereof cause the same to be published or posted in accordance with the law.
ATTESTED:
Cindy Mortesen
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
PASSED, APPROVED AND ADOPTED this _ day of , 1997.
Sandra Jacobs, Mayor
of the City of El Segundo,
California
p Azoning\ea408a\a408a.ord
4 0 023
MEETING: November 4, 1997
ATO THE EL GENDA ITEM STATEMENT COUNCIL AGENDA HEADING: COMMITTEES
AGENDA DESCRIPTION: Status of Recruitment for 2 positions on the Community Cable Advisory
Committee and 1 position on the Capital Improvement Program Advisory Committee.
RECOMMENDED COUNCIL ACTION: Schedule Interviews of candidates, deliberate and make
appointments.
INTRODUCTION AND BACKGROUND:
_ __ — - ,..,.x. rr ounr_v AM AnVISORY COMMITTEE• (4 Yr Term - No Term Limitation)
(2 Bus. /3 Residents)
Meets: Jan. Thru May, each year, bi- weekly or as needed, 7 pm, City Hall, 350 Min a t 12/01/94 - 11/30/98
1. Eugene J. Gillingham (re-paid 1130195 1- 1st full term) �11 TERM: 12/01/93 - 11/30/97
2. A.J. Paz (reapptd 912"3 to1srfull term) R TERM: 12/01/96 - 11/30/00
3. John G. Gaines (apptd joB196is1st y,un -) TERM: 12/01 /95 - I1/30/99
4. Mike Rotolo (apptd 211b96 jo 1st ar tern) �Rj TERM: 12/01/95 - 11/30/99
5. Harry A. Reeves(apptd 1112193 to unexpired tern: reappid 2112196 full term)
--.—"Tr-i7TV !`ART.r AnVIRORY COINIMITTEE- (4 Yr Term - No Term Limitation) (All
Residents) (Emir, new committee appointed 11114194 - am88ered terms)
Meets: quarterly in Feb., May, Aug., Nov., 7 pm, Joselyn Center, 339 Sheldon St. EXPIRES: 10/31/98
1. David W. Reeves n 1- 14 -94; 4 n ter ml TERM EXPIRES: 10/31/97
2. Jeanne M. Yeagley 111- 14-94; 3 rr TERM EXPIRES: 10/31/97
3. Marc F. Rener [11- 14- 94;3yrtesm] TERM EXPIRES: 10/31/00
4. Patricia Ann Hart (reappld !018196 to 1st .lrtertn) TERM EXPIRES: 10/31/99
5. John C. Miller (Darin) (appid 2112196 joist a r term)
Council Representative: Mayor Sandra Jacobs
DISCUSSION: The recruitment for these positions remains open, and currently being advertised on our
community cable, on our water bills and in the community calendar of the El Segundo Herald, when space
available.
EL SEGUNDO COM;bf7T":iT 'A VI R MMITTEE: Three candidates, Joseph Pinchuk,
a September 13 1997 Incumbent Rener is now available
Dawn Wendl and Chad c;ere>ZO, were ullGlv►owcu �__ ��r��•••�_. __, __ _
to be interviewed.
CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: Candidate Afshar was interviewed
for this committee and a pporated by the City Council to the Senior Housing Corporation Board on September
13, 1997. Incumbent, A. . Paz and Candiate Seapara are now available to be interviewed.
ATTACHED SUPPORTING DOCUMENTS AND WHO PREPARED THEM: none
FISCAL IMPACT: N/A
ORIGINATOR: Julia Abreu- Mason, Council Assistant
BY: James W. Morrison, City Manager
pa nkcDVOmmV -n=N. n97
Date: October 24, 1997
Date: October 24, 1997
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10111/97 THROUGH 10/27/97
Date Payee Amount Description
10/17/97 IRS 128,880.65 Federal Payroll Taxes P/R # 8
10/17/97 Emp. Dev. Dept. 24'250. Emp. Bond Payroll
Purchase P/R # 8
10/21/97 Federal Reserve
Total by Wire: 153,557.05
DATE OF RATIFICATION: 11/04/97 TOTAL PAYMENTS BY WIRE: 153,557.05
Certified as to the accuracy of the wire transfers by
� Date /
2`
City Treasurer /:
Fina
City
Date
Date/c/9
0 0 ?F
MINOTEB of THE
ADJOURNED REGULAR MEETING OF 1 HE E 5.00 P.M.
CITY COUNCIL
Tuesday, October
CALL TO ORDER Mayor Jacobs at 5:00 P.M.
PLEDGE OF ALLEGIANCE - Mayor Pro Tern Wemick
ROLL CALL
Mayor Jacobs
Mayor ProTem Wernick
Councilman Gordon
Councilman Weston
Councilwoman Friedkin
- Present
- Present
- Present
- Present
- 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 behaV 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 $230. NONE
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law,
including the Brown Act (Government Code §54950, 9_1 M.) 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 TIGATION9 (Govt Code §54956.9(x))
Mosleh and Greffon v. City of El Segundo, Case
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -3- potential cases (no further -
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): _
16- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None.
CONFERENCE WITH CITY'S ROPERTY NEGOTIATOR (Gov't C Code §54956)8) None.
CNFERENCE WITH REAL Meet with
Negotiator regarding negotiations to lease or purchase City owned -land adjacent to the property owned by
Project One -Fifty and known as 150 S. Sepulveda Boulevard, which consists of approximately forty one
thousand three hundred forty (41,340) square feet, as Parcel of LosAngeles?State of California, and
207, Page 58, in the office of the County Recorder of the County
which property is currently leased to Project One -Fifty for a term ending January 31, 2005.
REPORT OF ACTION TAKEN IN CLOSED SESSION NONE
ADJOURNMENT at 6:55 P.M.
y Mortesen, City Clerk
1az1.0.spm
i
MINUTES OF THE
REGULAR NEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 21, 1997 - 7:00 P.N.
Next Resolution # 403
Next Ordinance # 1282
CALL TO ORDER Mayor Jacobs at 7:10 P.M.
INVOCATION - Rev. Bonnie Wulff, Living the Inner Light Foundation
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Wernick
PRESENTATIONS
ROLL CALL - Present
Mayor Jacobs Present
Mayor ProTem Wernick _ present
Councilman Gordon Present
Councilman Weston present
Councilwoman Friedkin
City Attorney Mark Hensley announced Councils decision to pursue
Litigation against Kilroy Airport Associates.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit
per person, 30 minute limit total) individuals who have received value of $30 or more to com
r municate to
t
the r 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 $2S0 Five (5) individuals addressed
Council
1.Mildred Rowley, 4427 Valley; spoke regarding the sewer malfunction on her street and stated
the City did fix some items and told her it may be a County problem. She still feels it is the City's
responsibility.
City Manager Jim Morrison, stated the City fixed over and above what is their responsibility and the
lateral line serving her property is the owners responsibility.
arose
MOVED by Councilman Weston SECONDED ED BY HE FOLLOWING VOICE VOTE. AYES•
after the posting of the agenda. MOTION PASS
MAYOR JACOBS, MAYOR PROTECM WERILN F IILM N q` 1ESTON AND
COUNCILMAN GORDON. NOES. WOMAN
Council directed staff to determine the problem, determine who is responsible and if it is the owners
responsibility help her to obtain some financing to correct the problem, if it is the city's problem the city
shall fix it.
2. Dorothy Kent, 909 Dune; spoke regarding airport matters and expansion project.
3. Liz Garnholz, resident; spoke regarding item J -1, Councilman Gordon.
1
0 02P
4. Loretta Frye, resident; spoke regarding the Gordon Report and stated she would like to receive
it.
5.Steve Storm, resident, spoke regarding the sewer problem on Valley Street and suggested
filming the pipes.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to read all ordinances
and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE
5/0
B. SPECIAL ORDERS OF BUSINESS -
1. Continued public hearing on Environmental Assessment EA -401 and Precise Plan
Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and
831, 870 & 871 South Nash Street, related to the theaters and adjacent retail /office
building. The request is to allow the following: 1) Amendment of the Precise Plan land
uses to conform with the current code for the underlying zone: the 'Urban Mixed -
Use South (MU -S) Zone;' 2) Amendment of the Precise Plan development standards
to conform with the current code for the underlying zone: the 'Urban Mixed -Use
South (MU -S) Zone;' and 3) Amendment of the Precise Plan to provide for minor
modifications to the requirements of the Precise Plan by the Director of Planning and
Building Safety. These three requests were continued for approximately 30 days from the
September 16, 1997 City Council meeting at the request of the applicant and staff.
Applicant: Continental Development Corporation, Mr. Jerry Saunders.
Mayor Jacobs stated this is the time and place hereto fixed for a Continued public hearing on
Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P.
12 -72) for 2041 Rosecrans Avenue and 831, 870 & 871 South Nash Street, related to the theaters and
adjacent retail /office building. The request is to allow the following: 1) Amendment of the Precise Plan
land uses to conform with the current code planedevelounderlying
ent standards 'Urban
conform withetheSouth
(MU -S) Zone;' 2) Amendment of the Precise P
current code for the underlying zone: the 'Urban Mixed -Use South (MU -S) Zone;' and 3)
Amendment of the Precise Plan to provide for minor modifications to the requirements of the
Precise Plan by the Director of Planning and Building Safety. These three requests were continued
for approximately 30 days from the September 16, 1997 City Council meeting at the request of the
applicant and staff. Applicant: Continental Development Corporation, Mr. Jerry Saunders. She asked if
proper notice had been done and if any written correspondence had been received. Clerk Mortesen stated
that proper noticing had been done and no written communications had been received by the City Clerk's
Department.
No individuals addressed Council on this matter.
MOVED by Councilwoman Friedkin SECONDED by Mayor
UNANIMOUS VOICE VOTE, 5/0
hearing to December 16, 1997 at 7:00 P.M. MO TION PASSED
2
0 029
2. Continued public hearing on the following proposed (Second Quarter) amendments to the
Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking
Demand Study Definition; and, a Negative Declaration of Environmental Impacts in
accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendma
ZTA 97 -2A, Second Quarter Amendments. Applicant: City of El Segundo.
Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on the
following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking Covenants, 2) Sound
Transmission Control, and 3) Parking Demand Study Definition; and, a Negative Declaration of
Environmental Impacts in accordance with CEQA Environmental Assessment
of El Segundo. and She asked if
f
Amendment ZTA 97 -2A, Second Quarter Amendments.
proper notice had been done and if any written communications had been received. Clerk Mortesen stated
that proper noticing had been done and no written communications had been received by the City Clerk's
Department.
No individuals addressed Council.
MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to remove the Sound
Transmission Control section from the code, and have it be provided in packet form as a guide line to
owners in the zone. Also a form should be developed to state that the house if the owner chooses, will no
longer be available for RSI monies if no sound installation is done during remodels. MOTION PASSED
BY UNANIMOUS VOICE VOTE 5/0
MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to approve the Parking
Demand Study as presented. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MOVED by Mayor ProTem Wernick SECONDED IANIMOUS VOICE VOTE. 5 /pprove the Parking
Covenants as presented. MOTION PASSE D
MOVED by Councilwoman F 7:0100 SECONDED
P.M. to November 4, 1997 at OTION PASSED BY UNANIMOUS VOICE VOTE 5/0
Staff directed to return November 4, 1997, with an Ordinance for first reading.
C. UNFINISHED BUSINESS -
1. Second reading and adoption of an Ordinance of the City Council repealing sections of
Chapter 2.09, Regulations of Campaign Contributions, from the Municipal Code and
replacing sections of Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure
Ceiling ("VEC') in light of recent State regulations (Proposition 208).
City Attorney Mark Hensley read the following:
ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA REPEALING SECTIONS OF CHAPTER 2.08 OF THE EL
SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN
3
0 030
CONTRIBUTIONS AND ADOPTING SECTIONS MUNICIPAL ELECTIONS
VOLUNTARY
EXPENDITURE CEILING FOR ALL
MOVED by Mayor ProTem Wernick SECONDED by Councilwoman nntr edki nto adopt
therdinan pNo
1278 repealing sections of Chapter 2.09, Regulations of Campaign Expenditure uncip
Code and replacing sections � PASSED BY UNANIMOUS establishing a
5/0
oluntary
Ceiling ("VEC "). MOTION P
2. Second reading and adoption of an the Standardized Emlergency Management System. City Council's decision to adopt
City Attorney Mark Hensley read the following:
ORDINANCE NO. 1282
AN ORDINANCE OF THE CITY COUNCIL 1 0 OF THE EL OF EL S O UNDO,
CALIFORNIA AMENDING SECTION
MUNICIPAL CODE RELATING TO DISASTER PREPAREDNESS EMERGENCY
PLAN
MOVED by Councilman Weston SECONDED by Councilman Gordon to adopt Ordinance No. 1282
amending the City's Municipal Code to reflect the VOICE VOTE 5 0 Standardized
Emergency Management System. MOTION PA SSED BY UNANIMOUS
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call
for discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
1. Warrant Numbers 241921- 242276 on Demand Register Summary Number 08 in total
amount of $911,054.85, and Wire Transfers in the amount of $1,045,253.46.Ratify:
Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and/or adjustments; and wire transfers from 09/24/97
to 10/10/97.
2. City Council meeting minutes of October 7, and October 11, 1997.
3. Authorize stop signs for northbound and southbound Virginia Street at Walnut Avenue.
Adopt Resolution No. 4040.
4. Adoption of plans and specifications for the trenchless rehabilitation of a 12" sewer main
in the easement west of Main Street, between Oak Avenue and Maple Avenue. Project
No. PW 97 -19 (estimated cost = $55,000.00). Authorize staff to advertise project for
receipt of construction bids.
4 0
03!
5. Adoption of Resolution No. 4041, pursuant to City Council direction on October 7, 1997,
denying the applicant's appeal, thereby upholding the Planning Commission's decision to
confirm the determination of the Director of Planning and Building Safety for
Administrative Determination 97 -17, that the proposed warehouse and distribution
operation of the applicant's company, Leader Mutual Freight Services, Inc., is a "freight
forwarding' use which requires approval of a Conditional Use Permit and not a
"warehouse and distribution use' which would be a permitted use in the Small Business
(SB) Zone at 120 Standard Street. Applicant and Appellant: Mr. Allen Cheng (Leader
Mutual Freight Systems, Inc.). Property Owners: Dierk Hagemann.
6. Award bid #9709 to Hoffman Video for the amount of $18,220.74, for a four - camera,
remote - controlled video system to be installed in the City Council Chambers.
7. Approve Contract No. 2556 with Hannah Brondial Bowen, an independent professional
planner, to provide full -time interim Planning staff support services for the Planning
Division of the Planning and Building Safety Department, authorize budget transfers within
the Planning and Building Safety Department, and approve waiver of formal bidding.
(Fiscal impact: Approximately $90,000 annually).
8. Request from DIRECTV to install a temporary banner (80' x 80' - 6,400 square feet total),
to thank their customers. The sign would be located on the North side of their building at
2320 East Imperial Boulevard, and would be in place for the first two weeks in November.
Applicant: DIRECTV.
9. Staff response to alleged hazard of using fiber glass insulation in residential constructio-
10. Award Contract No. 2557 to Ralph Andersen & Associates for Management Audit of the
City's Finance Department to Ralph Andersen & Associates in the amount of $23,750.
Contract Amount, $23,750.00.
11. Adopt Resolution No. 4042 proposing a salary ranges and class specification for the new
job classification of Building Permit Specialist UII, and authorize the Human Resources
Department to initiate the recruitment, testing and selection process necessary to fill the
position. Fiscal Impact: Funding for the positions is contained in the 1997 -98 Fiscal Year
Operating Budget.
12. Adopt Resolution No. 4043 proposing a salary range and class specification for the new
job classification of Information Systems Manager, and authorize the Human Resources
Department to initiate the recruitment, testing and selection process necessary to fill the
position.. Fiscal Impact: Funding for the position is contained in the 1997 -98 Fiscal Year
Operating Budget.
MOVED by SECONDED by to approve Consent Agenda items numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM THE CONSENT AGENDA
5
0 032
2. City Council meeting minutes of October 7, and October 11, 1997.
MOVED by Councilman Gordon SECONDED by Councilwoman minutes AYES
the October 7, 1997 meeting. MOTION PASSED BY TH E FOLLOWING DICE VOTE
MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON.
COUNCILWOMAN FRIEDKIN . NOES: NONE. ABSTAINING: MAYOR JACOBS. 4/0/1
MOVED by Mayor ProTem Wernick SECONDED by Councilman
VOICE VOTE. 5 /Opprove the minutes of
October 11, 1997. MOTION PASSED BY UNANIMOUS
F. NEW BUSINESS - CITY MANAGER -
1. Consider the option of retiring the Library Certificates of Participation (COP). Fiscal
Impact: A savings of $694,000 e interest 450 0000 otrustee nterest that would be earned on the f the
debt will be offset by an estimated
that would be used to pay the certificates off over time. The net effect on reserves at the
end of the remaining ten years left on the life of the bonds is an increase of approximately
$250,000.
MOVED by Councilman Weston SECONDED by Councilwoman Friedkin to authorize staff to take
the necessary action to retire the 1988 Library Certificates of participation, effective January 1, 1998.
MOTION PASSED BY UNANIMOUS VOICE VOTE
1. Target Industry List Modifications.
Directed staff to add Corporate Headquarters, weight categori es, expand definitions, include a colored
overlay map of the zoning code so a company can identify with the area appropriate for their location.
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 -
1. Discussion and possible action regarding removal of Planning Commissioner
Charles O'Hearn and appointment to fill resulting vacant position.
Item Withdrawn.
Stated that Legislature has passed a Bill returning Fines and Forfeitures to Cities.
Councilman Weston -
POWMA flag that is on the dias was donated by the Veterans of Foreign Wars, Hawthorne.
Councilwoman Friedkin -
Reported on meetings she has attended.
6
0 033
Mayor Pro Tem Wernick -
Reported on the League of California Cities Convention.
Mayor Jacobs -
Spoke regarding the Friends of the Library 25 year Celebration.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals Who have
received value of s5o 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. One (1) individual addressed Council
1.Lorretta Frye, resident; spoke regarding volunteer services and the school joint use agreement.
Requested Council not to use their Title in endorsements.
MEMORIALS Marian Grant, long time resident of El Segundo
CLOSED SESSION NONE
ADJOURNMENT at 9:04 P.M. to November 4, 1997 at 5:00 P.M.
i'
Cindy esen, City Clerk
7
n 0 '1 A
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: 21 October 1997
AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Staff seeks the Council's authorization to close the City's contract with Land Forms Landscape Construction for
the planting, irrigation and maintenance of the Hyperion Landscape Buffer. —
RECOMMENUtU
1. Authorize Staff to close City's Contract with Land Forms Landscape Construction;
2. Authorize Staff to limit payment to Land Forms Landscape Construction; and,
3. Authorize Staff to hire a new landscaper to perform "Change Order 3 ".
BACKGROUND:
On 16 September 1994, the City entered into a memorandum of understanding with the City of Los Angeles
titled the "Hyperion Landscape Agreement" (Attachment (15)) wherein the City of Los Angeles provided
$210,000 to provide a landscape buffer on the dunes between the Hyperion Water Treatment Plant and Dune
Street residents of El Segundo. The Landscape Agreement served, in part, to mitigate prior loss of vegetation
that occurred due to construction at the plant.
(Continued on next page.)
ATTACHED SUPPORTING DOCUMENTS:
1. Chronology of City /LFLC interaction.
2. Notice of 29 April 1997, to LFLC regarding City's dissatisfaction with maintenance of landscape site.
3. FAX of 9 May 1997, addressing LFLC's non - responsiveness to City tasking.
4. Punch List of 13 May 1997, for LFLC, preparatory to closing -out contract.
5. LFLC's letter of 20 May 1997, explaining that time will be needed to restore the site to an acceptable
condition. Time cards were enclosed by which the City determined when work was performed on site.
6. FAXed status report of situation provided to LFLC on 21 May.
7. 30 May 1997, table of LFLC's reported work at the landscape site.
g. LFLC's letter of 2 June 1997, acknowledging City's approval to finish project.
(Continued on next page.)
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget: n.a.
Amount Requested: — $4,600
Project/Account Budget: $126,343,73/$210,000
Project /Account Balance: $5 400 /approx $50 000 Date: 1 October 1997
Account Number: 117 -400- 8602 -6206
Project Phase: Proiect acceptance as comblete
Appropriation Required - Yes X No
ey G. Hold�Special , oje cts Coordinator
Bret . Be ard,
/,_V� `-
rk�iensley,
t,/pli1_s.agr
)r of Planning and Building Safety
City Attorney
n. City Manager
ate:
0 03:
G OCUM S (continued):
9. LFLC's 24 July 1997, request for final walk- through.
10. RBF's 7 August 1997, contract close -out punch list.
11. RBF's 18 September 1997, contract close -out punch list.
12. City's last Progress Payment report regarding LFLC, dated 27 September 1996.
13. LFLC's invoice of 30 September 1997.
14. RBF's 22 October 1997 letter verifying that all landscape and irrigation work has been completed.
15. Hyperion Landscape Agreement Memorandum Of Understanding.
BACKGROUND (continued):
At its meeting of 15 April 1997, the City Council approved the expenditure of not more than $7,500 for additional
planting (Change Order 3) by Land Forms Landscape Construction (LFLC) in the Hyperion Landscape area.
The proposed planting consists of 150, 5 gallon Myoporum shrubs, 25, 15 gallon Eucalyptus trees and includes
six months of maintenance. The City has had continuing difficulty in motivating LFLC to comply with its contract
(Attachments (1) through (11)). The issue of whether or not to give LFLC the work described in Change Order
3 should be reassessed.
WT
DISCUSSION A R OMMEN TIONS:
By its contract with the City, Land Forms Landscape Construction (LFLC) is required to maintain the landscaped
area continuously for 24 months. According to pay records LFLC provided the City at staffs request
(Summarized at Attachment (7)), LFLC did not work at the landscape area between 26 October and 5
December 1996. That is, LFLC skipped the month of November. Additionally, no LFLC employee worked at
the landscape site from 1 January until 6 February 1997, skipping the month of January. The Contract does not
state that LFLC perform some given amount of work monthly. It states that, "The Contractor shall continuously
maintain all areas involved in this Contract during the progress of the work and during the maintenance period
until final acceptance of the work by the Owner or his authorized representative." Complaints were forwarded to
LFLC by the City regarding geysers from broken irrigation fixtures, the need for removal of dead plants, guy
wires, and support stakes, as well as concerns regarding the lack of weeding, failure to remove trash and
debris, and et cetera. LFLC has continuously been slow to respond to City tasking, both verbal and written.
Prior to the LFLC invoice for $8,100 received in September 1997, LFLC last billed the City in September 1997,
for services provided up to September 1996 (Attachment (13)). Staff recommends LFLC be paid the agreed
upon $600 /month for the months of service from September 1996 to, and including, August 1997, less the two
months during which LFLC violated their contract by sending no one to work at the landscape site. That
payment would be a total of $6,000. Staff further recommends LFLC not be paid for services subsequent to
LFLC's receipt of the punch list of 7 August since the only reason the contract was not closed in August was
because LFLC had not complied with the punch list the City had previously, and then repeatedly, provided.
Notwithstanding the continuous vandalism, the delay was wholly the fault of the LFLC, not the City. Staff does
recommend that LFLC be paid for fixtures provided by LFLC to replace those destroyed by vandals as these
material costs were beyond what could have been reasonably expected by the contractor.
On Monday, 20 October 1997, representatives of LFLC, City staff and RBF conducted a final testing of the
irrigation system and site inspection. Staff and RBF found the site acceptable and complete (Attachment (14)).
Staff has requested as -built drawings and irrigation controller charts as well as a close -out invoice from LFLC on
a number of occasions. On 24 October the drawings were provided. The close -out invoice has not been
received, as yet. Staff requests authority to pay LFLC not more than $9,000 for all services rendered,
extraordinary materials, and requests authority to accept the project as complete, once the last of the requested
materials have been received. Staff also requests authority to hire a new firm to perform Change Order 3,
which Council approved on 15 April 1997. Since the cost of Change Order 3 is expected to be less than
$7,500, no formal bid procedure is required by law. Staff requests the authority to simply add Change Order 3
to an existing City landscape contract, if economically appropriate. It is anticipated that turnover of the site to
the City of Los Angeles will now occur in April 1998.
0 030
hYpIfI_agr,
CHRONOLOGY OF LAND FORMS LANDSCAPING CONTRACTOR'S
PERFORMANCE
(10 September 1997)
During the first half of 1996, the City had received several citizens' complaints about
geysers flowing because of unrepaired sprinkler heads, about weed growth, and about trash
collecting at the site. On 29 April 1997, the City informed LFLC by letter that it was
dissatisfied with the company's performance of the maintenance portion of its contract.
Among the problems reported in that letter were full . encroachment of the area by weeds,
death of several plants, failure to repair damaged sprinkler heads, and varying degrees of
strangulation of several trees by guy wires. LFLC did clean up the area and repaired some of
the sprinklers, however they did not complete all specified tasks. In our letter of 13 May
1997 to LFLC we specified what LFLC was to accomplish in order to prevent termination of
their contract and dismissal. Some of these tasks were also completed.
Because of LFLC's inability to be fully responsive to the City, and because the June date
planned for the close of the maintenance portion of LFLC's contract was approaching, it was
decided that Change Order 3 should be held as an inducement for LFLC to expedite its
remedy of the City's complaints with its performance. In its letter of 24 July LFLC requested
a final walk through of the project be scheduled. Representatives of the City and the City's
consultant, Robert Bein, William Frost and Associates (RBF) inspected the site on 4 August.
The detailed punch list developed during the inspection was provided to LFLC on 7 August
1997, in order that they might complete site work prior to the "final" joint inspection
scheduled for August 12. The 12 August inspection party included representatives from the
City, the City's Consultant, RBF, Los Angeles, and LFLC. No apparent site preparation, in
compliance with the punch list, had occurred.
Pertinent excerpts of Section 4 of the contract with LFLC follow:
1. The contractor is to, "...maintain the landscape in an attractive condition for a period
of 730 days."
2. "Improper maintenance ... may cause postponement of the final completion date of the
Contract."
3. "Any day when the Contractor fails to adequately maintain plantings, replace
unsuitable plants or do weed control or other work, as determined necessary by the
Landscape Architect, will not be credited as one of tite plant maintenance working
days."
4. "The Contractor's maintenance period will be extended if the provisions required
within the plans and specifications are not filled."
5. "Any materials found to be dead, missing, or in poor condition during the maintenance
period shall be replaced immediately."
6. The contractor shall deliver "As- Builds" and the "Landscape and Irrigation Guarantee"
to the Landscape Architect prior to the date of the Final Walk - through.
7. , All areas shall be kept free of debris and all planted areas shall be weeded and
cultivated at intervals of not more than ten (10) days.
nYpindsc.a ?%
- Attachment 1
0 037
Subsequent to the 12 August inspection, inspections were conducted on 13 August, and 17
September. The site was found to be unac bheads and pipe stakes
damaged, still
and so some
ed.
dead vegetation had not been removed, sprinkler
sprinkler heads were not those specified in the contract. It should be noted that during the
past 4 months vandalism has been rampoa�;matelthe
$25 each that represents0a posskofr$4e000 to
have been destroyed. At a cost of app Y
the City. _
On 18 September the City's Consultant, RBF, provided LFLC with another punch list. The
irectio
punch list was virtually the same as that tand all otherg temsnrequiredan the n to LFLC
to provide as -built drawings, controller c harts
specifications. A follow -on inspection was conducted on 22 September wi vdence of
thout ev
task completion. On 8 October LFLC failed to keep the inspection appointment but had made
significant progress . bringing the site up to an acceptable level of maintenance. It has taken
45 days and 5 inspections to get LFLC to correct most of the on site, punch list discrepancies.
Indform .er I
r
1
Elec tee OMCMIa
Senora Jacobs.
Mayor
Nancy Werntca
Mayor Pro Tom
Jane Fr,adR/n.
counuftVa"O
Learn Wastes.
councJmyn
Mthe Gordon.
councusnn
Cindy Mertesen.
city CWX
S;,aan Schofield
city Treasurer
A,pXr1re2 OMC.'a'i
Janes W Morrison.
cny Manage+
Mark D Nerorey.
Crry Atrorney
D.Pe mmenr Dow tors
James Nana M,
Econbnuc Development
Euntee KArrW
Finance
' /nelson,
Ya
„. NtNyland.
Numan Resources
ors Pearson,
LIMry
Bret B Bernard.
planning BWldmg Sallty
nnretny (.rrmnwnd.
tarty
EouerB S,.,.,.
Pubnc W -ores
James Faun.
Recrnon t Parks
Ind•frm= 497
way ol�� �S/'e�urzdo
Mr. Jon Gilmer
Land Forms Landscape Construction
23011 Moulton Parkway, Suite C -13 29 April 1997
Laguna Hills, CA 92653
Subject: Compliance with the Terms of Public Works Project P \V 94 -12
Dear Mr. Gilmer:
The purpose of this letter is to advise you that this City is dissatisfied with
Land Forms' performance and failure to comply with the tenants of Public
Works Contract PW- 94 -12, and specifically with, Section 4, Lanciscalw.
ATaintenance and Plant Establishment. Land Forms has failed to contpl� with
Sub - section 4 -1.3, Alaintenance Period. Parts A through C and Part H
Part H requires the Contractor to submit a schedule of all activities planned
during the maintenance period and document any schedule changes. This
schedule has never been submitted. There has never been a discernable field
effort to maintain the area on a regular bases in accordance with Parts A
through C. Among numerous residents along the site there is no recollection of
seeing anyone doing any form of maintenance in the area since early last fall.
This corresponds with our records which show that Land Forms has not
submitted a single invoice for maintenance since September, 1996. There has
been a clear failure to comply with the Contract Documents. Land Forms
failure to comply with the Contract has resulted in numerous problems in the
area including full encroachment by weeds, death of several plants, failure to
repair damaged sprinkler heads, and varying degrees of strangulation of several
of the Torre pines by guy wires.
Informal efforts to motivate Land Forms by this City and its consultant, RBF's
Landscape Architect, have resulted in little or no improved performance.
Please contact Harvey Holden at (310) 607 -2202 to acknowledge this letter and
to provide a schedule and work plan for compliance with the Contract Should
you not make contact by noon, Wednesday, 7 May 1997, it will be determined
that you have abandoned the project. The renovation work needed to return the
site to as new condition will be contracted to a new service provider, and no
further payments of any kind will be made to Land Forms.
Planning d Building Safety Department
350 Main Street, El Segundo, California 90245 -0989
Phone (310) 322 -4670 FAX (310) 322 -4167
0 039
Attachment 2
Sincerely,
Department of Planning :►nd Building Safely
Bret B Bernard, AICP, Director
Har�cy G. holden
Special Projects Coordinator
xc: El Segundo City Council
El Segundo City Manager
El Segundo City Attorney's Office
El Segundo Director of Public Works
El Segundo /Hyperion Citizens' Forum
RBF
1nd•rrms 497
0 040
E
f
CITY OF EL SEG UND O
INTER - DEPARTMENTAL CORRESPONDENCE
Date: April 30, 1997
To: City Council Members
Jim Morrison, City Manager
Ed Schroder, Director of Public Works
John Andrew, Landscape Architect, RBF ;
Via: Bret Bernard, Director of Planning and Building Safety'b
From: Harvey Holden, Special Projects {�
Subject: Resolution of Landscape Contract Issue with Land Forms Landscapers
In pursuit of the guidance provided by Mayor Pro Tern Wernick and Councilmember Mike
Gordon, Staff has put Land'Forms Landscaping on notice that they must perform or abandon
the Hyperion Landscaping Project. If they choose to abandon the project the City may
contract with Landscape West, Inc. which has the current contract to maintain the Municipal
(_ Golf Course. The Parks and Recreation Department speaks highly of the reliability and
professionalism of Landscape West, with whom the Department has had a long standing
relationship beneficial to the City.
END
p 041
Attachment 2A
FAX
714
To: John Gilmer, General Manager, FAX: ('714) 472 -4886 9 May 1997
Fm: Hary Holden, Special Projects, (310) 607 -2202
Subj: Land Forms Services
This is to acknowledge your phone message of 4:18pm 8 May 1997. In our letter to N•ou of
29 April 1997 we requested you contact this office not later than noon, Wednesday, 7 Ala}
1997, regarding your fulfillment of our contract. During the week prior to that deadline I th
called your office twice requesting n opportunity y to7ta I a`1 led auain,land again there��as no
your secretary but there was no
response.
At this point I am directing you to do no further work on the Hyperion Landscaping Project
until I contact you. The City's ll coat ctilloueaconsidering
early as possible uduring the weekooftl2 �1ay,nJ
your contract for cause. I w Y
with as situation status report.
Letter to follow.
If- stopw.ork
END
0 042
Attachment 3
E a ac tod p —. c.J7
$ands Jacobi.
auya
Nancy NerrWN
,pyor Pro Tom
Jant FrlMkm
Counc,,rroman
cum 0'05100
Counc„mtff
M,ke Gordon
counconv-
Cmdy Monson
c,ty CAWN
s✓san scnobara.
.J-*s M A00 —s-
C ty Mrnt`e*
C• 1 ano/str
peponmtntD tc lames
Jams Manson.
Econanc Der.:oDment
Eunlct KnmM.
Fngnct
Jacob NW&On
"ald.
;31' Raswrcos
•'W /a PNROn.
UM'y
Law & Be,nard.
planning Burrd0 +2 WOY
ylmDmy Gr�,rwnrrd
duard pond
E scmodtr.
pubnc Nora
Jan*$ Fault.
Roc,aabor g pies
,�y n,Y_rc�z�o
Land Forms I nndccape Construction
23011 Moulton Parkway,
Suite C -13
Laguna Hills, CA 92653
Attn: Jeff Tracy, President of Operations
Subj: Land Forms Services
Dear Mr. Tracy:
13 May 1917
This is to acknowledge the phone conversation between Jeff Trace and Harvey
Holden of 3:15pm, Monday, 12 May 1997. As 1 midi co ted in my Ise matter of
Mr. Jon Gilmer, of 9 May 1997, the City is currently
continuing or terminating your contract for cause. The issues leading to this
situation includes the following.
1. Lack of responsiveness during the maintenance period of the
Contract by Land Forms management. it routinely takes repeated phone calls
by the City's Contract Administrator, Bellur Devaraj, the Project Landscape
Architect, John Andrew, and the City's Special Projects Administrator, Harvey
Holden to elicit a response, if any, from Land Forms management. Response
to written instructions is typically late or not forthcoming at all.
2. Clear neglect of the maintenance of the El Segundo /Hyperion
Landscape project. Repeated informal efforts by the three City representatives
listed above to motivate Land Forms to perform maintenance at the site have
been all but ignored.
3. Apparent failure of Land Forms maintenanele with
Segundo/
or intent of the Contract with respect
Hyperion Landscape area.
Prerequisite to the City giving consideration to the continuation of this contract
Land Forms must perform the following tasks:
1. Provide a work schedule for the remainder of the maintenance
period. This schedule shall include specific times and dates for the
performance of all remaining maintenance of the site.
i,aroym is
Planning d Building Safety Department
350 Main Street, El Segundo, California 90245 -0989
Phone (310) 322 -4670 FAX (310) 322 -4167
0 043
Attachment 4
2. Land Forms management shall agree to notify the Special Projects
Administrator or the Director of Planning and Building Safety any time and every time there
will be a change in the maintenance schedule prior to that change
3 Land Forms management shall provide a complete record of all maintenance
work performed at the El Segundo/Hyperion Landscape project site from I July 1996 to the
present Record shall be chronological, shall include the name and wage rate of each
employee involved and number of hours worked for each day of recorded maintenance This
Information will be compared with records otherwise available to the City. This task Is not
required if Land Forms agrees not to bill the City for the period of 1 September through I
May 1997, during which time we found no evidence of ongoing maintenance.
4. Land Forms management shall agree to restore the Project Site to a level of
appearance acceptable to the City not later than 23 May 1997. Minimal tasks to achieve
restoration of the site include the following:
1. Weed the project site and remove the debris;
2. Remove all trash and other refuse that has collected in the area;
3. Repair the irrigation system as necessary;
4. Modify irrigation system as necessary to ensure complete area coverage,
5. Inventory plants and replace all dead or missing plants;
6. Relieve the strangulation by guy wires of the Torre pines; and
7. Restring guy wires for trees where needed;
These tasks are in compliance with or supplemental to Contract requirements.
Please provide written response that you have received this letter prior to noon, 20 May 1997.
Include complete responses to the four tasks listed above. After receipt of your letter by the
City the decision as to terminate or continue your contract will be made.
Sincerely,
Br B. er rd, AICP
Director of Planning and Building Safety
xc: City Council Members
City Manager
City Attorney's Office
Department of Public Works
RBF
El Segundo/Hyperion Citizens' Forum
Indform 125
0 044
J. Tracy. Inc. DBA
Land Forms
Landscape Construction
May 20, 1997
Bret B. Bernard, AICP
Director of Planning and Building Safety
City of El Segundo
350 Main Street
El Segundo, Ca 90245 -0989
Re: Landscape Maintenance at Hyperion Treatment Plant
Dear Mr. Bernard,
This letter confirms receipt of your letter dated May 13, 1997. Received in this office
May 14, 1997.
reviewed
In response to the complaints and required tasks following. Devaraj orhlvlreHolden for
our phone logs and do not show record of any calls from Mr
the past three months. The only communication Weeks from Mrd.,Holden request ng keys for
facsimile or mail has been in the past t
the controllers. These were mailed on May 1997. B five Jeff Tray and
we are working
been in constant contact with Mr. Andrew o ver the p as
together on another project. No mention has been made regarding the treatment plant.
I have every intent of fulfilling our contractual obligation to
and Mr. Andrew will attest e
have often dealt with severe adversities w hundred M
At one point, we were absorbing over five hh dreedonellso long ago. in vandalism. If our
intent was to abandon the project we would
Thursday and/or Fridays have been the maintenance ay for the
22, 199Treatment he Plant. t maintenance
days vary according to the tasks required. Commencing
day will be Thursdays only. The crew will consist foreman and a minimum of two
laborers. They will spend a minimum of six hours on si t
In order to restore the project to an acceptable condition the t 30,pent will
omelet selof
to do so. I will however require a one week extension Y
the required tasks. I will personally supervise and inspect the project in order to maintain "
a level of quality above that required.
�..
MAY 23 0 04�
- 1 D AZ Lic # 105723
CA Lic # 712339
Southern California 23011 Moulton Parkway, Suite C -13 Lagunia1 94533 92653 (07) 99611464 Fax(707 9391 2 -48
7689
Northern California 1652 W. Texas. Suite 201 • Fairfield, Californ
Arizona 2303 North 44th Street. Suite 14700 • Phoenix, Arizona 85008 • (602) 852 -9797 Fax (602) 852 -9795
Attachment 5
Enclosed are copies of time cards from June 28, 1996 through March 3, 1997. March and
April 1997 time cards are currently at our accountants office. I will make them available
to you prior to May 30, 1997. The information I have been given is that we did miss two
maintenance days in April and May, and that two visits were only two hours in duration.
To make up for the lost man hours we will, as previously stated, have additional man
hour this week and next.
I truly appreciate the opportunity to continue working on the project and am confident we
can bring the project up to speed. Perhaps, a meeting at the project site the first week of
June would be appropriate.
If you would like to schedule this meeting, or require any other assistance or information,
do not hesitate to contact me.
Sincerely
Jon Gilmer
General Manager
/jcc
0 0 ?G
i
i
t
FAX
To: Jon Gilmer
Fm: Harvey Holden
Subj: Continuation of Land Forms Contract
,2 1KA,.r- � �7
21 May 1997
The City is in receipt of your fax of 8:17am 21 May 1997, inwhich you respond to our letter
of 13 May 1997. In that letter the City required a response prior to noon, 20 May 1997. As
with the City's previous request for a timely response in our letter of 29 April, you responded
late, a habit that does not engender in the City a sense of your firm's competency or
professionalism. Additionally the letter of 21 May requested the following prior to giving
consideration to the continuation of your contract with the City:
1. A work schedule; 1.
2. An agreement to contact the designated 2. Not Received
representatives of the City any and every
time there is a change to the maintenance
schedule prior to that change;
3. A complete record of all maintenance 3. Promised but not as yet received
work performed from I July 1996 to the
present, or a forfeiture of maintenance
fees from 1 September 1996, through
I May 1997; and
4. Restoration of the site to "as new" 4. The City grants Land Forms
condition. authority to access the project site
for the purposes of restoring the
area.
5. Previously requested were keys to the 5. 1 and For s states they not been
mailed
automatic sprinkler control box. ,• eceived by this office, though
correct mailing address was
provided.
Not later than close of business 27 May 1997, the City will inform Land Forms if the contract
is to be continued. In the interim Land Forms may access the area for the purposes of
restoring it. Additionally, it is expected that keys will be made available to the sprinkler
control not later than 22 May 1997. And finally, the City requires written acknowledgement
of the second condition above.
The City reserves the right to take depositions from workers listed on the time cards you
indicate will be forthcoming.
Indfm s21.597
END
Attachment 6
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Attachment 7
0 OV
iJ. Tracy. Inc. DBA JUN — 5
nd Forms
iscave Construction
June 2, 1997
Bret B. Bernard, AICP
Director of Planning and Building Safety
City of El Segundo
Planning Building Safety Department
350 Main St.
El Segundo, Ca 90245 -0989
Re Hyperion Treatment Plant - Landscape Maintenance
Dear Mr. Bernard,
I am in receipt of your letter dated June 2, 1997. I would like to thank you. the City
Council and the members of the Hyperion Citizens' Forum for the opportunity to
continue our contract. I can assure that you have made the right decision.
If there is any change in our schedule of work to be done on Thursday, I will notify you
immediately.
Enclosed is a copy of the key to the irrigation controller.
Again, thank you. I look forward to meeting with you and participating in a walk through
inspection in the near future. If you have any comments or other concerns, do not hesitate
to contact me.
Sincerely,
Jon Gilmer
General Manager
/jcc
.c
U 04
Attachment 8
AZ Lic # 105723
CA Lic # 712339
Southern California 23011 Moulton Parkway, Suite C -13 - Laguna Hills, California 92653 - (714) 472 -4002 Fax (714) 472 -4886
Northern California 1652 W. Texas, Suite 201 - Fairfield, California 94533 - (707) 996 -1464 Fax (707) 939 -7689
Arizona 2303 North 44th Street, Suite 14700 - Phoenix, Arizona 85008 - (602) 852 -9797 Fax (602) 852 -9795
J. Tracy, Inc. DBA
A Forms
Landscape Construction
July 24, 1997
City of El Segundo
Planning and Building Safety Department
350 Main Street
El Segundo, CA 90245 -0989
Attn: Bellur
Re: Hyperion Treatment Plant
Dear Bellur,
RECEIVED
JUL 2 8 1Qa'7
ENGINEERING
DIVISION
We would like to schedule a final walk through on the Hyperion Treatment plant for Friday
August 1, 1997. Our 2 year maintenance period has come to an end and we are anxious to turn
this project over to you.
Please contact us at your earliest convenience to schedule a time for the walk through.
Thank you for your time and attention to this matter.
Most sincerely,
4 esA,
Tracy
J V
ident J `
Land Forms Landscape
CA Lic # 712339
0 0
Attachment 9
AZ Lic # 105723
Southern California 23011 Moulton Parkway, Suite C -13 • Laguna Hills, California 92653 • (714) 472 -4002 Fax (714) 472 -4886
Northern California 1652 W. Texas, Suite 201 • Fairfield, California 94533 • (707) 996 -1464 Fax (707) 939 -7689
Ari7nno '1z/Y3 Nnreh ddrh Crrpor Civitp IA'10n • Phiwniv Ari7nno Qr1nnQ • (fln l Q'" -0707 1:— /i:()" Qr")_017or
ROBERT REIN, WILLIAM FROST & ASSOCIATES
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
August 7, 1997 JN 28537
-J
Mr. Jeff Tracy
President Operations
LAND FORMS LANDSCAPE CONSTRUCTION
23011 Moulton Parkway, Suite D-1
Laguna Hills, California 92653
Subject: Hyperion Treatment Plant Landscape Buffer Final Inspection and Punch List
Dear Jeff:
On August 4,1997 we met at the site of the above mentioned project to inspect the landscape
and irrigation systems. You, John Gilmer, Harvey Holden of the City of El Segundo and
myself were present. The purpose of the meeting was prepare a final punch list of items to
be completed by Land Forms and establish the process by which the maintenance
responsibility will transfer from the contractor to the project owner. Based on that meeting
the following decisions were made:
1. The contractor shall remove all tree stakes and tree ties.
2. The contractor shall insure that all spray heads are of the model and manufacturer
specified in the construction documents. All spray heads shall be staked per the
details. The use of spray heads not specified in the construction documents is
unacceptable.
3. The contractor shall raise irrigation spray heads and /or trim vegetation adjoining
spray heads to improve irrigation coverage.
4. The contractor shall operate the irrigation controller and all remote control valves in
the presence of the landscape architect.
5. The contractor shall provide all items required in the specifications, such as; as -built
drawings, controller charts, etc. to the City of El Segundo.
Professional Service Since 1944 Attachment 10
14725 ALTON PARKWAY. IRVINE. CA 92618 -2069 • PO. BOX 57057, IRVINE. CA 92619 -7057 • 714.472.3505 • FAX 714.472.8373 `1 n
OFFICES LOCATED THROUGHOUT CALIFORNIA. ARIZONA AND NEVADA • WEB SITE www rbf com
Mr. Jeff Tracy, Land Forms Landscape Construction
August 7, 1997
Page 2
6. The City of El Segundo, Land Forms and RBF shall meet at the project site on August
13th, 1997 to review the status of the above mentioned items.
7. The City of Los Angeles, the City of El Segundo, Land Forms and RBF shall meet at the
project site to review the landscape and irrigation system. The date of this meeting has
yet to be determined.
8. The contractor shall complete any additional modifications requested by the City of
Los Angeles.
9. The City of El Segundo will coordinate transfer of maintenance responsibilities with
the City of Los Angeles.
If you have any comments or questions regarding this letter please notify me immediately at
(714) 855 -3636.
SincerelEAn
Landscape Architect
cc: Harvey Holden, City of El Segundo
John Nagle, RBF
H: \CRP30 \PDATA \OFFICE\ W TWIN \JOBPL \LOMSCPE\7gS3TTRACY.LT1
0 052
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS
September 18, 1997 JN 28537
Mr. Jeff Tracy
President Operations
LAND FORMS LANDSCAPE CONSTRUCTION
23011 Moulton Parkway, Suite D-1
Laguna Hills, California 92653
Subject: Hyperion Treatment Plant Landscape Buffer Final Inspection and Punch List
Dear Jeff:
On September 17, 1997 we met at the site of the above mentioned project to inspect the landscape
and irrigation systems• John Gilmer, Harvey Holden of the City of El Segundo and myself were
present. The purpose of the meeting was to verify that the final punch list of items had been
completed by Land Forms. The following punchlist items have not been corrected
1. The contractor shall remove all tree stakes and tree ties.
2. The contractor shall insure that all spray heads are of the model and manufacturer
specified in the construction documents. All spray heads shall be staked per the details.
The use of spray heads not specified in the construction documents is unacceptable.
3. The contractor shall operate the irrigation controller and all remote control valves in the
presence of the landscape architect. All heads shall be in working order.
4. The contractor shall provide all items required in the specifications, such as; as-built
drawings, controller charts, etc. to the City of El Segundo.
5. The City of Los Angcics, the City of El Segundo, Land Forms and RBF shall meet at the
project site to review the landscape and irrigation system. The date of this meeting has
yet to be determined.
ProfasionaI Serviet Since 1944 Attachment 11
14725 ALTON PARKWAY. IRVINE, CA 9261A.20A9 • P.O. 90X 57057. IRVINE, CA 92618 -7057 • 714.472.3505 • FAX 714.472.A373
OFFICES LOCATED THROUG"WT CALIFORNIA. ARIZONA AND NEVADA • WEB SnL* www.rbf.com
J.
Mr. Jeff Tracy, Lund Forcers Land=pe Construction
September 18, 1997
Page 2
8. The contractor shall complete any additional modifications requested by the City of Los
Angeles.
9. The City of El Segundo will coordinate transfer of maintenance responsibilities with the
City of Los Angeles.
10. We will meet at 8:00 a.m. on Monday, September 22, 1997 to rewalk the project.
If you have any comments or questions regarding this letter please notify me immediately at (714)
472 -3404.
Since y,
ristine McPhail
Landscape Architect
cc: Harvey Holden, City of El Segundo
John Nagle, R.BF
H:\(M?W%MATA\O"KL\' ?W"CWLUAtAWr%MVSSX'nt0 VM
0 054
DATE
TO
FROM
SUBJECT
CITY OF EL SEGUNDO
INTER - DEPARTMENTAL MEMORANDUM
September 27, 1996
Accounts Payable, Finance Department
Engineering Division, Public Works Department
Progress Payment No. Six (6)
Contractor Landforms Landscape Construction
(Name & Address) 23011 Moulton Parkway, Suite D-1
Laguna Hills, CA 92653
Project Name
Contract Awarded
Progress Payment Number
Purchase Order Number
Project Account Number
Specifications No.
Contract No. (City Clerk)
Hyperion Landscape
February 7, 1995 (City Council Meeting)
Five (5)
54805
117- 400 -0000 -6206
PW 94-12
2381
Original Contract Amount - Includes 24 -month maintenance at $600 / month $ 106,000.00
Approved Additive Change Order Number No. 1 (7/5/95) $ 7,843.73
Approved Additive Change Order Number No. 2 (5/7/96) $ 11,500.00
Net Contract Amount _ $ 125,343.73
Value of Work Performed
a) Value of final construction work completed to date - (Including $ 110,943.73
Change Orders No. 1 and No. 2)
b) Landscape maintenance for period 6/1/95 through 9/1/96; $ 9,000.00
15 months at $600 /month 943.73
$ 119,
Less Previous Payments $ 103,043.73
PROGRESS PAYMENT NO. 6 TOTAL $ 16,900.00
Note: City Council accepted work and started two year maintenance period as of 6/1/95.
Work inspected, quantities and dollars ($) verified by: Approved by:
Bellur K. Devaraj
City Engineer
cc: City Treasurer - 1 , Project Engineer -.1 File - 2 Attachr..ent (12)
PW94- 12.PP6 (9/27196)
0 05
J. Tracy. Inc. DBA
Land Forms
nLandscape Construction
September 30, 1997
RECEIVED
OCT - 2 1997
PUBLIC WORKS
ENGINEERING
City of El Segundo
Planning and Building Safety Department
350 Main Street
El Segundo, CA 90245 -0989
Attn: Bellur
Re: Final Billing Hyperion Treatment Plant
This is our final bill for the above referenced project.
Contract Amount $106,000.00
Co #1 7,843.73
CO #2 11,500.00
Sub Total $125,343.73
Previous Payment —119,943.73
Total amount due
Additional Maintenance:
July, August and September @ $900.00 ea.
Total amount due Land Forms
Thank you for your business!
$ 5,400.00
$ 2,700.00
$ 8,100.00
APPROVED FOR PAYMENT
DEPARTMENT OF PUBLIC WORKS
DIVISICN
PO #
ACCT #
SIGNED:
PAY THIS AMOUNT S
OCT I f597 !_
CA Lic # 712339 Attachment 13
AZ Lic ti 105723
Southern California 23011 Moulton Parkway, Suite C -13 - Laguna Hills, California 92653 - (714) 472 -4002 Fax (714) 472 -4886
Northern California 1652 W. Texas, Suite 201 - Fairfield, California 94533 - (707) 996 -1464 Fax (707) 939 -7689
Arizona 2303 North 44th Street, Suite 14700 - Phoenix, Arizona 85008 - (602) 852 -9797 Fax (602) 852 -9795 0 n
OCT 22 V 16:23 TO- 13103224167 FROM -RBF PLANNING T -877 P.02/02 F -672
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS
October 22, 1997
Harvey G. Holden
Special projects Administrator
City of F.1 Segundo
350 Main Street
EI Segundo, CA 9=5
SUBJECT: Hyperion Treatment plant Landscape Buffer Final Inspection
Dear Harvey:
On October 20, 1997, John Gilmer, you and I met on the above mentioned project site to
inspect the landscape and irrigation system. The purpose of the meeting was to verify that all
punchlist items from previous walkthroughs had been completed by Land Forms Landscape
Construction. This letter verifies that all landscape and irrigation work has been completed.
The only outstanding issue continues to be the receipt of the `As- Bunt' drawings and irrigation
controller charts. From discussions at the meeting between Landforms, RBF, and the City, it
is my understanding that these items would be forwarded to the CSty within a week's tinge.
If RBF or I can be of further assistance, please do not hesitate to call. It has been a pleasure
to work with you and I look forward to working together in the future.
Sincerely,
tine McPhail
Landscape Architect
cc: John Nagle, RBF
John Andrew, RBF
John Gilmer, Landforms
Professional Service Since 1944 Attachment (14)
14725 ALTON PARKWAY. IRVINE. CA 92818 -2089 • P.O. BOX 57057, IRVINE. CA 92619 - 7067 . 714.472.3505 • FAX 714.472.8379
OFflces I.00ATED THROW14OUT CAUFOANIA. ARIZONA AND NEVADA • WEB SITE: www.rbf.00m O n
CONTRACT
2369
MEMORANDUM OF UNDERSTANDING CRY OF F' SErt INDO
CITY OF EL SEGUNDO AND CITY OF LOS ANGELES
HYPERION LANDSCAPE AGREEMENT
The following is the Memorandum of Understanding (MOU) between the Landscape
E1 Segundo and Los Angeles regarding the proposed Hyperion
Agreement. This document outlines the responsibilities and obligations of
both cities for the implementation of a landscape plan, as described and
explained as follows:
I. Design and Review
a) The City of E1 Segundo is responsible for the design and
preparation of a landscape plan and its specifications. The
limits of said plan shall encompass a portion of the Los Angeles
Department of Water and Power (DWP) property abutting the eastern
boundary of the Hyperion Treatment Plant (HTP), as follows:
Northing 12,300 to 11,100, Easting 2,500 to 3,000. The design of
the plan shall include a permanent irrigation system capable of
providing water (reclaimed water, if possible) from the City of
Los Angeles for all vegetation designated in the plan. All
irrigation requirements shall be according to the provisions set
forth in Section III of this MOU. The City of Los Angeles shall
provide a connection point to the landscape site with adegr -to
flow capacity and pressure to meet the needs of the irriga n
system.
b) The City of E1 Segundo shall submit the landscape plan and
specifications to the City of Los Angeles for review. The City of
Los Angeles shall have ten calendar days in which to review the
plan or request alterations to it in writing.
City of E1 Segundo shall re- submit any revised plans to the City
of Los Angeles.
C) The City of E1 Segundo shall secure all necessary permits required
by its various departments to plan, survey, construct, and
maintain the proposed landscape plan. The City of Los Angeles
shall provide to E1 Segundo, without charge, all necessary City of
Los Angeles permits, easements, and rights of entry necessary tc
plan, survey, construct, and maintain the proposed landscape plan.
All construction and maintenance responsibilities of eaci
respective city shall be according to the provisions set forth it
Sections II and III of this MOU.
Attachment 15
%j 0 5 8
CONTRACT
Hyperion Landscape Agreement g g 9
Memorandum of Understanding
page 2 of 4
CITY OF F1: SEM UNDO
'I. Administration and Construction
a) The City of E1 Segundo shall be responsible for the full
implementation of the approved landscape plan and specifications.
These responsibilities shall include all administrative activities
such as advertising, bidding, and awarding of the landscape
construction contract. They shall also include all other contract
administration and inspection duties.
Iii. Maintenance
a) The City of E1 Segundo's landscape contractor shall provide full
maintenance of the constructed landscape and irrigation system for
a period of 24 months after final construction is complete. Full
maintenance shall include irrigating, pruning, replacing all dead
trees and plants in kind, re- seeding of failed ground cover,
repairing all irrigation system malfunctions, and any other
actions necessary to produce a healthy, viable landscape. Since
the landscape is designed to be "natural dune", pruning shall only
be done to limit the height of all vegetation to a limit of 120
feet above sea level, and to encourage the growth of plants as
needed.
b) At the end of the 24 months described in paragraph III.a., Los
Angeles shall take over full maintenance duties according to the
provisions in paragraph III.c., below. Los Angeles reserves the
right to inspect all aspects of the landscape one month prior to
accepting full maintenance in order to ensure that the contractor
complied with all aspects of paragraph III.a. Any items found not
to be in compliance shall be submitted in writing to E1 Segundo in
time for repair prior to the expiration of the 24 month contractor
maintenance obligation. The contractor shall correct such items
prior to Los Angeles accepting full maintenance responsibilities
of the landscape.
C) Upon accepting full maintenance of the landscape, Los Angeles
shall be responsible for the following duties for a period of 36
months: Los Angeles shall limit the height to 120 feet above sea
level. The number of living plants shall be required to be at
least 90% of the design allotment for each species. If the number
of living plants for any species should fall below 90 %, Los
Angeles shall replace in kind to achieve the 100% level. E1
Segundo reserves the right to inspect the landscape during and at
the end of this 36 month period to ensure compliance with the
provisions of this paragraph. Any items found not to be in
compliance shall be submitted in writing to Los Angeles, which
will correct such items prior to deeming the landscape as a
natural state.
d) After the 36 month period referred to in Paragraph III.c above,
regular irrigation shall no longer be required for the landscape
unless it is needed to irrigate replacement plants until they are
established. With the exception of limiting the height to 120
0 fl-5!
Hyperion Landscape Agreement
Memorandum of Understanding
page 3 of 4
feet above sea level, all aspects of Los Angeles' duties hall
terminate at the conclusion of the 36 month p r
landscape shall be deemed a natural state. However, after the
month period, if the number of living plants for any species
should fall below 80% level, Los Angeles shall make a
determination that a particular species of plants will not be able
to be maintained at 100% of the design allotment level at that
location, and will propose an alternative This determination s planting or
an alternative design allotment level.
be communicated, in writing, to E1 Segundo. If El Segundo
disagrees with this determination, it can invoke the conflict
resolution uPlaned(MMIP) the Mitigation
Settlement Monitoring
1991•
Implementation
CITY OF F1' SEM INDO
e) The E1 Segundo Police and Fire Departments shall have full access
to the landscaped area within the DWP property at all time.
IV. Funding
a) The City of Los Angeles shall tender a warrant to the City
Segundo in the amount of $210,000, made in three equal payments of
$70,000 each, to be deposited by the City of E1 Segundo in an the
established Hyperion Landscape account. The first payment
amount of $70,000 shall be provided by Los Angeles hin $70x000
of the execution of this document. The second payment
shall be made at the award of the landscape contract and the third
payment of $70,000 shall be made three months after the sec i
payment or when the contractor's cumulative progress payme.
exceed fifty percent of the original contract amount, whichever
occurs first. The City of E1 Segundo will use the funds in the
Hyperion Landscape account to make disbursements to cover the
costs of, including but not limited to, engineering fees,
l panics,
and construction expenses incurred solely y
contractor. The City of E1 Segundo will be responsible for any
expenses beyond the amount of $210,000 provided by the City of Los
Angeles. Any funds remaining in the Hyperion Landscape account
upon completion of the construction contract shall be returned to
the City of Los Angeles within 60 days._
b) The City of Los Angeles reserves the right to audit any and all
charges incurred pertaining to the use of the $210,000 provided to
E1 Segundo, and E1 Segundo must maintain any and all billing
statements, ledgers, books of account, records, invoices,
vouchers, canceled checks, warrants, and other documents
evidencing or relating to charges or expenditures paid by said
funds in the Hyperion Landscape account. These records shall be
made available to the
regular Angeles for
uponl�
at any time during written request by
g `
Los Angeles.
~. Resolutions of Disputes /Mitigation of outstanding Items
0 060
Hyperi.on Landscape Agreement
Memorandum of Understanding
page 4 of 4
This Memorandum of Understanding and the implementation of the
landscape plan shall constitute the resolution of the currently
outstanding disputes between E1 Segundo and Los Angeles. The two
outstanding disputes are 1) the digester height dispute, and 2)
the temporary power poles dispute. Also, this MOU and plan shall
serve to mitigate the prior loss of vegetation that occurred
within said boundaries described in paragraph I.a. due to the
construction of the north electrical duct bank (constructed by the
C -106 construction contract). Finally, this MOU and plan shall
serve to complete in full the mitigation measure required in
Section II.H.1.(a) of the Mitigation Monitoring Implementation
Plan pertaining to the completion of a construction visual impacts
study.
2369
CITY OF FI' SEM INDO
a)
VI. Addendum
a) All or any part of this MOU or any requirement
change or eyed at any time by mutual written a
the y f ggegundo and the City of Los An
For the City of Los Angeles For the Ci v o
Charles E. Dickerson III 9
President, Board of Public Works �/j�
Title Da e
Ow
therein may be
reement of both
Carl Jacobson
Mayor of E1 Segundo
Title
9/16/94
Date
0 061
EL SEGUNDO CITY COUNCIL MEETING DATE: 04 November 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
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 PF Chang's China Bistro at
2041 Rosecrans Avenue, in Continental Park. Applicant: PF Chang's China Bistro; Property Owner:
Continental Development Corporation.
RECOMMENDED COUNCIL ACTION:
Determine that the City does not protest the issuance of the new ABC license; and, authorize the Director
of Planning and Building Safety to approve the Administrative Use Permit (AUP 97 -3) for the alcohol sales
at PF Chang's China Bistro.
INTRODUCTION AND BACKGROUND:
At its 04 April 1995 meeting, the City Council directed staff to bring all future ABC licenses to them for review.
The ABC regulations (Sections 23958.4, 23987, 24013, 24200 and 25612.5) of the Business and Professions
Code require a 30 -day review and comment period, after notification of the local Police and Planning
Departments for review purposes for alcohol sales at restaurants. Restaurants are specifically excluded from
the ABC regulations which require the City to make findings of public convenience or necessity in areas of
"undue concentration." Any protests regarding the issuance of a restaurant license must be filed with the ABC
during the 30 -day time frame, or a 20 -day extension may be requested. The City has a.4Lreceived formal
notice of the ABC license application from the ABC, however an Administrative Use Permit Application for the
alcohol sales was received and approved by the Director of Planning and Building Safety. On October 23,
1997, the Planning Commission Received and Filed the AUP approval.
ATTACHED SUPPORTING DOCUMENTS:
1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared
October 15, 1997 by Planning Division.
2) 1995 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police
Records Division.
3) Assembly Bill No. 2897 - Business and Professions Code Section 23958.4.
4) Assembly Bill No. 2742 - Business and Professions Code Sections 23987, 24013, 24200 and
25612.5.
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_
ORIGINAT D: Date: 24 October 1997
%
Bret B Be d, I /CP,pirector,of Planning and Building Safety
Ti f Irimmond. Chi of Police Date:
BY: Date:
Morrison, City Ma
TAKEN:
projects/ea- 426 /ea- 426.ais
0 OG2_
EA- 426 /AUP 97 -3
Page 2
DISCUSSION:
The proposed new restaurant is to be located in an area of "undue concentration" since the ratio of on -sale
retail licenses (18 licenses) to population exceeds the County average (7 licenses). The Police Department
has determined that there is an undue concentration' of reported crimes, as defined by Section 23958.4 of
the Business and Professions Code. The ABC regulations define "undue concentration" as 20% greater
number of reported crimes than the average of all reporting districts (RD's ) in the City. The restaurant would
be located in RD #318 which has 38% greater number of reported crimes than the average for the year 1995 -
the most recent year statistics are available. However, despite the "undue concentration" calculations, the
Police Department anticipates the alcohol sales should not result in negative effects from a law enforcement
standpoint. Since the license is for a restaurant, the applicant, not the City, has the burden of showing the
ABC that the issuance of the license would serve the public convenience or necessity. Otherwise, the ABC
cannot issue the license.
The proposed use is located in the Urban Mixed -Use South (MU -S) Zone which lists restaurants as a
Permitted Use (Section No. 20.38.020). The retail sales of alcohol for on -site consumption is considered as
an accessory use which requires approval of an Administrative Use Permit (AUP). The applicant has applied
for and received approval of an AUP from the Director of Planning and Building Safety to allow on -site alcohol
sales in accordance with Sections Nos. 20.38.030 and 20.72 of the El Segundo Municipal Code. Currently
Section No. 20.72 allows the Director of Planning and Building Safety to make decisions on AUPs and the
Planning Commission to Receive and File the decision. On October 23, 1997, the Planning Commission
Received and Filed the AUP approval.
Approval of an AUP requires that findings be made to ensure the use is compatible with the site and
surrounding uses, is consistent with the Zone, is not detrimental to the public health, safety and welfare, any
potential impacts are compensated and an ABC License is issued. The ABC review is a completely separate
process and set of findings that is regulated by the State Department of Alcohol Beverage Control. As such,
each process must be reviewed independently, with the Planning Commission making the decision on the
AUP and the City Council determining if they protest the issuance of the ABC License. The related outdoor
dining area for the restaurant was approved by the City Council on September 16, 1997 thru Amendment to
Precise Plan 12 -72.
Neither the Police nor Planning and Building Safety Departments have concerns with the new ABC license
for a new restaurant. The ABC runs complete background checks on applicants and they conduct a site
inspection prior to issuing any type of license.
P: Projects /ea- 426 /ea- 426.ais
0 f-G!
Gm dg 45.te Ssiywrm
Types of Alcoholic Beverage Control (ABC) Licenses
Counted Toward "Undue Concentration" Calculations
I, ON -GALE -- ON -SITI
License Number
Type 40
1
On -Sale Beer - Food must be available. Minors
Permitted.
Type 41
17
On -Sale Beer and Wine Eating Place - Restaurant
Operation. Minors Permitted.
Type 42
3
On -Sale Beer and Wine Public Premises - Food not
required. Minors Not Permitted.
Type 47
On -Sale General Bona Fide Eating Place - Restaurant
operation. Beer, Wine and Distilled Spirits. Minors
Permitted.
Type 48
1
On -Sale General Public Premises - Cocktail Lounge.
Minors Not Permitted.
Type 51
1
Club - Veterans or Other.
Type 57
1
Club - Entertainment Allowed
Type 70
1
General Restrictive - Hotel
TOTAL M
II. OFF-SALE OFF SITE CONSUMPTION OF ALCOHOL ONLY
License Number
fig_ of Licenses
Type 20 5 Off -Sale Beer and Wine
Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits
TOTAL 11
(Includes new PF Chang's China Bistro Type -47 License) P:projects/ea- 426/ea426abc.ca1
Update: 10/15/97
0 �G/'
em 09 EZ 551mmo
City's ABC Licenses
Counted Toward "Undue Concentration" Calculations
(Using 1990 Census Data)
Census Tract 6200 6201
East of Sheldon West of Sheldon - North of El Segundo
Population
6799
8426
On -Sale
1:971
1:1053
County Average
7 Licenses
8 Licenses
On -Sale
1:378
1:421
El Segundo Ratio
18 Licenses
20 Licenses - "undue concentration"
Off-Sale
1:1133
1:1204
County Average
6 Licenses
7 Licenses
Off-Sale
1:971
1:1405
El Segundo Ratio
7 Licenses
6 Licenses - = "undue concentration"
(Any extra fraction of a license is rounded up)
(Includes new PF Chang's China Bistro Type -47 license) P: projects/ea- 426/ea426 -ab
UpdatelML.
p5
o nGF>
AB CRIME
AND ARREST STATIST CS
BY
REPORTING DISTRICT (RD)
1995
PERCENT
PART I CRIMES
vER nu F►FLOW AVERAGE
AND pRREST
170
101
116
5
102
45
-21
103
32
33
104
57
-16
105
36
-18
106
35
124
107
96
-7
108
40
63
109
16
35
110
28
91
111
82
140
112
103
so
113
77
-28
114
31
-42
115
25
-84
116
7
-7
201
40
3
202
S0
-60
203
17
-72
204
12
33
205
57
-14
206
37
66
207
71
16
208
22
68
209
72
21
210
52
96
211
84
o nGF>
TOTAL 2228
Number of Reporting Districts = 52
Average number of crimes and arrests per Reporting District =
42.9.
nF
-9
212
39
/
142
/ 301
104
-14
302
37
-7
303
40
-32
304
29
-30
305
30
-86
306
6
-81
307
8
31
308
56
-65
309
15
-74
310
11
68
311
72
-18
312
35
-70
313
13
-18
314
35
24
315
53
-11
316
38
-16
317
36
38
318
59
35
319
56
-42
320
25
-79
321
9
-72
322
12
-46
323
23
-32
324
29
TOTAL 2228
Number of Reporting Districts = 52
Average number of crimes and arrests per Reporting District =
42.9.
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Assembly Bill No. 2897
CHAPTER 630
An act to amend Section 23958 of, and to add Section 23958.4 to,
the Business and Professions Code, relating to alcoholic beverages.
[Approved by Governor September 19, 1994. Filed with
Secretary of State September 20, 1994.1
LEGISLATIVE COUNSEL'S DIGEST
AB 2897, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Existing law provides that the Department of Alcoholic Beverage
Control may deny an application for a license if the issuance would,
among other things, result in or add to an undue concentration of
licenses, and the applicant fails to show that public convenience or
necessity would be served by the issuance. Existing regulatory law
defines "undue concentration" with regard to applications for
on -sale and off -sale retail licenses.
This bill would instead require the Department of Alcoholic
Beverage Control to deny an application if issuance would tend to
create a law enforcement problem, or would result in or add to an
undue concentration of licenses. The bill would change the
definition of undue concentration, and would provide that,
notwithstanding the requirement that the department deny an
application that would result in or add to an undue concentration of
licenses, a license may be issued with respect to a nonretail license,
a retail on -sale bona fide eating place license, a retail license issued
for a hotel, motel, or other lodging establishment, as defined, a retail
license issued in conjunction with a beer manufacturer's license, or
a winegrower's license, if the applicant shows that public
convenience or necessity would be served by the issuance, and with
respect to any other license, if the local governing body of the area
in which the applicant premises are located determines that public
convenience or necessity would be served by the issuance.
The people of the State of California do enact as follows.
SECTION 1. Section 23958 of the Business and Professions Code
is amended to read:
23958. Upon receipt of an application for a license or for a transfer
of a license and the applicable fee, the department shall make a
thorough investigation to determine whether the applicant and the
premises for which a license is applied qualify for a license and
whether the provisions of this division have been complied with, and
shall investigate all matters connected therewith which may affect
the public welfare and morals. The department shall deny an
94 110 r1 F X11
-2—
Ch. 630
application for a license or for a transfer e � app�� a not qualify
P remises for which
applicant or the p
for a license under this division* an application for a license if
The department further shall deny
issuance of that license wooulde result create aor add t an undue
problem, or if issuance P .58.4•
concentration of licenses, except as p rovided in Section 239
SEC. 2. Section 23958.4 is added to the Business and professions ..e
Code, to read: of Section 23958, "undue
23958.4. (a) For purposes
t premises for an ori gin or
concentration: means the aPP licanretail license are located in an
premises- to-premises transfer of nditions exist:
area where any of the following condition,
(1) The applicant premises are located in a crime reporting
as
district that has a 20 r the average number of reported
defined in subtliviAOn (c). than districts within the
crimes as determined from all crime reporting
jurisdiction of the local law enforcement agcthe ratio of on -sale
(2) As to on -sale retail license applications
retail licenses to o ula in the census tract or census vision in
w c e app 'cant premises are located exceeds the ratio of o s
retail licenses to ul in w c e applicant
premises are orated. applications, the ratio of off-sale
(3) As to off -sale retail license app ' vision in
retail licenses to o iilati j,�,in the census tract or census
w c e app cant premises are located exceeds the ratio app cant
premises are locatea. Section 23958, the department may issue a
(b1 40twithstanding Sec
license as follows:
� 1) With respect to a nonretail license, a retail on -sale bona fide
eating place license, a retail license issued for li hotel, (b� motel, or other
lodging establishment, is defined beer
25503.16, a retail license issued in conjunction lice se if the applicant
manufacturer's license, or a wmegr °wen's license,
shows that public convenience or necessity would be served by the
issuance.
X21 With respect to any other license, if the local governing body
of the area in which the applicant premises are located ry a eb�the
that public convenience or necessity
issuance. definitions shall
i c) For purposes of this section, the following
apply' "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
rated area of a county) , that are identified by the
e loc el w
enforcenforce
unincorporated
agency in the compilation
e
statistical information on reported crimes and arrests.
94 140
0 070
0 i
—3— Ch. 630
(2) "Reported crimes" means the most recent yearly compilation
by the local law enforcement agency oafg reported offenses ofbc gam,
homicide, forcible rape, robbery, arrests larceny then, and motor felom�� and combined
demeanors,e all traff�c
other crimes, b°�
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
population Research Unit of the Department of Finance.
(5) "Retail licenses" shall include the following:
(A) Off -sale retail licenses: Type 20 (off-sale beer and wine) and
Type 21 (off -sale general) .
(B) On -sale retail licenses: All retail on-sal elicenses,
n sale sbeer and wine
43 (on -sale beer and wine for train), Type
for fishing part!' boat), Type 45 (on -sale beer and wine for boat),
Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale
general for train and sleeping car) , Type 54 (on -sale general for
boat), Type 55 (on -sale general for airplane), Type 56 (on -sale
general for vessels of more than t �
(on -sale general bona fide ea�g plceuZtermitten dockside
license for vessels of more than 15,000 tons displacement) .
(6) A "premises to premises transfer" refers to each license
of the
separate and distinct and transferable upon approval
department.
(d) For purposes of this section, the number Of retail licens retail in
the county shall be determined by the most
license count published by the department in its Procedure Manual.
(e) The enactment of this section shall not affect
April ny exi19ng
rights of any holder of a retail license issued p
whose premises were destroyed or rendered unusable as a result of
the civil disturbances occurring in Los Angeles from April 29 to May
2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply where the premises have been
licensed and operated with the same type license within 90 days of
the application.
We
94 160
0 071
v 1.L77 v � • K`V •
In bill text, brackets h* special meaning:
(A> <A] contains added text, and
[D> <Dj contains deleted text.
California 1993 -94 Regular Session
Enacted
ASSEMBLY BILL No. 2742
CHAPTER 629
Lee Code, elating to
and to add
r
An act to amend Sections 23987, 24013, and 24200 Of ,
Section 25612.5 to, the Business and Professions
alcoholic beverages.
(Approved by Governor September 19, 1994. Filed with
Secretary of State September 20, 1994.1
LEGISLATIVE COUNSEL'S DIGEST
AB 2742, Lee. Alcoholic.beverages.
Existing law requires
rotoo�rnotifY the appropriate
the Department of
sheriff, chief of
Alcoholic Beverage Control
police, district attorney,
a..s.,cFor cif
and legislative body of _as, ° °j. t-e Depar tent of
liquor lice and prohibits a license
�on ro from issuing or transferring
.'after these notices are provided.
Alcoholic Beverage
until at least 30 days
This bill would re ire the v of the license or
to also and would allow any local law enforcement
icense transfer application, extensio of the 30 -day waiting
agency that is so notified to re e
period for a period not to excee an add tlonal 20 days.
tests 'nst the issuance of a liquor
Existing law p rovides that ro t of alcoholic Beverage Control,
license may be filed with the ep argen
as specified. Existing law permits the dep artment to reject protests it determines to be false, vexatious, or without reasonable or ts
probable
file
ermits a protestant whose protest has been reject
cause, and p department, as specified.
an accusation with the
This bill would re is
Contro , if, after roves
no wi hstanding a protest
governing body of a city
governing body in writin
in conjunction wine n
by
or
a public
county, t
its date
iment or
ecommends thar. a license be issued
n enc , a public official, or the
Q j a.. 4-ho aaencv . of f icinl , or
d o an the teas foaB
provided to the protestant,
ce of hear
specified.
��• including a licensee's
Existing law establishes various matters,
failure to take reasonable steps to correct easonableetime after receipt
premises or other immediate areas within aerens grounds for the
of a notice pursuant to a specified
0 072
' AB'987.RCD UctoDeZ 18, 1994 •
rage
suspension or revocation W a liquor license.
This bill would, as provided, noticelstoatakeereasonablelstepswtohin
a reasonable time after specified
correct objectionable that occur
public sidewalk abutting license, except with respect to
for revocation or suspension of a liquor
certain specified licenses.
Existing law establishes certain regulatory requirements with
respect to alcoholic beverages, and provides that the violation of any
of those requirements shall be punished as a misdemeanor, unless
otherwise provided.
ablish certain general operating standards that
This bill would est
are applicable, as provided, licensed violation eofs l
which would be
retailers of alcoholic be vera g es
punishable as a misdemeanor. BY creating a new crime, this bill would
establish a state - mandated local program.
rse local
The California Constitution requithe
costsstate
mandatedlbyuthe state.
agencies and school districts for certain
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 23987 of the Business and Professions Code is
amended to read: eMOM UL.
23987. U on mne
ap lica ion or any license or an applica roof arcoranofethe an
1cense, written notice thereof, consisting the department to the
application, shall imm ed by P
sheriff, chie o 1 c nd district attorney of the locality tin / which
the premises are si uated, to the citX or count in
whoever has jurisdiction, are situated, aif in unincorporated territory, and to
which the premises are of the city in which the
the city council or other governing body area.
premises are situated, if within an incorporated
No lice issued or transferred by the department until at
leas 30 !Ys after the ma endebartmentemartextendithee30- daceperiod
require y this section. ! ex e
specified in the preceding sentence for aeperiod
an local law
,Additional 20 dsys, upon the written rerounds for extension. Proper
enforcement agency that states proper g
grounds for extension are limited to the requesting agencyosed official
being in the process of preparing either a protest or prop
conditions with respect to the issuance or transfer of a license. .r
SEC. 2. Section 24013 of the Business and Professions Code is
amended to read:
24013. (a) Protests may be filed at any office of the department at
any time within ays from the first date of posting the notice of
0 0 "3
UCLODer 1!f ► l9y4
wB987.RCU verage &t the Premises,
engage in the 'ale of alcoholic be ursuant to Section
intention to gs of the mailing of the notification p
or within 30 day
23985.5, whichever is later. S ma b a
,r a re'ect rotests exce t the governing bo Y
(b) The de a or pro es s ma a by vexatious,
ubl(b a enc or public off icia protests are false,
o l y or county, if it determines the p time before hearing
or without reasonable or probable cause at aAy
Section 24016 or 24300• If
censetbe issued
thereon, notwithstanding a ublic official, or the
invest' nation, 'the de artmentar pcommcnagency, a p otif the
nz withstanding a protest by the de artment shall n and
y of a city or county' in Wz tin is provided
governing overning body the notice of hearing P
a official, or gin conjunction wi ent Code .
he reasons therefor, and is�s .
e Protestant pursuant to rt as provided in thisose section within 10
to th P rejects a protest as P en rejected ma
the �zaL�3� - �� whose protest has be jeCeat on with the
aa l cense a
file an a-
e rounds of protest as grn cause as provided a in n o
s a er the issuance 9f the license, s
department alleging ApR�rtne w �`'a» hel 1 of Division 3 of
the license and the d „ 500) of part
Chapter 5
commencing with secLl�,�
Title 2 of the Government code- be construed as Prohibiting or
(c) Nothing in this se ction shall the individual making the Protest might have
e
restricting any right which
to a judicial proceeding.
SEC. 3. Section
24200 of the Business and Professions Code is
amended to read:
24200. The following are the grounds that constitute a basis or
the suspension or revocation of licenses: to public
contrary
proceedings under this subdivision uivisi n are nnot
2 a
a) When the continuance of a license would
( proceed However, p
welfare or morals. artment's authority to p
limitation upon the dep
of Article XX of the California Constitution• cin with Section 24850)
Chapter 11
(commencing
(b) Except as limited by the violation or the
commencing with Section 25000),
and Chapter 12 ( of a violation by a licensee of this �i�hsion,
or the permitting pursuant to Part 14 (commencing or any
causing and adopted
any rules of the board pursuant to the provisions of this
o e,
001 of Division 2 of then Revenue and Taxation state prohibiting
Section 32 001) department adopted pur
rules of the depa pal provisions of law of this
session, gpiving away►
division, or any other Pe sing sale, use, Po
regulating the sale, expo or mislabeling of alcoholic
or requ misbranding,
adulteration, dilution, beverages or intoxicating liquors. material material fact by an applicant in
(c) The misrepresentation of
obtaining a license. or the plea of nolo
or judgment of guilty,
(d) The plea, verdict, moral turpitude or underusey
ublic offense involving sing for sale,
contendere to any P or regulating the sale, expo
of alcoholic beverages or intoxicating
federal law
prohibiting or reuse of distilled spirits
possession, or giving
liquors or prohibiting the refilling
containers charged against the licensee.
0 n7/
rage
UCrnDer lbs 1994
p698 i . RCU
steps to correct objectionable
the immediately adjacent
(e) Failure to take reasonable ncludin9 constitute a
conditions on the licensed premises, the licensee, that
area that is owned, leased, or rented by se
attorney, county counsel, or
in a reasonable time after receipt of notice to make those
nuisance with city
corrections from a district attorney, " used in Section 373a of
artment, under Section 373a °f remises. Penal Code. For the purpose ensed
the de "property rty or P adjacent to the lic
this subdivision only, P the licensee.
the Penal Code includes the asedeao rented by
premises that is owned, objectionable
ublic sidewalk
(f) Failure to take reasonbehours onranytp •thin a
conditions that occur during business
abutting a licensed premises and
constitute ee °oniyluponfrom
reasonable time after receip apply to a licensee
the department. This subdivision shall de upon request
department The department shall
written notice to the licensee itsmownedet determination, or u remises
issue this written agency in whose jurisdiction the P
substantial evidence that persistent
from the local law enforcement supported Y pub
sidewalk abutting
are located, that is ppo on the P
objectionable conditions ses Forrpurposeslof this subdivision:
the licensed p
licensed premises" means the
a
(1) "Any public sidewalk abutting not more than 20 feet from the
publicly owned, pedestrian- traveled way, emises, including any
premises, that is located between a licensed pr or rented by the
immediately adjacent area that is owned, leased,
licensee, and a public street.
drinking in Public,
" Objectionable conditions that drinking a nuisance" means
(r � ace, public drunk
disturbance of the Pe ambling, prostitution, loitering, Public
harassment of passersby, gambling,
trafficking, or excessive loud noise.
urination, lewd conduct,
(3) "Reasonable steps" means all of the following:
agency. Time
calls to the
(A) Calling the local law that are by the licensee, or his or
agency that are p the department as
local law enforcemenees9 shall not be construed by
her agents or employ
'dence of objectionable conditions that constitute a nuisance.
eve
Requesting those persons engaging in activities causing licensee,
(H) Requ personal safety would
objectionable counts or employees, feel that their �pe
or his or her agents that request.
be threatened in making
good faith efforts to remove items that facilitate
(c) (C) Making 9 t those structures app
-loitering, such as furniture, except
permitted by
the local jurisdiction. The licensee loiteringnot be liable
for the removal of those items that facile sonable steps," the
(4) When determining what constitutes "rea
department shall consider site configuration constraints related to the
unique circumstances of the nature of the business. de public eating
shall not apply to a bona ratedpby a retail
(g) Subdivision (f) that is so operate as
place, as defined in hotel, similar lodging
on -sale licensee: a hotel,
'
October 18, 1994
AB967.RCD : age o -�
b) t Section 25503.16; a wine growers license;
define d in subdivision ( as defined in Section 23357; those same or
a licensed beer manufacturer,
contiguous premises for which licenselandcanbeercmanufacturerhsllicense;
°f -sale retail beer
those same or contiguous premises at which an on -sale licensee who is
licensed as a bona fide public eating place as defined in Section 23038,
, motel, or similar lodging establishment as defined in
on (b) oti 25503. 16, a licensed beer manufacturer,
subdivisi as
a hotel f Section
defined in Section 23357, or �a onnsaleolicensecense, sells off -sale beer
and wine under the lic
SEC. 4. Section 25612.5 is added to the Business and Professions
Code, to read:
25612.5. (a) This section shall apply to licensees other than a
retail on -sale licensee ors definedlineSectiond23038ator as a hotelf lmotel,
public eating place,
or similar lodging establishment, as defined in subdivision (b) of
Section 1%ti n wine
23357; arretailnlicenseecwhoeconcurrentlya holds an
as defined ed in in Seec
off -sale retail beer contid and
for those same or contiguous lace, as defined
is licensed and operates as a bona fide public eating p
in Section 23038, or as a hotel, motel, or similar lodging
establishment, as in subdivision definedoin(Secti section
licensed beer manu facturer ,
growers license, who sells off -sale beer and wine under the on-sale
license on those same or contiguous premises.
(b) The Legislature finds and declares that it is se interesasof
,e public health, safety, and welfare to adopt Operating
set forth in this section for sporthfindthisasectionlare states standards
department. The standards set f
that do not preclude the adoand aimplementati laof more stringent
local regulations that are otherwise
(c) Other than as provided in subdivision (a), each retail licensee
shall comply with all of the following:
(1) �, prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES"
of the licensee.pTheQsize, a format,
that is clearly visible to p or signs shall be determined
form, placement, and languages of the sign
by the department. This paragraph shall apply to a licensee only upon
written notice to the licensee Eto a =edeestjfrom the local department shall
issue this written notice only upon
loo the premises are located, that
en orcement SggnrX in whose
is supports by substantial evidence that there is loitering adjacent to
the premises.
(2) A prominent, permanent sign or signs stating "NO OPEN �►I.COY.OLIC
B INI ARE ALLOWED ON THESE PREMISES" shall be postea in a
place that is c ly visible to patrons
of the licorssignshshallebe
format, form, placement, and languages of the sign to a licensee
determined by the department. This paragraph shall apply
ily upon written notice to the licensee from the department. The
uepartment shall issue this written notirlsoistion n e premises are
m the
local law enforcement agency-71h QM—se 5u
0 P4 e
0
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Acceptance of the construction of handicapped access ramps, bus pads and Maple Avenue sidewalks (final
contract amount $81,989.25).
RECOMMENDED COUNCIL ACTION:
1. Accept the work as complete.
ineer's Notice of Completion in the County Recorder's
2. Authorize the City Clerk to file the City Eng
Office.
INTRODUCTION AND BACKGROUND:
On July 15, 1997, the City Council awarded a contract for $78,142.57 to Century Paving for the construction
of handicap ramps, bus pads, and sidewalks along Maple Avenue between Sepulveda Boulevard and Nash
Street.
DISCUSSION:
The work has now been satisfactorily completed by the contractor. The final contract amount based on
actual measured quantities is $81,989.25. Subsequent to the contract award, four (4) handicapped access
ramps were added at the intersection of Sycamore Avenue and Virginia Street in response to a citizen's
request. Sufficient funds are available in the project budget to cover the additional contract cost and no
additional appropriation is required.
Staff is recommending City Council acceptance of the completed work.
ATTACHED SUPPORTING DOCUMENTS:
1. Location map of improvements.
2. Notice of Completion.
FISCAL IMPACT:
Operating Budget: No
Capital Improvement Budget: Yes
Amount Requested: $81,989.25 -
Project/Account Budget: $104,500.00
Project/Account Balance: $101,522.23 Date: 10/18/97
Account Numbers: 106 -400- 8203 -8562: 114 -400- 8203 -8365: and
114 - 400 -8203 -8604
Project Phase: Accept the work as comDlete
Appropriation Required: No
Date:
r
Date:
16 ,2-e-?-e-7;7
PW- NOVO4.01 (Tuesday 10/28/97 9:00 AM)
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Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name : Handicap ramps, bus pads and Maple Avenue sidewalk.
Project No.: PW 97 -10
Notice is hereby given pursuant to State of Califomia Civil Code Section 3093 et seq that:
1. The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of El Segundo
3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245
4. The nature of the interest of the owner is: Public street right -of -way
5. A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on 10/3/97. The work done was: Handicap ramps, bus pads and
sidewalk.
6. On 11/4/97, the City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in
the Office of the County Recorder.
7. The name of the Contractor for such work of improvement was: Century Paving, Inc.
8. The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows:
Various locations.
9. The street address of said property is: WA
Dated:
Bellur K. Devaraj
City Engineer
VERIFICATION
I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of
the foregoing Notice of Completion; I have read said Notice of Completion and know
the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 1997 at El Segundo, California.
Bellur K. Devaraj
City Engineer
NASPECS.PRJ\PW97- 10W0TICE.CMP (10/23197)
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Douglas Street Extension \Railroad crossing between Alaska Avenue and Park Place.
RECOMMENDED COUNCIL ACTION:
Refer the construction of a grade separation for the Douglas Street Extension to the Capital Improvement
Program Advisory Committee for consideration in next year's Capital Improvement Program.
INTRODUCTION AND BACKGROUND:
On November 5, 1996, the City Council authorized staff to submit an application to the California Public
Utilities Commission (PUC) for approval to construct an at -grade crossing across the Burlington Northern/
Santa Fe Railroad tracks. The at -grade crossing was requested in order to connect Douglas Street
between Alaska Avenue and Park Place.
DISCUSSION:
On November 14, 1996, staff applied to the PUC for approval of an at -grade railroad crossing. Similar
previous applications in 1963, 1965 and 1989 had been denied by the PUC primarily based on the
Railroad's objection, and PUC staff objection that an at -grade crossing presented a traffic hazard. The
Railroad and the PUC took the position that the City should pursue a more expensive grade separation
project (estimated cost: $9.75 million) instead of an at -grade crossing (estimated cost: $1.5 million).
(discussion continues on next page.......)
ATTACHED SUPPORTING DOCUMENTS:
1. Vicinity map.
2. PUC decision dated September 3, 1997.
FISCAL IMPACT: None at this time.
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number.
Project Phase:
Appropriation Required:
Page 1 of 2
PW- NOVO4.02 (Tuesday 10/28/97 9:00 AM)
� rigt
DISCUSSION: (continued)
In the 1996 application, the City had contended that its application should get a new hearing since several
facts had changed since the previously rejected 1989 application. The changed facts included the potential
reduction of train movements on this particular track as a result of the Alameda Corridor Project and the
City's proposal to construct an intermodal (park and ride, bus and private vehicle parking) facility for the
Green Line Station on the City -owned vacant property north of the crossing location. The Railroad again
protested the City's application.
On June 10, 1997, a PLC Administrative Law Judge held a pre - hearing conference to discuss the City's
application. Both the City of El Segundo and the Railroad made presentations at this hearing.
On September 9, 1997, the City received the enclosed decision from the PLC dismissing the City's
application without prejudice. Briefly, the PUC made the determination that the City had failed to
demonstrate material changes in the circumstances that existed when the City's 1989 application was
denied. The PUC also reiterated their policy of not supporting new at -grade crossings.
The following are some of the options available to the City:
1. Investigate the feasibility of making lobbying efforts at the political level to obtain PUC approval for
an at -grade crossing. The City's consultant, DeLeuw Cather, who has considerable experience in
PUC /railroad issues, has indicated that they are not aware of any previous PUC denials that were
subsequently reversed because of lobbying efforts.
2. Re- evaluate the impact on the railroad operations after the completion of the Alameda Corridor
Project (estimated to be in year 2005) and file an application with the PUC based on changed
circumstances if they make an at -grade crossing less objectionable to the railroad. While the
railroad use of the line will probably decrease, the poor geometry of the crossing and the railroad's
protest will still need to be overcome, and it is likely that the PUC may not approve an at -grade
crossing at that time.
3. Pursue obtaining MTA/Federal funding for the more expensive ($9.75 million) grade separation
project. The current traffic mitigation fee program includes an estimated $2 million as the
contribution from new development for the grade separation project. This amount (when collected)
can be earmarked as the City's matching share of potential outside grant allocations.
Pursuant to discussions with the City's consultant DeLeuw Cather and the El Segundo Employers
Association, staff recommends Option 3 for further action.
Staff is recommending City Council to refer the Douglas Street Extension /Railroad grade separation to the
Capital Improvement Program Advisory Committee for consideration in the City's future Capital Improvement
Program.
Page 2 of 2
PW- NOVO4.02 (Tuesday 10/28/97 9:00 AM)
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AL1 /MAB /jac * SEP - 91497 ISEP 4 1997
PUBLIC WORKS
Decision 97 -09-008 September 3, 1997 ENOINEERING
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of the City of El Segundo for an Order
authorizing construction of the new
of The at-grade
between Douglas Street and
Angeles County Metropolitan Transportation
Authority, P•U•C• 2H-15.0.
Application 96 -11 -023
(Filed November 18,1996)
r re ory T. Dion, Attorney at Law; Bellur Devaraj, City
Engineer; Ed Schroder, public Works Director;
Deleuw, Cather & Co., by Lenwood Howell; and Bob
Barton; for City of El Segundo, applicant.
Hill, Farrer & Burrill, by R Curtis Ballantvne, Attorney at
Law, for Burlington Northern and Santa Fe Railway
Company, protestant.
mPS T. Quinn. Attorney at Law, for the Rail
Ta
Safety /Carriers Division.
OPINION
On November 18,1996, the City of El Segundo (the City) filed an application
seeking Commission authorization, pursuant to Public Utilities Code §§1201 -1205, to
construct an at -grade crossing of the tracks owned by the Burlington Northern/Santa
Fe Railway Company (Railroad) at Douglas Street in El Segundo. In the application, the
Ci ty alleged that the extension of Douglas street over the tracks was an essential Part of
the City's master plan, that the City is suffering acute traffic congestion in the vicinity,
that the traffic from the expansion of the nearby Los Angeles International Airport will
require mitigation, and that a local employer must transport oversize and overheight
spacecraft assemblies to the airport via a circuitous route, which could be avoided with
the extension of Douglas Street.
On December 12,1996, the Railroad filed a protest to the application. In its
protest, the Railroad alleged that this at -grade crossing has been the subject of three
previous applications by the City. The Commission has denied each of the previous
-I-
0 0
A.96-11 -023 ALJ /MAB /jac
applications. Decision (D.) 65703, D.70065, and D.90- 08-005. The Railroad also alleged
that the current application is substantially similar to the previous application. The
Railroad requested that the application be dismissed, or, if not dismissed, that the
matter be set for public hearing.
On February 19, 1997, the assigned Administrative Law Judge (ALJ) issued a
ruling stating that the instant application and the application (Application (A.)
89 -02 -007) which resulted in D.90-08-005 contained virtually the same statements and
requests for relief. The assigned ALJ further found that the Commission had developed
a thorough record and that D.90-08 -005 carefully and dearly analyzed the facts and
policies which supported denying the earlier application. The ALJ directed the City to
file and serve, no later than 30 days from the date of the ruling, an amendment to its
application which specifically set out the facts which had changed since 1989 and which
could lead the Commission to reach a different conclusion. was dated March 19,
On April 10, 1997, the City filed an amendment (which
1997, and provided to parties on that date) to its application in which it stated that the
number of trains using the tracks has fallen, a crossing will facilitate an intermodal
transif station which will lead to decreased automobile use, and the financing for the
Alameda Street Consolidated Rail Corridor is complete• it stated that the
On April 3,1997, Railroad filed its response it which
Commission has a long history regarding this proposed crossing in Particular and all at-
grade crossings in general of disfavoring such crossings and only approving them
where the advantages outweigh the dangers and hazards created by such crossings.
Railroad also stated that each of the applicant's asserted factual changes are either
irrelevant or were'fully litigated in the previous proceeding.
On June 10, 1997, ALJ Anand V. Garde held a prehearing conference in which the
parties were given an opportunity to state for the record which issues are in dispute
such that hearings are required. Applicant stated the number of trains passing the
proposed crossing has decreased and that the Alameda Corridor rail project is almost
complete, the federal government having spent nearly $250 million, which will result in
-2-
0 08/
A.96 -11 -023 ALJ /MAB /jac *
further reductions in train use. An at -grade crossing is also necessary, according to
applicant, to allow commuters to use a nearby parking lot for the transit system.
The Commission Staff disagreed with the applicant and stated that the Alameda
Corridor project is just in the preliminary stage; no construction has actually started.
Staff also stated that their visual inspection of the site revealed that three large pillars
which support the elevated Green Line train would end up in the middle of the
proposed crossing, obstructing automobile drivers' view of any on- coming trains. Staff
concluded that no changes have occurred since the Commission last reviewed taus
proposal which would make a favorable ruling more likelY- In fact,
Staff concluded that
current circumstances would make an at -grade crossing less desirable now than in 1989.
Railroad stated that it agreed with Staff generally and that it specifically disputed
applicant's assertion that the train usage frequency had decreased. Railroad
emphasized that applicant has omitted any analysis of the inherent safety issues
involved with this site, which has severe line -of -sight limitations due to its 48 degree
angle.
Discussion
The Commission is committed to conducting the public's business in an efficient
manner. Where the Commission has issued a well- supported decision on a specific
matter, the Commission is unwilling to expend public resources trodding the same
ground once again.
The Commission's policy disfavoring at -grade crossings is well- stated in
Railroad's response. This Policy requires at least the assertion of compelling evidence
that will overcome the disfavored nature of these crossings, prior to scheduling
hearings.
As regards the proposed Douglas street crossing, applicant must overcome both
of these hurdles before the Commission will expend its limited resources to litigate this
matter. Applicant has not met this burden.
-3-
p ng5
A.96- 11-023 ALJ /MAB /jac *
The instant application, even as amended, makes substantially the same factual
arguments as have been previously presented and rejected by the Commission on
several occasions. The "new" policy arguments are largely irrelevant.
Tipping the balance further away from applicants is the Commission policy
disfavoring at -grade crossings. We require clear, compelling evidence (or at this stage
ble benefits will
'
of a proceeding, descriptions of such evidence) that specific, tangible
accrue to the public which justify imposing the dangers created by an at -grade crossing
on the public. The applicant has not made such a demonstration.
For these reasons, we will dismiss this application, without prejudice to the
City's ability to submit a new application which meets the standards articulated above.
Findings of Fact
1. The instant application, as amended, and the application (A.89 -02-007) which
resulted in D. 90- 08-005 contained virtually the same statements and requests for relief.
2. The Commission's policy disfavors at -grade crossings.
Conclusions of Law
1. The Commission developed a thorough record and D.90- 08-005 carefully and
clearly analyzed the facts and policies which supported denying the earlier application.
2. Applicant has not alleged a substantial change in material fact that would
warrant relitigating this application.
3. Applicant has not alleged sufficient facts which, if proven, would overcome the
Commission's policy disfavoring at -grade crossings.
4. This application should be dismissed, without prejudice to submit a new
application which meets the standards set out above.
-4-
0 086
A.96 -11 -023 ALJ /MAB /jac
ORDER
Therefore, IT IS ORDERED that:
1. Application 96 -11 -023 is dismissed, without prejudice to submit a new
application which demonstrates substantial changes in materials facts and which alleges
facts which will overcome the Commission's policy disfavoring at -grade crossings.
2. This docket is closed.
This order is effective today.
Dated September 3, 1997, at San Francisco, California.
P. GREGORY CONLON
President
JESSIE J. KNIGHT, JR.
HENRY M. DUQUE
JOSIAH L. NEEPER
RICHARD A. BILAS
Commissioners
-5-
0 0°.
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Proposed salary range and class specification for the new job classification of Revenue Inspector. Fiscal Impact:
Funding for the position is contained in the 1997 -98 Fiscal Year Operating Budget.
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolution.
2. Approve Class Specification.
INTRODUCTION AND BACKGROUND:
The City's 1997 -98 Fiscal Year Operating Budget reflects the reallocation of available Building Inspection staffing from
the Planning and Building Safety Department to the Finance Department in order to increase the collection of existing
revenues.
DISCUSSION:
The current incumbent in the single position job classification of Revenue Inspector reports to the Assistant Finance
Director and reviews, audits, and conducts on -site inspections of City businesses for compliance with current
municipal, state and federal business licensing, tax, permit and code requirements. As workload requires, the position
may also be assigned to perform the full range of journey level Building Inspection functions. The proposed monthly
salary range for Revenue Inspector is Range Number 70, $3419 - $4154 per month. This is the same salary range
as that currently in place for the job classification of Building Inspector II. The position will continue to be represented
by the General Employees Association.
ATTACHED SUPPORTING DOCUMENTS:
Resolution establishing monthly salary range and proposed class specification.
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No X
ORIGINATED: Date: October 29, 1997
Eunice Kramer, Director of Finance
Bob 1-Iyllr d, Director of Human Resources /Risk M
JID BY:
Morrison, C
AC ON TAKEN:
agenda 274
Date: 16 ,21�?--,? 7
0 088
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ESTABLISHING A SALARY
RANGE FOR THE JOB CLASSIFICATION OF
REVENUE INSPECTOR
The City Council of the City of El Segundo does hereby resolve, declare, determine and order as
follows:
Section 1. That the City Council approves the following basic monthly salary range for the
job classification of Revenue Inspector:
STEP A
STEP-B STEP-B
STEP C
STEP D
STEP
Salary Range 70 3419
3590
3769
3957
4154
Section 2. The City Clerk shall certify to the passage and adoption of this resolution; shall
enter the same in the book of original resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of the City Council of said City,
in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 4th day of November 1997.
Sandra Jacobs, Mayor of the
City of El Segundo, California
ATTESTED:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
RES- SLRY.nv
1 1:'
Date Adopted:
CITY OF EL SEGUNDO
REVENUE INSPECTOR
DEFINITION
Under general supervision, reviews, audits, and conducts on -site inspections of city businesses for compliance
with current municipal, state and federal business licensing, tax, permit and code requirements; performs as
liaison between the city and business owners and representatives; as assigned, also performs the full range
of journey level Building Inspection functions; and performs other related duties as necessary.
DISTINGUISHING CHARACTERISTICS
The Revenue Inspector reports directly to and receives direction from the Assistant Finance Director. This
single - position, field, joumey -level class is primarily assigned the responsibility to coordinate and facilitate the
license and tax revenue inspection and collection operations of the City. The position's responsibilities
include limited law enforcement powers of citation issuance, permits, warnings, correctional notices, stop work
orders and preparation of Notices of Intent to Prosecute with City Attorney's Office. As workload requires, the
position may also be assigned the full range of journey level Building Inspection functions.
The Revenue Inspector classification is distinguished from the classification of Accounting Specialist III in that
an incumbent is not responsible for accounting clerical work, and has field /on -site citation authority. The
Revenue Inspector is distinguished from the classification of Accounting Manager in that the incumbent is not
responsible for a major accounting function or supervision of a division. Although the position is not formally
recognized as supervisory, assignments require significant interaction with department directors, managers
and technical staff, business community leaders and proprietors, and strong interpersonal, customer service
and communication skills.
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following:
1. Audits tax, personnel, operational, financial, and licensing records of commercial, retail, industrial and
seasonal establishments on -site and /or in- house.
2. Performs on -site collection and /or follow -up inspections of delinquent accounts and related revenues due
the City, including issuing permits, warnings, citations, stop work orders, and /or Notices of Intent to
Prosecute. Makes payment arrangements with businesses for compliance with city ordinances.
3. Performs inspections on buildings, structures and locations to ensure compliance with city, state, and
federal safety and zoning laws, codes and specifications, during all phases of construction. Inspections
to include internal and external components such as chimneys, swimming pools, wiring, plumbing,
heating /refrigeration, insulation and ventilation for compliance with adopted codes, ordinances and
policies.
4. Coordinates and collaborates with other City departments, especially Economic Development, Planning
and Building Safety, and Police and outside agencies involved in the regulation, licensing, taxation, permit
and fee requirements of business collection, compliance, and enforcement. May represent City and
provide testimony in court.
5. Responds to inquiries and resolves disputes from public, business owners and /or representatives, and
others regarding licensing and permit requirements, procedures and policies.
6. Interprets and explains blueprints and related specifications with responsible party and discusses
deviations from specified procedures to ensure compliance with city, state, and federal regulations.
0 090
REVENUEINSPECTOR
Page 2
Examples of Duties (Continued)
7. Obtains evidence, prepares written and oral reports and maintains accurate inspection logs. Prepares
other related written materials. May make presentations to City Council, Planning Commission, and
various business community groups.
8. Reviews and recommends tax and permit ordinance changes, modification and /or deletions. Assists in
department budget preparation.
9. Maintains a current and thorough working knowledge of all applicable City, State and Federal laws and
procedures regarding municipal revenue sources, including business taxation.
10. Maintains a current and thorough working knowledge of applicable requirements within, but not limited
to, Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code,
Uniform Code for Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Sign Code,
Uniform Swimming Pool, Spa and Hot Tub Code.
11. Prepares reports and develops methods, procedures and policies pertaining to the performance of job
assignments including maintaining related logs, files, and other record keeping requirements.
12. Audits the posting and recording of all business tax and permit data entered in the City's financial
information system.
13. Promotes City customer service standards while in the performance of job duties and operates city-owned
vehicle in a safe manner
QUALIFICATIONS GUIDELINES
Education and /or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities
necessary for satisfactory job performance. Example combinations include a high school diploma/GED
equivalent, 90 semester units (or quarter equivalent) of college -level course work with a minimum of 24 units
in Accounting, Business Administration, Economics, Public Administration, or related field, three (3) years
experience in revenue collections such as business licenses, internal audits, or utility revenues, municipal
experience preferred, and two (2) years experience comparable to a City of El Segundo Building Inspector
I.
Knowledge. Skills and Abilities
Extensive knowledge of various types of organizations, purposes, and operations of business enterprise, basic
business law, municipal tax, business license and related revenue processing and control, revenue collection
administration; extensive knowledge of various types of organizations, purposes, and operations of building
inspection, codes, and zoning; knowledge of record keeping principles and practices, modem public relations
and practices, knowledge of modem investigative methods, techniques, practices, and legislation.
Ability to interpret and apply city, state, and federal codes, laws and ordinances related to construction
inspection, municipal revenue codes and taxation sections; ability to exercise good independent judgement
in applying ordinances, policies and regulations in wide range of situations; communicate effectively both orally
and in writing; deal constructively with conflict and develop effective resolutions; ability to analyze data and
prepare written and verbal reports; utilize data processing and financial spreadsheet applications; ability to
accurately access the needs and application of data processing relating to license and permit fee revenue
processing and control, perform field revenue collection, revenue and building inspection, and enforcement
work in difficult and /or stressful conditions with tact, diplomacy, and courtesy; maintain accurate and thorough
0 091
REVENUEINSPECTOR
Page 3
Knowledge Skills and Abilities (Continued)
records; ability to respond to inquiries and complaints in a timely, courteous and accurate manner, and
establish and maintain cooperative working relationships with other employees, supervisors, elected officials,
outside agencies, and business community members.
Current Plans Examiner Certificate.
Current ICBO Certification in Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code and
National Electrical Code.
Possession of, or the ability to obtain, a valid Class C California Driver's License and a satisfactory driving
record.
H:wpdocs \classpec \finance \REV -I N SP:10 \97mc
0 092
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award of contract for the construction of a storm drain in the 400 block of Washington Street north of Holly
Avenue, and Recreation Park Checkout Building drainage improvements (contract amount = $42,790.00).
RECOMMENDED COUNCIL ACTION:
Award contract to the low bidder, F.T. Pipeline Construction Company, in the amount of
$42,790.00.
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 October 7, 1997, the City Council adopted plans and specifications for the construction of a storm drain
in the 400 block of Washington Street and drainage improvements at the Recreation Park Checkout
Building. The purpose of these improvements is to improve the existing drainage systems which are
inadequate to provide proper drainage during heavy rains.
DISCUSSION:
The City Clerk on October 28, 1997, received and opened the following bids:
(discussion continues on next page....)
ATTACHED SUPPORTING DOCUMENTS:
Vicinity map.
FISCAL IMPACT:
Operating Budget:
No
Capital Improvement Budget:
Yes
Amount Requested:
$42,790.00
Project(Account Budget:
$46,500.00
Project/Account Balance:
$45.000.00 Date: 10/27/97
Account Number.
301 -400 -8205 -8984 and 301 -400- 8202 -8982
Pict Phase:
Award of construction contract
Appropriation Required:
No
ORIGINAT�� �,'2 Date:
ACTIO
Date ,/,/) ''7
Page 1 of 2
PW- NOVO4.03 (Tuesday 10/28/97 3:00 PM)
0 09
DISCUSSION: (continued)
COMPANY
BASE BID
F.T. Pipeline Construction Company
$42,790.00
The Allison Company
$45,809.00
W.A. Rasic Construction
$49,975.00
Miramontes Construction Company, Inc.
$51,084.00
Excel Paving Company
$51,850.00
B.R. Day Construction, Inc.
$54,544.00
Gansek Construction
$56,500.00
Bali Construction, Inc.
$68,778.00
Engineers Estimate $40,000.00
The low bid received is slightly more than the engineer's estimate probably due to the tendency of storm
drain contractors to raise bid prices immediately before an approaching storm season. There are sufficient
funds in the project budget to award the construction contract and no additional appropriations are required
for this purpose.
Staff has received favorable responses from the references provided by the low bidder on recently
completed storm drain projects for other agencies. Staff recommends award of the construction contract
to the low bidder, F.T. Pipeline Construction Company, in the amount of $42,790.00.
0 0!
Page 2 of 2
PW- NOVO4.03 (Tuesday 10/28/97 3:00 PM)
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EL SEGUNDO CITY COUNCIL MEETING DATE: 4 November 1997
AGENDA ITEM STATEMENT AGENDA HEADING: New Business, City Manager
AGENDA DESCRIPTION:
Recommendations for selection of window supplier and general contractors to perform the work for Phase 5 of
the City's Residential Sound Insulation Program.
RECOMMENDED COUNCIL ACTION:
1. Discussion;
2. Approval of recommended general contractors for Phase 5 of the El Segundo Residential Sound
Insulation Program; and,
Phase 5 of the El Segundo Residential Sound Insulation
3. Approval of recommended window supplier for
Program.
BACKGROUND:
Based on the bid packages presented, staff recommends the general contractors providing the lowest bids be
awarded contracts for the construction portion of Phase 5.
Based on the shortcomings of the bid package submitted by the window supplier that provided the lowest bid, it
is recommended that the bid be considered non - responsive and rejected in favor of the second lowest bid.
(Continued)
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
NO IMPACT ON THE Amount Requested: no additional funds
GENERAL FUND Project/Account Budget:
OTHER THAN A REDUCTION Project/Account Balance: approx $2.400,000 Date: 1 September 1997
OF OUT -OF -COURT Account Number: 116 -400- 0000 - several
SETTLEMENT FUNDS Project Phase: NA
OF LESS THAN Appropriation Required - Yes No X
$450,000
ATTACHED S PP RTING DOCUM NTS:
1. Phase 5 Bid Data.
ORIGINATED: Date: 23 October 1997
-C�
H N Holden, Special Projects Administrator
Date: 23 October 1997
R I WED Y:
Bret B JBern d, AICP, Director of Planning and Building Safety
REVIEWED BY: Date:
Mark Hensley, ity Attorney
REVIEWED--B-Y:
Date:
James W. Morrison, City Manager
ACTION TAKEN:
0 0 9 F;
rsrbid> acn
ACKG RO U N D AND IS C US—S ION:
Construction: At its regular meeting 2 September 1997, the City Council approved the Plans and
Specifications developed for Phase 5 of the El Segundo Residential Sound Insulation Program and authorized
staff to solicit bids for the project. Two window suppliers and two general contractors bid on Phase 5. Bid
opening occurred on 3 October 1997 in the City Clerk's office. The apparent low bids for the 7 construction
contracts appear fully acceptable, and staff recommends the lowest bidders be awarded the contracts. Golden
Bear Construction of Los Angeles is the low bidder on 6 of the 7 groups of homes. T&M Construction of
Garden Grove is the low bidder on one group of homes. Both firms have excellent reputations locally. T&M is
the prime contractor for the initial phase (125 multi - family units) of the RSI program for the City of Los Angeles.
Contractor bid figures are provided in Attachment (1) for comparison.
Window Supply: The two bidders for the window supply contract portion of Phase 5 of the City's Residential
Sound Insulation program are Graham Architectural Products Corporation and Peerless Products Inc.. The
apparent low bidder is Graham Architectural Products. Bidder figures are based on the fact that there are 984
windows to be replaced. Both bids are considered by staff to be within acceptable amounts of the pre -bid cost
estimated for the windows. Bid data follows:
Av. Cost
Bidder Bid per Window
Staff Estimate $479,250 $487.04
Peerless $483,999 $491.87
Graham $392,297 $398.68
However, Staff recommends the rejection of Graham's lower bid as non - responsive for the following
reasons:
1. Test data on Graham's casement window, though required, was not provided. Bid documents
state that the window supply bidders are to provide test data for all four types of windows
needed for the project. Another potential bidder withdrew from the bidding because of their lack
of test data on their casement window.
2. Catalog cuts (detailed drawings or photographs, materials, and performance data) for the
company's casement window, though required, were not provided. Again, the bid requirement
is to provide catalog cuts for all four required window types.
3. The four required window corner sections were not provided for analysis by the City's
consultant. Only one window corner section was provided.
4. The required Warranty was not completed or signed, though the incomplete form was included
in the bid submittal.
Graham Architectural Products' bid submission had serious omissions. Accepting corrections to the serious
shortcomings of the submissions after bid opening would clearly give Graham an advantage the other bidders
and potential bidders did not have. Peerless provided all required submittals. If awarded the bid, Peerless
windows will cost approximately $4.83 more each than estimated. This increase is easily contained within the
total amount budgeted for the project.
Project Cost Projections:
Construction cost
Window Cost (if Peerless approved as supplier)
Consultant Fee
City's Reimbursable Costs
Staff Reimbursable Cost
Budget approved by Council for Project:
1,364,435
483,999
256,000
28,000
_L28
2,161,134 20% ($432,227) provided by out of
court settlement.
80% ($1,728,907) provided by the FAA.
$2,400,000 $2,400,000
The cost for the project was estimated at: $2,384,940
Anticipated cost based on recommended contract awards: -$2 161.134 - $2,161,134
Anticipated contingency balance: $ 223,806 $ 238,866
0 097
rsi- bW5.agn
PHASE 5 BID DATA
23 October 1997
WINDOW SUPPLIER:
COMPANY BID
Graham Architectural Products, Inc. $392,297
Auburn, California
Peerless Products Inc $483,999
Overland Park, Kansas
ACOUSTIC INSTALLATION:
BIDDERS & BIDS: Golden Bear Construction Inc T &M Construction
Los Angeles California Garden Grove California
BID PACKAGES:
PW97 -2
$96,960
$128,960
PW97 -3
$207,990
$210,931
PW97 -4
$222,270
$259,552
PW97 -5
$176,410
$192,668
PW97 -6
$213;340
$202,095
PW97 -7
$218,250
$241,880
PW97 -8
$240,460
$301,867
Note: High bids have been shaded.
Attachment (I)
rsi -ph ?.bid
EL SEGUNDO CITY COUNCIL MEETING DATE: November 4, 1997
AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk, New Business
AGENDA DEWRIPTION:
Resolutions, calling for, ordering a Canvas of, requesting County Services for, and adopting regulations for
Candidates' Statements for, a Municipal Election, April 14, 1998.
1. Resolution calling and giving notice of the holding of a general municipal
election.
2. Resolution requesting County Services.
3. Resolution adopting regulations for Candidates' Statements.
4. Resolution ordering the Canvass of the General Municipal Election.
RECOMMENDED COUNCIL ACTION:
1. Discussion
2. Read Resolutions by title only
3. Adopt Resolutions
BRIEF SUMMARY:
The Municipal Election for two (2) Council members is to be held April 14, 1996. To proceed with the
regulations set forth by the Government Code, these resolutions should be adopted before the opening of
nominations beginning December 22, 1995 and ending January 16, 1996 (extended date January 21, 1998 if
an incumbent does not file).
Resolution calling the election
Resolution requesting County Services
Resolution adopting regulations for candidate statements
Resolution ordering Canvass
Election Calendar
FISCAL INOWT: (Check one General Fund XX
Amount Requested: $32,370
Account Balance: $32,370 Date: FY 97198 budget
Account Number. 1302
Appropriation Required - Yes No X
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING
TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO HELD ON
TUESDAY, APRIL 14, 1998.
WHEREAS, a General Municipal Election is to be held in the City of El Segundo,
California, on April 14, 1998; and
WHEREAS, in the course of conduct of the election it is necessary for the City to
request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the
City of El Segundo;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVED, DECLARE, DETERMINE AND ORDER AS FOLLOWS;
SECTION 1. That pursuant to the provisions of Section 10002 of the Elections Code
of the State of California, this City Council requests the Board of Supervisors of the County to
permit the County Election Department to prepare and fumish to the City for use in conducting
the election the computer records of the names and address of all eligible registered voters in
the City in order that the City may print labels to be attached to self - mailer sample ballot
pamphlets; and will also*fumish to the City printed indices of the voters to be used by the
precinct board at the polling place; and will make available to the City additional election
equipment and assistance according to state law.
SECTION 2. That the City shall reimburse the County for services performed when
the work is completed and upon presentation to the City of a properly approved bill.
SECTION 3. That the City Clerk is directed to forward without delay to the Board of
Supervisors and to the County Election Department, each a certified copy of this resolution.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF NOVEMBER, 1997.
APPROV D AIR TO FO M
City Atto ey
Sandra Jacobs, Mayor
of the City of El Segundo,
California
ATTESTED:
Cindy Mortesen, City Cleric
(SEAL)
0 1��
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provision of the laws relating to general law cities in the State of
California a General Municipal Election shall be held on April 14, 1998, for the election of
Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of California relating to
General Law Cities, there is called and ordered to be held in the City of EI Segundo,
California, on Tuesday April 14, 1998, a General Municipal Election for the purpose of
electing two Members of the City Council for the full term of four years;
SECTION 2. That the ballots to be used at the election shall be in form and content
as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may -be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock A.M. of the
day of the election and shall remain open continuously from that time until eight o'clock P.M.
of the same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, and manner as required by law.
SECTION 7. That the City Clerk shall certify to passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF NOVEMBER, 1997.
Sandra Jacobs, Mayor
of the City of El Segundo,
California
0 1]
ATTESTED:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
City Attom y
0 lPZ
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR THE ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 14,
1998.
WHEREAS, Section 13307 of the Elections Code of the State of California provides
that the governing body of any local agency adopt regulations pertaining to material prepared
by any candidate for a municipal election, including costs of the candidates statement:
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 13307 of the Elections Code of the State of
California, each candidate of elective office to be voted for at an Election to be held in the City
of El Segundo, on April 14, 1998 may prepare a candidate's statement on an appropriate form
provided by the City Clerk. The statement may include the name, age, occupation of the
candidate and a brief description of no more than 200 words of the candidate's education and
qualifications expressed by the candidate himself or herself. The statement shall not include
party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in the office of the City Clerk at the time the candidate's
nomination papers are filed. The statement may be withdrawn, but not changed, during the
period for filing nomination papers and until 5:00 P.M. of the next working day after the close
of the nomination period.
SECTION 2. The City Clerk shall have translated to spanish and printed in the voters
pamphlet only the candidates' statements of those candidates who request translation and
printing.
SECTION 3. No Candidate will be permitted to include additional materials in the
sample ballot package.
SECTION 4. The City Clerk shall estimate the total cost of printing, handling,
translating and mailing the candidates statements filed pursuant to the Elections Code, and
require each candidate filing a statement to pay in advance his or her pro rata share as a
condition of having his or her statement included in the voter's pamphlet. The City Clerk shall
bill each candidate for any cost in excess of the deposit or shall refund within 30 days of the
election any unused portion of the deposit.
SECTION 5. The City Clerk shall provide each candidate or the candidates'
representative a copy of this Resolution at the time the nomination petitions are issued.
SECTION 6. That all previous resolutions establishing Council Policy on payment of
candidates' statements are repealed.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
n �n3
PASSED, APPROVED AND ADOPTED ON THIS FORTH DAY OF NOVEMBER 1997.
Sandra Jacobs, Mayor
City of El Segundo, California
ATTESTED:
Cindy Mortesen, City Clerk
(SEAL)
APPROVED AS TO FORM:
City Attorney
0 Inn
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
APRIL 14, 1998, BY THE CITY CLERK.
WHEREAS, a General Municipal Election will be held and conducted in the City of El
Segundo, California, Tuesday, April 14, 1998 as required by law; and
WHEREAS, the City Council desires the canvass of the election to be made by the City
Clerk; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10263 of the Elections Code of the State
of California, the canvass of the General Municipal Election to be held is ordered to be made by
the City Clerk.
SECTION 2. That this resolution shall apply at the next ensuing municipal election
only.
SECTION 3. That the City Clerk shall complete the canvass of the election prior
to the first Tuesday after the election, and shall certify the results to the City Council on the first
Tuesday after the election.
SECTION 4. That Resolution 3950, and all previous resolutions ordering the
Canvass of the General Municipal Election are repealed.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON THIS 4TH DAY OF NOVEMBER,; 1997.
Sandra Jacobs, Mayor
of the City of El Segundo, California
ATTESTED:
Cindy Mortesen, City Clerk
City of El Segundo, California (SEAL)
APPROVED AS TO FORM:
✓,� t
City Attorney
o tic
