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1997 SEP 02 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.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, September 2, 1997 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Mayor Pro Tem Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to Ci1y 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 sue.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and /or existing litigation; and/or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 2. Rinebold/Hawk v. City of El Segundo, LASC Case No. YCO25220 3. Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 4. Helm v. City of El Segundo, Inglewood Case No. 97SO2170 0 002 09- 02- 97.5pm CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -16- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid - Management & Confidential Employees (City Manager, Negotiator). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with Negotiator regarding acquisition of a strip of land owned by Chevron along the easterly boundary known as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in connection with the Sepulveda Boulevard widening project. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. ADJOURNMENT POSTED: DATE TIME Ll '_ Dom; 09- 02- 97.5pm 2 NAME 0 003 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR. MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 2,1997 - 7:00 P.M. Next Resolution # 4032 Next Ordinance #_1277 CALL TO ORDER INVOCATION - Pastor Dennis Estill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE - Mayor Pro Tem Nancy Wernick PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Request by Alan Sharp of Heal the Bay for City support on Coastal Clean -Up Day on September 20, 1997 at El Segundo and Dockweiler Beaches by providing certain equipment at the two sites. Recommendation - Discussion and possible action. 0 004 2. Request for Council approval of a one -day bingo permit for the Kiwanis Club at the 1997 Richmond Street Fair to be held on Saturday. October 11 1997 from 10:00 a.m. to 5:0012.m. Recommendation - Discussion and possible action. Request by The Kenny Nickelson Memorial Foundation for Homeless Veterans, Inc. to conduct a linen yard sale on Saturday, November 8, 1997 from 8 a.m. to 3 p.m. in the City parking lot located at Mariposa and Main Streets to generate funds for KNMF activities for the homeless in Los Angeles and the South Bay. The City allowed similar sales to be held by KNMF at the same location on December 14 1996 and April 19 1997. Recommendation - Discussion and possible action. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Asenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Continued public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc). Property Owners: Carl E Knutson Harry Anderson. Recommendation - 1) Hold continued public hearing; 2) Discussion; 3) Review new findings and information from the Planning Commission; and, 4) Uphold Planning Commission's decision; or 5) Other possible action /direction. C. UNFINISHED BUSINESS - 1. Second reading and adoption of an Ordinance of the City of El Segundo, California authorizing an amendment to the contract between the City Council of El Segundo and the Board of Administration of the Public Employees Retirement System that provides Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police Safety members as required 2 0 005 by the El Segundo Police Officer's Association 1997 -2000 Memorandum of Understanding. Fiscal Impact: The current surplus of assets in this benefit account is projected by PERS to be sufficient to pay . the employer cost for 25 years Recommendation - 1) Discussion; 2) Second reading of Ordinance by Title only; and 3) By motion, adopt Ordinance. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Reschedule interviews of candidates to the Capital Improvement Program Advisory Committee, Community Cable Advisory Committee, Investment Advisory Committee, Planning Commission and Senior Citizen Housing, Corporation Board. Recommendation - Reschedule interviews of candidates, with deadline for filing of applications automatically extended to 48 hours prior to scheduled interview. 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 241058- 241341 on Demand Register Summary Number 05 in total amount of $647.710.13, and Wire Transfers in the amount of $164,146.99. 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 08/12/97 to 08/25/97. 2 City Council meeting minutes of August 19 1997 Recommendation - Approval. 3 Contract for financial services support with Government Financial Services (Approximately $48,000 annually). Recommendation - Approve one year contract with two one year renewal options with Government Financial Services for accounting services required during vacancies and MIS project conversion. 1 11. 4. Award of contract for the refurbishment of the Joslyn Center Elevator in Recreation Park contract amount = $28.9 2.00 . Recommendation - 1) Authorize a reallocation of $10,000 from the Facilities Maintenance Fund project to water seal Fire Station No. 2 to the Joslyn Center Elevator refurbishment project, also funded by the Facilities Maintenance Fund. 2) Award contract to the low bidder, Amtech Elevator Services, in the amount of $28,932.00). 3) Authorize staff to issue a purchase order to Amtech Elevator Services to provide the services. 5. Request Council to approve the project to upgrade the Police facility's video camera system, and proceed with the formal bidding=nrocess in an amount not to exceed $16.250. Recommendation - 1) Approve project for video camera system upgrade. 2) Proceed with formal bidding process for same upgrade. 6. Accept the bid of Livingston Graham/Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. Recommendation - Authorize staff to issue a Purchase Order to Livingston Graham/Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. 7. County Wide Waste Disposal Siting Element and County Summary Plan. Recommendation - Take no action, allowing plans to be deemed approved. Renewal of the professional services contract with The Compliance Group for professional plan checking services of structural and special high -rise construction projects on an "as- needed" basis. The amount to be paid the Contractor under this agreement is estimated to exceed ten thousand dollars ($10,000); and, therefore requires City Council review and approval. Recommendation - Approval of the contract for The Compliance Group for the 1997/98 fiscal year. CALL ITEMS FROM CONSENT AGENDA 0 007 F. NEW BUSINESS - CITY MANAGER - 1. The Plans and Specifications for the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Window Supplier Contracts are provided for the Council's review and possible approval. Recommendation - 1) Discussion; and, 2) Approval of the El Segundo Residential Sound Insulation Program Plans and Specifications, and Contractor and Supplier Contracts, and authorization to advertise for bids. [NOTE: The Staff Report and additional and replacement pages are being provided separately for insertion in the separate RSI Program notebooks provided with the August 19, 1997 agenda.] 2. Approval of Work Agreements between the City and Chevron U.S.A. and between the City and AlliedSignal for utility relocation and site remediation in connection with the Sepulveda Boulevard widening (Fiscal Impact• $1,500.000). Recommendation - Approve the Work Agreements and authorize the Mayor to execute them on behalf of the City. [NOTE: Copies of the Work Agreements will be provided by the City Attorney to Council and the public prior to the City Council meeting.] G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - An Ordinance of the City Council deleting Chapter 2.09, Regulations of Campaign Contributions from the Municipal Code in light of recent State regulations (Proposition 208). Recommendation - 1) Discussion 2) Read the Ordinance by title only. 3) Introduce Ordinance and schedule September 16, 1997 for second reading. 2. Resolution establishing a Voluntary Expenditure Ceiling ( "VEC ") for the April 14, 1998 Municipal Election. Recommendation - 1) Discussion. 2) Read the Resolution by title only. 3) By motion, adopt resolution, or 4) Reject the Resolution for Voluntary Expenditure Ceiling. I. NEW BUSINESS - CITY TREASURER - NONE 1 11' J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE Councilman Weston - NONE Councilwoman Friedkin - 1. Determine City Council interest in establishing city authority over trees growing in private prMea front yards. Recommendation - 1) Direct City Attorney to investigate the City's ability to control trees located in front yards on private property. 2) Direct staff to conduct a comprehensive tree inventory to identify street trees and trees in front yards, which may presently be outside of established easement. Mayor Pro Tem Wernick - Oral status report on the Area Code 310 meeting. Recommendation - Possible direction to prepare letter to the California Public Utilities Commission and the CalNevada Code Administration. 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., September 2, 1997 under "Closed Session" (if needed). 0 009 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: $` ? TIME: ' G 6 NAME: 09- 02 -97.ag © () I () RECEIVED 2701 Ocean Park Blvd., Suite 150 Santa Monica CA 90405 . l I 310.581.4188 fax 3 1 0.581.4195 /^�TTITf TT I P n r �� 1 �;��,; htb @healthebay.org www.healthebayorg /healthebay HealtheBay. CITY MANAGER'S OFFICE City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Jim Morrison City Manager Dear Mr. Morrison: August 15, 1997 It was a pleasure speaking with you the other day. As we discussed, Coastal Clean -up Day is September 20th, I will head up the efforts for Heal the Bay at E1 Segundo and Dockweiler Beaches. In order to facilitate the clean -up, I am requesting that the City of E1 Segundo provide the following: 4 FOLDING TABLES 8 FOLDING CHAIRS 4 SUN SHELTERS 4 TWO —WAY RADIOS If possible I would appreciate the city delivering the equip- ment to the two sites at 7:30 AM the day of the event, with pick- up of same at 12:30 PM that day. I will attend the Council Meeting on September 2, to offically present my request. Your assistance in this matter is greatly appreciated by all who use and enjoy our beaches and ocean. Sincerely, Alan Sharp Beach Captain n n1s Earth Share. PRINTED ON RECYCLED PAPER U CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE DATE: August 21, 1997 TO: James W. Morrison, City Manager FROM: Jim Fauk, Recreation and Parks Director .� SUBJECT: Heal the Bay Request It should be noted that this request would break with a long standing policy of not loaning tables and chairs to groups other than El Segundo Unified School District, El Segundo Chamber of Commerce or activities co- sponsored by the City of El Segundo. The Recreation and Parks Department does not have sun shelters or two -way radios available to loan to groups. It is my understanding that the police department and fire department may have pop -up shelters. Event Manpower Costs (Overtime) $100.00 For delivery and pick up of chairs and tables. JF:mt 0 012 qty Inter - Departmental Correspondence August 25, 1997 To: James W. Morrison, City Manager From: Tim Grimmond, Chief of P Subject: Clarification of Municipal Bingo Ordinance At the August 19th council meeting the El Segundo Kiwanis Club requested permission to host a bingo game operation at the Richmond Street Fair on Saturday, October 11, 1997. Accordingly, the Police Department reviewed ESMC Chapter 5.46 and determined the following answers to specific questions raised by council members at that meeting. Concerning the location of the proposed bingo games, Section 5.46.170 ESMC states that any licensee shall conduct bingo games only on property owned or leased by it or donated to it for a period of at least 90 days prior to the date of application. The license must specify the address where the organization can conduct bingo. This not being the case, bingo would not be allowed away from the location where Kiwanis Club has listed their license location, the High School Cafeteria. Concerning the participation of minors, Section 5.46.200 states that no persons under the age of eighteen years of age shall be allowed to participate in any bingo game. There is no prohibition for minors to be present at the games, only that they may not participate in the games. As the Municipal Code is written, and barring any waiver granted by the City Council, bingo games would be prohibited under the proposal presented by the Kiwanis Club. bingo.mem 0 013 El Segundo Kiwanis Club P.O. BOX 392 EL SEGUNDO, CALIFORNIA 90245 26 August 1997 Dear Honorable Mayor and Members of the City Council, I wish to clarify the request made by Marsha Pumel of the Chamber of Commerce to have Bingo a part of the Richmond Street Fair on 11 October 1997. The El Segundo Kiwanis Club, employing a license granted by the City Council in 1994 and routinely renewed by the City every year since, conducts a monthly Bingo at the cafeteria at El Segundo High School. Inasmuch as we are already conducting Bingo, we were approached by the Chamber to conduct Bingo at the Fair. Cognizant of the fact that our license is for a specific location, and is non transferable, we herein request from the Council certain waivers. 1) Concerning the location of the proposed Bingo games, Section 5.46.160 ESMC states that "Bingo games shall be conducted only within structures approved for public assembly as such is defined in the Uniform Building Code...." Inasmuch as you are approving the street for public assembly, we request that this section of the code be waived in order to hold the Bingo outdoors under a canopy in the Chevron parking lot in the site indicated on the enclosed map provided by the Chamber. The Bingo would take place within a designated area, delineated by cordons, accommodating a maximum of 150 persons at any one time. Section 5.46.170 SSMC requires that any licensee shall conduct bingo games only on property owned or leased by it or domed to it for a period of at least 90 dan prior to to date of application. Chevron has donated their parking lot for the Fair, and, through the person of Lily Craig, the Kiwanis Club, on 19 August 1997, ascertained that Chevron has no objection to the lot's use for Bingo. We herein request that you simply waive the 90 day stipulation of the Municipal Code, should that be necessary. 2) Concerning the participation of minors, Section 5.46.200 ESMC states: "No person under the age of eighteen years of age shall be allowed to participate in a bingo game." We rigidly enforce this section of the code at our monthly Bingo, and would do so at the Richmond Street Fair as well. In fact, the Chamber's intention in asking us to conduct Bingo is to provide something for mgr rds to do while their children amuse themselves 0 014 El Segundo Kiwanis Club (4) P.O. BOX 392 EL SEGUNDO, CALIFORNIA 90245 at the Kiddie Karnival. 3) our nontransferable license would also have to be transferred for this one day event. Perhaps this could be accomplished by waiver as well. I assure you that in compliance with Section 5.46.120 ESMC, all proceeds realized from the Bingo games at the Fair will be used for charitable purposes, namely to support the Kiwanis sponsored youth programs and scholarship programs within the City of El Segundo. I hope that this has answered any questions you might have had regarding this proposal, and that you grant whatever waivers are required. I intend to be present at the next Council Meeting in order to be available should you have any additional questions. J► . Rev. Alexei Smith President Elect of the El Segundo Kiwanis Club, and Kiwanis Bingo Chairperson Enc. 0 015 D m { FRANKLIN AVENUE M 2 DM A A" �m z M a r D r m { M 1 O O 9 GRAND AVENUE RA lCOMMICIMI 0 cn� 00 D� :13 �O m0 o� CO m> �p co M 0 O °J O 'p O M =ol -nmWHD a Q N Q � Q Ca A W � cL N � Q. a J s ° R O 8 $ 0 �+ m Ui 0 O °J coo 'p C to apt a Q N Q � Q Ca A W � cL N � Q. a J Q? m Co 0 m3coc.Cn= m N O N N N m 'o ma�> 5CD'�m o CD in q v M co co n 0 v CA < 0CDZM0 Iv to co M *4 '11 d v m ao 0 �� �W w V 0 •! ,. w A� ' v to N 0 0 a A KK JJ 1 II HN GG FF EE 00 CC 00 M N a COMMUNrTY STAGE x m Z v C) M am D r FOOD TABLES i� m 8 R s "s a� M L) z Z J M k O Z O n >O �m r Qm 00` ..� C v O OLD TOWN MUSIC. HALL a C O M D D z M FM G) x M z �D z Z Om z --I r m { D m { TDmZDW m U c O O — y o O N a C/) 0 �+ m O 0 O O 'p C to apt a Q Q � Q Ca C 0 c�''�m cL iwNi Q. a Q? m Co 0 m3coc.Cn= m N c o . Z cnwor m 'o ma�> 5CD'�m o CD in q v M n 0 n CA < 0CDZM0 M O to w M *4 '11 d v m ao 0 �� �W 3 O 0 •! ,. N ?C O CL ' v .a O cG r 0 0 a o M 0 3 ) :0 Q 0 Z z M o m w M 3 C7 o m CL D� a o �' O a � o Z CD :3 ° o �_ O ��° C/) _ < , ° A CL = o %5 M z < M 'D 0 a cn o M w � � a 0 =r �, o o g i cr O M 0 M � = C N M O O 00 O (=D O � N O O O C I 1 . EL SEGUNDO MUNICIPAL CODE Page 5 -109 Title 5 - BUSINESS REGULATIONS AND LICENSING Chapter 5.46 BINGO GAMES FOR CHARITABLE PURPOSES Sections: 5.46.010 DEFINITION OF "BINGO." 5.46.020 ORGANIZATIONS ELIGIBLE FOR CITY LICENSE TO CONDUCT BINGO GAMES. 5.46.030 APPLICATION FOR LICENSE. 5.46.040 APPLICANT MUST BE QUALIFIED. 5.46.050 CONTENTS OF APPLICATION -FEE. 5.46.060 INVESTIGATION OF APPLICANT. 5.46.070 CONTENTS OF LICENSE. 5.46.080 SUMMARY SUSPENSION OF LICENSE PENDING OPPORTUNIT`.' FOR HEARING - MISDEMEANOR TO CONTINUE AFTER SUSPENSION - REVOCATION. 5.46.090 REVOCATION OF LICENSE - ALTERNATIVE PROCEDURE. 5.46.100 APPEAL OF REVOCATION TO CITY COUNCIL. 5.46.110 MAXIMUM AMOUNT OF PRIZE. 5.46.120 PROCEEDS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. 5.46.130 FINANCIAL INTEREST IN LICENSEE ONLY. 5.46.140 EXCLUSIVE OPERATION BY LICENSEE. 5.46.150 BINGO GAMES OPEN TO PUBLIC. 5.46.160 ATTENDANCE LIMITED TO OCCUPANCY CAPACITY. 5.46.170 BINGO GAMES CONDUCTED ONLY ON LICENSEE'S PROPERTY. 5.46.190 CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED. 5.46.200 MINORS NOT TO PARTICIPATE. 5.46.210 INTOXICATED PERSONS NOT TO PARTICIPATE. 5.46.220 PARTICIPANT MUST BE PRESENT. 5.46.230 INSPECTION OF PREMISES. 5.46.240 RECEIPT OF PROFIT BY A PERSON A MISDEMEANOR UNDER STATE LAW. 5.46.010 DEFINITION OF "BINGO." As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. (Ord. 929). 5.46.020 ORGANIZATIONS ELIGIBLE FOR CITY LICENSE TO CONDUCT BINGO GAMES. Organizations exempted from the payment of the bank and corporations tax by Sections 23701a, 23701b, 23701d, 2370le, 23701f, 23701g, 23701(1) of the Revenue and Taxation Code; mobile home park associations and senior citizens' organizations, are eligible to apply to the city for a license to conduct bingo games in the city under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter; provided, however, that the receipts of such games are used only for charitable purposes. (Ord. 1069) (April, 1996) 0 017 EL SEGUNDO MUNICIPAL CODE Page 5 -111 Title 5 - BUSINESS REGULATIONS AND LICENSING The annual license or renewal fee of fifty dollars shall accompany the application. Where applicant qualifications depend upon an exemption, the applicant shall also submit, with its application, a Certificate or Determination of Exemption under Sections 237-01a,-23701b, 23701d, 23701e, 23701f, 23701g, 23701(1) of the Revenue and Taxation Code, or a letter of good standing from the Eemption Division of the Franchise Tax Board in Sacramento showing exemption under one of the eligible Revenue and.Taxation Code sections. (Ord. 943). 5.46.060 INVESTIGATION OF APPLICANT. Upon receipt of the completed application and the fee, the director of finance shall refer the same to interested departments of the city including, but not limited to, t::e city manager, city attorney, police department, fire department, planning department and the building and safety department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. A period of not less than thirty days shall be allowed for the purpose of conducting said investigation. (Ord. 929). 5.46.070 CONTENTS OF LICENSE. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city, upon authorization by the city council the director of finance shall issue a license to said applicant, which shall contain the following information: The name and nature of the organization to whom the license is issued. The address where bingo games are authorized to be conducted. The occupancy capacity of the room in which bingo games are to be conducted as set forth on the certificate of occupancy and /or posting or room capacity as specified in the Uniform Building Code, as adopted by the city. A description of where the room is located at the address, room site, number of exits, type of seating that will be provided participants and other pertinent information shall be listed. The date of the expiration of such license. Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. (April, 1996) 1 1 : EL SEGUNDO MUNICIPAL CODE Page 5 -113 Title 5 - BUSINESS REGULATIONS AND LICENSING 5.46.090 REVOCATION OF LICENSE - ALTERNATIVE PROCEDURE. Whenever it appears to the city manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 5.46.080 the license may be revoked; provided, however, the licensee may appear before the city council at the time fi::ed by the city manager, for the purpose of presenting evidence .,;::y the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof 'by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. Any organization whose license is revoked under this section shall not conduct any bingo game in the city until such "time as the city council, on an appeal, makes a determination as to whether the license shall be reinstated. The determination of the city council on the appeal shall be final. (Ord. 929). 5.46.100 APPEAL OF REVOCATION TO CITY COUNCIL. Any holder of a license whose license is revoked under this chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the city council. Such appeal shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within thirty days after its receipt by the city, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the city council on the appeal shall be final. (Ord. 929) . 5.46.110 MAXIMUM AMOUNT OF PRIZE. The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held. (Ord. 943). 5.46.120 PROCEEDS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. (a) All proceeds derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such proceeds shall be used only for charitable purposes, except as follows: (April, 1996) EL SEGUNDO MUNICIPAL CODE Page 5 -115 Title 5 - BUSINESS REGULATIONS AND LICENSING 5.46.170 BINGO GAMES CONDUCTED ONLY ON LICENSEE'S PROPERTY. A licensee shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, for ninety or more days prior to date of application and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. (Ord. 1069). 5.46.190 CONSUMPTION OF ALCOHOLIC BEVERAGES PROHIBITED. The serving and consumption of. alcoholic beverages is prohibited in the room where bingo games are being conducted. (Ord. 929) . 5.46.200 MINORS NOT TO PARTICIPATE. No persons under the age of eighteen years of age shall be allowed to participate in any bingo game. (Ord. 929). 5.46.210 INTOXICATED PERSONS NOT TO PARTICIPATE. No person who is obviously intoxicated shall be allowed to participate in a bingo game. (Ord. 929). 5.46.220 PARTICIPANT MUST BE PRESENT. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. (Ord. 943). 5.46.230 INSPECTION OF PREMISES. No person shall interfere with, prevent, or refuse to permit a police officer to make an inspection or examination of any premises where bingo games are authorized to be conducted, for the purpose of determining-whether the licensee is complying with the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. (Ord. 943). (April, 1996) 0 020 G1J Y f'��' G NO: 4 BINGO LICENSE NAME OF ORGANIZATIONS: EL SEGUNDO KIWANIS CLUB ADDRESS:. P.O. BOX 392 - EL SEGUNDO, CA 90245 ORGANIZATION PURPOSE Charitable (Local Support of Youth) (CHARITABLE, RELIGIOUS, ETC.) ROOM CAPACITY: 180 ROOM LOCATION:E1 Segundo High School Cafeteria ROOM SIZE: TYPE OF SEATING: Tables NO. OF EXITS: 3 NOT TRANSFERABLE - MUST BE POSTED IN CONSPICUOUS PLACE. EXPIRES: 12 -31 -97 Monthly Event (Usually 2nd Friday) el�' ) '�� - - I/ EUNICE KRAMER FINANCE DIRECTOR 0 021 t� SFCU^O a .��0 4 C a a C 4 4o JCh00` SUPERINTENDENT WILLIAM N. MANAHAN, Ed.O. July 27, 19942 El Segundo Unified School District 641 SHELDON STREET - EL SEGUNDO, CALIFORNIA 90245 (310) 615 -2650 - FAX (310) 640 -8272 The Honorable Carl Jacobson, Mayor Honorable City Council Members Mr, James W. Morrison, City Manager City of El Segundo 350 Main Street El Segundo, California 90245 BOARD OF EDUCATION ALAN D. LEITCH President CHRISTINE M SHERRILL Vice Pm dent KEITH R. WISE Clerk LORRAINE L. LOFUN Member KENNETH N. SCHOFIELD Member Dear Mayor Jacobson, Council Members, and Mr. Morrison: This letter will serve as confirmation that the El Segundo Unified make available the High School II1Fed School Distract has agreed to cafeteria and adjoining facilities at the High School in conjunction with Board policy 1330(x) through (g) -_ Use of Se of conducting a monthly Bingo session on the second Friday District's understanding that the Kiwanis Cl hO01 Facilities -- for the purposes Club of El Segundo�s incthe Pmonth. It is rocess of the School license to provide Bingo at the 1 "Bingo" endeavor are led ocation indicated above and that the roc obtaining a and /or other programs pledged or �h�e Youth to in City or the students at El Proceeds h °m his Y El Segundo, g School The School District is aware of the Municipal Code of th El "Bingo" for charitable purposes and wishes to coo a City °f Segundo Bingo provided it meets the conditions ass Pertaining to Aerate with Kiwanis in providing space for specified in the El Segundo Municipal Code. Sincerely you , William , nahan Superintendent WNM: rh 0 022 i�9 X44,00 .� and &0 L. nn n��siur�n /��roi�� rewunNSnc'�7 ci»n�gJJiai�ir/� ci /;�Fmt fo s�� �`naiton•nu�n! l /'a!/F���tu educal tod Board of Directors. President and Chairman of the Board Richard G. Nick Nickelson Vico- President and Executive Director Doris Montoya - Nickelson KNMF (former Human Resources Director) Treasurer and Accountant Carla M. Freeman, CPA t,ertified Pub& Accoun tan t SmiorAssociate, BDO Seldnran, LLP Chief Financial Officer Nancy Flores - Kuiland, CPA InterralRevenueAgent Internal Revenue Service Department of the Treasury Secretary Director, veterans Services Nola Oriola small Business Manager South Goast Air Qpht7 Management District Director, Media Affairs Tony Diamond Executive Director Brotherhood Rally of all [veterans Organizations Director, Intergovernmental Affairs Mayor Larry cuidi MayorofHasvthome 1residen4 Keiben Corporation Director, Corporate Fundraising Mark A. Lundahl President; A j. Reynolds, Inc Director, International Fundraising Gavin Westerman THE KENNY NICKELSON MEMORIAL FOUNDATION FOR HOMELESS VETERANS, INC. A O. Box 3098 (217 Gull Street) Manhattan Beach, CA 90266 (310) 5452937 and Fax (310) 939.7738 The Honorable Sandra Jacobs City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor Jacobs: RECEIVED r 2 0 199; CITY MANAGER'S OFFICE August 25, 1997 RECEIVED CITY COUNCIL This is a request for City Council approval to utilize the parking lot located at the northend of the MailBox on Main Street (Southwest corner of Mariposa and Main Streets) to conduct a non - profit fund- raiser. We would like to conduct the fund - raiser on November 8, 1997. As you know, KNMF is a 501(c)(3) non - profit tax- exempt, public corporation. Enclosed is a copy of our tax exempt letter and other information about KNMF. The type of fund - raiser we would like to conduct is a linen sale. We receive donated linens from a major linen supplier and sell the linens for less than 50 -70% of their value. The South Bay Youth Project Student Volunteers have offered to provide volunteer support at the event. We have conducted these types of "yard sale fund - raisers" since 1993 and have found that the fund- raiser benefits our homeless programs and projects. Because the linens donated are from the finest linen manufacturers in the country, the donor receives quality linens at reduced prices, and at the same time they are supporting the work of a charity that services the homeless in the South Bay and Los Angeles. We would like to hear back from regarding your approval as soon as possible so that we can inform customers at fund - raisers scheduled in Manhattan Beach and Hermosa Beach. We sincerely appreciate the support we have received from you and the City of El Segundo. Enclosures Sincerely, �at4­0- ;144944vV-- Richard G. "Nick" Nickelson Chairman n n ?3 POLICY - MAIN BTREET /MARIPOSA AVENUE PARKING LOT MAIN BTREET /MARIA SA AVENUE PARKING LOT COMMUNITY USAGE POLICIES Approved by City Council at the June 15, 1993 meeting. The following policies relating to the use of the Main Street /Mariposa Avenue parking lot for fund raising activities are effective July 1, 1993. E1 Segundo non - profit organizations that are. related to E1 Segundo schools; E1 Segundo youth organizations; E1 Segundo charitable organizations; E1 Segundo church youth groups; or groups organized to raise money for the above organizations. leas ; "Bazaars" of "soft- goods "; Art Shows and other legal activities that are clean, safe and easy to set -up and take down. FOOD SALES ARE NOT ALLOWED. Saturday's between.8:00a.m. and 5:00p.m.; Sunday's between 1:00 p.m. and 5:00 p.m. POLICY 4 CONDITIONS OF APPROVAL: Reservations are on a first come, first serve basis. A reservation is for one organization, unless two can agree to share the lot. An organization may not reserve two weekends in a row. organizations must supply their own tools /equipment - automatic shut -off nozzles must be used to conserve use of the City's water; the nozzles are available in the Finance Office for a $25.00 refundable deposit. The names, addresses and phone numbers of adult sponsors of the group activity must be obtained when a reservation is made. The sponsor(s) are to be advised of the conditions related to use of the lot. The lot must be left in good condition. The sponsors and the organization are responsible for running an orderly activity. They are responsible for any damage done by their group to nearby property and /or the lot itself. The City reserves the right to change /modify policies that it deems -iecessary for the purpose of public good. policy. lot 0 024 EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Continued public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96- 6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. RECOMMENDED COUNCIL ACTION: 1) Hold continued public hearing; 2) Discussion; 3) Review new findings and information from the Planning Commission; and, 3) Uphold Planning Commission's decision; or 4) Other possible action /direction. INTRODUCTION AND BACKGROUND: The Planning Commission, at its January 30, 1997 meeting, considered and Denied (as a result of a tie- vote), the above referenced project, which included (at that time) a Variance application (Variance 96 -5) to allow a reduction in the required number of parking spaces on the site by three (3) spaces. On February 6, 1997, an appeal of the Planning Commission decision was filed by the applicant, Mr. Mas Takahashi, project representative for TAS Air Cargo (USA), Inc.. On April 28, 1997, the applicant withdrew the Variance application after it was determined by City Staff that the project site does provide the required number of parking spaces (13 spaces) after the applicant recalculated the net floor area of the office, warehouse and storage uses of the building and redesigned the parking lot layout. On July 15, 1997, the City Council considered the applicant's appeal and determined that it needed additional information from the Planning Commission because the project which the Planning Commission Denied was different than the appealed project since it did not include the Variance application, just the Conditional Use Permit application. (Continued on the next page) ATTACHED SUPPORTING DOCUMENTS: 1) Planning Commission Minutes, January 30, 1997 2) Planning Commission Staff Report, August 14, 1997 3) Draft Planning Commission Minutes, August 14, 1997 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 ORI NAT,ED: Date: 22 ugust 1997 Bret 'B1 B BAIC'P, irecto ard, r of Plannin and Buildin Safet Z7/ % REVI BY: Data-, "gorrison 'AKEN: 0 025 TAS Air Cargo (USA) Inc. -- Appeal City Council Staff Report Date: September 2. 1997 DISCUSSION: On August 14, 1997, the Planning Commission held a public hearing and discussed the Appealed project (for the Conditional Use Permit request only), as requested by the City Council on July 15, 1997, and provided Staff with information to be transmitted to the City Council. Although notified of the meeting, the applicant was not present at the meeting so no public testimony was taken. Staff presented the project to the Commission and the Commission made several comments relating to the lack of striping in the parking lot, the necessity of adding two additional parking spaces in the rear if only 13 spaces are required (the applicant is proposing 15 spaces), the "unfriendliness" of the freight forwarding use to the City and the fact that the building currently shows two addresses on it. The Commission recommended that the City Council consider approving the Conditional Use Permit with the following conditions: 1) that the applicant obtain a building permit for the unpermitted drive -in dock door at the rear of the building; 2) that vehicular trips be limited to a maximum of 40 -45 trips per day; 3) that the use be subject to a 6 or 12 -month review; 4) that the parking lot be restriped; 5) that all previous and current improvements to the building have Building Permits and Police and Fire inspections. The Commission voted that the City Council consider approval of the project, 2 -0 -1 (2 "yes" votes and 1 "abstain" vote). As the Council is aware, this is currently only a four (4) member Commission; and, on August 14, 1997, one Commissioner was absent, (Commissioner Boulgarides). A Resolution will be drafted for City Council adoption subsequent to this evening's meeting, pursuant to direction provided by the Council. P:\projects\393 \appeal \ea393cc2.sr 1 0 026 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA January 30, 1997 Chairman Robert Yeagley called the regular meeting of the El Segundo Planning Commission to order at 7:05 p.m. in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Commissioner Boulgarides led the Pledge of Allegiance to the Flag. PRESENT: WYCOFF, PALMER, BOULGARIDES, YEAGLEY. CROWLEY - excused absence. Director Bernard presented the Fiscal Year 1996 -1997 Capital Improvement Program, Findings of General Plan Consistency. Commissioner Boulgarides moved to adopt the Consent Calendar. Commissioner Palmer seconded. Passed 4 -0. Director Bernard stated there are two new business items; A. an Environmental Assessment and Subdivision and B. an Environmental Assessment, Conditional Use Permit and Variance. The representatives for Item B requested to go first on the Agenda. The Commission agreed. Ms. Naima Greffon presented the Staff Report for Item B as outlined in the Agenda packet. Director Bernard stated that any action the Commission takes on the Variance acts as a precedent for other applications in the future. Also, variances run with the property, so if the use changes there would still be a variance from the parking standards for that property. Chairman Yeagley asked if this property was part of the mass CUP effort done some time ago? Ms. Greffon stated no. Commissioner Boulgarides asked about granting the variance to keep the loading dock, thereby reducing the number of spaces. Is this two different variances? Ms. Greffon stated the variance is for the parking, due to the impact of keeping the loading dock It is a variance to reduce the parking standard. Commissioner Palmer asked is it not typical for a business to try to get a variance or CUP before they move into a new facility? Ms. Greffon stated some businesses may not know, they move into a building, and then ask for a business license. Then it is too late. Commissioner Wycoff asked if the variance runs with the property and the CUP runs with the business? Mr. Bernard stated they are both attached to the use itself. The business operation plan for a new use would be looked at as presented to Planning through the business license review. It would be reviewed versus the conditions as specified for the CUP, as well as the Code Standards. As long as they are in compliance with both, they would be allowed to take over through the business license without further review by the _. Commission. Commissioner Boulgarides asked if the loading dock was original to the building or added later? Ms. Greffon stated it was added in the `80s, but without obtaining a building permit. There are two other loading docks which are at ground level. The loading dock in question is above ground. 1- 30min.PC CALL TO ORDER PLEDGE TO FLAG ROLL CALL CONSENT CALENDAR NTW BUSINESS EA -393 0 027 Mr. Rodan stated the back of the building is not a completely straight line. You can drive in parallel to the building directly to the ground level of the door. You don't have to go through three parking spaces in order to drive the forklift into the door. Really, just one parking space is lost. Commissioner Boulgarides asked if there was room at one of the other dock doors for a ramp? Mr. Rodan stated no, because if there is a concrete ramp built, you will eliminate access to the other door and will have to move all the parking spaces on the side. Also, unloading and fork lifting things up to warehouse height cannot work, because then the forklift will have to remain outside. Chairman Yeagley closed public discussion. Chairman Yeagley stated if they don't find for the CUP, there is no point in COMMISSION looking at the Variance. In the Staff s write -up on Page 3 it mentions the CUP DISCUSSION should be approved. On Page 2 is the correct verbiage in the Zoning Code which states the Planning Commission may grant a CUP if it determines all the findings can be met. Mr. Bernard stated this is a repeat of a recommendation on the first page. Commissioner Wycoff stated the three findings for the CUP are very clearly stated and Staffs analysis seems straight forward and to the point. He doesn't see an issue with any of them. Chairman Yeagley stated he has an issue with freight forwarders. It is not a right of zone, they require a CUP. The Commission is allowed to make a determination that may be arbitrary. He drove into that area and is not sure it is conducive to freight forwarding operations. The area is meant to be for a warehouse or distributor. He didn't see any recommendations on trip limitations. If they decide to approve a CUP, he feels there should be a trip limitation. They tend to open the door for freight forwarders in that area. The alley is narrow and is shared with multiple small industries. Commissioner Boulgarides stated industry and manufacturing by their nature are going to generate some truck trips. It is consistent with the area and is not an unreasonable use of the building. He doesn't have a problem in limiting the trips. Chairman Yeagley asked Staff about the other freight forwarders in that area and if it was part of the mass CUP and grandfathered in? Ms. Greffon stated the zoning requirements at that time did not specifically require a CUP. Commissioner Boulgarides stated that freight forwarding is cleaner than manufacturing and is a natural fit for that area. Chairman Yeagley stated there is very little revenue for the City on this approval. Commissioner Boulgarides moved to grant the CUP as written and MOTION Commissioner Wycoff seconded. Motion failed 2 -2 for lack of action. Commissioner Boulgarides moved to place this item on a future agenda when all five Commissioners are present. Chairman Yeagley seconded. Motion failed 2 -2 for lack of action. Chairman Boulgarides moved to accept the Variance application as put forth by the tenants of the building. Chairman Yeagley seconded. Motion denied 4- 0. The applicant has 10 days from today to appeal both items. A � 1 1- 30min.PC 3 Commissioner Palmer stated it seems like the original intent was known and it is just a matter of internal conflicts that created some ambiguity of how it is drafted. She is in favor cleaning it up, and agrees with Staffs interpretation. Chairman Crowley stated they wanted to eliminate repetition of the sections but then they point to an entire section and get portions of that section that do not really apply. It was the intent and it was discussed that they do want to put some kind of landscaping requirement on residential R -1 and R -2 and there already is some on R -3, but they hadn't discussed the details. The Commission agreed with Staffs recommendations. DRAFT New Business was presented next, Environmental Assessment EA -420. NEW Address: 2310 E. Imperial Highway, Applicant: Richard Shapiro /Gerald BUSINESS Chong, Winco Asset Management, Inc. Director Bernard presented the Staff EA-420 Report as outlined in the Agenda Packet. This item was received and filed, as the application was withdrawn by the applicant. The next Item, Environmental Assessment EA -393 and Conditional Use Permit 96 -6, Applicant: Mr. Mas Takahashi, TAS Air Cargo (USA) Inc., Address: 129 Sierra Street, El Segundo, CA 90245 was presented next. Hannah L. Brondial Bowen, Contract Planner, presented the Staff Report as outlined in the Agenda Packet. Director Bernard stated they had both a variance and CUP before the Commission. They were both to be considered concurrently. The reason it was denied was because it was a 2 -2 vote. In utilizing Staffs assistance and the Code, the applicant was able to produce several more parking spaces so both the request for a reduction in required parking and the variance were withdrawn. At that point, only the CUP was appealed to the Council. They only had to deal with the CUP and they have now asked the Commission to reconsider the Commission's action on the CUP since no variance is required. Commissioner Palmer stated that even though the plans show 15 parking spaces, she is not sure why they are trying to put the 15 where they are asking. The striping is not there for 14 and 15 and if it were there and there were parking in that area, that would take away so much flexibility from the 5 parking stalls that those two back up to. If the site only requires 13, why are they proclaiming 15, with 2 being in an area of inconvenience? Ms. Bowen stated tandem spaces are allowed in the Zoning Code and they would be considered tandem. Director Bernard stated these areas can be requested to be painted in for the two compact spaces. They are really for those visitors for the business who would come and leave and the inside spaces would be used and could be requested for the employees who would not be coming and going so frequently. EA-393 CUP 96-6 8- 14min.PC 5 0 029 Commissioner Palmer asked why the drive -in dock d for a r building permit when DRAFT Bowen stated this is because they never applied as a condition to get that it was installed. Staff would like the app unpermitted drive -in dock door permitted. It would be to their advantage because there would be a Building Safety inspection which would make sure that the construction of this meets the Department's standards. Furthermore, the building would have to undergo Police and Fire Inspections to make sure it meets their standards. This could be made part of the requirements tonight. Commissioner Palmer stated the building has both 129 and 133 as an address, and questioned if there are two separate addresses. Director Bernard stated they have only 129. Commissioner Palmer also stated that the business of freight forwarding is not friendly to the City. Chairman Crowley stated this will be a light freight forward operation and is not an intense use. Director Bernard stated their Code is vague when it gives the definition as to whether it is a freight forwarder or warehousing. They hope to bring it back to the Commission at the next meeting regarding another site that they are looking at in the same general area to determine what is warehousing and what is freight forwarding and if there is some sort of correlation between the two. Vice -Chair Crowley asked if they go ahead with this CUP, could a cap be placed on the truck traffics such that it can't get out of hand in the future. Director Bernard stated it can be capped to whatever the Commission wants. Staff is supportive as to what has been presented so far. Chairman Crowley stated there have always been a limited number of truck trips and passenger car trip ends, and a six or twelve month review to verify that they are within their bounds on every freight forwarder application would be a good idea. Vice -Chair Wycoff agreed. He feels 40 -45 trip ends would be a good number. Director Bernard stated this will be coming before the Council as a continued public hearing and Staff can communicate any recommendations made tonight to the applicant and if they feel the numbers are too low, they can make that case to the Council during the public hearing. The Commission looked at the Conditional Use Permit Findings and agreed on all three items. Planning Commission recommended that the City Council consider approving the CUP, with the conditions as previously stated. Passed 2 -0 -1 with Commissioner Palmer abstaining. MOTION Chairman Crowley presented Continued Business, Environmental EA-419 Assessment EA -419, General Plan Amendment GPA 97 -3, Zone Text GPA 97-3 8- 14min.PC 6 0 030 r. CITY OF EL SEGUNDO INTERDEPARTMENTAL CORRESPONDENCE Meeting Date: Thursday, August 14, 1997 TO: Honorable Chairman and Planning Commissioners 3 FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety THROUGH: Laurie B. Jester, Senior Planner STAFF $ PLANNER: Hannah L. Brondial Bowen, Contract Planner SUBJECT: Environmental Assessment EA -393 and Conditional Use Permit 96 -6 Address: 129 Sierra Street Applicant: Mr. Mas Takahashi, TAS Air Cargo (USA) Inc. REQUEST At its meeting on July 15, 1997, the City Council directed Staff to obtain additional input from the Planning Commission regarding the above - referenced application, which was Denied by the Planning Commission on January 30, 1997, as a result of a tie -vote; and, which was subsequently appealed by the applicant on February 6, 1997. The application is a request to allow an existing freight forwarding business, currently operating without City approval, to continue its operation within an existing 7,820 (gross) square foot building (7,701 net square feet), at 129 Sierra Street, in the (Smoky Hollow) Small Business (SB) Zone. The City Council is requesting additional input from the Planning Commission because the original project, which the Planning Commission Denied, included a Variance application (Variance 96 -5) to allow a reduction in the required number of parking spaces on the site by three (3) spaces; however, the appealed project, which the City Council considered on July 15, 1997, was a request to approve the Conditional Use Permit only, without the Variance application. The Variance application was withdrawn on April 28, 1997, three (3) months after the Planning Commission Denial, after the applicant recalculated the net floor area of the office, warehouse and storage uses of the building, redesigned the parking lot layout and provided the required number of parking spaces: 13 spaces required, 15 provided. Any new information from the Planning Commission discussion will then be forwarded to the City Council for its September 2, 1997, continued public hearing of the applicant's appeal. 0 031 Planning Staff recommends that the Planning Commission review the facts and required findings related to Environmental Assessment EA -393 and Conditional Use Permit 96 -6, contained within this Report, and provide Staff with any additional input or recommendation. The project site is located on the west side of Sierra Street, between El Segundo Boulevard and Franklin Avenue, in the Small Business (SB) Zone. The site consists of a 7,820 (gross) square foot two -story building situated on a relatively flat, 80 foot wide by 140 foot deep lot (0.26 acres). There are fifteen (15) parking spaces on the site [six (6) spaces in the front and nine (9) spaces in the back], and three (3) loading doors [two (2) are permitted dock -high doors and one (1) is an unpermitted drive -in dock door]. Access to the site is provided from the alley and from Sierra Street. PROTECT DESCRIPTION The proposed project is to allow an existing freight forwarding company, currently operating without City approval, to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet). Approximately 5,391 square feet of the building is used for warehousing and approximately 2,310 square feet is used for office space. Five (5) employees and three (3) to four (4) visitors per day are anticipated at the site. The proposed use would generate between three (3) to five (5) 20 -24 foot truck trips per day, and one (1) 40 -foot truck trip per month. Thirty (30) to thirty -eight (38) vehicular trip ends per day are anticipated. Based on City Business License records, the building was formerly used by Ameritel for 5 years for wholesale distribution and retail sales of telecommunications equipment. Prior to that, the building was used by Concordia for one year, also for international freight forwarding (Concordia did not have approval of a Conditional Use Permit and the use was allowed as a permitted use and reviewed and approved through the Business License review process). Ameritel employed 12 people and Concordia employed 11 people. SURROUNDING AREA CHARACTERISTICS The project site is surrounded by the following businesses: a commercial bakery to the north, a freight forwarder to the south, a manufacturing business to the east (across Sierra Street) and, a commercial launderer to the west (across the alley). The proposed use is compatible with the surrounding area as manufacturing/light industrial businesses abound in this area, as well as other freight forwarders. The surrounding land uses and zones are as follows: Pq 0 032 . North: Manufacturing SB South: Freight Forwarder SB East: Manufacturing SB West: ENVIRONMENTAL Manufacturing REVIEW SB The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1(a), existing facility with no expansion, and Resolution 3805 as a ministerial exemption. The project site is zoned Small Business (SB) and is located in the Smoky Hollow area of the City. Pursuant to Section 20.42.040 of the El Segundo Municipal Code (ESMC), freight forwarding uses require approval of a Conditional Use Permit in the SB zone. Furthermore, Section 20.74.050 of the ESMC states that the purpose of a Conditional Use Permit shall be: A. To assure the compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located; B. To assure the proposed use is consistent and compatible with the purpose of the zone in which the site is located; and, C. To recognize and compensate for potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards. In accordance with Section 20.74.060 of the ESMC, a Conditional Use Permit (CUP) may be granted if all the following findings can be met (the findings appear in bold, with Staff's analysis following): A. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located; The neighborhood surrounding the project site and along Sierra Street is predominantly developed with small industrial and manufacturing buildings with related offices, including a few small freight forwarders. The proposed use is 3 0 033 consistent with the intent and purpose of the Small Business (SB) zone (as established in Section 20.42.010 of the ESMC), which encourages the perpetuation of small and light industrial activities, and is compatible with the surrounding land uses. B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and, The proposed use is not anticipated to result in the creation of any new hazards which would be detrimental to the public health, safety, or welfare; or, be injurious to other properties in the vicinity, since the project site is surrounded by similar uses which are allowed in the zone and the use is less intense than the previous two businesses. C. That the proposed conditional use will comply with each of the applicable provisions of this Chapter. The existing building met all of the applicable development standards for the Light - Manufacturing (M -1) Zone when the building was constructed in 1977, as an industrial building. The project site provides the required number of parking spaces as dictated by the Zoning Code. Based on Staff's analyses above, which supports the required three (3) Conditional Use Permit Findings, Staff recommends approval of the Conditional Use Permit. A. City Council Staff Report (July 15, 1997). B. City Council Minutes (July 15, 1997). Prepared by: Hannah L. Brondial Bowen Contract Planner 4 0 034 Reviewed by: Laurie B. Jestif Senior Planner Approved by: Bret Berr�rd, AICP/ Dire r of lanning nd Building Safety 5 EA393\appeal \sa393pc.sr 0 035 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT .AEETING DATE: July 15, 1997 AGENDA HEADING: Special Orders of Business Public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96-6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. RECOMMENDED COUNCIL ACTION: 1) Hold public hearing; 2) Discussion; and, 3) Uphold Planning Commission's decision; or 4) Other possible action /direction. INTRODUCTION AND BACKGROUND: The Planning Commission, at its January 30, 1997 meeting, considered and Denied, as the result of a tie -vote, the above referenced project. The original project included a Variance application (Variance 96 -5) to allow a reduction in the required number of parking spaces on the site by three (3) spaces. On February 6, 1997, an appeal of the Planning Commission decision was filed by the applicant, Mr. Mas Takahashi, project representative for TAS Air Cargo (USA), Inc.. On April 28, 1997, the applicant withdrew the Variance application after it was determined by City Staff that the project site does provide the required number of parking spaces (13 spaces) after the applicant recalculated the net floor area of the office, warehouse and storage uses of the building and redesigned the parking lot layout. Planning Commission Resolution No. 2388, the approved Minutes from the January 30, 1997 Planning Commission meeting, and the Planning Commission Staff Report and associated attachments, and other related information were previously distributed to the City Council (July 2, 1997) as background information. The Planning Commission Staff Report includes more detailed background and analysis of the proposed project. A Resolution will be drafted for City Council adoption subsequent to this evening's meeting, pursuant to direction provided by the Council. (Continued on the next page) ATTACHED SUPPORTING DOCUMENTS: 1) Appeal letter dated February 6, 1997. 2) Letter dated April 23, 1997, withdrawing the Variance application. 3) Revised plans dated April 28, 1997. (Planning Commission Staff Report, Minutes, related materials — previously distributed) FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes _ No _ 0 017 036 TAS Air Cargo (USA) Inc. — Appeal City Council Staff Report Page 2 Date: July 15, 1997 DISCUSSION: The Planning Commission held a public hearing, took public testimony, and Denied, because of "lack -of- action' (i.e., tie - vote), the project proposal on January 30, 1997. To reiterate, at the meeting, the Planning Commission considered two applications: a Conditional Use Permit (to allow the freight forwarding use) and a Variance (to allow a reduction in the number of required parking spaces). Since the applicant has withdrawn the Variance application, this appeal refers to the Denial of the Conditional Use Permit only. The Planning Commission discussion focused primarily upon the Variance application, however, there was some discussion on the compatibility of the freight forwarding use to the surrounding area, its potential traffic impacts, the limited amount of revenue this approval would generate, the narrowness of the alley, and the fact that there are many small industries located there. In general, the Commissioners felt that the freight forwarding use was compatible with the surrounding area; that truck trips are inevitable for industry; that the use is not an unreasonable use of the building, and in fact, is preferable to a manufacturing use since it is cleaner; and, impacts could be mitigated by limiting the number of truck trips per day. The proposal only includes three (3) to five (5) 20' -24' truck trips per day and one (1) 40' truck trip per month. It should be noted that Staff, in its Planning Commission Staff Report, recommended approval of the Conditional Use Permit since all three (3) required findings could be made, however, Staff did not recommend approval of the Variance. During the meeting, the Planning Commission made three (3) different motions: 1) Approve the Conditional Use Permit as recommended by Staff; 2) Continue this item to a future date until all five (5) Planning Commissioners were present; and, 3) Approve the Variance. All three motions failed due to lack of action (2 -2 votes); and, as a result, the project was Denied. P: \projects%393%appealWa393 -cc.sr 0 037 t TAS AIR CARGO,(" S.A.) INC. - Los Angeles Otfi ^e 129 Sierra Street • El Segundo, CA 90245 • Tel: (310) 322 -7789 • Fa February 6, 1997 City of El Segundo City Council 350 Main Street El Segundo, CA 90245 Attention: Naima Greffon Planning Technician Re: Environmental Assessment EA- 393 /CUP 96 -6NAR 96 -5 Address: 129 Sierra Street Lessee: TAS Air Cargo, Inc.; Mas Takahashi Owners: Carl E. Knutson; Harry Anderson Dear Sirs: Fax (310) 322 -7499 _ We have received your letter dated February 3, 1997 informing us that the Planning Commission has denied our request for the above referenced project. We understand that the appeal period expires February 9, 1997 and we are therefore submitting this letter to specifically state the reason for our appeal and why we believe the required conditional use permit and variance can be approved. While we wish to resolve this matter as quickly as possible, we do not require the first available date the City Council meets. We are appealing the Planning Commission's decision not to grant the Conditional Use Permit (CUP) and the variance on the above referenced property. Even though the Planning Department recommended approval of the CUP, the Planning Commission denied it because of "Lack of Action." 0 038 0 019 l City of El Segundo City Council February 6, 1997 Page Two We feel, however, that if all 5 Planning Commission members had been present, they would have followed the recommendation of the Planning Department and approved the CUP. The following information was provided to the Planning Department with the original application for the CUP and Variance. This information was used in making their recommendation for the approval of the CUP to the Planning Commission. For reference purposes, I have attached a copy of the Planning Commission Agenda for January 30, 1997, as it applies to the CUP. TAS Air Cargo (U.S.A.) Inc. currently has a total of five (5) employees: one (1) warehouse man and four (4) office personnel, with one of the office staff helping in the warehouse when needed. Employee and visitor parking of 13 is quite sufficient, since we only have 5 employees and a maximum of 3 to 4 visitors per day. TAS Air Cargo (U.S.A.) Inc. will be using the building for general office use, which includes administrative, accounting and document processing. The warehouse will be used for freight forwarding, warehousing and storage. Our freight forwarding load is handled by 3 to 5 twenty to twenty -four foot trucks a day and only 1 forty foot truck per month. TAS does not own or lease any trucks. 129 Sierra and the buildings adjacent to the south are situated approximately 43' from the alley (property line) which provides easy access and sufficient parking for the trucks without interfering with the adjacent business in the area. The building currently has 2 dock high doors (approximately 22 inches high) and one door with a ramp. The height of this door averaged approximately 18" from the ground which allowed for a ramp with a short approach and gentle slope. The loading doors will be more than adequate for the traffic we generate since the majority of our freight forwarding is handled, loaded and processed at LAX and does not come to our warehouse. 0 039 0 020 City of El Segundo City Council February 6, 1997 Page Three All of the surrounding buildings are industrial, with some of the tenants engaged in the air freight business. We feel that our intended use will blend in extremely well with the surrounding business. Our truck traffic and employee traffic is very low, in fact it is considerably lower than that of the past two tenants. Total Communications occupied the premises for 5 years prior to us and Concordia International Forwarding (a freight forwarder) occupied the premises from 1982 until the time Total Communications' occupancy commenced. Both companies had a greater number of office employees and visitors, and Concordia had a very high truck trip count. 129 Sierra completely suits our business requirements and provides us with a good mix of office, warehouse and storage space. Sincerely, Mas Ta as TAS Air Cargo (U.S.A.) Inc. MT:dw Attachment n x`40 0 021 ,J TAS AIR CARGO '.S.A.) INC. - Los Angeles C -e 129 Sierra Street • El Segundo, CA 90245 • Tel: (310) 322 -7789 • Fax: (310) 322 -7499 April 23, 1997 City of El Segundo Department of Planning and Building Safety 350 Main Street El Segundo, CA 90245 Attention: Bret B. Bernard, AICP Director Re: Environmental Assessment EA- 393 /CUP 96 -6NAR 96 -5 Address: 129 Sierra Street Lessee: TAS Air Cargo, Inc.; Mas Takahashi Owners: Carl E. Knutson; Harry Anderson Dear Mr. Bernard: We are withdrawing the request for the parking variance on the above referenced property. With help from the Planning Department and the code book, we have redefined the parking layout and added an additional two parking spaces, creating a total of fifteen (15) spaces. A portion of the warehouse (32'6" x 15'3" or 495 square feet) was incorrectly identified as the `warehouse office." It has, in fact, always been a secured warehouse storage area. We also performed an accurate measurement of the existing office and warehouse area. The first floor office measures 1,009 square feet; the second floor office measures 1,301 square feet, thus creating a total of 2,310 square feet. The total square footage is then divided by the parking requirement for an office space of 300 square feet, which equals 7.70 parking spaces for the total office area. The total warehouse area of 6,400 square feet minus the first floor office area of 1,009 sq. ft. equals 5,391 square feet, or 5.39 parking spaces for the warehouse area. Adding the parking requirements for the office and warehouse area together brings the total number of parking spaces to 13.09. We hope this letter of explanation, along with the submitted building and parking drawings, will satisfy the parking requirements for this property. r' Sincerely, APR 2 8 Tak Regional Manager 0 041 0 022 .a N Q" ,I z> -o ' A M F, J A 5 '12 v P ® ,I i �� tl •'1 Oee1( wl Door_ ILLS i z> -o 3 5'-fo+ ' A M F, J A 5 '12 v P S_O• $_o A 4E-'poY4 tenowr OOPR �� tl 3 5'-fo+ 0 Q42 0 023 P�- ' A M F, J A 5 S_O• $_o A 4E-'poY4 tenowr OOPR A4.sn-vc v..w, •'1 Oee1( wl Door_ ILLS i 1 I� 1 W r 0 Q42 0 023 P�- 27 -' I1-D i OFFICE SQUARE FOOTAGE: WAREHOUSE SQUARE FOOTAGE: First floor 1,009 sq. ft. Total first floor 6.400 sq. ft. 'i Second floor 1,301 so. ft. Less office sq. ft. 1,009 sa. ft. Total 2,310 sq. ft. Total 5,391 sq. ft. G PARKING SPACES l 2,300 sq. ft. office / 300 = 7.70 Parking p� 5,391 sq. ft. warehouse / 1000 = 5.39 Parking Total 13.09 Parking Spaces i I O I G i t 0 I 0 ti SECURED WAREHOUSE STORAGE Kk RR I m I 459 SO. FT. fR ��rii zi- .Mlregs I iron 32 -to'� 3' 7 I UD U P 'o I s-r- FJ-00 A '1 S o'- o Council consensus to investigate further the charge to non - profit community groups. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to continue the Public Hearing to August 19, 1997 at 7:00 P.M.. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 2. Public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet) , at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. Mayor Jacobs stated this is the time and place hereto fixed for a public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet) , at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. She asked if proper notice was done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received. Laurie Jester, Senior Planner, gave a brief staff report Jim Davis, 3944 Hollow Rd. Los Angeles, representing they owners, requested if they would have to resubmit everything. Council stated no they did not. No members of the public wished to address Council Council consensus to return this item to the Planning Commission with the new facts and request their comments. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wemick to continue the public Hearing to September 2, 1997, 7:00 P.M. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - A. Status of current recruitment for applicants to the El Segundo Senior Citizen Housing Corporation Board. B. Notice of vacancies on the: Capital Improvement Program Advisory Committee (1 vacancy -term expires 11/30/97); El Segundo Community Cable Advisory Committee (2 vacancies -terms expire 2 City Council Minutes 7/15/97 - 7:00 p.m. � 04=! EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of an ordinance of the City Council of El Segundo, California authorizing an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration of the Public Employees Retirement System that provides Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police Safety members as required by the El Segundo Police Officer's Association 1997 -2000 Memorandum of Understanding. Fiscal Impact: The current surplus of assets in this benefit account is projected by PERS to be sufficient to pay the employer cost for 25 years. RECOMMENDED COUNCIL ACTION: 1. Discussion; 2. Second reading of Ordinance by Title only; and 3. By motion, adopt Ordinance. INTRODUCTION AND BACKGROUND: On August 5, 1997, the City Council adopted the PERS required Resolution of Intention, authorized the Mayor to sign an Agreement pooling 1959 Survivor Benefits assets and liabilities and introduced an Ordinance to amend the City's contract with the Board of Administration of the Public Employees Retirement System. The attached Ordinance is being presented for a second reading and adoption. PERS regulations stipulate there be at least a 20 -day waiting period between the introduction and adoption of the required Ordinance. DISCUSSION: Under Public Employees Retirement Law, certain optional contract provisions are available to contracting agencies. Adoption of A Resolution of Intention and Ordinance is required to amend the City's contract with the Public Employees Retirement system (PERS) to provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police Safety members. Amendment of the City's contract with PERS to provide the Fourth Level of 1959 Survivor Benefits is required by Item #6 of the 1997 -2000 Memorandum of Understanding between the City and the Police Officer's Association. ATTACHED SUPPORTING DOCUMENTS: 1. City Council Ordinance No. 1277 2. Resolution No. 4029 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: NIA Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Bob Hyland, ector of Human REVIEWED Ift ACTION TAKEN: aganda.270 Date: 8/11/97 Date: �7 0 045 RESOLUTION NO. g.na A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice to its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police members only. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 5th day of August 1997. andra Jacob , ayor of the City of El Seg do, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark Hensley, 7y Attorney h: \council \Ilvlabpo.r*a r r, . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract. NOW THEREFORE, the City Council of the City of El Segundo does ordain as follows: SECTION 1. That an Amendment to the contract between the City Council of the City of El Segundo, California and the Board of Administration, California Public Employees' Retirement System, is hereby authorized, a copy of said Amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council of the City of El Segundo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be posted in at least three (3) places throughout the City Hall of the City of El Segundo, California, 350 Main Street, El Segundo, California, located in Los Angeles County and thenceforth and thereafter the same shall be in full force and effect. SECTION 4. The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law. PASSED, APPROVED and ADOPTED this day of 1997. Sandra Jacobs, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (Seal) APPROVED AS TO FORM: Ma k City Attorney 0 47 HACOUNCILNNhbpo.oad EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996 and April 4, 1997 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective April 4, 1997, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); 0 048 b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21353 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 60 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance). b. Section 21571 (Basic Level of 1959 Survivor Benefits). C. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 0 049 �ibi I Gr. I Cn'i ��L f. Section 20042 (One -Year Final Compensation). g. Section 21573 (Third Level of 1959 Survivor Benefits). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $1.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. Per covered member, $8.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 0 050 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYST BY KENNETH W. MARZION, CHIEF,; ACTUARIAL & EMPLOYER SB�`��CES DIVISION PUBLIC EMPLOYEES' RETI*ENT SYSTEM AMENDMENT PERS- CON -702A (Rev. 8 \96) day of '19 CITY COUNCIL OF THE CITY OF EL SEGUNDO BY PRESIDING OFFICER Witness Date Attest: Clerk 0 051. ORDINANCE NO. 1277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract. NOW THEREFORE, the City Council of the City of El Segundo does ordain as follows: SECTION 1. That an Amendment to the contract between the City Council of the City of El Segundo, California and the Board of Administration, California Public Employees' Retirement System, is hereby authorized, a copy of said Amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council of the City of El Segundo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be posted in at least three (3) places throughout the City Hall of the City of El Segundo, California, 350 Main Street, El Segundo, California, located in Los Angeles County and thenceforth and thereafter the same shall be in full force and effect. SECTION 4. The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law. PASSED, APPROVED and ADOPTED this day of 1997.. Sandra Jacobs, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (Seal) APPROVED AS TO FORM: Ma k City Attorney 0 '052 H. \COUNCI L14lvlsbpo. ord EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996 and April 4, 1997 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective April 4, 1997, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); 0 053 tom . L U 11o! vi N Ll,-M i I Uili C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS, membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS, membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21353 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 60 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance). b. Section 21571 (Basic Level of 1959 Survivor Benefits). C. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (Special 5% Increase- 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 0 054 UO Ili i 5ju W ' r-Anfol i Uk"V f. Section 20042 (One -Year Final Compensation). g. Section 21573 (Third Level of 1959 Survivor Benefits). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Per covered member, $1.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. Per covered member, $8.50 per month on account of the liability for the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. C. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 0 053 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYS�M BY�� KENNETH W. MARZION, CHIEF�O ACTUARIAL & EMPLOYER VICES DIVISION PUBLIC EMPLOYEES' RE,' MENT SYSTEM AMENDMENT PERS - CON -702A (Rev. 8 \96) day of CITY COUNCIL OF THE CITY OF EL SEGUNDO BY PRESIDING OFFICER Witness Date Attest: ' Clerk 19 r� � i TO THE EL SEGUNDO CITY COUNCIL MEETING: September 2 1997 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES AGENDA DESCRIPTION: Reschedule Interviews of candidates to the Capital Improvement Program Advisory Committee; Community Cable Advisory Committee; Investment Advisory Committee; Planning Commission; and Senior Citizen Housing Corporation Board. of applications omOatically extended t 48 hourslprInterviews sduled Interview. INTRODUCTION deadline for filing INTRODUCTION AND BACKGROUND: Subsequent to the meeting in which the City Council scheduled the Interviews of candidates for 7:00 p m., September 10 1997 Councilman Liam Weston was named Chairman of the Southern California Cities Joint Powers Consortium. The Consortium meets on the 2nd Wednesday of every month. The Consortium's next meeting at 7:00 p.m., September 10, 1997, conflicts with the date for Interviews. DISCUSSION: The City Council may wish to consider rescheduling the Interview of candidates for Monday September 15, 1997, at 7:00 p.m. Deadline for filing of applications would beat 5:00 p.m.. Frida�l � mb r 12 1997. ATTACHED SUPPORTING DOCUMENTS AND WHO PREPARED THEM: FISCAL IMPACT: N/A ORIGINATOR: Julia O. Abreu, Council Assistant Date: August 26, 1997 f joa: n:tccb \formate -m sat-887 : James W. Morrison, City Manager Date: August 26, 1997 0 057 F oa to o \ to o .o O N O K W W m C < L L O W H L W N J O K L L LL O W r < 0 O Z LL OY as Z = N 0 J W < N O J H W H O < K rK r < 3 u W 0 i U •' Y M K N L 00 y o K •- W O O N fJ! 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Of WN777000�+ to w O '► O al 4 r- •+ U b > L C M • tHtntAOKK•+O >� O <xH- «<0►/0 W L L 411 O 7 r v L c « • IM «0ILk<I2LU663WJ3I= 1XJ0 O ft O • P r O P C« O T 7 « •« L L u Y u• L C • u « L O L ■• 6 « b 1< N • Y a O b T Y « ■ W L M « a « « A T C M N « . �• A � N to -A 9 .- � .� M � d1 t0 F- < J .+ W •�+ A c Y CL 7 M 7 a a 0 a L■ Y N M 7 0 0 0 -- 0 0 0 0 0 0 o z Z u ■ E ■ d L O YI .D %O F 1--c d' K z 0< Y z T 18 O u C O u U E 1p 2 L L op v I a LL « O. •� h Y 1. u a OL 7 b i < ►+ CO 3 J O L < J O N N J u •- • < LL M H LL O N °,. c 05� w LL • I-- Z Y N U O r K Y a R >r N N N- N N R F R R 7 R N A R R$ S 7 9 14 1 '" 1 B f T-1 f 9 R n R R- R ffi Ltt ►l LL F C 7) �J C1 J CAL W h 6 O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/12/97 THROUGH 08/25/97 Date Payee Amount Description 8/22/97 IRS 137,785.84 Federal Payroll Taxes P/R # 4 8/22/97 Emp. Dev. Dept. 26,061.15 State Payroll Taxes P/R # 4 8/25/97 Fereral Reserve 300.00 Emp. Bond Purchase P/R # 4 Total by Wire: 164,_146.99 DATE OF RATIFICATION: 09/02/97 TOTAL PAYMENTS BY WIRE: 164,146.99 Certified as to the accuracy of the wire transfers by City Treasurer -� �' �k' «� Date Finai City )ate )ate Z S--V� Information on actual expenditures is available in the City Treasurer's Office of the city of ti 5egunao. 0 059 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, August 19, 1997 - 5:00 P.M. CALLED TO ORDER by Mayor Jacobs at 5:00 p.m. PLEDGE OF ALLEGIANCE - led by Councilman Mike Gordon ROLL CALL Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilwoman Friedkin - Present Councilman Weston - Present Councilman Gordon - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et se q.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 Rinebold /Hawk v. City of El Segundo, LASC Case No. YCO25220 Charlotte Hayes v. City of El Segundo, LASC Case No. YCO26759 Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 Helm v. City of El Segundo, Inglewood Case No. 97SO2170 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): -16- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid - Management & Confidential Employees (City Manager, Negotiator). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with Negotiator regarding acquisition of a strip of land owned by Chevron along the easterly boundary known as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in connection with the Sepulveda Boulevard widening project. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 0 060 PUBLIC COMMUNICATIONS - (Related to City Business On V - S 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 $25o. NO N E ADJOURNED at 6:55 p.m. Cindy Mortesen, City Clerk 0 061 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 19, 1997 - 7:00 P.M. CALLED TO ORDER at 7:15 p.m. by Mayor Jacobs INVOCATION - given by Bishop Lloyd Carlson, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - led by Councilman Mike Gordon PRESENTATIONS 1. Presentation to City Council of plaque given by the Nash Car Club of America in appreciation of the City's hosting the Club at the 1997 Nash Bash and on the occasion of the City's 80th Anniversary. Councilman Weston received the plaque from mark Terrell, representing the Nash Car Club of America. ROLL CALL Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilwoman Friedkin - Present Councilman Weston - Present Councilman Gordon - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit 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. Six (6) individuals addressed the City Council. 1. Dorothy Kent, 909 Dune; spoke regarding airport expansion and health issues. 2. Marcia Pummell, 535 E. Walnut requested for the El Segundo Chamber of Commerce for City Council support and approval of staff assistance with the 1997 Richmond Street Fair to be held on Saturday, October 11, 1997 from 10:00 a.m. to 5:00 p.m., and approval of a Bingo game. MOVED by Councilwoman Friedkin SECONDED by Councilman Weston to support and approve of staff assistance with the 1997 Richmond Street Fair to be held on Saturday, October 11, 1997 from 10:00 A.M. to 5:00 P.M , the request for a Bingo game was withheld for further investigation. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 3. Sally Mau, DESI; stated they had a service donate the cleaning of the sidewalks, and announced the Mural Dedication Ceremonies for Thursday August 21, 1997. 4. Peggy Teryll, resident; requested when the air quality study on the airport would be completed. City Manager Jim Morrison stated the City is still trying to execute a contract agreement with aerospace. 5. Bill Mason, Chamber of Commerce President; requested clarification on the Ordinance regarding drive - thrus. 0 062 6. Request by Tammy and Steven Helm for discussion and possible action on the public works project at the El Segundo Plunge. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Mayor Pro Tern Wernick to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B. SPECIAL ORDERS OF BUSINESS - 1. Continued public hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenant, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Street Side Setbacks, 8) Thrifty Land Use and Zone Changes, and 9) Drive - thrus - (GPA only); and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97- 2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. Mayor Jacobs stated this is the time and place hereto fixed for a public hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenant, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Streets side Setbacks, 8) Thrifty Land Use Changes, and 9) Drive - thru's (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. She asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been receive. Bret Bernard, Director of Planning and Building Safety gave a staff report. Jerry Saunders, Chamber of Commerce Ad Hoc Committee; referred to a letter submitted on August 5, 1997 and stated the committee was under the impression another workshop would be held to discuss these items. 1. SHSP Parking - a maximum of a 10% reduction, with the submittal of a parking demand study 2. Parking Covenant - Council concurred with Planning Commission recommendations with the City Attorney to work with developers for appropriated language. 3.Parking Demand Study -a maximum of a 10% reduction, with the submittal of a parking demand study 4'Outdoor Dinning Access. Council concurred with Planning Commission recommendations, Staff to add refer to section relating to encroachments. 5.Sound Transmission Control Council concurred with Planning Commission recommendations, 6.Storm Water Management Council concurred with Planning Commission recommendations, 7.Garage Streetside Setbacks Council concurred with Planning Commission recommendations, 8.Thrifty (Mayor Jacobs Conflict) Council concurred with Planning Commission recommendations, 9.Ddve- thru's Council concurred with Planning Commission recommendations. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to continue the Public Hearing to September 16,1997. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Staff directed to draft an ordinance reflecting above direction for first reading and introduction on September 16, 1997 RECESS 9:25 P.M. RECONVENE 9:45 P.M. ALL MEMBERS PRESENT 2. Discussion on the following possible amendments to the El Segundo Zoning Code: 1) Architectural Building Features, and 2) Planning Commission Appeals. Recommendation - Council consensus to direct staff to include items on the Zone Text Amendment quarterly scheduled for Planning Commission review. City Attorney to review petition verification and signatures to implement a possible exclusion of fees for a large number of residents effected by project. 3. Continued Public Hearing and consideration of a Resolution amending an adopted schedule of fees to partially cover, but not to exceed, the cost of providing various library services. Fiscal impact: Estimated increase in annual revenue of $18,000 - $30,000. Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing and consideration of a Resolution amending an adopted schedule of fees to partially cover, but not to exceed, the cost of providing various library services. Fiscal impact: Estimated increase in annual revenue of $18,000 - $30,000. She asked if proper notice was done and if any written communications had been received. Clerk Mortesen stated that proper noticing was done in a timely manner and no written communications had been received. Council consensus to close the public hearing. City Attorney Mark Hensley read the following: RESOLUTION NO. 4030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF FEES TO PARTIALLY COVER, BUT NOT TO EXCEED, THE COSTS OF PROVIDING VARIOUS LIBRARY SERVICES. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to adopt Resolution No. 4030 adopting a schedule of fees to partially cover, but not to exceed, the costs of providing various library services, with the exclusion of the Matsui Room fees from the exhibit. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 C. UNFINISHED BUSINESS - 1. Second Reading and adoption of an Ordinance on amendments to the Zoning Code to provide new regulations for Wireless Communication Facilities; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -403 and Zone Text Amendment ZTA 96 -3. The General Plan Amendment associated with Wireless Communication Facilities was processed and approved (Ordinance No. 1272) with the first quarter General Plan Amendments /Zone Text Amendments (EA -405, GPA 97 -1, and ZTA 97 -1) on June 17, 1997. Applicant: City of El Segundo. City Attorney Mark Hensley read the following: ORDINANCE NO. 1275 p 064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -403 AND ZONE TEXT AMENDMENT ZTA 96 -3 REGULATING WIRELESS COMMUNICATIONS FACILITIES. PETITIONED BY THE CITY OF EL SEGUNDO. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Ordinance No. 1275, approving environmental assessment EA -403 and Zone Text Amendment ZTA 96 -3 regulating Wireless Communications facilities. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 2. Second reading and adoption of an Ordinance on the following (First Quarter) amendments to the Zoning Code: 1) Drive -thru's (ZTA only, GPA to be processed with Second Quarter items), and 2) Residential Heights; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405A and Zone Text Amendment ZTA 97 -1A. Applicant: City of El Segundo - Citywide Amendments. City Attorney Mark Hensley read the following: ORDINANCE NO. 1276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -405A AND ZONE TEXT AMENDMENT ZTA 97 -1A AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS, PETITIONED BY THE CITY OF EL SEGUNDO. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to adopt Ordinance No. 1276, approving environmental assessment no. EA -405A and Zone Text Amendment ZTA 97 -1A amending the El Segundo Municipal Code by amending various sections of Title 20 (Zoning Code) and adopting a negative Declaration of Environmental impact, petitioned by the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 3. Approval of Service Agreement with the City of Redondo Beach /South Bay Project, to provide counseling services to El Segundo youth and families between September 4, 1997 and June 30, 1998 at a cost of $27,498. MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to approve Service Agreement No,. 2533 with the City of Redondo Beach/ South Bay project to provide counseling services to El Segundo youth and families between September 4, 1997 and June 30, 1998 at a cost of $27,498. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILWOMAN FRIEDKIN. NOES: COUNCILMAN WESTON. 411 4. Request to accept a surplus military vehicle from the United States Air Force and authorize repairs, equipment and their installation, in an amount not to exceed $14,500.00, from the Asset Forfeiture Account. MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to accept a surplus military vehicle from the United States Air Force and authorize repairs, equipment and their installation, in an amount not to exceed $14,500.00, from the Asset Forfeiture Account. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 0 065 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 240716- 241018 on Demand Register Summary Number 03 in total amount of $550,890.01. 2. Warrant Numbers 241022 - 241057 on Demand Register Summary Number 04 in total amount of $64,068.92, and Wire Transfers in the amount of $923,435.12. 3. PULLED FOR DISCUSSION BY COUNCILMAN WESTON 4. Resolution No. 4031, assigning the duties and responsibilities of the Wall of Honor Recognition Committee to the Wall of Honor Recognition Subcommittee of the Recreation and Parks Commission. 5. Request for authorization to purchase Innopac Automated Circulation and Online Public Access Catalog System DEC ALPHA from Innovative Interfaces, Inc. (Fiscal impact: $56,106.) 6. Request for the City Council to accept the low bid from Long Beach Uniform for the next three (3) fiscal years and reject all other bids for the Police Department uniforms and safety equipment contract. 7. Adoption of plans and specifications for the rehabilitation of Vista del Mar between 45th Street and Grand Avenue (estimated cost: $280,000.00). 8. PULLED FOR DISCUSSION BY COUNCILMAN WESTON 9. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK 10. Request purchase of one (1) truck mounted Vactor Machine for the cleaning of the City's storm drain catch basins (total cost = $16,670.50). MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to approve consent agenda items 1, 2, 4, 5, 6, 7, and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA 3. City Council meeting minutes of August 4 and 5, 1997. Councilman Weston requested an addition to the comments records in the August 5, 1997 minutes under public communications regarding Ms. Helms statements. MOVED by Councilman Weston SECONDED by Mayor ProTem Wernick to approve the City Council meeting minutes of August 4 and 5, 1997 , with corrections. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 8. Award Contract No. 2534, for construction of retaining wall along the northside of Recreation Park, Project No. PW 96 -11 (contract amount: $63,895.00). Councilman Weston stated he has a conflict on this issue. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to award Contract No. 2534 t 1•• to Malibu Pacific Tennis Courts, for construction of retaining wall along the northside of Recreation Park, Project No. PW 96 -11 (contract amount: $63,895.00). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, MAYOR PROTEM WERNICK, COUNCILMAN GORDON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. NOT - PARTICIPATING: COUNCILMAN WESTON 41011 9. Award Contract No. 2535, to Azteca Landscape for landscape maintenance and tree trimming services at specified locations (Fiscal impact $272,577 over three years). Mayor ProTem Wernick asked if this contract included the maintenance of the median strip on Sepulveda Blvd, and if not if the contract could be amended if needed. City Manager, Jim Morrison stated that it did not include Sepulveda, but could be amended if necessary. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to approve Contract No. 2535, to Azteca Landscape for landscape maintenance and tree trimming services at specified locations (Fiscal impact $272,577 over three years). MOTION PASSED BY UNANIMOUS VOICE VOTE 510 F. NEW BUSINESS - CITY MANAGER - The Plans and Specifications for the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Window Supplier Contracts are provided for the Council's review and possible approval. Mayor ProTem Wernick requested more time to review the RFP. Council consensus to hold the item over to the September 2, 1997 meeting. 2. Direction to staff on new 310 Area Code Boundaries, and direction to staff to participate in decision making meeting on August 27, 1997 and subsequent meetings. Council consensus to have a Councilmember attend (Mayor ProTem Wernick) and a staff member. G. NEW BUSINESS - CITY ATTORNEY Status report and possible direction on L & H Administrators matter. MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to transfer $20,00 from the general fund to Health Comp Trust fund to cover the cafeteria package needs. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon Spoke regarding Imperial Highway Landscaping by the Hyperion Plant. Councilman Weston Reported on the Consortium meeting dealing with Utilities. Councilwoman Friedkin Reported on several meetings. Mayor Pro Tern Wernick Spoke regarding a phone survey geared to airport issues. 0 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. One (1) individual addressed the City council. 1. Tammy Helm, resident; requested Mr. Morrison to answer questions regarding Public Works bids. Council approved of Mr. Morrison answering questions. City Attorney Mark Hensley recommended questioning come to an end. MOVED by Councilman Gordon SECONDED by Councilman Weston to move into close session to discuss the Helm matter. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 MEMORIALS - NONE CLOSED SESSION at 11:25 P.M. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seg.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and/or discussing matters covered under 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., August 19, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION Council instructed staff to withhold payment to the Contractor who painted the plunge. ADJOURNED at 12:05 P.M. to September 2, 1997 at 5:00 p.m. Cindy Mortesen, City Clerk 0 068 EL SEG UNDO CITY COUNCIL MEETING DATE: September 2,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Contract for financial services support with Government Financial Services (Approximately $48,000 annually) RECOMMENDED COUNCIL ACTION: Approve one year contract with two one year renewal options with Government Financial Services, for accounting services required during vacancies and MIS project conversion. INTRODUCTION AND BACKGROUND: During the August 20, 1996 City Council Meeting, the City Council approved a $15,000 contract with Government Financial Services (GFS). This was done to give the Finance Department additional support during the period of time after the Accountant had resigned, and prior to the recruitment of the Accounting Manager. The Finance Department again, in the second half of last fiscal year, faced staffing shortages due to a retirement in the department and a long term absence due to illness. The salary savings created by these circumstances allowed the department to continue the services of GFS. DISCUSSION., The department anticipates the need for additional staffing support through the upcoming Management Information Systems (MIS) conversion. This need coupled with the continued staffing concerns faced due to the temporary loss of the two previously mentioned positions, necessitates the department's request to extend GFS's contract. As was discussed in the August 20, 1996 staff report, staff verified the competitiveness of GFS's $50 /per hour rate by comparing it to the hourly rate of accounting services offered by the nine responders to the City's RFP for auditing services. Those rates ranged from $60- $120 /per hour. Staff believes that this contract will ensure continued consistent temporary financial support throughout the upcoming conversion efforts. ATTACHED SUPPORTING DOCUMENTS: Proposed Contract FISCAL IMPACT: Funding for Fiscal Year 97/98 from salary savings. As the workload on the MI5 project increases, additional charges will be funded by the CIP budget for Other Conversion Costs. ORIGINATED BY.• Eunice Kramer, REVIEWED James W. (Check one) Operating Budget: I Capital Improv. Budget: 4— Amount Requested: Account Number: Appropriation Required - Yes No--L_ -� P . K or of Finance anager Date: 8I�U1 01 -� Date: ,:j,- /� -q7 1 im AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 3rd day of September, 1997, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Government Financial Services hereinafter referred to as "Consultant ". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" and made a part hereof. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on September 3,1997. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction. If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein. 1 M LAX2:175464.1 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. C'ONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations -2- 0 1171 LAX2:175464.1 affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. 5. COMPENSATION AND Hop OF PAYMENT. The Consultant shall be paid based on the hourly rate of $50.00, for services as set forth in Exhibit A. Payments shall be made within thirty (30) days after receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. AppITIONAT. sERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Attachment -3- 0 072 A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the LAX2:175464.1 time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACTTTTTFS AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All -4- 0 073 LAX2:175464.1 such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. 'T'EgMINATION OF AGREEMENT. Unless otherwise terminated or extended, this Agreement will terminate on September 2, 1998. The City may extend the agreement a total of two one year extensions for the same hourly rate. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to -5- 0 074 LAX2:175464.1 City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHTp OF DOCUMENTS. Upon satisfactory comple- tion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public 0 075 record and subject to disclosure pursuant to the California Public- Records Act, Government Code § 6250, et sea. Consultant, its officers, employees, agents or subcontrac- tors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consul- tants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss- ions or other discovery request, court order or subpoena from LAX2:175464.1 - % 0 076 LAX2:175464.1 any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obli- gation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can Om 0 077 terminate this Agreement immediately by written notice to the Consultant. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. Consultant agrees to hold the City, its officers, agents and employees harmless from any and all claims, liabilities or losses for personal injury, death or property damage rising out of or in connection with work undertaken pursuant to this Agreement to the extent any such claim is caused by or results from any negligent acts or omissions, or LAX2:175464.1 -9- 0 078 LAX2:175464.1 intentional misconduct of the Consultant, its employees or its agents. Further, Consultant agrees to provide the City, its officers, agents and employees, at Consultant's sole expense, with the defense of any and all such actions, suits or other legal proceedings brought against the City, its officers, agents and employees rising out of or in connection with the work undertaken pursuant to this Agreement. Consultant shall not be liable for the indemnification and defense of the City on claims or litigation arising out of the sole negligence or sole willful misconduct of the City. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 1_. A. Insurance Reauirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this -10- 0 079 Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) . (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. LAX2:175464.1 -11- � Q�� (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) .Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per occurrence. LAX2:175464.1 -12- i �' LAX2:175464.1 B other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, -13- l � LAX2:175464.1 officials, and employees. Any insurance or self insurance maintained by City, its officers, officials,or employees shall apply in excess of, and not contribute with, Consultant's insurance. (C) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, or employees. (3) Workers' Compensation and Employer's viability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City -14- LAX2:175464.1 that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self- insured reten- tions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the -15- am, LAX2:175464.1 indemnification provisions and requirements of this Agreement. 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted -16- LAX2:175464.1 for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 19. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder. 21. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: Attention: City Manager City of El Segundo -17- 350 Main Street El Segundo, California 90245 Consultant. Attention: Mr. Michael Matsumoto Government Financial Services 580 W. Lambert Boulevard, Suite K Brea, CA 92621 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 22. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Government Financial Services By Title CITY OF EL SEGUNDO By Title Mayor ATTESTED: Cindy Mortesen City Clerk LAX2:175464.1 CIM APPROVED AS TO FORM: Mark D. Hensley, City Attorney Exhibit A Government Financial Services will provide the City with eighty (80) hours of Senior Accountant Level Services per month. Those services will include, but are not limited to bank reconciliation, general ledger accounting, and Management Information Systems data conversion output testing. r� EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the refurbishment of the Joslyn Center Elevator in Recreation Park (contract amount = $28,932.00). RECOMMENDED COUNCIL ACTION: Authorize a reallocation of $10,000 from the Facilities Maintenance Fund project to water seal Fire Station No. 2 to the Joslyn Center Elevator refurbishment project, also funded by the Facilities Maintenance Fund. 2. Award contract to the low bidder, Amtech Elevator Services, in the amount of $28,932.00. 3. Authorize staff to issue a purchase order to Amtech Elevator Services to provide the services. INTRODUCTION AND BACKGROUND: The Facilities Maintenance Fund of the Fiscal Year 1996 -97 Operating Budget included $24,000 for refurbishment of the Joslyn Center Elevator. On May 6, 1997, the City Council adopted plans and specifications for the refurbishment of the Joslyn Center Elevator and authorized staff to solicit bids from qualified vendors. On July 15, 1997, the City Council rejected the single bid submitted by Amtech Elevator Services for $43,499 and authorized staff to re -bid the project, without the security communication system which had discouraged vendors from submitting a bid. DISCUSSION: (Discussion begins on next page.....) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Reallocation of $10,000 from account no. 405- 400 - 6215 -FAC 605 Operating Budget: Yes Capital Improvement Budget: No Amount Requested: $34.000 Project/Account Budget: $24.000 Project/Account Balance: _$21.000 Date: 8/14/97 Account Number. 405- 400 -6215 -FAC 703 Project Phase: Award of contract Appropriation Required: No Page 1 of 2 Ovate: (:�-_2? —9 MR PW- SEPT2.01 (Monday 8/25//97 2:00 PM) DISCUSSION On August 12, 1997, the City Clerk received and opened the following bids: Amtech Elevator Services Elevator Specialty Corporation Montgomery Kone Inc. Millar Elevator Service Dover Elevators Engineers Estimate $28,932.00 $39,098.00 $42,267.00 $46,600.00 $53,124.00 $20,000.00 Staff has received favorable responses from the low bidder's recent work references and from the consultant who assisted staff in the development of the project specifications. The low bid exceeded the Engineer's Estimate due to the specialized nature of work, the relatively small size of the project and limited contractors who perform this work. Staff is of the opinion that lower bids may not be received if the project is re -bid and recommends having the work accomplished at this time. The total project cost including inspection costs and contingencies is estimated to be $34,000.00. The Facilities Maintenance Fund of the adopted Fiscal Year 1997 -98 Operating Budget includes $10,000.00 for water sealing the exterior walls of Fire Station No. 2. The adopted Fiscal Year 1997 -98 Capital Improvement Program also includes a project to conduct an engineering /architectural study of Fire Station No. 2. Staff is recommending deferral of the water sealing project until the study is completed and recommendations for addressing the Fire Station No. 2's needs are presented to the City Council. Staff is requesting City Council approval to reallocate the $10,000.00 budgeted for the Fire Station No. 2 water sealing project to the Joslyn Center Elevator refurbishment work. If this requested reallocation is approved, there will be no change in the current appropriation in the Facilities Maintenance Fund of the adopted 1997 -98 Operating Budget. Staff is recommending award of contract to Amtech Elevator Services in the amount of $28,932.00 Page 2 of 2 0 090 PW- SEPT2.01 (Monday 8/25//97 2:00 PM) II1 i v i i I / LAL-j -8 9 -10 J O [c ` Ec.,, < r C p tivo• rn O p• O 3 -- 110 fAl•Al��A7 cc of o.- W .acos Z d _• 1 _ lf�_rNYif Woo O Y i o W.= = 0 ' !r �.. rl i 1 t O W < 's L t- r d UrW -I 1 II1 i v i i I / LAL-j -8 9 -10 J O [c ` Ec.,, < r C p tivo• rn O p• O 3 -- 110 fAl•Al��A7 0 ! r cc �0— a� W .acos W O Y i 0 ! r EL SEGUNDO CITY COUNCIL MEETING DATE: September 02, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Request Council to approve the project to upgrade the Police facility's video camera system, and proceed with the formal bidding process in an amount not to exceed $16,250. RECOMMENDED COUNCIL ACTION: 1. Approve project for video camera System upgrade. 2. Proceed with formal bidding process for same upgrade. INTRODUCTION AND BACKGROUND: This video equipment enhancement was presented and approved in the 1997/98 budget and the Police Department is requesting authorization to proceed with the purchase and installation. The Police facility is currently equipped with a video monitoring system utilizing equipment from various vendors. This equipment includes several video cameras throughout the building and two small monitors located in the Watch Commander's Office and the Jail. Following a re- evaluation of the building security, it was determined that this system is in need of additional cameras and higher quality monitors which would allow for constant viewing of the entrance doors to the building, as well as primary locations within the facility including several areas inside the jail. DISCUSSION: Refer attached staff report ATTACHED SUPPORTING DOCUMENTS: Staff report from Chief Tim Grimmond to City Manager James W. Morrison FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $16,250 Project/Account Budget: Asset Forfeiture Project/Account Balance: Date: Account Number: 109 - 400 - 3105 -8104 Project Phase: Appropriation Required - Yes X No Date: August 25, 1997 im n Chief of Poli REVI Date: James . orrison, City Manager ACTION T EN: PD -I- 1 - 8/25/97 - 11:00 am 0 092 a4r f & cS'elvlaz� Inter - Departmental Correspondence August 25, 1997 To: James W. Morrison, City Manager From: Tim Grimmond, Chief of Pol'c Subject: Video Camera System Upgrade PROPOSAL The Police Department is requesting approval to upgrade the facility's video camera system and initiation of the formal bidding process for same purchase. This upgrade will enhance the security of the police building while increasing the level of safety for the employees. Funding for the additional equipment was approved in the 1997/98 budget. BACKGROUND The police facility is currently equipped with the following video equipment: Video Cameras: • 2 exterior cameras (East lot & South entry) • 3 jail monitoring cameras (Safety Cell, Detox Cell & Main hallway) • 1 sally port camera • 1 lobby camera Video Monitors: • 2 single screen, 9" monitors - (Watch Commander's Office & Jail) Video Recording Devices: • None Although current cameras are located in prime locations throughout the Department, there are several other areas of concern and compromise that should be monitored via video surveillance. Two unmonitored areas of the Jail which are of primary concern and will be addressed are the Jail Booking Cells, which will be monitored via a corner mounted camera, and a single regular holding cell, also utilizing a secured corner mounted camera. Additionally, this upgrade includes a means for capturing events occurring within the realm of any current, or newly installed cameras by utilizing a fully compatible video recording device. PD -I- 2 - 8/25/97 - 11:00 am 0 093 Video Camera system Upgrade August 21, 1997 Page 2 This system upgrade also includes two 20" high resolution monitors, which will replace the current outdated monitors located in the Watch Commander's Office and the Jail. Each monitor will be connected to all existing hardware, as well as the additional cameras and recorder. Each monitor will have the capability for individual or simultaneous (up to 16) viewing and recording from all cameras. RECOMMENDATIONS It is recommended that Council authorize funding, and proceed with the formal bidding process, for the purchase of the new video surveillance equipment. This purchase includes the necessary mounting equipment and installation, and a one year parts and labor warranty for all system upgrades. This equipment upgrade was budgeted in 1997/98, for the amount of $16,250, and would be funded by Asset Forfeiture funds. TJG:mr PD -I- 3 - 8/25/97 -11:00 am l' `O CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET Department / Division: police / MM Forfeiture Account Number: 109-400 -3105 -8104 CAPITAL, EQUIPMENT JUSTIFICATION Budget Year. 1997/98 Item Requested: Video Camera System Upgrade Quantity: One Unit Price: $16.250 Proposed Make: Instant Replay Description and Video camera system for booking area. Jail cell, front lobby. and Watch Specifications: Commander's office Equipment Cost. S 12,610 Other Costs: . 2,600 Allowance for Illation: Saks Tax: 1.040 Total Cost: S 16,250 Source of Quoted Price: Instant Replay Date of Quotation: January 28, 1997 Purpose of Equipment: Security for station; evidential and liability value Equipment to be Used By: All police personnel Justification of Need: The camera system upgrade will allow for the constant monitoring cameras, as well as additional camera, at a single time. The addition of a video mom and camera m the jail booking area will allow for a complete record of prisoner bookings. Submitted By: Brian D. Evansld Tim. Sergeant o na15 U -9 EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Accept the bid of Livingston Graham /Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. Authorize staff to issue a Purchase Order to Livingston Graham /Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. The Street Division repairs approximately 55,000 square feet of asphalt pavement throughout the City annually. Three different types of asphalt are utilized for repairs. When making temporary repairs, cold mix is used, which is purchased in bulk and is stored at the Maintenance Facility. Two (2) types of hot asphalt are used for permanent repairs and are purchased on an as- needed basis. The Street Division repairs City streets which have been damaged from pot holes, tree roots, broken underground pipes, etc. To accomplish these repairs, a variety of asphalt mixes and oils are used, which are picked up on an as- needed basis. There are only two local suppliers of asphalt. Industrial Asphalt is located 11 miles (15 minutes) further from El Segundo than is Livingston Graham/ Blue Diamond Materials. The Street Division staff makes approximately 129 trips per year to the asphalt plant. The additional labor and vehicle operating costs to use Industrial Asphalt is calculated to be $2,640 annually. Adding the transportation costs to the Industrial Asphalt bid of $31,625.00 would give a total of $34,265.00, or $2,115.00 higher than the Livingston Graham/Blue Diamond Materials bid of $31,150.00. Staff recommends rejecting the Industrial Asphalt bid and accepting the bid from Livingston Graham /Blue Diamond Materials. ATTACHED SUPPORTING DOCUMENTS: Bid summary sheet. Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: Yes No $32.150.00 001 - 400 -4202 -5204 No Date: ORIGINATED BY- Date: Eduard SchrA94 Pu lic Wor s�Director Manager �-'- z7-?7 PW- SEPT2.03 (Monday 8/25/97 2:00 PM) A101".9 City o/ el S, AMC Ul1046 2epartment BID SUMMARY SHEET August 19, 1997 BID: 9705 Subject: Purchase of asphalt and emulsion oil. Price Per Bidder Ton Total LIVINGSTON GRAHAM/ BLUE DIAMOND MATERIALS 675 tons of 3/1" asphalt concrete AR 4000 oil $24.00 $16,200.00 75 tons of school mix AR 4000 oil 26.00 1,950.00 500 tons of cold mix SC800 oil 25.50 12,750.00 500 gallons of emulsion SS1H 2.50 1,250.00 GRAND TOTAL $32,150.00 INDUSTRIAL ASPALT 675 tons of 3/1" asphalt concrete AR 4000 oil $23.00 $15,525.00 75 tons of school mix AR 4000 oil 23.00 1,725.00 500 tons of cold mix SC800 oil 26.00 13,000.00 500 gallons of emulsion SS1H 2.75 1,375.00 GRAND TOTAL $31,625.00 0 097 EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRUMON: County -Wide Waste Disposal Siting Element and County Summary Plan. Take no action, allowing plans to be deemed approved. The California Integrated Waste Management Act of 1989 (AB939) requires each county to prepare a County -Wide Siting Element (CSE) which identifies how the County and the cities within the County will address the need for 15 years of disposal /transformation capacity to safely handle solid waste in the county which cannot be recycled, reduced, or composted. AB939 also requires each county to prepare a Summary Plan which describes the steps that will be taken by local agencies, acting independently or in concert, to achieve the mandated waste diversion goals of 25% by 1995 and 50% by the year 2000. The County Summary Plan and the County Siting Element (CSE) were prepared by the County Solid Waste Management Committee /Integrated Waste Management Task Force which includes representatives from cities, government agencies, business, the environmental community, the public, and waste management industries. The Summary Plan summarizes the information contained in the various planning documents prepared by the cities and the County, to show how they plan to achieve A13939's disposal reduction mandates of 25% and 50% by the years 1995 and 2000 respectively. The Summary Plan highlights programs identified in the City of El Segundo's approved Source Reduction and Recycling Element (SRRE). The City's SRRE was prepared in 1990 and approved by the state in 1995. (Discussion continued on next page....) ATTACHED SUPPORTING DOCUMENTS: The County -Wide Siting Element and the County Summary Plan are on file with the City Clerk. NUUAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Pr*ct/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: N/A N/A Date: No ORIGINATED BY '91044- Date: `� 0S A Eduard Schroder, r of ublic Works James W. Page 1 of 2 PW- SEPT2.05 (Monday 8/25/97 2:00 pnQ 0 9 8 DISCUSSION (continued): The Siting Element is a 15 year planning document which addresses the solid waste disposal needs of the cities and unincorporated communities for that portion of the solid waste stream that remains after all recycling, composting, and other waste diversion activities have been completed. The Siting Element has identified that at the current rate of disposal a shortfall in county landfill capacity will exist by the year 2007, and that the maximum daily permitted capacity will be exceeded by the turn of the century. There are currently two ways to dispose of this waste in Los Angeles County, these are landfill or transformation (burning waste for energy plants). A third alternative is to ship the waste out of the County. In preparing the CSE the task force evaluated the following options to assure adequate disposal capacity through the planning period: Alternative solid waste disposal technologies: With the exception of waste to energy, alternative disposal technologies are in the development stage and will not be available for large scale diversion during this planning period. Although waste to energy is technically feasible, and there are two facilities in operation in Los Angeles County, no new facilities are anticipated. This is due to high capital cost involved in developing these facilities, uncertainty caused by deregulation of the energy industry, and the current low cost of power. Exportation of waste to landfills outside Los Angeles County: This alternative can supplement the County current disposal capacity. It is a costly option which includes additional labor and transportation costs. Many neighboring counties have enacted policies which restrict the importation of solid waste into their county owned landfills. One option to lower transportation cost would be to rail haul the waste out of the County. There are ten (10) potential rail haul transfer sites identified in the CSE with the two closest to El Segundo located in Carson and Long Beach Developing new and /or expanding existing County landfills: The Task Force identified the development of new and /or expanding existing landfills as necessary to meet the County's disposal needs. None of the sites identified are closer to El Segundo than the existing Puente Hills Landfill. The anticipated disposal needs of Los Angeles County cannot be met by pursuing a single alternative (i.e., landfill expansion, new landfills, transformation technologies, out of county disposal, etc.). As the CSE does not identify locating a landfill, transformation facility, or transfer station in or near El Segundo, the City's contribution to meeting the County disposal needs is to support the development of items where feasible. State law provides that a City must either approve or disapprove the County Summary Plan and County Siting Element. If a City takes no action on the documents they are deemed to have been approved. To formally approve or disapprove either document, a City must hold a public hearing for which a notice must be published 30 days in advance of the hearing. To disapprove the document, the City must give written notice to the Task Force, the County Board of Supervisors, and the Integrated Waste Management Board of the deficient area in the Summary Plan or Siting Element within thirty days of disapproval. Staff recommends the City Council take no action and allow plans to be deemed approved. Page 2of2 0 099 PW- SEPT2.05 (Monday 8/25/97 2:00 pm) EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Renewal of the professional services contract with The Compliance Group for professional plan checking services of structural and special high -rise construction projects on an "as- needed" basis. The amount to be paid the Contractor under this agreement is estimated to exceed ten thousand dollars ($10,000); and, therefore requires City Council review and approval. RECOMMENDED COUNCIL ACTION: Approval of the contract for The Compliance Group for the 1997/98 fiscal year. i ne annual Vrotessional Services Contract for plan checking services of structural and special high -rise construction projects is sent to the City Council for its review and approval, given the potential amount that could be paid for service provision. Staff is again recommending approval of the contract with The Compliance Group to perform these services for the 1997/98 fiscal year. DISCUSSION: This year, in addition to the current method of sending technical and overflow plan reviews to the City's outside contract consultant, Staff evaluated two additional ways that these services could be provided to our clients: (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: ATTACHED SUPPORTING DOCUMENTS: 1. Draft Professional Services Contract with The Compliance Group. 2. Copies of proposals for contract plan check services from: a. The Compliance Group b. Berryman & Henigar c. I.Z. Associates d. JAS Pacific, Inc. Consulting Services e. Hayer Consultants Incorporated r IJ\+ML IIYIPAV 1 (Check one) Operating Budget X Capital Improv. Budget: Amount Requested: -0- Project Account Budget: $133.500 Project/Account Balance: $133.500 Account Number: 3301 -6214 Project Phase: N/A Appropriation Required - Yes No X No impacts are anticipated to the City's General Fund. All monies expended are collected directly from project applicants. VR1%311VP%1 Cu: Date: 21 August 1997 Bret B. Berr}ard AICP /Director otPlannina and Date: ACTION 0 100 DISCUSSION (Continued) Page 2 • Alternative 1: Bring in a plans examiner to provide services, as- needed, from a "temporary agency" such as Willdan Associates. The need for plan review services is intermittent; and as such, qualified plan review personnel may not be readily available when such services are needed. The City cannot be guaranteed that the same plans examiner would be available every time. Thus, additional Staff time would be required to bring a new plans examiner "up to speed" on a particular project, or on our methods of conducting business. When field changes are requested, the original plans examiner could be working in another City, and therefore not necessarily available to answer questions or perform the additional plan review. Costs for this service are typically high. Willdan Associates, for example, charges $70.00 per hour for the use of one of their plans examiners, as opposed to $48 per hour as charged by the Compliance Group. Alternative 2: Hire an additional plans examiner as a permanent employee to fill the position that was eliminated (approximately) two years ago. This plan is currently being evaluated, and if the anticipated level of building activity continues, this may be brought back as a formal proposal for the City Council to consider for fiscal year 1998/99. • Alternative 3: Continue "outsourcing" plans on an as- needed basis to the City's approved consultant. At this time, Staff is suggesting Council approval for the continued use of an independent plan review service to augment the City's plan review services. The Building Division is recommending contract approval to continue our "out- sourced" plan check services with The Compliance Group for the 1997 -98 fiscal year. Structural /architectural and specialized consultant services are provided for under Division line item 6214, "Professional/Technical Specialist ", in the recently adopted City budget. The Building Safety Division has utilized the services of The Compliance Group since the 1993/94 fiscal year. The services provided have proven superior in every respect and it is recommended that we renew this contract to allow continued excellent service to our customers. (Letters of commendation are available for review.) The plan check support provided by The Compliance Group has allowed us to quickly expedite the plan review process and has provided the City with convenience and promptness in meeting time commitments to our clients, as set forth in our "Plan Check Performance Standards," and in our Department's Mission Statement. Plan Review fees are established by City Resolution and are paid by the applicant at the time of plan check submittal. Contract services are provided by our Consultant on an "as- needed" basis and, as such, we are billed only for actual services rendered. This procedure has several advantages: • There is no minimum number of plans that the City is required to send to our consultant. • Certain projects can be expedited, as required. • Additional expertise can be provided for certain complex projects • Additional plan review can be provided when a back -log occurs (as a result of the loss of two plans examiner positions over the past several years). • Technical questions from our clients are handled directly by our Consultant, which minimizes required City Staff time. As always, this year's respondents were asked to provide rates for their services: • The Compliance Group has offered to provide plan review services for 45% of the plan check fee, with an hourly rate of $48.00 per hour for miscellaneous projects. This is well below the fee quoted by the other respondents as indicated by the attached documents. • Berryman & Henigar proposes to provide services for 61 % of the plan review fee for projects valued greater than $500,000 and for 70% of the plan review fee for projects valued less than $500,000. 0 1 n1 DISCUSSION (Continued) Page 3 • 12 Associates proposes to provide plan review services for 70% of the plan check fee collected by the City. • JAS Pacific, Inc. Consulting Services proposes to provide plan review services for 65% of the plan check fee collected by the City. • Hayer Consultants Incorporated has offered to provide plan review services for 60% of the plan check fee collected by the City. Staff is recommending that the contract between the City of El Segundo and The Compliance Group be renewed based upon: • Four years of more than satisfactory performance; and • The low bid of the Compliance Group (5% lower than last fiscal year). In addition, Mr. Peter Hess, President of the Compliance Group, has indicated that he may close his Ontario Office to open a branch office of The Compliance Group in El Segundo should he be awarded this fiscal year's contract. 0 102 CITY OF EL SEGUNDO DEPARTMENT OF PLANNING AND BUILDING SAFETY 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 PROFESSIONAL SERVICES CONTRACT The Compliance Group hereby agrees to perform Code Compliance Plan Check services for the City of El Segundo, California, subject to the following conditions: 1. The entire amount of compensation paid by the City to the undersigned Independent Contractor shall be based on a percentage rate per the following: • Building, Plumbing, Electrical 45% of Plan Check Fee* and Mechanical Plans • Field Changes & Special Projects $48.00 per hour *Plan Check Fee collected by the jurisdiction 2. Payment shall be made to the Independent Contractor through established City procedures upon final approval of plans. The Independent Contractor shall not proceed with any work without written direction from the City. In the event the Independent Contractor does proceed with work without such written direction, the City shall not be obligated to compensate the Independent Contractor for such work. 3. The undersigned shall not be compensated for travel time or expenses in commuting to and from the El Segundo City Hall. 4. The undersigned shall not be reimbursed for any materials or implements needed to perform the services set forth in this agreement without prior City approval. 5. The Contractor shall be compensated only as provided in this agreement. The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City. The undersigned shall not receive any fringe benefits of any kind. The City shall not make any deductions from the compensation specified in Section 1 of this agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the State of California's Public Employees' Retirement System and Federal Social Security. The City shall not withhold any money for Federal and State Income Taxes. The City shall not grant any paid time off from work for illness, vacation, holidays or any other leave. 6. The term of this agreement shall terminate on June 30, 1998, and may be extended by written agreement of the Independent Contractor and the City of El Segundo. 0 103 7. The total amount to be paid to contractor under this agreement is estimated to exceed ten thousand dollars ($10,000). 8. Conflict of Interest - No person performing services for CITY in connection with this Contract shall have a financial or other personal interest other than his or her employment or retention by CITY in any contract or subcontract in connection with this Contract. No officer or employee of such person retained by the CITY shall have any financial or other personal interest in any real property in which the building plans of said property are being checked in connection with this Contract. A. Contractor shall not knowingly recommend approval of designs that do not meet City ordinances and standards without advising City clearly when nonstandard plans are forwarded to review. City may reject the recommendations. B. Contractor shall not check plans of his own design, calculations, etc. C. Contractor shall not accept for checking any plans from engineers, architects or designers where past relationships between such engineers, architects or designers could lead to doubt of objectivity in the plan checking process. D. Contractor shall not use his position as checker to further his own interest or use knowledge gained in the checking process to the disadvantage of the designer of the building plans, nor should this knowledge be used to create an unfair advantage for Contractor over the designer of the building plans. 9. Indemnification - Contractor agrees to, and shall defend, indemnify, protect, and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgments at law or in equity, or liability of any kind or nature which the City, its elective and appointive boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of consultant's performance under the terms of this Agreement. 10. Insurance - Contractor shall at all times during the term of this agreement maintain the following insurance coverage: A. Comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000.00 per occurrence 2 0 104 B. Comprehensive auto liability endorsed for all owned and non - owned vehicles with a combined single limit of not less than $1,000,000.00 per occurrence; C. Professional Errors and Omissions Liability Insurance in an amount not less than $1,000,000.00 per occurrence; and, D. Workers Compensation and Employer's Liability Insurance in the amounts required by law. Prior to effective date of this Agreement, the Contractor shall file with the City the following signed certification: "I am aware of and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Worker's Compensation or to undertake self- insurance before commencing any of the work." Contractor shall provide proof of coverage to City prior to beginning performance hereunder. City shall be entitled to thirty (30) days advance written Notice of Cancellation of said policies to be either hand delivered by the Contractor to the City or sent by U.S. Certified or Registered Delivery, or sent by bonded delivery service. 11. This agreement may be terminated by either party for any reason and at any time. Notice to terminate this agreement shall be given in writing. ACCEPTED AND AGREED TO this -- - - - - -- -day of --------------- - - - - -- 1997• THE COMPLIANCE GROUP Peter A. Hess, Director 3350 Shelby Street, Suite 200 Ontario, CA 91764 ---------------------------------- (800) 929 -2530 Independent Contractor ACCEPTED FOR THE CITY OF EL SEGUNDO this - - - - -- -day of------ - - - - -- 1997. CITY OF EL SEGUNDO City Hall, 350 Main Street El Segundo, CA 90245 -0989 (310) 322 -4670 ATTESTED--------------------------- City Clerk APPROVED AS TOFORM-------------------- - - - - -- City Attorney Sandra Jacobs, Mayor 3 0 105 City of El Segundo SECTION 5 Building and Safety Services FEE PROPOSAL AFFORDABLE SERVICES Berryman & Henigar provides a cost effective and flexible solution to help you manage changing workloads. All our fees are based on a percentage of the fees collected by the jurisdiction. We would like for you to consider us as an extension of your staff when needed. FEE PROPOSAL FOR PLAN CHECK Including: First Check and two Rechecks for Building, Electrical, Mechanical, and Plumbing Projects up to $500,000 Valuation Projects Exceeding $500,000 Valuation 70% of Jurisdiction Collected Plan Check Fee 61% of Jurisdiction Collected Plan Check Fee Fire suppression and other jurisdictional needs are negotiated on an hourly or job specific basis with the jurisdiction. SCHEDULE OF HOURLY RATES Classification Hourly Rate Principal ....................... $135.00 .............................. ............................... SeniorEngineer .................... ............................... ..........................94.00 Landscape Architect (Plan Checker 1) ................. .......................... 70.00 Grading Engineer 94.00 Senior Inspector .................... ............................... ..........................60.00 Inspector...................................................... ............................... . 45.00 PermitTechnician .......................................... ............................... Berryman & Henigar would be pleased to discuss in detail any aspect of our fees as presented in this proposal. p: YnswdpropoRschullerle_sgundoVDSfee.dx 5 -1 Berryman & Henigar 11 o 107 Hayer Consultants Incorporated SCOPE OF SERVICES Iia shall perform plan review in accordance with the City's adopted model codes, City Ordinance and other regulations. Plan pick -up and delivery will be as per the City's policy at no extra charge. HCI will endeavor to maintain a quick turnaround for all plan checks. While the turnaround time will be related to the size of the project and the quality of the drawings, for most residential additions, tenant improvements, single family dwellings the initial checks will be concluded within five workdays. Similarly back - checks will be resubmitted within five workdays. Bigger commercial and industrial projects may take seven to ten workdays for initial check and similar period for back - check. FEESCHEDULE Plan review services. 1) Building Plans — 60% of the Plan Check Fee collected by the jurisdiction. 2) Repetitive Plans — 10% of the Plan Check Fee collected by the jurisdiction. Any additional work not included in the original submittal will be performed at the rate of $48.00 / hour, such work would also include plan checking of revisions to previously checked and / or approved plans. Technical Services. 1) Structural Engineer - $60.00 / hour 2) Electrical Engineer - $60.00 / hour 3) Mechanical Engineer - $60.00 / hour 4) Certified Building Official - $50.00 / hour 5) Certified Plans Examiner - $45.00 / hour Inspection Services. 1) Building Inspector - $38.00 / hour 2) Code Enforcement Inspector - $35.00 / hour 3) Special Inspector - $40.00 / hour 0 108 ENGINEERS /ARCHITECTS 11. ASSOCIATES /PLANNERS Mr. Ron Darville Page 2 June 11, 1997 METHOD OF TRANSMITTAL We will carry or transmit the plans to ensure prompt delivery. We shall coordinate with the city when applicant desires to hand carry the plans to the city. In case the city sends the plans to us by UPS or post office we shall reimburse the city the cost of postage on a monthly basis. FEE PROPOSAL The professional plan check fee shall be paid to us on the basis of 70% of fee collected by the city, and inspection fee shall be 90% of the hourly rate as provided in the 1994 Uniform Building Code. CLIENTS SERVED Los Angeles County City of Hawthorne City of Costa Mesa City of Maywood REFERENCES City of Fullerton City of Yorba Linda City of San Diego City of Pasadena Mr. Hadi Tabatabaee City of Fullerton 303 West Commonwealth Avenue Fullerton, Ca. 92623 (714) 738 -6563 Mr. Tin Htway County of Los Angeles 900 South Fremont Avenue Alhambra, Ca. 91803 -1331 (818) 458 -6387 Mr. Zaheer A. Khan Senior Plans Examiner Planning, Housing & Development Services Dept. Hale Building 1' floor 175 North Garfield Avenue Pasadena, Ca. 91101 -7215 (818) 683 -6876 0 109 1 3249 GOTERA DRIVE - HACIENDA HEIGHTS, CA 91745 -6618 0 (818) 369 -2410 - FAX (818) 369 -4258 snow � Jns JA.S radilq Inc. hluWdpm t.."WO-C aad kla.*Keuwul S'wo s Maintain a timely turnaround for all building plan check projects as follows: Three to five (3 -5) working days for Single Family Residential and Light Commercial projects. Seven to ten (7 -10) working days for Multi Family Residential and light commercial projects. Ten to fifteen (10 -15) working days for more complex Non - Residential projects. Three (3) working days for resubmitted Residential projects. Seven (7) working days for resubmitted Non - Residential projects. Other requested timetables available upon request. Provide within 24 hours notice, pick -up or delivery of plans utilizing our courier service at no charge to the jurisdiction. Priority plan check may be available to individual applicants on specified projects requiring a more expeditious turnaround than time previously specified. Professionally licensed staff of engineers to provide a comprehensive list of service capabilities. Supervising Plan Check Engineer $65.00 per hr. Plan Check engineer $60.00 per hr. Sr. Plans Examiner $45.00 per hr. Plans Examiner $40.00 per hr. JAS can also perform plan review services for 65% (sixty —five percent) of the plan review fee. � 110 WILLDAN ASSOCIATES SCHEDULE OF HOURLY RATES July 1, 1995 - June 30, 1996 Fee Rate P_ er Hour CIassif RICO, 0 100.00 ENGINEERING 125.00 Principal Engineer 1 .20.00 Division Manager 120.00 City Engineer 110.00 Project Director 110.00 Supervising Engineer 99.00 Sr. Engineer 99.00 Sr. Project Manager 90.00 Project Manager 90.00 Associate Engineer 90.00 Sr. Designer (CARD) 82.00 Designer (CADD) 90.00 Engineering Associate 8200 Sr. Designer 76.00 Sr. Design Engineer 66.00 Design Engineer 6600 Sr. Drafter 65.00 Designer 66,00 Sr. Drafter (CADD) 6500 Drafter (CADD) 54.00 Drafter 46.00 Technical Aide 80.00 Spvsr. - Public Works Observation 7300 Sr. Public Works Observer 63-00 Public Works Observer REAL PROPERTY SERVICES 100.00 Spvsr. - Real Property Services 92.00 Sr. Real Property Agent 84.00 Real Property Agent 64.00 Assistant Real Property Agent 50.00 Real Property Technician 61.00 SURVEYING 85.00 Sr. Survey Analyst 85.00 Sr. Calculator 73.00 Calculator II 60.00 Calculator 1 73.00 Survey Analyst 11 61.00 Survey Analyst 1 9400 Spvsr. - Survey 89.00 Survey Party Chief 156.00 Two-Man Field Parry 210.00 Three -Man Field Party EFFECTM 7/1/96 0 111 Schedule of Hourly Rates Page 2 Fee Rate per Hour Clas = SPECIAL DISTRICTS $104.00 Spvsr. - Special Districts Services 95.00 Sr. Special Districts Coordinator 88.00 Special Districts Coordinator 71.00 Special Districts Analyst 11 60.00 Special Districts Analyst I 105.00 PIANNINQ 105.00 Principal Planner 95.00 Sr. Planner 80.00 Associate Planner 65,00 Assistant Planner 48.00 Planning Technician 105.00 Principal Community Development Planner 95.00 Sr. Community Development Planner 80.00 Associate Community Development Planner 68.00 Assistant Community Development Planner 48.00 Community Development Technician 98.00 BUILDINQ 98.00 Supervising Plan Check Engineer 82.00 Plan Check Engineer 79.00 Sr. Plans Examiner 70.00 Plans Examiner 45.00 Plans Examiner Aide 73-00 Spvsr. - Building Inspection 63.00 Building Inspector 59.00 Sr. Permit Specialist 52.00 Assistant Building Inspector 4500 Permit Specialist 98.00 Building Official 88.00 Deputy Building Official LANDSCAPE ARCHITECTURE 95-00 Principal Landscape Architect 80.00 Sr. Landscape Architect 70.00 Associate Landscape Architect 60.00 Assistant Landscape Architect COMPUTER SERVICES 45.00 Computer Data Entry 15.00 Personal Computer Time 35.00 Clerical 40.00 Word Processing EFFECTM '/'/ 0 112 EL SEGUNDO CITY COUNCIL MEETING DATE: 2 September 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Residential Sound Insulation Plans and Specifications AGENDA DESCRIPTION: The Plans and Specifications for the El Segundo Residential Sound Insulation Program, and associated proposed Contractor and Window Supplier Contracts and Homeowner Agreement are provided for the Council's review and requested approval. RECOMMENDED COUNCIL ACTION: 1. Discussion; and, 2. Approval of Phase 5 of the El Segundo Residential Sound Insulation Program Plans and Specifications, and Contractor and Supplier Contracts, Homeowner Agreement, and authorization to advertise for bids. IBRIEF SUMMARY: The Planning and Building Safety Department has developed the Plans and Specifications for Phase 5 of the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Supplier Contracts with the assistance of Wyle Laboratories and the City Attorney's Office. The 71 participating residences have been divided into 7 bid packages to encourage small to mid -sized contractors to bid. While we will have seven different construction contracts, one contractor could offer the lowest bid on all seven. Therefore we may have any number of contractors, between one to seven. There is only one window supplier contract. If approved by Council, the Plans and Specifications will be forwarded to the FAA for concurrance. It is anticipated that the bid process will take 4 to 5 weeks. During that period Staff will conduct a Contractor/ Supplier Pre -Bid Conference to ensure all bidders are fully aware of the goals of this project and the procedures established to reach those goals. No bids will be accepted from Contractors or Suppliers unless they have attended the Conference. It is Staffs plan to present, for approval, a list of the responsible Contractors and Supplier offering the lowest bids for the projects elements to the Council at its 21 October meeting. We would then expect to be in construction in December. It is expected that the 71 home project will be completed in June 1998. The project will treat 71 residences, of which 59 are single family units and 12 are multi - family units. Participants include 60 property owners. The Participants consist entirely of residents who volunteered to participate in the City's RSI program which required they provide 20% of the cost of the RSI Treatment. The homes are distributed throughout the impact areas as indicated below: Type 75dB 70dB 65dB Sub - Home Zone Zone Zone Total Single Family Homes 27 + 23 + 9 = 59 Multi - Family Homes 12 + 0 + 0 = 12 Totals 39 + 23 + 9 = 71 Percentages 55% 32% 13% Phase 5 participants will not have to pay 20% of the cost of participation because, at its meeting of 18 February 1997, the City Council voted to use the LAX out -of- court- settlement funds to pay that cost for Phase 5 participants. Program Budget Data Follows: If Staffs estimates are accurate there will be a balance of approximately $323,787 in out -of- court- settlement funds remaining at the end of Phase 5 construction. It is also anticipated that a balance of approximately $555,820 in federal grant funds will remain at the end of Phase 5. Staff will request Council direction to carry these funds into Phase 6 to insulate an additional 20 -25 homes. 0 113 rsi- p&s4.agn Balance of Units Treated Cost Breakdown Grant Fed Funds SFDs MFDs 80 %Fed 20 %City Total AIP 3 -06- 6139 -NB $ 128,396.00 00 08 $ 117,504 $ 29,376 $ 146,880 AIP 3 -06- 6139 -NC 1,331,296.00 36 04 1,052,048 263,012 1,315,060 AIP 3 -06- 6139 -NE 1,000,000.00 23 00 734,320 183,580 917,900 Totals 2,459,692.00 59 12 1,903,872 475,968 2,379,840 If Staffs estimates are accurate there will be a balance of approximately $323,787 in out -of- court- settlement funds remaining at the end of Phase 5 construction. It is also anticipated that a balance of approximately $555,820 in federal grant funds will remain at the end of Phase 5. Staff will request Council direction to carry these funds into Phase 6 to insulate an additional 20 -25 homes. 0 113 rsi- p&s4.agn FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: NO IMPACT ON THE Amount Requested: $2,400,000 GENERAL FUND Project/Account Budget: $2,284,269 OTHER THAN A REDUCTION Project/Account Balance: $2,400,000 Date: 1 July 1997 OF OUT -OF -COURT Account Number: 116 -400- 0000 - several SETTLEMENT FUNDS Project Phase: NA OF APPROXIMATELY Appropriation Required - Yes No X $475,968 ATTACHED UPPORTING DOCUMENTS: 1. RSI Program Summary 2. Plans and Specifications for Phase 5 including Construction Contractor's Contract 3. Window Supplier's Contract 4. City's Contract with Phase 5 Homeowners 5. RSI Program Waiting List 6. Copy of Staff Report Offering Proposals for the Disposition of the $1,012,298 LAX Out -of -Court Settlement uate: Za August iyyi Harvey G. Holden, Special Projects Administrator REVIEWED BY: - Date: 25 August 1997 rrectorof Bret B Berna , AICP, ing and Building Safety , City Attorney orrison, City Manager rsi•pJW..Qn Z- 7-11' 7 0 114 EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Approval of Work Agreements between the City and Chevron USA, Inc. and between the City and Allied Signal for utility relocation and site remediation in connection with Sepulveda Boulevard widening (fiscal impact - $1,500,000). RECOMMENDED COUNCIL ACTION: Approve the Work Agreements and authorize the Mayor to execute on behalf of the City. INTRODUCTION AND BACKGROUND: On November 5, 1991, the City approved a Cooperative Agreement between Caltrans and the Cities of Manhattan Beach and El Segundo forthe widening of Sepulveda Boulevard (State Route 1) between Grand Avenue in El Segundo and 22nd Street in Manhattan Beach. The purpose of the project was to address several peak hour congestion and delay problems. The original agreement was scheduled to terminate on June 30, 1996 and was extended to June 30, 2001 by an amendment on June 1, 1996. On November 2, 1993, the City and the Metropolitan Transportation Authority (MTA) executed a Memorandum of Understanding whereby MTA agreed to pay $5,000,000 to assist the City in completing its requirements under the Caltrans agreement. Subsequently, the City has received an additional $1,200,000 grant from MTA to fund the additional aspects of the project. During the course of the project, the project was delayed approximately two (2) years pending the resolution of the legality of Caltrans utilizing consultants to design the project. The project was finally restarted in 1994. DISCUSSION: (Discussion begins on next page........) ATTACHED SUPPORTING DOCUMENTS: 1. Refinery Work Agreement between Chevron USA, Inc. and the City of El Segundo. 2. Facility Work Agreement between Allied Signal and the City of El Segundo. 3. Sepulveda Boulevard Widening - City of El Segundo's cost obligations. 4. Sepulveda Boulevard Widening Project - Cost sharing matrix. (Items 1 & 2 to be submitted to Council separately by City Attorney) FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: No Yes $1,500,000 $6,040=0 Date: Approve Work Agreements No Page 1 of 2 U 115 PW- SEPT2.02 (Wednesday 8/27/97 9:00 AM) DISCUSSION: During the last three (3) years, several agencies and private companies has been working on moving this project forward. At the present time the design of the project is substantially complete. The next phase of the project is removal of interfering utilities and remediation of environmental concerns. The utility relocations included in the agreements are consistent with the Caltrans design plans. The environmental remediations will be in accordance with the Caltrans approved site remediation plan. Both of these actions are required to deliver the necessary additional right -of -way to Caltrans prior to the start of the actual roadway construction. Both Chevron and Allied have agreed to provide all necessary right -of -way to the project at no cost. The attached Work Agreements between the City and Chevron and Allied Signal identify the work to be completed and provide for payment to the companies. The money to fund the agreements is from the previously mentioned MTA grants which can only be utilized for these purposes. Below is the anticipated schedule for the Sepulveda Boulevard Widening Project: Approval of Relocation Agreements Site Remediation and Relocations California Transportation Commission Fund Roadway Improvement Caltrans Advertise Project Bid Opening Construction September 1997 October 1997 - June 1998 May 1998 July 1998 October 1998 November 1998 - July 1999 For your information, staff has attached two (2) tables identifying the proposed funding for the project. Between the grants received by the City and the funds included in previous CIP allocations, the project is fully funded. There is, however, an outstanding issue with Edison concerning a portion of their undergrounding. Edison may not be willing to carry the Payment II (amount = $731,090.00) until 1999/2000. If this is the case, the project is underfunded by approximately $310,000.00. It is anticipated that the Edison agreement will be agendized for Council consideration at the next Council meeting. The attached agreements have been reviewed by the City Attorney and approved as to form. Staff recommends the Council approve the agreements. 0 116 Page 2of2 PW- SEPT2.02 (Wednesday 8/27/97 9:00 AM) SEPULVEDA BOULEVARD WIDENING PROJECT City of Ell Segundo's Cost Obligations Date: July 15, 1997 A. Fundina Plan for Fiscal Year 1997 -98 (1) Estimated Expenditures: a) City Share of Roadway /Signal Work b) Relocate County Water Injection Wells C) Relocate Chevron Facilities d) Relocate Allied Signal Facilities e) City's share of SCE Undergrounding Costs (Payment 1) f) City's 16" Water Main g) City's share of SCE Highway Lighting Costs h) Radian Soil Sampling /Environmental Report i) City Property Remediation Total Estimated Expenditures (2) Proposed Fundina: a) MTA Grant I (currently available) b) City Water Funds (Allocated in the adopted 1996 -97 CIP) C) City Gas Tax (Allocated in the adopted 1996 -97 CIP) Total Proposed Funding B. Fundina Plan for Fiscal Year 1999 -2000 (1) Estimated Expenditures: (a) City's Share of SCE Undergrounding Costs (Payment II) (b) Median Island Landscaping (2) Proposed Fundina: (a) MTA Grant II (available in FY 1999 -2000) Summary FY 1997 -1998 FY 1999 -2000 Proposed Fundina $5,625,000 $1,500,000 Total $7,125,000 Total Estimated Expenditures Total Proposed Funding Identified Costs $5,554,986 $1,146,090 $6,701,076 $ 282,487 1,400,000 1,100, 000 400,000 1,704,499 305,000 50,000 90,000 223.000 $5,554,986 $5,000,000 305,000 320.000 $5,625,000 $ 731,090 415.000 $1,146,090 $1,500,000 $1,500,000 Note: Proposed funding is $423,924 more (in the City's favor) than currently identified costs. This amount should be reserved to cover any unforeseen expenditures. N APROJ ECTSIS E P- BLVD.CST 0 117 ti r Q r A M 3 O v .c O U C (0 N O J m d W so U W 0 w CL z II8 O O L O) O O O O N O LO O O O O O O O O O O O O O tp O) M O N O O O O O O O N Q1 V - L6 N O O M O O L 0 N M (Op 69 (p 69 r 69 C O M N r. M N M 6% V- 69 (07 69.# I 69 O J Q 6q 69 69 69 69 a H 0 H O O O O O O V% O N N J W y 0 Q z N D 00 co CO) M O CO Oact O Qr 6R 69 � 69 Q = = V Q �m (~O N m O O O 00 O N M L O O O O O O T- t� � M O M_ O � � M L � ti c 6H �, N M w 1 1 v �s z 69 69 69 69 W N J W IV 0 L L C c M I- LC) 1- M tp ti (O T- O N It ch N 69 (O 69 r 69 Ln 69 O Lj N 69 6F! Q J Q U C O C) y C y C Q C C C) H 2 C X J C y C J O C C 0 w y d C Q. O 1- t+A N d O m all O C C G 3= � O 4) C t0 N v U C) m 3= E C N d ('0�>`. G uJ C (0 (6 O 65 S 'C 'Q 2 C C N C. F+ " n' E � O 7 � J t rn (a o (0 ° O (0 ��� O O O •� rac) U) wv � w C 20 0 ,e: O J C> M .. C) .�. W H Q' D o v W ~ N (M to 00 M 3 O v .c O U C (0 N O J m d W so U W 0 w CL z II8 EL SEGUNDO CITY COUNCIL MEETING DATE: September 02, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Clerk An Ordinance of the City Council deleting Chapter 2.09, Regulations of Campaign Contributions, from the municipal code in light of recent State regulations (Proposition 208). 1. Discussion. 2. Read the Ordinance by title only. 3. Introduce Ordinance and schedule September 16, 1997 for second reading. Proposition 208 was passed by the voters at the November 5, 1996 election and became effective January 1, 1997. The measure imposes new contribution limits and extensively amends the California Political Reform Act's provisions regarding political campaign finance and disclosure. Currently Chapter 2.09 addresses the same matters and parallels the same reporting and enforcement guidelines. To eliminate confusion and double reporting I am suggesting Council delete Chapter 2..09 from the municipal code. SUPPORTING XTTRHED 1. Draft ordinance. 2. Fact Sheet, prepared by FPPC. 3. Chapter 2.09 of the Municipal Code. Z4� Y ORIGIN E111 ese y Jerk August 19, 1997 James W. Morrison, City Manager ACTION TAKEN: 0 119 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN CONTRIBUTIONS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.09 of the El Segundo Municipal Code is hereby repealed. SECTION 2, The City Clerk shall certify to the adoption of this Ordinance and shall post the same in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this day of , 1997. ATTESTED: Cindy Mortesen, City Clerk, (SEAL) APPROVED AS TO FORM: Mark Hensley, City Attorney Sandra Jacobs, Mayor of the City of El Segundo, California 0 120 PROPOSITION 208 Fact Sheet For: City, County and Special District Officeholders & Candidates On November 5, 1996, Proposition 208, the California Political Reform Act of 1996, was passed by the voters. The provisions of Proposition 208 amend the Political Reform Act of 1974. The new provisions became effective January 1, 1997. Under Proposition 208, the amount of contributions individuals, corporations, unions, PACs, organizations and other entities may contribute to candidates seeking election in local jurisdictions is limited. In addition, Proposition 208 also provides for voluntary spending limits at the local level if the local jurisdiction provides for them. This fact sheet is being provided for informational purposes only, and is not intended to provide legal interpretation of the provisions contained in Proposition 208. The Commission's Legal Division is in the process of developing emergency regulations and responding to requests for written advice concerning the provisions of Proposition 208. These emergency regulations and advice letters may be accessed on the Commission's website http: / /www.fppc.ca.gov /fppc/ or may be ordered toll -free via fax on demand by calling 1- 888 - 622 -1151. Many of the provisions of Proposition 208 are currently being challenged in the U.S. District Court, - Eastern District of Cal7fornia. Ban on Off -Year Fundraising: Candidates seeking election in local jurisdictions are prohibited from accepting contributions for a period of time before any primary or special primary election or, in the event there is no primary or special primary election, any regular election or special election in which the candidate is attempting to be on the ballot or is a write -in candidate. In districts of fewer than 1,000,000 residents, candidates may not accept contributions prior to 6 months before their election. — In districts with 1,000,000 or more residents, candidates may not accept contributions prior to 12 months before their election. Example: A district with fewer than 1,000,000 residents is holding an election on November 4, 1997. Effective January 1, 1997, all candidates seeking election, including officeholders seeking re- election, may not accept a campaign contribution (including the candidate /officeholder's personal funds), until May 4, 1997. Prepared by: Fair Political Practices Commission 428 ) Street Sacramento. CA 95814 2/97 0 121 A committee with debt from pre -1997 elections may continue to collect contributions to retire the debt. The funds must be collected subject to the contribution limits of Proposition 208, applied separately to each election. The funds do not count against the contribution limits for post - January 1, 1997, elections. A committee's campaign bank account may not be redesignated for a future election if the committee has any outstanding debts. SELECTED PROVISIONS OF PROPOSITION 208 RELATIVE TO YOUR NEXT ELECTION Contributions Raised Prior to January, 1997: Contributions raised prior to January 1, 1997 may be transferred to a future election account after January 1, 1997, and are not subject to the limits contained in Proposition 208. The candidate and committee receiving the transfer must have a Candidate Intention Form 501 and a Campaign Bank Account Form 502 on file designating an election date. If a candidate opened such an account prior to January 1, 1997, he /she is not required to open a new bank account. Contribution Limits (Per Election): — Local races in districts with 100,000 or more residents: individuals, business entities, unions, organizations, PACs, et al: $250 Small contributor committees: $500 Local races in districts with fewer than 100,000 residents: individuals, business entities, unions, organizations, PACs, et al: $100 Small contributor committees: $200 There are provisions in Proposition 208 that will increase the contribution limits, for example, if a local jurisdiction provides for voluntary spending limits. The contribution limits do not apply to the candidate's personal funds used to support his/her own election. However, limits apply to contributions from a spouse. A candidate's personal funds that he /she loans to the committee may not exceed $20,000 at any one time. All loans or extension of credit for more than 30 days to a candidate by other persons are treated as contributions and subject to the applicable limits. This does not apply to loans from a bank or financial institution made in the normal course of business. Transfer Ban: Proposition 208 prohibits the transfer of contributions received by one officeholder or candidate to any other officeholder or candidate for elective office. Candidates may use personal funds within the limits to make contributions to other candidates/officeholders. Members of Public Boards and Commissions: Individuals who are appointed members of public boards or commissions may not make contributions to, accept contributions for, -or solicit contributions on behalf of, the person who made the appointment. Bundling of Contributions: Contributions made directly or indirectly to a candidate through an intermediary are treated as contributions from the contributor and the intermediary for purposes of the contribution limit; unless the -intermediary is the candidate or candidate's eligible representative, or a volunteer hosting a fundraiser away from his/her place of business. FPPC FACT SHEET 2/97 -3- 9161322 -5660 0 122 EL SEGUNDO MUNICIPAL CODE Page 2 -9 Titip 2 - ADMINISTRATION AND PERSONNEL Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS Sections: 2.09.U10 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. 2.09.020 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES. 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. 2.09.040 ENFORCEMENT AUTHORITY. 2.09.050 PENALTIES. 2.09.060 RULES OF CONSTRUCTION. 2.09.070 FILING DEADLINES. 2.09.080 CIVIL ACTIONS. 2.09.010 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. (a) Contribution Defined. For the purposes of this section, "contribution" shall mean a payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial institution by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer, unless full and adequate consideration is received for making the expenditure. The term "contribution" shall include the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund- raising events; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without the payment of full and adequate consideration. The term "contribution" shall further include any transfer of anything of value received by a committee from another committee. The term "contribution" shall not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. Notwithstanding the foregoing definition of "contribution," the term shall not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are made voluntarily without any understanding or (June, 1994) 0 123 EL SEGUNDO MUNICIPAL CODE Page 2 -10 Title 2 - ADMINISTRATION AND PERSONNEL agreement that they shall be directly or indirectly repaid to him. -- (b) Person defined. For the purpose of this section, "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. (c) Contributions by person. No person, other than a candidate shall make, solicit, or accept any contribution which shall cause the total amount contributed by such person with respect to a single election in support of such candidate to exceed Two Hundred and Fifty and no 100ths ($250.00) Dollars. The expenditures of a candidate's controlled committee shall not be subject to this limitation. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice that this ordinance has been violated any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (d) Anonymous contributions by individuals. No person shall make, and no candidate or committee shall solicit or accept, any anonymous contribution which will cause the total amount of anonymous contributions by such person with respect to a single election to be One Hundred and no /100ths Dollars ($100.00) or more. A list of all amounts, names and addresses of anonymous contributors must be maintained and be available for review by the city treasurer within twenty -four (24) hours after said request is made. Any anonymous contribution of One Hundred and no /100ths Dollars ($100.00) or more shall not be kept by the intended recipient. Instead after receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount in excess of this limit shall be promptly paid to the treasurer of the city for deposit in the General Fund of the city to be used for the purpose of defraying the costs of election borne by the city and shall not be used to benefit any candidate or committee. (e) Anonymous contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000.00) Dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended. After (June, 1994) " 0 124 EL SEGUNDO MUNICIPAL CODE Page 2 -11 Title 2 - ADMINISTRATION AND PERSONNEL receipt or notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within-three days from such notice of violation of this section total anonymous contributions exceeding One Thousand and no /100ths ($1,000.00) dollars shall be placed in the General Fund of the city, and shall be earmarked and used for the purpose of defraying the costs of elections borne by the city and shall not be used to benefit any candidate or committee. (f) Contributions made on behalf of another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both the person's, intermediary's, or agent's own full name and street address, occupation, and the name of the person's, intermediary's or agent's employers, if any or the person's, intermediary's, or agents principal place of business if the person, intermediary, or agent is self - employed; the recipient of the contribution shall also be made aware of the full name and street address and occupation and the name of the employer, if any, or principal place of business, if self - employed, of the actual contributor. (g) Assumed name contributions. No contributions shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No persons shall make a contribution in his or its name of anything belonging to another person or received from another person on the condition that it is to be used as a contribution. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (h) Fund - raising events. In the event a candidate or committee desires to have a campaign fund - raising event of any kind directly connected with a campaign for public office, then in that connection the candidate or committee shall file a statement showing the gross income from such event, and the costs of the event shall be deducted from the gross receipts, and the net figure shall apply to the sums defined in Section (e) of this chapter. (i) Time Frame. No candidate or committee shall accept any contributions except during the election period. Election period ( June, 1994•) 0 125 EL SEGUNDO MUNICIPAL CODE Page 2 -12 Title 2 - ADMINISTRATION AND PERSONNEL means from the time that valid nomination papers can be filed to the time that the polling places close on election day. (j) Violations: Any violation of the provisions of this section shall be subject to the same enforcement provisions set forth in Sections 91000 though 91014 of the Government Code of the state, which Sections are hereby incorporated by reference. (k) Loans. All loans, solely for the purposes of political campaigning, except loans from financial institutions will be subject to the same restrictions as defined in Section (c) of this chapter. (Ord. 1146) 2.09.02 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES.. Persons or organizations not subject to the control of a candidate but who make expenditures for or against a candidate shall indicate clearly on any material published, displayed, or broadcast that it was not authorized by a candidate when such expenditures in whole or in part would have been covered by the provisions of this chapter if they were subject to the control of a candidate. Such persons or organizations shall comply with all the filing requirements imposed on candidates and committees by this chapter. (Ord. 1146). 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. No person who supplies goods or services, or both goods and services, to a candidate or committee for use in connection with the campaign of the candidate or for or against a measure shall refuse knowingly to divulge or disclose to the enforcement authority his record of any expenditures made by the candidate or committee in payment for such goods or services, or both. (Ord. 1146) . 2.09.040 ENFORCEMENT AUTHORITY. For the purpose of this chapter, "enforcement authority" shall mean the District Attorney of the County and /or the Attorney General of the State for all civil and criminal enforcement. (Ord. 1146). 2.09.050 PENALTIES. All penalties prescribed by the Political Reform Act of 1974 shall apply to the provisions of t ^:s chapter and shall be mandatory. (Ord. 1146). (June, 1994) a 126 EL SEGUNDO MUNICIPAL CODE Page 2 -13 Title 2 - ADMINISTRATION AND PERSONNEL 2.09.060 RULES OF CONSTRUCTION. The provisions of this chapter shall be construed liberally in order to accomplish -the purposes of this chapter. (Ord. 1146). 2.09.070 FILING DEADLINES. (1) A final pre - election filing of updated versions of all documents required by the Political Reform Act and this ordinance shall be filed and received by the city clerk by 12:00 Noon on the final Friday before the election and shall reflect all actual and anticipated expenditures and contributions through the date of the election. (2) A final post - election filing of all documents required by the Political Reform Act and this ordinance mus't be received by the city clerk by 12:00 Noon`on the third day after the election which shall reflect all actual expenditures and contributions through the date of the election. (Ord. 1146). 2.09.080 CIVIL ACTIONS. The Court may award to a plaintiff or defendant, other than an agency, who prevails in any action brought under this Chapter his costs of litigation, including reasonable attorney's fees. (Ord. 1146) . ( June, 1994) 00 1 W 5. MAY CITIES AND COUNTIES IMPOSE THEIR OWN CONTRIBUTION LIMITS? Cities and counties may establish or maintain in effect contribution limits which are "as or more stringent" than those established by Proposition 208. However, a local jurisdiction may enforce contribution or voluntary expenditure limits that are higher than those set by Proposition 208 only by a vote of the people. 6. WHAT ARE THE VOLUNTARY EXPENDITURE LIMITS IMPOSED BY PROPOSITION 208? Proposition 208 creates a set of voluntary expenditure ceilings in an attempt to regulate the amount of money spent on political campaigns. The measure also includes incentives to encourage candidates to accept the limits. a. Ceiling: Proposition 208 does not require that voluntary limits be in place in local jurisdictions, but rather permits each city and county to establish voluntary expenditure ceilings in any amount of one dollar ($1) or less per resident for each election in the jurisdiction. b. Incentives: If the city or county adopts a voluntary expenditure ceiling, candidates must file a statement of acceptance or rejection of the ceiling before accepting any contributions. If the candidate accepts the expenditure limitations, the per person contribution limit described in question 1, above, is increased to $250 per election in jurisdictions with fewer than 100,000 residents and to $500 per election in jurisdictions with 100,000 or more residents. It is not entirely clear how this provision will affect March, 1997 local elections, since some candidates will already have accepted contributions prior to the time the expenditure ceiling, if any, takes effect. Once a candidate who does not accept the expenditure ceiling raises or spends 75% of the recommended expenditure ceiling for that office, the voluntary expenditure ceiling for other candidates in the same race will automatically triple. If an independent expenditure committee or committees in the aggregate spend 50% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically triples. If an independent expenditure committee or committees in the aggregate spend 25% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically doubles. Proposition 208 also requires that local elections officials designate on the ballot, in the ballot pamphlet, and in the sample ballot, which candidates have accepted the voluntary expenditure ceilings. The Fair Political Practices Commission ( "FPPC ") will issue a regulation regarding the manner of designation but that regulation may not take effect prior to the ballot printing deadline for March 1997 elections. -3- 000005 ACMMOS. WAT1pq 6 OEris►gN Lv[ tau.. EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Clerk GE A DE —S–C– PT Resolution establishing a Voluntary Expenditure Ceiling ( "VEC ") for the April 14, 1998 Municipal Election. RECOMMENDED C ACTION: 1. Discussion 2. Read the Resolution by title only 3. By, motion adopt resolution/ or 4. Reject the Resolution for Voluntary Expenditure Ceiling TWODUCTION AND BACKGROUND: Proposition 208 approved by the people at the November 1996 election made several additions to an already substantial body of law, the 1974 Political Reform Act. The Act permits local agencies to establish a Voluntary Expenditure Ceiling. The ACT provides that the City Council may establish a VEC for candidates and their controlled committees not to exceed one dollar per resident (15,223'). The limit can be set at lower levels by the governing body or higher levels by a vote of the electorate. Contributions from person (including a candidate's spouse in local elections are limited based upon the jurisdictions population and whether the candidate agrees to the VEC. If a candidate agrees to be bound by the VEC, the contribution the candidate can receive from any individual donor or small contribution committee more than doubles. Candidates agreeing to the VEC, are also required to be prominently identified in the ballot pamphlet as having agreed to the VEC. Specifically, if the candidate has not agreed to the VEC, persons ( individuals, business entities and certain committees) may only contribute $100 per candidate per election. If the candidate files a statement agreeing to the Voluntary Expenditure Ceiling (FPPC Form 500) and the Council had adopted a VEC persons may only contribute $250 per candidate per election. In races where some candidates agree to be bound by the VEC and others do not, the Act attempts to equalize the playing field. For example, where a candidate not agreeing to the VEC receives contributions, has cash on had or makes qualified expenditures equal to 75% or more of the VEC, the VEC for those candidates who have agreed to those voluntary limits would be tripled. D-, -,4 — +ha loan fariaral census data ATTTCHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: MM - ` /j-)F/ z Cab e , August 25, 1997 REVIEWED V : James W. Morrison, City Manager RESOLUTION NO. A- RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF EL SEGUNDO, CALIFORNIA ADOPTING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS PURSUANT TO GOVERNMENT CODE SECTION 85400. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City does hereby find, determine and declare as follows: A. On November 5, 1996, the voters of the State of California adopted Proposition 208. B. Proposition 208 expressly authorizes local jurisdictions to establish Voluntary Expenditure Ceilings for candidates and controlled committees of such candidates for elective office not to exceed one dollar ($1) per resident for each election in the jurisdiction in which the candidate is seeking elective office. C. Based upon the 1990 federal census data, the resident population of El Segundo is 15,223. D. It is in the best interest of the City of El Segundo to establish a Voluntary Expenditure Ceiling for all municipal elections held in the City, in that such a ceiling could minimize the potentially corrupting influence and appearance of corruption caused by excessive contributions and expenditures in campaigns by providing a reasonable spending limit for candidates. E. A Voluntary Expenditure Ceiling may also allow candidates and officeholders to spend a lesser proportion of their time on fundraising and a greater proportion of time communicating issues of importance to voters and constituents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of El Segundo that this City hereby establishes a Voluntary Expenditure Ceiling pursuant to California Government Code Section 85400 for each municipal election held in the City, which such Voluntary Expenditure Ceiling shall be and shall apply both to candidates and controlled committees of such candidates running for office. SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED AND APPROVED this day of , 1997. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: {� Mark Hensley, City Attorney Sandra Jacobs, Mayor City of El Segundo, California 0 130 EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business and Reports - AGENDA DESCRIPTION: City Council Members Determine City Council interest in establishing city authority over trees growing in private property front yards. RECOMMENDED COUNCIL ACTION: Direct City Attorney to investigate the City's ability to control trees located in front yards on private property. 2. Direct staff to conduct a comprehensive tree inventory to identify street trees and trees in front yards, which may presently be outside of established easement. INTRODUCTION AND BACKGROUND: Because of recent events that have led to residents questioning the ownership of front yard trees and their right to trim and or remove said trees, it is requested that City Council discuss impacts this may have on the City as it relates to our community forest. DISCUSSION: m I I r1.0nGU QUrrUK i INti UUUUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget:_ Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No ORIGINATED: Jane Friedkin,,Councilwoman REVIEWED BY: Date: James W. Morrison, City Manager ACTION TAKEN: AIS- Date: August 26, 1997 0 131 . CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: August 27, 1997 To: City Councilmembers City Manager Via: Director of Planning and Building Safety From: Airport Projects Administrator `Xi EL SEGUNDO CITY COUNCIL MEETING DATE: 2 September 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Residential Sound Insulation Plans and Specifications The Plans and Specifications for the El Segundo Residential Sound Insulation Program, and associated proposed Contractor and Window Supplier Contracts and Homeowner Agreement are provided for the Council's review and requested approval. RECOMMENDED COUNCIL ACTION: 1. Discussion; and, 2. Approval of Phase 5 of the El Segundo Residential Sound Insulation Program Plans and Specifications, and Contractor and Supplier Contracts, Homeowner Agreement, and authorization to advertise for bids. BRIEF SUMMARY:— The Planning and Building Safety Department has developed the Plans and Specifications for Phase 5 of the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Supplier Contracts with the assistance of Wyle Laboratories and the City Attorney's Office. The 71 participating residences have been divided into 7 bid packages to encourage small to mid -sized contractors to bid. While we will have seven different construction contracts, one contractor could offer the lowest bid on all seven. Therefore we may have any number of contractors, between one to seven. There is only one window supplier contract. If approved by Council, the Plans and Specifications will be forwarded to the FAA for concurrance. It is anticipated that the bid process will take 4 to 5 weeks. During that period Staff will conduct a Contractor/ Supplier Pre -Bid Conference to ensure all bidders are fully aware of the goals of this project and the procedures established to reach those goals. No bids will be accepted from Contractors or Suppliers unless they have attended the Conference. It is Staffs plan to present, for approval, a list of the responsible Contractors and Supplier offering the lowest bids for the projects elements to the Council at its 21 October meeting. We would then expect to be in construction in December. It is expected that the 71 home project will be completed in June 1998. The project will treat 71 residences, of which 59 are single family units and 12 are multi - family units. Participants include 60 property owners. The Participants consist entirely of residents who volunteered to participate in the City's RSI program which required they provide 20% of the cost of the RSI Treatment. The homes are distributed throughout the impact areas as indicated below: Type 75dB 70dB 65dB Sub - Home Zone Zone Zone Total Single Family Homes 27 + 23 + 9 = 59 Multi - Family Homes 12 + 0 + 0 = 12 Totals 39 + 23 + 9 = 71 Percentages 55% 32% 13% Phase 5 participants will not have to pay 20% of the cost of participation because, at its meeting of 18 February 1997, the City Council voted to use the LAX out -of -court- settlement funds to pay that cost for Phase 5 participants. Program Budget Data Follows: If Staffs estimates are accurate there will be a balance of approximately $323,787 in out -of -court- settlement funds remaining at the end of Phase 5 construction. It is also anticipated that a balance of approximately $555,820 in federal grant funds will remain at the end of Phase 5. Staff will request Council direction to carry these funds into Phase 6 to insulate an additional 20 -25 homes. rsi- p3s4.agn Balance of Units Treated Cost Breakdown Grant Fed Funds SFDs MFDs 80 %Fed 20 %City Total AIP 3 -06- 6139 -NB $ 128,396.00 00 08 $ 117,504 $ 29,376 $ 146,880 AIP 3 -06- 6139 -NC 1,331,296.00 36 04 1,052,048 263,012 1,315,060 AIP 3 -06- 6139 -NE 1,000.000.00 23 00 734,320 183,580 917,900 Totals 2,459,692.00 59 12 1,903,872 475,968 2,379,840 If Staffs estimates are accurate there will be a balance of approximately $323,787 in out -of -court- settlement funds remaining at the end of Phase 5 construction. It is also anticipated that a balance of approximately $555,820 in federal grant funds will remain at the end of Phase 5. Staff will request Council direction to carry these funds into Phase 6 to insulate an additional 20 -25 homes. rsi- p3s4.agn FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: NO IMPACT ON THE Amount Requested: $2 400 000 GENERAL FUND Project/Account Budget._ $2,284,269 OTHER THAN A REDUCTION Project/Account Balance._ $2,400,000 Date:_ 1 July 1997 OF OUT -OF -COURT Account Number: 116 -400- 0000 - several SETTLEMENT FUNDS Project Phase: NA OF APPROXIMATELY Appropriation Required - Yes No X $475,968 ATTACHED SUPPORTING DOCUMENT—S- 1 . RSI Program Summary 2. Plans and Specifications for Phase 5 including Construction Contractor's Contract 3. Window Supplier's Contract 4. City's Contract with Phase 5 Homeowners 5. RSI Program Waiting List 6. Copy of Staff Report Offering Proposals for the Disposition of the $1,012,298 LAX Out -of -Court Settlement Date: 25 August 19 Harvey G. Holden, Special Projects Administrator REVIEWED –B'7.--- : Date: 25 August 1991 Bret B Berne , AICP, rector of Planning and Building Safety Mark Hensley, City Attorney Z 7--:7-7 W. Morrison, City Manager rsi- p&s4.agn m SECTION 2 m n BIDS WILL BE RECEIVED UP TO THE HOUR OF 1:00 p.m. FRIDAY, OCTOBER 3, 1997 IN THE CITY CLERK'S OFFICE 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED MANDATORY PRE -BID CONFERENCE WILL BE CONDUCTED AT 10:00 a.m. WEDNESDAY SEPTEMBER 24, .1997 IN THE CITY COUNCIL CHAMBERS 350 MAIN STREET EL SEGUNDO, CA 90245 CITY POINT OF CONTACT: AIRPORT PROJECTS ADMINISTRATOR (310) 607 -2202 NOTICE INVITING SEALED BIDS ,, FOR THE SOUND INSULATION OF DWELLINGS IN THE CITY OF EL SEGUNDO Project No. PW97 -2 to PW97 -8 PUBLIC NOTICE IS HEREBY GIVEN that the City of El Segundo invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 350 Main St., El Segundo, California 90245, up to the hour of 1:00 p.m. on 3 October 1997, at which time they will be publicly opened. Phase 5 of the El Segundo Residential Sound Insulation (RSI) Program includes seven construction contract packages. Volume 1, "Instructions to Bidders /Bid Forms," and Volume 2, "Standard Project Specifications and Details," are common to all seven construction contract packages and are an integral part of each of the seven packages. Volumes 3 through 9 contain project elements of approximately 10 homes each. These elements are identified as N8 -A, NC -A, NC -B, NC -C, NC -D, NE -A and NE -B respectively, and by Public Works Contract Number PW97 -3 through PW97 -9. The titles of Volumes 3 through 9 are as follows: Volume 3: Phase 5 Element N8 -A Plans and Modification Requirements PW97 -2 Volume 4: Phase 5 Element NC -A Plans and Modification RequirementsPW97 -3 Volume 5: Phase 5 Element NC -B Plans and Modification RequirementsPW97 -4 Volume 6: Phase 5 Element NC -C Plans and Modification RequirementsPW97 -5 Volume 7: Phase 5 Element NC -D Plans and Modification RequirementsPW97 -6 Volume 8: Phase 5 Element NE -A Plans and Modification RequirementsPW97 -7 Volume 9: Phase 5 Element NE -B Plans and Modification RequirementsPW97 -8 Copies of Volumes 1 and 2 and one each of the seven volumes of the Plans, Specifications, and Contract Documents, a total of nine volumes, are available from the Planning and Building Safety Department, City of El Segundo, 350 Main St., El Segundo, California 90245, upon payment of a $75 nonrefundable fee if picked up, or a payment of an $80 nonrefundable fee if mailed. Copies of Volumes 1 and 2 and any one of the seven volumes of the Plans, Specifications and Contract Documents are available for $27 if picked or $30 if mailed. Additional volumes are available for $9 at the counter, and $11 mailed. I -A -1 Cost of the volumes is summarized below: Volume Picked Up Mailed Complete Set (one each of nine volumes) $75 each $80 each One Construction Package (Vol. 1 & 2 + one volume) $27 each $30 each One copy of any one volume $9 each $11 each Each of the seven bid packages includes Volumes 1 and 2, with plans and specifications for specific residences included in the appropriate, numbered element volume (volumes 3 -9). A bidder may bid on one or more of the seven bid packages. Each of the seven bid packages represents a separate contract and must be bid individually. The responsible bidder offering the lowest bid for a bid package will prevail. While there are seven individual bid packages for acoustic tratement of homes participating in Phase 5 of the City's Residential Sound Insulation (RSI) Program, there is only one window supplier contract. All windows used in completion of Phase 5 will be provided by a single supplier. That supplier is responsible for training construction contractors in proper installation techniques and is responsible for providing delivery on site of all windows Free On Board (FOB) to the construction contractors at sifes designated by the City. The delivery schedule shall be jointly drafted by construction contractors and supplier. The final delivery schedule is at the sole discretion of the City. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. See Page I -B -3, "Prevailing Wages," and Section III of Volume 1, "Wage Rates," for prevailing wage scales. The City of El Segundo will deduct a ten percent retention from all progress payments as specified in Section II, Part B, "General Provisions," Section 9, item 9 -3.2 (page II -B -9) of Volume 1 of the Instructions to Bidders. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon. In compliance with state and federal regulations, the City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in, and to, all causes of I -A -2 action it may have under Section 4 of the Clayton Act, (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the r+, Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. M Bids must be prepared on the approved Proposal forms in Section 1, Part C of the Instructions to Bidders, and submitted to the City Clerk, City of El Segundo, in a sealed envelope. The sealed envelope must be plainly marked on the outside "Sealed Bids for Project No. (97 -3, 97 -4, 97 -5, 97 -6, 97 -7, 97 -8, and /or 97 -9, as appropriate) in the City of El Segundo - Do Not Open with Regular Mail." Failure to complete the bid submittal on the approved Proposal Forms provided will result in classification of the bid as "non- responsive," thereby disqualifying the bidder. The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an amount no less than ten percent of the amount bid for the base contract. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code and /or who has not attended the Pre -Bid meeting at 10 :00 a.m. on 24 September 1997, in the El Segundo City Council chambers at 350 Main Street. For this project, those acceptable classes of license shall be "B" or "C -2," and others as approved by state law. The successful Contractor and his subcontractors will be required to possess Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of sixty days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officers of the City of El Segundo. BY ORDER OF the City of El Segundo, California. Cindy Mortesen City Clerk I -A -3 11 12. BIDDER'S CONFERENCE AND SITE TOUR Bidders must examine and judge for themselves the location surroundings, physical condition, and nature of any work to be done. Submission of a Bid shall be conclusive evidence that the bidder has made such an examination. The plans for the work show conditions as they are supposed or believed to exist. The conditions shown do not constitute a representation of warranty, expressed or implied, by the City or its officers, that such conditions actually exist. Neither the City nor any of its officers shall be liable for any loss sustained by the Contractor as a result of any variance between conditions shown on the plans and the actual conditions. On 24 September 1997, prospective bidders must attend a Bidder's Conference which will be held at 10:00 a.m. on this date at the El Segundo City Council Chambers, 350 Main Sheet. Immediately following the meeting, a tour of the project area will be conducted and some of the project buildings will be open for inspection. Additional information regarding the meeting or the tour may be obtained from John Kaytor, (310) 322 -1763, of Wyle Laboratories, the consultant for Phase 5 of the City's RSI Project. 13. SAFETY RECORD The bid submitted shall include, on the form herein provided, a Contractor's Industrial Safety Record (page I -C -13) for the contractor. 14. FEDERAL NOTICE AND INSTRUCTIONS TO BIDDERS This part of the contract includes information and requirements mandated by the FAA as part of the Residential Sound Insulation Program. 1. This contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, the Federal Labor provisions and the Equal Employment Opportunity (EEO) provisions as contained in the contract, specifications and bid documents. 2. All mechanics and laborers on the project shall be paid no less than the minimum wage rate established by the U.S. Secretary of Labor. A copy of the Department of Labor Wage Rate Determination applicable to this contract is included in the specifications at Section III. I -B -1 M M M CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT Contract for the Installation of Residential Sound Insulation THIS AGREEMENT is made and entered into this _day of 19_ by and between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter called "CITY," and hereinafter called "CONTRACTOR." CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted on or before for the following: Phase 5 Element hereinafter called "PROJECT." Plans & Modification Requirements PW97- At said time, in the Office of the City Clerk of the City of El Segundo, said bids were duly opened. At its regular meeting held on , the City Council duly accepted the bid of CONTRACTOR for said PROJECT as being the lowest responsible bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, said parties do hereby agree as follows: ARTICLE I The Contract Documents for the PROJECT shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, "Standard Specifications for Public Works Construction," 1997 Edition, Special Provisions, Plans, CONTRACTOR's Proposal, and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits, notices and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to inure its completion in an acceptable manner. All of the rights and obligation of CITY and CONTRACTOR are fully set forth and described in the Contract Document. All of the above - mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as the CONTRACT DOCUMENTS and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein. I -D -1 n Iq NOTIFICATIONS The Contractor shall begin work only after receiving permission to do so from the Airport Projects Administrator. The following numbers are provided for the contractor's convenience: Airport Projects Administrator: El Segundo Fire Department: El Segundo Parks and Recreation Dept.: El Segundo Police Department: El Segundo Water/Wastewater Division Southern California Edison Company Underground Service Alert EMERGENCY INFORMATION (310)607 -2202 (310)322 -4311 (310)322 -3842 (310)322 -9114 (310)322 -4670 (310)783 -9350 1- 800 - 422 -4133 The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Airport Projects Administrator prior to beginning work. II -A -2 6 -1 CONSTRUCTION SCHEDULE AND COMGNCMMNT OF WORK Prior to issuing the Notice to Proceed with Work, the Engineer will schedule a preconstruction meetinq with the Contractor to review the proposed Construction Schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6 -7 TIXZ OF COXPLITION 6 -7.1 General. The time for completion shall be as noted in the General Specifications. 6 -7.2 workinq Dap. Unless otherwise specified, the Contractor's activities shall be confined to the hours between 7 a.m. and 4 p.m. Monday 'through Friday, excluding holidays. Deviation from these hours will not be permitted without prior consent of the Engineer, except in emergencies involvinq immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due to the Contractor. 6 -9 LIQUIDATED DAXAGEA The liquidated damages value is hereby amended to be five hundred dollars ($500) per day. 7 -1 CON%MACTORI A EQUIPXa'i'1' AM FACILITIES A noise level limit of 86 db at a distance of 50 feet shall apply to all construction equipment on or related to the Project whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. w II -B -6 SECTION 11 m m AGREEMENT FOR PARTICIPATION IN RESIDENTIAL SOUND INSULATION PROGRAM This AGREEMENT FOR PARTICIPATION IN THE CITY OF EL SEGUNDO RESIDENTIAL SOUND INSULATION PROGRAM ( "RSI Program ") is made and entered into this _ day of , 19_ by and among the CITY OF EL SEGUNDO ( "City ") and ("Homeowner"). The Homeowner has legal title to real property and improvements commonly referred to (Street Address in El Segundo) (hereafter "the Premises "), as attested to by a deed recorded in the County of Los Angeles, a certified copy of which is attached hereto; The Homeowner's mailing address, if different from above, is: (Street Address and City) The Homeowner's home telephone number is: The Homeowner's work telephone number is: SECTION 1. RECITALS. A. The City of Los Angeles, by and through the Los Angeles Department of Airports ( "LADOA ") and the Los Angeles Department of Airports Board of Commissioners ( "BOAC ") owns and operates the Los Angeles International Airport ( "LAX "), (collectively referred to as "Los Angeles "); B. Effective April 13, 1985, the FAA approved the LAX Part 150 Noise Compatibility Program ( "LAX 150 NCP ") which enabled four jurisdictions, including the City of El Segundo, to apply for FAA grants; C. Included in the LAX Part 150 NCP are approved noise mitigation Programs aimed at converting incompatible land uses within the LAX airport noise impact area to compatible land use; LAX2:186932.1 D. The City seeks to implement its RSI Program and provide for the use of FAA matching grant funds. By this AGREEMENT, the Homeowner seeks to participate in the City's RSI Program. As such, pursuant to the terms and conditions set forth below, the Homeowner agrees to participate in the City's RSI Program. SECTION 2. THE CITY HAS HIRED THE CITY'S AIRPORT PROJECTS ADMINISTRATOR The City has hired the City's Airport Projects Administrator ( "APA ") to manage the Program and a consultant to assist the City in the implementation of the City's RSI Program. The consultant's duties include, but are not limited to, assisting in the recordation of acoustical and dimensional measurements, the preparation of plans and specifications for each Homeowner's property, the hiring of contractors, and the approval of work performed by the contractors. SECTION 3. ACKNOWLEDGEMENT OF UNDERSTANDING OF RSI Program By execution of this AGREEMENT, the Homeowner acknowledges that the City's RSI Program, including the Program process and procedures, have been fully explained to the Homeowner and that all questions posed by the Homeowner have been answered to the Homeowner's satisfaction. SECTION 4. REVIEW AND MEETING ATTENDANCE Homeowner shall review all written materials regarding the Program prepared by the City and shall attend all meetings relating to the Program. SECTION 5. CITY ACCESS Homeowner shall permit the City, its employees, agents, and contractors access to all rooms on the Premises for purposes of inspecting, measuring, and otherwise undertaking any actions necessary for gathering information to develop a Scope of Work for the installation of noise - reducing materials and equipment. Homeowner shall make reasonable efforts to make all portions of the premises accessible to the City, its employees, agents, and contractors. Failure to provide access will preclude the City from providing any RSI services to the homeowner. LA86932.1 -2 SECTION 6. SCOPE OF WORK The City's consultant has prepared plans and specifications for installation of materials in the Homeowner's Premises. Homeowner agrees that he /she /they has reviewed the plans and specifications and agrees to the installation of materials pursuant to the plans and specifications. SECTION 7. WITHDRAWAL FROM PARTICIPATION IN THE RSI PROGRAM The Homeowner may withdraw from the City's RSI Program at any time. Withdrawal from the City's RSI Program must be written and delivered, either by hand, messenger, certified mail or overnight mail, to the City Clerk. The Homeowner acknowledges, however, that should the City proceed with ordering materials, preparing plans and specifications, and hiring a contractor(s) to make the approved acoustical improvements to the Homeowner's property the Homeowner shall be responsible for all associated costs should the Homeowner withdraw from the City's RSI Program before a "Notice of Completion" is filed. SECTION 8. CITY'S OBLIGATION TO PROCEED IS CONTINGENT UPON AVAILABLE FAA FUNDING The City agrees to provide the RSI improvements as described more fully in the plans and specifications prepared for the Homeowner by the City's consultant. The City's obligation to proceed with the RSI improvements is contingent upon available funding from the FAA. The execution of this AGREEMENT by the Homeowner does not guarantee immediate participation in the City's RSI Program. The City will use its best efforts to sequence the construction of the RSI improvements in as equitable and expeditious a manner as sound Program management allows. However, it is within the sole discretion of the City to determine the sequence of construction of RSI improvements. The Homeowner's participation in the City's RSI Program shall be at the sole discretion of the City and the City may at any time, at its sole discretion, terminate this AGREEMENT. SECTION 9. NOTICE OF COMPLETION Upon completion of the improvements by the City's contractor(s), the City shall cause to be filed a notice of completion as to the RSI improvements to the Homeowner's dwelling. SECTION 10. DEFECTS. L/186932.1 -3- SECTIOIN 12 m m M 2 NOTICE INVITING SEALED BIDS FOR THE SUPPLY OF STC WINDOWS FOR SELECT HOMES IN THE CITY OF EL SEGUNDO BID NO. PW97 -08 ANNUAL CONTRACT FOR THE PURCHASE OF STC WINDOWS PUBLIC NOTICE IS HEREBY GIVEN that the City of El Segundo invites sealed bids for the above project and will receive such bides in the offices of the City Clerk, 350 Main Street, El Segundo, California 90245, up to the hour of 1:00 p.m. on 19 October 1997, at which time they will be publicly opened. Copies of the Contract for the Purchase of STC Windows, including contract documents are available from the Planning and Building Safety Department, City of El Segundo, 350 Main Street, El Segundo, California 90245, upon payment -of a $55.00, non - refundable fee if picked up or a payment of $60.00 non - refundable fee if mailed. Additional volumes are sold at a $5.00 discount. All Bidders MUST attend the Pre -bid Conference and tour which will be conducted at the City Council Chambers, City Hall, 350 Main Street, El Segundo, at 10:00 a.m., Wednesday, 24 September 1997. The conference will include the City's Representative, the City's Consultant, the prospective Suppliers and prospective Construction Contractors. A project overview will be provided, and time will be provided to discuss plans, requirements, specifications, and Bid Documents in detail. Failul•e to attend this Pre bid Conference may result in the disqualification of a bidder by the project administrator. The principal items of work include, but are not limited to, the furnishing of windows and associated materials necessary for installation in homes participating in Phase 5 of the City's Residential Sound Insulation (RSI) program. All of the above work or furnishing of materials is to be done under contract with the City in accordance with those certain plans, specifications, and drawings prepared by the City, considered and approved by the City Council, to which documents reference is hereby made for description of said Works and Improvements. . Bids must be submitted on the blank forms prepared and furnished for that purpose and which may be obtained through the Office of the Airport Projects Administrator in the Planning and Building Safety Department. At said office, bidders may obtain copies of the Instructions for Preparation and Submittal of Bids, Agreements, Terms and Conditions, Samples of mandatory Submittals including the Bid Documents and the Phase 5 Plans and Specifications for the contemplated improvements. The Contractor will be required to furnish with the contract a Materials Bond in the amount of one hundred percent (100 %) of the aggregate amount of the contract. A ten (10) year wndobid.797 R h Supplier cost calculations should include the data provided in the plans and the fact that the supplier is solely responsible for costs associated with transporting and delivering the windows (See Section III, Element 1.18, "Delivery"). 2. Conference: All Bidders MUST attend the pre -bid conference and tour which will be conducted at the City Council Chambers, City Hall, 350 Main Street, E1 Segundo, at 10.00 a.m., Wednesday, 24 September 1997. The conference will include the City's Representative, the City's Consultant, the prospective Suppliers and prospective Construction Contractors. A project overview will be provided to discuss plans, requirements, specifications, and Bid Documents in detail and time will be available for the prospective Construction and Supply Contractors to ask questions. If changes to bid documents are required as a result of this conference, written bid addenda will be issued prior to the bid deadline. BIDDERS FAILING TO ATTEND THIS CONFERENCE MAY BE DISQUALIFIED FROM CONTRACT AWARD BY THE PROJECT ADMINISTRATOR. 3. Changes and Determinations: Pre -bid changes or determinations concerning Bid Documents, Specifications and Requirements shall be addressed by the City's Representative, the Airport Projects Administrator (APA) only. No changes or determinations will be effective unless provided by written addendum and signed by the City's APA. Effective changes or determinations will be provided in writing to all bidders recorded by the City as having received the bid documents. Oral or other changes or determinations shall be without legal effect. F. CITY REPRESENTATIVE The City's Project Representative is the Airport Projects Administrator (APA). The APA is Harvey G. Holden (Phone: (310) 607 -2202, Fax: (310) 322 - 4167). The City through its APA may designate other agents or representatives to act on its behalf in specified capacities. The City currently designates the following as its field represen- tatives: Mr. John Kaytor, Senior Architect, and Mr. Rick Herz, Engineer, both of Wyle Laboratories. Wyle Laboratories may be reached in El Segundo at (310) 322- 1763. G. DOCUMENTS TO BE INCLUDED WITH BID Bids shall be submitted on the forms provided in this Bid Package, portions of which may be copied, if required. All Bids must include the documents listed below. BIDDERS FAILING TO PROVIDE THE REQUIRED INFORMATION WILL BE CONSIDERED NON - RESPONSIVE AND WILL NOT BE ELIGIBLE FOR AWARD. See Section V, "Bid Documents" for a Bid Documents Checklist and copies of the acceptable documents. wndobid.797 12 ,: Window model numbers specified in laboratory test reports shall correspond to model numbers shown on catalog cuts and detail drawings submitted so that there is clear documentation showing that the submitted test reports are applicable to the products actually supplied. The type and thickness of glass must be shown in all test reports and detailed drawings. Test results shall appear on each window as specified in Section V. 6. Samples: Window Samples: Bidders shall sample a glazed corner assembly of each of the four types of window listed in Section V, Exhibit D, "Price/Rate Schedule A, Paragraph 5. Three of the samples shall include one of each of the three finishes, white, beige and bronze, Supplier will make available. Professional Manuals: Bidder shall provide two (2) copies of the Product Installation Manuals and other documents Bidder will use to aid the Installation Contractor(s) in completing installation requirements for STC Windows. Homeowners Manual: Bidder shall submit two (2) copies of the Homeowner's Manual. The sample Homeowner's Manual shall include operating and maintenance instructions, window specifications, and the address and telephone number of a customer service point of contact. L. RECEIPT AND OPENING OF BIDS 1. All Bids for this Contract must be received by: City Clerk's Office City Hall 350 Main Street El Segundo, California 90245 and be date /time stamped on or before one p.m (1:00 p.m.), Friday, 3 October 1997, at which time Bids will be opened publicly and read aloud. All Bids must be submitted to the City in sealed envelopes and must be designated as "Bid No. 97 -08, for "The Purchase of STC Windows." Bids received by the City after 1:00 p.m. on the Bid opening date shown above will not be accepted by the City. 2. Withdrawal of Bid -- Any Bid may be withdrawn prior to the Bid opening date. 3. Modification of Bids -- Bid modifications may be submitted prior to the Bid opening date. 4. Bids to Remain Open -- All Bids submitted shall remain open for sixty (60) days from the Bid opening date. wndobid.797 R Wel ANNUAL CONTRACT FOR THE PURCHASE OF STC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR AGREEMENT NO. PW97 -08 (Page 1 of 3 ) THIS AGREEMENT is made this day of 1997 between the City of El Segundo (the "City") and (the "Contractor "), who, in consideration of the mutual promises contained herein, agree: A. SERVICE Contractor shall furnish the Windows and Service(s) specified or indicated in the Contract Documents which are generally described as The Purchase of Sound Transmission Class ( "STC ") Windows (the "Windows ") for the residences participating in Phase 5 of the Ei Segundo Sound Insulation (RSI) Program. This is a non- exclusive contract and the City reserves the right to order windows for the RSI Program from other contractors for program phases subsequent to Phase 5. B. CONTRACT TIME The initial terni of this Contract shall correspond to the installation schedule for Phase 5. It is expected to commence in or about October 1997 and continue to approximately May 1998. C. CONTRACT RATES OR PRICES Contractor shall be paid for the Windows in accordance with the Contract Documents , at the Contract Rates or Prices specified in the Bid Document titled, "Price /Rate Schedule ", found in Section V. The Contract specifies that the City of El Segundo will withhold the Bid Bond in lieu of a ten percent (10 %) retention pending satisfactory delivery of the last of all required contract documents as addressed by this Contract. The agreed upon amount of constitutes the total compensation payable to Contractor. Said compensation shall fully compensate Contractor for all risk, loss, damages or expense of whatever character arising out of the nature of the Service or the prosecution thereof; and for all expense incurred in the consequence of the suspension or discontinuance of the Service as specified under the Agreement. D. CONTRACT DOCUMENTS The Contract Documents for the Project shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, Contractor's Proposal, and all referenced specifications, details. standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits notices and affidavits, warranties and guarantees, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. wndobid.797 17 ANNUAL CONTRACT FOR THE PURCHASE OF ST.0 WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR AGREEMENT NO. PW97 -08 (Page 2 of 3) All of the rights and obligations of the City and the Contractor are fully set forth and described in the Contract Documents. All of the above - mentioned documents are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or visa versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are herein referred to as the Contract Documents and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein. Project No. PW97 -08 is hereafter the "Contract ". Included in the Contract are the following Contract Documents: 1. The Purchase Order 2. The Agreement 3. Instructions to Bidders 4. General Ternis and Conditions - 5. Supplementary Terms and Conditions 6. Attachments: Contractor's Assurance of Compliance with Federal Mandates, Part A of Section IV Performance Bond Warranty Bond Certificate of Insurance 7. Bid Documents: 1 Bid Form 2 Bid Guarantee (Cashier's Check from Contractor) 3 Specifications and Requirements 4 Price /Rate Schedule 5 Additional Description of Windows Being Offered 6 Types of Equipment Available to Fulfill Contract Requirements 7 Description of Bidder's Company 8 Professional Manuals 9 Manpower and Training 10 Warranty 11 Subcontractor List 12 Local Dealer Providing Service and Support 13 References - 14 Catalog Cuts 15 Homeowner's Manual 16 Detail Drawings 17 Test Reports 18 Addenda, if applicable. 19 A11 Change Orders duly delivered after execution of the Agreement. wndobid.797