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1997JUN 17 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon prop b�....» 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, June 17,1997 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et 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. Harrison v. El Segundo, USCA, 9th Cir., Case No. 95 -56106 (mediation) 4. City of Los Angeles v. El Segundo, LASC Case No. BC 034185 0 002 06- 17- 97.5pm AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with cert ain statutory exceptions, can only take action upon properly posrea anu 11hLC;u arc==ua =��__�• The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, p lease p lace 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, JUNE 17,1997 - 7:00 P.M. CALL TO ORDER INVOCATION - Rabbi Leon Kahane, Temple Rodeph Shalom PLEDGE OF ALLEGIANCE - Councilman Mike Gordon PRESENTATIONS - ROLL CALL Next Resolution # 4015 Next Ordinance # 1272 Video presentation by DARE Officer Jerry "Tim" Skipper on "Every Fifteen Minutes" program. 1 11� PUBLIC COMMUNICATIONS - (Related to Citv Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1. A. Discussion and possible action concerning mail ballot vote results for a possible increase of 4.5° o of the City Water Utilit y rates. Recommendation - Adopt resolution certifying the results of the mail ballot votes. B. Resolution Fixing and Establishing Water Rates and Charges (fiscal impact - $397,120.00 increase in water revenues) Recommendation - 1) Discussion. 2) Adopt Resolution. 2. Continued Public Hearing on FY 97/98 Operating Budget and Five Year Capital Improvement Plan and adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended and CUital Im rovement Plan as amended. Recommendation - 1) To open the continued public hearing to receive public input on the operating and capital improvement budgets and then close the hearing. 2) To review the schedules detailing the proposed changes to date to the FY 1997/98 operating budget and the FY 1997/2002 capital improvement budget. 3) To adopt the Resolution approving and adopting the FY 1997/98 operating budget. 4) To adopt the Resolution approving and adopting the Appropriations Limit for FY 1997/98, as presented. 5) To adopt the Resolution approving and adopting the FY 1997/2002 capital improvement budget. 0 005 3. Continued Public Hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1)d Sepulveda 4 TDRs- Transfer Development Rights); and,t Negative 3) Residential Heights, an ) Declaration of Environmental Impacts in acodance c1 r _ Zone Text Amendment ZTA 97- l 1 and Zone EA -405, General Plan Amendm ent GPA 97 Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Develo ment Ri hts TDRs . Recommendation - 1) Hold continued public hearing; 2) Discussion; 3) Direct Staff to draft Ordinance consistent with Planning Commission recommendations or consistent with alternate City Council direction; and, 4) Schedule introduction and first reading of Ordinance on July 1, 1997. 4. Continued Public Hearing on proposed amendments to the General Plan and Zoning Code to provide new regulations for Wireless Communication Facilities; and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -403, General Plan Amendment GPA 97 -2, and Zone Text Amendment ZTA 96 -3. GPA 97 -2 will be processed with the first quarter General Plan Amendments /Zone Text Amendments (EA- 405 GPA 97-1. and ZTA 97-D.. Applicant• City of El Segundo Recommendation - 1) Hold continued public hearing; 2) Schedule a continued public hearing /special workshop for July 1, 1997 or another future date; and /or, 3) Other possible action /direction. 5. Public hearing on a proposed amendment to the City's Municipal Code to provide revised regulations for massage establishments in all commercial and industrial zones and the public facilijy zone Applicant: City of El Segundo Recommendation - 1) Hold public hearing; 2) Discussion; 3) Introduction and first reading of Ordinance; 4) Second reading and adoption of Ordinance on July 1,1997; and /or 5) Other possible action /direction. 0 006 C. UNFINISHED BUSINESS 1. Second reading and adoption of an Ordinance to amend the following sections of the General Plan, subdivision Code, Zoning Code, and Zoning Map: Subdivision Extensions, SHSP Height Bonus, Service Stations /Automobile Services, MU North and South, Architectural Landscape Features, Initiation of ZTA/GPA, Planning Commission Appeals, Golf Course, Video Arcades, Edison Right -of -Way, and Wireless Communication Facilities (General Plan Amendment only); and, a Mitigated Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendmrent GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicant: City of El Segundo Recommendation - 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, Adopt Ordinance. 2. Request by South Bay Economic Development Partnership for Council and staff participation to plan and implement an economic development and marketing strategy to retain and create jobs and to stimulate economic growth for the South Bay. Fiscal impact: Approximately $2,000 Der year after the first year in addition to Council and staff time. Recommendation - Discussion and possible action. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Announcement of appointments made by the City Council on Tuesday, June 10, 1997 to the various Committees Commissions and Boards ( "CCBs ") Recommendation - 1) Announce the appointments and respective terms of office, to the various Committees, Commissions and Boards. 2) Continue recruitment of additional applicants for the Senior Citizen Housing Corporation Board until 5:00 p.m. on Friday, July 11, 1997. 2. Requirements for Park Vista Management Services Request for Proposal Recommendation - Approve request for proposal for Management Services of Park Vista Senior Citizen Housing Facility. 0 007 E. CONSENT AGENDA All items listed are to be adopted by one motion without considered individually dual passed under the next heading of business. discussion of an item is made, the item(s) will be Y 1, Warrant Numbers 238536 - 239142 on Demand Register er Summary Number 42 in total amount of G13 497.95 and Wire Transfers in Recommendation - Approve Warrant Benefit checks released early due tto f to release. Ratify: Payroll and Employee B contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 05/23/97 to 06/10/97. 2. City Council meeting minutes of une 3 1997. Recommendation - Approval. 3 Thomas, Bigbie & Smith quarterly review of Investment Policies and Transactions for the eriod from anua 1 throu h March 31 1997. Recommendation - Receive and file. 4 Extend present Landscape Maintenance Agreement on a month -to -month basis with anticipated conclusion at the end of September 1997, and adopt specifications to go to bid for lands ca a maintenance services. Recommendation - 1) Approve extending present Landscape Maintenance Agreement on a month -to- month basis, with anticipated conclusion at the end of September 1997. 2) Adopt Landscape Maintenance Specifications. 3) Authorize staff to solicit bids from qualified vendors. 5 Amendment of Agreement with Manhattan Beach calling for Median Landscape Maintenance of Rosecrans Avenue. Recommendation - Approve a five (5) year amendment to extend current agreement with Manhattan Beach for maintenance of Rosecrans Avenue Median. 6 Adoption of plans and specifications for construction of a retaining wall along the northside of of Recreation Park (estimated cost = $63 000 Recommendation - 1) Adopt plans and specifications. 2) Authorize staff to advertise project for receipt of construction bids. 7. Adopt plans and specifications for the 1996 -97 Slurry Seal of Various Streets - Project No. PW 97 -11 estimated cost $92,500.00) . Recommendation - 1) Adopt plans and specifications. 2) Authorize staff to advertise for receipt of construction bids. 0 908 8, l%,ll LW - . - ____ __ r the Recommendation - Authorize the d for the udget Analyst to issue a pickup truck. amount of $27,190.29 to Villa For p urchase of the crew-cab - 9, Agreement providing for a three year Memorandum of Understanding between the City Council and the El Segundo Police Officer's Association. Fiscal impact: $820,000, three -year total compensation cost. Funds are available in the City's 1997/98 Fiscal Year Operating Budget for the first 7% Sala increases. Recommendation - 1) Approve the Agreement. 2) Adopt Resolution. 10. Consideration of Mr. Ahmad Shah Ali's application to operate an ice -cream truck within the City of El e undo. Fiscal Im act $911.00 annuall Recommendation - that the City Council consider and either approve, with the conditions listed in the Discussion section of the staff report, or deny Mr. Ali's application for an ice cream truck special permit. 11. Consideration of Mr. Mike Mathis' application for a "Small Income Business License" for collecting rec clable items. Recommendation - that the City Council approve Mr. Mathis' "Small Income Business" application. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 1. Request to approve a two -year contract for animal control service by Los Angeles County Animal Care and Control at an approximate first year cost of $47.050 from the General Fund. Recommendation - Approve the proposed Los Angeles County Animal Control contract; adopt an urgency ordinance enabling enforcement of Title 10 of the Los Angeles County Code for animal enforcement, excluding Title 10 Sections 10.90.010(VI) and 10.90.010(VII) relating to dog licensing fees and animal business licensing fees respectively; approve publishing of proposed fee increases for presentation of resolution and public hearing on animal licensing fees at July 1, 1997 council meeting. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE 0 nog J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE _ Councilman Weston - NONE Councilwoman Friedkin - The Cit of El Se undo's artici ation in re gional and subre ional or anizations. Recommendation - Discussion and possible action. Mayor Pro Tem Wernick - 1. Discussion about Planning Commission appeals, waiver of fees if appellants meet certain criteria and related matters. Recommendation - Discussion and possible direction to staff and /or Planning Commission. Mayor Jacobs - Discussion about the City's possible role in the deregulation of the electric utility business for the purchase of electricity. Recommendation - 1) Discussion. 2) Concurrence for Mayor Jacobs and Councilman Weston to work with staff and others on the potential role of the City and report back to the full Council from time to time as issues or solutions may develop. PUBLIC COMMUNICATIONS - (Related to Cily 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 SeMc .) 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., June 17, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: �, a- 9 TIME: � NAME: 06- 17 -97.ag EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Special Orders of Business Discussion and possible action concerning mail ballot vote results for a possible increase of 4.5% of the City Water Utility rates. Adopt resolution certifying the results of the mail ballot votes. On February 18, 1997, the City Council heard a staff presentation on possible actions the City could take concerning an increase to City Water Utility rates in light of Proposition 218. After hearing the various options, their consensus was to authorize staff to solicit proposals from private water agencies to provide water services within the City. On April 15, 1997, the City Council heard a staff presentation on possible actions related to the Water Utility including a Proposed Water Rate Restructuring Plan. At that meeting, the City Council approved maintaining local control of the water utility; increasing all existing rates by 4.5% subject to a mail ballot; accept the recommendations of staff to decrease the administrative costs and eliminate all financial subsides. The City purchased a Selected Secured Parcel Listing - 1996/97 Tax Year from the County Assessor's Office which the City r Rate IIncreasee he Schedule ofP 1997 to send out a Notice to Increase, a Owners of a and a Notice Proposed Water of Public Hearing for June 17, 1997 at 7:00 P.M. A total of 4,916 Mail Ballot Cards and notices were mailed. 821 valid Mail Ballot Cards were received in the City Clerk's Office. As of June 10, ' 997, 86 Mail Ballots were invalid for such reasons as not having a check on the appropriate line, and 133 Mail Ballot Cards were returned by the United States Post Office as undeliverable and were not included in the total valid count. The final count will be announced after the close of the public hearing on June 17, 1997. DISCUSSION: 1. Approve the staff recommendation to adopt resolution certifying the results of the mail ballot votes. ATTACHED SUPPORTING DOCU 1 : 1. Notice To Parcel Owners of Proposed Water Rate Increase and Notice of Public Hearing, Schedule of Proposed Water Rate Increase, and mail ballot. 2. Draft resolution certifying tho mail ballot vote results. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Project Pha!►e: Appropriation Required - Yes No Cindy M Jam City Manager 0 012 G1� Y tJjh NOTICE TO PARCEL OWNERS OF PROPOSED WING RATE INCREASE AND NOTICE OF PUBLIC HEAR April 25, 1997 Dear Parcel Owner: Please be advised that the City of E1 Segundo is proposing to raise its fees and charges for water services to your parcel by 4.5 %. The City Council will conduct a public hearing to consider this proposed increase on June 17, 1997 at 7:00 p.m. in the City Council Chambers located at City Hall, 350 Main Street E1 Segundo, California. The increase is proposed to take effect on July 1,1997. The increase is being proposed for purposes of covering the City's estimated actual costs for operating its water system. On the reverse side is a full schedule of the proposed water rate increases. If you oppose paying a 4.5% increase in your water rates please complete the enclosed post card and return it to the City Clerk prior to the close of the public hearing scheduled for 7:00 p.m. June 17, 1997 in the Council Chambers. This written protest can be sent by U.S. mail addressed to the City Clerk, City of E1 Segundo 350 Main Street, E1 Segundo, California, 90245 (note: the City will only consider written protests sent by U.S. mail received by the City prior to 5:00 p.m. June 17, 1997), or it may be dropped off in person at the City Clerk's office, 350 Main Street, E1 Segundo, California. If you wish to express your concerns against the proposed water rate increase, you may do so at the Public Hearing scheduled for June 17, 1997, 7:00 p.m. in the Council Chambers located at 350 Main Street, E1 Segundo, California. If you do not oppose the proposed 4.5% increase, no response is necessary. If you have any questions regarding this proceeding please contact the City Clerk's office 310 607 -2208, Monday - Friday, during the hours of 8:00 a.m. and 5:00 p.m.. Thank You Cindy Mortesen, City Clerk 0 0.1 SCHEDULE OF PROPOSED WATER RATE INCREASE Below is a listing of the current and proposed water rates. Basic Readiness -to -Serve charge (meter charge): Cu_ t Prop_ osed Meter Size Monthly Bi- Monthly Monthly Proposed Charge Charne A Charge Char e 518" x 3/4" meter $ 1.32 $ 2.64 $ 1.38 $ 1.38 $ 2.76 $ 2.76 3/4" meter $ 1.32 $ 10.56 $ 2.64 $ 21.12 $ 11.04 $ 22.04 1" meter 1 -1/2 meter $ 14.52 $ 29.04 $ 15.17 $ 30.34 2" meter $ 18.48 $ 36.96 $ 19.31 $ 38.62 3" meter $ 31.68 $ 63.36 $ 33.11 $ 66.22 4" meter $ 48.84 $ 97.68 $ 51.04 $ 102.08 6" meter $ 93.72 $ 187.44 $ 97.94 $ 195.88 8" meter $132.00 $ 264.00 $137.94 $ 275.88 10" meter $211.20 $ 422.40 $220.70 $ 441.40 12" meter $303.60 $ 607.20 $317.26 $ 634.52 16" meter $528.00 $1056.00 $551.76 $1103.52 20" meter $818.40 $1636.80 $855.23 $1710.46 Additional charges for water consumed: C o n s u m p tion o c e 0 -20 20-50 50- 100 over 100 Current Charge $ 1.1356 / 100 cubic feet or $ 0.4010 / cubic meter $ 1.2493 / 100 cubic feet or $ 0.4412 / cubic meter $ 1.3118 / 100 cubic feet or $ 0.4632 / cubic meter $ 1.3745 / 100 cubic feet or $ 0.4852 / cubic meter Monthly charges for fire service connections: Meter Size 2" meter 3" meter 4" meter 6" meter 8" meter 10" meter Current Charges $ 18.95 $ 28.42 $ 37.91 $ 56.85 $ 75.80 $ 94.75 Proposed Charges $ 19.80 $ 29.70 $ 39.62 $ 59.41 $ 79.21 $ 99.01 Calculating amount of proposed water rate increase: Amount from previous water bill Subtract sewer fee Total water cost Multiply by 0.045 Amount of increase per billing period Not applicable to recipients of Water Lifeline Service. Proposed Charge $ 1.1867 / 100 cubic feet or $ 0.4190 / cubic meter $ 1.3055 / 100 cubic feet or $ 0.4611 / cubic meter $ 1.3708 / 100 cubic feet or $ 0.4840 / cubic meter $ 1.4364 1100 cubic feet or $ 0.5070 / cubic meter x.045 p 014 NOTICE TO PARCEL OWNERS OF PROPOSED WATER RATE INCREASE If you wish to protest the 4.5% proposed increase, please check the box below, sign tte t card, and ns ,return the card to the city pursuant to the enclosed I hereby protest the 4.5% proposed increase in water fees and charges. Please Print Name X Signature INFORMATION ONLY 0 015 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECITING THE FACT OF THE MAIL BALLOT VOTE HELD, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, a Mail Ballot Vote was held and conducted in the City of El Segundo, California from April 25, 1997 through the close of the June 17, 1997 Public Hearing; and WHEREAS, a Notice To Parcel Owners of Proposed Water Rate Increase and Public Hearing, a Schedule of Proposed Water Rate Increase, and a Mail Ballot Card were mailed out by First Class mail to 4,916 parcel owners listed on a Selected Secured Parcel Listing - 1996/97 Tax Year which was obtained from the County Assessor's Office; and WHEREAS, Notice of the public hearing of proposed water rate increase was noticed on May 22, 29 and June 5 in time, form and manner as provided by law, and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required as provided by law; and WHEREAS, the City Clerk canvassed the returns of the mail ballot vote and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of mail ballots cast, except for those invalid and returned undeliverable, was That the number of invalid mail ballots received by the City Clerk's Office was , and the number of returned undeliverable mail ballots received by the City Clerk's Office was , making a total of mail ballots cast. That the number of mail ballot votes given in the City to the proposed water rate increase are listed in the attached Exhibit "A ". SECTION 2. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of valid mail ballots cast; (2) the whole number of invalid mail ballots cast, and the whole number of returned undeliverable mail ballots received by the City Clerk's Office. 1 0 01.6 SECTION 3, That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adopting thereof in the records if the proceedings of the City Council of said City, in the minutes of meeting which the same is passed and adopted. PASSED, APPROVED, AND ADOPTED this 17th day of June . 1997. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. H sley, City Attorney Sandra Jacobs, Mayor of City of El Segundo, California 2 0 017 EXHIBIT "A" CITY CLERK'S CERTIFICATE OF CANVASS I, Cindy Mortesen, City Clerk of the City of El Segundo, do certify that I have canvassed the returns of the Mail Ballot Vote held from April 25, 1997 through close of Public Hearing on June 17, 1997, and find that the number of votes given in the City to the proposed water rate increase, were as follows: Valid and counted mail ballots cast within the City of El Segundo. Invalid and not counted mail ballots cast within the City of El Segundo. Returned Undeliverable mail ballots received by the City Clerk's Office. Cindy Mortesen, City Clerk (SEAL) Dated: June 17, 1997 3 0 018 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Special Orders of Business Resolution Fixing and Establishing Water Rates and Charges (fiscal impact - $397,120.00 increase in water revenues). RECOMMENDED COUNCIL ACTION: 1. Discussion. 2. Adopt Resolution. INTRODUCTION AND BACKGROUND: On April 15, 1997, the City Council heard a staff presentation on possible actions related to the Water Utility including a Proposed Water Rate Restructuring Plan. At that meeting, the City Council approved maintaining local control of the water utility; increasing all existing rates by 4.5% subject to a mail ballot; accept the recommendations of staff to decrease the administrative costs and eliminate all financial subsides. DISCUSSION: Staff has prepared the accompanying Resolution in accordance with the Council's direction. The Resolution increases all commodity, meter charges, and Fire Service Charges 4.5 %. Discounted Water Lifeline Service rates have been eliminated. The new rates will be charged for water sold after July 1, 1997. In addition, at a City Council meeting on April 28, 1997, staff notified the Council of a pending action by West Basin Municipal Water District which would return $764,606.00 of MWD over charges to the City. The check was received on May 16, 1997. The report identified three (3) possible actions, including utilizing the returned funds to meet short term projected shortfalls. To date, Council has not taken a formal action on how the funds are to be utilized. The City Attorney has reviewed the Resolution and approved it as to form. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution. 2. Staff report dated April 28, 1997. FISCAL IMPACT: Operating Budget: N/A Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required: ORIGINATED, / Date: 411,91 roder nir ector of Public YVorjLs REVI BY: Date: 019 PW- JUN17.01 (Tuesday 6/9/97 4:00 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR W3 22 AND AL OTHER RIESOLU ONS iiN RESCINDING RESOLUTION NO. CONFLICT HEREWITH. WHEREAS, Chapter 14.04 of the "El Segundo Municipal Code" fixes, adopts, and establishes the rules and regulations for the service of water from the waterworks system of the City; and WHEREAS, Section 14.04.060 of said Chapter 14.04 of the "El Segundo Municipal Code" authorizes the rates and charges for water service to be fixed and established by resolution; and WHEREAS, on 6/6/95 Resolution No. 3922 was adopted which increased water rates for the City Water Enterprise Fund; and WHEREAS, Article X, Section 2, of the California Constitution declares that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare; and WHEREAS, California courts have recognize tiered water rate structures as reasonably reflecting the fact that it is in part the profligate usage of water which compels the initiation of regulated conservation measures necessary to comply with the mandate set forth in Article X, Section 2, of the California Constitution; and WHEREAS, the City Council conducted the public hearing and gave every interested person an opportunity to object to the proposed rates; and WHEREAS, the City Council considered all written protests against the proposed rates; and WHEREAS, the City Council having duly received and considered oral and documentary evidence concerning the jurisdictional facts in this proceeding and concerning the necessity for the contemplated water rates, has acquired jurisdiction to order the setting of the proposed water rates, fees and charges; and NAWATERMTR- RATE.RSO (6/9/97) 1 0 0 : 0 WHEREAS, the City Planning and Building Safety Director has determined that this Resolution is exempt from the California Environmental Quality Act pursuant to Sections 210980(b)(8) of the California Public Resources Code and Title 14, Section 15273 of the California Code of Regulations; and WHEREAS, all development in the City requires potable water to protect the public general welfare, health and safety; and WHEREAS, the purpose of water sales fees and monthly meter charges fees is to protect the public health, safety and general welfare by providing adequate potable water for the citizens of the City of El Segundo and to pay for the cost of providing such service;and WHEREAS, the current water sales fees and monthly meter charges fees are inadequate to pay for all of the costs associated with the provision of water service to all of the water users within the City; and WHEREAS, the increased fees collected pursuant to this Resolution shall be used only to pay for the cost of providing water service to the residents and non- residential development of the City; and WHEREAS, there is a reasonable relationship between the amount of the fees and the cost of services and facilities necessary to deliver water service to the residents and non - residential development of the City; and WHEREAS, the City Council is desirous of assuring the long term financial and physical viability of the said City Water Utility System and, further, of assuring the equitability of rates as between various categories of users connected to and using water from said City Water Utility System; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. ESTABLISHMENT OF WATER RATE SCHEDULES. A. Basic monthly readiness -to -serve charge: Monthly Readiness - Meter Size to -Serve Chame 5/8" x 3/4" meter ............. $ 1.38 3/4" me4`er ............. $ 1.38 1" meter ............. $ 11.04 1-1/2" meter ............. $ 15.17 NAWATER \WTR- RATEASO (6/9/97) 2 0 021 2" meter ............. $ 19.31 3" meter ............. $ 33.11 4" meter ............. $ 51.04 6" meter ............. $ 97.94 8" meter ............. $ 137.94 10" meter ............. $ 220.70 12" meter ............. $ 317.26 16" meter ............. $ 551.76 20" meter ............. $ 855.23 Additional charges for water consumed per month are: For first 2,000 cubic feet or 56 cubic meters of water used: $1.1867 per 100 cubic feet or $0.4190 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used: $1.3055 per 100 cubic feet or $0.4611 per cubic meter. For next 5,000 cubic feet or 142 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4840 per cubic meter. For monthly consumption over 10,000 cubic feet or 283 cubic meters: $1.4364 per 100 feet or $0.5070 per cubic meter. For reclaimed water: The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meter. B. Basic bi- monthly readiness -to -serve charge: BI-Monthly Readiness - Meter Size to -Serve Chame 5/8" x 3/4" meter ............. $ 2.76 3/4" meter ............. $ 2.76 1" meter ............. $ 22.08 1-1/2" meter ............. $ 30.34 2" meter ............. $ 38.62 3" meter ............. $ 66.22 4" meter ............. $ 102.08 6" meter ............. $ 195.88 8" meter ............. $ 275.88 10" meter ...........:. $ 441.40 12" meter ............. $ 634.52 16" meter ............. $ 1103.52 20" meter ............. $ 1710.46 Additional charges for water consumed per two month period are: N: \WATER \WTR- RATE.RSO (6/9/97) 3 0 0 22 For first 4,000 cubic feet or 112 cubic meters water used: $1.1867 per 100 cubic feet or $0.4190 per cubic meter. For next 6,000 cubic feet or 170 cubic meters of water used: $1.3055 per 100 cubic feet or $0.4611 per cubic meter. For next 10,000 cubic feet or 284 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4840 per cubic meter. For monthly consumption over 20,000 cubic feet or 566 cubic meters: $1.4364 per 100 feet or $0.5070 per cubic meter. For reclaimed water: The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meters. Where two or more meters are installed in a battery or manifold the service connection size shall be used for computing the readiness -to -serve charge and the consumption charges shall be based on the combined total consumption indicated by all the readings of all meters in the battery or manifold. SECTION 2. MONTHLY FIRE SERVICE CHARGE. Fire service connections shall be billed the following: 2" meter ............. $ 19.80 3" meter ............. $ 29.70 4" meter ............. $ 39.62 6" meter ............. $ 59.41 8" meter ............. $ 79.21 10" meter ............. $ 99.01 SECTION 3. CONSTRUCTION WATER RATES. Construction water rates shall be as follows: A. Water used on construction jobs shall be metered and the cost shall be one and one -half times that set forth under the general rates cost; B. Upon application for service a charge of sixty -four dollars ($64.00) shall be made for the initial meter installation and an additional charge of thirty -two dollars ($32.00) shall be made for each meter relocation; C. A returnable deposit of three hundred forty five dollars ($345.00) for each meter must be made upon application for service, which deposit shall secure the payment to the City of any damage suffered and of charges for water served and which has not otherwise been paid. SECTION 4. UNMETERED WATER RATES. For water use through an NAWATERWrR- RATE.RSO (6/9/97) 4 0 023 unmetered City fire hydrant, a charge shall be made to cover the cost of the water used and other related expenses of the City Water System. The charge shall be sixty -four dollars ($64.00) for turning the hydrant on and off and for the first ten minutes of flow. An additional charge of $2.52 shall be made for each minute after the initial ten minutes. Any use of water from a fire hydrant other than by the City shall be subject to the foregoing charge. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective July 1, 1997, provided however, that the initial rate schedule set out in Section 1 hereof shall apply to all water bills issued on or after July 1, 1997 for consumption periods beginning on July 1, 1997 or later. SECTION 6. REPEALER. All Resolutions or parts of Resolutions of the City Council of the City of El Segundo, California, including Resolution No. 3922, in conflict in whole or in part herewith are hereby repealed. SECTION 7. CERTIFICATION. 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 17th day of June, 1997. ATTEST: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney NAWATERWrR- RATE.RSO (6/9/97) S Sandra Jacobs, Mayor of the City of El Segundo, California 0 024 EL SEGUNDO CITY COUNCIL MEETING DATE: April 28, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration of Water Rates and City Council's action on Water Rates at their April 15, 1997 meeting in light of new information received from the West Basin Municipal Water District regarding a potential refund (fiscal impact - $764,606). RECOMMENDED COUNCIL ACTION: 1. Hear staff presentation. 2. Discussion. 3. Take appropriate action. INTRODUCTION AND BACKGROUND: On April 15, 1997 the City Council initiated the process for the possible increase of City water rates by 4.5 %. Since then, the City has been notified that the West Basin Municipal Water District is considering an action which could result in the City receiving an unexpected $764,606 of over collected MWD charges for FY 95/96. DISCUSSION: In the short time staff has had to consider the impact of receipt of this revenue, three (3) possible actions have been identified: Rescind the previously proposed 4.5% and utilize the new funds to meet projected revenue shortfalls. (continued on next page.....) ATTACHED SUPPORTING DOCUMENTS: Water Fund forecast sheets. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: N/A Date: ORIGINATED: ! O, Date: Eduard Schroder Director of Pub is Works REVIEWED BY: Date: James W Morrison City Manager ACTION TAKEN: 0 025 Page 1 of 2 PW- APR28.SOB DISCUSSION: (continued) Discussion: The $764,606 will cover the anticipated revenue shortfalls for approximately 18 months. Based on that information, staff anticipates that the question of water rate increases would be back before the Council during budget discussions next year. At the present time, we foresee the requested rate increase to be approximately 2.5% in 1998 and an additional 2.5% in 1999. 2. Continue with the proposed 4.5% water rate increase and apply the $764,606 to the Water Fund Reserves. Discussion: At the present time, the projected Water Fund Reserves at the end of FY 1996/97 is $1,575,766. With the addition of the returned funds, the new Water Rate Reserve balance at the end of the fiscal year would be expected to be $2,340,372. Placing the funds in reserve increases the City's ability to deal with future issues as they arise. 3. Continue with the proposed 4.5% water rate increase and designate the $764,606 to fund additional Capital Replacement projects. Discussion: This last year the City experienced a water main break on Nash Street south of Imperial Highway. The break was completely unexpected because of the age of the main (installed in 1950) and the fact that we had no history of problems in this part of the City. The investigation into the cause of the break identified graphitic corrosion as the problem. The graphitic corrosion is produced when case iron pipe is set in a clay environment. Staff has determined that there is approximately 1.4 miles of pipe in the area of the break which is subject to the same corrosion. The only way to prevent future failures is to replace the water mains. The estimated cost of replacing all the lines is $865,650. If the Council selects this action, it is anticipated that the replacement be added to the previously proposed replacement program over the next two (2) years. Water Fund forecast sheets have been prepared for each of the actions identified and are attached. Staff is available to answer any questions. 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O c d o 0 d ca rn c� a� � C ca d to t? p m Q (D '0 C 7 7 ' 0 00) _ -0 -) CL WmdQW c c Q CO a a a s �. a a N Q N 0 020 co X H m W a a N Q N 0 020 co X H m W EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: of Continued Public Hearing on FY 97/98 Operating Budget and five Year Capital Improvement Plan and Adoption m ended. Resolutions approving Appropriations Limit, Preliminary Budget as amended, and Capital Improvement Plan as am RECOMMENDED COUNCIL ACTION: a) To open the continued public hearing to receive public input on the operating and capital improvement budgets and then close the hearing. chedules detailing the proposed changes to date to the FY 1997/98 operating budget and the b) To review the attached s FY 1997/2002 capital improvement budget. C) To adopt the Resolution approving and adopting the FY 1997/98 operating budget. d) To adopt the Resolution approving and adopting the Appropriations Limit for FY 1997/98, as presented. e) To adopt the Resolution approving and adopting the FY 1997/2002 capital improvement budget. INTRODUCTION AND BACKGROUND: At its meeting on June 3, 1997, the City Council conducted a public hearing on the FY 1997/98 operating budget and the FY 1997/2002 capital improvement budget. The hearing was continued until June 17, 1997. The City Council also directed staff to make various modifications to those budgets and staff has recommended several changes (see "Changes to Preliminary Budget to Date" attached to this report). Attached are proposed Resolutions related to the adoption of the operating and capital improvement budgets and the appropriations limit for FY 1997/98, for consideration and further modification by Council, if needed. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: 1. Changes to Preliminary Budget to Date. 2. Appropriations Limit Calculation for Fiscal Year 1997/98. 3. Resolution approving and adopting an Operating Budget for Fiscal Year 1997/98. 4. Resolution approving and adopting the Appropriation Limit for Fiscal Year 1997/98. 5. Resolution approving and adopting a Capital Improvement Program for Fiscal years 1997/2002. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: X Amount Requested: Project /Account Budget: Project /Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes X No—This action would appropriate Annual Funds as outlined. ATED: City M EVIEWED BY: James W. Morrison, City Manager ACTION TAKEN: Date: Date: 0 030 CITY OF EL SEGUNDO 06- Jun -97 Og :50:53 AM GENERALFUND SCHEDULE OF REVISIONS TO THE PRELIMINARY BUDGET FISCAL YEAR 1997/98 POLICE: 001 3101 6275 PLANNING DIVISION: 001 2701 6214 Add K -9 Police dog Add General Plan Circulation Element Update BEGINNINGF 'KUrU0cur%rrrwvI��..�,.,'— 30,468,697 14,700 14,700 14,700 30,483,397 45,000 45,000 59,700 30,528,397 0 031 CITY OF EL SEGUNDO SPECIAL FUNDS SCHEDULE OF REVISIONS TO THE PRELIMINARY BUDGET FISCAL YEAR 1997/98 PROP "C" TRANSPORTATION FUND 114 5297 5204 Delete MTA Buy -Down Program AIR POLLUTION REDUCTION FUND 115 0000 6309 Delete Old Vehicle Scrapping - -' ' M 503 5301 6211 Insurance Charges 06- Jun -97 09:50:53 AM CUMULATIVE I RUNNI BEGINNING OPERATING APPROPRIATIONS: $101,178 (11,000) (11,000) (11,000) $90,178 BEGINNING OPERATING APPROPRIATIONS: $20,000 (5,000) (5,000) (5,000) $15,000 BEGINNING OPERATING APPROPRIATIONS: $45,000 (45,000) (45,000) (45,000) S0 0 039 CITY OF EL SEGUNDO 06- Jun -97 09:50:53 AM CHANGES TO PRELIMINARY CIP BUDGET TO DATE FISCAL YEAR 1997/98 TOTAL PER CUMULATIVE RUNNING EXPLANATION OF CHANGE AMOUNT CHANGE JCHANGFTQTAL1 TOTAL CAPITAL IMPROVEMENT PROJECT FUND BEGINNING OPERATING APPROPRIATIONS: $1,081,200 Improvements to Public Parking Lot at Main and Mariposa 19,000 19,000 19,000 $1,100,200 Note: This increase will be offset by the deobligation of $20,000 from the prior year's CIP budget, leaving $1,000 unallocated. 0 033 CITY OF EL SEGUNDO APPROPRIATIONS LIMIT CALCULATION FISCAL YEAR 1997/98 Population % Change Population 1/1/96 16,068 Population 1/1/97 16,255 Increase 187 Inflation Adjustment Factor City Option: California Per Capita Income or Increase in Non - residential assessed valuation due to new construction Option 1 - California Per Capita Income 4.67 1.0467 Growth Factor 1.0116 x 1.0467 = 1.0588 Calculation of FY 1997198 Appropriations Limit 1996/97 Appropriations Limit $36,699,040 Growth Factor 1.0588 1997/98 Appropriations Limit $38,856,944 Appropriations Subject to Limit 1997/98 Appropriations Subject to Limit $25,093,946 1.0116 0 034 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET FOR FISCAL YEAR 1997/98. WHEREAS, the City Manager and the Finance Director of the City of El Segundo, California, have heretofore presented to the City Council of said City a proposed Budget for the above fiscal year; and WHEREAS, the City Council did solicit public input before City Council on Tuesday, June 3, 1997, and Tuesday, June 17, 1997 in the City Hall Council Chambers, at which time said proposed Budget and matters pertaining thereto were heard and considered; and WHEREAS, the City Council has now considered the said proposed Budget as so submitted and all evidence adduced at said public discussion with reference thereto, and has now made all changes and amendments thereto which said City Council up to this time desires to make therein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The original of said Preliminary Budget of the City of El Segundo, California, for the FY 1997/98 as so submitted, amended, modified and corrected and which is now before this Council, be placed on file in the office of the City Clerk of the City of El Segundo, California, and open to public inspection. SECTION 2. The City Council does hereby approve and adopt the said revised Preliminary Budget for the FY 1997/98 as amended. SECTION 3. The City Manager may authorize those budgetary transfers of funds within a department necessary to provide service levels consistent with the intent of the Council adopted budget within categories while continuing to notify Council of all such transfers. However, budgetary transfers between categories, departments or funds in excess of $10,000 require the approval of the City Council. SECTION 4. It is the intent of the City Council in approving and adopting this budget to provide a financial plan for the guidance of administrative personnel in the routine operations of City business and for the information of the general public. Adoption of said budget does not expressly approve expenditures of funds in excess of the purchasing authority of the City Manager as set forth by City Ordinance and State Law. SECTION 5. At the close of the fiscal year, unexpended appropriations in the operating budget will be carried forward to the next fiscal year as necessary to underwrite the expense of 0 035 outstanding purchase commitments and programs. Any budgetary surplus at the end of fiscal year 1996 -97 will be designated as Reserves for continued use in future fiscal years for existing liabilities for compensated absences in the Employee Benefits Designated Reserve. SECTION 6. The Annual Operating Budget for FY 1997/98 so submitted and filed, shall be the budget for the City of El Segundo, California, for said fiscal year. SECTION 7. 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. ATTESTED: Cindy Mortesen City Clerk PASSED, APPROVED AND ADOPTED this 17th day of June 1997. (SEAL) Sandra Jacobs, Mayor City of El Segundo, California APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 036 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 1997/98 WHEREAS, Article XIIIB of the California Constitution provides that the appropriations limit for FY 1997/98 is calculated by adjusting the appropriations limit of FY 1996/97, by changes in either the increase in Nonresidential Assessed Valuation or California per Capita Income, and changes in population; and WHEREAS, the appropriations limit for FY 1997/98 has been calculated by the Finance Department, and WHEREAS, the City of El Segundo has complied with all the provisions of Article XIIIB, in determining the appropriations limit for FY 1997/98; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The appropriation limit for the City of El Segundo for FY 1997/98 shall be $38,856,944. SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter same in the book of original Resolutions of said City; and shall make a Minute of the 0 037 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 17th day of June 1997. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney 2 Sandra Jacobs, Mayor City of El Segundo, California 0 038 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1997/2002 WHEREAS, the Capital Improvement Program Advisory Committee (CIPAC) submitted to the City Council a FY 1997/2002 Preliminary Capital Improvement Program; and WHEREAS, a Public Hearing was held on Tuesday, June 3, 1997, and Tuesday June 17, 1997 to discuss the Capital Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve and adopt the said FY 1997/2000 Preliminary Capital Improvement Program, as submitted by the CIPAC, and amended by City Council. SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a Minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 17th day of June 1997. Sandra Jacobs, Mayor City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 039 CITY OF EL SEGUNDO RECREATION AND PAR16 DEPARTMENT ASSOCIATED RECREATION ACCOUNTS Account Detail: Supplies and Services The best way to summarize an explanation for the ARA accounts would be to recognize that these accounts are for both Supplies and Services for most of the activities offered through the Recreation and Parks Department. (All programs are projected at the annual, maximum capacity for estimation purposes only.) All funds received from Activities listed as "Contractual" are split as follows: 90% = Total Instructor payments (Services) 10% = Misc. ARA/4th of July (pays for fireworks) PROGRAM Adult Contractual/Cultural Adult Contractual/Joslyn Adult Contractual/Sports Adult Contractual/Aquatics Child. Contractual/Cultural Child. Contractual/Sports ACTIVITIES WITHIN PROGRAM Adult contract classes Adult/Senior contract classes Adult sports and fitness contract classes Aquatic team and private lesson instruction Children contract classes Children sports contract classes All other program fees are used for supplies to operate the specific activities within each program. PROGRAM Adult Sports Child. Misc. Cable T.V. Frolic/Fair Misc. Sport Tennis Prog. Sr.Outreach Teen Center Trips/Excursion Garden Program Masters Swim Youth Swim Prog. ACTIVITIES WITHIN PROGRAM Adult Sports Leagues Youth classes Video Class/Video sales Halloween Frolic and Hometown Fair supplies Adult and Youth sport classes Tennis sport classes (separate from other sport classes) Donations for special items for HDM Drivers and clients Fundraiser account by teen volunteers Pays portion of transportation, then reimburses Prop C. Fundraiser account for Garden Club members Fundraiser account by Masters Swim Team participants Fundraiser account by Youth Swim Team participants ( All programs are "in and out" accounts with accumulative balances each year. Summer registration fees are collected in June, prior to all summer expenditures which begin in July). 0 040 CITY OF EL SEGUNDO RECREATION AND PARKS DEPARTMENT TEEN CENTER ACTIVITIES AND PARTICIPATION REPORT JUNE 5, 1997 All El Segundo Teen Center activities are open to El Segundo "teenage" residents. Activities vary from organizes sports, tournaments, tours, fundraiser's, dances and special events to informal pick -up basketball games, air hockey, weight lifting, pinball, pool and socializing opportunities for teens in a supervised atmosphere. Our participation tracking indicated: The Teen Center averages 40 -60 teens per weekday and 70 -90 teens on Friday and Saturday Nights. (Special events, such as the CIF Kick -Off parties, draw approximately 110 -120 participants) . All bus tours are filled to capacity at 46 passenger /participants. Six tours are budget for El Segundo Teens each fiscal year. Several Rooter van trips are scheduled throughout the year serving approximately 30 teens each trip. Four tournaments are scheduled this year: G.A.B.I.T. (Grand Arena Basketball Invitational Tournament) 60 teens participating 2nd Annual Golf Tournament 20 teens participating *Flag Football Tournament 12 teams estimated *Over- the -Line Coed Tournament 15 teams estimated Four Special Event Fundraiser's are planned each year, Hometown Fair, Mayors Breakfast, 4th of July and Halloween Frolic, utilizing 10 -15 volunteer teens for each event. Other special events include Plunge Pool and Holiday parties, theme dances and the Sth Grade Graduation Dance. *It is also a goal to generate interest/involved in the El Porto Beach Clean -Up day this coming year. *New this year cc:W1i.M 0 041 r El Segundo Teen Center Tutoring Program - Fall 1996 Report # of different Teens tutored: 42 Gender make up: 14 boys 28 girls # of tutoring sessions: 23 Total attendance: 230 Average # of Teens per session: 10 * These numbers are comprised of Tuesday & Thurday sessions from September 17th thru December 19th. Name -Age Lisa Wright - 15 Jenny Wagley - 15 Toshihiro Yokayama - 15 Whitney Hancock - 15 Jennifer Swiggum - 15 Diane Busick - 15 Lauren Kuntz - 16 Shannon Murphy - 15 Flaire Roscitto - 15 Jerry Dillon - 17 Imran Nemon - 16 Tiffany Maisonet - 15 Rachael VanHook - 16 Janice Gibbons - 14 Joel Nichols - 17 Andy Garcia - 16 Dustin Wise - 15 Johnny Amato - 16 Alyson Leonard - 14 Sandy Martinovski - 13 Keith Sosebee - 16 Dee Wellfonder - 15 Jennifer Gaines - 17 Valerie Valenzuela - Beth Embry - 15 Corinne Davis - 15 Derek Ernest - 16 Heather Nichols - 16 Ian Vickers - 15 Monica Kline - 15 Ashley Varasso - 14 Kristy Rada - 15 Kelly Killinger - 15 Shanna Gibbons - 14 Erin Murphy - 17 Drago Vaduchev - 17 Jessica Boyce - 17 Alberto Concepcion - Bsam Alwan - 16 Alissa Zambito - 13 Bobby Gaines - 16 Debbie Poor - 17 14 15 0 042 E1 Segundo Teen Center Activity & Attendance Report for 111996" January: 5 Basketball Rooter Bus - Redondo Beach 13 6 Air it Out Tournament & Rooter Bus 20 10 Challenge Day - ESMS (1 leader) 19 Basketball Rooter Bus - South Torrance 25 February: 9 Valentines Day Dance - (6 -9th) 176 12 Ski Trip - Bear Mountain 42 14 Basketball Rooter Bus - St. Bernards 27 March: 8 Friday Night at the Movies 16 12 Tutoring Program begins T & Th 14 Taco Bell Feast 12 April: 5 Mayor's Breakfast - REACT 20 5 Easter Dance - (6 -9th) 112 6 All -Star 7 &8th Grade Basketball Party 13 May: 4 Hometown Fair Pizza Booth - REACT 20 24 Varsity Baseball CIF Party 18 June: 8 Medieval Times Trip - REACT 31 20 8th grade Graduation Dance 178 July: 4 4th of July Pizza Booth - REACT 20 4 REACT 4th of July Party 71 24 American Legion at Blair Tournament 11 31 1st Annual Stroke & Hope Golf Touurney 13 August: 12 GABIT Basketball Tournament 36 20 REACT Trip to Disneyland 46 24 GABIT BBQ & All -Star Game 40 September: 12 Varsity Football Team Meal 45 12 Football Rooter Bus - Oak Park 13 13 Back to "HIGH SCHOOL" Dance - (9 -12th) 160 17 Tutoring Program Begins T & Th 18 Babe Ruth All -Star Pizza Party 30 20 Varsity Football Team Meal 45 j, 20 Football Rooter Bus - Laguna Beach 25 27 Varsity Football Team Meal 45 October: 4 Varsity Football Team Meal 45 4 Football Rooter Bus - Redondo Beach 20 11 Varsity Football Team Meal 45 18 Varsity Football Team Meal 45 18 Football Rooter Bus - Mira Costa 25 31 Halloween Frolic Pizza Booth - REACT 20 31 REACT Halloween Party 60 November: 1 Varsity Football Team Meal 55 8 Varsity Football Team Meal 55 9 Homecoming Video & BBQ 20 14 Waterpolo Rooter Bus - E1 Camino (CIF) 15 15 Football & Cheerleader Social 95 16 Wrestling Season Kick Off Party 35 19 Waterpolo Rooter Bus - La Canada (CIF) 16 22 CIF Party for Waterpolo & Volleyball 60 23 Waterpolo Rooter Bus - El Camino (CIF) 16 December: 20 REACT Christmas Party 71 0 043 Youth Counselor: Provides psychological services for youth and counseling and referral their families. ESHS Counselors: Provide educational counseling; assistance and testing for those with learning disabilities or other disabilities which impact learning. (When students are diagnosed without a learning disability, ie. Serious Emotional Disturbances: depreession, school phobia, unable to associate with peers or adults, an orthopedic handicap or mental retardation, they are referred to our counselor for an assessment. Only those in school can be addressed by the district counselors.) Youth Counselors schedule: Monday &_ Tuesday - 12 - 3pm (20 hrs. per week) Wednesday & Thurs. - 10 - 3pm Friday - 9 - 1 pm To Date: 86 individuals, (youth and family members) have obtained counseling services. FUNDING: Approximately 340 -350 referrals have been made regarding the followoing services: - Client intakes /assessments (initial service) - Referrals to outside services, (parent counseling, rehab. or special counseling programs) - Drop -in's for information/counseling - Crisis intervention Contractual Services Youth Counselor 27,000 SBYP Participation 4,400 31,900 Professional Technical 6,650. Sequence for payments: 1. First series of 10 sessions paid out of SBYP Participation 2. Second series of 10 sessions paid out of Prof. Tech. account 3. Third series, up to 15 session paid out of SBYP Participation (A maximum of 35 visits per year are offered. Services maybe recommended under extenuating circumstances, which require a 3 week waiting period before resuming the above sequence again.) *Counseling sessions are estimated very conservatively at $30 per hour. Estimate 86 individuals receiving 10 sessions at $30 per hour = $25,800. (City pays $11,050. CDBG allocation is $11,000. which totals $22,050.) 1 1� � CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE DATE: June 11, 1997 TO: Honorable Mayor and Members of the City Council FROM: Jim Fauk, Recreation and Parks Director e�2- /10-Z SUBJECT: FARMERS' MARKET RESEARCH FIRST YEAR BUDGET ........................... $ 20,700 CONSULTANT TO SET -UP MARKET ..... $ 3,000 A certified farmer's market is a place where genuine farmers sell their crops directly to the public. More specifically a certified farmer's market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those certified agricultural products they grow themselves. Certification is also required for fresh fruits, nuts, vegetables, eggs, honey, flowers and nursery stock. The California Department of Food and Agriculture recommends allowing eight to a twelve -month period from the initial planning process to opening day of the market. A typical organizer guide would include: ORGANIZER'S GUIDE (California Department of Food and Agriculture) Make inquires locally to see if there is consumer interest. Investigate potential supporting and /or sponsoring agencies. 2. Begin making grower contracts. 3. Get your publicity campaign started. Write a press release concerning your intentions to let the community know what is happening. Build Communications with key individuals and organizations. 4. Call a preliminary meeting of all interested people, further explaining the concept of certified farmers' markets. If possible, establish working committees at this time. 5. Make contact with state, county, and city officials involved in the market. Inform them of your intent and invite them to your next meeting. 1 0 045 6. Schedule a second general meeting. Discuss the group's progress and examine any problems. 7. Take stock of the grower situation. Call a special grower meeting. 8. Call third general meeting. Finalize location, opening day and publicity. 9. Call a second grower meeting. Reconfirm opening day based on crop availability. 10. Obtain all permits, such as business licenses, insurance policy, a health permit, zoning compliance, fire a safety certificate, lease agreement certification, etc. 11. Make final preparations for opening day: Remind media by issuing a press release, finish and distribute opening day posters and flyers, and double check produce availability with growers. 12. THE BIG EVENT: OPENING DAY! The following information was provided to us by Mary Lou Weiss, Farmers Market Consultant, who is the full time market supervisor for the City of Torrance. 1. Should conduct a community survey to determine the level of support for a market. 2. Markets should be more of a community service rather than a profit motive business. 3. Often takes three years to really establish a successful market. 4. Parking and visibility very important. 5. Contact with farmers is very important. An example would be actually visiting their farms. 6. Most markets charge farmers 6% of gross and this is done on the honor system. 7. Good to have storage area at the site. 8. Need a market coordinators for 20 hours per week, at a wage of $10 to $15 per hour. 9. Consultant services to plan and open new market $3,000. 10. If planning started the first of July, on a fast track market could open in the fall. 2 0 046 CERTIFIED FARMERS MARKET FIRST YEAR OPERATING BUDGET Market Manager (1,040 hours at $12.50 per hour ) ............................. $13,000 Miscellaneous Part Time Staff ............................. ............................... 1,000 Advertising and Promotion ................................... ............................... 2,500 OfficeSupplies ..................................................... ............................... 700 Postage .............................................................. ............................... 500 CopyingCharges ................................................ ............................... 800 Permits and Certifications ................................... ............................... 1,000 Mileage............................................................... ............................... 200 TOTAL $20,700 ** This budget was compiled by using information from Farmers' Market Consultant and California Department of Food and Agriculture. * ** Farmers' Market will also require assistance from city departments such as Finance Department, Parks Division and Public Works . The cost for set -up and take down of the market may require overtime from the Parks Division and Public Works, depending on what day and time the market is held. JF:mt Farmers Market. CC 3 0 047 EL SEGUNDO CITY COUNCIL ... &Ir%A 1Te.■ eTeTFMFNT MEETING DATE: 17 June 1997 AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Continued Public hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Sepulveda Boulevard Building Heights, 2) Drive - thru's, 3) Residential Heights, and 4) TDB's- Transfer of Development Rights,); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Development Rights (TDB's). RECOMMENDED COUNCIL ACTION: 1) Hold Continued public hearing; 2) Discussion; 3) Direct Staff to draft Ordinance consistent with Planning Commission Recommendations or consistent with alternate City Council direction; and, 4) Schedule introduction and first reading of Ordinance on July 1, 1997. INTRODUCTION AND BACKGROUND: On June 3,1997, the City Council held a Continued public hearing (from May 6 and 20,1997) on the proposed General Plan, Zone Text, and Zoning Map Amendments, reviewed the proposed amendments, took action to approve several of the proposed revisions and introduced an Ordinance for first reading approving the amendments. On May 20, 1997, the Council also requested additional discussion on several of the proposed revisions and continued those items to a public hearing on June 17, 1997. ATTACHED SUPPORTING DOCUMENTS: 1. Draft General Plan Amendments, Zoning and Subdivision Code Text Amendments and Zone Changes, dated June 17, 1997 - Exhibits 1 through 4. 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_ 0 048 GPA/ZTA/ZC City Council Staff Report June 17, 1997 ADDITIONAL INFORMA_T__I.9ll: The Planning Commission is scheduled to adopt a Resolution on June 12, 1997 recommending approval for the second quarter General Plan Amendments, Zone Text Amendments and Zone Changes (EA -408, GPA 97 -2, ZTA 97 -2, ZC 97 -2). The Planning Commission's recommendations will be forwarded to the City Council shortly after the required environmental documentation is prepared. The City Council public hearing for the second quarter items is tentatively scheduled for the end of July. DISCUSSION: On May 20, 1997, the consensus of the Council was to accept most of the Planning Commission's recommendations to approve revisions to the General Plan and Zoning Code with respect to Subdivision Extensions, SHSP Height Bonus, Service Stations/Automobile Services, MU North and South, Architectural Landscape Features, Initiation of ZTA/GPA, Planning Commission Appeals, Golf Course, Video Arcades, Edison Right -of -Way (Change from OS to MM Zone), and Wireless Communication Facilities (GPA only). The Council introduced first reading separate , The second reading and adoption of Ordinance No 1272 is also scheduled for June 17, 1997, as a act on from the Continued public hearing for the four items discussed below. The Council decided to hold over the discussions of SHSP Parking and Wall Heights until the City Council reviews the second quarter General Plan and Zone Text Amendments. The Council also directed Staff to continue the discussion of Sepulveda Height, Drive Thru's, Residential Heights, and TDR's - Transfer of Development Rights to the June 17, 1997 City Council meeting. The following discussion provides a brief background of each of the four proposed Amendments, together with a discussion and analysis of the various options which the Planning Commission discussed and the final recommended changes. A brief summary of the Planning Commission's recommendations is shown at the beginning of each subject in bold type. Several of the proposed amendments may require multiple amendments such as a General Plan Amendment (GPA), Zone Text Amendment (ZTA), and Zone Change (ZC); and, therefore they have been organized so that there is only one discussion for each item to avoid duplication. Each proposed amendment also has multiple redline /strikeout exhibits associated with it. Each exhibit has been labeled with a header to easily cross - reference the exhibit to the appropriate proposed Amendment. 1, c�gpulveda Heights - Revise height limits along Sepulveda corridor and east of Sepulveda Boulevard from 200 foot limits to 150 -200 feet, depending on distance of building east of Sepulveda Boulevard (ZTA). (Exhibit 1) The subject of height limits east of Sepulveda Boulevard and along the Sepulveda Boulevard corridor was previously reviewed by the Planning Commission in 1996 as part of the last series of Zone Text Amendments (EA- 376A). The City Council (seated at that time) did = come to a consensus at that time on the height amendments and referred them back to the Planning Commission for further evaluation and recommendations. During the processing of the 1996 Code Amendments, Staff presented revisions to the height limits east of Sepulveda Boulevard which would have reduced height limits from 200 feet to 150 feet between Sepulveda Boulevard and Continental/Lairport Streets. Between Continental /Lairport Streets and Nash Street, height would have been reduced from 200 feet to 175 feet. Height limits east of Nash Street would have been permitted to increase from 175 feet to 200 feet. The purpose of the tiered height limit was to gradually decrease height limits and the associated visual impact of development on the residential neighborhood as one got closer to Sepulveda Boulevard. The previous proposal would have placed a 200 foot height limit adjacent to the residential areas of Del Aire in Los Angeles County, east of Aviation Boulevard. The current standards allows a 175 foot height limit in the MU Zone and 200 foot height limits in the other zones east of Sepulveda Boulevard. Staff was asked by the City Council to examine height from the perspective of the existing topography to determine if height limits could be based on some reference datum, such as the elevation of Sepulveda Boulevard above sea level, to determine if buildings of a certain height above this reference datum would be visible from areas west of 0 049 GPA/ZTA/ZC City Council Staff Report June 17, 1997 Sepulveda Boulevard. Using topographical maps, which are still accurate enough for this study, Staff has prepared a graph which depicts relative elevations throughout the City. The City generally increases in elevation gradually from Aviation Boulevard to Sepulveda Boulevard and then becomes much more varied with steeper hills east toward Main Street. Since most land east of Sepulveda Boulevard is lower than the residential areas, the impacts of future building heights east of Sepulveda should be minimized by virtue of beginning at a lower elevation. Staff believes that using a reference datum which is some distance from the location of the construction project could pose difficulties during the plan check review process because the exact height of the property in relation to the reference datum would have to be verified and this would likely require a survey to be conducted for each and every project. At the Planning Commission meeting on January 23, 1997, the Commission reviewed the subject of height limits east of Sepulveda Boulevard and along the Sepulveda Boulevard corridor. Staff was requested to research any Federal Aviation Administration (FAA) regulations which would impact height limits east of Sepulveda Boulevard. The FAA indicated that there are no specific height limits for buildings near the Los Angeles International Airport (LAX). Instead, the FAA reviews each building on a case -by -case basis to determine if that specific building will have an impact on aircraft operations. The FAA then issues an airspace determination which approves the height for the particular building. However, FAA regulations also indicate that a building within three (3) nautical miles to the south of LAX with a height above 200 feet could be considered an obstruction by the FAA. Staff is not aware of any building in El Segundo which has been judged to be an obstruction by the FAA. Thus, based on the most recent information from the FAA, FAA regulations should not be a constraint on height limits east of Sepulveda Boulevard. The Commission consensus was to not pursue the use of an off -site reference datum to determine the elevation from which to measure height; in part because the Commission did not want a height standard which might result in future buildings all having the same height or a skyline with overly uniform heights. The Commission preferred requirements which were based on the existing topography and thus would encourage buildings to have varying height even if all buildings were built to the maximum allowed height. Therefore, Staff again recommended the use of the height limits presented during the processing of the 1996 Code Amendments. Staff presented revisions to the height limits east of Sepulveda Boulevard which would have reduced height limits from 200 feet to 150 feet between Sepulveda Boulevard and Continental /Lairport Streets. Between Continental /Lairport Streets and Nash Street, height would have been reduced from 200 feet to 175 feet. Height limits east of Nash Street would have been permitted to increase from 175 feet to 200 feet. The previous proposal would have placed a 200 foot height limit adjacent to the residential areas of Del Aire in Los Angeles County, east of Aviation Boulevard. The current standards allow a 175 foot height limit in the MU Zone and 200 foot height limits in the other zones east of Sepulveda Boulevard. The Commission consensus was to recommend revisions to the Zoning Code consistent with recommendations of Staff, as described above. 2. Drive - thru's - Prohibit drive -thru restaurants in the C -RS, C -2 and C -3 Zones west of Sepulveda Boulevard and require a Conditional Use Permit in other areas (GPA, ZTA). (Exhibit 2) The City Council requested that the General Plan and Zoning Code be revised to encourage drive -thru restaurants in zones where the City will consider approving the use, and discourage them in all other zones. Council expressed concerns regarding the potential impacts, due to significant noise, lighting, odor, emissions, traffic, litter, crime, etc., of drive -thru restaurants on nearby residential properties. Drive -thru restaurants are defined in Section 20.08.335, and they are currently allowed in all Commercial and Industrial Zones with approval of a Conditional Use Permit (Chapter 20.74). Prior to 1993, drive -thru restaurants, considered as an outdoor -use, were prohibited in all Commercial and Industrial Zones. The 1993 Zoning Code update provided more flexibility in its interpretation of permitted uses, and the C -3 Zone (Section 20.33.060 Al) was revised to permit "outdoor restaurants, cafes or seating areas; outdoor retail activities customarily conducted outdoors, including but not limited to, lumber yards and nurseries...". The Council expressed concerns that this Code section, along with the flexibility of the Code through the Administrative Determination process, could be interpreted to allow drive -thru restaurants as a permitted use. On April 2, 1996, the City Council adopted Ordinance No. 1251, as an Urgency Ordinance, requiring a Conditional Use Permit for all drive -thru restaurants in all Commercial and Industrial Zones. On June 18, 1996, Ordinance No. 1257 was adopted which permanently codified the requirements for a Conditional Use Permit for drive -thru restaurants. The Commission reviewed the three following potential approaches to encouraging and discouraging drive -thru restaurants in particular zones: 0 050 GPA/ZTA/ZC City Council Staff Report June 17, 1997 1) Prohibit drive - thru's in certain zones, such as the C -RS, C -2 and C -3 (west of Sepulveda Boulevard) Zones, and to require a Conditional Use Permit for drive - thru's in the other Commercial and Industrial Zoning Districts. The majority of the C -RS, C -2 and C -3 Zones are immediately adjacent to Residential Zones. This approach would most directly regulate the potential impacts of drive - thru's by prohibiting them in the majority of areas that may impact residential uses. 2) Prohibit drive - thru's located within a certain distance, 100 to 500 feet, of all Residential Zones. This approach would limit, but not prohibit, drive - thru's in the Downtown (C -RS Zone) area and allow them on the west side of Sepulveda Boulevard generally north of Sycamore and south of Holly Avenues. A Conditional Use Permit would still be recommended for all zones outside of the 100 -500 foot prohibition radius. 3) Develop performance standards or criteria that the Planning Commission could use to evaluate the impacts of any proposed drive -thru restaurant. Staff has researched several other cities' drive -thru restaurant regulations. Some cities (such as Sierra Madre, South Pasadena, Rolling Hills, Rancho Palos Verdes and San Luis Obispo) totally prohibit drive - thru's citywide, where others prohibit the use in certain zones, or in combination with residential uses, and allow the use in other zones with a Conditional Use Permit. None of the cities contacted allowed drive -thru restaurants as an outright permitted use. One of the cities contacted (Santa Monica) has specific criteria, in addition to the Conditional Use Permit findings, such as prohibiting restaurant operations located adjacent to residential areas to operate between 10:00 pm and 7:00 am, minimum lot size, minimum driveway size and vehicle stacking /waiting area, parking and circulation plan approval, refuse storage, litter control within 300 feet, equipment location, maximum decibel (noise) levels, and minimum distance requirements for the drive -thru speaker. The recommendation of the Commission is to prohibit drive -thru restaurants in the C -RS, C -2 and C -3 Zones west of Sepulveda Boulevard and continue to require a Conditional Use Permit for drive -thru restaurants in all other zones. Sections 20.31.040, 20.32.040 and 20.33.040 have been revised to reflect this change and Sections 20.31.050, 201.32.050, and 20.33.050, Prohibited Uses, have been added to the C -RS, C -2 and C -3 Zones to specify that drive - thru restaurants are prohibited in these zones west of Sepulveda Boulevard. A new General Plan Land Use Policy LU -1 -5.9 (Exhibit 2 -Page 1 of 1) is also recommended by the Planning Commission to implement the City Council's direction to encourage and discourage drive -thru restaurants in certain zoning districts in order to minimize impacts to nearby residential uses. However, Staff recommends the Council defer adoption of the General Plan Amendment for Drive - thru's until the next set of General Plan Amendment are reviewed by the Council in order to minimize the number of General Plan Amendments processed in one year, as only four are allowed per calender year. This would be the second General Plan Amendmentof the year because this item -along with TDR's - have been separated from the remainder of first quarter's General Plan Amendments and three more amendment 'packages' are planned for this year. 3. Residential Heights - Investigate alternatives and develop new standards for measuring residential structure heights (ZTA). (Exhibit 3) The City Council directed Staff to review different methods for measuring the height of residential buildings and structures. The Zoning Code definition of building height, which is used for residential as well as commercial and industrial buildings (Section 20.08.185), is taken directly from the Uniform Building Code (UBC) and measures height from the highest point of a flat roof or the average height of the highest gable of a pitched or hipped roof to finished grade within a 5 -foot horizontal distance of the exterior wall of the building. If there is a difference of more than 10 feet between the highest finished grade and the lowest finished grade around the building, height is measured from a reference datum 10 feet up from the lowest finished grade. The Zoning Code (Section 20.08.185) contains illustrations to help explain the definition. This definition was adopted in 1993 as part of a comprehensive Zoning Code update in order to provide consistency between the Zoning Code and the UBC so property owners and developers could use one standard that was already familiar to them. Because the definition measures height to the average height of a sloped roof, which is most common in residential construction, the maximum height limit was reduced from 30 feet to 26 feet in order to maintain approximately the same height limit even though the definition changed. Prior to 1993, height was measured from the top of a roof to natural (existing) grade on any point on the lot. This was difficult to 0 C5 GPAIZTA/ZC City Council Staff Report June 17,1997 apply, particularly on sloped lots, because it was not easy to determine where the natural grade on a property was, particularly without requiring a survey of the property. Staff has researched the methods of determining height in several different cities and found there are many different methods of determining height, some of which are simple and some of which are much more complicated. Attached are the definitions of height and the associated definitions of grade from various cities. All but two of the cities surveyed measure height to the highest point of the roof. Portland uses a slightly different version of the UBC definition currently used in El Segundo. The use of existing or finished grade is also an important part of measuring height. Some jurisdictions use existing grade in order to prevent properties from being built up through grading, thereby creating a higher pad on which to build. Some communities also use averaging of various points of existing grade on a property to create a reference datum from which height will be measured. Typically, the elevations at the corners of the property, or a line bisecting the center of the property, are used to create the reference datum. Height can also be measured from the top of curb or even the midpoint of the facing street. The use of finished grade in measuring height has the advantage of not having to determine the natural, or existing grade of a property, which is most accurately done with a survey, and the City Council's policy has been to not require a survey for residential construction. Finished grade typically does not have to be verified with a survey because the grade is apparent when construction and grading is completed. On March 6, 1997, the Planning Commission reviewed different methods for measuring the height of residential buildings and structures. Base on that review, the Commission recommends revising the definition of building height, which is used for residential, as well as commercial and industrial buildings (Section 20.08.185). The revised text reflects the Commission's recommendation to retain the point at which the height is measured - namely the highest point of a flat or mansard roof or the average height of the highest gable of a pitched or hipped roof. The grade from which building height is measured has been amended to replace finished grade, as defined by the Uniform Building Code, with the existing grade at the time of original construction. This revision would prevent an unfair height advantage being gained by the filling of a lot to create a higher pad on which to build. The revised definition returns the point at which grade is measured to that which was in effect prior to the 1993 Zoning Code update which introduced finished grade. The Commission also recommends revising the definition of building heights to place a maximum height that the ridge of a gable, pitched, or hipped roof may extend above the height limit by 6 feet which would still permit the use of a sloped roof on top of a two story house while ensuring adequate light and air would be available to neighboring properties. 4. TDB's - Transfer of Development Rights - Establish very limited General Plan and Zoning Code provisions for the Transfer of Development Rights (TDB's) (GPA, ZTA). {Exhibit 4) In February 1996, Hughes Electronics submitted applications for a General Plan Amendment and Zone Text Amendment, to allow the Transfer of Development Rights (TDB's). The Planning Commission discussed the proposed revisions on February 22 and 29, March 7 and 14, 1996; and, on March 14, 1996, the Commission adopted Resolution No. 2378 which approved the General Plan Amendment (EA- 377 /GPA 96 -1) for TDR's with the recommendation that a new Policy (Policy LU 5 -4.1) be added to the General Plan to "Develop guidelines for permitting Transfer of Development Rights (TDB's) with clearly identified public benefit objectives." On the other hand, the Planning Commission did not approve the Zoning Code language which would have set out the procedures under which the TDR's could be approved. The Commission expressed concern that there was no clearly defined public benefit which would be gained by the TDR language as proposed and that further study was necessary before the TDR requirements should be adopted. The Planning Commission recommendation was forwarded to the City Council at its March 18, 1996 meeting. The Council discussed the proposal, expressed concerns similar to those of the Planning Commission, continued the public hearing to meetings throughout the months of March to June 1996, then closed the public hearing; taking no final action on the application. With this new set of amendments initiated by the City Council in December 1996, the proposal was returned to the Planning Commission for its reconsideration, and the Planning Commission does recommend the adoption of very narrow provisions to allow Transfer of Development Rights. 0 052 GPA/ZTA/ZC City Council Staff Report June 17, 1997 TDB's would allow a property to increase its building square footage by purchasing allowed building square footage from another site. There would be no net increase in the allowed building square footage, just a transfer of that square footage from one property (donor site) to another (receiving site). The following key provisions of the proposal, as drafted by the City Attorney and Staff, which address the previous concerns of the Council, Commission, and Staff, have been incorporated into the proposed TDR Zone Text Amendment: a) The purpose of Transfer of Development Rights is to reduce the impacts of the potential increased development on properties west of Sepulveda Boulevard and allow new development east of Sepulveda, while minimizing traffic impacts and maximizing public benefit. b) The properties involved in the transfer must be under common ownership. C) Transfers would only be allowed from donor sites west of Sepulveda Boulevard, from the C -3 and CO Zones, to receiving sites east of Sepulveda Boulevard, to the C -3, CO, MU -N, MU -S, and M -1 Zones. Transfers between parcels east of Sepulveda Boulevard would be prohibited. d) Transfers of FAR would only be permitted = of the area west of Sepulveda Boulevard, not into these areas. e) The total square footage of transfers may not exceed 10 percent of the total buildout square footage for each zone, as specified in the General Plan Summary of Buildout (Exhibit LU -3). This provision would ensure consistency within the established General Plan land use balance. f) A minimum net floor area of 25,000 square feet may be transferred. g) The new floor area must conform to all requirements of the Zoning Code, except FAR, for the receiving site. h) Receiving sites may not abut or take access off of Sepulveda Boulevard. 1) The donor and receiving sites must be located in the same Traffic Analysis Zone (TAZ) and all potential traffic impacts associated with the proposed TDR must be evaluated and mitigated. j) The TDR would require approval of a Transfer Plan by the Planning Commission through the Public Hearing process, noticed to all property owners within 300 feet of both the donor and receiving sites, with the decision appealable to the City Council. k) The Transfer Plan must indicate the proposed uses for both the donor and receiving sites. 1) The Transfer Plan must compensate for any potential impacts such as aesthetics, noise, smoke, dust, fumes, vibrations, odors, traffic and hazards. M) The Transfer Plan must provide a public benefit such as improved traffic circulation, open space, recreational facilities, landscaping, pedestrian access or other public benefit. n) The Transfer Plan must be consistent with the General Plan. o) A covenant detailing the TDR approval and conditions must be recorded on both the donor and receiving sites. P) The covenant shall lock in the FAR's at the time of the approval of the Transfer Plan, however the owner could apply for a subsequent amendment. q) A Title Insurance Policy in an amount equal to the value of the Net Floor Area (NFA) being transferred is required. 0 053 GPA/ZTA/ZC City Council Staff Report June 17, 1997 The provisions as proposed would severely limit the amount of square footage that could be transferred. Hughes has approximately 146,000 square feet of potential transferable square footage west of Sepulveda Boulevard and Development Rights cannot be transferred into the Sepulveda corridor, which will encourage new development in areas less impacted by traffic. In order to ensure that the General Plan Land Use Element balance is maintained, the Planning Commission requested that Staff develop the following scenario. Hughes Electronics property located west of Sepulveda Boulevard at 1700 East Imperial Avenue is in the CO Zone which has a maximum total buildout (for the entire CO Zone) of 12,351,000 square feet. The Hughes property is 419,918 square feet in area, the Zoning Code allows a maximum building area of 335,935 square feet (419,918 x 0.8), the existing building square footage is approximately 190,000 square feet and the maximum allowable additional square footage on the site is 145,935 (335,935 - 190,000). This square footage equals approximately 1.18 percent of the total buildout square footage of the CO Zone. This is the maximum square footage that Hughes could transfer, and their representatives have stated to Staff that they anticipate the square footage would be transferred to their satellite facility east of Sepulveda Boulevard, which is located in the buildout 1 of Sepulveda Boulevard would add approximately 0.79% to the total square footage of the Zone, which is 18,529,000 square feet. In response to the Planning Commission's questions regarding why Title Insurance is required, the City Attorney advised Staff that this clause would protect the City in case the Transfer Plan is not properly recorded. If the plan is not recorded properly, a new owner purchasing a donor site may not be aware that they will not be permitted to build to the density allowed in the Zoning Code. If this happens, the Title Insurance would then cover any potential legal costs incurred due to litigation and the City would not bear that expense. Additionally, the Title Insurance Policy will ensure that both donor and transfer site properties are under common ownership, which is a requirement of the provisions, and there is no "cloud" on the Title with respect to property ownership. The Planning Commission also discussed establishing an overall plan or vision for specific sites of public benefit and providing incentives for historic preservation by encouraging those sites to become donor sites. Both of these suggestions are beyond the scope of this proposed Transfer of Development Rights Amendments, which is a Zone Text Amendment request from Hughes Electronics and the provisions are very focused and limited in the type and volume of transfers which may be permitted. A future amendment to the Transfer of Development Rights provision may be initiated to expand the provisions to address these issues, if the City Council directs Staff to do so. For the same reasons as was discussed for the General Plan Amendments for Drive - thru's, Staff recommends that consideration of the General Plan Amendments for TDR's (Exhibit 4 - Page 7 of 7) be deferred until the Council takes up the review of the next set of General Plan Amendments, which are currently being reviewed by the Planning Commission. The Planning Commission and Staff believe that the proposed Amendments, allowing the Transfer of Development Rights (TDB's), address the concerns previously raised by the Planning Commission and City Council. ENVIRONMENTAL REVIEW An Initial Study/Negative Declaration of Environmental Impacts was prepared to evaluate the potential impacts which may be caused by the proposed regulations. The Draft Initial Study / Negative Declaration of Environmental Impacts was previously distributed to the Council on May 20,1997. Planning Staff recommends that the City Council adopt the Negative Declaration of Environmental Impacts which indicates there will be no environmental impacts associated with the project. p:\zoning\ea405\ea-405-4.ais 0 054 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -11997 DRAFT SEPULVE 17, A HEIGHTS - EXHIBIT 1 EPUL TIONAL /AIRPORT CENTURY (1 -105) FRWY 7 S AYE aO Ml ' " 1 S0, AA AVi z a p I so % S I 11S' z �y Ave G P 50 •Ve :. f• 7 6'OSA Ave – cs ISO' r 7 c A ; so, 0 •t..• N R...... caANo tA FRANKUN AYE r � - t 1a OS PF Fes' O3 Z ' Page 1 of 5 +1e TH sr_ _ 11 a 1H ST. / It TM n. ,20 7� sT LOS ANGELES COUNTY +1. TN 5' P P–F 11 III t 1. ?_- PF I UTAH AVe 11135 TIH ST. "KA AVE I CITY OF HAWTHORNE Z 'Sy F U~ ! 0 055 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 DRAFT AMENDMENTS - JUNE 17, 1997 SEPULVEDA HEIGHTS - EXHIBIT 1 HEIGHT LIMITS EAST OF SEPULVEDA CHAPTER 20.33 GENERAL COMMERCIAL (C -3) ZONE Section 20.33.060 SITE DEVELOPMENT STANDARDS. Section 20.34.060 C. Height East of Sepulveda Boulevard: Page 2of5 No building, S��Q 396 feet maximum. West of Sepulveda No building or structure shall exceed Boulevard: 45 feet. If the subject property abuts residentially zoned property, no building or structure shall exceed 40 feet. � d a: O West of Sepulveda Boulevard SITE DEVELOPMENT STANDARDS. East of Sepulveda Boulevard C. Height No building shMI exceed 2 .. 150 feet L East of Sepulveda Bo _ 1 !!d Col]tilie Aviatign Boulevard, 175 feet maximum hgwgen CoglimmW 2, West of Sepulveda No building or structure shall exceed 45 Boulevard: feet, if the subject property abuts residentially zoned property, no building or structure shall exceed 40 feet. 0 056 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 DRAFT AMENDMENTS - JUNE 17, 1997 SEPULVEDA HEIGHTS - EXHIBIT 1 Section 20.36.060 U C in aH� a N O West of Sepulveda Boulevard East of Sepulveda Boulevard SITE DEVELOPMENT STANDARDS. C. Height ;L North of El Seeundo Boulevard. Page 3of5 0 057 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 DRAFT AMENDMENTS - JUNE 17, 1997 SEPULVEDA HEIGHTS - EXHIBIT 1 En n CHAPTER 20.40 LIGHT INDUSTRIAL (M -1) ZONE Section 20.40.060 SITE DEVELOPMENT STANDARDS. C. Height L North of El Seeundo ? South of El Seeundo $oulevard• 1.1 to - "- •i.0 • P•,P, .l W41 Page 4 of 5 0 058 LO 4- 0 LO 0 rn Cc$ CL J W W J Q W N W O m Q W W LL. v Z O Q m >>C w r�LL! U ah--H W � w 0 cn C�MW �Z= a 0 CLa> O J Q cr. W W Im W ai Q > a j d a ai >a > v° Q$Y G> C ld C 4) M C CO C td C OOtOC)�CpN�OQOiOCO�CODtp�tCONOO 0 059 EA- 405 /G PA 97 -1 /ZTA 97 -1 /ZC 97 -1 DRAFT AMENDMENTS - JUNE 17,1997 DRIVE -THRUS - EXHIBIT 2 Page 1 of 1 Policy LU1 -5.9 Develop standards to address the potential impacts of drive -thru restaurants on residential uses. General Plan Land Use Element Page 3 -21 USES SUBJECT TO A CONDITIONAL USE PERMIT 20.31.040 Downtown Commercial (C -RS) Zone 20.32.040 Neighborhood Commercial (C -2) Zone USES SUBJECT TO A CONDITIONAL USE PERMIT 20.33.040 General Commercial (C -3) Zone PROHIBITED USES 20.31.050 Downtown Commercial (C -RS) Zone 20.32.050 Neighborhood Commercial (C -2) Zone 20.33.050 General Commercial (C -3) Zone zoning \ea - 405 \exhibits\d rive- thru \dhve.cc EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 2 of 4 DRAFT AMENDMENTS - JUNE 17, 1997 RESIDENTIAL HEIGHTS - EXHIBIT 3 DEFINITIONS OF BUILDING HEIGHT "Building height" or "height" shall mean the vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this chapter (see illustration below). "Grade, existing" shall mean the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a construction project. "Grade, finished" shall mean the finished surface elevation of the ground or pavement at a stated location after the completion of a construction project. "Building height" is the vertical distance measured from the average natural grade to the highest point of the roof. However, in connection with development projects in the Ocean Park Districts, building height shall be mean the vertical distance measured from the theoretical grade to the highest point of the roof. "Grade, average natural" the average elevation of the ground level of the parcel surface in its natural state as measured at the intersection of the rear and front setback lines (if any) with the side setback lines of the parcel. For parcels with a grade differential of 12.5 feet or more, as measured from either any point on the front setback line to any point on the rear setback line, or from any point on a side setback line to any point on the opposing setback line, average natural grade shall be calculated on three equal segments of the parcel created by drawing imaginary lines connecting opposite parcel lines at the intersection of the rear and front setback lines (if any) with the side setback lines at one -third increments of the depth of the parcel from the rear to the front setback (if any). This height calculation method shall be optional for parcels with less than a 12.5 -foot grade differential. "Grade, theoretical" an imaginary line from the midpoint of the parcel on the front property line to the midpoint of the parcel on the rear property line, from which height calculations in the Ocean Park District are measured. "Height of a building" or "height of a structure" is the vertical distance measured from all points on top of the structure or any of its appurtenances to grade directly below. "Grade" is the elevation of the surface of the ground of a premises, pre- existing or finished, whichever is lower in elevation. "Pre - existing grade" is the ground elevation of a premises which existed prior to modifications for development or redevelopment. Reference to grade on adjacent properties may be utilize to assist in establishing pre- existing grade when the presence of said grade is not readily apparent on the subject premises. "Finished grade" is the elevation that will exist when all cut, fill or improvements, including but not limited to, pathways, pavements, hardscape or landscaping, are complete. 0 062 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 3 of 4 DRAFT AMENDMENTS - JUNE 17, 1997 RESIDENTIAL HEIGHTS - EXHIBIT 3 "Height of building" means the vertical distance between average top of curb and to the highest edge of a gable, hip or shed roof or top of parapet. Building height shall apply to not less than ninety -five percent of the total roof surface; the remaining five percent may project not more than ten feet above top of parapet and may only be used for enclosing elevators, mechanical penthouses, solar structures, antennas or other equipment. "Grade" means the average of the existing ground level at the center of all walls of a building. In case walls are parallel to, and within five feet of, a sidewalk, the ground level shall be measured at the sidewalk. "Established grade" means the curbline grade at the lot lines established by the city engineer. "Building height (structure height)" - The vertical distance from any part of the structure, excluding appurtenances, to the existing or natural grade below. In a subdivision for which overlot grading was permitted prior to October 18, 1994, the overlot grading shall be the existing grade. Measuring Height: A. Measuring building height. Height of buildings is generally measured as provided in the Oregon Structural Speciality Code (the Uniform Building Code as amended by the State.) The height of buildings is the vertical distance above the base point described in Paragraphs 1. or 2. below. The base point used is the method that yields the greater height of building. For a flat roof, the measurement is made to the top of the parapet, or if there is no parapet, to the highest point of the roof. The measurement is made to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof that has a roof pitch of 12 in 12 or less. For pitched or hipped roofs with a pitch steeper than 12 in 12, the measurement is to the highest point. For other roof shapes such as domed, vaulted, or pyramidal shapes, the measurement is to the highest point. See Figure 930 -5. The height of a stepped or terraced building is the maximum height of any segment of the building. 1. Base point 1. Base point 1 is the elevation of the highest adjoining sidewalk or ground surface within a 5 foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. See Figure 930 -6. 2. Base point 2. Base point 2 is the elevation that is 10 feet higher than the lowest grade when the sidewalk or ground surface described in Paragraph 1. above, is more than 10 feet above lowest grade. See Figure 930 -7. B. Measuring height of other structures The height of other structures such as flag poles and fences is the vertical distance from the ground level immediately under the structure to the top of a structure, excluding exempted portions. When chimneys and other objects are allowed to exceed the base height of the zone by a set amount, that set amount is measured to the top of these objects. Special measurement provisions are also provided below. 0 GG3 EA- 405 /GPA 97 -1 /ZTA 97 -1 /ZC 97 -1 DRAFT AMENDMENTS - JUNE 17, 1997 RESIDENTIAL HEIGHTS - EXHIBIT 3 Page 4of4 1. Measuring height of retaining walls and fences. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall. See Figure 930 -8. 2. Measuring height of decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open, and from the ground to the top of the rails for all other situations. "Determining Average Slope" When calculating the slope of a lot an average slope is used based on the elevations at the corners of the lot. The average slope of a lot is calculated by subtracting the average elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two. See Figure 930 -9. Height of building": The vertical distance above finished grade to the highest point of a flat roof, to the deck line of a mansard roof or to the average height between the plate and the ridge of gable or hip roofs. The height of a stepped or terraced building is the maximum height of any segment of the building. "Building height": The vertical distance from the natural, mean ground elevation of the lot to the highest point of the building. zoning\ ea - 405 \exhibits \res- hgt\bldg- hgt.SVY 0 JG4 EA- 405 /GPA 97 -1/ZC 97 -1 Page 4 of 7 DRAFT AMENDMENTS - JUNE 1759 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 4 0 068 W Z 3AV SI 4 F F y.. N N F N `� r` ♦ H /k : � Nr jJ.VS�Lin� rr •� f UP IVIM « i t p 7L I ` N I ■� �s (g x L F aAIS VaWnd3S YNVIONE KI i ' 1S SVSNVH q 16 VIN1#C1 ya ' i Y Y I I I NN �R "7 sevwz 8 N N I �k <_ W z � " � w s� NIdW p ' W Y ti3VINiW "°, C " +IK K � � i PP�vO M O O � WYYkI , N W . Y ! W u sirs k qk Y H CD Z 0 1000 Q T lop 0 068 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 5 of 7 DRAFT AMENDMENTS - JUNE 17, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 4 CHAPTER 20.33 GENERAL COMMERCIAL (C -3) ZONE 20.33.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.0 or an FAR 1:1. Additional FAR may be granted for gropertieg eas CHAPTER 20.34 CORPORATE OFFICE (C -0) ZONE 20.34.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR may be granted for properties W7 i11 CHAPTER 20.36 URBAN MIXED USE NORTH (MU- N) ZONE 20.36.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be granted for properties CHAPTER 20.38 URBAN MIXED USE SOUTH (MU -S) ZONE 20.38.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be aranted for properties EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 6 of 7 DRAFT AMENDMENTS - JUNE 17, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 4 CHAPTER 20.40 LIGHT INDUSTRIAL (M -1) ZONE 20.40.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings, as defined in Chapter 20.08, on any parcel or lot shall not exceed the total square footage of the parcel or lot area multiplied by 0.6, thereby giving a floor area ratio (FAR) of 0.6:1. However, additional FAR may be granted by the City upon the preparation and approval of a specific plan, consistent with Section 65450 et.al of the California Government Code, or, for orooerties east of Sepulveda Boulevard only. with the wproyal of a TrancfPr of Develooment Riahts (T Pla . The total net floor area of high and medium bay labs may be multiplied by a factor of 0.5 to determine the allowed net floor area, if an agreement is recorded which ensures that the use and the number of employees is consistent with the definition in 20.08.467 (Ord. 1250). I $x I = 10,000 sf F.A.R. =0.6 Bldg. Area = 6,000 sf 100, 0 070 EA- 405 /GPA 97 -1/ZTA 97 -1/ZC 97 -1 Page 7 of 7 DRAFT AMENDMENTS - JUNE 17, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 4 LAND USE ELEMENT Page 3 -5 LAND USE DESIGNATIONS Following is discussion of each type of land use designation found in the City. Each contains a short description and an indication of the maximum land use density or intensity allowed. Land use density refers to the number of dwelling units per acre of land (du /ac). This distinction is generally used only for residential designations. Land use intensity refers to the quantity of building on a specific lot size. For example, a 3,000 square foot single - family home would be considered a more intense use than a 1,600 square foot home on the same size lot. An example of non - residential intensity would be a multi -story building, which is considered a more intense use than a single story building on the same sized lot. For non - residential uses, intensity is expressed in terms of Floor Area Ratio (FAR) which describes the ratio of the lot size to the building size or as otherwise defined in the Zoning Code from time to time. For example, typically a lot with a land area of 10,000 square feet and a FAR of 1.0, would allow a building area of 10,000 square feet. The allowed FAR may be Page 3 -27 zoning \exhibits \ea - 405 \ea- 405.td r 0 071 EL SEGUNDO CITY COUNCIL MEETING DATE: 17 June 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Continued Public Hearing on proposed amendments to the General Plan and Zoning Code to provide new regulations for Wireless Communication Facilities; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -403, General Plan Amendment GPA 97 -2, and Zone Text Amendment ZTA 96 -3.GPA 97 -2 will be processed with the first quarter General Plan Amendments/ Zone Text Amendments, (EA -405, GPA 97 -1, and ZTA 97 -1). Applicant: City of El Segundo. RECOMMENDED COUNCIL ACTION: 1) Hold continued public hearing; shop for July 1, 1997 or another future date; and /or, 2) Schedule a continued public hearing /special work 3) Other possible action /direction. INTRODUCTION AND BACKGROUND: On May 20, 1997, the City Council held a public hearing on the proposed General Plan Amendments and Zone Text Amendments, reviewed the proposed amendments, took action to consider the General Plan Amendment with the first quarter General Plan Amendments and Zone Text Amendments (EA -405), and continued the Zone Text Amendment for Wireless Communication Facilities to this evening's agenda. To provide background information on the subject, Staff previously distributed to the City Council several letters from the FCC regarding the status of the City's regulations, a response to the FCC from the City, various articles on Wireless Communications, and color copies of examples of different type of screening for Wireless Communication Facilities. Staff and the City Attorney recommend that this item be continued to July 1, 1997 as the primary Staff member from Burke, Williams and Sorensen responsible for this amendment, Craig Gunther, is unable to attend this evening's meeting. Mr. Gunther drafted the proposed ordinance and has drafted and implemented similar ordinances in several other cities. Additionally, Mr. Gunther is the Staff member most familiar with the legal and other requirements of the 1996 Federal Telecommunications Act, which regulates provisions for Wireless Communication services. ATTACHED AND SUPPORTING DOCUMENTS: 1 Background information (under separate, earlier cover) FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Anorooriation Reauired - Yes_ No_ ORIGINATED: Date: 10 June 1997 Bret B. Ber and AiCP, Director of Plan nq and Building Safety REVIEW Date: James . Morrison Caityt Manager ACTIO AKEN: zoning \ea - 403- cc.sr2 0 , 12 EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Pubblishmentsin allpcoommerdcial and industrial zones and the Municipal public ffaacili provide Applicant: City of ElrSegus do establishments COUNCIL ACTION: 1. Hold public hearing; 2. Discussion; 3. Introduction and first reading of Ordinance; 4. Second reading and adoption of Ordinance on July 1, 1997; and/or; 5. Other possible action/direction. INTRODUCTION AND BACKGROUND: In response to requests recently received from Hawthorne Savings, NCR and Mattel, staff prepared an amendment to Chapter 5.40 of the El Segundo Municipal Code. Section 5.40.275 provides for off -site massages that may be administered in businesses in all commercial and industrial zones and the public facilities zone. DISCUSSION: At present, the Municipal Code requires that massage technicians with valid permits may only administer massages at establishments located within the Urban Mixed Use zone. The requirements have prevented local corporations from providing massages to their employees at their place of business as part of their wellness programs. NCR, Mattel and Hawthorne Savings (see attachments) have requested the City amend the Municipal Code accordingly. (Continued on Page 2) ATTACHED SUPPORTING DOCUMENTS: 1. Letter from Hawthorne Savings dated April 18, 1997. 2. Letter from NCR dated April 21, 1997. 3. Letter from Mattel dated June 4, 1997. a T)rnf} amendment to Section 5.40.275 FISCAL IMPACT: (Check one) Operating Budget: N/A Capital Improv. Budget: N/A Amount Requested: 0 Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No X ORIGINATED: Date: June 3, 1997 Hansen, Director of Economic Deve BY: Imes W. Morrison, City Man TAKEN: Date: 0 073 Massage Establishments City Council Staff Report June 17, 1997 DISCUSSION (Cont.) The Police Department has reviewed the proposed amendment and does not foresee any enforcement problems. The attached amendment to Section 5.40.275 will allow qualified massage technicians to administer massages off -site subject to the following conditions: 1. The massage technician can only administer massages at business that hold a valid business license; 2. The business at which the massage is administered is located in one of the following zones -C -RS, C -2, C -3, CO, MU -N, MU -S, M -1, M -2, M -M, SB, GAC and P -F. 3. The massage is only administered to employees or owners of the businesses; 4. The massage is administered without the use of lotions, oils, or alcohol; 5. The individuals administering and receiving the massage are fully clothed; 6. The massage is only administered to the face, scalp, shoulders and back of the person receiving the massage. This amendment also includes a revised definition of Massage and repeals the definition of Massage Establishments, Section 20.08.590. 0 07 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 5.40.020 TO ADD DEFINITIONS FOR MASSAGE AND MASSAGE ESTABLISHMENTS, ADDING SECTION 5.40.275 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO OFF -SITE MASSAGES AND REPEALING SECTION 20.08.590 WHICH DEFINED MASSAGE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5.40.20 is amended to read as follows: "5.40.020 DEFINITIONS. For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended: (1) "Appellant" means a person who perfects an appeal pursuant to this chapter. (2) "Applicant" means a person who files an application for a new or renewal permit as provided herein. (3) "Day" means a calendar day. (4) "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. (5) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engaged in, conducts, carries on or permits to be engaged in, conducted or carried on for consideration, massages, baths or health treatments involving massages or baths as regular functions. (6) "Massage technician" means any person, male or female who administers to another person, for any form of consideration, a massage, alcohol rub, fomentation, bath, electric or magnetic massage procedure, manipulation of the body or similar procedure. LAX2:183218.1 0 0 7r (7) "Notice" means written notice, given by personal service upon the addressee, or, given by United States mail, postage prepaid, addressed to the person to be notified at his last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing of the same in the custody of the United States Postal Service. (8) "Permittee" means any person who shall be granted a permit as provided herein, and his, her or its agents and representatives. (9) "Recognized school" means any school or institution of learning which school or institution of learning has been approved pursuant to Section 29007.5 of the Education Code of the state of California and which has for its purpose the teaching of the theory, method, profession, or work of massage technicians, which school or institution of learning requires a resident course of study of not less than two hundred hours to be given in not less than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. SECTION 2. Section 5.40.275 is hereby added to Chapter 5.40 of the El Segundo Municipal Code to read as follows: "5.40.275 OFF -SITE MASSAGES A massage technician, with a valid permit issued pursuant to this chapter, may only administer massages at a massage establishment located within the Urban Mixed -Use Zone which has been issued a valid permit pursuant to this chapter. Notwithstanding any language in this chapter to the contrary, a massage technician with a valid permit issued pursuant to this chapter may provide massages at a location other than a massage establishment if all of the following conditions are met: (1) The massage technician administers massages at a business (other than a massage establishment) which has obtained a business license pursuant to Chapter 5.08. (2) The business at which the massage is administered is located in one of the following zones: C -RS, C -2, C -3, CO, MU -N, MU -S, M -1, M -2, M -M, SB, GAC and P -F. (3) The massage is only administered to employees or owners of the business. (4) The massage is administered without the use of lotions, oils or alcohol. LAX2:183218.1 -2- 0 0 7 S (5) The individual administering and receiving the massage are fully clothed. (6) The massage is only administered to the face, scalp, shoulders and back of the person receiving the massage." SECTION 3. Section 20.08.590 of the El Segundo Municipal Code is hereby repealed. SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of , 1997. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney LAX2:183218.1 MAYOR -3- 0 077 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: LAX2:183218.1 CITY CLERK 0 073 April 18, 1997 City of El Segundo To Whom It May Concern: Hawthorne Savings. F.S.B. 2381 Rosecrans Avenue El Segundo, California 90235 Telephone 310- 725.5000 As a part of our stress management and wellness program we are ready to bring on -site massage into our company and to contract with Susan Butler to manage the program. We understand that there is a problem with her obtaining a business license forthis service. If there is anything we can do to expedite the matter, please contact me at (310) 725 -5666. KartDaIlly Chi ative Officer Human Resources 0 079 u April 21, 1997 City of El Segundo, Ca. Dear: Sandra Jacobs, Mayor NCR Corporation 100 N. Sepulveda Blvd. El Segundo, CA 90245 NCR Corporation believes a Stress Management and Wellness Program is a positive addition to its benefit options. NCR looks forward to inviting Body Workers R US to perform stress management and wellness programs. We have made available an on -site location for associates to receive massage, lectures, and training to manage strenuous events. Susan Butler of Body Workers R US has been invited to many company outings, to perform on -site 4ssage, for associates. She has always been the activity with the longest sign up sheet, it is Ub *p that her methods are greatly enjoyed by the vast majority. f Kathy COX NCR FaciL further information concerning NCR's perspective on Stress Management, Wellness e arduous activities of a work day, or Ms. Susan Butler, please contact me. Operatio ''ardr`rmpu# yt ,yL.,,tx ; f n <»� £•: • • . • • . • . . • • . . • . . • . . . . . . . TY MO 0 080 Mattel, Inc. 333 Continental Boulevard 1 {I Segundo, California 9024 5 -501 2 Phone: (310)252 -2000 Telex: 188155 or 188170 June 4, 1997 To Whom It May Concern: This confirms Mattel's interest in implementing an onsite seated chair massage program as part of Mattel's wellness program for its employees. Any questions regarding the design of this program may be directed to Sue Ward, Director, Mattel Health & Fitness Center. Sincerely, Grace Moniz Manager, Human Resource Programs ® 0 081 EL SEGUNDO CITY COUNCIL MEETING DATE: 17 June 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of an Ordinance to amend the following sections of the General Plan, Subdivision Code, Zoning Code, and Zoning Map: Subdivision Extensions, SHSP Height Bonus, Service Stations/Automobile Services, MU North and South, Architectural Landscape Features, Initiation of ZTA/GPA, Planning Commission Appeals, Golf Course, Video Arcades, Edison Right -of -Way, and Wireless Communication Facilities (General Plan Amendment only); and, a Mitigated Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicant: City of El Segundo. RECOMMENDED COUNCIL ACTION: 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, Adopt Ordinance. INTRODUCTION AND BACKGROUND: On May 6 and 20, and June 3, 1997, the City Council held Public Hearings on the above referenced project. On June 3, 1997, the City Council introduced an Ordinance to amend various sections of the City's General Plan, Subdivision Code, Zoning Code, and Zoning Map. The attached Ordinance is being presented for a second reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. DISCUSSION: Pursuant to Council direction, Staff has revised the Ordinance to eliminate the General Plan Amendments for Drive - thrus and Transfer of Development Rights (TDB's). If the City Council determines it appropriate, these two General Plan Amendments will be held over to be included with the next set of General Plan Amendments in order to minimize the number of General Plan Amendments processed in one year (as only four (4) are allowed per calender year and this would be the second set with three more General Plan Amendments scheduled for the rest of the year). The continued discussion of the General Plan and Zone Text Amendments related to: 1) Sepulveda Boulevard Building Heights, 2) Drive - thru's, 3) Residential Heights, and 4) TDR's- Transfer of Development Rights is also scheduled for tonight's Council agenda, but as a separate Continued Public Hearing. ATTACHED SUPPORTING DOCUMENTS: 1) City Council Ordinance No. 1272 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: 6 June 1997 i Bret B. Be r P U ector f Planning and Building Safet REVIEW D Date: James W ACTION' p:\zoning \ea - 405 \ea405 -5.ais t! o82- ORDINANCE NO. 1272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -405, GENERAL PLAN AMENDMENT GPA 97 -1, ZONE TEXT AMENDMENT ZTA 97 -1 AND ZONE CHANGE 97 -1 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 19 AND TITLE 20 (SUBDIVISION AND ZONING CODE), AND THE ZONING MAP. PETITIONED BY THE CITY OF EL SEGUNDO (CITYWIDE AMENDMENTS). WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010; and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and, WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and, WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments; and, WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and, WHEREAS, General Plan Amendment GPA 97 -1 is the first amendment processed and proposed for 1997; and, WHEREAS, an Environmental Assessment (EA -405), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment, Subdivision Code, Zoning Code and Zoning Map revisions, has been prepared and circulated to all interested parties, Staff, and affected public agencies for review and comment in the time and manner prescribed by law; and, WHEREAS, on January 23, February 13 and 27, and March 6 and 27, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Subdivision Code, Zoning Code and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the Planning 1 0 083 Commission adopted Resolution No. 2390 on March 27, 1997 recommending approval of the proposed amendments; and, WHEREAS, on May 6, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on revisions to the General Plan, Subdivision Code, Zoning Code and Zoning Map, and notice was given in the time, form and manner prescribed by law and the public hearing was continued until May 20, June 3 and 17, 1997; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -405, GPA 97 -1, ZTA 97 -1 and ZC 97 -1, the revisions to the General Plan, Subdivision Code, Zoning Code and the Zoning Map; and, WHEREAS, at said hearings the following facts were established: The purpose of the revisions to the General Plan, Subdivision Code, Zoning Code and Zoning Map are to refine and make appropriate adjustments to the development standards and other zoning and General Plan requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. 2. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -405, GPA 97 -1, ZTA 97 -1 and ZC 97 -1 the City Council finds as follows: 1. The proposed General Plan, Zoning Code and Zoning Map Amendments are consistent with the 1992 General Plan. 2. The General Plan Amendments under GPA 97 -1 are in the public interest and will further the general welfare of the City. The revisions to the Subdivision Code are consistent with the Subdivision Map Act and Senate Bill (SB) 560, which amended Section 66452.6 of the State of California Government Code (the Subdivision Map Act). The proposed General Plan, Zoning Code and Zoning Map Amendments are consistent with the existing Zoning Code. ENVIRONMENTAL FINDINGS 1. The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Mitigated Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and 2 0 08,E 3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Mitigated Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA405, GPA 97 -1, ZTA 97 -1 and ZC 97 -1, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 19.04.150 of Chapter 19.04, Title 19, of the El Segundo Municipal Code is amended to read as follows: 19.04.150 EXPIRATION OF TENTATIVE MAP APPROVAL. A. Expiration: The approval or conditional approval of a tentative map or tentative parcel map shall expire 24 months from the date the map was approved or conditionally approved. B. Extension: The person filing the tentative map may request an extension of an approved tentative map by filing a written application with the Director of Planning and Building Safety, prior to the date of expiration. The application shall state the reasons for requesting the extension. Said extension request shall be approved or denied by the Planning Commission. C. Time Limit on Extensions: Each extension of tentative map approval or conditional approval shall be allowed for a period not to exceed one year from the original anniversary approval date. The total time extensions shall not exceed five years. The ultimate length of the extension shall be consistent with the Subdivision Map Act. D. Effect of Map Modification on Extension: Modifications of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section, unless an extension is specifically granted. SECTION 2. Section 20.08.145 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the definition of Video /Arcade Establishments, is hereby repealed in its entirety. SECTION 3. Section 20.08.148 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.148 ARCHITECTURAL LANDSCAPE FEATURES. "Architectural landscape features" means small landscape structures, such as fountains, arbors, trellises, pergolas, colonnades, statuary, and other similar features; as well as works of art which also do not contain floor area; or a roof or side walls consisting of greater than 20% component solid portions. These features shall not be considered Structures, as defined in Section 20.08.855, for setback purposes. 3 0 085 SECTION 4. Section 20.08.914 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.914 VIDEO ARCADE. "Video arcade" means an establishment having coin - operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices that show images to one or more persons per machine at any one time. SECTION 5. Section 20.12.070 of Chapter 20.12, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.12.070 OPEN SPACE AREAS AND ENCROACHMENTS. A porte cochere (open carport) may be placed over a driveway in the front twenty feet of one side yard setback, outside of the front yard setback, or attached to the front twenty feet of one dwelling unit closest to the front lot line, provided the structure is not more than one story in height, is unenclosed on three sides, and is entirely open except for the necessary supporting columns and architectural features. A. Every required yard shall be open and unobstructed from the ground up, except the following intrusions may project 2 feet into required yards, provided the required yard shall not be reduced to less than 3 feet in width: Cornices, belt courses, sills, eaves or similar architectural features. Eaves may project 6 inches into any nonconforming side yard which is 3 feet in width; 2. Fireplace structures not wider than 8 feet measured in the general direction of the wall of which it is a part, but may not encroach into an interior side yard setback; Uncovered porches and platforms which do not extend above the floor level of the first floor; 4. Planting boxes or masonry planters not exceeding 42 inches in height; Guard railing for safety protection around ramps; 6. Mechanical equipment, such as pool heaters, water heaters, and air conditioners not wider than 8 feet measured in the general direction of the wall of which it is a part, and adequately soundproofed, but not encroaching into the front yard setback; 7. Bay windows, only on the first floor, not wider than 8 feet measured in the general direction of the wall of which it is a part; and, 8. Greenhouse windows. B. In nonresidential zones, architectural landscape features, as defined in Section 20.08.148, may encroach into setbacks subject to the requirements of Section 20.12.170 B.3. 4 0 08h SECTION 6. Section 20.12.170 B.3. of Chapter 20.12, Title 20, of the El Segundo Municipal Code is amended to read as follows: 3. Property Perimeter All required setback areas shall be fully landscaped including permanent irrigation systems. The landscaping shall incorporate the theme utilized for the public rights -of- way and one shade tree shall be provided for every 25 feet of street frontage. The following encroachments are permitted into the landscaped setback areas: a. Parking may encroach into the landscaped setback up to a maximum of 50% of the required setback area provided a minimum landscaped setback of 5 feet is maintained. b. Architectural landscape features, as defined in Section 20.08.148, may encroach into the landscaped setback area up to a maximum of 80% of the required setback area provided a minimum landscaped setback of 5 feet is maintained. The features may cover a maximum of 25% of the total area of the setback, and be a maximum of 20 feet in height. Encroachments which exceed any of these standards, or which contain an open roof covering or side walls with greater than 20% component solid portions, requires the approval of an Adjustment, as provided in Section 20.78, Adjustments. A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design. Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and VUA areas. SECTION 7. Section 20.12.180 shall be added to Chapter 20.12, Title 20, of the El Segundo Municipal Code to read as follows: 20.12.180 VIDEO ARCADES A. When reviewing an application for an Administrative Use Permit for a video arcade, the Director of Planning and Building Safety shall evaluate the potential impacts of the proposed establishment using the following performance criteria: Distance from existing residential uses; 2. The amount of existing or proposed off - street parking facilities, and its distance from the proposed use; The provision of a sufficient number of bicycle racks; 4. Location of and distance to churches, schools, hospitals, public playgrounds and bars; The combination of uses proposed; 6. Noise, odor, dust and/or vibration that may be generated by the proposed use; 5 0 Or7 7. The ability for the operator to prevent problems related to potential noise, litter, loitering, crowd control, security, and parking; Use by persons under the age of 18 shall be in conformance with City curfew regulations (Chapter 9.08, Curfew); 9. Hours of operation; 10. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; 11. The number of similar establishments or uses within close proximity to the proposed establishment; 12. Will the establishment contribute to a concentration of similar outlets in the area; 13. That no proprietor, owner, or manager may permit the video games to be located closer than twelve inches from any wall assembly separating the arcade from any adjacent building or portion of a building; and, 14. Where games are located along one side of an aisle, the aisle width shall be a minimum of sixty -six inches and the aisle shall be unobstructed at all times. When games are located on both sides of an aisle, the aisle width shall not be less than ninety inches in width and shall be unobstructed. B. When reviewing a Conditional Use Permit for a video arcade, in addition to the performance criteria for an Administrative Use Permit, the Planning Commission shall evaluate the potential impacts of the proposed establishments using the following performance criteria: 1. The provisions for adult supervision. No proprietor, owner or manager may permit any video game to be played unless there is at least one adult (over eighteen years of age) attendant or supervisor overseeing the use of the video games; 2. Bicycle racks shall be provided within twenty -five feet of any video arcade and must provide a total of at least two bicycle stalls for every four games located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises; 3. An adequate lighting plan must be submitted to and approved by the Director of Planning and Building Safety and Police Chief, and each proprietor, owner, or manager shall maintain the lighting in conformity with the approved plan; 4. A Security Plan shall be reviewed and approved by the Police Chief; 5. The number of games proposed; 6. The establishment must provide adequate lavatory facilities accessible to customers, employees, and business invitees; 0 083 7. The relationship of the proposed business - generated traffic volume and the size of streets serving the area; 8. Impact of the proposed use to the City's infrastructure and/or services; 9. At least one public telephone shall be provided at each arcade; and 10. Proximity to adult related retail sales (i.e., video /magazines). A physical separation or minimum distance must be maintained. SECTION 8. Section 20.16.010 of Chapter 20.16, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.16.010 DESIGNATION OF ZONE NAMES. In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the classes of use zones are by this title established, to be known as follows: R -1 - Single- Family Residential Zone. R -2 - Two- Family Residential Zone. R -3 - Multi- Family Residential Zone. MDR - Medium Density Residential Zone. P - Automobile Parking Zone. C -RS - Downtown Commercial Zone. C -2 - Neighborhood Commercial Zone. C -3 - General Commercial Zone. GAC - Grand Avenue Commercial Zone. CO - Corporate Office Zone. MU -N - Urban Mixed -Use North Zone. MU -S - Urban Mixed -Use South Zone. M -1 - Light Industrial Zone. M -2 - Heavy Industrial Zone. SB - Small Business Zone. MM - Medium Manufacturing Zone. O-S_ Open Space Zone. P -F - Public Facilities Zone. PRD - Planned Residential Development Zone. SECTION 9. Section 20.31.030 of Chapter 20.3 1, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.31.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; C. Video arcades with three or fewer video or arcade machines; and, 7 0 08:1 D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 10. Section 20.31.040 of Chapter 20.3 1, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.31.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit: A. Churches, church schools and religious facilities; B. Drive -thru restaurants; C. On -site sale and consumption of alcohol at bars; D. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; E. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; F. Video arcades with four or more video or arcade machines; and, G. Other similar uses as approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 11. Section 20.32.030 of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.32.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; C. Videos arcades with three or fewer video or arcade machines; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 12. Section 20.32.040 of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.32.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit. 0 090 A. Bed and breakfast inns; B. Drive -thru restaurants; C. On -site sale and consumption of alcohol at bars; D. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; E. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; F. Videos arcades with four or more video or arcade machines; and, G. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 13. Section 20.33.030 of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.33.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; C. Video arcades with three or fewer video or arcade machines; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 14. Section 20.33.040 of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.33.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit. A. Drive -thru restaurants; B. Freight forwarding; C. Helicopter landing facilities subject to the provisions of Section 20.12.160; D. On -site sale and consumption of alcohol at bars; 9 0 091 E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; F. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; G. Video arcades with four or more video or arcade machines; and, H. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 15. Section 20.34.030 of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.34.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; C. Video arcades with three or fewer video or arcade machines; and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 16. Section 20.34.040 of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit: A. Drive -thru restaurants; B. Freight forwarding; C. Helicopter landing facilities subject to the provisions of Section 20.12.160; D. On -site sale and consumption of alcohol at bars; E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; F. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; 10 0 092 G. Video arcades with four or more video or arcade machines; and, H. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 17. Section 20.36.010 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.010 PURPOSE. The purpose of this Zone is to provide consistency with and implement policies related to those locations which are designated Urban Mixed -Use North on the General Plan Land Use Map and in the General Plan text. The Urban Mixed -Use North (MU -N) Zone is established to provide area(s) where a mixture of compatible commercial, offices, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner. It is the intent of the MU -N Zone to have several types of uses occupy a single building, or if a project includes multiple buildings, then each building should contain a different type of use. It is anticipated, although not required, that each type of use will be from two or more of the following categories: Retail, service, hotel, office, research and development, theaters or recreational facilities. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within MU -N zoned property. Businesses located within this Zone are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. SECTION 18. Section 20.36.020 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.020 PERMITTED USES. The following uses are permitted in the MU -N Zone: A. Business service establishments such as electronic computer facilities and addressing services; B. General offices of commercial, financial or industrial establishments; C. Engineering, industrial design, consultation and other offices; D. Financial institutions; E. Hotels and motels; F. Medical - dental offices or facilities; G. Motion picture /television production facilities (excluding outdoor facilities); H. Restaurants, coffee shops and cafes; I. Retail (excluding off -site alcohol sales) and wholesale sales and service; Scientific research and experimental development laboratories; 11 0 093 K. Theaters; L. Trade union halls, clubs, including service clubs, veterans' organizations, lodges and similar nonprofit organizations; and, M. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 19. Section 20.36.030 of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. Light industrial uses; B. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; C. The off -site sale of alcohol at retail establishments; D. Video arcades with three or fewer video or arcade machines; and, E. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 20. Section 20.36.040 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit: A. Catering services and flight kitchens; B. Drive -thru restaurants; C. Freight forwarding; D. Helicopter landing facilities subject to the provisions of Section 20.12.160; E. Hospitals; F. Motion picture /television production facilities (outdoor facilities only); G. On -site sale and consumption of alcohol at bars; H. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; 12 0 094 1. Parking facilities, including park and ride lots; Recreational facilities (public and commercial); K. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; L. Video arcades with four or more video or arcade machines; and, M. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determination. SECTION 21. Section 20.36.045 of Chapter 20.36, Title 20, of the El Segundo Municipal Code, entitled Adult Business Permit, is hereby repealed in its entirety. SECTION 22. Section 20.36.060 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.060 SITE DEVELOPMENT STANDARDS. All uses within the MU -N Zone shall comply with the Development Standards contained in this Section. A. General Provisions 1. All uses shall be conducted wholly within an enclosed building except: a. Electrical distribution stations; b. Outdoor restaurants and cafes incidental to the permitted use; C. Recreational facilities customarily conducted in the open; and, d. Special uses, to the degree the Conditional Use Permit granting such special uses expressly permits operation in other than a fully enclosed building. 2. Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in Chapter 20.55, Transportation Systems Management, shall be met. 3. Other provisions as required in Chapter 20.12, General Provisions. B. Lot Area A minimum lot area of 10,000 square feet. C. Height Buildings and Structures shall not exceed a height of 175 feet. 13 0 095 i i i .............. Front Setbacks 1. Front yard: 30 feet minimum. Off - street parking may encroach upon the setback area, but may not diminish the required amount of landscaping. 2. Side yard: 25 feet minimum, unless one of the following conditions exist: a. If the side yard adjoins a dedicated street, a minimum of 30 feet shall be provided; and, b. If the side yard abuts property with a different classification, the side yard setback shall be the average of the two side yard setbacks, but not less than 10 feet. 3. Rear yard: 5 feet minimum, unless the rear yard adjoins an alley, dedicated street, or public right -of -way, or if the primary access is through the rear yard. In these cases, a minimum of 30 feet shall be provided. M U Zone 10,000 s.f. .. Min. i i i 27.5' 25' :Min. i30' M C d 100' Min. Frontage Alley G. Walls /Fences Fences in the MU -N Zone shall comply with the requirements of Chapter 20.12, General Provisions. A minimum 6 -foot high masonry wall shall be provided along property lines for those yards abutting residential or industrial zones. 14 0 019P H. Access All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management program, Chapter 20.55. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on -site and/or off -site, if within adjoining public rights -of -way. If the building is part of a multi - building development project, then pedestrian access shall be provided between buildings. SECTION 23. Section 20.36.080 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.080 OFF- STREET PARKING AND LOADING SPACES. Off - street parking and loading spaces in the MU -N Zone shall be provided as required by Chapter 20.54, Off - Street Parking and Loading Spaces. SECTION 24. Section 20.36.090 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.090 SIGNS. Signs in the MU -N Zone shall comply with the requirements of Chapter 20.60, Signs. SECTION 25. Chapter 20.38 shall be added to Title 20 of the El Segundo Municipal Code to read as follows: Chapter 20.38 URBAN MIXED -USE SOUTH (MU -S) ZONE Sections: 20.38.010 PURPOSE. 20.38.020 PERMITTED USES. 20.38.025 PERMITTED ACCESSORY USES. 20.38.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. 20.38.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. 20.38.045 ADULT BUSINESS PERMITS. 20.38.050 PROHIBITED USES. 20.38.060 SITE DEVELOPMENT STANDARDS. 20.38.070 LANDSCAPING. 20.38.080 OFF- STREET PARKING AND LOADING SPACES. 20.38.090 SIGNS. 20.38.010 PURPOSE. The purpose of this Zone is to provide consistency with and implement policies related to those locations which are designated Urban Mixed -Use South on the General Plan Land Use Map and in the General Plan text. The Urban Mixed -Use South (MU -S) Zone is established to provide area(s) where a mixture of compatible commercial, offices, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner. It is the intent of the MU -S Zone to have several types of uses occupy a single building, or if a project includes multiple buildings, then each building should 15 0 091 contain a different type of use. It is anticipated, although not required, that each type of use will be from two or more of the following categories: Retail, service, hotel, office, research and development, theaters or recreational facilities. It is further intended to ensure that adequate open space and development regulations will create a favorable environment for abutting uses as well as ensuring the compatibility and harmonious existence of development within MU -S zoned property. Businesses located within this Zone are encouraged to provide street level uses which allow for, and facilitate, pedestrian activity for area workers and visitors. 20.38.020 PERMITTED USES. The following uses are permitted in the MU -S Zone: A. Business service establishments such as electronic computer facilities and addressing services; B. General offices of commercial, financial or industrial establishments; C. Engineering, industrial design, consultation and other offices; D. Financial institutions; E. Hotels and motels; F. Medical- dental offices or facilities; G. Massage establishments that meet the requirements of Chapter 5.40, Massage Parlors, in addition to all other requirements imposed by law; H. Motion picture /television production facilities (excluding outdoor facilities); I. Restaurants, coffee shops and cafes; J. Retail (excluding off -site alcohol sales) and wholesale sales and service; K. Scientific research and experimental development laboratories; L. Theaters; M. Trade union halls, clubs, including service clubs, veterans' organizations, lodges and similar nonprofit organizations; and, N. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.38.025 PERMITTED ACCESSORY USES. A. Any use customarily incidental to a permitted use; B. Drive -thru or walk -up services, including financial operations, but excluding drive -thru restaurants; 16 0 098 C. Employee recreational facilities and play area; D. Parking structures and surface parking lots; E. Open storage of commodities sold or utilized on the premises; and, F. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.38.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. Light industrial uses; B. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; C. The off -site sale of alcohol at retail establishments; D. Video arcades with three or fewer video or arcade machines; and, E. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.38.040 USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit: A. Catering services and flight kitchens; B. Drive -thru restaurants; C. Freight forwarding; D. Helicopter landing facilities subject to the provisions of Section 20.12.160; E. Hospitals; F. Motion picture /television production facilities (outdoor facilities only); G. On -site sale and consumption of alcohol at bars; H. Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants where outdoor dining comprises 20% or less of the total dining area of the restaurant or drive -thru restaurant, but not exceeding 200 square feet of floor area; I. Parking facilities, including park and ride lots; J. Recreational facilities (public and commercial); 17 0 O99 K. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; L. Video arcades with four or more video or arcade machines; and, M. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.38.045 ADULT BUSINESS PERMITS Adult - oriented businesses shall be allowed subject to obtaining an Adult Business Permit, as provided by Chapter 20.80, Adult Use Zoning Regulations. 20.38.050 PROHIBITED USES. A. All uses that are involved with the transfer and storage of waste material; and, B. Residential uses. 20.38.060 SITE DEVELOPMENT STANDARDS. All uses within the MU -S Zone shall comply with the Development Standards contained in this Section. A. General Provisions 1. All uses shall be conducted wholly within an enclosed building except: a. Electrical distribution stations; b. Outdoor restaurants and cafes incidental to the permitted use; C. Recreational facilities customarily conducted in the open; and, d. Special uses, to the degree the Conditional Use Permit granting such special uses expressly permits operation in other than a fully enclosed building. 2. Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in Chapter 20.55, Transportation Systems Management, shall be met. 3. Other provisions as required in Chapter 20.12, General Provisions. B. Lot Area A minimum lot area of 10,000 square feet. C. Height Buildings and structures shall not exceed a height of 175 feet. LVIEffam 18 0 goo ................ I I Front Street Setbacks 1. Front yam: 30 feet minimum. Off - street parking may encroach upon the setback area, but may not diminish the required amount of landscaping. 2. Side yard: 25 feet minimum, unless one of the following conditions exist: a. If the side yard adjoins a dedicated street, a minimum of 30 feet shall be provided; and, b. If the side yard abuts property with a different classification, the side yard setback shall be the average of the two side yard setbacks, but not less than 10 feet. 3. Rear y : 5 feet minimum, unless the rear yard adjoins an alley, dedicated street, or public right -of -way, or if the primary access is through the rear yard. In these cases, a minimum of 30 feet shall be provided. M U Zone 10,000 s.f. Min. ; I i 27.5' 25' 30' Ain Z 100' Min. Frontage Alley E. Lot Frontage Each lot in the MU -S Zone shall have a minimum frontage on a street of 100 feet. F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property, multiplied by 1.3, or an FAR of 1.3:1. m d = 10,000 sf F.A.R. = 1.3 Bldg. Area = 13,000 sf G. Walls /Fences Fences in the MU -S Zone shall comply with the requirements of Chapter 20.12, General Provisions. A minimum 6 -foot high masonry wall shall be provided along property lines for those yards abutting residential or industrial zones. 19 101 H. Access All development projects shall provide adequate access and facilities for various modes of transit, as required by the City's Transportation Demand Management program, Chapter 20.55. In addition, all development projects shall provide pedestrian access between buildings and transit facilities located on -site and/or off -site, if within adjoining public rights -of -way. If the building is part of a multi- building development project, then pedestrian access shall be provided between buildings. 20.38.070 LANDSCAPING. Landscaping shall be provided as required by Section 20.12.170, Landscaping. 20.38.080 OFF- STREET PARKING AND LOADING SPACES. Off - street parking and loading spaces in the MU -S Zone shall be provided as required by Chapter 20.54, Off - Street Parking and Loading Spaces. 20.38.090 SIGNS. Signs in the MU -S Zone shall comply with the requirements of Chapter 20.60, Signs. SECTION 26. Section 20.40.040 F. of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: F. Service Stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, SECTION 27. Section 20.41.040 F. of Chapter 20.41, Title 20, of the El Segundo Municipal Code is amended to read as follows: F. Service Stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, SECTION 28. Section 20.42.010 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.42.010 PURPOSE. The purpose of this Zone is to perpetuate the existence of the small business and incubator industrial user in the Smoky Hollow area. As such, this Zone is to be utilized only within the boundaries of the Smoky Hollow Specific Plan. It is recognized that the areas that provide small businesses a place to establish and prosper are becoming more and more scarce and at the same time becoming increasingly desirable. This unique environment is felt to be an appropriate location for light industrial activities, research, and technological processes, restaurants, cafeterias and related industrial offices. It is also the purpose of this zone to allow maximum site development flexibility in return for well- conceived and efficient site planning and landscaping to complement the good development which presently exists in the area. 20 0 102 SECTION 29. Section 20.42.020 E. of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: E. Automobile service uses with up to four service bays, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. Projects proposing a greater number of bays shall be required to obtain an Administrative Use Permit; SECTION 30. Section 20.42.030 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.42.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail accessory establishments; C. Automobile service uses with more than four (4) service bays, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 31. Section 20.42.040 D. of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: D. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, SECTION 32. Section 20.43.020 E. of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: E. Automobile service uses with up to four service bays, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. Projects proposing a greater number of bays shall be required to obtain an Administrative Use Permit; SECTION 33. Section 20.43.030 of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.43.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail establishments; 21 0 103 C. Automobile service uses with more than four (4) service bays, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 34. Section 20.43.040 D. of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: D. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, SECTION 35. Section 20.43.060 C. of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: C. Height No building or structure within the MM Zone shall exceed a height of 35 feet. However, that building providing enclosed or rooftop parking or utilizing a parapet wall on top of the eave of the top floor in order to hide rooftop equipment shall not exceed 40 feet. Buildings incorporating certain elements as outlined in the lot consolidation provisions (Section 20.46.030.F.) may, with the concurrence of the Planning Commission, exceed the stated height limit by up to 15 feet. This provision may also be applied to special accessory structures ancillary to the basic use at the Planning Commission's option. SECTION 36. Section 20.44.040 C. of Chapter 20.44, Title 20, of the El Segundo Municipal Code is amended to read as follows: C. Service stations, if a 500 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, SECTION 37. Section 20.54.030 B.(5) of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: (5) Offices, commercial, video arcade, and food -to -go uses 22 1 space for each 300 sq.ft. for the first 25,000 sq.ft. 1 space for each 350 sq.ft. for the second 25,000 sq.ft. 1 space for each 400 sq.ft. for the area in excess of 50,000 sq.ft. 0 1.04 SECTION 38. Section 20.54.050 B. of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: ZONE B. Tandem Parking Parking stalls in a tandem configuration are prohibited in all zones, except as follows: ALLOWABLE TANDEM PARKING PROVISIONS PERCENTAGES All residential zones Restricted to 2 vehicles in tandem, in a N/A designated parking space for use by occupants in the same dwelling unit SB, MM, and Grand Avenue Tandem parking up to 4 cars deep shall N/A Commercial be allowed with a travel lane on both ends. The following uses are allowed to have a certain percentage of tandem parking spaces: General Retail 30 Manufacturing 85 Offices 85 Research and Development (includes 85 office with on -site testing facilities) Restaurants 10 Warehousing 85 C -RS, C -2, C -3, MU -N, Tandem parking shall be allowed for 20 MU -S, M -1 & M -2 office and manufacturing, except for structures under 15,000 sq.ft., in which case said use shall obtain a C.U.P. SECTION 39. Section 20.54.060 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.060 LOADING AREA DEVELOPMENT STANDARDS Every building hereafter established, erected, enlarged or expanded for commercial, manufacturing or institutional purposes in the Commercial or Manufacturing Zones listed below shall be provided with loading space as follows. However, for any building or use enlarged or increased in capacity, additional loading spaces shall be required only for such enlargement or increase. All required loading spaces shall be in addition to the required on -site parking spaces set forth in Section 20.54.030 and shall be developed and maintained in accordance with Section 20.54.020. Loading spaces may be provided either completely or partially within a building when such building is designated to include adequate ingress and egress to the loading spaces. 23 0 1.05 Loading Space Sizes Space Width Space Depth Vertical Clearance 13 feet 50 feet 16 feet NUMBER OF LOADING SPACES REQUIRED Required loading spaces for hotel or institutional uses shall be provided as set forth in the following schedule: BUILDING FLOOR AREA LOADING SPACES REQUIRED LOADING 0 - 999 sq. ft. Zero BUILDING FLOOR SPACES WAITING SPACES ZONE AREA REQUIRED REQUIRED SB & MM • 0 - 10,000 sq. ft. Zero • 10,000 - 25,000 sq. ft. One C -3, CO, • 0 - 999 sq. ft. Zero MU -N, • 1,000 - 25,000 sq. ft. One MU -S, M -1, M -2 C -3, CO, • 25,001 - 100,000 sq. ft. Two MU -N, • 100,001 - 250,000 sq. ft. Three MU -S, • Each additional 100,000 M -1, M -2, sq. ft. or fraction thereof One SB, MM • Over 1,000,000 sq. ft. One for every five loading spaces. Each space 13'Wx50'L x 16'H. Required loading spaces for hotel or institutional uses shall be provided as set forth in the following schedule: BUILDING FLOOR AREA LOADING SPACES REQUIRED WAITING SPACES REQUIRED 0 - 999 sq. ft. Zero 1,000 - 15,000 sq. ft. One 15,001 - 75,000 sq. ft. Two Each additional 100,000 sq. ft. or fraction thereof. One 24 Q 10 b Over 1,000,000 sq. ft. One for every five loading spaces. Each space 13'Wx50'Lx16'H. Loading spaces within the boundaries of the Smoky Hollow Specific Plan should be located on the side or in the rear of buildings whenever possible. If located in the front yard, the loading platform shall be set back from the front property line a minimum of 30 feet. Commercial or Manufacturing zoned lots or parcels that are less than 6,000 square feet in area shall provide an on -site loading space area that is not less than 12 feet wide and is comprised of an area equal to not less than 8% of the lot or parcel area, and in no case shall such loading area be less than 360 square feet. SECTION 40. Section 20.72.045 of Chapter 20.72, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.72.045 FINDINGS FOR APPROVAL OF ALCOHOL SALES. A. Before an Administrative Use Permit may be granted, it shall be found that: There is 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; 2. The proposed use is consistent and compatible with the purpose of the zone in which the site is located; The proposed location and use and the conditions under which the use 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, 4. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. B. In addition to the four findings above, before an alcohol- related Administrative Use Permit may be granted, it shall also be found that: The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant. C. In addition to the four findings detailed in Section A. above, before an Administrative Use Permit for a video arcade may be granted, the Performance Criteria in Section 20.12.180 A. must be evaluated. SECTION 41. Section 20.74.060 of Chapter 20.74, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.74.060 CONDITIONAL USE PERMIT FINDINGS. 25 0 107 A. Before a Conditional Use Permit may be granted, it shall be found: 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; 2. 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, That the proposed conditional use will comply with each of the applicable provisions of this chapter. B. Before a Conditional Use Permit may be granted for the sale of alcohol, it shall be found that: The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; 2. There is 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; The proposed use is consistent and compatible with the purpose of the zone in which the site is located; 4. The proposed location and use and the conditions under which the use 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, 5. Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been recognized and compensated for. C. In addition to the four findings detailed in Section A. above, before a Conditional Use Permit for a video arcade may be granted, the Performance Criteria in Section 20.12.180 B. must be evaluated. SECTION 42. Section 20.78.010 of Chapter 20.78, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. No adjustment shall be made to permit a wall, hedge, or fence to exceed 8 feet in height. 26 0 108 An adjustment may also be granted for architectural landscape features which exceeds the standards set forth in Section 20.12.170; and, in the manner hereafter provided. SECTION 43. Section 20.82.015 of Chapter 20.82, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.82.015 APPEAL OF DIRECTOR OF PLANNING AND BUILDING DECISION. Any individual may appeal a decision or determination of the Director of Planning and Building Safety to the Planning Commission. The appeal shall be made within 10 calendar days after the date of the Planning and Building Safety Director's decision by filing a letter of appeal, with the required appeal fee, with the Secretary of the Planning Commission. In the event that the tenth day falls on a holiday or weekend, the appeal letter may be filed on the next business day. Any appeal of an Administrative Use Permit must be received, with the required appeal fee, prior to the decision being received and filed by the Planning Commission. All appeals shall state specifically wherein it is claimed there was an error or abuse of discretion by the decision maker or where a decision is not supported by the evidence in the record. Following the receipt of an appeal, the Director of Planning and Building Safety shall transmit to the Planning Commission the letter of appeal, the application and all other papers constituting the record upon which the action of the Director of Planning and Building Safety was taken. The Planning Commission shall hold at least one public hearing, in the manner prescribed in Chapter 20.90, on the decision of the Director of Planning and Building Safety, which has been appealed. The hearing shall be held within 40 calendar days of the appeal request. The project applicant shall provide the list of property owners, radius map and any additional information required for the public hearing to the Department of Planning and Building Safety. The Planning Commission may affirm, reverse, or modify a decision of the Director of Planning and Building Safety. The decision of the Planning Commission is appealable to the City Council, pursuant to Section 20.82.020. SECTION 44. Section 20.82.020 of Chapter 20.82, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.82.020 APPEAL OF PLANNING COMMISSION DECISION. Any individual may appeal a decision of the Planning Commission to the City Council. The appeal shall be made within 10 calendar days after the date of the Planning Commission decision by filing a letter of appeal, with the required appeal fee, with the City Clerk. In the event that the tenth day falls on a holiday or weekend, the appeal letter may be filed on the next business day. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the body making the decision or where a decision is not supported by the evidence in the record. Following the receipt of an appeal, the Director of Planning and Building Safety shall transmit to the City Council the letter of appeal, the application, and all other papers constituting the record upon which the action of the Planning Commission was taken. SECTION 45. Section 20.86.020 of Chapter 20.86, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.86.020 INITIATION. Amendments of this title may be initiated: 27 0 109 A. Upon the verified application of one or more owners of property which is proposed to be changed or reclassified; and, B. Upon the adoption of a motion by the City Council requesting the Planning Commission to process in the manner prescribed by law: Any change in zone boundaries; 2. Any change to a precise plan; or, Any amendment of the Zoning Code text. SECTION 46. Section 20.86.040 of Chapter 20.86, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.86.040 PLANNING COMMISSION HEARING PROCEDURE. Upon filing of a verified application or upon the adoption of a motion by the City Council, the Planning Commission shall hold a public hearing as provided in Chapter 20.90. The Planning Commission shall announce its findings by formal resolution not more than 40 calendar days following the hearing, and the resolution shall recite, among other things, the facts and reasons which, in the opinion of the Planning Commission, make the approval or denial of the application necessary to carry out the general purpose of this title, and shall recommend the adoption of the Amendment or modification to the precise plan by the City Council or deny the application. SECTION 47. The General Plan Land Use Map is hereby changed to reflect the new Urban Mixed -Use North and new Urban Mixed -Use South designations, the change for Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation, and the actual boundaries of the City's Municipal Golf Course and the West Basin Municipal Water District Water Reclamation Facility. The corresponding changes to the Land Use Map as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 48. The Land Use designations (Commercial designations) and the proposed Land Use Plan (northeast and southeast quadrant) of the Land Use Element are hereby amended to split the Urban Mixed -Use Land Use designation into Urban Mixed -Use North and Urban Mixed -Use South. The corresponding changes to the Land Use Element as set forth in Exhibit B, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 49. The proposed Land Use Plan (northwest quadrant) and Buildout Projections of the Land Use Element are hereby amended to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation. The corresponding changes to the Land Use Element as set forth in Exhibit C, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 50. The Summary of Existing Conditions Report (Demand for Housing) of the Housing Element is hereby amended to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation. The corresponding changes to the Housing Element as set forth in Exhibit D, attached hereto and incorporated herein by this reference, are also hereby approved. PV 0 1 SECTION 51. The Land Use 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element is hereby amended to split the Urban Mixed -Use Land Use designation into Urban Mixed - Use North and Urban Mixed -Use South, to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation, and to reflect changes to the boundaries of the City's Municipal Golf Course and the West Basin Municipal Water District Water Reclamation Facility. The corresponding changes to the Land Use Element as set forth in Exhibit E, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 52. The Lands Suitable for Residential Development (Exhibit H -1) of the Housing Element is hereby amended to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation. The corresponding changes to the Housing Element as set forth in Exhibit F, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 53. The Private Open Space and Recreational Facilities Lands Map (Exhibit OS -2) of the Open Space and Recreation Element is hereby amended to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation. The corresponding changes to the Open Space and Recreation Element as set forth in Exhibit G, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 54. The current Zoning Map is hereby amended to reflect the new Urban Mixed -Use North and Urban Mixed -Use South Zones, to change the Edison right -of -way and adjacent properties south of Holly Avenue, north of Grand Avenue, along Illinois Street from Open Space designation to Smoky Hollow Mixed -Use designation, and the actual boundaries of the City's Municipal Golf Course and the West Basin Municipal Water District Water Reclamation Facility. The corresponding changes to the Zoning Map as set forth in Exhibit H, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 55. The Summary of Existing Conditions Report, and the Summary of Existing Uses (Exhibit LU -1) of the Land Use Element and the Summary of Existing Conditions, Public Open Space and Recreational Facilities (Exhibit OS -1), the public facilities, the service standards, and Policy OS1 -1.10 of the Open Space and Recreation Element are hereby amended to reflect the actual boundaries of the City's Municipal Golf Course and the West Basin Municipal Water District Water Reclamation Facility. The corresponding changes to the Land Use Element and the Open Space and Recreation Element as set forth in Exhibit I, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 56. The Summary of Existing Conditions (overview) and the Proposed Land Use Plan (southeast quadrant) are hereby amended to reflect changes to the boundaries of the City's Municipal Golf Course and the West Basin Municipal Water District Water Reclamation Facility. The corresponding changes to the Land Use Element as set forth in Exhibit J, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 57. Land Use Element Policy LU 7 -1.7 is hereby added to address development standards for wireless communication facilities. The corresponding changes to the Land Use Element, as set forth in Exhibit K, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 58. Mayor Sandra Jacobs did abstain from and did not participate in the deliberations and decision on the following portions of the General Plan and Zone Text Amendments: 1. Section 20.42.020 E. - SB Zone (Service Station/Automobile Service) 2. Section 20.42.030 - SB Zone (Service Station/Automobile Service) 29 3. Section 20.42.040 D. - SB Zone (Service Station/Automobile Service) 4. Section 20.43.020 E. - MM Zone (Service Station/Automobile Service) 5. Section 20.43.030 - MM Zone (Service Station/Automobile Service) 6. Section 20.43.040 D. - MM Zone (Service Station/Automobile Service) 7. Section 20.43.060 C. - MM Zone (SHSP Height Bonus) g. Section 20.44.040 C. - GAC Zone (Service Station /Automobile Service) SECTION 59. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 60. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this — day of , 1997. ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark Hensley City Attorney 30 Sandra Jacobs, Mayor of the City of El Segundo, California pAzoning \ea405 \ea405.ord 0 ].12 City Council Ordinance No. 1„ 272 EXHIBIT A REVISED: JUNE 3, 1997 Page lof 1 c 0 m (n c w F" > E c Z= 0 W o a) m ow 0 Z U- Rs o > a' U- 000 0 a� c a� E o v m ) m � c x_ 4) 72 W Q � •c •� u o O z t E �1 W R� Cli ' Q 01 p C = 1 0 m Q) Qv = C L to rn ai -J W m. W zcn ?a0 Z01 a0 J 2 13E t L - E� 00 zcn E V E 0-0 v> (� Li c 0 VOA -@ X t�`a O _k vs L. � o; W C t (D w o C a ca C E- ev o d 0 o e� Q) U 0010 V c a� E o m > ) m � c a) 4) 72 W O z t E �1 W R� Cli ' Q 01 p C = 1 0 NtnF Q) -dam w000 City Council Ordinance No. 1272 EXHIBIT B COMMERCIAL DESIGNATIONS Urban Mixed -Use North Permits a mixture of office, research and development, retail, and hotel uses. Light industrial uses conducted within a fully enclosed building shall be permitted if approved with a discretionary application. The maximum floor area ratio (FAR) is limited to 1.3. Urban Mixed -Use South Permits a mixture of office, research and development, retail, and hotel uses. Light industrial uses conducted within a fully enclosed building and adult- oriented businesses shall be permitted if approved with a discretionary application. The maximum floor area ratio (FAR) is limited to 1.3. General Plan • Land Use Element Page 3 -7 Proposed Land Use Plan Northeast Quadrant On the 1992 Land Use Plan, the majority of the northeast quadrant is designated either Corporate Office (193.4 ac) or Urban Mixed -Use (279.0 ac). Corporate Office allows a mixture of office uses with retail in the lobby. This designation covers the "Superblock Area" and will allow uses similar to those currently in that area. The Urban Mixed -Use North and South designations allow a mixture of uses, including office, hotels, and retail and light industrial with discretionary approval. The Urban Mixed -Use North and South designations are designed to allow for a flexibility of uses near the three existing, and one future, Green Line transit stations. For the most part, the types of uses allowed are different from the light and heavy industrial uses currently in this area. These designations will accommodate a transition from these uses, which is being driven by the market forces described in the Economic Development Element. Southeast Quadrant The majority of the southeast quadrant is designated light industrial (365.9 ac). This category allows for a mixture of light industrial and office uses, similar to what is now existing in some of the business parks between Douglas Street and Aviation Boulevard. The southern portion of the quadrant, along Rosecrans Avenue west of Aviation Boulevard, is designated as Urban Mixed -Use South, allowing a mixture of office, hotel, and retail uses. This area totals 70.6 acres. The northeast corner of Rosecrans Avenue and Sepulveda Boulevard (84.8 ac), currently occupied by Air Products and Allied Chemical, are designated for heavy industrial. There is a small commercial piece (0.9 ac) along Sepulveda Boulevard, just south of El Segundo Boulevard. General Plan • Land Use Element Pages 3 -10 & 3 -11 zoning\ea- 405 \exhibits \golf- c \exh -b.cc Page 1 of 1 0 114 City Council Ordinance No. 1272 EXHIBIT C SUMMARY OF EXISTING CONDITIONS REPORT Northwest Quadrant The northwest quadrant of the City has the most varied mix of uses within the City. All of the Citys residential units, the Downtown area, the Civic Center, and the older industrial area of Smoky Hollow, are located in this quadrant. The 1992 Plan retains the three residential designations found on the old Plan: single-family, two - family, and multi - family, plus a new designation of Planned Residential Development. The Plan shows 357.2 acres of single - family, 57.4 acres of two - family, 119.3 acres of multi - family and 5.7 acres of planned residential development. This includes the re- designation of Imperial Avenue School, which is no longer used for educational purposes, from Public Facility to Planned Residential Development. The total number of dwelling units projected by the Plan is 7,675. One of the major goals of the 1992 Plan is to preserve the residential neighborhoods. The Smoky Hollow area, which houses many of the Citys older industrial uses, has been designated Smoky Hollow Mixed -Use, in recognition of the existing Smoky Hollow Specific Plan. The Specific Plan allows a combination of industrial, retail, office, and residential uses. The Smoky Hollow area is approximately 94.3 acres. The 30 -acre Downtown area is designated as Downtown Commercial, where existing uses are already of a community- serving nature. There are also 7.1 acres designated for Neighborhood Commercial uses along Grand and Imperial Avenues and at Mariposa and Center Streets. These have been designated only where there are existing neighborhood- serving commercial uses. The public schools, private schools, Civic Center, Library, and other public uses are all shown as Public Facilities. In addition, each of the existing public parks are designated as such. The open space areas under utility transmission corridors and the preserve for the Blue Butterfly are designated as Open Space. The areas designated for parking on the Plan include public- and privately -owned lots which are necessary to serve existing businesses and the Downtown area. The southwest corner of Sepulveda Boulevard and Imperial Avenue is designated Corporate Office (17.8 ac) allowing a mix of office uses, similar to what exists there now, with retail in the lobby. There are General Commercial uses indicated along Sepulveda Boulevard, where there are existing commercial uses including the Hacienda Hotel. There is also one General Commercial area along Imperial Avenue, where the Crown Sterling Suites Hotel now exists. General Plan • Land Use Element Page 3 -9 Buildout Projections Each exhibit shows the amount of acreage by land use designation and number of dwelling units or square footage projected, where appropriate. The total number of dwelling units increases on the 1992 Plan because of land designated for a higher intensity residential use that has not yet been developed to its allowed density. The projected 7,675 dwelling units would house an estimated population of 17,269 people. In addition, the projected non - residential buildout of the 1992 General Plan is less than the projected buildout of the previous General Plan. This is due to the fact that some allowed FAR's were lowered in order to project a more realistic and achievable buildout scenario. General Plan • Land Use Element Page 3 -12 zoning \ea - 405 \exhibits \edison \exh -c.cc Q Page 1 of 1 l i �� City Council Ordinance No. 1272 EXHIBIT D SUMMARY OF EXISTING CONDITIONS Demand for Housing Based on the City's 1992 Land Use Element, it has been calculated that the City would reach residential build out at 7,675 units. This figure includes vacant residential land and underdeveloped land (property with less than 50 percent of its allowable density), which creates a net increase of 485 units. Under the 1985 General Plan, buildout was calculated at 7,735 units. As required by State guidelines, other sites that may be suitable for residential development have been identified. The El Segundo Planning Department conducted a survey of vacant, underdeveloped, and recyclable land within the City. This survey, indicated in Exhibit H -1, illustrates acreage and land use designations of the properties. In January 1990, the El Segundo Air Force Base was scheduled for closure due to the lack of affordable housing for military personnel in the South Bay region. Previously, the Air Force was considering El Segundo as an option for the location of 250 townhouse -style units. However, recently the Air Force has been negotiating instead to build new housing in San Pedro at the Fort McArthur military site. The City Council has supported the concept of subsidizing market rents, through a Joint Powers Association (JPA), for military personnel employed at the Air Force Base in El Segundo until housing can be built to accommodate them. The 1988 Smoky Hollow Specific Plan identified 14.0 acres as suitable for medium density residential. This site is currently occupied by existing light industrial uses. One residential project known as Grand Tropez has been developed providing 88 units. The remaining available 10.02 acres, which could be developed for residential, would provide 180 units based on the General Plan density. Existing infrastructure which serves the existing light industrial uses within the Smoky Hollow Specific Plan area would be adequate to serve residential uses. Based on the 1992 Land Use Element for the City of El Segundo, it is not feasible for the City to obtain its SCAG 2010 projection of 1,350 additional units over the next 19 years. Buildout has been identified at the addition of 485 units to a total buildout of 7,675 units. It can be estimated, based on the Planning Department log book, that applications for 302 units were submitted or approved from January 1989 through February of 1991. Based upon construction /demolition estimates for those two years, it can be estimated that a net increase in housing of 25 to 60 units can be expected annually for the next two years. Based on historical trends, which indicate the City typically adds an estimated 40 units a year to its housing stock, the City would reach its buildout of 7,675 units in the year 2003. The current growth rate and the limited number of units available under the 1992 Land Use Element buildout calculation illustrates that it is not reasonable or obtainable to reach the SCAG 1988 Regional Housing Needs Assessment (RHNA) projection of 1,148 additional units by 1994. General Plan • Housing Element Pages 5 -3, 5 -4, 5 -6 p: \zonin 9 \ea- 405 \exhibits \edison\exh -d.cc Page 1 of 1 0 116 City Council Ordinance No. 1272 EXHIBIT E 1992 General Plan Summary of Existing Trends Buildout Use Cate o Acres Dwellin Units S uare Footage FSingle-Family Residential 357.2 2,858 --- Residential 57.4 934 idential 5.7 65 --- Multi- Family Residential 119.3 3,379 --- Neighborhood Commercial 7.1 85 100,000 Downtown Commercial 30.4 86 1,237,000 General Commercial 44.3 - -- 1,930,000 Corporate Office 211.2 - -- 12,351,000 Smoky Hollow 94.9 268 2,019,454 Urban Mixed -Use North 279.0 - -- 15,799,212 Urban Mixed -Use South 70.6 - -- 3,997,936 Parking 15.8 --- - -" Light Industrial 356.1 - -- 18,529,000 Heavy Industrial 1,086.8 - -- - "" Public Facilities 91.7 " -- Federal Government 90.6 - -- -" Open Space 83.7 --- Parks 50.0 - -- ' -' Street & Railroad R.O.W. 442.6 --- -"- Totals 3,494.4 7,675 55,963,602 Population Projection 17,269 Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonfonforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan. The heavy industrial shown on this plan includes the Chevron Refinery, Southern California Edison Generation Station, Air Pioducts and Allied Chemical facilities. These facilities have processing equipment and tanks rather than buildings and are expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown. Source: City of El Segundo Planning Department and The Lightfoot Planning Group General Plan Amendment (GPA 97 -1) I C I T Y O F E L 5 E G U N D O G E N E R A L P L A N J 1992 General Plan Summary of Existing Trends Buildout Page 1 of 1 exhibit LU-3 0 ! 1 '7 City Council Ordinance No. 1272 EXHIBIT F Net Potential Units equals total new units less those lost through intensification of underdeveloped land (i.e., R -1 to R -2 or R -3) and recycling of residential land to non - residential uses (i.e., R -3 to Commercial). Source: The Lightfoot Planning Group General Plan Amendment (GPA 97 -1) C I T Y OF EL S E G U N D O G E N E R A L P L A N F--- Lands Suitable for Residential n�bit Development Page 1 of 1 118 City Council Ordinance No. 1272 EXHIBIT G Page 1 of 1 _ 4 s 3 0 < d W N o � 1 1 V L n w W O Y O O C N O W J Page 1 of 1 _ N N I I � 1 1 r I ' I Z c z I:I z I N v V b LL C O c� u v c � v u L C v O v i 0 119 City Council Ordinance No. 1272 EXHIBIT H REVISED: JUNE 3, 1997 v aylu I WN I LL a ( U) 6 m U U d. Q V- (n 0) U O C mapa 0.001 0 •o cc .. .-. N ...0 (n Ln (n U C U C m J 3 'o N N —m E C7 Q� C � � O z010a o 0 Z IL? U M ki E t°0Z (nn N E E v Ev `m m 0 N E E» p U Q C z V O X X t�6 Q «O W W C Lm C C m m C pp �az0()=) > U 00 00101 1 O N 0 O p p 0 ,� � � a � m m w � . v v -- N N N m =:2 X X W � ui O N r C C Q Epp O cm Fu; m a� E E W .2 C. rno c =b v p c 3 m m a� �n 9 a v X000 11 a 0 120 City Council Ordinance No. 1272 EXHIBIT I SUMMARY OF EXISTING CONDITIONS REPORT The City has excellent open space and recreation facilities, which exceed the State suggested standards. These areas include publicly -owned parks, private parks, a publicly -owned beach area open for public use, utility rights -of -way that have been used for park and open space areas, a publicly owned golf course and driving range, and the Chevron -owned preserve for the El Segundo Blue Butterfly. General Plan - Land Use Element Page 3 -4 SUMMARY OF EXISTING CONDITIONS REPORT The City of El Segundo has a wide variety of open space and recreational resources. For purposes of this Element, they will be grouped into two categories: publicly -owned resources, and privately - owned resources. See Exhibits OS -1 and OS -2. The publicly -owned resources include ten public parks, three school sites, a utility transmission corridor, a golf course and driving range, a recreation facility, and a beach area. The public facilities contribute a total of 90.47 acres of open and recreational space to the City of El Segundo. The privately -owned facilities include three parks, two utility transmission corridors, landscaping, a wildlife preserve, and three recreational facilities. The private facilities account for a total of 122.99 acres. The entire open space and recreation inventory for the City of El Segundo totals 213.46 acres. General Plan - Open Space and Recreation Element Page 6 -2 SUMMARY OF EXISTING CONDITIONS Public Facilities The City of El Segundo owns and operates the Urho Saari Swim Stadium and a golf course and driving range for public use. The swim stadium is 0.46 acres in size and is operated by the El Segundo Recreation and Parks Department. The facility offers a variety of aquatic activities for the enjoyment of all ages. The 9 -hole municipal golf course and driving range is 27.9 acres in size. General Plan - Open Space and Recreation Element Page 6 -7 Service Standards The Subdivision Map Act (Chapter 4, Article 3, Section 66477[b]) allows the dedication of 3.0 acres of park area per 1,000 population. However, if the amount of existing neighborhood and community park area exceeds that limit, the City may adopt a higher standard, up to 5.0 acres /1,000 population. El Segundo has a total of 85.21 acres of park land that is available to the public (excluding the indoor recreational 0.46 swim facility). Utilizing the 1990 Census Page 1 of 4 0 ]21 City Council Ordinance No. 1272 EXHIBIT I population figure of 15,223, the City of El Segundo operates at a park land to population ratio of 5.60 acres /1,000 population. See calculations below. 1. 821 acres = X acre 15,223 pop. 1,000 pop- 2. (15,223 pop.) x (X acres) = (85.21 acres) x (1,000 pop.) 3. X acres = 15,223 pop. 4. X = 5.60 acres per 1,000 population Because the City exceeds the allowable 3.0 acres /1,000 population standard ratio, it is able to adopt the higher park land to population ratio of 5.0 acres /1,000 population. General Plan • Open Space and Recreation Element Page 6 -9 Policy OS1 -1.10 Support and encourage the operation, upkeep and public use of the existing public golf course and driving range facility. General Plan • Open Space and Recreation Element Page 6 -11 Page 2 of 4 p:\zoning \ea405 \exhibits \golf- c \exh -i.cc 0 122 City Council Ordinance No. 1272 EXHIBIT I Summary of Existing Uses Land Use Category Acres Dwelling Units Square Footage Single - Family Residential 397.9 3,183 -'- Two- Family Residential 45.7 810 - -' Multi- Family Residential 89.2 3,026 --- Neighborhood Commercial 41.9 85 900,000 General Commercial 21.3 86 1,208,000 Corporate Office 235.2 - -- 10,573,000 Light Industrial 525.2 - -- 10,232,000 Heavy Industrial 1,265.6 - -- 4,511,000 Parking 6.5 - -- - -- Public Facilities 77.8 Federal Government 96.5 --- Open Space 165.1 - -- -" Street & Railroad R.O.W. 442.6 --- - ' Vacant 83.9 --- Totals Page 3 of 4 3,494.4 7,190 27,424,000 1990 Population 15,223 Source: City of El Segundo Planning Department and The Lightfoot Planning Group General Plan Amendment (GPA 97 -1) C I T Y OF EL S E G U N D O G E N E R A L P L A N r---- exhibit Summary of Existing Uses LU -1 Page3of4 t 23 Panes 4 of d Z i Z L is 'l. } 0 W LL. C O W V CC W V CL V) C a O V_ A 0 124 City Council Ordinance No. 1272 EXHIBIT 1 � a V V O > e � < Y '' O � n• r V V 6 — y �� Y G Wr M n N .p n O O�.�i • M �' i P . 1 3 Panes 4 of d Z i Z L is 'l. } 0 W LL. C O W V CC W V CL V) C a O V_ A 0 124 City Council Ordinance No. 1272 EXHIBIT J SUMMARY OF EXISTING CONDITIONS OVERVIEW The City has excellent open space and recreation facilities, which exceed the State suggested standards. These areas include publicly -owned parks, private parks, a publicly -owned beach area open for public use, utility rights -of -way that have been used for park and open space areas, a publicly owned golf course and driving range, and the Chevron -owned preserve for the El Segundo Blue Butterfly. General Plan • Land Use Element Page 3 -4 PROPOSED LAND USE PLAN Southeast Quadrant The remaining land in the southeast quadrant is designated as public facilities for the Green Line station along El Segundo Boulevard and the proposed water reclamation facility north of Hughes Way, parks for the Golf Course and Driving Range along Sepulveda Boulevard, and open space along the Southern California Edison transmission line rights -of -way. The privately -owned park for Hughes employees is also designated as open space, to ensure it will continue to be used as a recreation facility. General Plan • Land Use Element Page 3 -11 p:\zoning\ea405\exhibits\golf-c\exh-i-cc Page 1 of 1 r. City Council Ordinance No. 1272 EXHIBIT K Land Use Element Policy LU 7 -1.7 Develop standards for Wireless Communication Facilities, to regulate their location and design, to protect the public safety, general welfare and quality of life in the City. General Plan • Land Use Element Page 3 -29 Page 1 of 1 0 1� � EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 (Held over from June 3, 1997) AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Request by South Bay Economic Development Partnership for Council and staff participation to plan and implement an economic development and marketing strategy to retain and create jobs and to stimulate economic growth for the South Bay. Fiscal impact: Approximately $2,000 per year after the first year in addition to Council and staff time. RECOMMENDED COUNCIL ACTION: Discussion and possible action. INTRODUCTION AND BACKGROUND: On April 9, 1997, two Council representatives and the City Manager met with Joe Aro, Executive Director, who discussed the goals and objectives of the organization. The partnership is affiliated with the Economic Development Corporation of L.A. County and is one of four regional economic development organizations recently formed. DISCUSSION: The organization will depend on private and public investment. Several large corporations and organizations in the South Bay region have indicated a commitment to the partnership and include the South Bay Association of Chambers of Commerce, South Bay Council of Governments, TRW, Aerospace Corporation, GTE, Pacific Telesis Group, Mattel, The Daily Breeze, GTE, The Gas Company, Economic Development Corp. of LA County, California State University - Dominguez Hills, Browning- Ferris Inc., Sam Levy Investments, Little Company of Mary Health Services, Mar Ventures, Inc., Watson Land Company, CB Commercial, Inc., Hollywood Park, Dominguez Services Corporation, to name some. The organization will also apply for project specific funds through state and federal agencies with monies available for regional planning and economic development. The cost to the City would be $2,000 a year after the first year in addition to Council and staff time. Jan Vogel, Director of the South Bay Private Industry Council, has offered to pay the $2,000 membership for the first year. ATTACHED SUPPORTING DOCUMENTS: 1. South Bay Economic Development Partnership Fact Sheet 2. Draft Scope of Work FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $2,000 Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes X No ORIGINATED: Date: June 11, 1997 e'aH'a'nsen, Director of Economic 7 ED BY: Manager 'ION TAKEN: pstf.rp Date: June 11, 1997 n w EL SEGUNDO CITY COUNCIL MEETING DATE: June 3, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Request by South Bay Economic Development Partnership for Council and staff participation to plan and implement an economic development and marketing strategy to retain and create jobs and to stimulate economic growth for the South Bay. Fiscal impact: Approximately $2,000 per year after the first year in addition to Council and staff time. RECOMMENDED COUNCIL ACTION: Discussion and possible action. INTRODUCTION AND BACKGROUND: On April 9, 1997, two Council representatives and the City Manager met with Joe Aro, Executive Director, who discussed the goals and objectives of the organization. The partnership is affiliated with the Economic Development Corporation of L.A. County and is one of four regional economic development organizations recently formed. DISCUSSION: The organization will depend on private and public investment. Several large corporations and organizations in the South Bay region have indicated a commitment to the partnership and include the South Bay Association of Chambers of Commerce, South Bay Council of Governments, TRW, Aerospace Corporation, GTE, Pacific Telesis Group, Mattel, The Daily Breeze, GTE, The Gas Company, Economic Development Corp. of LA County, California State University - Dominguez Hills, Browning- Ferris Inc., Sam Levy Investments, Little Company of Mary Health Services, Mar Ventures, Inc., Watson Land Company, CB Commercial, Inc., Hollywood Park, Dominguez Services Corporation, to name some. The organization will also apply for project specific funds through state and federal agencies with monies available for regional planning and economic development. The cost to the City would be $2,000 a year after the first year in addition to Council and staff time. Jan Vogel, Director of the South Bay Private Industry Council, has offered to pay the $2,000 membership for the first year. ATTACHED SUPPORTING DOCUMENTS: 1. South Bay Economic Development Partnership Fact Sheet 2. Draft Scope of Work FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $2.00 Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes X No ORIGINATED: Date: May 28, 1997 Hansen, Director of Economic Develo BY: W. Morrison, C N TAKEN: sbedpstf.rp Date: May 28, 1997 0 1121 O SOUTH BAY ECONOMIC DEVELOPMENT PARTNERSHIP FACT SHEET ORGANIZATIONAL GOAL As a partnership of business, labor, education and government, plan and implement an economic development and marketing strategy to retain and create jobs and to stimulate economic growth for the South Bay. OBJECTIVES • Develop and implement an economic development strategic plan to ensure the South Bay's competitiveness in a global economy. • Market the South Bay internally and externally to retain, attract and create jobs. • Provide one -on -one business retention and attraction assistance. • Work as a public/private partnership to maximize a business friendly environment that supports and improves the South Bay's quality of life. • Facilitate programs with local education and job training partners to ensure a strong and diverse work force essential to the South Bay's competitiveness. Become the primary source of South Bay economic development information. • Communicate the impact of federal, state and regional legislation and regulations affecting South Bay's competitiveness. • Provide resources that stimulate cooperation within the South Bay. WHY A REGIONAL APPROACH? Economic impact does not respect city, county or state boundaries. With competition for business and economic benefit becoming ever more fierce on a regional basis, the days of a self - contained community are gone. To respond to this challenge, we must adjust our approach to economic issues and work together for the long tern vitality of the South Bay's economic base and quality of life. 0 1.20 Fact Sheet Page Two Funding for this private non - profit organization will be generated through investment by both the public and private sector located in, or doing business within, the South Bay. Additional project specific funds will be applied for through state and federal agencies with monies available for regional planning and economic development. Those firms and /or agencies committed to the Partnership are: The Aerospace Corporation GTE Browning -Ferris Inc. Watson Land Company California State Univ. - Dominguez Hills Carson Chamber of Commerce The Carson Companies Redondo Beach Chamber of Commerce Dominguez Services Corporations Economic Development Corp. of LA Co. The Gas Company Sam Levy Investments South Bay Assoc. Chambers of Commerce TRW Space and Electronics Group Little Company of Mary Health Services d: \sbedp \facts.doc CB Commercial, Inc. Pacific Telesis Group Mattel, Inc. The Daily Breeze City of Torrance Hollywood Park City of Carson South Bay Council of Governments Southern California Edison Torrance Area Chamber of Commerce Mar Ventures, Inc. April 8, 1997 n 130 Draft Scope of Work 1. INDUSTRYANALYSIS A. Industry Cluster Study (RFP Tasks I -A, II -A, and 1I -C) Di`?"AFT (Economic Roundtable) Use data bases developed by the Economic Roundtable for the SELAC study to conduct a fine - grain analysis of the entire South Bay industry base and identify currently significant and emerging industries, common trends, and cluster groupings. This study will identify size, employment trends, locational quotients, and value of sales in currently important and emerging industries. In addition, the Economic Roundtable will produce an industry profile for each participating community. Findings from the South Bay industry analysis and input- output modeling will be used to identify growth industries, clusters and networks. This information will be analyzed and synthesized with information from the community and other studies conducted as part of this project to identify: Impacts of major industries in terms of personal income, sales, employment 2. Barriers to growth Incentives needed for further growth 4. Currently available and needed resources and support for industries (training, infrastructure, planning and zoning codes, etc.) E. Input - Output Analysis (David Rigby) Perform input- output modeling to identify and quantify South Bay industry linkages and networks. Produce two indices of industry linkages: A matrix for each major defense - linked industry in the South Bay showing industry linkages. 2. Create an index of South Bay industry linkages for high technology industries between which there are unusually high flows of goods and services. Use this input- output information to identify and quantify inter- industry linkages that are the foundation of the South Bay economy, and to determine if there are opportunities to attract industries that are under - represented in the South Bay and would benefit from moving to the South Bay to be in closer proximity to key suppliers or customers in their production chain. C. Analysis of SaNh Bay Defense Comracis (Beltramo and Associates) Analyze DoD data for contract awards to sites in South Bay communities and seek prime contractors' subcontract data to provide specific information about subcontracting issues and opportunities. To the extent possible with available data, identify: 1. Major contracts which may end or are up for renewal within the next twenty -four months. 0 131 2. Potential new contracts for which firms located in the South Bay may compete within the next twenty -four months. 3. Types of subcontracts which South Bay subcontractors are most and least successful in obtaining. D. Strategy to Obtain More Subconiracis fur local Firnrs (Economic Roundtable) / - t Develop a strategy by which South Bay cities and large prime contractors can achieve a common ✓ end, a growing workforce productively and profitably employed in producing a product sought by customers. Elements of the strategy will be developed and validated in collaboration with participating cities and major South Bay firms and may include: 1. Recommendations for creating an inter -city coordinating structure to improve how defense firms perceive the business environment, and work cooperatively with firms to secure more funding for local facilities and subcontractors. 2. Monthly, policy -level meetings of major aerospace firms and adjacent cities to identify political priorities, solve problems, act on issues affecting business viability, support growth, and explore economic development support for commercializing promising new technologies. 3. A forum for dialogue with prime contractors and the region's congressional delegation regarding outsourcing of contract funds awarded to South Bay sites with the objective of understanding and correcting business environment problems, and building political support for local jobs. 4. An education and outreach program to strengthen local firms' ability to successfully compete for subcontracts. E. Technology Transfer Su-caek, (Economic Roundtable) Analyzing the feasibility and current status of technology transfer /commercialization efforts in the South Bay and prepare: 1. An inventory of activities 2. An evaluation of activities 3. A review of best practices in the South Bay and elsewhere Based on this information, consult with community stakeholders and major firms to review, revise and augment a strategy including action elements such as: 1. Public sector leadership in convening firms to explore commercialization of technologies the public sector can buy —e.g., communication networks for police, transportation technology, data management, or environmental technology. 2. Use of local economic development tools to reduce risks for firms entering new markets. 3. Discussions with large firms to encourage spin -offs, and use of economic development to help spun -off groups. 2 0 13? 4 2 Promotion of joint ventures between aerospace firms and commercial firms to support entry into new markets. ANALYSIS OF DEFENSE-LINKED SITES A. Inventory of Sites (RFP Tasks I -C and II -B) (Economic Roundtable) Obtain site data from cities, major aerospace/defense firms, commercial real estate brokers, and Economic Roundtable data bases which provide information on approximately 800 defense - linked firms in the South Bay. B. SQL.IGIS Data Base (USC Department of Geography GIS Lab) Construct a SQUGIS data base with information fields for: • address • total square footage • acreage • building characteristics • ownership • availability • environmental issues contact persons site zoning Import data on current and former defense- linked sites in the South Bay from all available sources. Produce base maps for the project to display the data. C. Overview of South Bay Real Estate Market (KMG Consulting) Interview major developers, brokers, property owners, and city officials to understand strengths and weaknesses of the local economy and specific real estate assets. Analyze historical trends in absorption, vacancy lease rates, construction, etc., for office and industrial uses in Los Angeles County and the South Bay. D. Identify Ten Targei Sites (Economic Roundtable and KMG Consulting) Review the site information data base with the Commission, cities and SBACC /SBEDP to identify ten sites that it is most important to the region to redevelop and that need public sector intervention for redevelopment to occur. E Profile of Ten Target Siie.s (Economic Roundtable and KMG Consulting) Develop a profile of each target site that includes: • size and zoning • facility description • all known environmental conditions • sellers' plans and experience -to -date • zoning and site use requirements • availability of redevelopment, enterprise zone, and other economic development tools 0 1,33 3 F. Baseline Scenario for r 7argel Sires (KMG Consulting) Develop a baseline scenario of what is likely to happen to the ten sites under current market conditions in the absence of public sector participation in supporting the redevelopment process. This market analysis will include: • an estimated market absorption schedule for each site • identification of likely uses for each site under foreseeable market conditions • valuation analysis for each site based on recent sales data for comparable land and buildings G. Identify Potential Users of Silas (Economic Roundtable) Information from industry cluster analysis and input- output modeling will be used to identify target industries and potential developers for the ten priority sites. Criteria will include: • Industries identified by the Economic Roundtable as requiring workers with aerospace- related skills and likely to hire laid -off workers. • Industries identified through input- output modeling as having intense linkages with industries already concentrated in the South Bay. • Industries identified through the industry analysis as growing in, or candidates for locating in, the South Bay. Growing South Bay firms that may need larger sites. H. Site Development Sircuel y (Economic Roundtable and KMG Consulting) Identify opportunities for attracting firms from target industries to the ten sites through contacts with commercial real estate brokers and a list for firms generated by the Economic Roundtable. Cities will be asked participation in exploring infrastructure, financing, and /or land use regulation adjustments needed to make site redevelopment feasible. After exploring broker and business responses to the ten sites, the project team will consult with stakeholders about channeling site marketing efforts into focused planning/negotiations for one or more sites. The project team will support through a mix of the following support services to be determined by the Commission and SBACC /SBEDP: • Facilitating meetings of cities, brokers, sellers and buyers to explore site development opportunities and barriers. • Providing expert, objective real estate marketing analysis so that participating cities have credible, reliable information about gap financing requirements and necessary infrastructure improvements to use in assessing the support they can and should offer for redeveloping sites. • Producing economic benefit analyses, site requirements, and written strategy recommendations. • Interviewing location consultants of targeted industries to establish economic parameters required to attract such industries to the South Bay. • Recommending alternatives for cities to assist in reducing costs, i.e., zoning changes, increased FAR, assessment districts to fund major improvements, fee waivers, etc. 4 0 134 3. COMMUNITY INFRASTRUCTURE FOR ECONOMICDEVEI.OPMENT (Task I -B) A. Review Relevant Reports and Data (Economic Roundtable) Analyze and assess data and reports related to community infrastructure and business environment requirements for retaining and attracting firms provided by cities, schools, EDCs, real estate brokers, universities, and utilities, as well as reports previously prepared by the Economic Roundtable. B. Topic - Oriented Community Slakeholder Meeting. (Economic Roundtable) Hold six topic- oriented meetings with community stakeholders to produce recommendations and action plans related to priorities for developing the South Bay's economic infrastructure. Possible topics, which may be modified after consultation with the Commission and SBACC /SBEDP include: human resources, finance, educational institutions, physical improvements, political and technical support, and quality of life. S. CREATE SOUTH BA Y ADJUSTMENT STRATEC; Y Based on an analysis of the South Bay's strengths, weaknesses, opportunities, and threats, develop a comprehensive economic development strategy to achieve goals generated interactively with community stakeholders. The strategy report will include data and analysis developed through tiie tasks described above and will also address: Recommendations for 01- ganiza/ionu! Sn•rrcnire Recommendations for a long -term organizational structure that reflect outcomes from consultations with stakeholders, specific consultations around organizational structure, and project findings. 2. Strategy for Employment Training and RetrainilW Use currently available data, including material prepared by the Economic Roundtable for the U.S. Department of Labor as well as the SELAC study, to identify characteristics of workers needing retraining and potential absorption industries in the South Bay. Incorporate findings from visits to aerospace retraining programs offered by private industry councils serving the South Bay. 3. Action/Implementalion Steps Integrate data from Parts I and 11 of the study, including GIS mapping of project data, into an Adjustment Strategy, and prepare detailed action and implementation steps. 4. Regional Business Plan Prepare a regional business plan with recommendations for financing the Adjustment Strategy using information produced in this project as well as resource material from South Bay cities, economic development agencies and Southern California Edison's business retention office. Twenty bound copies as well as an unbound original copy of the Adjustment Strategy will be printed and delivered to the Commission after final approval by the Commission. 5 130 EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 1997 AGENDA HEADING: COMMITTEES AGENDA ITEM'STATEMENT AGENDA DESCRIPTION: Appointments made by the City Council on Tuesday, June 10, 1997 to the various Committees, Commissions and Boards ( "CCBs "). RECOMMENDED COUNCIL ACTION: (1) Announce the appointments and respective terms of office, to the various Committees, Commissions and Boards. (2) Continue recruitment of additional applicants for the Senior Citizen Housing Corporation Board until 5:00 p.m. on Friday, July 11,1997. Committee: Appointee: Term Expires: Economic Development Advisory Council Gary Bruce Horowitz 4 yr. unlimited term - exp. 6/30/01 Planning Commission Brian Crowley Recreation & Parks Commission Debbie Bundy 4 yr. term - exp. 5/30/01 Recreation & Parks Commission Sandra Romero 4 yr. Bernice Whitcomb 3 yr. term - exp. 5/30/01 term - exp. 6/30/00 Library Board of Trustees BRIEF SUMMARY: ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Julia O. Abreu, Council Assistant D BY:Date: N TAKEN: joa: \n: \ccb \appoint.agd Date: June 11, 1997 Date: June 11, 1997 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT 46A DESCRIPTION: MEETING DATE: June 17, 1997 AGENDA HEADING: Committees, Boards and Commissions Requirements for Park Vista Management Services Request for Proposal. RECOMMENDED COUNCIL ACTION: Approve request for proposal for Management Services of Park Vista Senior Citizen Housing Facility. INTRODUCTION AND BACKGROUND: The Agreement with Park Vista's Management Company, Community Housing Management Services will expire December 31, 1997. It is necessary to revise the previous RFP application and propose specific requirements and guidelines regarding management. DISCUSSION: The Senior Housing Board has prepared and now recommends approval, on the attached Request for Proposal for Management Services of Park Vista Senior Citizen Housing Facility. This document has been prepared by the City Attorney with input from the Board, city staff and the Community Housing Management Services Company. It is the Board's intent, once approved by City Council, to issue this Request for Proposal in order to enter into a new management contract for the Park Vista Senior Housing Facility. ATTACHED SUPPORTING DOCUMENTS: Request for Proposals for Management Services of Park Vista Senior Citizens Housing Facility. FISCAL IMPACT: NONE (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: Date: June 6, 1997 i jy1t T eter, Freeman, Chairman Senior Housing Board ACTION TAKEN: 97617pvm,rfp 6/06197 1 0:50 a.m. EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION, AKA "PARK VISTA" REQUEST FOR PROPOSALS FOR MANAGEMENT SERVICES OF PARK VISTA SENIOR CITIZENS HOUSING FACILITY June 10, 1997 El Segundo Senior Citizens Housing Corporation, aka "Park Vista" City Hall, 350 Main Street El Segundo, California 90245 LAX2:182472.1 0 1 38 Management Services RFP EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION, AKA "PARK VISTA" REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT SERVICES OF PARK VISTA SENIOR CITIZENS HOUSING FACILITY I. INTRODUCTION The El Segundo Senior Citizens Housing Corporation, aka "Park Vista" ( "Corporation ") seeks proposals to manage the Park Vista senior citizen housing facility ( "Facility ") for a three (3) year period. The successful proposer would provide management services for the Facility. The Successful Proposer would operate and maintain the Facility including, but not limited to the following: (1) the leasing and renting of units within the Facility (2) the collection of rents and other receipts, (3) the maintenance, landscaping, inspection and upkeep of the Facility, (4) properly insuring the Facility, and (5) the enforcement of leases. Further information regarding management services for the Facility, and further information about this RFP are provided in the following sections and in the Draft Management Agreement, which, by this reference, is incorporated into and made a part of this RFP. The Corporation invites proposals for the management of the Facility without regard to the prospective proposers' places of business or prior service areas in an effort to attract proposals from the widest possible range of qualified proposers. The Corporation seeks proposers to propose specific management practices which will ensure a high quality, cost - effective, safe, and livable Facility which serves both the residents of the Facility, the Corporation and the City of El Segundo at large. One (1) mandatory Pre - Proposal Conference will be held, at which time the Proposers will have the opportunity to inspect the facility. The Corporation reserves the right to hold additional mandatory conferences, as it deems necessary. The proposals called for in this RFP will be considered to be public information and will be available for public inspection, once the deadline for submission of the proposals has passed. Recommendations for modifications to the RFP or the Draft Agreements which will result in efficiency and economy are welcome, but should be specific and should propose substitute language when modifications are suggested. All recommendations shall be submitted in writing. LAX2:182472.1 0 1;? '� Management Services RFP II. GENERAL INFORMATION A. The Corporation The Corporation is a non - profit, public benefit corporation located within the City of El Segundo and the County of Los Angeles, California. B. Facility Description The El Segundo Senior Citizen Housing Project was developed and is wholly owned by the City of El Segundo. It is operated by the Corporation and its Board of Directors. The El Segundo Senior Housing Project "Park Vista," is located at 615 East Holly Avenue. There are 96 units available, divided among efficiency apartments of 414 square feet; small one- bedroom apartments of 520 square feet; and large one bedroom apartments of 610 square feet; handicapped units of 537 square feet are also available. All units are furnished with carpets, drapes, dishwashers, refrigerators and ranges. Each unit has an individual patio or balcony. The common outdoor areas are pleasantly landscaped. Features include elevators, laundry facility and meeting and recreation rooms. The maximum number of Residents in each apartment is two. Rents are substantially lower than rents for comparable units in the area. Due to the limited number of units available the apartments are assigned as they become vacant. (Residents having first priority to relocate.) The data contained in this RFP is for general informational purposes only. Proposers should not rely on this information for developing proposals. Instead, prospective proposers have the responsibility of ascertaining all facts upon which they rely in preparing and submitting their respective proposals. Further, the Corporation makes no warranty as to the accuracy of the information in this RFP and disclaims any responsibility for any factual statements which may be incomplete or inaccurate. LAX2:182472.1 2 0 140 Management Services RFP C. Corporation Goals and Objectives - Proposer Duties The Corporation's goal is to have the Facility managed by an operator which will ensure a high quality, cost - effective, safe, and livable Facility which serves both the residents of the Facility, the Corporation and the City of El Segundo at large. In that capacity, the operator will be responsible for providing, among other things, the following services: LAX2:182472.1 • Management support and advice to the Corporation, except for legal advice which shall be provided by the City. Said support shall include, but not be limited to, preparation of agenda items, attendance and participating in Board meetings of the Corporation and development of recommendations related to policies, procedures and the operation of Park Vista. • On -site management, 24 hours per day, seven days per week, in the form of one (1) 40 hour per week manager and two (2) alternating on -call individuals who will be on site when on duty. • Maintenance of a prospective tenants' waiting list on the basis of seniority. • Collection and maintenance of tenant rental agreements and operating records. • Maintenance of financial records acceptable to the auditors selected by the City Council to perform oversight of the activity. • Audits of financial records on an annual basis by a CPA, including the submittal of a management letter by the CPA directly to the Corporation. • Financial activities including the payment of all bills /invoices /payroll and the transmittal of idle funds to the City for investment purposes. • Collection of rents and maintenance of records relating to rental receipts, deposits, and related unit transactions. • Recommendations related to appropriate rents for the facility. • Enforcement of all lease provisions. • Development of a budget which shall be submitted to the Corporation by November of each year. Said budget shall identify those services /activities that are to be accomplished by employees versus those that will be accomplished by contract. 3 0 141 Management Services RFP • Procurement of needed services, materials and bids consistent with the adopted budget. • Hiring, supervision and discharge of all employees. • Procurement of insurance as directed by the Board. • Enforcement of Corporation approved policies and procedures. • Recommendations to the Corporation on a course of action when tenants do not meet tenant agreements and implementation of the Corporation's course of action. • Implementation of facility standard operating procedures. • An annual report summarizing the operational and financial activities of the facility in the previous budget year. • Recommendations related to the maintenance of the facility and its operations, including an annual five -year plan that projects issues and alternative solutions for Corporation consideration. • Report of all accidents that occur or are reported to have occurred at the facility. III. RFP PROCESS A. Process Integrity Guidelines for Proposers Given the scope of this Request for Proposals (RFP) and the Corporation's desire to award contracts in a timely manner and free of contention, the Corporation has instituted Process Integrity Guidelines for Proposers, as set forth in this Section IV.A of this RFP. These Process Integrity Guidelines for Proposers govern interactions between Proposers and the Corporation, and apply to prospective proposers upon receipt of this RFP and until the Corporation's staff recommendations are submitted to the Corporation's Board of Directors. LAX2:182472.1 • All contacts between the Proposer and the Corporation, except as to legal matters, are to be through Judy Andoe, Recreation Superintendant, c/o City Hall, 350 Main Street, El Segundo, California 90245, telecopier (310) 322 -7137. • Contacts by counsel or on legal matters are to be submitted in writing to the Corporation at the same address as given for the Corporation and at Burke, Williams 4 0 142 Management Services RFP & Sorensen, c/o Mark D. Hensley, 611 West Sixth Street, 25th Floor, Los Angeles, California 90017, telecopier (213) 236 -2700. • All substantive questions (i.e., other than questions about time and place of conferences, interviews, etc.) shall be submitted in writing, or asked at the pre - proposal conference. Any evidence which indicates a Proposer has failed to comply with the Process Integrity Guidelines set forth in this Section IV.A of this RFP may result in that Proposer's disqualification. Any questions regarding the Process Integrity Guidelines shall be in writing and shall be transmitted by telecopier and mail to the Corporation and to attorney Mark Hensley at the address listed above. Any written communication from the Corporation to a prospective Proposer will be transmitted simultaneously to all Proposers along with answers to written questions submitted. (Prospective Proposers must facilitate this process by providing their telecopier numbers to the Corporation). B. RFP Schedule The schedule for the RFP process is: Ag1jyhy Date • Mandatory Pre - Proposal Conference 3:00 p.m., Pacific Time October 1, 1997 • Final written questions due October 8, 1997 from proposers • Corporation sends written responses to questions October 15, 1997 • Proposals Due -3:00 p.m., Pacific Time October 24, 1997 • Corporation conducts Proposer interviews November 5, 1997 • Agreement(s) to Corporation Council for approval November 18, 1997 LAX2:182472.1 5 4/ � Management Services RFP • Beginning of Management Services January 1, 1998 By Proposer NOTE: THIS ESTIMATED SCHEDULE IS PRELIMINARY AND THE CORPORATION RESERVES THE RIGHT TO CHANGE THE SCHEDULE, AT ITS DISCRETION. C. RFP Exceptions and Questions Failure to take exception to the RFP and the Draft Agreement and to propose recommendations for modifications to the RFP or the Draft Agreement or the municipal code shall be deemed approval and acceptance of these documents and shall be deemed a waiver of the right to object to the terms of these documents. Proposers' Questions must be submitted in writing in accordance with the Schedule above, or be asked at the Pre - Proposal Conference. The Corporation will not be responsible for or be bound by any oral instructions, statements, interpretations or oral explanations issued by the Corporation, any officers, agents or representatives. D. Pre - Proposal Conference Attendance at the Pre - Proposal Conference is mandatory for All Proposers. Prospective Proposers whose designated representative(s) do not attend the Pre - Proposal Conference will not be allowed to continue in this RFP process. If a joint proposal is to be submitted, a representative from each firm with a substantial interest (representing more than thirty -three percent (3 3 %) of the total interest) must attend the Pre - Proposal Conference. E. Proposal Submittal This RFP calls for the submission of one proposal. Each original proposal and ten (10) copies should be firmly sealed in packaging that is clearly marked on the outside "EL SEGUNDO PARK VISTA MANAGEMENT REQUEST FOR PROPOSALS (RFP)" and mailed or delivered to: LAX2:182472.1 C'7 n Management Services RFP El Segundo Senior Citizens Housing Corporation City Clerk's office, City Hall 350 Main Street El Segundo, Ca 90245 Telephone (310) 322 -4670 F. Proposal Evaluation Review of Proposals. 1. Individual Proposal Criteria The proposals will be evaluated on the basis of the following criteria, which are not listed in any order of precedence or importance: (The Park Vista facility is not a HUD Housing project.) LAX2:182472.1 Service a. Operation and maintenance of a quality housing facility. b. Providing of a safe and protected facility and environment for all residents, recognizing the age and abilities of its residents. Including, but not limited to facilitating the need for relocation in the event that the health, safety or security of the facility or its residents may be compromised. C. Operating cooperatively with the Corporation and the City of El Segundo. The Property Supervisor is to attend Senior Housing Board meetings, a minimum of 12 meetings annually. d. Operating cooperatively with the residents of the Facility, including response to resident inquiries, complaints, and concerns; i.e., following all policies and procedures. e. Experience with operation and maintenance of a senior housing facility or related facilities. Cost Service Cost: Cost of managing the Facility. 7 0 145 Management Services RFP One rations Organization: Organization and qualifications of the Proposer. This includes an expla- nation of how the management and operations structure are linked; how the company(ies) foster communication and response to resident and Corporation inquiries; and demonstration of corporate ethics. Procedural Compliance: Proposer's compliance with RFP requirements. Financial and Risk Factors Financial Background: Financial projections, strategy and capability of the Proposer. Proposer shall also provide audited financial statements. A Proposer's financial information which the Proposer seeks to be held confidential must be clearly identified as such by the Proposer. Risks: Demonstrated to the Corporation the ability of the Proposer to handle risk factors in the contract including but not limited to: • Compliance with existing laws and regulations relating to all facets of operating a residential or senior housing facility; • Protection and indemnification of the Corporation and the maintenance of proper insurance coverage both for the Facility and the Proposed operator and manager of the Facility. Financial Reporting: Demonstrated record and capability of consistent and accurate financial reporting. 2. Interviews /Selection Process Based on the contents of the proposals, the interviews and any other information requested by the Corporation one or more Proposers may be selected for consideration at a Corporation Board of Directors meeting. The purpose of the Corporation's Board of Directors meeting will be to select the successful proposer. Corporation Staff will present the proposals submitted by each of the selected proposers. n LAX2:182472.1 ]46 Management Services RFP Prior to or at the Corporation Board of Directors meeting, proposers will be allowed and encouraged to amend their proposals to make them more competitive. Upon closing of RFP process, the Corporation will determine whether, and if so to which proposer, to award the Agreement. The Corporation reserves the right to continue the Corporation Board of Directors Meeting to a future date and time at any time during the consideration process. G. General Terms 1. Proposal Development and Acceptance Costs The cost of preparing and submitting a proposal is the sole responsibility of the Proposer and shall not be chargeable in any manner to the Corporation. 2. General Description of Award Upon conclusion of the RFP process, agreements will be awarded and executed as de- scribed. 3. Rights of the Corporation LAX2:182472.1 The Corporation's rights include but are not limited to the following: a. Issuing addenda to the Request for Proposals, for any purpose including extending or otherwise revising the time for submittal and changing the requirements of the RFP, including the services sought; b. Withdrawing or modifying the Request for Proposals; C. Reissuing the RFP. d. Requesting clarification and /or additional information from any Proposer at any point in the procurement process; e. Executing an agreement or agreements with one or more Proposers, on the sole basis of the original proposal or any negotiated additions to proposal submissions; and f. Rejecting any or all proposals, waiving irregularities in any proposal or requirements of the RFP, accepting or rejecting all or any part of any proposal and waiving any requirements of the Request for Proposals, as may be deemed to be in the best interest of the Corporation. 0 0 147 Management Services RFP 4. ConseQuence of Submission of Proposal a. Corporation shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal; b. Submission of a proposal to the Corporation obligates the Proposer to enter into an agreement with the Corporation as proposed; C. The Agreement shall not be binding or valid against the Corporation unless and until it is executed in writing by the Corporation (after approval by the Corporation's Board of Directors) and the selected Proposer, and the Proposer's Cash bonds and insurance have been accepted by the Corporation. 5. Certification of Proposal The submission of a proposal shall be deemed a representation and warranty by the Proposer that the Proposer has investigated all aspects of the RFP, that the Proposer is aware of the applica- ble facts pertaining to the RFP process, its procedures and requirements and that the Proposer has read and understands the RFP. No request for modification of the provisions of a proposal, or of the provisions of the Draft Agreement or this RFP shall be considered after its submission on the grounds that the Proposer was not fully informed as to any fact or condition. 6. Performance Bond The Successful Proposer(s) will submit Cash and Performance Bonds as provided in the Agreements. IV. INSTRUCTIONS FOR PREPARATION OF PROPOSAL A. Proposal Preparation Proposals must include a cover letter signed by an officer or agent of the Proposer who is duly authorized to bind the Proposer, along with a copy of the corporate resolution or other document establishing that the person submitting the proposal is authorized to do so. The original plus ten (10) copies of the proposal must be submitted in a separate envelope marked "MANAGEMENT SERVICES PROPOSAL." LAX2:1B2472.1 10 0 143 Management Services RFP B. Proposal Format LAX2:182472.1 The following proposal format must be used by the Proposer. 11 0 14� Management Services RFP TAB Contents of the Proposals Section Contents Transmittal letter 1 Executive Summary 2 Description of Proposed Services 3 Project Organization and Qualifications of Proposer 4 Risks and Contractual Obligations 5 Exceptions 6 Proposer's Financial Data 7 Representations and Certifications g Description of Proposed Contract Cost All pages of each proposal must be numbered consecutively through the document starting with the first page of the transmittal letter as page one. 1. Executive Summary In this section, the Proposer should discuss briefly, or outline, the highlights of your proposal. 2. Description of Proposed Services In this section explain how you propose to provide management services for the Facility as contemplated in this RFP. 3. Project Organization and Qualifications of Proposer This section should tell us about your company: describe the Proposer's expertise and experience. The following information should be included: LAX2:1B2472.1 a. Corporate /Agency Registry. Where is your firm incorporated? How long has your firm been providing service in California? If it has not provided service in California, state how it will become familiar with California requirements for managing a senior housing facility. Provide information on other states, if any, where you are incorporated, and what state and in what year your parent company 12 0 1.50 Management Services RFP was incorporated. Please provide a copy of the California Articles of Incorporation, if any. b. General description of the experience of the firm(s); C. Experience, including description of up to six (6) relevant projects, degree of in- volvement, names of clients and names and telephone numbers of client contact persons. d. Tell us about yourselves: Relevant service experience of key personnel who would provide services and a description of their backgrounds. Describe your proposed service plan for the project, including overall staffing, and percent commitment to Program, of specific staffing (such as management, opera- tions, mechanics and financial), including names of staff and titles, specify whether staff is new or existing. The Proposer must also include details of all pending litigation, including notices of violation, and pending criminal investigations against the Proposer or its parent or sister companies or joint venture company(ies) by any governmental entity against the Proposer or its parent for services relating to the operation or management of residential facilities or senior housing facilities, and all litigation against all governmental entities by the Proposer or its parent company or joint venture compa- ny(ies). 4. Risks and Contractual Obligations The Corporation requires that certain risks and contractual obligations be addressed in the proposal. The Corporation views protection against related claims and litigation as a matter of great importance. Please describe your approaches to: LAX2:182472.1 • Compliance with applicable laws and regulations regarding the operation of housing facilities; • Protection and indemnification of the Corporation and the maintenance of proper insurance coverage both for the Facility and the Proposed operator and manager of the Facility. 13 0 115 1 Management Services RFP 5. Excetions The Proposer must: a. warrant that it has reviewed the requirements of the project as described in this RFP and the Draft Agreement and any addenda; and b. specify and discuss any terms of the RFP and Draft Agreement that the Proposer cannot or does not propose to meet. 6. Pro.,poser's Financial Data a. If the entity which will sign the contract has been in existence for less than one (1) year, Proposer must provide sufficient financial data to substantiate to the Corporation's satisfaction the financial viability of the entity. Corporation makes no representation that it will be able to maintain the confidentiality of proposers' financial information. A Proposer who submits financial information which it asks to have treated as confidential should submit a statement justifying its treatment as confidential and label it as a separate exhibit, clearly identified as confidential and cross - referenced in the proposal. 7. Representations and Certifications Each Proposer must complete and sign EXHIBIT 1, THE REPRESENTATIONS AND CERTIFICATIONS FORM. The form must be signed by an officer or agent of the Proposer duly authorized to bind the Proposer and must be notarized. The Proposer must include a copy of the corporate resolution or other documentation showing that the person signing the Representations and Certifications is so authorized. 8. Proposed Bid Based on the service description of the proposed services, provide a proposed fee for performing said services, including any proposed increases over the term of the Agreement. 14 LAX2:182472.1 0 1.5? Management Services RFP EXHIBIT 1 REPRESENTATIONS AND CERTIFICATIONS FORM The "Representations and Certifications" consist of two parts. The first is a statement as follows: 11, [insert name of nroposer's official executing the Representation and Certificationl, represent and certify, on behalf of -insert name of entity or entities submitting Quality Service proposal that I am familiar with the information presented in the proposal, and that it is true an correct to the best of my knowledge and belief and that I am authorized to execute this Representation and Certification. Signed The second part of the Representation and Certification is a copy of the corporate resolution or other document establishing that the person making the Representation and Certification was authorized to do so. 1 -1 LAX2:182472.1 0 151 MANAGEMENT AGREEMENT This Agreement, effective 1997, is made by and between the El Segundo Senior Citizens Housing Corporation, aka "Park Vista" (hereinafter referred to as "Corporation ") and (hereinafter referred to as "Contractor "). Section 1 APPOINTMENT 1.1 ACCEPTANCE Corporation hereby contracts with Contractor, an independent contractor, to provide leasing services and manage the property described in paragraph 1.2 hereof upon the terms and conditions set forth herein. Contractor accepts the appointment and agrees to furnish the services of its organization for the leasing, management, repair, maintenance and landscaping of the Premises. 1.2 DESCRIPTION OF PREMISES The property to be managed by Contractor under this Agreement (the "Premises ") is known as Park Vista located at 615 E. Holly Ave., El Segundo, CA 90245, consisting of the land, buildings and other improvements described as an elderly housing project for independent living in the State of California. 1.3 TERM The term of this Agreement shall be for an initial period of three years (the "initial term ") from the _, 1997, to and including the _, 2000, subject to the provisions set forth in Section 19 "Termination" infra. 1.4 MANAGEMENT OFFICE Corporation shall provide an adequate furnished management office on the Premises. Corporation shall pay for postage and office supplies, utilities, and telephone necessary to carry out Corporation's obligations under this Agreement. 1.5 APARTMENT FOR ON -SITE STAFF Corporation shall provide a suitable apartment on the Premises for the use of an on -site manager, rent -free, except that such resident staff shall pay for their heat, utilities and telephone in the same manner as other tenants. The on -site manager's specific apartment shall be Corporation's choice. -1- LAX2:182476.3 1.6 ASSIGNMENT OF AGREEMENT This agreement may not be assigned or transferred to any other party by Contractor without first receiving the express written approval of Corporation and the City Council of El Segundo. Section 2 BANK ACCOUNTS The operating account established under this Agreement shall be with El Segundo First National Bank and shall at all times be in the name of, and owned by, Park Vista, but under Contractor's control. Contractor's designees shall be the only parties authorized to draw upon such account. However, Contractor's monthly management fee and all other checks in amounts in excess of $1,999.99 shall be countersigned by the Corporation President and /or Chief Financial Officer. No amounts in any accounts established under this Agreement shall, in any event, be commingled with any other funds of Contractor or it other clients. 2.1 OPERATING (AND /OR) RESERVE ACCOUNT(S) Contractor shall take over the previously established operating account(s) known as the Park Vista Operating Account(s), at the El Segundo First National Bank to be used for the deposit of receipts collected as described herein which deposits are insured by the federal government. Any other depository which may be used in the future shall be selected by the Corporation. Contractor shall not be held liable in the event of the bankruptcy or failure of any institution selected by Corporation. Funds in the Operating (and /or) Reserve Account(s) remain the property of Corporation subject to disbursement of operating expenses by Contractor as described in this Agreement. Contractor shall remit to Corporation, or directly deposit to a Reserve Account established by Corporation, the monthly Reserve amount from the rental receipts. 2. 1.1 INITIAL DEPOSIT AND CONTINGENCY RESERVE Immediately upon commencement of this Agreement, Contractor shall be substituted for the outgoing management company on the Operating Account at ESFNB. Contractor may conduct its own audit of the Operating Account. A contingency reserve account is maintained by Corporation, the funds therein to be used by the officers and /or directors of Corporation for the management and benefit of the Premises. 2.2 SECURITY DEPOSIT ACCOUNT Contractor shall, if required by law, maintain a separate interest bearing account for tenant security deposits and advance rentals. Such account shall be maintained in accordance with applicable state or federal laws, if any. Contractor shall obtain all existing security deposits from CPMI. -2- LAX2:182476.3 0 15r 2.3 FIDELITY BOND Contractor shall cause all personnel who handle or are responsible for the safekeeping of any monies of Corporation to be insured by a fidelity bond in the amount of $100,000.00 with a company to be selected by Contractor. Such bond shall be secured at Contractor's expense. Such bond shall name Corporation, its Board of Directors, and the City of El Segundo as an additional insured thereon. Section 3 COLLECTION OF RENTS AND OTHER RECEIPTS 3.1 CONTRACTOR'S COLLECTION AND BANKING AUTHORITY Contractor shall collect and receipt for all rents, charges and other amounts receivable on Corporation account in connection with the management and operation of the Premises. Such receipts (except tenants' security deposits and advance rentals, which shall be handled as specified in paragraphs 2.2 and 2.3 hereof; and special charges, which shall be handled as specified in paragraph 3.2 hereof) shall be deposited in the Operating (and /or) Reserve Account(s) maintained for the benefit of the Premises. 3.2 SPECIAL CHARGES If permitted by applicable law, Contractor may collect from tenants any or all of the following: an administrative charge for late payment of rent, a charge for returned or non - negotiable checks, credit reports, physicians and medical reports and all other expenses associated with people desiring to qualify to live on the Premises. 3.3 SECURITY DEPOSITS Contractor shall collect, deposit, and disburse tenants' security deposits in accordance with the terms of each tenant's lease. Contractor shall pay tenants interest upon such security deposits only if required by law to do so. Contractor shall comply with all applicable state or local laws concerning the responsibility for security deposits and interest, if any. Section 4 DISBURSEMENTS FROM OPERATING ACCOUNTS 4.1 OPERATING EXPENSES Subject to the terms set forth in Section 2 and other related matters set forth or referred to herein, Contractor is hereby authorized to pay the daily costs of operating the Premises. -3- LAX2:182476.3 0 15> 4.2 NET PROCEEDS To the extent that funds are reasonably available, Contractor shall transmit the cash balance of the operating Account to Corporation to be deposited in the Cash Contingency Reserve Account. Such periodic cash balances shall be remitted to the President and /or Chief Financial Officer at their then current addresses. Section 5 CONTRACTOR NOT REQUIRED TO ADVANCE FUNDS In the event that the balance in the Operating Account(s) is at any time insufficient to pay disbursements due and payable under paragraphs 4.1 and 4.2 above, Corporation shall, immediately upon notice, remit to Contractor, sufficient funds to cover the deficiency with an additional $5,000.00 for contingent operating expenses. In no event shall Contractor be required to use its own funds to pay such disbursements nor shall Contractor be required to advance any monies to the Corporation Security Deposit or the Operating Account(s). Section 6 FINANCIAL AND OTHER REPORTS 6.1 MONTHLY FINANCIAL REPORT By the 15th day of each month, or 3 days prior to the monthly board meeting, whichever is the later, Contractor shall furnish the members of the Corporation with a monthly financial statement of delinquent accounts, cash receipts and disbursements from the operation of the Premises during the previous month. In addition, Contractor shall, on a mutually acceptable schedule, prepare and submit to Corporation such other reports as may be required by Corporation. 6.2 CORPORATION'S RIGHT TO AUDIT Corporation shall have the right to conduct periodic audits of all applicable accounts managed by Contractor. The cost of such audit(s) shall be paid by Corporation. 6.3 ANNUAL BUDGET The Annual Operating Budget for Corporation will be prepared by Contractor with the Corporation Chief Financial officer to be submitted to the Corporation Board of Directors prior to October 15, of each year for approval. Corporation will promptly inform Contractor of any changes in the draft Budget proposal. Contractor shall keep Corporation informed of any real or anticipated deviations from the receipts or disbursements as set forth in the previous years approved budget. '.m LAX2:182476.3 0 157 6.4 PREPARATION COSTS The preparation cost of all reports, bookkeeping, clerical and other management overhead, including but not limited to, costs of office supplies (excluding on -site office supplies) equipment, data processing services, postage (excluding postage for checks to creditors), transportation for managerial telephone shall be paid by Contractor from its management fees an d shall not be a Corporation expense. Section 7 ADVERTISING With Corporation's prior approval, Contractor may be authorized to advertise the Premises or portions thereof for rent, using periodicals, signs, plans, brochures, or displays, or such other means as Contractor may deem proper and advisable, provided such advertising and such signs comply with applicable laws. The cost of such advertising shall be an expense borne by the Contractor. All advertising shall clearly state that Contractor is the manager and not the Owner of the Premises. Newspaper ads shall not share space with other properties managed by Contractor. Section 8 LEASING AND RENTING 8.1 CONTRACTOR'S AUTHORITY TO LEASE PREMISES Contractor shall use all reasonable efforts to keep the Premises rented by procuring tenants for the Premises according to the rules and regulations established by Corporation. Contractor is otherwise authorized to prepare and execute all leases on behalf of Corporation, including all renewals and extensions of leases (and expansions of space in the Premises, if applicable) and to cancel and modify existing leases. For this purpose only, Contractor may execute all leases as agent for Corporation. The form of the lease shall be agreed upon by Corporation and Contractor. 8.2 NO OTHER RENTAL AGENT During the term of this Agreement, Corporation shall not authorize any other person, firm or corporation to negotiate or act as leasing agent with respect to the letting of the Premises. 8.3 ENFORCEMENT OF LEASES Contractor is authorized to institute, in Corporation's name, all legal actions or proceedings for the enforcement of any lease term, for the collection of rent or other income from the Premises, or for the evicting or dispossessing of tenants or other persons from the Premises. Contractor is authorized to sign and serve such notices as Contractor deems necessary for lease enforcement, including the collection of rent or other income. Contractor is authorized, with Corporation's prior approval, to settle, compromise, and release such legal actions or suits and to reinstate tenancies. Any monies for such settlements paid out by -5- LAX2:182476.3 Contractor shall not exceed $1,000.00 without prior approval by Corporation. Attorneys' fees, filing fees, court costs, and other necessary expenses incurred and/or Reserve Reserve such actions and not recovered from tenants shall be p aid out of the Operating Account(s). Contractor may, subject to Corporation approval, select the attorney of its choice to handle such litigation. Section 9 EMPLOYEES 9.1 CONTRACTOR'S AUTHORITY TO HIRE Contractor shall hire, supervise, discharge, and pay all servants, employees, contractors, or other personnel from its management fee, to perform the normal day to day management, maintenance, landscaping and operation of the Premises. The foregoing servants, employees, contractors, or other personnel will be the sole agents of Contractor and shall not be considered the agents of Corporation. 9.2 CONTRACTOR TO PAY ALL EMPLOYEE EXPENSES All wages and fringe benefits payable to such servants, employees, contractors and /or other personnel hired per paragraph 9.1 above, and all local, state, and federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance, withholding and workers, compensation insurance) incident to the employment of such personnel, shall be paid by Contractor out of its management fee. 9.3 CONTRACTOR'S AUTHORITY TO FILE RETURNS Contractor shall do and perform all acts required of an employer with respect to the Premises and shall execute and file all W -2, 1099, employee quarterly, all tax and other returns required under applicable federal, state and local laws, regulations, and /or ordinances governing employment, in addition to all other statements and reports pertaining to labor employed in connection with the Premises and according to any similar federal or state law now or hereafter in force. In connection with such filings, Corporation shall upon request, promptly execute and deliver to Contractor all necessary powers of attorney, notices of appointment, and the like. Contractor shall be responsible for all costs and amounts required to be paid under the foregoing laws. 9.4 WORKERS' COMPENSATION INSURANCE Contractor shall, at Contractor's expense, shall maintain workers' compensation insurance covering all such liability of the employer under established workers' compensation laws. EM LAX2:182476.3 0 ]5� 9.5 HOLD HARMLESS, LABOR LAWS Contractor shall be responsible for compliance with all applicable state and federal labor laws. Contractor shall indemnify, defend, and save Corporation and its Board of Directors harmless from all claims, investigations, and suits, from Contractor's actions or failures to act, with respect to any alleged or actual violation of state or federal labor laws. Contractor's obligation with respect to such violation(s) shall include payment of all settlements, judgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expenses, and attorneys' fees. 9.6 ACCEPTANCE OF GIFTS AND /OR GRATUITIES No employee of Contractor shall accept any gratuity or compensation directly from any resident of Park Vista for any services rendered. Nor shall any employee of Contractor accept any gratuities or gifts from any resident of Park Vista, except birthday or holiday gifts not exceeding a value of $10. Section 10 MAINTENANCE, LANDSCAPING, INSPECTIONS & REPORTS 10.1 MAINTENANCE REQUIREMENTS Contractor shall cause Corporation to be maintained and repaired in accordance with local codes in a habitable and safe condition that is at all times acceptable to Corporation, including, but not limited to; cleaning, painting, decorating, plumbing, carpentry, grounds care and such other matters as from time to time may be required. Contractor shall use its employed maintenance personnel to perform all janitorial tasks and make all reasonably necessary repairs and replacements for the proper, efficient operation of, and to otherwise preserve, the Premises in its present condition. Subject to the prior approval of Corporation, Contractor shall make all alterations necessary to comply with lease and insurance requirements, statutory and governmental regulations. Contractor shall furnish experts, at its own expense, to conduct periodic examinations, provide written reports and recommendations to insure Corporation's satisfactory compliance with those requirements set forth above. 10.2 ON -SITE MAINTENANCE SPECIFICS Special attention shall be given to preventive maintenance, and to the greatest extent feasible, the services of Contractor maintenance personnel shall be used to perform maintenance, repairs, landscaping, inspections and reports. Subject to Corporation's prior approval, Contractor shall contract with qualified independent contractors for the maintenance and repair of equipment, systems and the like which are beyond the capability of Contractor's maintenance employees. Contractor will systematically aid promptly investigate all service requests from tenants, take such action thereon as may be justifies and keep records and report same at the monthly Corporation Board of Directors meeting. Emergency requests shall be received and serviced on a 24 hour basis. Complaints of a serious nature will be reported to the Corporation board of Directors after investigation. LAX2:182476.3 -7- 0� ,� 10.3 APPROVAL FOR EXCEPTIONAL MAINTENANCE EXPENSE The expense to be incurred for any one item of maintenance, alteration, refurbishing, or repair shall not exceed the sum of $300.00, unless such expense is first specifically authorized by Corporation, or is incurred under such circumstances as Contractor shall reasonably deem to be an emergency. Contractor is authorized to negotiate contracts for nonrecurring items of expense, not to exceed $300.00. Contractor shall solicit written cost estimates bids) from at least three contractors or suppliers for any work item, maintenance, repair or appliance which can reasonably be expected to cost $301.00 or more, regardless of rebates, and submitted to Corporation for prior approval. All employees, contractors or other personnel that perform work or services at Park Vista shall be deemed to be the employees of Contractor, except those independent contractors whose contracts are first approved by Corporation Board of Directors. In an emergency where repairs are immediately necessary for the preservation and safety of the Premises, or to avoid danger to life or property, or to comply with federal, state, or local law, such emergency repairs may be made by Contractor at Corporation's expense without prior approval. 10.4 LANDSCAPING As part of it's maintenance responsibilities, Contractor shall perform all landscaping about the Premises, including but not limited to; mowing of grass, watering, sprinkler system repair, fertilization of lawn and foliage, tree and plant pruning, removal and replacement. Section 11 RELATIONSHIP OF CONTRACTOR TO CORPORATION The relationship of the parties pursuant to this Agreement shall be that of Principal and Independent Contractor, except that as to those authorized actions taken by Contractor on behalf of Park Vista pursuant to the terms of this Agreement, Contractor shall be acting as Agent for Corporation. Nothing in this Agreement shall be otherwise construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement. Contractor shall bear the responsibility, loss and damage arising out of or connected with the hiring and /or supervision of its employees and operation of the Premises. The employees and contractors of Contractor during the period of this Agreement are not and shall not be considered to be the direct employee of Park Vista or Corporation. Neither party shall have the power to bind or obligate the other, except as expressly set forth in this Agreement, except that both parties are authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. LAX2:182476.3 0 161 Section 12 SAVE HARMLESS Contractor represents it is skilled in the calling necessary to perform the services and duties agreed to hereunder by Contractor, and Corporation relies upon the skills and knowledge of Contractor. Contractor 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. Contractor is an independent contractor and shall have no authority to bind Corporation nor to create or incur any obligation on behalf of or liability against Corporation, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by Corporation. Corporation, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Contractor or to any other person for, and Contractor shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Contractor of Contractor's services under this agreement or the negligent or willful acts or omissions of Contractor, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify the Indemnitees as above provided, Contractor, upon notice from the Corporation, shall defend the Indemnitees at Contractor's expense by counsel acceptable to the Corporation. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified. The insurance required to be maintained by Contractor under paragraph 13 shall ensure Contractor's obligations under this paragraph, but the limits of such insurance shall not limit the liability of Contractor hereunder. The provisions of this paragraph shall survive the expiration or earlier termination of this agreement. The Contractor's indemnification does not extend to claims occurring as a result of the Corporation's active negligent or willful acts or omissions. LAX2:182476.3 0 Section 13 LIABILITY INSURANCE 13.1 PARK VISTA LIABILITY INSURANCE Corporation shall obtain and keep in force and effect, adequate insurance against physical damage (e.g., fire with extended coverage endorsement, boiler and machinery, etc.) and against liability for loss, damage, or injury to property or persons which might arise out of the occupancy, management, operation, or maintenance of the Premises. The amounts and types of insurance shall be acceptable to both parties and any deductible required under such insurance policies shall be at Corporation's expense. Contractor and the City of El Segundo shall be covered as an additional insured on all liability insurance maintained with respect to the Premises. Liability insurance shall be adequate to protect the interests of both Corporation and Contractor. Corporation agrees to furnish Contractor with two (2) copies of insurance endorsements, certificates or duplicate copies of such policies evidencing such coverage within 60 days of the effective date of this Agreement. Said policies shall provide that notice of default or cancellation shall be sent to both parties and shall require a minimum of 30 days' written notice before any cancellation of /or changes to said policies. 13.2 CONTRACTOR LIABILITY INSURANCE (a) Contractor will maintain on behalf of Corporation and at the expense of Contractor, the following insurance policies: Fire coverage shall be for full replacement value of the facility. 2. Earthquake coverage shall be for the full replacement value of the facility. 3. General Liability coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall be at least as broad as ISO Commercial General Liability Coverage Form CG 0001. 4. Umbrella Liability coverage in an amount of not less than $1,000,000 single limit and $2,000,000 annual aggregate. 5. Directors & Officers Liability (Professional Liability) in an amount of not less than $1,000,000 aggregate inclusive of defense expenses. (b) In addition to the above coverage, Contractor shall maintain at its own expense the following insurance coverage: 1. Fidelity bond covering all employees of Contractor who handle funds, including all such employees assigned to Park Vista. LAX2:182476.3 -10- 0 163 2. General Liability coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall be at least as broad as ISO Commercial General Liability Coverage Form CG 0001. 3. Workers' Compensation coverage shall be required by the State of California covering Bodily Injury in an amount not less than $1,000,000 for each employee assigned under this Agreement. Employers' liability of $1,000,000 per occurrence for bodily injury or disease. 4. Employers Automobile Non Ownership Liability coverage in an amount of not less than $1,000,000 covering all employees assigned to Corporation who use their personal automobiles for Corporation business. Coverage shall be at least as broad as ISO Business Auto Form CG 0009 Non -Owned Autos. (c) The following parties shall be added by endorsement as insured parties: The City of El Segundo, its employees, agents, officers, councilpersons, appointed and elected officials as well as The El Segundo Senior Citizen Housing Corporation, its Board, its employees, agents, officers, directors, and appointed officials. (d) All of the above policies must be written by an insurance company licensed to do business in California with a "Best Rating" of not less than A -XII. Section 14 CONTRACTOR'S COMPENSATION AND EXPENSES As compensation for the services provided by Contractor under this Agreement (and exclusive of reimbursement of expenses to which Contractor may be entitled hereunder), Park Vista shall pay Contractor as follows: 14.1 FEE FOR MANAGEMENT SERVICES For its proper performance of all the services as set forth herein, Contractor shall be paid the fee of $ per month ($ annually), each year thereafter during the term of this Agreement. 14.2 FOR APARTMENT LEASING None. Included in 15.1. Section 15 REPRESENTATIONS Corporation represents and warrants: That Corporation has full power and authority to enter this Agreement; that there are no written or oral agreements affecting the Premises other than tenant leases, copies of which have been furnished to Contractor; that there are no recorded easements, restrictions, reservations, or rights of way which adversely affect the use of the Premises for the purposes intended under this Agreement; that to the best of LAX2:182476.3 11ia 0 164 Corporation's knowledge, the property is zoned for the intended use; that all leasing and other permits for the operation of the Premises have been secured and are current; that the building and its construction and operation do not violate any applicable statutes, laws, ordinances, rules, regulations, orders, or the like (including, but not limited to, those pertaining to hazardous or toxic substances); that the building does not contain any asbestos, urea, formaldehyde, radon, or other toxic or hazardous substance; and that no unsafe condition exists. Notwithstanding the foregoing, in entering into this contract, Corporation has materially relied upon the representations, inducements and promises set forth in the tv PROPOSAL FOR MANAGEMENT SERVICES" and the enclosures thereto submitted by Section 16 STRUCTURAL CHANGES Corporation expressly withholds from Contractor any power or authority to make any structural changes in any building, or to make any other major alterations or additions in or to and such building or to any equipment in any such building, or to incur any expense chargeable to Park Vista other than expenses related to exercising the express powers vested in Contractor through this Agreement, without the prior written consent of the Corporation Board of Directors. However, such emergency repairs as may be required because of danger to life or property, or which are immediately necessary for the preservation and safety of the Premises or the safety of the tenants and occupants thereof, or required to avoid the suspension of any necessary service to the Premises, or to comply with any applicable federal, state, or local laws, regulations, or ordinances, shall be authorized pursuant to the appropriate paragraphs of this Agreement, and Contractor shall notify Corporation accordingly. Section 17 BUILDING COMPLIANCE Subject to those requirements set forth herein, Contractor assumes no liability, and is given no responsibility for compliance of the Premises, or any equipment therein, with the requirements of any building code, statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction thereof, except to notify Corporation promptly or to forward to Corporation promptly, any complaints, warnings, notices, or summonses received by Contractor relating to such matters. Corporation represents that to the best of its knowledge the Premises and all such equipment comply with all such requirements. Section 18 TERMINATION 18.1 TERMINATION BY EITHER PARTY This Agreement may be terminated by Corporation, with or without cause, upon 60 days written notice to Contractor. This Agreement shall also terminate, unless renewed by mutual consent of the parties hereto, at the end of the initial three (3) year Agreement term. LAX2:182476.3 -12- 0 165 18.2 TERMINATION FOR CAUSE Notwithstanding the foregoing, the Agreement shall terminate and all obligations of the parties hereunder shall cease (except as to those liabilities and /or obligations which have accrued or arisen prior to such termination according to the terms of this Agreement, upon the occurrence of any of the following events: (a) BREACH OF AGREEMENT - Thirty (30) days after the receipt of notice by either party to the other specifying in detail a material breach of this Agreement, if such breach has not been cured within said thirty (30) day period; or if such breach is of a nature that it cannot be cured within said thirty (30) day period but can be cured within a reasonable time thereafter, if efforts to cure such breach have not commenced and /or such efforts are not proceeding and being continued diligently both during and after such thirty (30) day period prior to the breach being cured. HOWEVER, the breach of any obligation of either party hereunder to pay any monies to the other party under the terms of this Agreement shall be deemed to be curable within thirty (30) days. (b) INADEQUATE INSURANCE - If Contractor or Corporation deems that the liability insurance obtained by the other as required by the terms hereof, is not reasonably satisfactory to protect its interest under this Agreement. If Corporation and /or Contractor cannot agree as to adequate insurance, either party shall have the right to cancel this Agreement upon the service of 60 day written notice to the other. (c) EXCESSIVE DAMAGE - Upon the destruction of, substantial damage to, or loss of the Premises by force majeure, eminent domain or such other cause, in any case making it impossible or impracticable to continue operation of the Premises. (d) FAILURE TO ACT, ETC. - In the event any insurance required of Corporation or Contractor is not maintained or it is alleged or charged that the Premises, or any portion thereof, or any act or failure to act by Corporation or Contractor, with respect to the Premises, fails to comply with any law or regulation, or any order or ruling of any public authority, and that the action or position of either party hereto or their representatives, with respect thereto, may result in damage or liability to either party, or disciplinary proceeding with respect to Contractor's license. Such termination shall not release the indemnities of the parties to one another as set forth herein. 18.3 CORPORATION RESPONSIBLE FOR PAYMENTS Upon termination of or withdrawal from this Agreement, Corporation shall assume the obligations and responsibilities of any contract or the payment of any outstanding bill properly undertaken by Contractor under this Agreement for and on behalf Park Vista. Contractor shall deliver to Corporation, within ten (10) days after the termination of this Agreement: all monies due Park Vista in addition to tenant security deposits being held by Contractor with respect to the Premises; a final accounting reflecting the balance of income and expenses with respect to LAX2:182476.3 -13- 0 106 the Premises as of the date of termination; all records, contracts, leases, receipts for deposits, and other papers and /or documents which pertain to the Premises. Section 19 INDEMNIFICATION SURVIVES TERMINATION All representations and warranties of the parties contained herein shall survive the termination of the Agreement. All provisions of the Agreement that require the parties to insure, indemnify or hold harmless one another shall survive any termination; and if Contractor, Corporation or Corporation Board of Directors becomes involved in any proceeding or litigation by reason of the matters contained in this Agreement, such provisions shall apply as if this Agreement were still in effect. Section 20 HEADINGS AND ATTACHMENTS All headings and subheadings employed within this Agreement and in the accompanying List of Provisions are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. However, Corporation's request for proposal is incorporated herein by this reference except as to those matters that have been altered or specifically deleted by the terms of this Agreement. Section 21 FORCE MAJEURE Any delays in the performance of any obligation of either of the parties hereto under the terms of this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of Agent, and any time periods required for performance shall be extended accordingly. Section 22 COMPLETE AGREEMENT This Agreement shall constitute the entire agreement between Corporation and Contractor with respect to the management and, operation of the Premises and supersedes and replaces any and all previous management agreements entered into the parties relating to the Premises covered by this Agreement. No change to this Agreement shall be valid unless made by supplemental written agreement executed and approved by Corporation, the El Segundo City Council and Contractor in writing. Each party to this Agreement hereby acknowledges and agrees that the other party has made no warranties, representations, covenants, or agreements, express or implied, to such party, other than those expressly set forth herein, and that each party, in entering into and executing the Agreement, has relied upon no warranties, representations, covenants, or agreements, express or implied, to such party, other than those expressly set forth herein. LAX2:182476.3 -14- 0 167 Section 23 RIGHTS CUMULATIVE; NO WAIVER No right or remedy herein conferred on or reserved to either of the parties to this Agreement is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Agreement or now or hereafter legally existing upon the occurrence of an event of default under this Agreement. The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of the Agreement, or to exercise any right or remedy as provided in this Agreement, shall not impair any such right or remedy or be construed as a waiver or relinquishment of such right or remedy with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties to it may be exercised from time to time and as often as may be deemed expedient by those parties. Section 24 APPLICABLE LAW AND PARTIAL INVALIDITY The execution, interpretation, and performance of this Agreement shall in all respects be controlled and governed by the laws of the State of California. If any part of this Agreement shall be declared invalid or unenforceable, then the Agreement shall remain in full force and effect exclusive of such unenforceable provision. Section 25 NOTICES Any notices, demands, consents, and reports necessary or provided for under this Agreement shall be in writing and shall be addressed as follows, or at such other address as Corporation and Contractor individually may hereafter specify in writing: Park Vista Board of Directors c/o City Clerk's office, City Hall 350 Main Street El Segundo, CA 90245 Such Notice or other communication may he mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a U.S. Post Office or a depository for the receipt of mail regularly maintained by the Post Office. Such notices, demands consents and reports may also be delivered by hand or by any other accepted method or means permitted by law. For purposes of the Agreement, notices shall be deemed to have been "given" or "delivered' upon personal delivery thereof or three business days after having been deposited in the U.S. mails as provided herein. LAX2:182476.3 -15- fl", • Section 26 AGREEMENT BINDING UPON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto and their respective personal representatives, heirs, administrators, executors, successors, administrators, trustees and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their respective signatures this _ day of , 199_. EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION aka PARK VISTA LAX2:182476.3 -16- e\ O N e T W T O WW u r- do W z ►0 J O K 0 IL < W O W F- 0 ! j I i I i � I ! I I y�.p•1e.•NrA1M�•�M•rrFNo ti.reo.00mello..rwaor�LLOU� mar NNaD•op•1ehNFNO.- NNr1AN CUM NrrW1•�rorMreNe0N�0e•• O .•NNUIFrN� �aOWFMM z - o U. M wow NNN :-- Nw r N r N OY• N I N' 930 z D N W < N I- W i� I i, F O• M b N j 04 rg Y K Z i w I W ►~+ Z W ►>+ C F t• O O i V 093 I co < z4.zz; z i r O.+lr -00.0. 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PAYMENTS BY WIRE: DA d as to the accuracy of the wire transfers by Certrfie City Fin Ci' Information on actual expenditures '- -- • 10 9 Date Date Date Treasurer's Office of the City of EI Segundo, 0 171 , DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 3, 1997 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobs at 7:10 p.m. INVOCATION given by Los Angeles County Supervisor Don Knabe. PLEDGE OF ALLEGIANCE led by Councilwoman Jane Friedkin PRESENTATIONS Proclamation declaring June 7, 1997 as Volunteer Recognition Day and honoring the City's volunteers at a celebration that day from 11:00 a.m. to 3:00 p.m. at Chevron Park. Mayor Jacobs presented proclamation to Mr. McAllister, volunteer for Home On Wheels. 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 :•o identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SIX individuals addressed the City Council. Bill Mason Chamber Of Commerce President Elect/Allied Signal announced Dana Brown as the Senior Citizen of the Year, and would be installed on June 26 at a banquet at the Hacienda Hotel. Nancy Jacobson Sister City Organization stated she wanted to speak about their budget. Eric O'Rielly, resident spoke in favor of the signage item. Liz Garnholtz, resident stated Jack Trystman asked her to speak for him and stated his concerns regarding Senior Legislation and MTA bus pass discounts, and that the Council should support the partial payment. He would like for the item to be postponed to allow him the opportunity to speak about it. She then asked whether Mr. Knabe would be speaking about LAX issues. Nancy Cobb Chamber of Commerce asked Council whether she could give her signage presentation now or at the time of the budget; Maycr Jacobs stated at the time of the budget item is discussed. Frank Wong, resident stated concarns regarding LAX. Mayor Jacobs closed public communications. 0 172 DRAFT A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. B. SPECIAL ORDERS OF BUSINESS - 1. Discussion /workshop with Los Angeles County Supervisor Don Knabe, Chief of Staff Fred Guido, and Field Deputy Thomas Martin about items of mutual interest to the City of El Segundo and the County of Los Angeles. Los Angeles County Supervisor Don Knabe gave a presentation and answered questions regarding the airport and the MTA. He spoke about the problems with the LAX Master Plan. Councilman Weston asked Supervisor Knabe whether he would write a letter to LAX asking them to look at alternative areas for an additional airport, and he stated he would. Staff to obtain a copy of letter Supervisor Knabe agreed to send to LAX. Council and staff to work with Supervisors office on facilitating City of Los Angeles and County cooperation and action on other issues, including Hyperion, jobs, group homes, funds for Sepulveda widening, division of property tax funds, funds for undergrounding of wires on Sepulveda, regional issues such as transportation, and public service to work off punishment for minor offenders. 2. Public Hearing and continued Workshop to discuss FY 1997/98 Preliminary Budget and Five -Year Capital Improvement Plan. Mayor Jacobs stated this was the time and place hereto fixed for a public hearing and continued workshop to discuss Fiscal Year 1997/98 Preliminary Budget and Five -Year Capital Improvement Plan, and asked whether proper noticing was done in a timely manner and whether any written communications had been received. Deputy City Clerk Freeman responded the public hearing and continued workshop notice was done by the Finance Department, and that the City Clerk's Office received three letters regarding the signage item. Discussion ensued regarding the Recreation and Park, Sister City Program, Library, Public Works, Chamber of Commerce Signage item, and the CIP. RECESS at 9;40 p.m. RECONVENED at 9;55 p.m. ROLL CALL all Councilmembers present. Mayor Jacobs opened the public hearing for comments. Sally Mau, DESI read a letter from Jackie Euro regarding the signage item. Council consensus for staff to 1) make modifications to the FY 1997/98 operating and FY 199712002 CIP budgets based upon the May 19 and 20, 1997 workshops and the June 3, 2 0 173 DRAFT 1997 public hearing; 2) Schedule budgets for adoption at the staff analysis of a farmers Staff to include for discussion on June 17 budget presentation: (a) market program (including staff time, consultant costs and time, and start up costs; (b) change on Page FF3 - Golf Course Fund - item on insurance deduct $45,000 which will be a part of the administrative costs; (c) under non - departmental line item for Sister City, the item will remain but will on be used as matching funds for Sister City on an as needed basis; (d) Finance staff to look into setting aside more money for operational audits of departments - perhaps two per year - in order to determine how to best spend tax dollars; (e) on the CIP budget, staff to move $20,000 allocation for Sepulveda widening to fund improvement #21 the Mariposa and Main parking lot improvement, move It above the line to be done at the same time as Item #17, and try to obtain donations from the private sector for trees and sign; and (f) Public Works staff to prepare memo on costs to do lights In the Civic Center Plaza for 90 -day period around Christmas time and determine ways the project can move forward this year. Next years Recreation and Parks budget to include a quantitative analysis of programs, Including numbers of persons served, actual program revenues versus actual costs, discrepancies and which programs the City is subsidizing. Goals and objectives to include measurable (quantitative information) as well. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon to continue the public hearing to June 17, 1997. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 3. Continued Public Hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan (SHSP) Parking, 2) Subdivision Extensions, 3) SHSP Height Bonus, 4) Service Stations /Automobile Services, 5) MU North and South, 6) Architectural Landscape Features, 7) Initiation of ZTA/GPA, 8) Planning Commission Appeals, 9) Golf Course, 10) Sepulveda Boulevard Building Heights, 11) Video Arcades, 12) Drive - thrus, 13) Residential Heights, 14) Edison Right -of -Way, 15) TDRs - Transfer of Development Rights, and 16) Wireless Communication Facilities (General Plan Amendment only); and, a Negative Declaration of Environmental Impacts in accordance with CI =QA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97 -1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Development Rights (TDRs). Mayor Jacobs announced this was a continued Public Hearing on the following proposed Amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan (SHSP) Parking, 2) Subdivision Extensions, 3) SHSP Height Bonus, 4) Service Stations /Automobile Services, 5) MU North and South, 6) Architectural Landscape Features, 7) Initiation of ZTA /GPA, 8) Planning Commission Appeals, 9) Golf Course, 10) Sepulveda Boulevard Building Heights, 11) Video Arcades, 12) Drive - thrus, 13) Residential Heights, 14) Edison Right -of -Way, 15) TDRs - Transfer of Development Rights, and 16) Wireless Communication Facilities (General Plan Amendment only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -405, General Plan Amendment GPA 97 -1, Zone Text Amendment ZTA 97- 1, and Zone Change ZC 97 -1. Applicants: City of El Segundo - Citywide Amendments, Hughes Electronics - Transfer of Development Rights (TDRs), and asked whether proper noticing was done in a timely manner and whether any written communications had been received. Deputy City Clerk Freeman responded that noticing was done by the Planning and Building Safety Department and continued public hearing notice was posted by the City Clerk's Office, and no written communications had been received.. 3 0 174 DRAFT Bret Bernard, Director of Planning and Building Safety Department, presented a report to the Council; Mayor ProTem Wernick requested to bring back the General Plan Amendments for Drive -Thrus and TDRs at the occasion of the next General Plan amendment; Council concurred. Mayor Jacobs opened public communications. Bill Mason stated he would be at the June 17 meeting. City Attorney Hensley read title only: ORDINANCE NO. 1272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -405, GENERAL PLAN AMENDMENT GPA 97 -1, ZONE TEXT AMENDMENT ZTA 97 -1 AND ZONE CHANGE 97 -1 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 19 AND TITLE 20 NED BY (SUBDIVISION AND OF EL SEGUNDOG(CIO R THE ZONING MAP. PETITIONED WIDE AMENDMENTS). INTRODUCED by Mayor ProTem Wernick. Council consensus to continue the public hearing to June 17, 1997. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS -NONE E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 238830 - 239138 on Demand Register Summary Number 41 in total amount of $725,138.96, and Wire Transfers in the amount of $161,743.09. Approved 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 05/13/97 to 05123197. 2. City Council meeting minutes of May 19 and May 20, 1997. Approved. 3. Approval of a Three -Year Professional Services Agreement, between the City of El Segundo and Diana Cho and Associates, for Community Development Block Grant (CDBG) management services. Contract amount.: Maximum of 10% of City's 1997 -1998 Fiscal Year allocation (approximately $11,000) and a maximum of 10% of each year's allocation for the subsequent two years. Contract period: 01 July 1997 through 30 June 2000. Approved Contract No. 2510. 4 0 175 DRAFT 4. Adoption of a Resolution pursuant to City Council direction of May a0l, 1997, to Deny nt EA -4 EA of the Planning Commission decision, thereby Approving certifying a Mitigated Negative Declaration oFlandl'nn Project) nthe Heavyandustral (M mitigation 2) Zone for monitoring program to allow a Groundwater 9 the Chevron Refinery located at 720 West El Segundo Boulevard. Adopted Resolution No. 4014. 5. Extension of the term of the City /School District t for July System 97 Juneff30t119g8gre $ m0;662) July 1, 1997 through June 30, 1998. (Fiscal impact Y Approved Contract No. 2132(E). 6. PULLED FOR DISCUSSION BY CITY MANAGER MORRISON. 7. Final acceptance of installation of two (2) 24 -inch water main valves in El Segundo Boulevard, Project No. PW 96 -5 (final contract amount $98,700.00). ange Order Approved Change Order No iwchk as compete ?and0authorized City Clerk to file NNot en of e amount of $7,656.65, accepted Completion. 8. PULLED FOR DISCUSSION BY COUNCILWOMAN FRIEDKIN. 9. PULLED FOR DISCUSSION BY COUNCILMAN WESTON. MOVED by Councilwoman Friedkin; SECONDED by Councilman Gordon. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. CALLED ITEMS FROM CONSENT AGENDA 6. Adoption of plans and specifications for construction of handicapped access ramps, bus pads and Maple Avenue sidewalks (estimated cost = $101,000.00). City Manager Morrison stated he pulled the item because Councilwoman Friedkin and Councilman Gordon have conflicts with this item and should abstain. MOVED by Mayor ProTem Wernick; SECONDED by Councilman Weston to adopt plans and specifications and authorized staff to advertise project for receipt of bids. MOTION PASSED BY THE FOLLOWING VOICE VOTE 31012: AYES - Mayor Jacobs, Mayor ProTem Wernick and Councilman Weston. NOES: None. ABSTENTIONS - Councilwoman Friedkin and Councilman G ordon. 8. Building Community Support for California Public Libraries' Grant Program Application in the amount of $9,800 for El Segundo Public Library. Councilwoman Friedkin commented on the grant received. MOVED by Councilwoman Friedkin; SECONDED by Mayor ProTem Wernick to approve 1996/97 El Segundo Public Library's Building Community Support for California Public Libraries' Grant Program Application. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 9. Appointment of Private Sector Business representative from the City of El Segundo to the South Bay Private Industry Coun :il (PIC). 5 0 176 DRAFT Mayor ProTem Wernick questioned why the City Council had to approve of the appointment; City Manager Morrison informed her that the Chamber of Commerce appoints and the City Council has to approve. to MOVED by Councilwoman Friedkin; GruDmmanyto the South Bay Pr ate approve dustry Council. appointment of Raelea Jones of Northrop MOTION PASSED BY UNANIMOUS VOICE VOTE 510. F. NEW BUSINESS - CITY MANAGER - 1. New Alcoholic Beverage Control (ABC) license for off -site sale of beer, wine and liquor (Type 21 -Off Sale General) at the recently approved Ralph's Grocery Store to be located at 500 North Sepulveda Boulevard. Applicant: Mr. Bill Cdgger, New Group. MOVED by Mayor ProTem Wernick; SECONDED by Councilwoman Friedkin. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 2. Request by South Bay Economic Development Partnership for Council and staff participation to plan and implement an economic development and marketing strategy to retain and create jobs and to stimulate economic growth for the South Bay. Fiscal impact: Approximately $2,000 per year after the first year in addition to Council and staff time. Mayor ProTem Wernick asked to continue this item over to June 17, 1997. Discussion followed. Council consensus to continue item to June 17, 1997. 3. Request budgetary transfers within Finance Department for FY 96 -97 and authorization for the City Manager to administratively approve budget transfers within specific parameters. MOVED by Councilman Weston; SECONDED by Councilwoman Friedkin to approve budgetary transfers within Finance Department for FY 96 -97 and authorized the City Manager to administratively approve budget transfers within specific parameters. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411: AYES - Mayor Jacobs, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon. NOES - Mayor ProTem Wernick. 4. Request from Hawthorne Savings and NCR to add a section to the El Segundo Municipal Code relating to off -site massages. Fiscal impact: $00.00. City Manager Morrison stated this item was being pulled due to not being noticed correctly. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - stated he and Ed Schroder, Director of Public Works, met with the West Basin Municipal Water District and got their full attention and the are looking for ways to save us some money. Asked to have the Cable Departments "Every 15 minutes" film scheduled for June 17, 1997 meeting. 6 0 177 DRAFT Councilman Weston - 1. Request for City Council support and City participation in the NASH BASH to be held on Sunday, July 27, Councilman Weston gave a brief presentation. Discussion followed. MOVED by Mayor ProTem ED by Councilman Gordon. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. Councilwoman Friedkin - The City of El Segundo's participation in regional and subregional organizations. Item held over to June 17, 1997 meeting. Mayor Pro Tern Wemick - Discussion about Planning Commission appeals, waiver of fees if appellants meet certain criteria, and related matters. Item held over to June 17, 1997 meeting. Mayor ProTem Wernick stated she enjoyed the Recreation and Parks play. Mayor Jacobs - NONE PUBLIC COMMUNICATIONS - (F',elated 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 individual addressed the City Council. Nancy Cobb Chamber of Commerce thanked the Council for their support of the signage budget item. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNED at 11:15 p.m. to June 10, 1997 at 6:30 p.m. a Lora reeman, Deputy City Clerk 7 0 173 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Thomas, Bigbie & Smith quarterly review of Investment Policies and Transactions for the period from January 1 through March 31, 1997. RECOMMENDED COUNCIL ACTION: Receive and file. INTRODUCTION AND BACKGROUND: DISCUSSION: A Report from Thomas, Bigbie & Smith covering the months of January, February and March, 1997 entitled "Investment Policies and Transactions" and dated March 31, 1997 was received by the City Manager on June 2, 1997. ATTACHED SUPPORTING DOCUMENTS: Investment Policies and Transactions" dated March 31, 1997. Memorandum from Susan Schofield. 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_ NATED: TAKEN: staffrp.fm anager uate: June i i , i uv r 0 179 at Inter - Departmental Correspondence June 10, 1997 To: James A. Morrison, City Manager From: Susan Chun Schofield, City Treasurer 511� Subject: Audit report from Thomas, Bigbie & Smith dated March 31, 1997 As noted in the above referenced report, the reports for the first two months of the quarter were submitted as required by the recently adopted investment policy, and were in compliance with said policy. The report for the month ended March 31, 1997 was submitted on Monday, May 5, 1997. The slight delay was caused by some confusion between our office and the Finance Department regarding the treatment of two of the City's investments by the auditors, and our desire to maintain consistency within both departments' records. That month's report was further flawed by a glitch in my computer and /or software resulting in a loss between program segments. This caused the report to not recognize newly entered data, and, instead, use the prior month's market pricing information. I have been in contact with the software company and notified them of the problem. I have also researched other options for the monthly report, but, as of this date, have not found a better product. The March month -end report was submitted, with corrections and other manual changes, at the end of May, along with the April report. Please contact me if you have any questions regarding the report, its format and /or contents. 0 180 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Extend present Landscape Maintenance Agreement on a month -to -month basis with anticipated conclusion at the end of September 1997, and adopt specifications to go to bid for landscape maintenance services. RECOMMENDED COUNCIL ACTION: 1. Approve extending present Landscape Maintenance Agreement on a month -to -month basis, with anticipated conclusion at the end of September 1997. 2. Adopt Landscape Maintenance Specifications. 3. Authorize staff to solicit bids from qualified vendors. INTRODUCTION AND BACKGROUND: Present Landscape Maintenance Agreement will expire on June 30, 1997 and will need to be extended for continuity of service, while formal solicitation of bids for a new three year contract for Landscape Maintenance services takes place. DISCUSSION: For over the past twenty (20) years the City has chosen to contract for numerous landscape services at city parks, open spaces, city street medians and designated tree trimming. This approach has proven successful in terms of work performed in a quality manner at a reasonable cost. ATTACHED SUPPORTING DOCUMENTS: 1. Landscape Maintenance Specifications. 2. Landscape Maintenance Contract Agreement. FISCAL IMPACT: (Check one) Operating Budget: x Capital Improv. Budget Amount Requested: Project/Account Budget: $130,000 Project/Account Balance: $137 000 Date: 7 -1 -97 Account Number: 001-400- 5102 6206 Project Phase: Appropriation Required - Yes_No_ ORIGINATED: Date: June 11, 1997 I • ��,.� Recreation and Parks Director BY: Date: AoWs W. Morrison, City Ma AdTJON TAKEN: M97617.bid 6/11 12:45 p.m. 0 181 CITY OF EL SEGUNDO LANDSCAPE MAINTENANCE AND TREE TRIMMING SPECIFICATIONS I. OBLIGATIONS, WORKMANSHIP, SUPERVISION AND DAMAGES II. IRRIGATION SYSTEM III. FERTILIZATION AND MULCHING IV. PRUNING V. AERATION AND THATCH REMOVAL VI. MOWING AND EDGING VII. DISEASE AND PEST CONTROL VIII. REPLACEMENT OF PLANT MATERIALS IX. GENERAL MAINTENANCE, INSPECTION, AND LITTER CONTROL X. ADDITIONAL WORK XI. MOWING AND EDGING ONLY XII. CONTRACT AND CANCELLATION CLAUSE XIII. AREA OF WORK AND RESPONSIBILITY XIV. CONTRACT PRICING AND ADJUSTMENTS XV. INSURANCE XVI. INDEMNITIES XVII. WAGE RATES AND LABOR CODE REQUIREMENTS XVIII. BID FORMS - LANDSCAPE MAINTENANCE XIX. TREE TRIMMING SPECIFICATIONS XX BID FORMS - TREE TRIMMING 1 0 182 I. OBLIGATIONS WORKMANSHIP SUPERVISION AND DAMAGE A. Contractors must provide and /or currently possess the following prior to submitting bid proposal: Contractor's's State License, 24 -hour answering service, central office /yard, two -way radio communication and excellent references from completing extensive work on similar type projects. Must have at least three years experience in park and median landscape maintenance. B. All contractor's maintenance workers must wear company uniform. Uniforms (other than orange shirts) must clearly identify the company's name. Exception: All employees working on median strips must wear bright orange vests. C. The contractor shall give his personal supervision to the work or have a competent supervisor on the job site at all times during progress of the work, with authority to act for him, be responsible for adherence to specifications and be available for consultation with the City's representative. D. All work shall meet with the approval of the City of El Segundo Recreation and Parks Department. There shall be a weekly written report of completion of work at each site, submitted to the City representative at the end of each week. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the contractor; and if not corrected, payments to the contractor will not be made or will be pro -rated until condition is corrected in a satisfactory manner as set forth in the specifications. The contractor will not receive payment when work is not performed. E. The contractor shall provide a work force, vehicles and equipment sufficient to complete the work as it is specified. F. The contractor will report without delay and damage to City equipment or property and shall be held responsible for the replacement of any said damage caused by his act hereunder. G. Plant materials that are destroyed by vandalism, private construction or by City forces shall be the responsibility of the City of El Segundo. H. All workmanship and craftsmanship must be of high quality and meet with the approval of the representatives assigned by the City of El Segundo. 2 0 183 II. IRRIGATION SYSTEM A. The park superintendent is responsible for programming the automatic irrigation controllers. The contractor is responsible for turning controllers off during periods of rain. B. The City of El Segundo shall repair all automatic controller clocks when they malfunction, and pay for all necessary irrigation materials, excluding tools. C. The contractor shall repair any damaged sprinkler heads and risers resulting from routine wear, defective parts, mower damage, etc, and shall routinely clean out sprinkler heads and lines to keep them in good operating condition at all times. D. Repairs to the irrigation system's pipes and valves resulting from normal wear, vandalism or damage by other means shall be the responsibility of the Contractor. E. Irrigation water shall be carefully applied and in quantities required by the different plant species, time of the year, and other basic environmental factors. The effect of the watering program shall be checked once a week by the contractor. F. Automatic irrigation shall take place at night or early morning hours only. G. Sprinkler heads must be unobstructed from grass, soil or other matter that prohibits the proper water spray; proper herbicides may be used around heads to prohibit grass growth. H. Where the installed sprinkler system does not cover or water an area adequately, the contractor shall provide his own sprinklers and hoses to adequately water the area. I. Watering shall be controlled to avoid excessive drainage on sidewalks, streets and play areas, creating a hazard and wasted water. J. In areas that have underground irrigation systems, the contractor shall water above ground as needed with soaker hoses. K. All irrigation systems to be operationally checked a minimum of once a week. L. Any areas that have manual watering systems, must be watered as needed to keep plant material in healthy condition. M. If irrigation system is inoperative for whatever reason, the areas MUST be 3 0 184 watered with manual sprinklers and hoses by the contractor. III. FERTILIZATION SCHEDULE AND RATES A. A (21 -3 -5) Fertilizer or equivalent with at least 50% nitrogen in the ammoniacal form. The application rate is one pound of actual nitrogen per 1,000 square feet. B. APPLICATION SCHEDULE The following areas are fertilized in March, May, September and November. - HILLTOP PARK - LIBRARY PARK - SYCAMORE PARK - CANDY CANE PARK 2. The following areas are fertilized in April, June and August. - WASHINGTON PARK - CONSTITUTION PARK - IMPERIAL PARKWAY - EL SEGUNDO MEDIAN - ROSECRANS MEDIAN - HUGHES WAY C. Fertilizer shall be applied uniformly by a commercial spreader and watered into the soil immediately after application. D. Contact the Parks Maintenance Division prior to fertilizing. IV. PRUNING A. The contractor shall be responsible for pruning of all plant material including shrubs and trees from ground level. B. Pruning shall be done according to the natural growth of each individual plant to maintain proper plant health by cutting out dead, diseased or injured wood; to control growth when an unshapely shrub or tree might result; and to increase the quality of flowers. C. Ground covers are edged as needed to prevent growth from interfering with other plant material, and from growing over curbs and sidewalks. D. Trim, shape and prune trees to maintain a safe, reasonable appearance. Public safety shall be a prime consideration in trimming trees. Landscapespecs 4 0 185 V. VI. E. Oleanders and other shrubs and trees shall be kept trimmed as necessary to keep all City signs clearly visible by traffic at all times AERATION AND THATCH REMOVAL A. The contractor shall be responsible for turf aeration and thatch removal once a year, occurring between the months of March and May. B. Soil aeration shall be done with a power- driven or tractor - pulled aerafier. C. Thatch removal, of warm season turf, shall be performed with a power driven verticutter or other slicing machine. D. AERATION AREAS THATCH REMOVAL AREAS ACACIA PARK HILLTOP PARK KANSAS PARK LIBRARY PARK SYCAMORE PARK WASHINGTON PARK CONSTITUTION PARK CANDY CANE PARK EL SEGUNDO MEDIAN ROSECRANS MEDIAN HUGHES WAY MEDIAN MOWING AND EDGING ACACIA PARK KANSAS PARK EL SEGUNDO MEDIAN ROSECRANS MEDIAN HUGHES WAY A. Grass clippings from mowers are left on the turfgrass and not collected. All rotary mowers must be mulching mowers. Trim around trees, sprinkler heads, planters, mowing strips, walkways and fences. Tree trunks are not to be struck by mowers, "weedeaters ", or other equipment. MOW TO THE FOLLOWING HEIGHTS: Hybrid Bermuda 1/4" to 5/8" Common Bermuda 3/4" to 1" Kikuygrass 3/4" to 1" Hybrid fescue 1 'h" TO 2 '/2' Perennial rye 1 Y2' to 2 Y2' B. Mowers shall be kept in proper adjustment., Mower blades must be kept sharp in order to obtain a clean, sharp cut and not damage the grass. Shredding or rough cutting of grass will not be permitted. 1. Mowing and edging must be accomplished Monday through Friday, Landscape.specs 0 186 between the hours of 7:00 a.m. and 3:00 p.m. 2. If holidays or weather conditions interfere with the regular mowing schedule, mowing and edging MUST be accomplished on the following day or as soon as conditions permit. C. After mowing and edging, all trimmings and debris shall be swept, vacuumed, or blown off sidewalks and paved areas, and disposed of. Blowing or sweeping of trimmings and debris into the street will not be permitted. VII. DISEASE AND PEST CONTROL A. The contractor shall be responsible for the control and eradication of all diseases and insects affecting all plant material. B. Correct horticultural practices in methods of control shall be used; care must be taken in following label directions and in applications.' C. All safety regulations in handling and applying pesticides shall be adhered to, according to the regulations set forth by the State of California Department of Food and Agriculture. D. Gophers, moles, field mice and other such rodent pests shall be properly controlled by the contractor with use of baits and /or traps, whenever such rodents appear. E. Plant diseases caused by bacterial, viruses, or fungi shall be controlled by the contractor. F. Control snails with the use of baits as needed to provide a healthy environment for plants and public. G. All pesticides to be applied by a licensed applicator only. Contracting company must have all necessary licenses in order to apply pesticides. Prior to any pesticide application, submit a copy of a "Pest Control Recommendation" to the Park Superintendent. VIII. REPLACEMENT OF PLANT MATERIALS A. All plant material that has died because of lack of proper maintenance, shall be replaced by the contractor. This material includes turf, ground cover, shrubs and trees. B. Any plant having had one -half or more of its foliage die back shall be considered dead; the Park Superintendent shall determine if a plant is dead, what plant replacement if any should be made, and shall notify the contractor of such. 6 Landscape.specs 0 187 C. Plants destroyed by vandalism, outside construction or by City forces shall be the responsibility of the City of El Segundo. IX. GENERAL MAINTENANCE INSPECTION AND LITTER CONTROL A. All trimmings, wood cuttings, trash, rubbish and debris shall be promptly removed from the side during regular work schedule. All areas shall remain free of trash and debris. B. Areas shall be policed, and cleaned of debris and litter daily by the contractor. All hazards, potential hazards and damaged areas must be reported to the Park Superintendent immediately. C. Trash receptacles provided by the City and located at various sites shall be emptied daily. D. All lawns, ground cover areas, areas around shrubs and trees next to buildings, fences, benches, sidewalks, tot lots, playgrounds, sandboxes, curbs and gutters shall be kept free from weeds, litter, rocks, glass and debris. E. Sand in play areas shall be raked level on Monday, Wednesday, and Friday. Sand must be raked and moved under all playground equipment to provide a safe and soft landing in all fall zones. Sand shall be inspected daily for the purpose of eliminating any broken pieces of glass, nails and other harmful debris. City supplies supplemental sand where thinning occurs. F. All cracks in sidewalks, curbs, street gutters and other areas shall be kept weeded. G. Sidewalks and paved areas shall be swept and cleaned of any dirt or soil that might be washed from adjacent slope or planted areas. H. Any eroded places shall be repaired by the replacement of top soil to bring them back to original grade by the contractor. I. Contractor shall dispose of all wood cuttings, weeds, leaves and debris from his operation. X. ADDITIONAL WORK A. In the event that the City of El Segundo should require additional work beyond the demands of these specifications, the contractor shall perform all work at a competitive price. B. Additional areas may be added from time to time as they are developed. These areas may be added to the contract and payment will be increased Landscape.specs 7 0 183 based upon mutual agreement between the contractor and the City . C. The contractor must be willing to provide a competitive price for additional areas that may be developed and clearly demonstrate the ability to properly maintain the expanded project. D. The contractor should be prepared r tves. extra Contractor must have equipment upon request of City rep esenta the ability to receive and respond to emergency situations and must respond to call -outs within ninety (90) minutes. E. The City of El Segundo shall have the right to inspect all books and records pertaining to the contractor's charges to the City of El Segundo. XI. MOWING AND EDGING ONLY A. In areas where only the mowing and edging are to be contracted, the contractor shall conform and abide by Section VI of these specifications. B. All mowing and edging at Recreation Park must be completed on Wednesday and Thursday between the hours of 6:30 a.m. and 2:00 p.m., unless directed otherwise by the Park Superintendent. C. Landscape.specs MOWING AND EDGING FREQUENCY: All areas are mowed every week, except during January 1 to February 15, when they are mowed every other week. All turf areas are edged every other week, excluding the Middle School, were no edging occurs. The turf and weeds on Sepulveda Boulevard are mowed and edged as needed. AREAS TO BE MOWED Acacia Park Hilltop Park Recreation Park Kansas Park Library Park Sycamore Park Washington Park Constitution Park Candy Cane Park 8 Imperial Parkway El Segundo Median Sepulveda Median Rosecrans Median Middle School Hughes Way 0 .189 XII. CONTRACT AND CANCELLATION CLAUSE A. The contractor will be responsible to meet monthly with representatives from the Recreation and Parks Department as assigned. B. This contract shall be subject to a thirty -day (30) cancellation in writing by the City of El Segundo or the contractor. C. Each bidder in bidding shall state there California License Number of such bidder, as no bid will be accepted from a contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors. Contractor must have valid California C -27 Contractors License. D. Successful bidder will be required to obtain a City Business License. E. The City of El Segundo reserves the right to eliminate, at any time, contractual bid items which include landscaped area or areas. Annual elimination of items will not exceed more than 15% of the total annual contract payment per year. XIII. AREA OF WORK AND RESPONSIBILITY (Please see BID FORM sheet for area of work and responsibility). XIV. CONTRACT PRICING AND ADJUSTMENTS When due to weather, oversight or any other reason, a section(s) is not maintained as agreed to, the City will deduct the amount bid for this section(s) from the regular payment. For this reason the contractor is encouraged to be careful when quoting each section on the bid form. The City reserves the right to reject any itemized bid in total, if, in the opinion of the Director of Recreation and Parks, the price bid on any one or more individual section(s) appears to be in error, unreasonably out of line with the amount of work to be performed or may not be required. Landscapespecs 0 100 XV. REQUIRED INSURANCE. 13 Liability Insurance. 1. Policy. Without limiting Contractor's indemnification obligations to City hereunder, Contractor shall obtain and maintain during the Term of this Agreement, at its sole expense, a policy or policies of liability insurance. The coverage shall provide the following minimum limits: Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required limits. 2. Certificates. Prior to the commencement of Services, and at all times during the Term of this Agreement, contractor shall file with City, certificates of insurance in forms reasonably acceptable to City relating to the required insurance coverage, issued by an insurance company providing the policies of insurance required hereunder, authorized to do business in the State of California, with all endorsements. Endorsements to the policies and /or certificates of insurance providing the required liability insurance coverage shall be obtained by Contractor, and filed with the City, containing the following three provisions: 1. Additional Insurers: The City and its elected and appointed boards, officers, agents, and employees shall be names as additional insurers; and 2. Notices: Each policy required shall provide that such policy shall not be terminated, nor canceled not the coverage substantially modified, except upon sixty (60) days prior written notice given to City to the Insurer and the Contractor; and 3. Prima [y: The Contractor's insurance shall be primary. Any other insurance maintained by the City shall not be deemed excess or contributing with the insurance required by the Agreement. Landscape.specs 1 0 191 B. Workers' Compensation Coverage. Contractor shall procure and maintain during the Term of this Agreement, at its own cost and expense, workers' compensation insurance coverage, in minimum amounts and coverages required by law. C. Claims: Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of Service pursuant to this Agreement.. XVI INDEMNITIES A. By Contractor. Contractor ( "Indemnifying Party ") assumes the sole risk for all the services to be performed by it pursuant to this Agreement. Indemnifying Party agrees and does hereby indemnify, defend, save, and hold harmless City, its elected and appointed officials, officers, agents, and employees ( "Indemnified Parties "): From and against loss, damage, liability, claims, cost, and expenses from damage, of any nature, including, but not limited to bodily injury, occupational disease, death, personal injury, property damages, attorneys' fees and court costs (hereinafter "Loss "), arising out of the performance of services hereunder by Indemnifying Party; and 2. From and against any and all Loss, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to contractor in its performance pursuant to this Agreement; and B. Third Party Action. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct by Contractor, or by an alleged dangerous condition of property created by Contractor, Contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City, and its elected and appointed officers, agents and employees. C. Effect of Insurance. The existence of Comprehensive Liability Insurance coverage as required pursuant to this Agreement shall not be deemed to satisfy the indemnity provision of this Agreement. Landscape.specs 11 0 192 XVII WAGE RATES AND LABOR CODE REQUIREMENTS The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the state Director of the Department of Industrial Relations, pursuant to Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the City Clerk of the City of El Segundo and are available for review upon request. Attention is directed to the provisions 1777.6 of the State Labor code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Landscape.specs 12 0 1 9 3 YEAR BID FORM LANDSCAPE MAINTENANCE XVIII FIRST Prices will be quoted by the week, with yearly extension. For inspection of sites call: Richard Williams, Parks Maintenance Superintendent, (310) 322 -3769. NOT AWARD FOR ALL ITEMS TO GO TO ONE CONTRACTOR ONLY. Those not bidding all items will not be considered. COST AREA OF WORK RESPONSIBILITY WEEKLY YEARLY A. ACACIA PARK B. HILLTOP PARK C. KANSAS PARK D. LIBRARY PARK E. SYCAMORE PARK F. WASHINGTON PARK G. CONSTITUTION PARK H. CANDY CANE PARK I. MIDDLE SCHOOL FIELD J. IMPERIAL STRIP K. EL SEGUNDO BLVD. MEDIAN STRIP L. HILLTOP RESERVOIR M. SEPULVEDA BLVD. MEDIAN STRIP N. ROSECRANS BLVD. MEDIAN STRIP(E. of Sep.Blvd) O. HUGHES WAY P. RECREATION PARK (Mowing & Edging only) All areas subtotal weekly $ GRAND TOTAL YEARLY $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: By: Address: CONTRACTORS STATE LICENSE NUMBER Landscape.specs 13 Title: Telephone No DATE: 19 L4 XVIII SECOND YEAR BID FORM LANDSCAPE MAINTENANCE Prices will be quoted by the week, with yearly extension, For inspection of sites call: Richard Williams, Parks Maintenance Superintendent, (310) 322 -3769. NOTE: AWARD FOR ALL ITEMS TO GO TO ONE CONTRACTOR ONLY. Those not bidding all items will not be considered. COST AREA OF WORK RESPONSIBILITY WEEKLY YEARLY B. A. ACACIA PARK HILLTOP PARK C. KANSAS PARK D. LIBRARY PARK E. SYCAMORE PARK F. WASHINGTON PARK G. CONSTITUTION PARK H. CANDY CANE PARK I. MIDDLE SCHOOL FIELD J. IMPERIAL STRIP K. EL SEGUNDO BLVD. MEDIAN STRIP L. HILLTOP RESERVOIR M. SEPULVEDA BLVD. MEDIAN STRIP N. ROSECRANS BLVD. MEDIAN STRIP(E.of Sep.Blvd) O. HUGHES WAY P. RECREATION PARK(Mowing & Edging Only) All areas subtotal weekly S GRAND TOTAL YEARLY $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: By: Address: Title: Telephone No. CONTRACTORS STATE LICENSE NUMBER DATE: 14 Landscape.specs 0 19 �' XVIII THIRD YEAR BID FORM LANDSCAPE MAINTENANCE Prices will be quoted by the week, with yearly extension, for inspections of sites call: Richard Williams, Parks Maintenance Superintendent (310) 322 -3769. NOT AWARD FOR ALL ITEMS TO GO TO ONE CONTRACTOR ONLY. Those not bidding all items will not be considered. COST AREA OF WORK RESPONSIBILITY WEEKLY YEARLY A. ACACIA PARK B. HILLTOP PARK C. KANSAS PARK D. LIBRARY PARK E. SYCAMORE PARK F. WASHINGTON PARK G. CONSTITUTION PARK H. CANDY CANE PARK I. MIDDLE SCHOOL FIELD J. IMPERIAL STRIP K. EL SEGUNDO BLVD. MEDIAN STRIP L. HILLTOP RESERVOIR M. SEPULVEDA BLVD. MEDIAN STRIP N. ROSECRANS BLVD. MEDIAN STRIP(E.of Sep. Blvd.) O. HUGHES WAY P. RECREATION PARK(Mowing & Edging Only) All areas subtotal weekly$ GRAND TOTAL YEARLY $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: By: Address: Title: Telephone No. CONTRACTORS STATE LICENSE NUMBER Date: Landscape.specs 15 U 196 XIX STREET TREE TRIMMING SPECIFICATIONS 1. GENERAL PROVISIONS A. The contractor will provide labor and a designated lead man. The lead man and workers must be trained and knowledgeable o proper tree trimming and safety practices and able to operate vehicles and equipment. Lead man will coordinate work areas with Park superintendent or other designated City representative. B. The contractor will provide truck, chipper, chain saws, signs, barricades, cones, tools and equipment. The City will provide disposal site for wood and chippings. C. The contractor will follow all proper safety procedures and regulations including proper warning signs and the placing of cones in the street/work areas. The contractor must be fully cognizant of public safety and private property including vehicles, pedestrians, and fencing. Contractor shall be fully responsible and liable for any injuries and /or damages. D. The majority of these trees are street trees, the others are in parks and medians. Tree trimming must commence no sooner than October 15th and end no later than February 15th. Work must take place Monday through Friday, between the hours of 7:00 a.m. and 4:00 p.m. E. Work will be performed in generally accepted professional tree trimming practices and in a manner satisfactory to the City Parks Superintendent. Tree Trimming consists of removing dead, diseased, crowded, weakly attached, low vigor branches and water sprouts from a tree's crown. Selective removal of branches to increase light penetration and movement into the crown, and to reduce weight. Tree trimming may also involve removing limbs to leave a clear path for street signs, street lights, stop lights, and vehicle and pedestrian clearance. Clearance heights shall be at least thirteen (13) feet six (6) inches above the street and at least ten (10) feet six (6) inches above the sidewalk, unless otherwise directed by the City Parks Superintendent. F. Contractors must provide and /or currently possess the following prior to submitting a bid proposal. Contractor's State License (C -27), Central OfficeNard, two -way radio communication and excellent references from completing extensive work on similar type projects. Contractors must have at least three years experience as a licensed tree trimmer /arborist. G. All contractor's maintenance workers must wear company uniforms, clearly identifying the company's name. Orange vests must be worn when working in the street. 16 Landscape.specs 0 1 H. The contractor shall give his personal supervision to the work or have a competent supervisor /lead worker on the job at all times during progress of the work, with authority to act for him, be responsible for adherence to specifications and be available for consultation with the owner's representative. I. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the contractor and if not corrected, payments to the contractor will not be made or will be pro -rated until condition is corrected in a satisfactory manner as set forth in the specifications. The contractor will not receive payment when work is not performed. J. The contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any damage caused by his act. Landscape.specs 17 0 198 XX BID FORM TREE TRIMMING FIRST YEAR For inspection of trees call: Richard Williams, Parks Maintenance Superintendent (310) 322 -3769. NOTE: Award for all items to go to one contractor only. Those not bidding all items will not be considered. 1997 TREE TRIMMING DESIGNATION EAST IMPERIAL AVENUE 1208 Ficus 'Nitida' 1204 Ficus 'Nitida' 1200 Ficus 'Nitida' 1108 Ficus 'Nitida' 1038 Ficus 'Nitida' 1022 Ficus 'Nitida' 1018 Ficus 'Nitida' 1010 Ficus 'Nitida' (2 trees) 100 Washingtonia robusta (3 trees) 100 Ficus 'Nitida' (4 trees) WEST IMPERIAL AVENUE 100 Ficus 'Nitida' 122 Washington robusta (2 trees) 318 Ficus 'Nitida' 420 Ficus 'Nitida' 424 Ficus 'Nitida' 436 Ficus 'Nitida' 440 Ficus 'Nitida' 444 Ficus 'Nitida' 508 Ficus 'Nitida' 512 Ficus 'Nitida' Moose Lodge Ficus 'Nitida' (5 trees) EAST GRAND AVENUE 100 Ficus 'Nitida' 300 Washingtonia robusta (3 trees) 18 n 1 r Landscape.specs U WEST HOLLY AVENUE 400 Phoenix carariensis (2 trees) EAST MARYLAND AVENUE HILLTOP PARK PINUS canariensis (19 trees) TRISTANIA conferta MAGNOLIA grandiflora METROSIDEROUS tomentosus 600 MAIN STREET LIBRARY PARK SCHINUS terebinthifolius (3 trees) LIQUIDAMBAR styraciflua (3 trees) PLATANUS racemosa (2 trees) PINUS canariensis (2 trees) ACACIA melanoxylon (1 tree) MAGNOLIA grancliflora (1 tree) GRAND TOTAL $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: Address: LIM Title: Telephone No CONTRACTORS STATE LICENSE NUMBER DATE: 19 0 200 lJ U XIX BID FORM TREE TRIMMING SECOND YEAR For inspection of trees call: Richard Williams, Parks Maintenance Superintendent (310) 322 -3769. NOTE: Award for all items to go to one contractor only. Those not bidding all items will not be considered. 1998 TREE TRIMMING DESIGNATION MAIN STREET 100 to 500 Blocks Ficus 'Nitida' ( seventy -four (74) trees) RICHMOND STREET 100 to 300 Blocks Ficus 'Nitida' (forty -five (45) trees) GRAND AVENUE 200 West To 200 East Ficus 'Nitida' (thirty -eight (38) trees) 1900 East to 2100 East Ficus microcarpa (ten (10) trees EAST HOLLY AVENUE 100 Ficus 'Nitida' (7) CONCORD STREET 300 Ficus 'Nitida' (4) 318 Ceratonia siliqua 345 Ficus 'Nitida' 348 Ficus 'Nitida' 402 Ficus 'Nitida' 422 Ficus 'Nitida' 426 Tristania conferta WEST EL SEGUNDO BOULEVARD 321 Ficus 'Nitida' 20 0 201. Landscape.specs WEST WALNUT AVENUE 225 Ficus `Nitida' 302 Ficus 'Nitida' 305 Ficus 'Nitida' 415 Ficus 'Nitida' 430 Ficus 'Nitida' 508 Ficus 'Nitida' 512 Ficus 'Nitida' 516 Ficus 'Nitida' 624 Ficus 'Nitida' 630 Magnolia grandiflora CONCORD STREET 437 Ficus 'Nitida' 443 Ficus 'Nitida' 510 Ficus 'Nitida' 511 Ficus 'Nitida' 516 Ficus 'Nitida' 521 Ficus 'Nitida' 524 Ficus 'Nitida' 530 Ficus `Nitida' 539 Ficus 'Nitida' LOMA VISTA STREET 316 Olea europaea 340 Olea europaea 358 Ficus 'Nitida' 362 Ficus 'Nitida' 413 Olea europaea 422 Ficus 'Nitida' 430 Olea europaea 522 Magnolia grandiflora 617 Ficus 'Nitida' 801 Ficus 'Nitida' 810 Ficus 'Nitida' 909 Ficus 'Nitida' GRAND TOTAL $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: Address:_ By: Title: Telephone: CONTRACTORS STATE LICENSE DATE: Landscape.specs 21 O w For inspection of trees call: BID TREE TRIMMING THIRD YEAR Richard Williams, Parks Maintenance Superintendent (310) 322 -3769. NOTE: Award for all items to go to one contractor only. Those not bidding all items will not be considered. 1999 TREE TRIMMING DESIGNATION WEST MARIPOSA AVENUE 202 Carob 208 Ficus 'Nitida' 300 block Olive (Nine (9) trees) EAST MARIPOSA AVENUE 100 block - next to church Ficus 'Nitida' (1) 100 block - next to church Carob (two (2) trees) 501 Ficus 'Nitida' 540 (Sheldon & Mariposa) Carob (two (2) trees) 514 Ficus 'Nitida' (two (2) trees) 535 Carob (two (2) trees) 606 Ficus 'Nitida' 618 Carob 1356 1360 1420 1430 1437 1700 1700 MAIN STREET Ficus 'Nitida' Tristania Ficus 'Nitida' Ficus 'Nitida' Tristania Ficus 'Nitida' (1) Malaleuca (two (2) trees) 600 block West side Library Park parkway trees Magnolia (near Mariposa Ave) Carob (near Mariposa Ave) Ficus 'Nitida' (next to street light) 111 W. Palm Ave at Main Ficus 'Nitida' 101 E. Walnut Ave at Main Ficus 'Nitida' 745 Ficus 'Nitida' (four (4) trees) 807 Ficus 'Nitida' (two (2) trees) 22 Landscape.specs 0 � J 811 Ficus 'Nitida' 815 Ficus 'Nitida' 836 Ficus 'Nitida' 840 Ficus 'Nitida' 850 Ficus 'Nitida' 859 Ficus 'Nitida' 903 Ficus 'Nitida' 922 Ficus 'Nitida' 935 -945 Ficus 'Nitida' 950 Ficus 'Nitida' (three (3) trees) CONTINENTAL MEDIAN Between El Segundo Boulevard and Grand Avenue Eucalyptus (thirteen (13) trees) CALIFORNIA STREET AT SYCAMORE AVENUE In Sycamore Park BUNGALOW DRIVE 609 646 647 714 835 EUCALYPTUS DRIVE 331 335 421 433 821 Brazilian Pepper (two (2) trees) Carob Carob Carob Carob Carob Ficus 'Nitida' Ficus 'Nitida' Ficus 'Nitida' Ficus 'Nitida' Ficus 'Nitida' ROSECRANS MEDIAN (East of Sepulveda Blvd. To Aviation Blvd.) PINUS canariensis (ten (10) trees) PYRUS kawakamii (seven (7) trees) SYCAMORE AVENUE 1203 Tristania 1205 Tristania 1403 Ficus 'Nitida' (two (2) trees) 1411 Tristania Landscape.specs 23 0 2. 0 4 1420 Tristania 1435 Ficus 'Nitida' 1501 Ficus 'Nitida' 1507 Ficus 'Nitida' SHELDON STREET 605 Tristania (two (2) trees) 619 Tristania 623 Tristania (two (2) trees) 624 Ficus 646 Carob 743 Ficus 744 Carob 759 Ficus 'Nitida' 816 Ficus 'Nitida' (two (2) trees) 826 Ficus 'Nitida' 833 Ficus 'Nitida' 837 Ficus 'Nitida' 904 Ficus 'Nitida' 913 Ficus 'Nitida' 934 Carob 936 Carob 944 Carob 750 Carob GRAND TOTAL $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company: Address: Title: Telephone No: CONTRACTORS STATE LICENSE NUMBER DATE: 24 0 205 Landscape.specs CITY OF EL SEGUNDO CONTRACT AGREEMENT This Agreement is made and entered into by and between the City of El Segundo, a general law city ( "City ") and WITNESSETH: The parties hereto do agree as follows: SECTION 1. Recitals. This Agreement is made and entered into with respect to the following facts: A. City has heretofore established, Landscape Maintenance specification for City parks, street medians, open space, and selected tree trimming. B. In the time and manner prescribed by applicable law, City sought and received sealed bids for the purpose of providing stated services. C. Bids were received, publicly opened and declared and examined by City staff; and D. That Contractor was determined to be the lowest responsible bidder and the City Council of City has heretofore accepted the Bid proposal as submitted by Contractor and has directed and this agreement providing for landscape services be executed. E. That the City Council of City has heretofore determined that the public interest, convenience and necessity require the execution and implementation of this Agreement. SECTION 2 Contract Documents. The Contract Documents which pertain to this Agreement are as follows: A. Notice Inviting Bids, dated ; Exhibit A; B. Specifications No., dated ; Exhibit B; C. Bid proposal, dated , Exhibit C; (LIST ALL OTHER DOCUMENTS AS MAY BE NECESSARY TO FULLY DESCRIBED ALL CONTRACT DOCUMENTS) The originals of all of the above Contract Documents designated as Exhibits A Landscape.Con through Exhibit , inclusive, are on file in the Office of the City Clerk and are available for public inspection thereat. The said Contract Documents, and each of them, be and hereby is, incorporated herein by this reference as if set forth in full. The Contract documents are complementary, and what is called for in any one of the Contract Documents shall be as binding as if called for by all Contract Documents. Any conflict between the Agreement and the Contract Documents shall be resolved by reference to the provisions of this Agreement. SECTION 3 Term. The term of this Agreement shall be for a period of three (3) years, commencing on the day that the City gives a written notice to proceed to the Contractor. The Agreement will have three (3) one (1) year extension options and may be terminated by either party on thirty (30) day written notice to the other. SECTION 4. Services to be Performed by Contractor. Contractor shall perform the work and services described in the Contract Documents ( "Services "). Contractor shall provide all labor and materials, tools, equipment and transportation required to perform the Services. SECTION 5. Compensation. Contractor shall be compensated for its Services in accordance with the bid proposal, Exhibit C. Contractor shall provide City with invoices which shall describe the amounts of periodic compensation sought and describe the Services performed therefor. If the parties find themselves in dispute over the amounts due to Contractor, the parties shall each designate a representative to meet and discuss, in good faith, the settlement and /or resolution of such dispute. If the informal discussion process does not resolve the dispute, the disputing party may exercise its rights pursuant to Section 29 hereof, pertaining to arbitration. SECTION 6. Compliance With Law. Contractor shall comply with all applicable laws in performing the work and services pursuant to this Agreement. SECTION 7. Warranties. The parties hereto do warrant to one another as follows: A. That each party hereto had the legal authority to enter into this Agreement; and B. That contractor currently holds, and will continue to hold during the term of this Agreement, including, but not limited to, a business license issued by City; and C. That Contractor has or will employ the qualified, professional and technical personnel required to perform the services; and D. That Contractor possesses appropriate required equipment to perform the Services; and Landscape.Con 2 0 207 E. That it will perform all Services in the manner contemplated by this Agreement and the Contract Documents. SECTION 8 Independent Contractor. It is expressly understood and agreed that Contractor has been retained by city pursuant to this Agreement, as an independent contractor, as distinguished from an employee or agent of the City, to perform the Services. Contractor acknowledges that independent contractor status and acknowledges and agrees that it has no authority to obligate or bind City in any way, for any purpose. SECTION 9. Cooperation. Contractor agrees to work closely and cooperate fully with City staff assigned to work with Contractor. SECTION 10. Time of Performance. Time is of the essence in performance of Services pursuant to this Agreement. SECTION 11. Indemnities. A. By Contractor. Contractor ( "Indemnifying Party ") assumes the sole risk for all the Services to be performed by it pursuant to this Agreement. Indemnifying Party agrees and does hereby indemnify, defend, save, and hold harmless City, its elected and appointed officials, officers, agents, and employees ( "Indemnified Parties "): From and against loss, damage, liability, claims, cost, and expenses from damage, of any nature including, but not limited to, bodily injury, occupational disease, death, personal injury, property damages, attorneys' fees and court costs (hereafter "Loss "), arising out of the performance of Services hereunder by Indemnifying Party; and 2. From and against any and all Loss, which may accrue to any and all persons, or business entities furnishing or supplying work, services, materials, equipment or supplies to contractor in its performance pursuant to this Agreement; and B. Third Party Action. In the event that Contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct by contractor, or by an alleged dangerous condition or property created by Contractor, Contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City, and its elected and appointed officers, agents and employees. C. Effect of Insurance. The existence of Comprehensive Liability Insurance coverage as required pursuant to this Agreement shall not be deemed to satisfy the indemnity provisions of this Agreement. C, Landscape.Con 3 0 2 C , SECTION 12. Required Insurance. A. Liability Insurance. 1. Polic . Without limiting Contractor's indemnification obligations to City hereunder, contractor shall obtain and maintain during the Term of this Agreement, as its sole expense, a policy or policies of liability insurance. The coverage shall provide the following minimum limits: Bodily Injury Property Damage $250,000 each person $500,000 each occurrence $100,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $100,000 will be considered equivalent to the required limits. 2. Certificates. Prior to the commencement of Services, and at all times during the Term of this Agreement, contractor shall file with City, certificates of insurance in forms reasonable acceptable to City relating to the required insurance coverage, issued by an insurance company providing the policies of insurance required hereunder, authorized to do business in the State of California, with all endorsements. Endorsements to the policies and /or certificates of insurance providing the required liability insurance coverage shall be obtained by Contractor, and filed with the City, containing the following three provisions: 1. Additional Insurers: The City and its elected and appointed boards, officers, agents, and employees shall be names as additional insurers; and 2. Notices: Each policy required shall provide that such policy shall not be terminated, nor canceled not the coverage substantially modified, except upon sixty (60) days prior written notice given to City to the insurer and the Contractor; and 3. Prima [y: The Contractor's insurance shall be primary. Any other insurance maintained by the City shall not be deemed excess or contributing with the insurance required by the Agreement. B. Workers' Compensation Coverage. Contractor shall procure and maintain during the Term of this Agreement, at its own cost and expense, workers' Landscape.Con 4 0 2" compensation insurance coverage, in minimum amounts and coverages required by law. C. Claims: Contractor shall give to City prompt and timely notice of any claim made or suit instituted arising out of Contractor's performance of Service pursuant to this Agreement. SECTION 13. Assignment. Subcontractors. A. Assignment. Contractor may not assign any right or obligation under this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five (25 %) or more of the assets of the corporation, partnership or joint venture. B. Subcontractors. Contractor may not employ any subcontractors unless specifically authorized by City. SECTION 15. City's Responsibilities. City shall furnish to Contractor such information it has, if requested in writing by contractor, necessary for Contractor to complete the Services. City further agrees to provide all such materials in a timely manner so as not to cause delays in Contractor's performance hereunder. SECTION 16. Administration. This Agreement will be administered for City by the Director of Recreation and Parks or his /her designee who shall have the authority to act for the City under this Agreement. Contractor shall designate a qualified person to act for Contractor with respect to such contract administration. SECTION 17. Additional Work. Compensation. A. Additional Work. No change in the Services described herein or additional work not contemplated by this Agreement shall be authorized or performed except upon the prior written direction and authorization of the Director of Recreation and Parks. SECTION 18. Reimbursement for Expenses. Contractor shall not be reimbursed for any direct or indirect out -of- pocket costs incurred by Contractor in the performance of Services hereunder. SECTION 19. Records. Contractor shall keep records and invoices in connection with its Services to be performed under this Agreement. Contractor shall Landscape.Con ' maintain complete and accurate records h identifiable. hContractor shaldl allowrahis clearly Agreement. All such records shall be y representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Contractor shall maintain and allow inspection of all work, data, documents, [proceedings, and activities related to this Agreement for a period of four (4) years from the date of final payment of compensation under this Agreement. SECTION 20. Labor and Performance Bonds. Contractor shall furnish, concurrently with the execution of this Agreement, the following: 1. Performance Bond. A surety bond in an amount of 100 percent (100 %) of the contract bid price as security for the Faithful Performance of this Agreement; and 2. Labor and Materials Bond. A separate surety bond in an amount of 100 percent (100 %) of the contract bid price as security for the payment of all persons furnishing labor or materials in connection with the work under this Agreement. Both the Surety and Surety Form must be satisfactory to City. The rights and remedies available to City pursuant to this paragraph shall be cumulative with all rights and remedies available to City pursuant to statutory and common law. All rights and remedies are expressly reserved, and neither the furnishing of the Bonds, nor acceptance by City, shall constitute a waiver pf amu other rights or remedies available to City against Contractor. SECTION 21. Payment of Compensation. City shall make payment to Contractor within thirty (30) days of receiving a monthly invoice unless City disputes the amount contractor claims is owed under this Agreement. SECTION 22. Labor. A. Contractor shall pay no less than the prevailing wage rates as required by Section 1771 and 1774 of the California Labor Code. Contractor shall conform with all applicable provisions set forth in the Labor Code, and the Federal Fair Labor Standards Act. B. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any Subcontractor under him, in violation of the provisions of this Agreement. C. Whenever Contractor has knowledge that any actual or potential labor Landscape.Con Z dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all revelant information. SECTION 23. Nondiscrimination by Contractor. Contractor represents and agrees that it does not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. SECTION 24. Notices. Whenever notices are required to be given pursuant to the provisions of this Agreement, the same shall be in written form and shall be served upon the party to whom addressed by personal service as required in judicial proceedings, or by deposit of the same in the custody of the United States Postal Service or its lawful successor in interest, postage prepaid, addressed to the Parties as follows: CITY: City of Ell Segundo 350 Main Street El Segundo, California 90245 CONTRACTOR: Attention: Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following the deposit of the same in the United States mail. SECTION 25. Binding Effect. The provisions of this Agreement shall be binding upon the Parties hereto and their respective successors in interest. SECTION 26. Section Headings. The section headings contained in this Agreement are for convenience and identification only and shall not be deeded to limit or define the contents of the sections to which they relate. SECTION 27. No Presumption re: Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any Landscape.Con 7 interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. SECTION 28. Assistance of Counsel. Each party to this Agreement warrants to each other party, as follows: That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and 2. That each party has lawfully authorized the execution of, this Agreement, and all related documents; and SECTION 29. Arbitration. Except as otherwise expressly provided herein, the Parties hereto agree that any claim or dispute between them, arising out of or relating to the terms of this Agreement, shall be resolved by compulsory binding arbitration qualified person the parties mutually agree upon. The claim or dispute being arbitrated shall be resolved in accordance with California law. The arbitration proceedings shall be governed by the laws and procedures governing civil judicial proceedings in this State. Each party shall comply with all applicable laws relating to binding and compulsory arbitration, the directions given by the Arbitrator and the provisions of this Agreement. The determinations made by the Arbitrator, if within the scope of the Arbitration and the Arbitrator's function, shall be binding and conclusive on the Parties and shall be enforceable in the manner provided by law. The Arbitrator shall be selected in the following manner: The party initiating the arbitration ( "Initiating Party ") shall prepare and submit to the other party a list ( "List ") containing the names of not to exceed three (3) retired Superior Court Judges all of whom the Initiating Party believes are qualified to serve as Arbitrator., the names of the judges on the List shall be numbered consecutively. 2. The party upon whom the List is served, within ten (10) calendar days after service of the List, shall either: a. Select one of the named retired judges to act as Arbitrator, in which case that retired judge shall serve as the Arbitrator; or b. Strike one (1) name from the List. 3. Upon expiration of said ten (10) day period, if no selection is made, the Arbitrator shall be the retired judge on the List with the lowest number next to his name, unless that judge's name was stricken during the ten (10) day period by the non - initiating party. Landscape.Con 8 4. If, for any reason, the retired judge designated as the Arbitrator is unwilling or unable to serve as the Arbitrator, the judge on the List with the next lower number whose name was not stricken shall be the Arbitrator. In the event that none of the three retired judges named on a List, are willing or able to serve as the Arbitrator, the Initiating Party shall prepare and submit a new List, containing the names of not to exceed three (3) different retired judges, and the above described procedure shall be followed until an Arbitrator is selected. By way of illustration, if the List served by the initiating Party, upon the other party, has the name of three (3) retired judges, A, B, and C, numbered 1, 2, and 3, respectively; and Number 1 is stricken, then B, Number 2 shall be deemed, for all purposes, to be the selected Arbitrator. SECTION 30. Severability. This Agreement shall not be deemed severable. If any provision or part hereof is Judaically declared invalid, this Agreement shall be void and of no further effect. SECTION 31. Modification. Amendment. This Agreement shall not be modified or amended except by written agreement of the Parties. SECTION 32. Termination. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. If such default is not cured within a reasonable time as determined by City, to cure the default and Contractor fails to perform or give adequate assurance of due performance within the time set by City after contractor receives notice of default from City, City may terminate this Agreement forthwith. SECTION 33. Cost of Litigation. If any legal action including arbitration, is necessary to enforce any provision of this Agreement, including damages for a breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action or the arbitrator shall determine and award reasonable attorneys' fees and expenses to the prevailing g party in such proceeding. SECTION 34. Waiver. A waiver by City of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent whether of the same or a different character. SECTION 35 Integrated Contract. This Agreement represents the full and complete understanding of every kind of nature whatsoever between the Parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. SECTION 36. Effective Date. The effective date of this Agreement shall be the date the City gives Contractor written notice to proceed with the services. Landscape.Con 9 0 211 1 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. DATED: CITY OF EL SEGUNDO By: Sandra Jacobs, Mayor ATTESTED: City Clerk CONTRACTOR By: Name, title NAME OF CONTRACTOR ADDRESS TELEPHONE (STATE CONTRACTOR'S LICENSE NUMBER, if applicable) Landscape.Con 10 n n ' r EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amendment of Agreement with Manhattan Beach calling for Median Landscape Maintenance of Rosecrans Avenue. RECOMMENDED COUNCIL ACTION: Approve a five (5) year amendment to extend current agreement with Manhattan Beach for maintenance of Rosecrans Avenue Median. INTRODUCTION AND BACKGROUND: In 1977 the City of El Segundo and Manhattan ans Avenue between agreeme and Aviation Median landscape maintenance of Rosec Boulevard. DISCUSSION: The present agreement calls for the City of Manhattan Beach to maintain the landscaping of the Rosecrans Avenue median from Highland Avenue to Sepulveda Boulevard. The median from Sepulveda Boulevard to Aviation Boulevard is the responsibility of the City of El Segundo. In looking at the area to be maintained, an equal amount of median landscaping falls to both cities. It would also seem to be in El Segundo's best interest to care for the median between Sepulveda Boulevard and Aviation Boulevard due to large amount of development on the El Segundo side of Rosecrans Avenue. It should be noted that the present agreement has worked for twenty (20) years without any problems or conflicts. ATTACHED SUPPORTING DOCUMENTS: 1. Agreement between the Cities of Manhattan Beach and El Segundo. 2. Amendment to Agreement. FISCAL IMPACT: NONE (Check one) Operating Budget: capital Improv. rsuagei: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No ORIGI Jim D• Date: June 6, 1997 m F ecrea ion and Parks Director TRE D BY: Date: on, City Manager A TON TAKEN: f1 agr97617.agr 6/6/97 9:35 a.m. U ATTACHMENT - 1. ' %. AG10! ?4FNT 0 M. F.'.N THIS Cx'r763 OR 14ANHATTAN BEACH AND EL REOUNDO FOR THE MEDIAN LANDSCAPE MAINTENANCE OF ROSECRANS AVENUE BFTWEFN HIGHLAND AVENUE AND AVIATION BOULEVARD T11IS AGRFFMENT, made and entered intb this r, d dit of May , 1977, between the CITY OF MANHATTAN BEACH and the CITY OF' FL ROUNDO, municipal corporations or the County of Los' Angeles, State of. California, is made with respect to the following1 facts. 1. Rosecranx Avenue, between Aviation Boulevard and Highland Avenue to on the Select System of Streets fqr this Cities or Hanhattiin. Floaeh and E1 neeundo with the City boundary xenerally coinciding with the center lino of Roaecrane Avenue. 2. The two cities desire to jointly maintain median island landscaping, irrigation oyatem and appurtenances on Rossorsne Avenue between Aviation Boulevard and Highland Avenue. 3. Title t, Division 7, Chapter 5, Article 1 or the Government Code of the State of California (aoetions 6500 to 65131 inclusive, providini, for Joint powers aGreemonts between public agencies us defined in Section 6500 of the Oovernment Code) gives authority for the Joint accomplishment such projee'te. NOW T1111A11f'ORPI., IT IS MUTUALLY AGREED AS FOLI-OwS! A. The scope of the landscape maintenance shall include all trees, shrubs and ground cover, irrigation cystom, water supply and appurtenan- ces within the median island of Roseerans Avenue between Aviation Boule- vard and 111ahland Avenue. B. The City of Manhattan Beach shall perform all maintenance functions for the Rusecrnns Avenue landscaped median from Highland Avenue to Sepulveda Boulevard. 0 217 i�osay „ r , 1 intenance functions C. The City of 1:3 .3egundo miall perform al ma for the Rosecrana Avemle landecapad median from Sepulveda Boulevard to Aviation Boulevard. D. It is mutually understood and agreed that any major changer in the type or nmount of landscaping as it exSets shall be done only with the concurronue of both parties. F. This contract shall become effective on the date mentioned above and shall run for a.twenty (20) year period beginning July to 1" and ending .Tune: 30, 1997 r. Notwithstnnding the provinions of .Paragraph 0 above, either party may terminate tttis agreement as of the first day of July of any year upon notice in writing to the other party of not less than two (e) calendar months prior to the date of termination. The CITY OF MANHATTAN BEACH and the CITY OF EL SEOUNDO have cn.used thus agreement to be approved by the City Councils of said Cities with authority that the same be executed by the respective Mayors and City Clarks of said Cities, the day and year first hereinaboi written. A11TEST : "Ciiv Ci erc (,O.EAL) ATTEST: CITY OF EL SEGUNDO -A. �2)46-� C3 er r►yor pro Ternpore (SEAL) 11/MpVLD 11r;,TO,�01'1N 0 E-1 S EXTENSION OF AGREEMENT BETWEEN THE CITIES OF MANHATTAN BEACH AND EL SEGUNDO FOR THE MEDIAAN D AVENUE AND AVIATION BOULE NS VARD AVENUE BETWEEN HIGHL This AGREEMENT, made and entered into this _ day of 1997 between the CITY OF MANHATTAN BEACH and THE CITY OF EL SEGUNDO, municipal corporations of the County of Los Angeles, State of California, is made with respect to the following facts: I . On May 3, 1977, the parties entered into an agreement to provide for median landscape maintenance of Rosecrans Avenue between Highland Avenue and Aviation Boulevard ( "Original Agreement "). This Original Agreement is set to expire on June 30, 1997. 2. The parties desire to extend the term of the Original Agreement for a period of five (5) years. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: A. The term of the Original Agreement shall hereby be extended for a period of five (5) years so that the term of the Original Agreement shall now expire on June 30, 2002. The CITY OF MANHATTAN BEACH and The CITY OF EL SEGUNDO have caused this AGREEMENT to be approved by the City Councils of said cities with the authority that the same may be executed by the respective Mayors and City Clerks of said Cities. Attest: CITY OF MANHATTAN BEACH City Clerk Mayor (Seal) Attest: CITY OF EL SEGUNDO City Clerk Mayor sAlandscap.wpd 0 219 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Agenda Adoption of plans and specifications for construction of a retaining wall along the northside of Recreation Park (estimated cost = $63,000.00). CIL 1. Adopt plans and specifications. 2. Authorize staff to advertise project for receipt of construction bids. INTRODUCTION AND BACKGROUND: The fiscal year 1996 -97 Capital Improvement Program includes a project to construct a retaining wall on the northside of Recreation Park between Pine Avenue and the park picnic area. The purpose of the project is to stop the severe erosion of the embankment that supports Pine Avenue, which is approximately fifteen (15) feet above the picnic area. DISCUSSION: Staff has prepared plans and specifications for the project. The proposed work includes construction of an approximately 180 feet long and average 6' high masonry block retaining wall at the toe of the embankment north of the picnic area. The wall will be similar in appearance to the existing wall west of the picnic area. The work also includes removal of existing trees and landscaping on the eroded embankment, placement of a compacted fill material to stabilize the embankment and a 42 inch high chain link fence on top of the new wall. After completion of construction, the Recreation and Parks Department will install landscaping on the new embankment. The total estimated cost of the project including design, inspection and construction contingencies is $63,000.00. ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $63,000.00 — Project/Account Budget: $63,000-00 Project/Account Balance: $54,500.00 Date: 6/6/97 Account Number. 301 - 400 - 8202 -8340 Pict Phase: Adoption of plans and specifications Appropriation Required: No PW- JUN17.02 (Monday 6/9/97 4:00 PM) PROPOSED RETAPAW WALL N N Z POE AVE / r!' 0. J ul HOLLY AVF- CLUB HOUSE BASEBALL DIAMOND PICNIC 1 JAREA / U FIRE IJf CIRCLE C J P rb.�: TENNIS COURT 3 �7 u c TENNIS COURT TENNIS TENNIS COURT COURT -N- a z21 PLOT PLAN SCALE: 1" = 100' EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Agenda AGENDA DESCKIF I wrv: Adopt plans and specifications for the 1996 -97 Slurry Seal of Various Streets - Project No. PW 97 -11 (estimated cost $92,500.00). ENDED CO Adopt plans and specifications. Authorize staff to advertise for receipt of construction bids. INTRODUCTION AND BACKGROUND: The Public Works Department has an annual preventative street maintenance program financed by the City's share of gasoline tax revenues. The application of slurry seal is intended to extend the life of the pavement and to prevent more expensive rehabilitation in the future. This program involves the application of a very thin asphalt coating on the pavement to seal it from moisture intrusion, thereby extending its useful life. Prior to the slurry seal application, the Street Maintenance Division performs pavement repairs and other preparatory work. DISCUSSION: Staff has prepared plans and specifications for the 1996 -97 Slurry Seal Program which includes the streets within the area bounded by Imperial Avenue, Sheldon Street, Mariposa Avenue and the west City limits. The project also includes Mariposa Avenue between Center Street and Sepulveda Boulevard where a City water main was recently replaced. The total estimated cost of the project, including inspecting costs and construction contingencies, is $92,500.00. This estimate is $7,500.00 more than the budgeted amount primarily due to the addition of Mariposa Avenue, east of Center Street. The revised estimate is close enough to the budgeted amount that the City may receive a low bid to permit project construction without additional funding. Staff recommends advertising the project for receipt of construction bids to establish actual construction costs. After bid opening, staff will submit recommendations to the City Council for award of contract and any needed budget allocations. ATTACHED SUPPORTING DOCUMENTS: Map of area to be slurry sealed. FISCAL IMPACT: Operating Budget: No Capital Improvement Budget: Yes Amount Requested: $92,500-00 Project/Account Budget: $85,000-00 Project/Account Balance: Date: Account Number. 106 -400- 8203 -8357 Project Phase: Adopt plans and specifications Appropriation Required: Not at this time ORIGINATED' _ -i /j, Date: / 7 A Klri(A -�`- 6 a 9 Date TAKEN: PW- JUN17 -03 (Monday 6/9/97 4:00 PA 2 2 n W 3NUGH1MVH !0 Alto J I A1Nnoo S3139NV 501 AM♦ Oa ➢10 Nvs CAI@ 1'eIN�O YI > W J Y \ T J J � w► w w w w • w o w i 1�5 \ ►i 9 v u a NOIAVIA• -1 At OONOOIN At• If11Fi $ U W m 2 H a z Z LO7 n1M li '_— 7M •tO I LL = )AV 1117 0 3M INI� =3m t1AA38 NIOr .3M wlu U "3AV 31,11t11 3M 71JI2td JAY iunvi all A7NYn011 — DN 3N]Nvis N A N r` 6H` ►MO O 0 Z :.7 ELI LL O J W CL Q LL O } F- u z W J 10 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Consent Agenda AGENDA DE51L;tt1F 1 wrv: Request for the City Council to approve lowest bid for one crew -cab pickup truck. RECOMMENDED COUNCIL ACTION: Authorize the Budget Analyst to issue a purchase order for the amount of $27,190.29 to Villa Ford for the purchase of the crew -cab pickup truck. INTRODUCTION AND BACKGROUND: The Staff was authorized to purchase vehicles as outlined in a report issued to the City Council on May 20, 1997. DISCUSSION: The results of the bid opening are attached. The Department of Public Works has confirmed that the recommended vendor's vehicle meet the City's requirements. ATTACHED SUPPORTING DOCUMENTS: Bid number 9703 bid results. May 20, 1997 Staff Report FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $27,190.29 - Project/Account Budget: $38,650.00 Project/Account Balance: $38.650.00 Date: 06 -06 -97 Account Number: 601 -400- 0000 -8105 Project Phase: Appropriation Required - Yes_ No X R GINATED: Date: June 6, 1997 ke s n, Fire Chief ESchroder, Director of Public Works Eu Vr of Finance BY: TAKEN: Date: G 22-4 r- OA c _ 0 CO J D CO w m O 0 Z D 0 w m J w U. O U M O r rn a W m Z 9 m Y U D w F- a Y F- U z a0 m U a0 UD a 3:N W > W p 00 �O� LL >O�LLYO LL UO U) aJa w0> - Um �F_ --Waw= �ly�z 5 O U O MP Z O E 2 ca a� w C O T a a. co O U 6 a; O Z 0 22) 5 to tq C co t0 Q a' m O 'a M M N � N v(O W O N N N N U� c c `O U) O O v un o" UlNN • m tC) U O M It Of go J 0 to r- U*)� ' N N O LL -i M r N C W N OW ``' N LL C C L F O NIOLn r' O > , N OD O O W O O Nt t0 Y? to ao to Z C Q U M N N O cl C Y U D w F- a Y F- U z a0 m U a0 UD a 3:N W > W p 00 �O� LL >O�LLYO LL UO U) aJa w0> - Um �F_ --Waw= �ly�z 5 O U O MP Z O E 2 ca a� w C O T a a. co O U 6 a; O Z 0 22) 5 to O 04 �O w LL M N a c U) F- W E5 Y U D w F- a Y F- U z a0 m U a0 UD a 3:N W > W p 00 �O� LL >O�LLYO LL UO U) aJa w0> - Um �F_ --Waw= �ly�z 5 O U O MP Z O E 2 ca a� w C O T a a. co O U 6 a; O Z 0 22) 5 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 20, 1997 AGENDA HEADING: Consent Agenda Recommendation for vehicle replacement and purchase (fiscal impact: $29,500.00). Authorize staff to purchase a vehicle as outlined in the report. INTRODUCTION AND WOROUND: Included in the City's Equipment Replacement Fund for FY 96 -97 is Unit #2205, a 1978 Chevrolet pickup with 93,000 miles, identified for replacement in FY 96 -97. This vehicle is assigned to the Equipment Maintenance Division and used for maintenance and repairs of remote located equipment such as storm pumps, emergency generators, parks and golf course vehicles. Additionally, Unit #2205 is used for transport of equipment and to assist disabled vehicles in the field. Originally scheduled for replacement in 1990, Unit #2205 has been evaluated and held over each year. The current configuration of Unit #2205 no longer suits the need of the Equipment Maintenance Division and Staff recommends it be replaced with a utility bodied truck. A truck of this type would allow the vehicle to carry the necessary tools, equipment and parts to maintain and repair vehicles and equipment in the field. A vehicle of this type, fully stocked, can reduce down time in critical emergency situations when storm pumps, emergency generators, etc. are out of service. Operating Budget: Capital Improvement Budget Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: Discussion continued on the next page ... Yes No $29,500.0 (estimated) $38,650.00 Date: As of 6/30/97 601 -400- 000 -8104 No ORIGINATED: �, ate: ral Services Manager, Public or John Hilton, Ge g Carl Nessel, att lion Chief, Fire Department te: RMWED ryt i ate: James er Page 1 of 2 PW- MAY20.05 (Monday 5/12/97 11:00 AM) 0 179 The Fire Department has unit #3315, a 1986 Ford utility bodied pickup, with less than 25,000 miles. This vehicle ssor and haul equipment. pment. The FirelDepartment would like a ehicle ability t h that can be used for the compre following functions: A vehicle that can transport five or six firefighters and equipment; Can tow the air compressor, mobile command trailer, etc.; Can be used as a reserve command vehicle; Can be used as a Strike Team Leader's vehicle when responding to wildland fires. The vehicle that best meets all criteria is a crew -cab pickup truck. This type of vehicle would be of great value to the Fire Department in the performance of routine and emergency duties. Discussions between the Equipment Maintenance Division and the Fire Department revealed that both needs can be met by purchasing only one vehicle instead of two. The Equipment Maintenance Division will purchase a crew -cab pickup. This new vehicle will be transferred to the Fire Department. In return, the Fire Department's utility pickup, Unit #3315 will be transferred to the Equipment Maintenance Division. The Equipment Maintenance Division will outfit Unit #3315 as described earlier. The Fire Department will outfit the new crew -cab pickup for emergency responses and as the designated Strike Team vehicle. Both departments get a vehicle better suited for their operational needs, resulting in only one vehicle being purchased, a significant savings to the City. It is further recommended the normal bid process be suspended for this purchase. By authorizing the Equipment Maintenance bivision and the Fire Department to proceed in this manner, the vehicle most compatible with the current fleet will be purchased in a timely fashion. Recent events indicate the brushfire season is already upon us and the Fire Department would need time to outfit the vehicle for emergency response. The normal bid process would delay the acquisition several months and, could increase the overall cost by ordering next year's model. The estimated cost of the vehicle is: ...... $29,500 The breakdown of available funds (balance in Equipment Replacement Fund): Equip Maint Div Unit #2205 ....... $16,000 Fire Dept Unit #3315 ............. 22.650 Total: ....................... $38,650 Page 2of2 PW- MAY20.05 (Monday 5/12/97 11:00 AM) n •'f 0 ]80 n 2 _ EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Agreement providing for a three year Memorandum of Understanding between the City Council and the El Segundo Police Officer's Association. Fiscal Impact: $ 820,000 , three -year total compensation cost.. Funds are available in the City's 1997/98 Fiscal Year Operating Budget for the first year 7% salary increases. RECOMMENDED COUNCIL ACTION: Approve the Agreement Adopt Resolution INTRODUCTION AND BACKGROUND: The attached agreement providing for a three -year Memorandum of Understanding is a mutual agreement reached between authorized representatives of the City Council and the El Segundo Police Officer's Association. DISCUSSION: City and Association representatives met and conferred in good faith pursuant to California Government Code Sections 3500 et seq., and City Resolution number 3208. The effective date of the compensation - related adjustments is July 5,1997. ATTACHED SUPPORTING DOCUMENTS: Resolution Agreement prepared by Richard Kopenhefer, Esq., - Loeb & Loeb FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $820,000 over three fiscal years Project/Account Budget: Project/Account Balance: Date: 7/1/97 Account Number: Various Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: June 1o, ivur BoYR4, nd, Director of Human esources /Risk Management RE I D BY: Date: W. Morrison, City Man N TAKEN: S AGREEMENT 'BETWEEN THE - CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE OFFICERS' ASSOCIATION The term of this MOU shall commence on June 28, 1997 and end on June 30, 2000. 2. The City and the Association shall incorporate the terms of this MOU into a Comprehensive MOU which shall contain all currently effective agreements between the City and the Association as set forth in MOU's from prior years. 3. The City shall maintain the current Educational Reimbursement Program during the term of this MOU and shall additionally reimburse members for post - graduate education consistent with the terms of the Program. 4. On July 5, 1997, the City shall increase the additional pay provided for college degrees by 2 percent for Bachelor's degrees and 3 percent for Master's degrees. 5. On July 5, 1997, the City shall increase court on -call pay by paying an additional two (2) hours pay at time and one -half (3 hours total) to officers held over on "on- call" status after twelve noon. 6. The City shall provide "Level 4" 1959 Survivors Benefits. 7. The City shall equalize sick leave payoffs upon retirement in accordance with Attachment A. 8. The City shall modify its Computer Loan Program in accordance with Attachment B. 9. The City shall modify its policy relative to direct deposit of paychecks in accordance with Attachment C. 10. The City's aggregate contribution toward dental, optical and life insurance coverage shall be capped at $85.00 per employee per month. 11. During the second year of this MOU, the City and the Association shall meet with the intent of discussing a Supplemental Early Termination Plan for employees. 12. Commencing on July 1, 1999, the Association will pay for one -half of the costs incurred in connection with Los Angeles County Civil Service Commission hearings to a maximum of $3,000.00 per year. 0 223 13. The City shall increase salaries by 7 percent on July 5, 1997, 2.65% on July 4, 1998, and 5.8% on July 3, 1999. For the: EL SEGUNDO POLICE OFFICERS' ASSOCIATION Joh Pre IVeliens, ident Glenn C61es, Secyetary n, Representative Date Mchron\poa- agmt.697 For the: CITY OF EL SEGUNDO James W. Morrison, City Manager Ti of Grimmond Chief of Police 4�- Robert Hyland, Director Human Resources /Risk Management Date 0 230 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO POLICE OFFICER'S ASSOCIATION. WHEREAS, the City has met and conferred in good faith with representatives of the El Segundo Police Officers' Association; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; NOW, THEREFORE, be it resolved, by the City Council of the City of El Segundo as follows: SECTION 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "Agreement ") between the City of El Segundo and the El Segurdo Police Officer's Association. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 17th day of June 1997. Sandra Jacobs, Mayor of the City of El Segundo ATTEST: Cindy Mortesen, City Clerk (SEAL).. APPROVED AS TO FORM: Mark . Hensley, City ttomey 0 231 ATTACHMENT A SICK LEAVE PAYOFF UPON SEPARATION Employees, upon separation, after ten (10) years of service, will be compensated 50% of their accumulated, unused sick leave at the employees' current rate. Upon separation after twenty (20) years of service, employees will be compensated at 90% of the employees' accumulated unused sick leave at the employees' current rate. Employees separating from service because of a disability retirement, after five (5) years of service, will be compensated at 90% of the employees' accumulated, unused sick leave at the employees' current rate. BH /ss 6/97 h: \chron97 \pyoffpoa.s1 0 232 ATTACHMENT B COMPUTER LOAN PROGRAM A. Eliminate the current practice of "refinancing" to the maximum allowable loan amount. B. As of July 1, 1997, all participants to the loan program will be eligible for an initial, interest free loan in the amount of $4,000 (four thousand dollars). An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. C. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at the currently agreed upon interest rate of 3 %. All loans would include a 36 -month repayment term. D. Eligible purchases shall be expanded to include ergonomic - related furniture and equipment. E. Anti -viral software shall be required as a prerequisite in granting requested loans. F. City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. City is to be notified of any exchange or updating of equipment. G. "After- the - fact" financing is allowed only with prior approval of the Director of Finance or his /her designee. BH /ss 6/97 h:\chron97\comIoan2.poa 0 233 ATTACHMENT C DIRECT DEPOSIT It is agreed between the City and the Police Officer's Association that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Finance, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall not be unreasonably denied. BH /ss 6/97 hAchron971dir- depo.poa 0 234 EL SEGUNDO CITY COUNCIL MEETING DATE. June 17,1997 AGENDA ITEMSTATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION-7 Consideration of W. Ahmad Shah Ali's application to operate an ice -cream truck within the City of El Segundo. (Fiscal Impact $91.00 annually) RECOMMENDED COUNCIL ACTION: That the City Council approve, with the conditions listed in the Discussion section of this staff report, Mr. Ali's application for an ice cream truck special permit. INTRODUCTIONAND BACKGROUND: On May 28, 1997, Mr. Ali submitted a Business Registration Application for an ice cream truck vendor. Section 5.08.540 if the E. S.M.C. requires, "Every person peddling food products, other than from a catering food trucks, shall pay a business license of... $91.00 per year where the same is sold from a vehicle, and shall obtain a special permit from the City Council to do so prior to engaging in such activities. The City Council may condition the permit in any manner not prohibited by law." On April 15, 1997, the City Council approved the issuance of a different ice -cream truck permit, with conditions A.) through E.) listed in the discussion below. Presently, staff is awaiting the return of that applicants finger print check from Sacramento, before issuing his license. DISCUSSION: Upon discussions with the City Attorney, Police Department, and Planning Department, staff recommends that the City Council consider the following conditions be placed upon any special permit issued: A.) Background check to be paid for by the applicant. B.) Applicant must show proof of a Los Angeles County health permit. C.) Applicant must keep proof of adequate insurance on file with the City. D.) Hours of operation are allowed from 10:00 am to 6:00 pm E.) Permit holder must agree to comply with the City's noise ordinance. ATTACHED SUPPORTING DOCUMENTS: Business Registration Application filed by Mr. Ali. FISCAL IMPACT: (Check one) Operating Budget: _I Capital Improv. Budget: Amount Requested: Account Number: Appropriation Required - Yes No_-L— ORIGINATED BY.• Date: Eunice Kreza�r, rector o Kin ance Date: 0 235 `QTY O� City of El Segundo i BUSIneSS License UlvlSlOn N(YfE: This Business Registration Application does not constitute a Permit to engage in any business. In appropriate cases as required by City ordinance, a separate Permit t * 350 Main Street is issued. M El Segundo, CA 90245 C �tGt1�� (310) 607 -2243 BUSINESS REGISTRATION APPLICATION PLEASE TYPE OA PAINT CLEARLY Corporation_ Partnership_ Sole Proprietor Please check appropriate box-. I'o rAA L_ C G Telephone 7T1Ext Business Name / y'� W JJ ► 9' .� i� r rJ `►dA / LA� 0 r1 (9 ZSCode Mailing Address (If different) �' 1997. Total Square Footage n _ Starting Date in Ell Segundo V II d i Total # of Employees Sq _ FAIN # SE[N # Sales Tax # Social Security #/ (Required if applicable) List 3 Corporate officers/Owncr Title Itome Address/City/State/Lip Code Home Telephone Full Description of Business Number Contractor: State Classification License # Catering(Rubbish Vehicle: Year & Make of Vehicle Other Work Type: Dairy Products_ Delivery Service_ Janitorial Service- Junk/Rubbish Collector_ Laundry_ Iawn Service_ Other Driver's license # State License # I)w Does your Business Plan to install/operate a Burglar Alarm? Yes_ No Name of previous Business at this location Have you had a previous El Segundo Business license? Yes_ No-se/ Change of Ownership? Yes_ No previous Owner's Name Business Name Change/incorporation? Yes_ No Previous Name_ Address Change? Yes_ io No /Previous Address Will there be Entertainment? Yes_ No v/ Dancing? Yes_ No_ Alcohol Served? Yes_ No_ ABC # Vending Machines? Yes_ No —%/ Number & Type of Machines landlord's Name & Additional City Business Locations- -list by Address & Square Footage MERCEN0f CONfACI' (For Police or Fire Use Only) Home Telephonf 3 3 df ocn Con l�� /1/ Full Address �1 Y O ynt CA 10 l5-O' oGX(3/t;) 6k4- --7;103 1 11 IIE :IiY CEA'1'1 @Y, U1 R FENAIA k' F FoWMA'1ION IS TRUA RREf. W RY, 1'11L � � � AllNI.AU SN/4/1 Ah mGUll t Owner /Officer Dale Print Applicants Name Applicant's Signature For Official Use Only Approved By% Fire Police Public Works Yes No _ Tax Due $ Amount Paid S Cash_ Check # Plunning Received .., -- NOTES n 7�� EL SEGUNDO CITY COUNCIL MEETING DATE. June 17,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration of Mr. Mike Mathis' application for a "Small Income Business License" for collecting recyclable items. RECOMMENDED COUNCIL ACTION: That the City Council approve Mr. Mathis' "Small Income Business" application. INTRODUCTIONAND BACKGROUND: On June 5, 1997 Mr. Mathis came into City Hall to apply for a license to collect cans and other recyclables in his neighborhood. When Mr. Mathis was informed that the license for a "Junk Collector" (Section 5.08.440) was $177 annually, he described his collections as being so small that the $177 presented an undue hardship on him. Staff informed Mr. Mathis that the City's municipal code allows for the licensing of a "Small Income Business" for $11 annually. DISCUSSION: Section 5.04.255 states "Upon the filing of an application for a small income business license and an affidavit stating, among other things, that the volume of business would be so small that the regular business license fee therefor would impose a hardship of undue proportions; and upon the City Council's finding and determining that the representations are true and correct; the City Council may order the issuance of a small income business license which shall be for the current fiscal year, and shall be issued upon payment of an eleven dollar license fee." Mr. Mathis submitted the attached application and written affidavit relating to his business. ATTACHED SUPPORTING DOCUMENTS: Business Registration Application filed by Mr. Mathis Written affidavit from Mr. Mathis FISCAL IMPACT. (Check one) Operating Budget: I Capital Improv. Budget: Amount Requested: Account Number: Appropriation Required - Yea Nom ORIGINATED BY.• Date: Eunice Vt ner, irec or of Finance BY.• ACTION TAKEN: Date. ! /1--7 --7 `s.'TY OR Clty of Et Segundo f�IVlSion NOTE.: This Business Registration Application does not constitute a Permit to engage BUSIne55 License Ir in any business. In appropriate cases as requited by City Ordinance, a separate Permit + * 350 MAain Street is issued. M v� El Segundo, CA 90245 f� (310) 607.22 -43 BUSINESS REGISTRATION APPLICA'T'ION IjUSi Ili S S PLEASE TYPE OR PRINf CLEARLY �/ Please check appropriate box: Corporation Partnership Sole Proprietor /� 13 ff Telephone 3rd �U� (r NExt Business Name 1M t fI p )/tin -- 6L 1 -5 / Address Cl ( COry G tl( cA 5 city Code Street Q. Number Smte!Apt # ty f i3 C) X r (e �J `� z (� 7 Mailing Address (If different) f� n Starting Date in Fa Segundo 2' q Total # of Employees �I Total Square rootage �s A- Starting SEIN #�._. Sales Tax # tj A Social Security # S ? z _ FEIN —.S �"�� (Required if applicable) 1 Tome Address/City /State/Lip Code home Telephone List 3 Corporate Officers/Owner Title Full Description of Business Activity Number Contractor: State Classification "type Catering/Rubbish Vehicle: Year !k. Make of Vehicle License # Other Work Type: Dairy Products_ Delivery Service_ Janitorial Service_, lawn Service_ Other Junk/Rubbish Collector_ Laundry_ Driver's License # State License # IyPc Does your Business Plan to install/operate a Burglar Alarm? Yes_ No_ Name of previous Business at this location Have you had a previous El Segundo Business License? Yes_ No_ Change of Ownership? Yes_ No_ Previous Owner's Name Business Name Change/Incorporation? Yes_ No_ Precious Name Address Change? Yes_ No_ Previous Address Will there be Entertainment? Yes_ No_ Dancing? Ycs_ No_ Alcohol Served? Yes_ No_ ABC # Vending Machines? Yes_ No_ Number & Type of Machines Landlord's Name R Address Additional City Business Locations- -List by Address & Square Footage LMERGENCY CONTACT (Fur Police or Fire Use Only) home Telephone lI�lnca) Cunlncl ff' Full Address Conce'-d 561• 4�7 ��SpguMclo �tOZ45 f 3l Of �` /b'�o8�� LL nGl� SNC W1aYxtS I'll 2. UNDER PE,NAIXk OF YE U LRY, IIIE AAAE INFOKMA'I'ION IS'I'KUF. AN[) CORRE'Cf. IIEREItY��CE //K'1'IFY, d, C- -5- y 7 MI e 'I�fGGt l/�e� ,5 Alffilicant's Signature Owner /011icer Date Print Applicants Name Far Ofti:iul Use Only Approved By: Yes No Fire Tax I)ue $ _ _ Police _ _ Amount Paid $ ('u.h_ ('heck # Public Works Planning _ _ Received fly NO'I'F ;S 0 2 38 ') u ne- b`3, I Li j CV4-v �t� 0 ne- A,J l C C) �CQc't ` �LJ� cccc2 S R � 'r`lR. i' 2 C_ C E K.q r,� 1 1 Ile y s o :f /00 ta 614601 c,p, a y rUll,'Xd. --r < «'-7 Celeelr%4 ( `it i stO . --f s u p [ -eimes,a /"" y T kt uo (uv,,c, o 4� mi 5 kjl « tl � -Gtu tt s C to ( lrc 'To eke <iC:et-15 t4j e ctI GQ 1��I cab{ �i V et �L Yd LA RECEIVED JUN o5 1997 FINANCE DEPARTMENT 0 239 EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Request to approve a two -year contract for animal control service by Los Angeles County Animal Care and Control at an approximate first year cost of $47,050 from the General Fund. RECOMMENDED COUNCIL ACTION: Approve the proposed Los Angeles County Animal Control contract; adopt an urgency ordinance enabling enforcement of Title 10 of the Los Angeles County Code for animal enforcement excluding Title 10 Sections 10.90.010 (VI) and 10.90.010 (VII) relating to dog licensing fees and animal business licensing fees respectively; approve publishing of proposed fee increases for presentation of resolution and public hearing on animal licensing fees at July 1, 1997 council meeting. INTRODUCTION AND BACKGROUND: For many years the city has relied on the SPCA for our animal control needs. As of July 1, 1997 their primary service will be to shelter animals and the SPCA will no longer provide enforcement service or pick up deceased, loose, or vicious animals. In checking alternatives it was determined that Los Angeles County Animal Care and Control will provide animal control services with an initial two -year contract period at a cost forecast to be approximately $56,800 with licensing credits reducing the city's actual cost to approximately $37,300 for the first year and lowering to approximately $34,000 for the second year. The first year is slightly higher due to initial start-up costs. Considerations include increasing dog license fees and adoption of county animal control ordinances as our own. Los Angeles County Animal Care and Control appears to be the most comprehensive and cost effective option available to us at this time. DISCUSSIO The county's estimated cost for service is based upon how many animals are licensed in the city. Historically approximately 500 dogs per year have been licensed through the SPCA's voluntary program. The county, however, estimates that by canvassing the city, they will license closer to 1,075 animals, generating an estimated $19,500. This results in a difference of 575 possible licenses and fees. To compensate for the uncertain licensing variable, it is recommended that the city budget $37,300 for services plus $9,750 in reserve which equates to about one half of the county's proposed $19,500 licensing revenue. This conservative estimate will protect against any inaccurate projection by the county. Conversely, if the county licenses more than the 1,075 animals, the city will be credited and our annual cost lowered the following year. Continued on Page 2 ATTACHED SUPPORTING DOCUMENTS: Staff Report Attachment #2 - Proposed Contract Attachment #3 - Proposed Urgency Ordinance FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $ 47.050 Project/Account Budget: $ 42.692 Project/Account Balance: Date: Account Number: 001 -400- 3101 -6271 Project Phase: Appropriation Required - Yes X No ORIGINATED: Date: June 11, 1997 Foc i, ief of Police BY: TAKEN: Date: 9..7 0 240 PD -I -1 of 20, 6/11/97, 9:00 am DISCUSSION (Continued) The total cost for county service for the first year is estimated to be $56,800 which is based on El Segundo adopting the county licensing fee schedule of $20 per unaltered dog and $10 per spayed or neutered dog. Currently, El Segundo licensing fees are set at $15 and $7.50. Increasing licensing fees will require the adoption of a resolution to amend section 8.12.040 of the El Segundo Municipal Code. The proposed fee increases will be published in the El Segundo Herald and the resolution will be introduced at the July 1, 1997 City Council meeting. Additionally, using the county for animal control requires the adoption of Title 10 of the Los Angeles County Code for Animal Control Enforcement. Section 10.90.010 (VI) relating to dog license fees, and Section 10.90.010 (VII) relating to animal business operator licenses, would be exempted until the July 1 resolution is introduced. The county code is more extensive than our own, and much of our municipal code would be redundant. Therefore, the city attorney's office has drafted a resolution that will adopt Title 10 as the controlling body of laws governing animal control for the City of El Segundo. The county will, however, continue to enforce any municipal code that is not covered in the county code as long as they are provided with a letter of instruction stating the city's preference. The limited alternatives for replacing the services of the SPCA have been reviewed. Based on this review, it is recommended that the city contract with the Los Angeles County Department of Animal Care and Control for our animal control needs. The county can handle all our calls for service on a 24- hours -a -day, 7- days -a -week basis. It is recommended that service response and customer satisfaction be reviewed prior to the end of the first year of the contract and a determination be made as to whether to enter a multi -year contract for continued animal control services. Finally, since our current contract expires on June 30, 1997 and no services will be available after that date, it is recommended that this proposal be considered as urgent and acted upon accordingly. 0 241 PD -I -2 of 20, 6/11/97, 9:00 am City of Et Segundo Inter - Departmental Correspondence June 10, 1997 To: Chief Grimmond (Through Channels) From: Sergeant Max Phipps Subject: Animal Control PROBLEM On April 18, 1997 the City of El Segundo received correspondence from the SPCA that as of July 1 , 1997 the city's contract with SPCA would expire. After this date the SPCA will be restructuring its services and will no longer be able to provide the type of services required by the city. The purpose of this report is to recommend a replacement for our current animal control services. For many years the city has always relied on the SPCA for our animal control needs. As of July 1, 1997 their primary service will be to shelter animals and the SPCA will no longer provide enforcement service or for picking up deceased, loose, or vicious animals. The cost for their reduced -level service will be $25,000 per annum. There are limited solutions to our animal control situation. I have surveyed the following listed cities who have either their own animal control or have switched to the county for service: • Torrance > Los Angeles County • Gardena > Los Angeles County • Lomita > Los Angeles County • Hawthorne > Los Angeles County • Inglewood > Los Angeles County • Manhattan Beach >Self- service • Hermosa Beach > Self- service • Redondo Beach > Self- service Both Manhattan Beach and Hermosa Beach have local animal control combined with other city services, ie., parking control. Each city budgets over $125,000 annually to maintain their own service. Redondo Beach combines animal control and parking services at a cost of $180,000 annually. None of these animal control programs provide 24- hour -a -day service to their citizens. Our current budget for SPCA is $42,692. As noted above the cost for a city - operated animal control program would substantially exceed the current budgeted amount. In determining alternatives it was discovered that Los Angeles County Animal Care and Control can provide animal control services with an initial two -year contract period at a cost forecast to be approximately $37,300 for the first year, and $34,000 for the second year. The first year is slightly higher due to initial start-up costs. 0 242 PD -I -3 of 20, 6/11/97, 9:00 am Animal Control Services June 10, 1997 Page 2 The total cost for county service for the first year is estimated to be $56,800 which is based on El Segundo adopting the county licensing fee of $20 per unaltered dog and $10 per spayed or neutered dog. Currently, El Segundo licensing fees are set at $15 and $7.50. Increasing licensing fees will require the adoption of a resolution to amend section 8.12.040 of the El Segundo Municipal Code. The proposed fee increases will be published in the El Segundo Herald and the resolution will be introduced at the July 1, 1997 City Council meeting. To reach their estimated net cost for service of $37,300 the county has projected that they will license 1,075 dogs on their new fee schedule which will bring in $19,500 in revenue. The $19,500 in new license fees would be credited against the city's total cost of $56,800, leaving a balance of $37,300 for first year service. The county uses an estimate that, in any given city, 10% of the population has licensable dogs. In El Segundo, that would equate to approximately 1,625 dogs. The county has made a conservative estimate that they will be able to license 1,075 dogs. The breakdown of the $19,500 in license fees is therefore estimated as follows: Unaltered animal licenses 550 @ $20 $11,000 Altered animal licenses 375 @ $10 3,750 Senior citizen animal licenses 150@$ 5 750 Penalty fee payments 4.000 $19,500 Additionally, using the county for animal control requires the adoption of Title 10 of the Los Angeles County Code for Animal Control Enforcement. Section 10.90.010 (VI) relating to dog license fees, and Section 10.90.010 (VII) relating to animal business operator licenses, would be exempted until the July 1 resolution is introduced. The county code is more extensive than our own, and much of our municipal code would be redundant. Therefore, the city attorney's office has drafted a resolution that will adopt Title 10 as the controlling body of laws governing animal control for the City of El Segundo. The county will, however, continue to enforce any municipal code that is not covered in the county code as long as they are provided with a letter of instruction stating the city's preference. This contract can be canceled by the city with a 30 -day notice at the end of each fiscal year. The initial contract would run through June 30, 1999 and, at the option of the Council, and consent of the Director of Animal Care and Control, be renewable thereafter for an additional period not to exceed five (5) years. Other animal control services offered from the county include, but are not limited to, the following: • Licensing of animals and record keeping • Impounding dangerous dogs and conducting hearings on their disposition • Impounding animals that have bitten or attacked someone • Investigating animal abuse • Leash law enforcement • Impoundment of strays • Acceptance of unwanted pets from owners 0 243 PD -I -4 of 20, 6/11/97, 9:00 am Animal Control Services June 10, 1997 Page 3 • Dead animal pick -up • Investigating complaints of excessive animal noise • Inspection and licensing of pet shops and kennels • Wild animal traps and assisting citizens in resolving wild animal problems • Public education programs • Low cost vaccination clinics RECOMMENDATION The limited alternatives for replacing the services of the SPCA have been reviewed. Based on this review, it is recommended that the city contract with the Los Angeles County Department of Animal Care and Control for our animal control needs. The county can handle all our calls for service on a 24- hour -a -day / 7- days -a -week basis. Such service is not available elsewhere. A cursory survey of cities using county animal control services indicated that performance levels have been good to very good. The county's estimated cost for service is based upon how many animals are licensed. The city historically licenses approximately 500 dogs per year through the SPCA's voluntary program. The county, however, estimates that through canvassing the city, they will license closer to 1,075 animals. This results in a difference of 575 possible licenses and fees. To compensate for the unknown licensing variable, it is recommended that the city budget $37,300 for services and $9,750 in reserve which equates to one half of the county's proposed $19,500 licensing revenue. This conservative estimate will protect against an inaccurate projection by the county. Conversely, if the county licenses more than the 1,075 animals, the city will be credited and our annual cost lowered the following year. Considerations include increasing dog license fees and adoption of county animal control ordinances as our own. Los Angeles County Animal Care and Control appears to be the most comprehensive and cost effective option available to us at this time. It is recommended that service response and customer satisfaction be reviewed prior to the end of the first year of the contract and a determination be made as to whether to enter a multi -year contract for continued animal control services. Finally, since our current contract expires on June 30, 1997 and no services will be available after that date, it is recommended that this proposal be considered as urgent and acted upon accordingly. RRG:mvp:em Attachment p 24 PD -I -5 of 20 , 6/11/97, 9:00 am FW* R. Ardr W* WNW AdMWWWWOMM t resses s. a8dw AN. 'OM sa Fat s�177f rx-It.- 4 �qr Ow" Lem"s CAUM lfaa S. QrMt� Arm rs w v�oa+a ss June 9, t997 To: Rob Wylie El Segundo Police Dept - F= Bob Balms Exec Asst. Re: El Segundo animal service cost estimate for 1997 -98 ACO old servim. @ S45ft for 500 hours: SZ r9W License canvassing (a S30/hr for 500 hours: $15,000 Animal housing: $13,000 Licensing hatrdling @ $2.75 per &=w: S-3,300 Amortized cost of field truck: S 3,000 SUBTOTAL: Unaltered animal licefim @ $20 per lira. / 550 Hes.: Altered animal Hoc m es {� $10 per Hei / 375.> m: Senior. Citizen Pat Lkan" S5 per 1ir�. h so lice.: Penalty fee Mmes u-@ $20 each: asrs w..Fw+ awsio pwk eA ts"s. . (silo "Sam .. $11,000 $ 3,750 S 750 S4,000 SUBTOTAL: X00 E_ NYY of LOS ANGELES ANIMAL Arm coNrooL °c 1ft CA In 'NOTE" 116,0* �t � pcON* someMN an the WO silo AS it is our practim to tx" � undarest a revs u& In this case, vWve tried m be extra- 1"30t coosavadw in terms cfratwas esvmat w basing our pmjetam of feww theses 1,100 animals re�q w� licensed.. Et Sesmdo bss a population of 16,250 rwWcm b, aocardiog to *A latest California Dept. of Fieaoce.e e. B's been our acw M that at kart 10% of the population of a given:area owes lisle dop. That man Om may be as many a :1,625 liceasable dogs in ft City. But„ kes aasuw dwv area tot * per dogs thaw that Our revenue esdMM is based on 1,075 &V being licensed, and that works out to less don 7% of all El Segundo raWcas. les a fairly safe bet that moc i than 7% of dr City rendeatr own dope that are eliols to be licensed. 0 245 PD -I -6 of 20, 6/11/97, 9:00 am aye -�5 I y- AlSSI d` EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 17, 1997 AGENDA HEADING: Councilwoman Jane Friedkin AGENDA DESCRIPTION: The City of El Segundo's participation in regional and subregional organizations. ENDED COUNCIL ACTION: Discussion and possible action. INTRODUCTION AND BACKGROUND: The attached matrix has been amended since the May 20th agenda as to the West Basin Municipal Water District. The matrix reflects the regional and subregional organizations that the City presently participates in and includes the time spent by members of the Council, as well as staff, and comments. As the City approaches the '97/98 budget, the level of Council and Staff support provided these organizations needs to be identified. The purpose for my wanting to identify these activities is to allow the Council the opportunity to concentrate efforts in those activities that best benefit the City. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Amended Matrix [abbreviations: D - Delegate; V - Volunteer; A - Alternate] FISCAL IMPACT: N/A ORIGINATED: Date: June 6, 1997 Councilwoman Jane Friedkin Date: June 6, 1997 REVIEWED BY: James W. Morrison, City Manager ACTION TAKEN: joa: n:\ccb \forms \agd -bkg r.jf 0 260 d 3 3 d e, V 0 261 Gc o d 0 o O DW �Vm m n O � w ()DDp 3 O D m i Cn n (A C) m 3� 0 m 0 fn cro0 �m ° Z 0 X C p CA w .•. _ O ? 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E$ m ƒkf n0 C CD k� §z oa E �� 0 P �E 2�a o 2a CL si ■ ■- 0 S ■ m m 3 3� ) ° % a �f � _ $ § E § n ■ \ CA + ° g k k ? / + r % 7� 30 ■ \ pk / � C/) 05 flim 7 &g am o t�$* -27R > g @ 2�/ � � �� 2 C° � ({ §0L 0�U� $� E§2cp Q ®_ cp =r © 30 k0 M•M,r,o,z.03 m�D 0� ( (CD . -n 5�? ;Lm# 0 - m0 Z007 �GREm0J-0 n -0 M E- mow -;w- §,,_=_�, ° © °• 0 § =10 ag =� «G ��E m -3 -A-- 0- --E§ § M -0 0 ■0 ,_0) , =ME -a ,00_E U, a ■ m,_, 7r ;w 0oa■ ` E��K k0 g�f \mEg $■ ;ff �� I 0 266 i City of El Segundo Inter Departmental Correspondence June 11, 1997 To: City Council From: Nancy Wernick, Mayor Pro Tern Subject: Agenda Item for June 17, 1997 meeting (held over from June 3, 1997 meeting) AGENDA DESCRIPTION: Discussion about Planning Commission appeals, waiver of fees if appellants meet certain criteria, and related matters. RECOMMENDED COUNCIL ACTION: Discussion and possible direction to staff and/or Planning Commission. Possible suggestions for consideration by Council include: (1) A resolution to permit appeals of Planning Commission actions to the City Council by submission of a verified petition in lieu of the fee otherwise requested. (2) A resolution to provide for the automatic appeal to the City Council of any Planning Commission decision which would require the City to enter into a binding agreement as a result. (3) Decide by area that is affected. 0 267 CITY OF EL SEG UNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: June 11, 1997 To: City Council From: Sandra Jacobs, Mayor Subject: DEREGULATION OF THE ELECTRIC UTILITY BUSINESS The California Public Utilities Commission recently modified the schedule for deregulation of electric utilities such that residential consumers will be able to purchase electricity from a provider of their choice as of January 1, 1998. The City may be able to play a role in the deregulation process that could benefit its residents and businesses. I am requesting the Council's concurrence for Councilman Weston and myself to investigate, with staff support, the potential role of the City in this process. The committee will report back to the full Council as issues /solutions develop. 0 26P, �ci M 4 r"�6-�O- r °� 6/17/97 Mr. Bret B. Bernard Director of Planning and Building Safety City of El Segundo 350 Main Street El Segundo, CA 90405 Dear Mr. Bernard: SPACE L COMMUNICATIONS A HUGHFS EL C1HON,CS CCUaAN GM Hughes Electronics requests that consideration of General Plan Amendment (EA- 377 /GPA 96 -1) and Zoning Text Amendment (EA380/ZTA 96 -2) Transfer of Development Rights, scheduled for council consideration this quarter, be postponed until next quarter. Due to issues raised by the pending divestiture of Hughes Aircraft to Raytheon Corporation, Hughes Electronics is not ready to proceed with these _ amendments at this time. David Steele Project Manager Facilities Engineering Hughes Space and Communications Company Jul, ; 7 Hughes Space and Communications Company P.O. Box 92919 Los Angeles, CA 90009 CITY CLERK SPACE b COMMUNICATIONS C! SECUNDO, !`�P/yt 44 17 June 1997 Ms. Cindy Mortesen City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 Rs: Proposed Water Rate Increase Ms. Mortesen: The Hughes Space and Communications Company would like to take this opportunity to express our opposition to the proposed 4.5% increase in fees and charges related to municipal water service. As a commercial enterprise engaged in an increasingly competitive global market HSC, must work against any cost increase that does not add value to its customers and shareholders. This is a fundamental business requirement. However, while we resist incurring any discretionary increases to our operating costs we also acknowledge our responsibility as good corporate citizens and value our continuing cooperative relationship with the City of El Segundo. We would like to request that as the City focuses on planning to meet its future water service requirements renewed consideration be given to the replacement of the deteriorated water supply piping beneath Nash Street (South of Imperial Highway.) Recently a spontaneous failure of this critical water main necessitated a temporary shutdown of HSC facilities requiring substantial street repairs and creating a significant disruption to our business. Establishment of a high priority for the necessary repair of this essential infrastructure will be greatly appreciated. ncerely, 7' onald J. Heep, AIA ite Architect cc: Mr. James Morrison, City Manager, City of El Segundo Mr. William P. Hendricks, Manager, Facilities and Plant Engineering Mr. Robert H. Withers, Chief Administrative Officer L970617A. DOC page 1 of 1 Hughes Space and Communications Company Loc. SC \ Bldg S50 \ MS X305 P.O. Box 92919 Los Angeles, CA 90009 4 P CITY OF EL SEGUNDO INVESTMENT POLICIES AND TRANSACTIONS March 31, 1997 L LEM Thomas, Bigbie & Smith An Accountancy Corporation Certified Public Accountants City Council City of El Segundo El Segundo, California Donald L. Thomas, CPA (Retired) V.C. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA In connection with our audit of the City's financial statements for the year ending June 30, 1997, we have completed our quarterly review of Investment Policies and Transactions for the months of January, February and March, 1997. Our review consisted of the procedures summarized below. 1) We reviewed the City's Investment Policy and Minutes of City Council meetings to determine whether it was reviewed /adopted at a public meeting annually and that it establishes safety, liquidity and yield in order as priority objectives. 2) We reviewed the City's Investment Policy to determine whether it limited reverse repurchase agreements to 20% of the base portfolio and prohibited inverse floaters, range notes, interest only strips derived from CMO's. 3) We reviewed the monthly investment reports to determine they included: type of investment; issuer; maturity; par and dollar amount invested; market value and source of valuation (for all investments except LAIF, FDIC insured accounts or other accounts managed by another local government agency) and a statement from the City's treasurer as to the City's compliance with its adopted investment policy. 4) We reviewed the monthly investment reports to determine they included a statement from the City's treasurer regarding the City's ability to meet the next 6 month's budgeted expenditures. 5) We reviewed the minutes of City Council meetings to determine if the prior quarter's monthly investment reports were presented to the City Council within 30 days of the end of the month. 6 We selected 15 investments held as of the date of the quarterly investment report and compared them to the maximum maturity limit and portfolio percentage limits r included in the current government code section 53601 and the City's investment policy. C 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682 -4851 • Facsimile (909) 682 -6569 e A 7) For the investments selected in step 6 above, we matched the information reported (including market value) in the monthly investment reports to supporting documentation. g) We judgementally selected 10 investment transactions (buy, sell, maturity) reflected in the monthly investment reports and matched the reported information to purchase or sales confirmations, bank statements and third party custodian receipts or reports. The above procedures constitute only a portion of our audit procedures in connection with our examination of the financial statements for the year ending June 30, 1997. Accordingly, this summary should not be considered an opinion on the financial statements of the City taken as a whole. Also, these procedures do not constitute an audit opinion of the system of internal controls in accordance with standards established by the American Institute of Certified Public Accountants. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report relates only to the accounts and items specified and does not extend to the financial statements of the City, taken as a whole. The management of the City is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objective of a system is to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any system of internal accounting control, errors or irregularities may occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions, or that the degree of compliance with the procedures may deteriorate. Our procedures disclosed instances of noncompliance with the Government Code and City's Investment Policy which are described in the accompanying Schedule of Findings and Questioned Costs and Status of Prior Findings. This report is restricted to use by the City Council and management, and should not be used for any other purpose. We wish to thank the City staff for their consideration and assistance during the performance of the quarterly review. May 7, 1997 e CITY OF EL SEGUNDO SCHEDULE OF FINDINGS AND QUESTIONED COSTS March 31, 1997 A) Submission of Investment Reports Finding: Section 53646 (b)(1) of the Government Code states that the treasurer or chief fiscal officer shall submit an investment report within 30 days of the end of the quarter covered by the report. Section 13.0 of the City's Investment Policy states that the City Treasurer must file an investment report with the City Manager and the City Council on a monthly basis. After inquiry with City staff, we determined that the City Treasurer did present investment reports to the City Manager and the City Council within 30 days of the end of the first two months of the quarter, but did not submit an investment report within the required 30 days of the end of March 1997 as required by the Government Code and Investment Policy. Additionally, it was brought to our attention by the City Treasurer that the investment reports were inadvertently submitted showing two securities having book values that did not agree with the values shown on the City's books. Furthermore, we were informed by the City Treasurer that due to a computer update the March 1997 market valuesefor alifederal agency issue an and showing February d treasury securities. Recommendation: We recommend the City Treasurer update the March 1997 investment report and resubmit the investment report as soon as possible. Furthermore, we suggest the City Treasurer submit subsequent investment reports within 30 days of the end of the month covered by the report as required by the more stringent Investment Policy, thus complying with the Government Code. Response: The City Treasurer concurs and is currently in the process of updating and resubmitting the March 1997 investment report and will submit subsequent investment reports within 30 days as required by the Government Code and the Investment Policy. 4 CITY OF EL SEGUNDO STATUS OF PRIOR FINDINGS June 30, 1996 `. The findings from prior quarters have been resolved. Any additional findings for the current quarter have been addressed in the Schedule of Findings and Questioned Costs. e 4 ; 1 a Rich Reed 414 W. Oak Ave. E1 Segundo, CA 90245 (310) 322 -0421 1993 June 20 Copies to: JOHN VAN HOOK, Treasurer, E1 Segundo Herald, Inc. LINDA COLLINS, Editor, El Segundo Herald. Captain JACK WAYT El Segundo Police Department 348 Main Street E1 Segundo, California 90245 (310) 322 -9114 Dear Mr. Wayt, Thank you for meeting with me at the police station, 1993 May 24, about forty minutes. Police Chief TIM GRIMMOND, your brother -in- law, had written to me, on 1992 July 2, that I should contact you if I have any questions regarding my complaint against the Police Department. My complaint is about incompetence and corruption by E1 Segundo police officers in my case. You answered some of my questions in person on May 24, and in our follow -up phone talk on June 2. Your answers do you no credit. About five or six years ago, you and I first became acquainted, when your daughter CHELSEA, who was three years old, was a student at the Village School, a private school a few blocks from the E1 Segundo police station. Mrs. ANTHEA BETHURIIM was the Director of the Village School. I was a part-time volunteer teacher. With the help of students, including Chelsea, I tested and improved some education reforms which I call the DA Synthesis of Music & Math & Languages. Much of my work with the students was in music. Chelsea was one of the brightest three - year -olds I've ever worked with. She had a real passion for learning. After Anthea left E1 Segundo, and the Village School closed, I occasionally helped Chelsea, and her little sister KATIE, to play music on my keyboard, at the Recreation Park. You and your wife DEBBIE seemed tolerant back then, though not enthusiastic, about the music reforms I tried out with your children. After the Village School closed, I recall hearing Chelsea begging Debbie to be allowed to take private music lessons with me. Chelsea knew from experience that she could play music with me, in an easy way that no one else was teaching her. Back then, I offered to teach you and Debbie the music reforms, so that you could, help teach Chelsea and Katie. I regularly offer to teach parents. It is good for parents to help their children in learning, good for the children and good for the parents. What is important to me is that children and other students learn more and r� (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 2) have more fun learning, whether or not I am doing the actual teaching. I've shared education reforms with police officers, including you, in E1 Segundo and elsewhere, for many years. It seems clear to me that children and adults who are successful and happy in learning, and in creating beauty, in music and math and literature and other subjects, will be less likely to risk damaging their brains with alcohol and other drugs. And it seems clear to me that police officers and their children, like other adults and their children, should have opportunities to learn in the most enjoyable and productive ways possible, to enrich our brief lives. I've been disappointed through the years that police, including former L.A. Police Chief DARYL GATES and current L.A. Police Chief WILLIE WILLIAMS, have not supported at least the simplest ideas in the DA Synthesis, to help reduce crime, and to improve the lives of police officers and their children. But education reform is not the official responsibility of police, so I'm disappointed in police, rather than harshly critical of police, when they fail to support education reforms. My harsh criticism of you and other police officers is based on specific incompetence and corruption in the performance of your official police duties. On 1991 Aug 16, BRUCE DRAGER, a friend of mine, phoned me that there were rumors that I had been accused of masturbating at the E1 Segundo plunge. That was the beginning of my knowledge of the false charge against me. After my phone talk with Bruce, I immediately phoned FRANK MEEHAN, who was then Police Chief in El Segundo, and I asked to talk to police about the matter. I knew that I was innocent, and I naively assumed that the police would want to find out the truth. I was interviewed by Officer COREY BRUMBELOW on 1991 Aug 20, and arrested and booked on 1991 Aug 27, on the false charge that I had masturbated, with erection and ejaculation, in front of three boys in the men's changing area of the E1 Segundo plunge on 1991 Aug 10. I have never committed such an offense, at the plunge or anywhere else. On 1993 May 29, five days after you and I talked in person, I left for you, at the police station, a copy of some papers about police corruption and prosecution corruption in my case. I had met with JIM MORRISON, the new E1 Segundo City Manager, on 1993 May 6, and had given him some papers on police corruption and prosecution corruption, and on education reforms. (I did not drop off the education reform papers for you.) I had later dropped off for him some additional papers, namely my letter of 1993 May 6 to him, and my letter of 1993 May 6 to JANET RENO, U.S. Attorney General. I will deal here with just a few matters in this case, including some matters relating directly to you. (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 3) On 1991 Aug 30, I phoned Lt. DAVE CIIMMINGS, since I already knew by then something about Ms. Brumbelow's mishandling of my case. Mr. Cummings was her superior, and he should have investigated my charges against one of his subordinates. Instead of investigating, Mr. Cummings told me that he believed her police report. (In fact, he had signed the report, as I found out later.) Ms. Brumbelow had refused to show me her police report, so I could not challenge the details of the report. (As I later found out, her police report contained lies which I did not know about on 1991 Aug 30.) On 1991 Sept 4, I talked with Mr. Grimmond, who was then a police captain. I gave him a copy of my five -page letter of 1991 Sept 3 to WILLIAM BARR, who was then Acting U.S. Attorney General. In that letter, I documented some misconduct by Ms. Brumbelow, which I already knew about, even at that early stage in this case. Mr. Grimmond ran his finger down the five single- spaced pages of the letter, standard speed- reading style, in less than half a minute, and said that there was no police misconduct. He did not seek the truth. He did not investigate. Is that police competence and honor, or police incompetence and corruption? On 1991 Sept 24, I filed a formal written police department personnel complaint against Ms. Brumbelow. On 1991 Sept 26, I first saw Ms. Brumbelow's police report of 1991 Aug 26 about my case. On 1991 Sept 28, I added to my written complaint of 1991 Aug 24 about Ms. Brumbelow. My additional complaint included my charge that Ms. Brumbelow, in her police report of 1991 Aug 26, had lied about key parts of her 1991 Aug 20 interview of me. On 1991 Sept 27, you told me on the phone that a lieutenant was investigating my complaint against Ms. Brumbelow. In response to one of my questions, you also told me that you had never had any worry about my working with Chelsea at the Village School, or with Chelsea and Katie later at the Park. I appreciated your honesty regarding Chelsea and Katie, and I appreciated the earlier positive experiences with them. (Later, I even suggested to my attorney that he might call you as a witness on my behalf.) But I'm afraid that I allowed my appreciation to cloud my judgment of you as my criminal case developed. Lt. DAVE CUMMINGS was assigned to investigate my complaint against Ms. Brumbelow. The same Dave Cummings who had earlier told me that he believed the police report, which I had not yet seen at that time. I reached Mr. Cummings on the phone on 1991 Oct 4. He said that he didn't need to talk with me, since he had talked with me before.- He refused to meet with me. Even over the phone on 1991 Oct 4, Mr. Cummings refused to discuss in detail my complaints about Ms. Brumbelow's police report, which I had seen for the. first time on 1991 Sept 26. He said that he might or might not feel the need to talk with JEANNE DAWSON, my (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 4) sister, who is named in my personnel complaint as the corroborating witness for some parts of my personnel complaint against Ms. Brumbelow. Please note that it is REQUIRED BY LAW that the police must take statements from witnesses for a personnel complaint against the police, yet Mr. Cummings NEVER took a statement from Jeanne in this matter. Is that police competence and honor, or police incompetence and corruption? As part of Ms. Brumbelow's police report of 1991 Aug 26, she included an earlier police report, also by her, dated 1991 June 13, dealing with my alleged presence in a phone booth on 1991 May 31. As far as I can tell, I probably was in that phone booth, making lots of phone calls, free 800 - number calls to newspapers, regarding the Washington Post article of 1991 May 21 about my work on education reforms. In the phone booth report, there was NOT EVEN ANY ALLEGATION of criminal misconduct on my part, yet Ms. Brumbelow implied, in her report, that my presence in the phone booth, which was near a school, indicated inappropriate interest in children. The phone booth was near the public library, where I've spent a lot of time during the last forty years. I used to make a lot of calls from a pay phone inside the library, but the library pay phone was removed during remodeling, and was not replaced. Ms. Brumbelow did NOT talk with me in 1991 June, before she wrote her phone booth report, and she had NEVER before talked with me about anything. She did NOT talk with me about the phone booth, even during her 1991 Aug 20 interview of me about the plunge. In fact, she NEVER talked with me about the phone booth. She used the phone booth report to help get the D.A.'s office to prosecute the case, and she used the mere existence of her earlier so- called "investigation" of me, regarding the phone booth, to prejudice jurors in the plunge matter. Is that police competence and honor, or police incompetence and corruption? I first saw Ms. Brumbelow's police report, including the phone booth report, on 1991 Sept 26. The insinuation, in the phone booth report, was that I had been doing something wrong in the phone booth, that I was not in the phone booth for a legitimate purpose. When I talked to Mr. Cummings on 1991 Oct 4, I asked him to check my statement that I had been making phone calls on 1991 May 31. He refused. He refused to call the people I said I had called on 1991 May 31. He refused to check the 1991 May 31 phone records for the phone booth. He could have gotten facts, but he chose to let false suspicions and insinuations continue to damage me. Is that police. competence and honor, or police incompetence and corruption? On 1991 Oct 7,. when I complained to you, on the phone, about the refusal by Mr. Cummings to conduct an adequate investigation of my complaint against Ms. Brumbelow, you told me that Mr. Cummings is a fine police officer. (to Captain Jack Wayt; E1 Segundo police Dept.; from Rich Reed; 1993 June 20; page 5) Does a fine police officer refuse to meet with a complainant, when the officer is assigned to investigate the complaint? Does a fine police officer refuse to discuss, even over the phone, the details of the complaint? Does a fine police officer refuse to take a statement from a corroborating witness, when taking a statement is required by law? Does a fine police officer refuse to even try to verify allegations by a suspect, when the allegations, if verified, would help clear the suspect of suspicions? On 1993 May 24, when you met with me, you offered to arrange for me to meet with Mr. Cummings. That would be my first meeting with Mr. Cummings. That would be over a year and a half after you failed to insist that he meet with me, and over a year and a half after you failed to insist that he conduct an adequate investigation of my complaint against Ms. Brumbelow. That would be: after my family and I have been through two trials, after my sister has spent about $25,000 in legal expenses, after I've been wrongfully convicted, after I've been prevented by the wrongful conviction from getting a specific paying job where some of my education reforms were welcomed and appreciated. I'd like to meet with Mr. Cummings. You might want to join us, so that you can tell him he's a fine officer, while I tell him the truth. On 1993 May 24, I complained to you, as I had in the past, that Ms. Brumbelow DID NOT TARE ANY NOTES, and DID NOT MARE ANY RECORDING, during her 1991 Aug 20 police interview of me. I had discussed my case with a friend, PAUL A212, who used to be a police officer, and he had said that he was appalled by the refusal of the police to make accurate records during a police interview. You said that it is common police practice in E1 Segundo, for the police to NOT MARE ANY RECORD during police interviews. You gave as a reason,, that police want to avoid intimidating people being interviewed. Let me suggest another way of looking at the matter. If El Segundo police avoid making recordings of their interviews, they can invent quotes which were never spoken in the interviews. The police can take statements out of context, so that honest answers by a suspect can be twisted by the police, to falsely imply (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 6) dishonesty by the suspect. The police can eliminate or tone down contradictions or inaccuracies or outright lies by accusers, to make it appear that the accusers were consistent and reliable and honest. When there is no verbatim record for an innocent person to appeal to, the police can railroad the innocent person, to make their arrest and conviction records look good. If one side wants there to be a verbatim record of a police interview, and the other side does not, which side is more likely to be telling the truth about what happened in the interview? Is failure to make verbatim records a way for police to cover up police incompetence and corruption? On 1993 May 24, I complained to you, as I had in the past, about the refusal of the police to talk with relevant witnesses in my case. You assured me that all the proper witnesses had been interviewed by police, though you acknowledged that you were just assuming that proper procedure had been followed. I've complained to you for over a year and a half about police failure to talk with relevant people in my case. Let me list a few, again. ME. That's right -- ME. In the phone booth matter, Ms. Brumbelow wrote her report without ever talking to me. In the phone booth matter and the plunge matter, Mr. Cummings refused to meet with me and investigate my complaints about Ms. Brumbelow's incompetence and corruption in my case. JEANNE DAWSON, my sister. She witnessed some of the police misconduct in this case. For over a year and a half, the police have refused to take a statement from her. Library staff, to verify that I used to make phone calls from the pay phone inside the library, until the pay phone was removed during remodeling and never replaced. People I called, probably from the phone booth by the library, on 1991 May 31. That would verify that I was making real calls to real people. Phone company people, to verify that the calls which I said I made, probably from the phone booth by the library, were in fact made. MONICA CUNNINGHAM, parent. I've played and worked with her kids, at the plunge and their home and elsewhere, during the last five or six years. Monica was a character witness for me in the trials. Her daughter MARINA was a student at the Village School, when Chelsea was there. RUBY DZY, parent. I've played and worked with her kids, at the plunge and their home and elsewhere, during the last (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 7) five or six years. Ruby was a character witness for me. Her daughter JAMIE and her son CARLO were at the Village School, and Ruby was a teacher there, when Chelsea was there. During the last several years, Jamie has been my main collaborator on the DA Synthesis of Music & Math & Languages. PATRICIA MOORE, parent. Pat was a character witness for me. Her daughter KELLY was at the Village School, when Chelsea was there. Pat told me that she has witnessed some public indecency by two of the three boys in my case, in front of the home of MIKE & ROSE NACCARATO, right across the street from Pat's home; that certainly has bearing on the character of the boys. (Mike is the father of one of the three boys.) BRUCE DRAGER, parent, and RICK WILSON, parent. I played and worked with Bruce's two kids, and with one of Rick's kids, at the plunge and elsewhere, during several years. Bruce and his family are some of my dearest friends. I spent a lot of time with them, before, during, and after my two trials. Bruce was a character witness for me. The Drager family moved out of town in 1992 August. Rick was a slight acquaintance. The Wilson family has also moved out of town. Bruce, with his two kids, and Rick, with one of his kids, were at the plunge on 1991 Aug 10, the day of the alleged plunge incident. On 1991 Aug 20, in the police interview, I told Ms. Brumbelow that I did not know for sure if I had been at the plunge on 1991 Aug 10, but that I would check my personal calendar and call her. I called her later on 1991 Aug 20, and told her that I had been at the plunge on 1991 Aug 10, and that there were adult witnesses with me at the plunge that day, who might help clear me if they were interviewed by police while memories were relatively fresh. Ms. Brumbelow WOULD NOT EVEN TAKE THE NAMES of Bruce Drager and Rick Wilson. I complained to Mr. Cummings and you and Mr. Meehan and Mr. Grimmond about Ms. Brumbelow's refusal to interview witnesses who were potentially helpful for establishing the truth, yet as far as I know, Bruce and Rick were NEVER interviewed by the police in this case. ANTHEA BETHURUM, Director of the Village School. She has told me that she NEVER had any complaint, by children or parents, about any improper behavior by me with children at the Village School. I also worked privately back then with Anthea's son ALEC. Anthea said that she had talked with him about the case, and that he had NEVER had any complaint about improper behavior by me. Before I could work at the Village School, my fingerprints were taken at (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 8) the E1 Segundo Police Department, and were sent to the FBI, and I was cleared for working with children. Since you had entrusted Chelsea to Anthea's care at the Village School, you should have had a special interest in talking to Anthea about this case. RONALD IANNONE, Principal of Covina Elementary School. The oldest boy in the case had attended the school for about seven years. Mr. Iannone should have been interviewed by police as part of a routine background check on the boys, to get some facts about their character and credibility. If you or Mr. Grimmond had been pointed out by the boys at the plunge, as a public masturbator, would the police have done a background check on the boys? I think so. In the first trial, Mr. Iannone testified in court that the oldest boy had a low IQ, an even lower achievement level in school, was habitually dishonest, and had a very troubled home life, with indications every year of possible child abuse. In the first trial, the boy said he had been shown a sexually explicit film, showing a man masturbating, with an erection and ejaculation, as part of his regular class work in school. Mr. Iannone testified that in that year, he had shown the film in question, a routine film about adolescent development, and that there was no such explicit masturbation in the film. In the second trial, the boy said that he had NOT been shown the allegedly sexually explicit film at his school. This was one of the boys described by Ms. Brumbelow as being "three very credible victims ". The police and prosecution did not interview Mr. Iannone before the first trial, or between the two trials. As far as I know, they have never interviewed him. MICHAEL NACCARATO, father of the middle boy, uncle of the other two boys. He was the first family member the boys talked to, about the alleged incident at the plunge. His testimony as a prosecution witness, in the first trial, contradicted some key parts of the testimony of the boys. On 1993 May 24, we discussed the "appearance" that I spend a lot of time with children. The fact is that I spend most of my time alone or with adults, reading, writing about education reforms, watching TV, phoning adults, meeting adults, working with adults, writing to adults. I used to spend a lot of time with MICHELLE DAWSON, my niece, and some of her friends, especially when my niece was about three years old to nine years old, and lived in the same house with me. I used to go to many of her soccer games and softball games. I still go to some of her musical events. I used to take her to the plunge, and I sometimes took along KELLI, the daughter of BYRON BIIMROW, E1 Segundo Police Sergeant, who lives in the same block I live in. Kelli used to spend a fair amount of time playing (to Captain Jack Wayt; E1 Segundo Police Dept.; from Rich Reed; 1993 June 20; page 9) in my home, when my niece lived there. I occasionally worked alone with Kelli in my home, on music. Byron has told me that he NEVER had any indication from Kelli or his other children that I had behaved in any indecent way with them. At the Village School, where I spent more time with more children not related to me than at any other time in my adult life, I worked about two or three times a week, an average of about three or four hours each time, for about a year and a half. Sometimes I went a week or so without going to the school at all, when I was working on other matters. The time at the school was very often high quality time, memorable for fun and learning, but the school and the children did not take up most of my time, even then. Wouldn't a competent and honorable police department want to base its work on facts instead of on misleading appearances? JANET RENO, the new U.S. Attorney General, may be able and willing to help correct the police corruption and prosecution corruption in this case. I wrote to her on 1993 May 6, and enclosed for her the same papers on police corruption and prosecution corruption which I left for you on 1993 May 29. (I included for her some education reform papers which I did not leave for you.) If my memory serves me accurately, you seemed amused when I told you that I had written to Ms. Reno. Perhaps you would be right to be amused. My struggle may look futile, against the combined power of the El Segundo Police Department and the Los Angeles County District Attorney's Office. But I believe that the truth will win out in this case, eventually, though the wrongful damage done to my family and me will never be completely rectifiable. And I believe that Ms. Reno should be given a chance to be on the side of the truth in this case. I wish that you had chosen to be on the side of the truth in this case. You've certainly had many opportunities to do the right thing. Instead, you've personally and repeatedly chosen, for over a year and a half so far, to be a conniver and participant in police incompetence and corruption in this case. I used to expect better of you. D MWID-C Mozart 40:1 n7 322 322 322 A A97 753 320 0 200 200 200 9 976 632 20 E A A FAEPLE J-Ac -c;uEs A w , , A /) -r- U (1 ' Happy Birthday U6 00 20 54 00 20 75 00 n7 0 n6 95 42 AA 95 75 Mary Had A Little Lamb n6 42 02 444 222 477 42 02 444 422 420 U Frere Jacques [61 0240 0240 457 457 797540 797540 OR5 7 0 0F5 7a0 v Beethoven 5:1 (Symphony 15, Movement ,#1) 6 7773 5552 7773 8887 7 o 3330 6 7772 8887 77 5552 7753 27753 27753 0 7 8885 Mozart 40:1 n7 322 322 322 A A97 753 320 0 200 200 200 9 976 632 20 E A A FAEPLE J-Ac -c;uEs A w , , A /) -r- U (1 '