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1998 OCT 06 CC PACKET{q AGENDI EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The Public can participate in the discussion of any Item listed on the Agenda To facilitate your presentation, please place a check mark beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that Is within the jurisdiction of the City Council maybe 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 in 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, October 6,1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move Into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) - 1 In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 2 Hill v City of El Segundo, LASC Case No YC 030986 1006985p 00001 3 Hughes v City of El Segundo, LASC Case No BC 185210 4 Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903 5 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles No BSO44667 6 El Segundo v Kilroy, LASC Case No YC 031166 7 El Segundo v Stardust, LASC Case No YC 031364 8 Solis v City of El Segundo, LASC Case No YC 029626 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -3- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) - None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - Status report on real estate matters REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE D o TIME NAME LOO6995p 00002 {q AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items The Public can participate in the discussion of any Item listed on the Agenda To facilitate your presentation, please place a check mark beside each Item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other Item not listed on the Agenda that is within the jurisdiction of the City Council maybe 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 in 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, OCTOBER 6,1998 - 7:00 P.M. Next Resolution # 4093 Next Ordinance # 1288 CALL TO ORDER INVOCATION - Los Angeles Air Force Base Chaplain Raymond L Johnson PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick PRESENTATIONS - (a) Commendation to the Space & Missile Center at the Los Angeles Air Force Base for its observance of "NATIONAL POW/MIA RECOGNITION DAY" focusing on our responsibility to stand behind those who serve our nation and do everything possible to account for those who do not return 00003 (b) Proclamation declaring Saturday, October 24, 1998 as "AMERICAN HEART WALK DAY" in the City of El Segundo and encouraging all citizens to support the work of the American Heart Association and participate in the American Heart Walk (c) Proclamation declaring the week of October 4 -10, 1998 as Fire Prevention Week, declaring Sunday, October 11, 1998 as "FIRE SAFETY DAY" in the City of El Segundo, and inviting the community to participate from 10 00 a in to 1 00 p in at Recreation Park on Sunday, October 11, 1998 in the FIRE SAFETY DAY celebration (d) Proclamation recognizing Saturday, October 10, 1998 for the "22id ANNUAL RICHMOND STREET FESTIVAL" and commending the Chamber of Commerce for organizing this annual event (e) Accept Donation of $1,300 from El Segundo Optimist Club to city's youth drama program $1,000 and Teen Center $300 (f) Proclamation declaring Thursday, October 15, 1998 as "EL SEGUNDO COMMUNITY THEATER DAY," commending the ESHS Friends of the Theater, and inviting the community to the Variety Show at 7 30 p in at the El Segundo High School Community Theater and the Special Reception at 6 00 p in at the Women's Club 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 beha[foftheir employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Request by St Anthony Church for Council permission to obtain a 3 -day liquor license for operation of a Beer Garden in the Pansh Hall during their annual carnival to be held on October 23, 24 and 25, 1998 and waiver of City permit fees Recommendation — Approve waiver of fees and allow St. Anthony Church to apply for liquor license. 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 - 2. An Ordinance adopting the latest changes to the County Health Code by the Los Angeles County Board of Supervisors as it applies to restaurant inspections Recommendation - 1) Open the Public Hearing, and Continue until October 20,1998; 2) Schedule the draft Ordinance for its First Reading on October 20, 1998; and, 3) Schedule for the Second Reading of the Ordinance, and Adoption on November 3, 1998. 00004 Public hearing on Environmental Assessment EA -401B and Precise Plan 96 -1B (Sixth Amendment to PP 12 -72) Address 2041 Rosecrans Avenue, and 831 and 871 South Nash Street (Beach Cities Plaza) Applicant Continental Development Corporation (Mr Jerry Saunders) Recommendation - 1) Open Public Hearing; 2) Continue Public Hearing until October 20, 1998; and /or, 3) Other possible action /direction. Public hearing on Environmental Assessment EA -456 and Precise Plan 98 -2 (First Amendment to PP 1 -81) Address 2101 -2141 Rosecrans Avenue (The Plaza at Continental Park) Applicant Continental Development Corporation (Mr Jerry Saunders) Recommendation - 1) Open Public Hearing; 2) Continue Public Hearing until October 20,1998; and /or, 3) Other possible action /direction. Proposed amendments to the Zoning Code for Residential Side Yard Setbacks and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -453 and Zone Text Amendment ZTA 98 -5, Applicant City of El Segundo Recommendation — 1) Hold Public Hearing; 2) Discussion; 3) First reading of Ordinance (by title only); 4) Schedule second reading and adoption for October 20, 1998. 5) Other possible action /direction. C. UNFINISHED BUSINESS - Request the City Council to obtain the telephonic answering services of AAM Communications for the purpose of facilitating public noise and odor complaints related to the Los Angeles International Airport and the Hyperion Water Treatment Plant to be funded by the General Expense Account for an estimated amount of $1,725 00 Q month trial period) Recommendation - Approve a 90 day trial period to establish a Hotline telephone answering and facsimile service with AAM Communications to respond to complaints made regarding the Los Angeles airport and the Hyperion Water Treatment Plant (5:00 p.m. to 8:00 a.m. Monday through Friday; 24 hours a day on Saturday and Sunday). 00005 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — Vacancy of Small Business Representative position on Economic Development Advisory Council Recommendation — 1) Open recruitment for vacancy on Small Business Representative position on Economic Development Advisory Council. 2) Advertise the position pursuant to established procedure, with filing deadline to be set for 5:00 p.m., two days (48 hours) prior to interviews of candidates. 3) Schedule date of interviews of candidates. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 250408- 250713 on Demand Register Summary Number 05 in total amount of $775,677 84, and Wire Transfers in the amount of $1,185,741 14 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 09/08/98 to 09/28/98. City Council meeting minutes of Sentember 16, 1998 Recommendation - Approval. 10 Request for proposals from qualified consultants to develop a master street tree plan for the City of El Segundo West of Sepulveda Boulevard Recommendation - Authorize staff to solicit proposals from qualified consultants. 11 Request City Council's acceptance of an EPA grant awarded to the Fire Department and authorize the Mayor to sign the Assistance Agreement to allow disbursement of funds Fiscal Impact Annroximately $15,000 award to City Recommendation - Accept $15,000 EPA grant authorization to the Fire Department for development and implementation of a risk communication pilot study that includes the City of El Segundo and authorize Mayor to sign the Assistance Agreement to permit disbursement of funds. 12 Examination plans for designated Personnel Merit System Job classification Recommendation - Approve the examination plans. Approve the Police Department's request to expand the Police Officer Trainee (academy graduate) recruiting base from the top 10% to the top 25% of the graduating class. 13 Proposed revisions to the class specification for the job classification of Community Cable Production Assistant Recommendation - Approve the proposed class specification. 00006 14 Acceptance of the sanitary sewer manhole lining - project no PW 97 -24 (final contract amount = $55,000 00) Recommendation - 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion to the County Recorder's Office. 15 License Agreement No DACA 09- 3 -97 -14 between the U S Department of the Air Force and the City of El Segundo for construction, operation and maintenance of two (2) bus stop shelters on the U S Air Force Base property (fiscal impact expenditure of $500 00 of Proposition A funds) Recommendation - 1) Approve license agreement and authorize the Mayor to sign the agreement on behalf of the City. 2) Allocate $500.00 from unallocated Proposition "A" revenues for payment of the license fee. 16 A resolution of the City Council of the City of El Segundo, California, approving the transfer of Franchise Ordinance 1255 to Equilon California Pipeline Company LLC from Shell Pipe Recommendation - Adopt resolution. 17 Request by Gold Graphics for installation of banners, publicizing the Distinguished Speaker Series in the Redondo Beach Performing Arts Center, on Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue, and in Rosecrans Avenue between Sepulveda Boulevard and Aviation Boulevard (fiscal impact — none) Recommendation - Approve Gold Graphics' request, subject to the conditions identified by staff. 18 Award of annual contract to C J Construction, Inc , for the repair of sidewalk, curb and other minor Mrovements (estimated contract amount = $44,335 00) Recommendation - 1) Award contract to the lowest responsible bidder, C. J. Construction, Inc. 2) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. 19 Adopt specifications for installation of skid - resistant flooring for Fire Station No 1 - (estimated cost = $25,000 O0, project no PW 98 -8 Recommendation - Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 20 Adoption of specifications for refurbishment and cleaning of air conditioning duct work in the City Library (estimated cost = $35,000 00), project no PW 98 -9 Recommendation - Adopt specifications and authorize staff to advertise the project for receipt of construction bids. 00007 21 Adoption of specifications for re- roofing the Joslyn Community Center - (estimated cost = $40,000 00), protect no PW 98 -7 Recommendation - Adopt specifications and authorize staff to advertise the project for receipt of construction bids. 22 Adoption of plans and specifications for the trenchless rehabilitation of an 18" sewer main in easement west of Virginia Street, between Oak Avenue and Walnut Avenue. Project no PW 98 -6 (estimated cost = $120,000), project no PW 98 -6 Recommendation - Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 23 Award contract to B R Day Construction, Inc for the construction of a storm drain in the 500 block of Washington Street - Protect No PW 98 -4 (contract amount = $148,954 00) Recommendation - 1) Award contract to the lowest responsible bidder, B. R. Day Construction, Inc. in the amount of $148,954.00. 2) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney. 3) Authorize a transfer of $10,000.00 from the previous fiscal year's (1997 -98) annual sewer main repair program. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 24 El Segundo Community Cable status of equipment upgrades and program expansion Recommendation - Receive and file report. 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 Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - 25 Create a footprint map of businesses in the North and South East quadrants of the CrtK Recommendation - Discussion and possible action. 00008 Mayor Pro Tem Jacobs - 26 Donation of computers for Sister City Guaymas Recommendation — Approve donation to Sister City Guaymas. Mayor Gordon - 27 Oral presentation by Mr Mike Rudmica of Robert Bem, William Frost and Associates, on the status of the City's Water Well Protect Recommendation - Receive report. 28 Discussion of proposal by Main Street America Productions to develop, establish, manage and promote special events in the City Recommendation - Discussion and possible action. 29 Proposal from Cassiday & Associates to provide lobbying services for the City Recommendation — Discussion and possible action. 30 Senior Task Force recommendations for Council (1) Request to expand the present market trip program to include a weekly shuttle to an additional market (Fiscal Impact $900 from Prop A Funds)_ Recommendation — Adjust Budget and request program expansion from Los Angeles County. (2) Request a mailer to senior citizens, informing them of key services available to El Segundo residents Mailer to include a phone sticker with a "Help Line' Rhone number for easy reference (Fiscal Impact $2,300) Recommendation — Adjust Budget by $2,300 for printing and postage. 31 Oral Report Barbara Kirby, the City's Library Director from 1969 to 1988 recently passed away and the Friends of the Library have established The Barbara Kirby Memorial Fund All donations will be used to purchase books in her memory for the Library To make a donation, please contact the Friends PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalfof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor andpunishable by a fine of $250 MEMORIALS — Kenneth James Collings CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et sec ) 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 000 ^9 Continuation of matters listed on the City Council Agenda for 5 00 p in, October 6, 1998 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE / TIME / I • o d �n . NAME 100698 ag 00010 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE September 24, 1998 TO Tim Gnmmond Acting City Manager reµ FROM Bellur Devarai City Engineer SUBJECT` Potential Conflict of Interest Items - Clty Council Meeting of October 6, 1998 Is the project within 300 feet of a business or property owned by a City Council member? BKD dr cc* Ed Schroder, Director of Public Works N \MEMOS \CONFLICT OCT 00011 Mayor Mayor Council Council Council Consent Agenda Rem Mike Pro Tem Member Member Member Gordon Sandra Nancy John Kelly Jacobs Wemick Gaines McDowell Award of contract for the construction of a storm drain in No No No Yes Yes the 500 block of Washington Street Adopt specifications for Installation of skid - resistant flooring No No No No No for Fire Station No 1 Adopt specifications for refurbishment and cleaning of air No No No No No conditioning duct work In the City Library Adopt specifications for re- roofing the Joslyn Community No No No No No Center Adopt plans and specifications for the trenchless No No No No No rehabilitation of an 18" sewer main in easement west of Virginia Street Award of the annual sidewalk repair contrail ' ' Note Specific work locations have not yet been identified BKD dr cc* Ed Schroder, Director of Public Works N \MEMOS \CONFLICT OCT 00011 iprocrantation City of ]El Segundo, California WHEREAS, Until July 18, 1979, no commemoration was held to honor America's POW /MIAs, those returned and those still missing and unaccounted for from our nation's wars; and WHEREAS, National POW /MIA Recognition Day legislation was introduced yearly until 1995 when it was deemed by Congress that legislation for special days would no longer be proclaimed by Congress. However, the President continues to sign a proclamation each year; and WHEREAS, On October 7, 1997, the City Council of the City of El Segundo, California adopted Resolution No. 4038, to fly the POW /MIA Flag at each City facility, and WHEREAS, National POW /MIA Recognition Day ceremonies are held throughout the nation and around the world, on or about the third Friday in September, on military installations, ships at sea, schools, churches and fire stations, and WHEREAS, the Space & Missile Center at the Los Angeles Air Force Base in El Segundo, on Friday, September 18, 1998 held a POW /MIA recognition and military Retreat Ceremony at Fort MacArthur, to recognize those who fought to preserve our freedom while sacrificing their own. NOW, THEREFORE, the City Council of the City of El Segundo, California, on this 6th day of October, 1998, commends the Space & Missile Center at the Los Angeles Air Force Base, for its observance of National POWIMLA Recognition Day which gives each American the opportunity to pay tribute to servicemen and women who have served our country, and focus on our responsibility to stand behind those who serve our nation and do everything possible to account for those who do not return. a I. Jam \n \prmlama \pow -mm afb 00012 iproc[araation City of El .Segundo, California WHEREAS, about 925,000 Americans die each year from heart disease and stroke; and WHEREAS, the American Heart Association is committed to public education about heart disease and stroke, and WHEREAS, the American Heart Association is also committed to the support of ongoing medical research to advance knowledge in the areas of prevention and treatment of heart disease and stroke, and WHEREAS, the American Heart Association is the largest voluntary non - profit organization whose mission is to reduce death and disability from heart disease and stroke; and WHEREAS, lack of exercise is a known risk factor for heart disease and stroke. NOW, THEREFORE, the City Council of the City of El Segundo, California, does hereby proclaim Saturday, October 24, 1998 as American Heart Walk Day in the City of Et Segundo and encourages all citizens to support the life - saving work of the American Heart Association and to participate in the American Heart Walk Day. or -ra .''em `Aue+yu �acuzac�ieeirar�er�i1%i .� ✓Pacned �au�ca� ✓iremL�er./�e��i.�aure�� Jam \ \pr I.a\hear Ik 098 00013 i) rocCarrtatiott c itp of (9I *Cgunbo ctCa[if orma WHEREAS, approximately 80% of all United States fire deaths occur in the home; and WHEREAS, heating appliances in the home and cooking activities are major causes of fires in the United States, and WHEREAS, the El Segundo Fire Department, which is dedicated to the safety of life and property from the devastating effects of fire and other emergencies, is joined by other concerned citizens of this City, as well as Businesses, schools, service clubs and organizations, in its fire safety efforts NOW, TIIEREFORE, the City Council of the City of El Segundo, in commemoration of the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless, and destroyed more that 17,400 buildings, does hereby proclaim the week of October 4, through October 10, 1998 as FIRE PREVENTION WEEK FURTHER, the City Council proclaims Sunday, October 11, 1998 as FIRE SAFETY DAY IN EL SEGUNDO and)oins Fire Chief Craig Pedego in inviting the El Segundo community to participate in Fire Safety Day at Recreation Park, Sunday, October 11, 1998, from 10 00 a in to 1 00 p m. The City Council urges all citizens to practice fire prevention and fire safety to avoid needless loss and suffering, and to heed the message, "Fire Drills, The Great Escape " �,1,,—[ .... ,,r," 091 1 � x WHEREAS, the Richmond Street Festival is an annual event organized by the El Segundo Chamber of Commerce and its volunteers, and sponsored by many corporations of the business community, WHEREAS, the Richmond Street Festival promotes the many businesses of downtown El Segundo, WHEREAS, the Richmond Street Festival provides high school student groups, civic clubs, and non - profit associations an opportunity to promote their organizations and to raise funds for their school and community projects, through the sale of food, arts and crafts and other items, WHEREAS, the Richmond Street Festival provides an opportunity for young people to learn the value of volunteensm, demonstrate their shills and talents and gain self - confidence by performing before an audience, WHEREAS, the Richmond Street Festival affords people from other communities the opportunity to discover the hometown atmosphere of El Segundo while experiencing wholesome family entertainment at its finest. NOW, THEREFORE, the City Council of the City of El Segundo, California, hereby proclaims the observance of the 22ND ANNUAL RICHMOND STREET FESTIVAL beginning at 10 00 a m., Saturday, October 10, 1998 and joins the El Segundo Chamber of Commerce in inviting the community to give generous support to all the groups, organizations, merchants and volunteers participating in the Festival FURTHER, the City Council recognizes the ments of this event as a win -win for the entire community of El Segundo and hereby commends the Chamber of Commerce for organizing this annual event which has become a "Celebration of Community " 00015 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: PESENTATIONS AGENDA DESCRIPTION: Donation of $1,300 from El Segundo Optimist Club to city's youth drama program $1,000 and Teen Center $300 RECOMMENDED COUNCIL ACTION: Accept Donation INTRODUCTION AND BACKGROUND. The El Segundo Optimist Club on Wednesday, September 16 attended the Recreation and Parks Commission meeting and presented checks to the commission for $1,000 and $300 respectively DISCUSSION. It has been past practice when a city department receives a large donation the city council is informed and then takes an action to accept said donation The Optimist Club has requested that the $1,000 donation be used toward the purchase of wireless microphones, which will enhance the clarity of performer's voices In addition they have donated $300 to the Teen Center for teen programs ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested. Project/Account Budget- Project/Account Balance: Date. Account Number: Project Phase: 981006 don 9/28/98 2 25pnn 00016 `� K.:` � `_fir•.. r WHEREAS, The ESHS Friends of the Theater is a newly formed non - profit association of volunteers dedicated to the promotion of community theater in El Segundo; WHEREAS, The El Segundo High School Commuity Theater is in dire need of renovation and the ESHS Friends of the Theater will hold a Benefit Variety Show in order to raise funds to renovate the theater seats at the ESHS Community Theater; WHEREAS, The Benefit Variety Show will provide local performers the opportunity to demonstrate their talents while providing wholesome family entertainment for the entire community; WHEREAS, The El Segundo City Council believes that a community is enriched and the quality of life enhanced when the arts are nurtured and supported NOW, THEREFORE, the City Council of the City of El Segundo, California, hereby proclaims October 15, 1998 as EL SEGUNDO COMMUNITY THEATER DAY and loins the ESHS Friends of the Theater and the El Segundo Unified School District in inviting the community to both the Benefit Variety Show at 7:30 p in, Thursday, October 15, 1998 at the El Segundo High School Commu>ty Theater, and to the Special Reception, to he held at 6 00 p.m. prior to the Show, at the El Segundo Woman's Club. FURTHER, the City Council hereby commends the ESHS Friends of the Theater for their inspired efforts in behalf of the community and encourages the community to give generous support to this renovation project .Aar 6Pin .qem F".W44MMA AOI& IV �ar�ee9 �oru�cu `rnienz�er %le awed ,dam \n \procla a \Neater 099 00017 St Anthony Church 710 E Grand Avenue El Segundo, California 90245 September 25, 1998 El Segundo City Hall 350 Main Street El Segundo, California 90245 Ann City Manager SF0 9� 8 1998 This is to inform you that St Anthony's Church will again be holding its annual carnival on the Parish grounds The dates this year will be October 23, 24 and 25, 1998 The hours will be 5 -11 p.m on Friday, Noon to 11 p m on Saturday and Noon to 9 p m on Sunday Again this year, we will be having Dwayn DeBow of E &M Amusements He is well known in the business and has extensive experience in operating carnivals We will not require any special police involvement, other than normal duty, looking in on the carnival from time to time I would like to obtain Council permission to obtain a 3 day liquor license for the operation of our Beer Garden in the Parish Hall I will arrange to obtain the necessary permits from the building and fire departments as in years past I would also like to ask that the Council waive the fees for the City permits required for this event If you will inform me of the meeting date and time, I will arrange to be present to discuss and answer any questions you may have regarding this event I can be reached at (800) 990 -6245 X3615 Sincerely, Sharon Puchalski Carnival Chairman St Anthony's Parish 00018 1 EL SEGUNDO CITY COUNCIL MEETING DATE: 06 October 1998 AGENDA ITEM STATEMENT AGENDA HEADING: SDecial Orders of Business - Public Hearino AGENDA DESCRIPTION: An Ordinance adopting the latest changes to the County Health Code by the Los Angeles County Board of Supervisors as it applies to restaurant inspections RECOMMENDED COUNCIL ACTION. 1 Open the Public Hearing, and Continue until 20 October 1998, 2 Schedule the draft Ordinance for its First Reading on 20 October 1998, and, 3 Schedule for the Second Reading of the Ordinance, and Adoption, on 03 November 1998 INTRODUCTION AND BACKGROUND: The City of El Segundo presently contracts with the County of Los Angeles Department of Health Services to protect the public health and safety by enforcing generally accepted health standards Since the City last adopted the County Health Code, several sections in the County Health Code have been amended This includes the recent adoption of a (County) ordinance empowering County health inspectors to assign a letter grade to food facilities, resultant from their inspection(s), and requiring these facilities to post the grade in a public (observable) place Food facilities include bakeries, bars, food makers, liquor stores, and other similar uses, as well as restaurants DISCUSSION, Pursuant to initial consideration of the subject at its 15 September 1998 City Council meeting, and to enable the "food preparation" community some time to better prepare for its implementation, staff was directed to return this item to Council for public review (hearing) and the first reading of the suggested Ordinance on 20 October 1998 Regrettably, understanding this to be a 'fast track' item, staff had already had published in the El Segundo Herald a public notice of the Ordinance's Public Hearing and First Reading at the 06 October 1998 City Council meeting As a result, in keeping with its direction on September 15th and complying with State law, the Council may wish to Open the public hearing and then Continue the Hearing and its consideration of adopting the restaurant (el al) grading system until its next regularly scheduled meeting on 20 October 1998 ATTACHED SUPPORTING DOCUMENTS: draft 'Restaurant Grading' Ordinance No _ Los Angeles County Ordinance No s 97 -0071 and 98 -0037 FISCAL IMPACT: (Check one) Operating Budget: NIA Capital Improv. Budget: Amount Requested: 0 Project/Account Budget: NONE. Project/Account Balance: Date: Account Number: Project Phase. Appropriation Required – Yes—No X ORIGINATED- Date: 22 September 1998 Bret B �Beniard, aka, Director of Planning and Mary'StFiYiry, City Manager %4-:?e19 F 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING SECTION 6.04.015 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO A GRADING SYSTEM AND CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 The City Council of the City of El Segundo hereby finds as follows A On December 16, 1997, Los Angeles County adopted Ordinance No 97 -0071, which added certain provisions to Titles 8 and 11 of the Los Angeles County Code requiring letter grades to be assigned to restaurants for health inspections, and for those grades to be prominently posted, and established a program requiring licensed food handlers in restaurants Ordinance No. 97 -0071 was subsequently amended by Ordinance No. 98 -037 establishing fees for voluntary reinspections of food establishments B It is the intent of this Ordinance to adopt by reference those sections of the Los Angeles County Code enacted by Los Angeles County Ordinance No. 97 -0071, as amended SECTION 2 Section 6 04 015 of the El Segundo Municipal Code is hereby added to read as follows "6 04 015 Adoption by Reference of Los Angeles County Regulations Relating to Food Establishments Pursuant to its authority and Government Code sections 50022 et seq the following sections of the Los Angeles County Code are incorporated by reference into the El Segundo Municipal Code with the same force and effect as though set out herein in full ORDINANCE NO RE GRADING SYSTEM & CERTIFICATION PROGRAM FOR i4Q* FOOD ESTABUSHMENTS PAGE NO 1 00020 804165 Food Official Inspection Report 8.04.225 Grading & Letter Grade Card 8.04275 Inspection Score Card 8.04.337 Notice of Closure 804.405 Routine Inspection 8.04.752 Posting Requirements — Penalty for Non - Compliance- Documents Available for Public Review 8 04 755 Letter Grade Card & Inspection Score Card — Period of Validity 8.04.943 Public Health Permit Suspension or Revocation— Notice of Closure 1111010 Definitions 11 11 020 Application and Effect 11 11 030 Procedure for Obtaining a Food Handler's Training Certificate 11 11 040 Food Handler's Training Course 11.11 050 Multiple Food Service Operations 1111060 Exemptions 11 11 070 Display of Food Handler's Traning Certificate 1111 080 Change of Certified Food Handler 11 11 090 List of Certificed Food Handlers 1111100 Expiration 1111110 Duplicate Food Handler's Training Certificate 11 11 120 Revocation of Food Handler's Training Certificate 11.11 130 Right to Appeal Following Revocation' SECTION 3 If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 4 This Ordinance shall become effective at midnight on the thirtieth (301h) day from and after the final passage and adoption hereof SECTION 5 The City Clerk shall certify to the passage and adoption of this ordinance as required by law ORDINANCE NO RE GRADING SYSTEM & CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS 00021 PAGE NO 2 PASSED, APPROVED AND ADOPTED this _ day of 1998 Mayor, City of El Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney ORDINANCE NO RE GRADING SYSTEM k CERTIFICATION PROGRAM FOR FOOD ESTABLISHMENTS 0,0022 PAGE NO3 ANALYSIS An ordinance amending the Los Angeles County Code, Title 6 - Consumer Protection and Title 11 - Health and Safety, relating to the operation of food establishments by: 1. Establishing a letter grade and inspect =on score system for all food establishments and requiring the posting of a letter grade card or inspection score card, or both; 2. Requiring all food establishments to keep copies of inspection reports for review by the general public; 3. Requiring all food establishments for which the public health permit has been suspended or revoked to post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; ?. Requiring all food establishments to post a notice providing the address and telephone number of the local environmental health office responsible for oversight of the establishment; S. Establishing a food handler's training certification program and requiring all food establishments to have a person certified in safe food handling practices on the premises at all times; and 6. Making other, technical changes. SAR:sar 12 -3 -97 DE WITT W. CLINTON County Counsel t By ?1�v�C,� I-M SHARON A. REICHMAN Deputy County Counsel Public Services Division 00023 wilvaMW ORDINANCE NO. 97 -0071 An ordinance amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 8.04.165 is added to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 2. Section 8.04.225 is added to read as follows: Section 8.04.225 Grading & Letter Grade Card. A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health B "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection that indreates the letter grade of the 00ID24 establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in con3unction with a -food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both. C. The county health officer, in his discretion, may immediately close any food establishment which, upon completion cf the routine inspection, does not achieve a "C" grade as deflned herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health. D. The letter grade shall be based upon the final numerical percentage score set forth in the Food Official Inspection Report, as follows: 1. A grade of "A" shall indicate a final score of ninety percent (90 %) or higher as determined by the county health office_-' 2. A grade of "S" shall indicate a final score less tnan ninety percent (90 %) but not less than eighty percent (80 %) as aetermined by the county health officer, 3 A grade of "C" shall indicate a final score less 00025 than eighty percent (80 %) but not less than seventy percent (70 %) as determined by the county health officer. SECTION 3. Section 8.04.275 is added to read as follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent (70 %) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment If, in his discretion, immediate closure is necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice -of Closure. "Notice of Closure" 00,926 means a public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment's public health permit and that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the �zc health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION S. Section 8.04.405 is added to read as follows: Section 8.04.405 Routine Inspection. "Routine Inspection" means a periodic, unannounced inspection of any business or occupation specified in Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued Food Official Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. SECTION 6. Section 8.04.752 is added to read as follows: Section 8.04.752 Posting Requirements - Penalty for Non - Compliance- Documents Available for Public Review. A Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean: 1. Posted in the front window of the establishment within five (5) feet of the front door; 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door, or 3. Posted in a location as directed and determined in tne discretion of the county health officer to ensure proper notice to the general public and to patrons. S. In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county health o`_f =cer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer. C. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as aetermined by the county health officer, is or are in place as set forth hereunder Removal of the Letter Grade Card, the Inspection Score Card, or both, zs a violation of this chapter 04028 and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930. D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: "Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telenhone number to be provided by the county health officer)." E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon reauest. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection of the establishment and issues a new Food Official Inspection Report. SECTION 7. Section 8.04.755 is added to read as follows: Section 8.04.755 Letter Grade Card & Inspection Score Card - Period of validity A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection of the food establishment. SECTION S. Section 8.04.943 is added to read as follows: Section 8.04.943 Public Health Permit Suspension or Revocation - Notice of Closure A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer, the health officer shall post a Notice of Closure at the food establishment so as to be clearly visible to the general public and to patrons. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health o_`ficer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no longer operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. Removal of the Notice of Closure by any person other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establisnment's public health permit and shall be punishable as specified in Section 8.04.930 00030 SECTION 9. Chapter 11.11 is added to read as follows: Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION Section 11.11.010 Definitions. As used in this chapter. A. "Certified Food Handler" means an owner, operator, or any other person at least eighteen (16) years of age who supervises all or part of the food service operations within a Food Service Operation and is responsible for training the operation's employees in the areas set forth in Section 11.11.190. At the discretion of the Director, and upon a showing of good cause, the Director may waive the requirement that a Certified Food Handler be at least eighteen (16) years of age. B. "Department" means the County of Los Angeles, Department of Health Services. C. "Director" means the Director of the Department of Health Services or his duly authorized designee. D "Food Handler's Training Certificate" means a certificate issued by the Department, certifying that a Food Handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the Department or by completing a food handler's training course approved by the Director. E "Food Service Operation" means any food service business whicn prepares any potentially hazardous food on the premises for sale or gift to the public and includes but is not limited to all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments. 00031 F. "Potentially Hazardous Food" shall mean those foods set forth in California Health and Safety Code section 113845 as it currently exits or hereafter may be amended. Section 11.11.020 Application & Effect. A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11 150 shall have at least one Certified Food Handler on the premises at all times during operating hours. B. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one (1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 6.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training Certificate. A Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide. I. Proof of successful completion of a food handler's training course approved by the Department; 2. A food handler's training certificate which indicates passage of an examination developed and administered by . 00032 The Center for Occupational and Professional Assessment of the Educational Testing Service; or 3. Any other food handler's training certificate which, in the discretion of the Director, is equivalent to e=ther (1) or (2) above. B. In the alternative to the procedure set forth in subdivision A, any person desiring certification as a Certified Food Handler, upon payment of an examination fee, may take an examination administered by the Department. The Department shall certify only those persons who receive a score of seventy -five percent (75 *) or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in this section. Section 11.11.040 Food Handler's Training Course. Any food handler's training course taken by a person desiring certification as a Certified Food Handler shall be a minimum of four (4) hours in duration. The course of instruction shall include, but not be limited to, the following subject matter: microorganisms, sources of foodborne illness microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food. Section 11.11.050 Multiple Food Service Operations. Persons who operate more than one Food Service Operation shall be 00033 required to have a Certified Food Handler at each operation at all times during operating hours. Section 11.11.060 Exemptions. Food Service Operations which deal exclusively in non - potentially hazardous prepackaged food and beverages or Food Service Operations required by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter. Section 11.11.070 Display of Food Handler's Training Certificate. The Food Handler's Training Certificate shall be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11.080 Change of Certified Food Handler. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in any other Food Service Operation in which he or she subsequently is employed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty days. Section 11.11.090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 Expiration. The Food Handler's Training Certificate shall be valid for four (4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re -apply for a new certificate according to the procedure set forth in Section 11.11.030 00034 Section 11.11.110 Duplicate Food Handler's Training Certificate. The Director, upon a showing of good cause, may issue duplicate Food Handler's Training Certificates upon payment of a duplicate certificate fee. Section 11.11.120 Revocation of Food Handler's Training Certificate. A. The Director may immediately revoke any Food Handler's Training Certificate when any of the following is found to exist within a Food Service Operation which is operated by or under the suoervision of a Certified Food Handler: 1. Evidence indicating repeated or continuing violations of required procedures and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public consumption; 2. Any condition detrimental to the public health, which shall include but not be limited to any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including but not limited to unsafe food temperature; or 3. Evidence indicating falsification of information required by the Department for issuance of the Food Handler's Training Certificate. B The Director shall issue a notice to the Certified Food Handler setting forth the acts or omissions with which he or she is charged and informing him or her of the right to a hearing, if requested, to show cause why the certificate should be reinstated. - Section 11.11.130 Right to Appeal Following Revocation. A. Any Certified Food Handler whose certificate has been revoked may make a written request for hearing within fifteen (15) calendar days after receipt of the notice specified in Section 11.11.230 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may order a hearing at any reasonable time within tnis fifteen (15) day period to expedite the certification revocation process. B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action. C. An Environmental Health Services Manager for the Department shall preside over any hearing requested under this section. Section 11.11.140 Notice of Decision. The Director shall issue a written notice of decision to the Certified Food Handler within five (5) working days of the hearing. The notice of decision shall specify the acts or omissions with which the Certified Food Handler is charged and shall specify either that the certificate remains revoked or that it has been reinstated. Section 11.11.150 Violation. Notwithstanding any other Provision of this chapter, violation of this chapter is punishable by a fine of not more -than $500.00 or by imprisonment 09036 in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense. Section 11.11.160 severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. [804165sr.coc] 00037 -Iftbt- EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: 06 October, 1998 AGENDA HEADING: Special Orders of Business - Public Hearing Public hearing on Environmental Assessment EA401 B and Precise Plan 96 -1 B (Sixth Amendment to PP 12 -72) Address 2041 Rosecrans Avenue, and 831 and 871 South Nash Street (Beach Cities Plaza) Applicant Continental Development Corporation (Mr Jerry Saunders) RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Continue Public Hearing until 20 October 1998, and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: The application requests approval of the three (3) following separate items 1 Amendment of the Precise Plan land uses to conform to the current Zoning Code for the underlying zone, the "Urban Mixed Use South (MU -S) Zone," 2 Amendment of the Precise Plan development standards to conform to the current Zoning Code for the underlying zone, the "Urban Mixed Use South (MU -S) Zone," and, 3 Amendment of the Precise Plan to provide for approval by the Director of Planning and Budding Safety of minor modifications to the requirements of the Precise Plan The applicant is also requesting a determination that the requested actions of the City are within the scope of the development limits established by the approval of EA -350 (which was approved with a Mitigated Negative Declaration of Environmental Impacts) and the City Council Resolution No 3917 If so determined, no additional environmental analysis is required DISCUSSION: The City Council Public Hearing was originally noticed and scheduled for 06 October 1998, assuming that at its immediately preceding meeting —on 24 September 1998, the Planning Commission would take action However, at the applicants request, the Planning Commission did not take action at the scheduled meeting, and instead Continued the item until its next regularly scheduled (8 October 1998) meeting As a result, the City Council Public Hearing should also be Continued so as to allow the Planning Commission the opportunity which to discuss and make a recommendation to the City Council ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None ORIGINATED: Date: 24 September 1998 Bret B ern AICP, irector of Planning and REVIEWED BY: Date: 0 0 0 3 8 P Vrgeds1400425ba- 401%ea401b -cc sr 3 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: 06 October 1998 AGENDA HEADING: Special Orders of Business - Public Hearing Public hearing on Environmental Assessment EA -456 and Precise Plan 98 -2 (First Amendment to PP 1 -81) Address 2101 - 2141 Rosecrans Avenue (The Plaza at Continental Park) Applicant Continental Development Corporation (Mr Jerry Saunders) RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing, 2) Continue Public Hearing until 20 October 1998, and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: The application requests approval of the four (4) following separate items 1 Amend the approved site plan to reflect previously approved "as- built" condition on the site (i a, Wolfgang Puck Cafe outdoor dining, McCormick and Schmick's Restaurant outdoor dining area, valet drop -off area on Apollo Street, and valet drop -off area on Nash Street and other minor landscape and walkway changes) 2 Amend the Precise Plan to permit an encroachment into the side yard setback for McCormick and Schmick's Restaurant for a valet drop -off canopy on Nash Street 3 Amendment of the Precise Plan to clarify that any (then current) codified development standards for the underlying Urban Mixed Use South (MU -S) Zone that are not specifically modified by the Precise Plan will be incorporated by reference and may be applied to improvements (uses and development standards) covered by the Precise Plan 4 Amendment of the Precise Plan to provide for approval by the Director of Planning and Building Safety for minor modifications to the requirements of the Precise Plan The applicant is also requesting a determination that the requested actions of the City are within the scope of the development limits established by the approval of Precise Plan 1-81 (which was approved with a Negative Declaration of Environmental Impacts) and City Council Resolution No 3062 If so determined, no additional environmental analysis is required DISCUSSION: The City Council Public Hearing was originally noticed and scheduled for 06 October 1998, assuming that at its immediately preceding meeting — on 24 September 1998, the Planning Commission would take action However, at the applicant's request, the Planning Commission did not take action at the scheduled meeting, and instead Continued the item until its next regularly scheduled (8 October 1998) meeting As a result, the City Council Public Hearing should also be Continued so as to allow the Planning Commission the opportunity which to discuss and make a recommendation to the City Council ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None ORIGINATED: Date: 24 September 1998 II Bret B)BernarA, AICP �Oirector of Planning and 00039 P \proiects \451- 475\ea- 456\ea456 -= sr EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE 06 October 1998 AGENDA HEADING* Special Orders of Business - Public Hearing Proposed amendments to the Zoning Code for Residential Side Yard Setbacks and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -453 and Zone Text Amendment ZTA 98 -5, Applicant City of El Segundo RECOMMENDED COUNCIL ACTION 1) Hold Public Hearing, 2) Discussion, 3) First reading of Ordinance (by title only), 4) Schedule second reading and Adoption for 20 October 1998, and /or 5) Other possible /direction INTRODUCTION AND BACKGROUND- On 02 June 1998, the City Council directed staff to initiate a "stand alone" Zone Text Amendment to review modifications to the Zoning Code to change the required side yard setback for residential property from the current minimum of 5 feet to a standard of 10% of the lot width As will be described below, the current side yard setback standard in the Single - Family Residential (R -1) and Two - Family Residential (R -2) Zones has been in effect since January 1996, since April 1989 in the Multi - Family Residential (R -3) Zone, and since 1993 in the Medium Density Residential (MDR) overlay Zone On 24 September 1998, the Planning Commission held a public hearing, reviewed the draft modifications to the Zoning Code, and adopted Resolution No 2427 (5 -0), recommending approval of the proposed amendments to the City Council DISCUSSION. On 06 February 1996, the City Council adopted Ordinance No 1245 which included a Zone Text Amendment Continued on next page ) ATTACHED SUPPORTING DOCUMENTS• A City Council Draft Ordinance No B Planning Commission Resolution No 2427 C Zone Text Amendments (as recommended by Planning Commission), dated 24 September 1998 D Draft Initial Study /Negative Declaration of Environmental Impacts y69"N_\AI6d:7.T06 None. ORIGINATE /jD) Date 28 September 1998 Bret B Direc f AICP, tor of Planning and Building Safety REVIEWED BY Date ACTION TAKEN: q1_1_ F 00040 5 EA -453, ZTA 98 -5 City Council Staff Report 06 October 1998 to revise the required setbacks for the R -1 and R -2 Zones from a minimum of 10% of the lot width, with a minimum of 3 feet and a maximum of 5 feet to 5 feet minimum regardless of the width of the Lot Shortly after this change to the Zoning Code, the Planning Commission reviewed the required setbacks again and recommended to the City Council that side yard setbacks on 25 -foot wide lots in the R -1 and R -2 Zones be permitted to be 3 feet minimum, instead of 5 feet minimum This would have enabled the development of wider homes on narrow lots The Council did not adopt these proposed revisions However, when the Council reviewed these amendments, it adopted Ordinance No 1257 on 18 June 1998, which included approving the Planning Commissions recommendation for a new setback standard in the R -2 Zone to allow detached and attached garages to have zero side yard setbacks Previously, garages attached to main house had to meet the side setback requirements of the main house (5 feet minimum) The intent of this was to provide a bit more flexibility for development on narrow 25 -foot wide R -2 properties On 11 April 1989, the City Council adopted Ordinance No 1137 which revised the side yard setback for the R -3 Zone from 10% of the lot width to five feet minimum This amendment was part of a Zone Text Amendment for the R -3 Zone which created identical development standards for condominiums as apartments and introduced the requirements for building wall modulation The required side yard setback for the MDR Zone is also currently 5 feet This standard was established in 1993 From the creation of the MDR Zone in 1985 until 1993, the required side yard setback was 15 feet It should be noted that only three projects have been approved in the MDR Zone since 1985 and all have been on multi -acre properties Thus, revising the setback requirements for the MDR Zone would not have a significant impact on the development that would take place in that zone because the projects would have lot greater than 50 feet in width Prior to these Code amendments, the 10% side yard setback standard, with a minimum of 3 feet and a maximum of 5 feet, had been in place in the Zoning Code for the R -1, R -2, and R -3 Zone since the first Zoning Code for El Segundo was adopted in 1947 Staff has reviewed the proposed amendment to return the side yard setback standard back to the original Zoning Code language and believes it would be beneficial to the overall development of the community The City has hundreds of residential lots which are less than 50 feet in width which would be affected by the proposed change There are a significant number of substandard 25 foot wide lots in the R -1 and R -2 Zones near downtown that would greatly benefit from the proposed amendment The current residences on all but a few lots built since 1996 were built under the old 10% setback standard, and, are therefore now considered legal nonconforming due to substandard setbacks The proposed revision should eliminate this non - conformity for most of the affected properties The change in the Code to a 5 foot minimum has required that many recent additions to homes are forced to set back an additional 6 inches to two 2 feet farther from the property line than the existing house in order to meet the current code Many residents have complained that the "jog" in a wall created by this results in less attractive designs than if a wall could extend along the same wall plane as the existing house This is particularly problematic for the framing and engineering of a second floor addition which might have to be set back farther than the existing first floor Exhibit 1 includes the redline /strikeout text for the proposed amendments to the R -1, R -2, R -3, AND MDR Zones In conclusion, staff recommends that the Planning Commission recommend approval of the proposed modifications to the City Council in order to return the setback standard to that which was in place in the City for more than forty years prior to 1989 in the R -3 Zone and almost 50 years for the R -1 and R -2 Zones An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may be caused by the proposed regulations The draft Initial Study /Negative Declaration of Environmental Impacts was prepared, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No 3805, and, was available for the 20 day public and agency review period from September 3rd to September 24th, 1998, and no comments were received on the document 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 protect 00041 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -453 AND ZONE TEXT AMENDMENT ZTA 98 -5, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010, and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration, and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992, and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, and, WHEREAS, on September 24, 1998, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law, and, WHEREAS, on September 24, 1998, the Planning Commission adopted Resolution No 2427 Recommending approval of the Zoning Text Amendment and, WHEREAS, on October 6, 1998, the City Council did hold, pursuant to law, a duly advertised public hearing on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -453 and ZTA 98 -5, the revisions to the Zoning Code, and, WHEREAS, at said hearings the following facts were established 1 The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning 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 3 State law requires that zoning be made consistent with the General Plan ORDINANCE NO APPROVING ENVIRONMENTAL ASSESSMENT EA -453 AND ZONE TEXT 00042 AMENDMENT ZTA 98 -5 PAGE NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -453 and ZTA 98 -5 the City Council finds as follows GENERAL PLAN The proposed Zoning Code Amendments are consistent with the 1992 General Plan ZONING CODE The proposed Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law The Initial Study concluded that the proposed project will not have a significant, adverse effect on the environment, and a Negative Declaration of Environmental Impact will be prepared pursuant to the California Environmental Quality Act (CEQA), and That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment, and That the City Council authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de mmmus finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the City shall transmit $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA -453, ZTA 98 -5, and adopts changes to the El Segundo Municipal Code as follows SECTION 1. Section 20 20 060 D 2 of Chapter 20 20, Title 20, of the El Segundo Municipal Code is amended to read as follows Side vard Structures shall maintain a minimum setback on each side of the lot of 10 percent of the width of the lot, but shall never be less than 3 feet and need not be more than 5 feet Detached accessory structures, located in the rear one -third of the lot, are allowed zero setback on one interior side lot line SECTION 2. Section 20 22 060 D 2 of Chapter 20 22, Title 20, of the El Segundo Municipal Code is amended to read as follows Side vard Structures shall maintain a minimum setback on each side of the lot of 10 percent of the width of the lot, but shall never be less than 3 feet and need not be more than of 5 feet. Any detached accessory structures, and attached garages on 25 foot wide lots only, located on the rear one -third of the lot, are allowed zero setback on one interior side lot line. ORDINANCE NO APPROVING ENVIRONMENTAL ASSESSMENT EA 453 AND ZONE TEXT AMENDMENT ZTA 98 -5 00043 PAGE SECTION 3. Section 20 24 060 D 2 of Chapter 20 24, Title 20, of the El Segundo Municipal Code is amended to read as follows Side yard facing aside street 10 percent of the width of the lot, but shall never be less than 3 feet and need not be more than 5 feet, except if parking garages or covered parking spaces are located in a sideyard and face a street, then the setback shall be 20 feet SECTION 4. Section 20 24 060 D 3 of Chapter 20 24, Title 20, of the El Segundo Municipal Code is amended to read as follows Side yard facing an adiacent lot 10 percent of the width of the lot on each side of the lot, but shall never be less than 3 feet and need not be more than 5 feet Detached accessory structures, located in the rear one -third of the lot, are allowed zero setback on one interior side lot line SECTION 5. Section 20 45 060 D 2 of Chapter 20 22, Title 20, of the El Segundo Municipal Code is amended to read as follows Side vard 10 percent of the width of the lot on each side of the lot, but shall never be less than 3 feet and need not be more than 5 feet, except if parking garages or covered parking spaces are located in a sideyard and face a street, then the setback shall be 20 feet SECTION 6. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall ause 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 ORDINANCE NO APPROVING ENVIRONMENTAL ASSESSMENT EA -453 AND ZONE TEXT 0 0 0 4 4 AMENDMENT ZTA 98 -5 PAGE PASSED, APPROVED and ADOPTED this day of , 1998 Mike Gordon, Mayor ATTEST I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of 1998, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney p \zoning \ea453 \ea453 ord ORDINANCE NO APPROVING ENVIRONMENTAL ASSESSMENT EA 453 AND ZONE TEXT 00045 AMENDMENT ZTA 98-5 4 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Request the City Council to obtain the telephonic answering services of AAM Communications for the purpose of facilitating public noise and odor complaints related to the Los Angeles International Airport and the Hyperion Water Treatment Plant to be funded by the General Expense Account for an estimated amount of $1,725 00 (3 month trial period) RECOMMENDED COUNCIL ACTION Approve a 90 day trial period to establish a Hotline telephonic answering and facsimile service with AAM Communications to respond to complaints made regarding the Los Angeles Airport and the Hyperion Water Treatment Plant (5 00 p m to 8 00 am Monday through Friday, 24 hours a day on Saturday and Sunday INTRODUCTION AND BACKGROUND. The city currently provides a telephone 24 -hour Hotline for residents to report noise and odor concerns relative to the Los Angeles International Airport and Hyperion Water Treatment Plant A Special Protects Consultant (Harvey Holden) is assigned to answer noise and odor concerns of residents during regular business hours After regular business hours, telephone calls are forwarded to Police Records Division personnel DISCUSSION: During the past three months, the amount of telephone "complaint calls," particularly after regular business hours, has increased substantially Telephone calls during this time concerning airport noise have more than doubled The added responsibility to police department personnel in handling these calls has, and will, adversely affect the delivery of services in other areas After reviewing several options for providing a telephone Hotline, it was determined that a dedicated telephone service could be utilized to meet the needs of the city Seven companies who provide telephone service were contacted for an explanation of services provided and for a cost quotation The quotations received by city staff ranged between $150 to $350 (base cost) per month and services provided by each company varied Companies that provided services required by the city did not necessarily provide low -end quotations AAM Communications provides thorough answering services for a reasonable monthly fee (Continued on next page) ATTACHED SUPPORTING DOCUMENTS- Written quotation from AAM Communications Memo to Mayor and City Council members from Airport Protects Administrator (dated August 19, 1998) FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $ 1,725.00 Project/Account Budget: $ 46.250.00 ProjectfAccount Balance: $ Date: Account Number: 001- 400 - 2901 -6244 Project Phase: ORIGINATED: Date: September 29, 1998 00046 L DISCUSSION: (Continued from Page One) In addition to providing basic Hotline answering services, AAM Communications operators will record necessary information on complaint forms, notify the proper authority at the L A Airport, Hyperion Plant or Air Quality Management District (AQMD), and fax the appropriate number of reports required by each monitoring organization A copy of each report will be forwarded to the city's Planning and Building Safety Department After an initial 90 -day trial period, city staff will evaluate the telephone service and recommend further action as needed A simple analysis by the city's Special Projects Coordinator, Harvey Holden, regarding the amount of telephone complaints received by the city during the past two months, estimates monthly cost for services provided by AAM Communications will be between $450 and $550 based on the following charges 1) $250 base cost for 90 minutes, 2) $ 95 per every additional minute, 3) $ 25 for each facsimile transaction Funding for this service will initially come from the General Expense budget/preparation account in light of the fact that the Noise Abatement and Hyperion MMIP accounts currently used for such services are restricted for this use by federal guidelines It is anticipated that at the completion of the trial period, city staff will be able to better assess the following issues • Quality of service • Responsiveness • Accuracy of service • Cost accuracy • Projection for continued funding • Recommendation for a permanent solution, cost, and a funding mechanism 00047 AAMCOM 800 N Pacific Coast Highway Redondo Beach, CA 90277 (310) 318 -8100 Fax. (310) 318-3379 Company CITY OF EL SEGUNDO (Office of Planning & Budding) Name Harvey Holden, Airport Projects Administrator Address City El Segundo State CA ZIP Phone 310/607 -2202 Fax 310/322 -4167 QUOTATION ir= Quote Date 8/24/98 Quote Sent By Fax Rep Tom Potts Terms Offeired City Total Description Unit Price TOTAL COMPLAINT HOTLINE Call Center $25000 includes daily fax reports) Set U (program, train o s one time charge $7500 _ Activity charge, 90 minutes included Additional operator access 95 /min Dial -outs 25ea Adds and changes 1 Was (dial -outs are whenever a call or call message is delivered) Line tariff local - 10 /min , long - 27 /min Total Monthly Base Rate $25000 Payment Details Minimum Set -Up Fee $7500 O Cash Taxes State O Check Deposd_ Total Start Up Cost $326.00 Name _ Company Office Use Only This estimate is good for 30 days from the the date of quotation Prices quoted are for quantities shown AAMCOM... Your Communication Partners 11 �i AAMCOM Hotline Response Features 24 X 7 Professional Operator Service Custom Designed Decision Tree Complaint Form Templates Dispatching Detailed Reporting Company Highlights Experience- Established in 1953 Current Management since 1981 Expertise: Core competency is staffing and dispatching with roots in medical emergency dispatch. Modern Answering Equipment: Y2K Compliant. System purchased new in 1997. Software version is latest available. Trade Association Memberships: ATSI, NAEO, and ACETS Errors and Omissions insured. UPS and Diesel Generator power back up. 00049 References Kevin Taylor, S E Rykoff "You're the one thing I don't have to worry about Your people are concerned If my customers are not getting a response from my staff, you call me" 213 622 5388 Janet James, W R Grace and Company "You guys are greats" 562 927 1461 Nancy Schuttenhelm, Memorial Medical Group, Long Beach, Ca 562 426 3333 Billie Ahansell, T D Rowe Corporation 310 639 6710 Robin Wright, Depuy Orthopaedics, Johnson & Johnson, Inc, 310 414 0554 Tom Coe, California Water Service Company, 310 540 1033 00050 CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: August 19, 1998 To: Mayor and City Council Members Interim City Manager Via: Director of Planning and Building Safety From: Airport Projects Administrator t4j` Subject: Dedicated Hot Line for Citizen Complaints In October 1997 staff provided information regarding a dedicated complaint line for the City That information has changed little except for the dedicated phone service option which has gotten more expensive Most of the "low- ball" companies contacted last year no longer exist Many of the services providing hot line Current procedure No additional cost Sunk cost as personnel and phone system already exist for public service Dedicated Phone Line Cost $1,415 The City's current phone circuits are all oct;upied Installation of a "circuit pack" of 8 new lines would cost $1,200 The Complaint line's share of the cost of the circuit pack would be $150 A dedicated phone set would cost $215 Dedicated Phone Service Five companies were contacted Charges vary from approximately $150 to $350 per month, dependent upon total time required to service monthly calls Set up is extra and vanes from $404100 Estimated total annual fee for complaint line service would be between $1,900 and $4,300 Last year's estimated annual cost varied from approximately $500 to $1,140 plus setup Assumptions 1 The complaint form and procedures would remain unchanged 2 24 hour per day coverage would be required, since it is calls, not hours of coverage, upon which rates are based 12 hours of service would cost about the same as 24 hours of service Companies contacted included AAM Communications, Tower Communications, Answer California, G A J Communications, and 21 Answering Service It is likely that the City of Los Angeles would resist funding the establishment of a second hot line for Hyperion Complaints with MMIP grant funds. 0 Of) 51 C *ar cy%yp9 ftirphM 898 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Commissions, Committees & Boards (CCBs) AGENDA DESCRIPTION: Vacancy of Small Business Representative position on Economic Development Advisory Council RECOMMENDED COUNCIL ACTION a) Open recruitment for vacancy on Small Business Representative position on Economic Development Advisory Council b) Advertise the position pursuant to established procedure, with filing deadline to be set for 5:00 p.m., two days (48 hours) prior to Interviews of candidates. C) Schedule date of Interviews of candidates INTRODUCTION AND BACKGROUND: A vacancy occurred upon the resignation of Nancy Cobb, the Small Business Representative to the Economic Development Advisory Council There are no term expiration dates for positions on the Economic Development Advisory Council This committee meets on an "as needed" basis and anticipates meeting prior to year end DISCUSSION: Information regarding the specific duties and qualifications of these Commissions /Committees /Boards and their members, as well as apphcahon forms, will be made available at the Council Office, the City Clerk's Office, Chamber of Commerce, Joslyn Center and the El Segundo Library Interested candidates are invited to file an application as soon as possible All candidates will be interviewed by the City Council on a date to be announced Applications must be filed at City Council offices by 5:00 p.m., two days (48 hours) prior to interviews. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A ORIGINATED: Date: September 30, 1998 a Abreu Mason, Council Assistant Date: 0 7oa n \cWformsVe ud 098 00052 7 m a W O u 0 J 6 O s a J r O O 2 W W T r J 5 u 0 Z L w 0 a • W Y 2 t 2 t U + u < Z LL O O u W ¢ O fit L�J 'Rn 4 AARR:RR9 :1 A x A Rw R R a: 7i7C 7i I t 2n 7 E W E: A S 1 29 191 3 3 a :Z Z IP R\ R N N P O y 1 I ✓ LQ w a � _ ' I ` I I WIN J1 I I COOP I I 61NNN UIN N N 1 p O N N V11 F FIN N NI 1 "Wj N Gm aim N MI P •1 I Mb+D mm NNPP W MP•Oee Y N YEN N 1I�i N NI N M M M Y f N f V Ip O P I 4U1 I SIN b M 0 0 f M� P M ttI{{ n - U m P P * R O N M- M v o.M 0 Z +N M • m I Oni O .U1h OMN 0 0 N M N Y r f i N iIN N NI LL M w� N r• •- M M M M w I � m O P V J C C 7 µ Y u O C O t C L w W d ov 4 r ✓ 0 I N N • 7 =o i c < a ro u u •c w \ = LL I I p• I = C ✓ •• O A Y U a 9 C I y N • W ► 0 U I > N • T P Y C L U I r I + ¢ yya,I e m w O L L P r I .QJJ¢ 2 tl W y Y G Y n N L• V• S M ✓ c• 40 O ¢ ✓ •� ✓ + a u iNh. Y t M • L > • • pW O N n O U O Y U < Z 0 0 L Z Z 2 1 i N O D C Y C ] L U u•� G • F 7 p F T Z O • O Y n 7 « 2 0T 20 ON 7 u u y « •+ L• O• O•� O Z 6 L Z W U 2 0 «+ O N C • L> •+O ���CCCH <'1 ZH W > 2 O a +► O T • C • « L M c O L W 2 W ¢ C O R ■ • p L W W a 0 ti S 0 0 u N ' ! u Y✓ •_ Y D •• < •✓ LL � U .R iC m IO U' ILL D J ¢z 7 a++ x p L • • O C 4 • Y < T> • O✓ tli •+ O L e D A = • T 04 W+- 0 6¢ •• NNZZ"•OTLL6 2 6 M t a W 6 h i U Y ► a U O > r 6 9 C Z WI< 7 O LL ���1111W a L a t d�• L L W a L Y S d ¢ a= W W n C G •• ✓ 9 L O 0 c L Y p • O+ • L« • • •+ • T Y✓ • O a• LL aYYYYYWllll l- a!- V W J N ] C •+ F T P am T pa ■ + > J0< W W 4 u O J ow-ma EL < W U 4, O L o- O - • L u« Y L aJ� Q+ + < U L a W 0 0 • « u \ •+ G O A u O L 6 aij Uti ¢h d Wm Z•• ► t► • L T+ ■ M► L• «L •p W F O W L 6 d W- W LL •+ WLp Y- W +fi c O U O r Y a u U W ✓ ✓ L n✓ W 4 Z wo 00 1 d R.JJ M f d+- O N• U f 0 c C co c✓•• W F u11q mm Y< K 00 O W % O L L 4 • > •] L Y✓ O L C« C M U + < < 6 6 c S u ow mm W O c 0 7• L •« O O c ■ c V O T•• • . V L u p L L u ■ ✓• U p L « c y« U V✓ O Y N■ 6 ✓ ✓• • 41 F T p f 6 n T N« ✓ t 4 L A • U p W✓ A O L C M L« i n Y C] o ] 6 C Y •• 2 N bmP�•NfwF m- UM- Mm .4. L O L Y ] • N L n• * 7 L•• N e 7 O p 0 0 �• . r O O o O O o O O O Z O O T+ C �•• O Y r r '• M Y1 N •• b F r r a ►• ♦ L c L • O L N • 7 L m 4 • O o C L 4 o w a n- o d j0q&&UMmq =4 ev W .•« ✓ p b N ✓ S O 4 4 O V u ■ R � LL M Y ► > • + I T O • w W P LL ► N L• uo o +v n• « 2 ✓ L • < W W L 7 <• . m a 2 t r •► L W c U L 0 4 I� �- r ► 0 0 0 0 3 w .•o W« u u c i oloor a • W Y 2 t 2 t U + u < Z LL O O u W ¢ O fit L�J City of El Segundo PAYMENTS BY WIRE TRANSFER 09/08/98 THROUGH 09/28/98 DATE Payee Amount Description 09/08 Employee Bond 35000 Employee Bond Purchase for Payroll #5 09110 West Basin Water 891,803 60 Monthly Water for July 09/16 Healthcomp 1,771 10 Weekly eligible claims week ending 09/15/98 09/18 IRS 160,302 33 Federal Payroll Taxes P/R #6 09/18 Emp Dev. Dept. 30,523 72 State Paroll Taxes P/R #6 09/21 Employee Bond 30000 Employee Bond Purchase for Payroll #6 09/21 Wells Fargo 100,000 00 Transfer of Funds to Worker's Comp Accoun 09/23 Healthcomp 69039 Weekly eligible claims week ending 09/22/98 DATE OF RATIFICATION: 10/06198 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by City Treasurer ////%% Finance Director /4 f Date 9 Z 9 Date City Manager. �lzl / Date 9 //y/y� 1,185,741.14 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 00054 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, September 15,1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5 00 P M PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Councilmember Wernick - Present Councilmember Gaines - Present Councilmember McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure io do so shall be a misdemeanor and punishable by a fine of $250 No individuals addressed Council CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec ) 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 Hughes v City of El Segundo, LASC Case No BC 185210 2 Mosleh & Greffon v City of El Segundo, LASC Case No YC 025903 3 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles No BSO44667 El Segundo v Kilroy, LASC Case No YC 031166 Fragale v City of El Segundo, LASC Case No YC 023177 and USDC No CV- 95- 7041(DT) Ex Hargreaves v City of El Segundo, LASC Case No YC 030268 El Segundo v Stardust, LASC Case No YC 031364 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - City Manager recruitment; and CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) - Meet with negotiator, City Attorney Mark Hensley, with respect to City Manager position MINUTES CITY COUNCIL ADJOURNED MEETING 0 0 0 5 5 SEPTEMBER l5, 1998 - 5 00 P M PAG °1 X CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - Status report on real estate matters REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE SPECIAL ORDER OF BUSINESS - 1 Interv>ew candidates for Community Cable Advisory Committee It was the consensus of the City Council to appoint Winton Churchill to a full 4 year term on the Community Cable Advisory Committee, to expire October 31, 2002 ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk MINUTES CITY COUNCIL ADJOURNED MEETING SEPTEMBER 15,1998- 5 00 p m 00056 PAGE NO 2 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 15,1998 - 7:00 P.M. Next Resolution # 4089 Next Ordinance #1288 CALL TO ORDER Mayor Gordon at 7 00 P M INVOCATION AND PLEDGE OF ALLEGIANCE - Members of Boy Scout Troop #773 PRESENTATIONS - (1) Commendation recognizing James Jordan, Eagle Scout from Boy Scout Troop #773, on his community service project in repainting the stenciled designs on over 350 City storm drains Councilmember Gaines presented a Certificate of Commendation to Scout Leader Lacy Cook on behalf of James Jordan, Eagle Scout (2) Proclamation joining with the United Nations in recognizing the year -long observance of the "INTERNATIONAL YEAR OF OLDER PERSONS," commencing on October 1, 1998 Councilmember Wernick read a proclamation, and presented it to President of the Senior Citizens Club (3) Councilmember McDowell presented a Certificate of Commendation to Eric Johnson, President, of ESRA (El Segundo Residents Association) (4) Mayor ProTem Jacobs presented a Certificate of Commendation to the Fellows class of 1998 of CORO (5) Mayor Gordon presented a Certificate of Commendation to Sue Carter of The Friends of the El Segundo Public Library ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wenuck Councilmember Gaines Councilmember McDowell - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on 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 Four (4) individuals addressed Council 00057 MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1998 PAGE NO I 1 Liz Garnholz, resident, suggested that the Boy Scouts stencil addresses on curbs as a project; expressed concern regarding paramedic transport charges, and addressed the City of Los Angeles updates regarding a recent Noise meeting 2 Sandra Mason, resident, requested that Council address the subject of leaf blowers Mayor Gordon requested the Intenm City Manager provide a report on the City's current laws regarding noise and leaf blowers 3 Barbara Parchen, business owner, proposed weekly evening street fairs on Main Street and surrounding area with a possible farmers market 4 Bill Mason, President of the Chamber of Commerce, requested City support and assistance for the 1998 Richmond Street Festival, scheduled from 10 00 a in to 5 00 p in , Saturday, October 10, 1998, and approval for Chamber to host a one day sale of beer on City property 5 Sandra Mason, resident, expressed concern with the proposed Beer Garden MOVED by Councilmember McDowell, SECONDED by Mayor ProTem Jacobs, to approve the El Segundo Chamber of Commerce request for City support and assistance for the 1998 Richmond Street Festival, scheduled from 10 00 am to 5 00 p in on Saturday, October 10, 1998 and approval of the Chamber hosting of a one day sale of beer on City property MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Councilmember Wernick, SECONDED by Councilmember Gaines, to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. B. SPECIAL ORDERS OF BUSINESS - 2 Announcement and introduction of new City Manager and approval of employment contract Acting City Manager, Jack Wayt, introduced new City Manager, Mary Strenn, to the Public and Staff and advised that Ms Strenn will begin work with the City of El Segundo on September 28, 1998 MOVED by Councilmember Wernick, SECONDED by Mayor ProTem Jacobs, to approve Contract No 2530, with Mary Strenn, City Manager, with the addition of health coverage in the severance provisions of the Contract MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 00058 MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1998 - 7 00 P M PAGE NO 2 3 Proposed (Third quarter) amendments (unfinished Items) to the General Plan and Zoning Code 1) Signs, and 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA), Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third quarter Amendments Applicant City of El Segundo Mayor Gordon stated this is the time and place hereto fixed for a Public Hearing on the Proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning Code 1) Signs, and 6) Amplified Sound Permits, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA), Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, Third quarter Amendments Applicant City of El Segundo He asked if proper notice had been given and if any written communications had been received Clerk Mortesen stated that proper notice had been given and no written communications had been received No individuals addressed Council MOVED by Mayor ProTem Jacobs, SECONDED by Councllmember Wernick, to continue the Public Hearing to a regular City Council meeting on October 20,1998 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 4 Appointment made by the City Council on Tuesday, September 15, 1998 to one position on the Community Cable Advisory Committee Mayor Gordon announced the appointment of Winton Churclull to a full 4 year term on the Community Cable Advisory Committee expiring October 31, 2002 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 5 Warrant Numbers 250100- 250405 on Demand Register Summary Number 04 in total amount of $1,620,828 67, and Wire Transfers in the amount of $270,192 98 6 City Council meeting minutes of September 1, 1998 7 PULLED FOR DISCUSSION BY COUNCILMEMBER GAINES 8 Request to reclassify one position from Police Administration Analyst II to Records and Communications Manager at an additional total compensation cost of $3,438 to be funded through FY 98 -99 salary savings, and adopt Resolution No 4092 MINUTES CITY COUNCIL REGULAR MEETING l' S J SEPTEMBER 15, 1998 - 7 00 P M l.' PAGE NO 3 Proposed class specification and Resolution No 4090 establishing a monthly salary range for the new Community Cable Division ,lob classification of Multi -Media Specialist Fiscal Impact Funding for the one position job classification is contained in the Fiscal Year 1998 -99 Operating Budget 10 Examination plans for designated Personnel Merit System lob classifications 11 Award Contract No 2632 to Pavement Coatings Company for the fiscal year 1997 -98 Slurry Seal - Project No PW 97 -28 (contract amount $78,442 86) 12 Implementation plan for City Telemetenng (SCADA) System for Water, Sanitary Sewer and Storm Drain Facilities 13 Request from DIRECTV to install a temporary banner (60' x 90' - 5,400 square feet total), to thank their customers The sign would be located on the north side of their building at 2320 East Imperial Boulevard, and would be in place for two months, from September 17 to November 14, 1998 (Sign Plan 98 -30) Applicant DIRECTV 14 Local Resources Program Grant application to Metropolitan Water District for development of a City water well MOVED by Councilmember McDowell, SECONDED by Councilmember Gaines, to approve Consent Agenda Items 5, 6, 8, 9, 10, 11, 12, 13 and 14 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 7 Request City Council approve the awarding Contract No 2631 for Architectural Services for Fire Station No 2 to Robbins, Jorgensen, Christopher as the most qualified architectural firm Fiscal impact approximately $170,000 Comments and discussion on the expected costs of the new Fire Station by Councilmember Gaines and Fire Chief Pedego MOVED by Councilmember Wernick, SECONDED by Councilmember Gaines, to approve Contract No 2631, for Architectural Services for Fire Station No 2 to Robbins, Jorgensen, Christopher as the most qualified architectural firm Fiscal impact approximately $170,000 MOTION PASSED BY UNANAMOUS VOICE VOTE. 510. F. NEW BUSINESS - CITY MANAGER - NONE MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1998 - 7 00 P M 00060 PAGE NO 4 G. NEW BUSINESS - CITY ATTORNEY - 15 An Ordinance adopting by reference changes to the Los Angeles Code regulating food establishments Council consensus to direct staff to schedule for public hearing and first reading at a regular City Council meeting on October 20,1998, and second reading and adoption at a regular City Council meeting on November 3, 1998 H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell — Reported on the Investment Advisory Committee meeting, and complimented Bill Bue, Treasurer, on a wonderful Job Councilmember Gaines Spoke regarding the Sound Installation Program and the airport administration's views on providing 20% of costs with aviation agreements, stated the City Attorney is developing language to provide legislative relief, and addressed Prop 9, deregulation of power companies requesting that staff schedule a briefing at a regular City Council meeting in October Councilmember Wernick - 16 Suggestion for Community Cable to consider producing a video heritage log and a weekly El Segundo news program Received Council consensus to direct the Cable Committee to investigate the possibilities of developing a heritage log and possible news magazine program, and reported on a Senior Citizens Task Force Meeting Mayor Pro Tem Jacobs — Reported on a Business Task Force Meeting, advised that the SCAG Transportation Committee is working on amending the regional transportation plan, and announced a visit by Sister City representatives on September 23, 1998, and urged everyone to attend Mayor Gordon - Mayor Gordon requested the Council consider an issue that arose after the posting of the Agenda MOVED by Mayor ProTem Jacobs SECONDED by Councilmember McDowell to address the issue of a Resolution calling for a Regional Airport Plan for Southern California MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 15, 1998 - 7 00 P M 001061 PAGE NO 5 Mayor Gordon read Resolution No 4091 by title only RESOLUTION NO. 4091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING FOR A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA. MOVED by Mayor Gordon, SECONDED by Councilmember Weinick, to adopt Resolution No 4091 calling for a regional airport plan for Southern California MOTION PASSED BY UANANIMOUS VOICE VOTE. 510. Mayor Gordon gave an update regarding the airport, a SCAG sub - committee meeting on Noise, and the Senior Task Force Meeting, and announced that Cal -Trans has denied the City's request for a left hand turn lane from Grand Avenue to Sepulveda PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the Cary 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 Four (4) individuals addressed Council 1 Bill Mason, Chamber of Commerce President, complimented Council's actions to grade restaurants, and the Prop 9 Forum 2 Liz Garnholz, resident, addressed the City Water Well Grant Application and questioned when there will be a presentation Mayor Gordon stated that a presentation will be made at the October 6, 1998 City Council meeting 3 Sandra Mason, resident, supported a new magazine show on Community Cable, and asked if the City's Car shows could be held on Sundays 4 David Hafferan, resident, suggested beautifying El Segundo and planting trees MEMORIALS: Adjournment in Memory of the City's former Library Director, Barbara Kirby CLOSED SESSION - NONE ADJOURNMENT: at 9 15 p in to October 6, 1998 at 5 00 p m. Cindy Mortesen, City Clerk MINUTES CITY COUNCIL REGULAR MEETING 00062 2 SEPTEMBER 15, 1998 — 7 00 P M PAGE NO 6 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request for proposals from qualified consultants to develop a master street tree plan for the City of El Segundo West of Sepulveda Boulevard RECOMMENDED COUNCIL ACTION: Authorize staff to solicit proposals from qualified consultants INTRODUCTION AND BACKGROUND, The adopted Fiscal Year 1998 -99 Capital Improvement Program includes a project to study the city's street trees and develop a master plan to address planting, as well as the removal of undesirable trees, which may be dying or causing serious property damage DISCUSSION. The Recreation and Parks Commission, at their September meeting, reviewed the proposed RFP and discussed the scope of work as outlined This project will be unique in that it will involve the Recreation and Parks Commission in a hands on way and will also seek community input by conducting a series of meetings specifically with the residents, the business community, and local organizations Staff is requesting City Council authorization to solicit proposals from qualified consultants The Recreation and Parks Commission will review the various proposals and then forward a recommendation to City Council for approval ATTACHED SUPPORTING DOCUMENTS- 1- Request for Proposal Draft 2- Agreement for Professional Services FISCAL IMPACT. (Check one) Operating Budget: Capital Improv. Budget. x Amount Requested: 20.000 Project/Account Budget. 20.000 Project/Account Balance: 20.000 Date: October 6. 1998 Account Number: Project Phase: Study 981006 -tre 9 -28 -98 2 20pm 00063 10 4"pp �r REQUEST FOR PROPOSAL FOR THE DEVELOPMENT OF STREET TREE MASTER PLAN WITHIN THE CITY OF EL SEGUNDO 00064 GENERAL INFORMATION: The City of El Segundo is seeking proposals from qualified consulting firms to develop a Street Tree Master Plan The City has approximately 5,000 street trees which it is responsible to maintain The purpose of the Master Plan will be to provide the community with the most appropriate selection of street trees to replace existing declining or troublesome species It will also create an inventory of all street trees and recommend species for planting in the community The consulting firm will work closely with City staff and the Recreation and Parks Commission in the development of the process and the eventual plan of action Develop Master Plan objectives with City staff and Recreation and Parks Commission 2 Complete a tree inventory of all street trees on a street by street basis Evaluate the desirability and physical condition of the various trees species presently in the city 4 Identify and recommend replacement tree species for particular locations Identify any streets which may need complete removal and replacement 6 Develop a phased plan for tree planting and/or removal 7 Work with staff and conduct community meetings to explain process, receive community input, review alternatives, and review draft reports. Minimum of 10 meetings 2 00065 8. Make presentation to Recreation and Parks Commission and City Council Minimum of 4 meetings Identify specific limitations for planting trees based on conditions such as parkway widths, building set backs and street configuration 10 Develop criteria for removal of specific tree species. 11 Prepare Final report including the use of computer enhanced applications in order to visualize newly planted trees at various stages of development 12 Provide graphics, illustrative drawings, photographic slides, and/or photographic image boards for presentations 13 Recommend type and size of specie to be planted are to be based on the following (listed items are to be accompanied by documentation). o Aesthetic qualities o Level of disease resistance o Level of insect resistance to known local pests o Size of growing space (parkway) o Availability of specified specie o Level of maintenance required by selected specie (trim cycle) o Tolerance to existing environmental conditions (soil type, water ph, surroundings, etc ) o Potential for damage caused by root intrusion and unusual frequency of broken limbs 14 Provide photo identification of selected species and include botanical name, common name, noting the following characteristics rate of growth, whether evergreen or deciduous, bloom length, if any, expected size, shape, canopy spread, any negative aspects (excessive bloom 00066 drop, berries, large seed pods, ,evasive roots, susceptibilities to pests, etc ). 15 Provide suitable methods of replacement Estimate by species or phases the anticipated costs to replace and replant trees Provide recommended priority replacements and an estimated time frame from start of project for declining species SELECTION PROCESS: The criteria used in the selection of a consulting firm will include A Specialized experience in type of work required B Quality of work previously performed C Proposed time line for completing final report D. Cost to perform scope of work 1930=116311k MKIM Firms submitting proposals should include the following A A description of qualifications of the firm and key personnel to be assigned to this project B A description of the firms previous experience, including projects of similar nature C An outline of specific services to be performed D A time schedule for completion of project E Proposed bid to complete project as outlined in scope of work in this Request for Proposal c Trees \rfptrees drf 4 00067 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this _ day of 1998, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the hereinafter referred to as "Consultant" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1 SCOPE OF SERVICES Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law Consultants shall begin its services under this Agreement on , 199_. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein 2 STATUS OF CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive N \AGREEMNT MST (8)19198) -1- 00068 direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3 CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section 4. PERSONNEL Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. N \AGREEMNT MST (8119198) -2- 00069 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibits B and C hereto and made a part hereof Payments shall be made within thirty (30) days after receipt of each invoice as to all non- disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6 ADDITIONAL SERVICES OF CONSULTANT Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Attachment A, unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7 ASSIGNMENT All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8 FACILITIES AND RECORDS City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and N 1AGREEMNT MST (8119198) -3- 00070 necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9 TERMINATION OF AGREEMENT This Agreement maybe terminated with or without cause by either party upon 30 days written notice In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10 COOPERATION BY CITY All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for N 1NGREEMNT MST (8/19/98) -4- 00071 carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11 OWNERSHIP OF DOCUMENTS Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12 RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement N WGREEMNT MST (8/19/98) -5- 00072 or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest (n, or shall they acquire any interest, directly or indirectly which will N VAGREEMNT MST (8/19/98) l� 00073 conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13 DEFAULT in the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant 14 INDEMNIFICATION (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, N WGREEMNT MST (8/19198) -7- 00074 "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant 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 Consultant of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, 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 Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City 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 Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement N VWGREEMNT MST (8119198) QM 00075 The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions 15 INSURANCE. A Insurance Requirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for in juries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A•VII Consultant shall provide the following scope and limits of insurance broad as (1) Minimum Scope of Insurance Coverage shall be at least as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City N V+GREEMNT MST (8/19/98) -9- 00 G76 (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the Consultant's profession (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit 1s used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (b) Automobile Liability $1,000,000 per accident for bodily injury and property damage (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident N \AGREEMNT MST (8/19/98) -10- 00077 occurrence (d) Errors and Omissions Liability, $1,000,000 per B Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mad, return receipt requested, has been given to the City (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects, liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers Any N WGREEMNT MST (8119/98) -11- 00078 insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C Other Requirements Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right N 1AGREEMNT MST (8/19/98) -12- 00079 to inspect complete, certified copies of all required insurance policies, at any time (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (2) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 16 ENTIRE AGREEMENT This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding N WGREEMNT MST (8/19/98) -13- 00080 17 GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 19 MODIFICATION OF AGREEMENT The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 20 AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /shetthey has /have the N WGREEMNT MST (8/19/98) -19- 00081 authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she/they has /have the authority to bind Consultant to the performance of its obligations hereunder 21 NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: MA Attention Jim Fauk Recreation and Parks Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 3224670, extension 298 Facsimile (310) 322 -3693 Consultant Attention The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service N VAGREEMNT MST (8119198) -15- 60082 20. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL SEGUNDO Title Mike Gordon. Mayor ATTEST Cindy Mortesen City Clerk N WGREEMNT MST (8/19/98) -16- Title APPROVED AS TO FORM: Mark D Hensley City Attorney 00083 EL SEGUNDO CITY COUNCIL MEETING DATE- October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION: Request City Council's acceptance of an EPA grant awarded to the Fire Department and authorize the Mayor to sign the Assistance Agreement to allow disbursement of funds Fiscal Impact Approximately $15,000 award to City RECOMMENDED COUNCIL ACTION: Accept $15,000 EPA grant authorization to the Fire Department for development and irnplementation of a risk communication pilot study that includes the City of El Segundo and authorize Mayor to sign the Assistance Agreement to permit disbursement of funds INTRODUCTION AND BACKGROUND: In May 1998, Environmental Safety Coordinator Steve Tsumura, in conjunction with Beach Cities Community Awareness and Emergency Response (CAER) organization, applied to the Environmental Protection Agency (EPA) for a grant to assist the Fire Department in its regulation of the State and Federal Risk Management Program (RMP) for refineries and chemical plants The grant funds would be utilized to develop a pilot project for presenting chemical hazards to the public, and may include brochures and other educational tools for residents and businesses surrounding chemical plants The $15,000 grant represents approximately 55% of the anticipated costs of the project, with the remaining 45% from a soft match, consisting of budgeted staff time for project management and in -kind services from the CAER organization The principle objective of this local risk communication project is to develop and provide communication tools that promote an open dialogue regarding the chemical hazards existing in the communities within the pilot study area of the southwestern portion of Los Angeles County This effort will be coordinated with the Local Emergency Planning Committee (LEPC), Beach Cities and South Bay Community Awareness and Emergency Response (CAER) organizations and agencies representing the pilot study area The agencies may include Los Angeles County Fire Department, Los Angeles City Fire Department, Governor's Office of Emergency Services, El Segundo Fire Department and various other emergency response agencies The subordinate objective of this project includes the development of relationships between residents and businesses within the community This relationship could be fostered through proposed public meetings, with company representatives and third party consultants providing simplified information to the public The information provided could stimulate dialog between community members and chemical plants, resulting in further communication The Fire Department was notified in late August that our application was being considered for funding On September 9, 1998, an Assistance Agreement was received that requires signature and must be returned to the EPA for funds to be disbursed The $15,000 in grant funds will cover over half of the projected cost of the project, with a remaining soft match provided by CAER and the Fire Department in the form of project management oversight, printing, consultation services and other in -kind services The grant will also assist the Department in meeting State and Federal requirements for the regulation of refineries and chemical plants pursuant to the California Accidental Release Prevention Program ATTACHED SUPPORTING DOCUMENTS: 1 Project Description (Revised 06/19/98) 2 EPA Assistance Agreement/Amendment FISCAL IMPACT- (Check one) Operating Budget: Capital Improv Budget: Amount Requested: Project/Account Budget: Project /Account Balance, Date: Account Number: Project Phase: Date TAKEN• v u0 8 4 11 DESCRIPTION OF PROJECT (REVISED 6/19/1998 WITH FORM 424A) OBJECTIVE The principle objective of this local risk communication project is to develop and provide communication tools that promote an open dialogue regarding the chemical hazards existing in the communities within the pilot study area of the southwestern portion of Los Angeles County, California This effort will be coordinated with the Local Emergency Planning Committee (LEPC), Beach Cities and South Bay Community Awareness and Emergency Response (CAER) organizations and agencies representing the pilot study area The agencies may include Los Angeles County Fire Department, Los Angeles City Fire Department, Governor's Office of Emergency Services, El Segundo Fire Department and various other emergency response agencies Because the pilot area encompasses communities with residents speaking various languages, communication will be especially difficult and may require translation of both verbal and written material Demographic information indicates Spanish and Asian languages are predominantly spoken near many of the refineries in the study area For this reason, the project is being conducted as a pilot program, focusing on the most impacted areas of Los Angeles County, including Torrance, Los Angeles, Carson, and El Segundo A subordinate objective of this project includes the development of relationships between residents and businesses that impact the community This relationship could be fostered through proposed public meetings, with company representatives and third party consultants providing understandable information to the public. The information provided could stimulate dialog between community members and cherrncal plants, resulting in further communication Based on information generated from the Environmental Defense Fund's "The Chemical Scorecard"', Los Angeles County is the largest pollution source in California at 11,733,354 pounds in 1995. In addition, the Environmental Protection Agency recently announced that the second leading source of pollution in the local area comes from an El Segundo Refinery RESULTS OR BENEFITS It's anticipated that as many as 1 million residents will benefit from the information generated, based on the combined populations of the pilot area With the development of various educational tools for disseminating Risk Management Plan (RMP) information, communities will be better able to act upon notification of chemical incidents and to understand the various health effects associated with nearby chemical processes Other portions of the community will also benefit through enhanced participation with industrial representatives, developing points of contact for further information, or by conveying personal issues related to industrial emissions or releases 00085 APPROACH A. Detailed Workplan The RMP pilot Risk Communication Workplan incorporates three (3) deliverables that will help the community understand the RMP program, learn what information is contained in an RMP, and how to access RMPs and other Emergency Planning and Community Right -to -Know information The following deliverables will be coordinated in conjunction with the LEPC and local agencies. 1 DELIVERABLE 1 - OUTREACH MATERIAL Brochures, newspaper articles /notices, and other informational tools will be designed and developed through the El Segundo Fire Department and various agencies that work in conjunction with the LEPC. Information will also be coordinated with Certified Unified Program Agencies (CUPA) through routine coordination meetings and subcommittees Information will explain the RMP program, chemical hazards in industry, and sources for further information This information will be distributed throughout the pilot study area, and quantitatively measured, based on response level It is anticipated that the world -wide web will also be incorporated as a tool for distributing this information, either through a website, or agency internet address Other media such as radio, television and print will also be explored for public outreach opportunities 2 DELIVERABLE 2 - PUBLIC OUTREACH EVENT At least one public outreach event will be held for the pilot community, focusing on fixed facilities that pose hazards to the surrounding area Representatives from refineries and chemical plants will be invited to participate on a panel discussion with technical experts, including representatives from academia, government and private consulting It's anticipated at least five (5) industry representatives will be available to speak on the panel discussion These companies include Mobil, Chevron, AlliedSignal, Union Carbide and Dow Chemical The event will be located within driving distance of any community within the pilot area Public facilities will be prioritized based on accommodations and availability If no facilities are available through agencies, non - profit organizations will be solicited for assistance in hosting the event If there are no other locations available, meeting rooms will be considered in those areas most impacted by chemical plants or refineries. In regard to format, major hazards for the pilot area will be assessed, with technical documentation gathered on specific chemicals or physical hazards Approximately 1 hour will be dedicated to an explanation of the RMP, from both an agency and business perspective Another hour will be dedicated to identify the major hazards of the area from a health -based standpoint This will include a presentation from a technical expert in the field of risk assessment, engineering, 0008G toxicology or combination of specialties The final hour will be dedicated to a panel discussion of the major chemical handlers with a question and answer period following A total of three(3) hours will be dedicated to the RMP Public Outreach event(s) 3 DELIVERABLE 3 — "HOW -TO" MANUAL The final deliverable will include a report of each activity related to the development of the pilot study The documentation will include copies of applicable brochures, tapes of press releases, articles, and other outreach material Other information, such as a list of resources, contacts and business representatives will be included to assist other agencies in developing a similar program for their community It is anticipated at least 75 copies of the report will be generated at approximately 50 pages each B. Description of Available Facilities The following facilities will be available for meetings, training and committee conferences 1 City of El Segundo Public Facilities 2 City of Torrance Public Facilities 3 Los Angeles County Public Facilities 4 City of Carson Public Facilities 5 City of Los Angeles Public Facilities 6 California State Office Buildings 7 Private Non - Profit Locations C. Non - Federal Sources of Funding 1 El Segundo Fire Department — Steve Tsumura a Approximately 300 hours @ $50.00/hour b City facilities — $200 /day 2 Torrance Fire Department — Kenneth Hall, John Kulluk a Approximately 100 total staff hours @ $50 001hour b City facilities - $200 /day 3 Miscellaneous Agency Participation a Approximately 800 total staff hours @ $50 00/hour b Use of both private and public facilities - $200 /day 4 Anticipated Company Donation of In -Kind Services a Printing (Xerox Corp ) — Approximately $6,000 00 b Printing (Hughes Space and Communication) —Approximately $1,000 00 c Facilities (Mobil Oil) —Approximately $1,000.00 D. Schedule Activity Cost Due Date 1 OUTREACH MATERIAL a Development of draft brochure (artwork) $75000 12/31/98 b Finalize brochure 02/01/99 c Print brochures $700000 03/30/99 00,987 d Distribution $25000 04/30/99 2 PUBLIC OUTREACH EVENT a Research pilot hazards $50000 02/01/99 b Solicit and procure consultant $500000 06/21/99 c Secure meeting room facilities $50000 01/15/99 3 "HOW -TO" MANUAL a Gather documentation of activities 06/30/99 b Develop draft document 07/30/99 c Develop final draft document 08/30/99 d. Print documents $100000 09/15/99 E. Responsibilities for Each Element 1 OUTREACH MATERIAL Person Steve Tsumura Supporting Agencies Torrance Fire Department, El Segundo Fire Department, Los Angeles City Fire Department, Los Angeles County Fire Department, CA Office of Emergency Services, Metropolitan Water District, various CUPAs Consultants Graphic Artist/Printer 2 PUBLIC OUTREACH EVENT Person Steve Tsumura Supporting Agencies Torrance Fire Department, El Segundo Fire Department, Los Angeles City Fire Department, Los Angeles County Fire Department, CA Office of Emergency Services, Metropolitan Water District, various CUPAs Consultants: Technical expert hired as third party (possibly Battelle) "HOW -TO" MANUAL Person Steve Tsumura Supporting Agencies Torrance Fire Department, El Segundo Fire Department, Los Angeles City Fire Department, Los Angeles County Fire Department, CA Office of Emergency Services, Metropolitan Water District, various CUPAs Consultants Printer/Publisher F. Sampling and Data Collection Data collected will represent a biased representation based on a pilot population in the southwestern portion of Los Angeles County Statistical data will be generated to determine effectiveness of risk communication program and areas lacking response Evaluations will be conducted through community surveys and will rate the effectiveness of communication This information will be gathered and reported in the "How -to" manual, assessing performance and areas of improvement No biological or chemical data will be generated as a result of this project 00088 GENERAL PROJECT INFORMATION a. Types of Data Collected In general, two forms of data will be generated as a result of this project. The data will be subjective, based on the interpretation of representative individuals from the community, and will consist of issues related to an industrialized portion of Los Angeles County The first type of data will assess the information needs of the community by soliciting individuals through random surveys and existing documentation gathered from previous reports Another type of data that will be gathered includes the effectiveness of the Risk Communication Program This will include a survey of Public Outreach Event attendees and analysis of the attitudes before and after the event. b Discussion 1 Effect on Other Work Planned, Anticipated, or Underway The proposed activities do not duplicate any existing or proposed agency activities in the Los Angeles County area The California Office of Emergency Services and Contra Costa County have also applied for a grant with EPA and will be contacted for coordination and solicitation of input during the development and implementation of the Risk Communication Pilot Study The CAER organization, a private, non - profit organization, is also providing portions of a risk communication program on behalf of each of their individual companies and will be requested to participate on panel discussions during the Public Outreach Event. Environmental Defense Fund, "The Chemical Scorecard ", dated May 12, 1998, http Hwww scorecard org 00089 DETAILED ITEMIZATION OF COSTS I. Line A — Personnel (1776 hours /yr ; overhead to be negotiated) # Staff Title Annual Salary X % = Total (1) Project Manager @ $68,376 00 /yr .08 $5,47008 (1) Clerical @ $34,188 00 /yr .1 $3,418 80 II Line C — Travel A Travel between 10/98 — 12/99 1 Travel cost round trip from LAX to Sacramento (meeting with OES) a Airfare- $120 00 b. Meals - $40.00 c Per Diem - $150 00 (hotel, rental car, parking . ) B Travel between 01/99 — 03/99 • Mileage for use of City vehicle between 6 meetings at 100 miles round tnp /meeting($ 25 /rrule) 6 meetings X 100 miles /meeting X.25 dollars /mile = $150.00 C Travel between 04/99 — 06/99 • Mileage for use of City vehicle between 6 meetings at 100 miles round trip /meeting 6 meetings X 100 miles /meeting X .25 dollars /mile = $150.00 D Travel between 07/99 — 09/99 • Mileage for use of City vehicle between 6 meetings at 100 miles round trip/meeting 6 meetings X 100 miles /meeting X .25 dollars /mile = $150.00 III Line D — Equipment A Tape Recorder - $50 00 B Blank Videos - $200.00 C Audio- Visual Rentals - $300 00 IV Line E — Supplies (less than 2% of Total) V Line F — Contractual A Graphic Artist - $750 00 B Technical Consultation - $4500 00 C Printing/publishing - $8,000 00 D Room Rental for Public Meeting - $500 00 VI Line G — Construction (Not Applicable) VII Line H — Other (Not Applicable) VIII Line J — Indirect Costs (To be negotiated) 00090 Nc C L O L d C O •V 7 L H C O V C O Z Z 0 SQ 1yiy c 0 U. Z F'- W D co a ; E_ '1 F� N = c O cr U ffV O O O 5' M M O O O ti i ., P s_ � � •k p•. co cp O O O O I I a co 0 0 0 0 0 0 o rn rn 1 I z co .. �o vi rn vi r z .r N "• N O M - ± n N rn 1 I V N 10 O O O O O O co co C O, O O O O O I I d O O O O n 6 2 a rn M n n -zr O • T n � J O N 'F N ul co co W � � YW je M ,K s �+ 1 W I7 O O O O O O N N C ddd N 01 O O O O 1 I N N 6 1 O O aT Z O M m Z M O ^�-'� O N .7 n n CM M C M M M • r W � � yU H h co C • N • I I .-a y '� — I m O O O O O O 1� c0 1� M O d M C\ O O O M 2 M O W M M M N S � C �� • u d N D + �1 [J j N w ¢ 2 O J m M c C • I{ O i - c 21 U 09 1 a d s ..r .-+. Ai t a ; E_ '1 F� N = c O cr U ffV O O O 5' KEY CONTACTS Authorized Representative: Original awards and amendments will be sent to this individual for review and acceptance, unless otherwise indicated. Name: Title: Environmental Safety Coordinator Complete Address: 314 Main Street E1 Segundo, CA 90245 Phone Number: (310) 607 -2242 Payee: Individual authorized to accept payments. Name: Sandra Wycoff Title: Executive Assistant._ Complete Address: 314 Main Street TO Cagundo. CA 90245 Phone Number: (310) 607 -2235 Administrative Contact: Individual from Sponsored Programs Office to contact concerning administrative maters (I.e., indirect cost rate computation, rebudgeting requests etc) Name: Sandra Wycoff Title: Executive Assistant Complete Address: 314 Main Street E1 Segundo, CA 90245 Phone Number. (310) 607 -2235 Principal Investigator. Individual responsible for the technical completion of the proposed work. Name: Steve Tsumura Title: Environmental Safety Coordinator Complete Address: 314 Main Street El Segundo, CA 90245 Phone Number. (310) 607 -2242 0 Ong2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF ADMINISTRATION 3 AND RESOURCES MANAGEMENT a�N _ ,S Dear EPA Grant Recipient: Enclosed is your assistance agreement or assistance amendment from the Environmental Protection Agency. Please make a copy for your records and provide the appropriate copies within your organization. You must accept this assistance agreement or amendment by signing and returning it to EPA within three weeks to the following address: U.S. Environmental Protection Agency Grants Administration Division Grants Operations Branch (3903R) 401 M. Street, S.W. Washington, D.C. 20460 Please note that the above address is EPA's mailing address for normal delivery. If you want to send the agreement/amendment via courier, the following address should be used- U.S. Environmental Protection Agency Ronald Reagan Building Grants Administration Division (3903R) Room 51288 (Mail Room) 1300 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 564 -5320 If the assistance agreement or amendment includes any terms and conditions requiring signed certifications or assurances, you must return them with the agreement or amendment. Payment will not be made until required certifications and assurances are received. If you have any questions, please contact the Grants Specialist identified on the award document. Enclosures 00093 'n OMCIAL M2 OOpy �Tdi M Ann MviLTURN Patie 1 at 6 U.S. ENVIRONMENTAL PROTECTION AGENCY 1 ASSISTANCE ID NO 2. LOG NUMBER C -oi -o EPA ASSISTANCE AGREEMENT/ AMENDMENT 0826870 3. DATE �FJAWArtar IJ�'c [ 4 MAILING DATE 1^ PART I - ASSISTANCE NOTIFICATION INFORMATION SEP 5 AGREEMENT TYPE 16 PAYMENT METHOD 2 Advance El Reimbursement ACH a` Cooparativa Agreement X Grant Agreement Send Payment Requeatto LASVEGAS, FINANCIAL MANAGEMENT CENTER 7 TYPE OF ACTION NEW PROJECT Assistance Amendment 8 RECIPIENT 9 PAYEE R CITY OF EL SEGUNDO EXECUTIVE ASSISTANT C 314 MAIN STREET CITY OF EL SEGUNDO I EL SEGUNDO, CA 90245 314 MAIN STREET P 1 EL SEGUNDO, CA 90245 EIN NO CONGRESSIONAL DISTRICT E N 956000706 3637 10 RECIPIENTTYPE T CITY, VILLAGE, TOWN, BOROUGH 11 PROJECT MANAGER AND TELEPHONE NO 1 7- 4 o TSUMURA, STEVE 12 ADMINISTERING OFFICE / LAB R CITY OF EL SEGUNDO G 314 MAIN STREET OSWER /CEPPO EL SEGUNDO, CA 90245 E 13 ISSUING OFFICE (CITY/ STATE) 14 EPA PROJECT/ STATE OFFICER AND TELEPHONE NO P WASHINGTON, DC 20460 VOLPINI, LAUREN A CHEM EMER PREPAR AND PREV OFC. C Grant Specialist for this project US ENVIRONMENTAL PROTECTION AGENCY N KIMBERLY M MARSHALL SAN FRANCISCO, CA 94105 T (202) 564 -5347 (415) 744 -2333 A 15 EPA CONGRESSIONAL LIAISON & PHONE 16 STATE APPL ID (Clearinghouse) 17 SCIENCE FIELD 18 PROJECT STEP T BARBARA BROOKS, (202) 260-5660 N/A 99 (YwrconarN�oAncramaonly) 19 STATUTORY AUTHORITY 20 REGULATORY AUTHORITY 21 STEP 2 + 3 & STEP 3 (W Wr Construction Grants only) CLEAN AIR ACT SEC 103 40 CFR PART 31 a Treatment Level b. Project Type c Treatment Process 22 PROJECT TITLE AND DESCRIPTION RISK COMMUNICATION - This project will provide risk communication tools for local cities and countries to use when describing various chemical hazards from fixed facilities under EPA Risk Management Program (RMP), Section 112(r) of CAA 23 PROJECT LOCATION Area. lm Bled by Proeel City I Place County State Congressional District EL SEGUNDO I LOS ANGELES CA 3637 24 ASSISTANCE PROGRAM (CFDA Program No & True) 66 810 25 PROJECT PERIOD 26 BUDGET PERIOD COMMUNITY RIGHT -TO -KNOW 10/01/98 - 09/30/99 10/01/98 - 09/30/99 27 COMMUNITY POPULATION 28 TOTAL BUDGET PERIOD COST 29 TOTAL PROJECT PERIOD COST MWT Conem.cllon Grams Only) N/A 1 $27,150 $27,150 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL W EPA Amount This Action $0 $15,000 $15,000 31 EPA In -Kind Amount 0 0 O 32. Uneypended Prior Year Balance 0 O 0 33. Other Federal Fund. 0 0 0 Ja Recipient Contribution 0 12,150 12,150 35 State Contribution 0 0 0 36 Local Contribution O 1 O 1 O 37 Other Contribution O 1 O 0 38. Allowable Project Cast $0 1 $27,150 $27,150 39 Site Name iDocumenil FY Approp Budget Program Object Site /Project I Cost Obligation / F Control Organization Element Class rganization DeObligatlon I Number S EAR343 9899 B 75EC PUX 1 83 15,000 C A 110094 L EPA Form 570620A (Rev 682) Replecee prmn.u. admen. and EPA Forme 5750-1A.13 C, and D, all of which are obsolete PART 11 - APPROVED BUDGET ASSISTANCE IDENTIFICATION C X 826870 -01 -0 Pan. � of A TABLE A - OBJECT CLASS CATEGORY (Non< &Uucflm) TOTAL APPROVED ALLOWABLE BUDGET PERIOD COST 1 PERSONNEL $8,889 2 FRINGE BENEFITS 3,111 3 TRAVEL 760 4 EQUIPMENT 550 5 SUPPLIES 90 6. CONTRACTUAL 13,750 7 CONSTRUCTION 0 8 OTHER 0 9 TOTAL DIRECT CHARGES $27150 10 INDIRECT COSTS RATE % BASE 0 11 TOTAL (Share Recipient 4400 % Federal 56 00 %) $27,150 12 TOTAL APPROVED ASSISTANCE AMOUNT $15,000 TABLE B - PROGRAM ELEMENT CLASSIFICATION (Noneonatruotwn) 1 2 3 4 5 6 7 8 9 10 11 12 TOTAL (Share Recipient _% Federal %) 13 TOTAL APPROVED ASSISTANCE AMOUNT TABLE C - PROGRAM ELEMENT CLASSIFICATION (Conetrudion) 1 ADMINISTRATION EXPENSE 2 PRELIMINARY EXPENSE 3 LAND STRUCTURES, RIGHT -OF -WAY 4 ARCHITECTURAL ENGINEERING BASIC FEES 5 OTHER ARCHITECTURAL ENGINEERING FEES 6 PROJECT INSPECTION FEES 7 LAND DEVELOPMENT 8 RELOCATION EXPENSE 9 RELOCATION PAYMENTS TO INDIVIDUALS AND BUSINESS 10 DEMOLITION AND REMOVAL 11 CONSTRUCTION AND PROJECT IMPROVEMENT 12 EQUIPMENT 13 MISCELLANEOUS 14 TOTAL (unee 1 thru 13) 15 ESTIMATED INCOME (deppliesbie) 16 NET PROJECT AMOUNT (Line 14 minus 15) 17, LESS INELIGIBLE EXCLUSIONS 18 ADD CONTINGENCIES 19 TOTAL (Share Recipient _% Federal %) 20 TOTAL APPROVED ASSISTANCE AMOUNT 00095 EPA Form 5700-20A (Rev 5-82) rAmI M— P,WHRU GUNU1 t IVNz uAwzbwu -OlW Page 3016 TERMS AND CONDITIONS In accordance with Section 2(d) of the Prompt Payment Act (P L 97 -177), Federal funds may not be used by the recipient for the payment of interest penalties to contractors when bills are paid late nor may interest penalties be used to satisfy cost sharing requirements Obligations to pay such interest penalties will not be obligations of the United States 2 In order to comply with the Debt Collection Improvement Act of 1996, the recipient will complete and return the attached "Payment Information Form ACH Vendor Payment System," (TFS Form 3881) to the following address U S Environmental Protection Agency Las Vegas Financial Management Center P O Box 98515 Las Vegas, Nevada 89193 -8515 3 As required by EPA regulations, the recipient agrees to submit a Financial Status Report (FSR) (Standard Form 269) within 90 days after the end of this budget period to the following address U S Environmental Protection Agency Las Vegas Financial Management Center P.O Box 98515 Las Vegas, Nevada 89193 -8515 When the recipient submits their final FSR, they will in one of the following ways make an adjustment for the amount of Federal funds, if any, received in excess of the EPA share of the reported total budget period costs (a) If the recipient is paid through EPA -ACH, they shall, in accordance with the enclosed payment guidance dated May 1995, refund excess assistance funds by either submitting a credit on a current EPA -ACH Payment Request or by sending a check to the lockbox address- U S Environmental Protection Agency, Las Vegas Financial Management Center, P O Box 371293M, Pittsburgh, Pennsylvania 15251 (b) If the recipient is paid by treasury check, they shall, in accordance with the enclosed payment guidance dated May 1995, refund excess assistance funds by submitting a check to the lockbox address in (a) above If funds are due to the recipient at the time of submission of the final FSR, the recipient shall follow the procedures as outlined on the enclosed payment guidance to request the appropriate amount of funds from EPA 4 Printing of all reports and materials is subject to the requirements of the Government Printing and Binding Regulations as they apply to printing and duplication (copy enclosed) For additional information about printing, contact Randy Bacon, Facilities 00096 YAK I III -- AWAMU UUNUI I IUNV A3aWIANUGWGVIINUAIIUN l:A0ZbdfV -U1-U Page 4Of6 Management and Services Division (3204), U.S Environmental Protection Agency, Washington, D C. 20460, Phone (202) 260 -2128 5 Rights to inventions made under this assistance agreement are subject to the provisions of Title 37 Code of Federal Regulations (CFR), Part 401, 'Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements', as revised through the date of this assistance agreement 6. The recipient understands that none of the funds for this project (including funds contributed by the recipient as cost sharing) may be used to pay for the travel of Federal employees or for other costs associated with Federal participation in this project 7. Pursuant to EPA Order 1000 25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to the Agency. This requirement does not apply to Standard Forms These forms are printed on recycled paper as available through the General Services Administration If a contract is awarded under this assistance agreement, the recipient agrees and is required to utilize the following affirmative steps to the maximum extent practicable a) Placing Small Businesses in Rural Areas (SBRAs) on solicitation lists, b) Making sure that SBRAs are solicited whenever they are potential sources, c) Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs, d) Establishing delivery schedules, where the requirements of work will permit, which would encourage participation by SBRAs, e) Using the service of the Small Business Administration and the Minority Business Development Agency of the U S Department of Commerce, as appropriate, and f) Requiring the contractor to take the affirmative steps in subparagraphs a through e of this part if subcontracts are awarded 9 The recipient agrees to ensure that all requisitions for conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the Hotel and Motel Fire Safety Act of 1990 10 The recipient agrees to submit quarterly progress reports to the EPA Project Officer within thirty days after each reporting period These reports shall cover work status, work progress, difficulties encountered, preliminary data results and a statement of activity anticipated during the subsequent reporting period, including a description of equipment, techniques, and materials to be used or evaluated A discussion of expenditures along with a comparison of the percentage of the project completed to the 001,197 YAM1 III— AWAHU UUNIJI I IVN* AOWI IANUMium IIrIUAiivN GAazaafOuiY rage OOTa project schedule and an explanation of significant discrepancies shall be included in the report The report shall also include any changes of key personnel concerned with the project 11. Within 30 days of awarding the cooperative agreement, the recipient shall provide a detailed work plan for review by the EPA Project Officer 12 The recipient and the Project Officer will work together to ensure the timely review of materials developed under this cooperative agreement The recipient and the Project Officer will include EPA staff in reviewing project materials whenever appropriate 13 The recipient will include a final technical report with a brief (no more than one page) summary of work conducted under the cooperative agreement and any products developed EPA can use the summary description as part of a compendium of grants products to be shared with other state and local government agencies and the public 14 All products developed under this cooperative agreement must indicate that the document, etc, was produced with the assistance of cooperative agreement funding from the US EPA 15 The recipient agrees to comply with the MBE/WBE Terms and Conditions outlined in Attachment A 16 The recipient agrees to submit to the EPA Project Officer within 90 days after the expiration or termination of the approved project period a final report and at least one reproducible copy suitable for printing The final report shall document project activities over the entire project period and shall describe the recipient's achievements with respect to stated project purposes and objectives 00098 ASSISTANCE IDENTIFICATION. C X 826870.01 -0 Page 6 of 6 SPECIAL CONDITIONS (co,dimmd) PART IV NOTE The Agreement must be completed In duplicate and the Original returned to the Grants Administration Division for Headquarters awards and to the appropriate Grants Administration Office for State and local awards within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency Any change to the Agreement by the recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States of America, acting by and through the U S Environmental Protection Agency (EPA), hereby offers assistance /amendment to the CITY OF EL SEGUNDO for 56 00 .% of all approved costs Incurred up to and not exceeding $ 15,000 for the support of approved budget period effort described ASSISTANCE AMOUNT In application (Including all application modifications) cited In Item 22 of this Agreement Signed 05/15/98 Included herein by reference DATE AND TITLE ISSUING OFFICE Qmnte Adm1r1Mrrtion0Mi AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS GRANTS ADMINISTRATION DIVISION OFC OF SOLID WASTE & EMER RESP US ENVIRONMENTAL PROTECTION AGENCY US ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 WASHINGTON, DC 20460 THE UNITED STATES OF AMERICA BY THE US ENVIRONMENTAL PROTECTION AGENCY S NAT R OF RD FFIC TYPED NAME AND TITLE W SCOTT MCMORAN DAT ' ^ J `CHIEF, GRANTS OPERATIONS BRANCH 3903R rf This ag ment Is subject to applicable U S Environmental Protection Agency statutory provisions and assistance regulations In accept g this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he Is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award Is subject to the applicable provisions of 40 CFR Chapter I, Subchapter B and of the provisions of this agreement (Parts 1 thru IV), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION _ SIGNATURE TYPED NAME AND TITLE DATE 00099 EPA Form 570 20A (Rev "2) Attachment A MBE/WBE 1ERINI AND CONDITION For Recip;ents who receive awards after Mav 31, 1998 with State negotiated "fair share og als" In accordance with EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance programs, the recipient agrees to a) Accept the applicable FY 1998 "fair share" goals negotiated with EPA by the State as follows If the recipient does not want to rely on the applicable State's MBE /WBE goals, the recipient agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned businesses to do work in the relevant market for construction, services, supplies and equipment "Fair share" objectives must be submitted to the MBE/WBE Coordinator, Lupe Saldana, US Environmental Protection Agency, 401 M Street, SW, Mail Code 3903R, Room 51288, Washington, DC 20460, (202) 564 -5353, within 30 days of award and approved by EPA no later than 30 days thereafter b) Ensure to the fullest extent possible that at least the applicable "fair share" objective [see a) above] of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities c) Include in its bid documents applicable "fair share" objectives [see a) above] and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages d) Follow the six affirmative steps stated in 40 CFR 30 44(b), 40 CFR 31 36(e), 35 3145(d), or 35 6580, as appropriate e) For assistance awards for continuing environmental programs and assistance awards with 00100 MBE WBE Construction % % Supplies Jam_ % % Services % % Equipment � % % OR Combined Rate % % If the recipient does not want to rely on the applicable State's MBE /WBE goals, the recipient agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned businesses to do work in the relevant market for construction, services, supplies and equipment "Fair share" objectives must be submitted to the MBE/WBE Coordinator, Lupe Saldana, US Environmental Protection Agency, 401 M Street, SW, Mail Code 3903R, Room 51288, Washington, DC 20460, (202) 564 -5353, within 30 days of award and approved by EPA no later than 30 days thereafter b) Ensure to the fullest extent possible that at least the applicable "fair share" objective [see a) above] of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities c) Include in its bid documents applicable "fair share" objectives [see a) above] and require all of its prime contractors to include in their bid documents for subcontracts the negotiated fair share percentages d) Follow the six affirmative steps stated in 40 CFR 30 44(b), 40 CFR 31 36(e), 35 3145(d), or 35 6580, as appropriate e) For assistance awards for continuing environmental programs and assistance awards with 00100 institutions of higher education, hospitals and other non - profit organizations, submit an EPA Form 5700 -52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" to the EPA Award Official by October 30 of each year Other program reports must be submitted to the award official within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30) f) In the event race and/or gender neutral efforts prove to be inadequate to achieve a fair share objective for MBE /WBEs, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the fair share objective g) Until the recipient has completed its fair share negotiations with EPA, it agrees to apply the main state Agency's fair share objectives Once the recipient has completed its fair share negotiations with EPA, it will apply those objectives. The recipient also agrees to include in its bid documents the applicable FY 1998 "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the applicable FY 1998 "fair share" percentages and to comply with paragraphs (c) through (e) above. G \OGD\SHAREIGAD\NSE- WBE1h®EiCNEG 717 00 101 This document has been reviewed and approved by the City Attorney. Mark Henslcy, City Attorney 00102