1999 APR 06 CC PACKET - 2APPENDIX D - TRAFFIC TECHNICAL MEMORANDUM
MULTIMEDIA OVERLAY ZONE (MMO)
ENVIRONMENTAL AsSESSMENT— 445 (EA — 445)
200
Meyer, Mohaddes Associates, Inc.
Traffic Engineering • Transportation Planning
DRAFT TECHNICAL MEMORANDUM
TO Fred Talarico
fax (949) 494 -3150
FROM Gary Hamrick a
RE Multimedia Overlay Zone Traffic Analysts
DATE January 25, 1999
INTRODUCTION
J99 -001
The purpose of this memorandum is to present MMA's traffic impact analysts of the proposed City of El
Segundo Multi -Media Overlay (MMO) Zone Overlay Zone traffic impacts have been reviewed in relation
to the City of El Segundo Traffic Mitigation Fee Program Study The estimated trip generation of the
MMO Zone has been compared to the Impact Fee Project trip generation estimates within the area of the
City that would be covered by the overlay area The primary questions include
Would the Overlay Zone result in more or fewer trips than the level and type of land use
development that was assumed in the Impact Fee Program Study9
Would the Overlay Zone result in more or fewer transportation system impacts') If more impacts
would result, what would be the cost of mitigating the unpacts9 If there would be fewer impacts,
what impact fee would be adequate to handle the relative contributions of the MMO developments?
To answer these questions, Meyer, Mohaddes Associates has estimated the trip generation potential of 1 5
million square feet of multi -media uses and compared it to the level of trip generation assumed in the Impact
Fee Program study
Multi -Media Zone Trip Generation Rates
One of the key technical issues addressed with respect to the MMO Zone Project traffic analysis is the
appropriate trip generation rates to be used to estimate MMA traffic generation Meyer, Mohaddes
Associates has extensive experience in the development of specialized trip generation rates for studio and
multi -media oriented projects throughout the Southern California area For analysts purposes, we have
obtained information from the following sources
City of Los Angeles - The city forwarded information relating to trip rates used in the Fox
Studios and Playa Vista Studies
Warner Hollywood Studios EIR - Meyer, Mohaddes Associates completed the EIR traffic study
for that project and developed customized trip rates, which were reviewed for this application
P -01
3010 Old Ranch Parkway, Suite 350 Seat Beach, CA 90740 • Phone (562) 799 -0200 • Fax (562) 799 -0011
Meyer, Mohaddes Associates, Inc.
Fred Talarico
January 25, 1999
Page 2
Other - Other recently completed studies were reviewed by MMA for purposes of developing
the trip rates assumed for the Santa Monica Studios project
ITE Sixth Edition - Comparisons have been made to ITE standard office rates
Table 1 illustrates the various trip rates that were considered in the development of the trip rates for the
studio office and stage land uses The average trip rate of 135 trips per KSF is considered reasonable for
this analysis Based from MMA's experiences in developing specialized trip rates, including field review
and meetings with project applicants, it was determined that studio offices are less densely populated with
employees than regular office, and many employees have alternate working hours Therefore, the studio
office rate would be expected to be lower than ITE standard office High -tech studio /multi -media type
projects also further differ from other studios in that there are limited audience participation events and much
of the work is computer based rather than requiring many actors and other staff Should there be a proposal
for specific projects with large audience participation components within the MMO zone, the trip rates may
need to be reviewed and adjusted accordingly
The summary of the MMA - developed average trip generation rates for production office and studios is
shown in Table 1 These average trip rates were used in the MMO Zone traffic analysis
Comparison of MMA Trip Generation with Fee Study Project Trip Generation (within MMO Zone)
For analysis and comparison purposes, the net trip generation of the Fee Study Projects within the MMO
zone are summarized and compared to MMO Zone trips Table 2 shows the aggregate trip generation rates
and zoning categories used in the Impact Fee Study The most predominate zone types, and the zones most
likely to be replaced by the MMO Overlay Zone, are MU (Urban Mixed Use) and CO (Corporate Office)
The MMO Zone is a large area of the City east of Sepulveda Boulevard Since no specific parcels have
identified as MMO Project sites, we have calculated the trip generation potential of the MMO Project versus
a similar square footage of Fee Study Projects (MU and CO) that would be replaced if the MMO Zone is
approved for development
For analysis purposes, it has been assumed that the MMO Zone uses would replace MU Zone (80 %) and
CO Zone (20 %) Based the respective aggregate trip generation rates of the MU and CO Zones, the
following table compares the AM and PM peak trip generation of the replaced Fee Study Projects versus the
MMO Zone Projects
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Meyer, Mohaddes Associates, Inc.
Fred Talanco
January 25, 1999
Page 5
TABLE 3
TRIP GENERATION COMPARISON MULTI MEDIA OVERLAY ZONE
VERSUS MU AND CO ZONES (1.5 million square feet)
SUMMARY OF FINDINGS
• The overall trip generation within the MMO Zone area without the 1,500,000 SF Multi -Media
Pi olect Overlay is 5,405 AM and 8,360 PM trips respectively
• The overall trip generation within the MMO Zone area with the 1, 500,000 SFMulti -Media Project
Overlay is 4,148 AM and 5,108 PM trips respectively
• The overall difference in trip generation within the MMO Zone with the 1,500,000 SFMuIh -Media
Project Overlay is -1,257 AM and -3,252 PM trips respectively This results in 23 percent fewer
AM trips and 39 percent fewer PM trips overall Therefore no further traffic analysis is required
at this time since the MMO Zone would clearly result in lesser traffic impacts
• The trip fees would be approximately 28 percent lower than general office, or approximately $2,000
per unit (KSF), as compared to $2,764 for general office The actual final fee will require more
detailed analysis
Please call me with any questions as you review the results of this draft analysis
aos
Proposed
MMO Zone Project
1,500,00 SF
Replaced Impact Fee Projects
Difference
MU Zone
(80 %)
1,200,000 SF
CU Zone
(20 %)
300,000 SF
TOTAL
1,500,000 SF
AM Trips
2145
2748
654
3402
-1257
PM Trips
2025
4428
849
5277
-3252
SUMMARY OF FINDINGS
• The overall trip generation within the MMO Zone area without the 1,500,000 SF Multi -Media
Pi olect Overlay is 5,405 AM and 8,360 PM trips respectively
• The overall trip generation within the MMO Zone area with the 1, 500,000 SFMulti -Media Project
Overlay is 4,148 AM and 5,108 PM trips respectively
• The overall difference in trip generation within the MMO Zone with the 1,500,000 SFMuIh -Media
Project Overlay is -1,257 AM and -3,252 PM trips respectively This results in 23 percent fewer
AM trips and 39 percent fewer PM trips overall Therefore no further traffic analysis is required
at this time since the MMO Zone would clearly result in lesser traffic impacts
• The trip fees would be approximately 28 percent lower than general office, or approximately $2,000
per unit (KSF), as compared to $2,764 for general office The actual final fee will require more
detailed analysis
Please call me with any questions as you review the results of this draft analysis
aos
MINUTES OF THE REGULAR MEETING
OF THE PLANNING COMMISSION
OF THE CITY OF EL SEGUNDO, CALIFORNIA
March 11, 1999
Chairman Crowley called the regular meeting of the El Segundo Planning
Commission to order at 6 01 p m in the Council Chamber of the City of El
Segundo City Hall, 350 Main Street, El Segundo, California
Vice -Chair Wycoff led the Pledge of Allegiance to the Flag
PRESENT KRETZMER, WYCOFF, CROWLEY, PALMER AND
BOULGARIDES.
Chairman Crowley presented the Consent Calendar
Vice -Chair Wycoff pulled Items B, D, E and F
Chairman Crowley pulled Item C
DRgF
T
CALL TO ORDER
PLEDGE TO FLAG
ROLL CALL
CONSENT
CALENDAR
Vice -Chair Wycoff moved to accept Item A on the Consent Calendar MOTION
Commissioner Kretzmer seconded Passed 3 -0 -2 with Commissioners Palmer
and Boulgandes abstaining Vice -Chair Wycoff moved to accept Item G on the
Consent Calendar Commissioner Kretzmer seconded Passed 4 -0 -1 with
Commissioner Palmer abstaining
Chairman Crowley presented Item B, Administrative Determination AD 98 -30 — AD -98 -30
Vehicular Parking in the Front Yard for lots with alley access Address. 1111
East Acacia Avenue Applicant and Property Owner Mr Phillip Goessier
Vice -Chair Wycoff requested a brief history on Item B
Contract Planner Emmanuel Ursu stated the applicant is requesting a parking
pad in the front yard in addition to the parking available in the rear yard. The
Item has been requested to be continued until April 8, 1999 at the request of
the applicant
Vice -Chair Wycoff moved to continued Item B on the Consent Calendar MOTION
Commissioner Palmer seconded Passed 5 -0
Chairman Crowley Presented Item C, Administrative Determination AD 98 -33 — AD 98 -33
Required Interior Side Yard Setback where a side property line logs Address
813 Loma Vista Street Applicant John F Allen
Chairman Crowley stated a diagram should be provided along with clearer
language for clarification purposes
Commissioner Kretzmer expressed concern that the applicant notify the
neighbors regarding this Item
John F. Allen, Applicant
03-11 min PC I o-0 G
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He stated he has not yet notified the neighbors but stated he will do so at the
request of the Commission He stated the house is fully permitted and the
original permit to build the house was issued in 1987
Vice -Chair Wycoff believes it is not necessary to notify the neighbors in this
case
Chairman Crowley moved to affirm Staff's determination to allow the side yard MOTION
setbacks of a proposed two story addition to match the existing south side yard
setback of a residence, along with the incorporation of wording clarification
Commissioner Boulgandes seconded Passed 5 -0
Chairman Crowley presented Item D, Administrative Determination AD 99 -5, AD 99 -5
Repair and Maintenance of Non - Conforming Structures
Vice -Chair Wycoff requested clarification on the 6' wall Assistant Planner Paul
Garry stated that the property owner has a 6' tall retaining wall on the south
side of the property with his property being higher than the neighbors to the
south On top of the 6' retaining wall is a 6' wooden cedar fence The wooden
portion is in need of repair New wooden posts would have to be put into the
fence The wall and the fence would be considered as the whole structure
Vice -Chair Wycoff asked for an explanation of the fifty percent and 5 year
recommendation Mr Garry stated it is based on the Zoning Code in Rancho
Palos Verdes and Manhattan Beach
Chairman Crowley stated this Item will push structures in the town toward
conformance
Vice -Chair Wycoff expressed that 5 years for a maintenance period is very
long, but the fifty percent of the replacement value of the structure would be
OK
Jerry Saunders, Continental Development Corporation
He asked for clarification of structures He stated the determination that is
being made is far reaching, and he is concerned that buildings would not be
able to live out their useful lives
Commissioner Boulgandes commented that when it is time for fifty percent of a
building to be replaced, it has probably reached the end of its useful life
anyway
Commissioner Kretzmer would be in favor of continuing this Item.
Assistant City Attorney Chris Cheleden suggested getting direction from the
City Council and bringing the Item back as an actual Zone Text Amendment
Commissioner Palmer moved to adopt AD 99 -5 as an interpretation for tonight MOTION
and suggested that the City Council consider a Zone Text Amendment. Vice-
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03 -11 min PC
Chair Wycoff seconded Passed 5 -0
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Chairman Crowley presented Item E, Administrative Determination AD 99 -7, AD 99 -7
Review of Hilton Gardens Inn Budding Materials for Conformance with Grand
Avenue Corporate Center Design Guidelines Address 2100 E Manposa
Avenue Applicant Hilton Garden Inns
Vice -Chair Wycoff asked for clarification of this Item
Assistant Planner Paul Garry presented the staff report as outlined in the
Agenda Packet
The Commission took at break at 7 12 p m to review the building materials
sample boards for Hilton, Kings /Lakers, and Infonet
The Commission reconvened at 7 21 p m
George Milinopoulis, Hilton Architect
He stated the architect for the project and representatives from Hilton are
present for questions
Tom Hogan, RHO Architects
He stated his firm was selected by Hilton to design a focused service hotel,
taking every aspect of the Hilton Hotel and scaling it down The Hilton Garden
Inn is for the business traveler with many prominent locations around the
United States Sites range from airport type locations to office buildings,
business parks, suburban locations and high density areas The design of the
budding has been rendered as a very residential look but with a crisp
contemporary feel The roof is a prominent feature There is also a one -story
structure called the Pavilion for registration and small public functions There
will be a total of 162 rooms The design has been well received across the
country They feel their design is consistent with the intent and spirit of the
design guidelines
Chairman Crowley likes the look of the building and it fits in the Zone very well.
He does not have a problem with the shape of the roof or the materials for the
siding He asked about the green roofing material and is concerned about the
south facing roof which will have more wear and tear due to heat exposure
He does not like the roofing shingles
Mr Hogan stated the roof material is the GAF Timberline Series and is a three
tab shingle It has a 30 year guarantee They would like to get at least a 20
year life out of the roof
Commissioner Kretzmer asked if the architectural design guidelines and the
materials presented are consistent with Class A suburban office park type
buildings? Director Bernard stated with the exception of asphalt shingles, yes
Vice -Chair Wycoff stated the materials look appealing and the colors match
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03 -11 nun PC 3
The dark green asphalt shingles, however, seem out of place and character
Commissioner Kretzmer agreed
Commissioners Palmer and Boulgandes both like the green color which fits in
the area Commissioner Boulgandes prefers asphalt roofs over tile roofs, for
safety reasons.
Vice -Chair Wycoff likes the lines of the roof and the one -story entrance with the
gables He asked about the garden section Mr Hogan explained that it will
be the area between the Pavilion and two sides of the L- shaped building
Vice -Chair Wycoff asked what percentage of Hilton's future hotels will have this
kind of a roof? Mr Hogan stated there are approximately 129 hotels in
planning with 80% having asphalt shingles
Phil Kiper, Hilton Hotels
He stated approximately 85% to 90% hotels will have asphalt shingles Most
of those without asphalt shingles will be very tall buildings in downtown
settings
Commissioner Boulgandes moved that the Commission determine that the MOTION
proposed building materials for the Hilton Gardens Inn to be located at 2100 E
Grand Avenue are consistent with the approved design guidelines for the
Grand Avenue Corporate Center project Commissioner Kretzmer seconded
Passed 4 -1 with Vice -Chair Wycoff opposing
Chairman Crowley presented Item F, Administrative Determination AD 99 -10, AD 99 -10
Wholesale Automobile Sales in the Smoky Hollow Specific Plan Area
Address 109 Sheldon Street Applicant Majestic Pontiac, Inc , DBA Majestic
Motors Address, 137 Oregon Street Applicant Mass Auto
Assistant Planner Paul Garry presented the Staff report as outlined in the
Agenda Packet
Vice -Chair Wycoff asked if there is a way to stipulate the type of transport
vehicles to and from the facility? Director Bernard stated this would be difficult
to enforce by the City
Commissioner Kretzmer asked what would be the maximum capacity of cars
stored on a site at any one time? Director Bernard stated it would depend on
the size of the structure The two being proposed are small in nature with
regard to on -site locations A minimum could be three vehicles on -site which
would be the State required minimum This could be used as a maximum as
well, limiting the operations, deliveries and exiting of the vehicles.
Cheryl Vargo, Representing Majestic Motors
The Motors Vehicles Department requires a specific business location in order
to maintain a retail license and requires a display area for a minimum of three
vehicles The maximum could be three as well since the retail aspect of the
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03 -11 min PC 4
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business is a minimal portion
The Commission agreed that a maximum storage area for six vehicles would
be acceptable
Commissioner Kretzmer moved that the Planning Commission recommends MOTION
that wholesale automobile sales be considered a permitted use, and the retail
sales as an accessory also be permitted provided that all vehicles kept on -site
are stored within a fully enclosed building, and that no more than a maximum
of six vehicles are on -site at any one time Seconded by Commissioner
Boulgandes Passed 5 -0
PUBLIC
None COMMUNICATIONS
None WRITTEN
COMMUNICATIONS
Chairman Crowley presented Item A, Environmental Assessment EA -427, EA -427
General Plan Amendment 97 -04 and Zone Change 97 -03 — Aviation Specific CONTINUED
Plan Address Northwest corner of Aviation Boulevard and Rosecrans BUSINESS
Avenue Applicant Everest Storage Property Owner Southern California
Edison
Chairman Crowley opened the public hearing
Chairman Crowley closed the public hearing
Commissioner Palmer moved to continue this Item to the May 6, 1999 Meeting MOTION
Commissioner Boulgandes seconded Passed 5 -0
Chairman Crowley presented Item A, Environmental Assessment — 445 (EA- EA -445
445), General Plan Amendment 99 -1 (GPA 99 -1), and Zone Text Amendment NEW BUSINESS
99 -1 (Multi -Media Overlay Zone) Applicant City of El Segundo Address
City Wide (East of Sepulveda Boulevard)
Contract Planner Fred Talanco presented the Staff report as outlined in the
Agenda Packet
Director Bernard presented a brief report related to the staff report
Chairman Crowley asked what will be the nature of the uses in open spaces
and parking lots? Mr. Talanco stated there would be no prohibition of the uses
permitted in the Overlay District in any of the Zones A building could be put
on an area that is zoned for parking
Chairman Crowley stated if the underlining zoning has to be changed in order
to accommodate the building, what does setting an FAR in the zones
accomplish? Mr Talanco stated if a post - production or studio came in which
are permitted uses under the Overlay, there would be a floor area limit If it is
not a use that is specifically stated, then going through the zone change
procedures would be required This is to give the City an opportunity within the
03-11 min PC 5 210
O,pq
area to attract a major facility that it might lose to another jurisdiction.
Commissioner Boulgandes asked why this is limited only to East of Sepulveda
Boulevard? Mr Talanco stated staying East of Sepulveda Boulevard would
not be controversial and could be put in place If it worked, then there could be
expansion If it did not work, then there could be a contract, but at least the
opportunity would be available for it to be adopted.
Chairman Crowley opened the public hearing
Chairman Crowley reviewed some wording changes in the Resolution On
page 2, 20 08 148A, an adjective could be inserted before the wording
"Archive facilities " Also on page 3, 20 08 637, the wording "equipment" could
be added in the definition
On page 4, 20 08 867
Chairman Crowley stated after the wording "research related," some more
wording could be added for clarification
Commissioner Boulgarides would like the wording 'live theatre" stipulated in
this section
Vice -Chair Wycoff stated wording such as "closely coupled with the multi-
media operation" rather than a free standing nightclub could be added
Director Bernard also suggested wording should be added after `or other
related activities" such as "that in the opinion the Director finds are similar"
Commissioner Kretzmer suggested adding after the word "research" on the
second line to state "for research, development, and /or the presentation of
films "
On page 5, 20 47 020
Chairman Crowley stated on Item D, the word "Action" should be changed
back to "Motion" or "Moving " Mr Talanco suggested taking out the word
"Action" entirely
Commissioner Kretzmer suggested on Item C to state "Craft shops, (sales,
lease, and rentals)" to be consistent with page 2
Chairman Crowley stated on Item A, an adjective should be added before
"Archive facilities" to be consistent with page 2
Chairman Crowley stated the wording throughout the Resolution needs to be
consistent before being passed onto City Council
Jerry Saunders, Continental Development Corporation
He asked for clarification on "Movie and Entertainment Facilities" Would this
03-11 min PC 6 211
allow additional movie theatres, or would it be for only movie auditoriums that Z)Rq �,'
are tied directly to multimedia operations?
Mr Talanco stated the intent of Staff is if a major expansion is requested as
related to the Multimedia Zone, then it would be allowed provided all the other
Codes in the City were met Also, if a major competitive facility were proposed,
then it would also be allowed
Director Bernard stated Section 20 08 613 will be revised adding "Coupled with
or directly related to "
Vice -Chair Wycoff suggested on page 3, 20.08 327 replacing the word
"artwork" with "product"
Chairman Crowley closed the public hearing
Commissioner Kretzmer suggested incorporating the term "Multimedia" into
many of the definitions which may accomplish many of the wording changes
and limit some of the issues discussed Director Bernard suggested
incorporating this language into 20 47 010, the Purpose Section.
Vice -Chair Wycoff moved to approve and forward to City Council EA -445, MOTION
General Plan Amendment 99 -1 and Zone Text Amendment 99 -1 for the Multi -
Media Overlay District as amended during the Commission's discussion
Commissioner Kretzmer seconded Passed 5 -0
Director Bernard reminded the Commission there will be a lack of a quorum at REPORT FROM
the next meeting of March 25, 1999 Staff has suggested to adjourn that DIRECTOR
meeting to April 1, 1999
Commissioner Boulgandes stated staff has done a great job on tonight's COMMENTS
meeting He also received a letter from Ms Garnholtz and appreciates her FROM THE
participation and concerns COMMISSION
Commissioner Palmer agreed She expressed her concerns regarding traffic
issues in town
Commissioner Kretzmer also thanked staff for their quality work
Vice -Chair Wycoff thanked staff for the page numbering on the packet He
thanked the Fire Department and Public Works Department for their
promptness and efforts of cleaning up a pollution incident in the area
Chairman Crowley thanked Staff for their efforts He is happy to see sidewalks
being installed on Grand Avenue next to Sepulveda Boulevard
There being no further discussion, Commissioner Boulgandes moved to ADJOURNMENT
adjourn the meeting at 9.16 p m to the adjourned meeting of April 1, 1999 at
6 00 p m Commissioner Palmer seconded Passed 5 -0
212
03 -11 min PC
PASSED AND APPROVED ON THIS 1st DAY OF APRIL 1999
Bret B Bernard, AICP
Director of Planning and
Building Safety, and Secretary
Of the Planning Commission
City of El Segundo, California
03 -11 min PC
Brian Crowley, Chairman
of the Planning Commission
City of El Segundo, California
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RESOLUTION NO. 2439
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL
SEGUNDO, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ENVIRONMENTAL ASSESSMENT NO. EA-445 AND ZONE
TEXT AMENDMENT ZTA 99 -1, 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 March 11, 1999, 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, opportunity was given to all persons to present testimony or documentary evidence for or against
EA -445 and ZTA 99 -1, the revisions to the Zoning Code, and,
WHEREAS, at said hearings the following facts were established
The purpose of the revisions to the Zoning Code are to refine and make appropnate 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
State law requires that zoning be made consistent with the General Plan
NOW, THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed
Environmental Assessment EA -445 and ZTA 99 -1 the Planning Commission finds as follows
GENERALPLAN
The proposed Zoning Code Amendments are consistent with the 1992 General Plan, as amended
ZONING CODE
The proposed Zoning Code Amendments are consistent with the existing Zoning Code
21$1
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 Mitigated Negative Declaration of Environmental Impact will be prepared pursuant to the
California Environmental Quality Act (CEQA),
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 Planning Commission thereby recommends that the City Council authorize and direct the Director of
Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de
minimis finding pursuant to AB 3158 and the California Code of Regulations Within ten (10) days of the
approval of the Mitigated Negative Declaration of Environmental Impacts, the City shall transnut $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 RESOLVED THAT the Planning Commission hereby recommends
approval of EA -445 and ZTA 99 -1, and that the City Council adopt changes to the El Segundo Municipal Code as
follows
SECTION 1. Section 20 08 247 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 247 COMMISSARY
"Commissary" means a buddmg, pan of a building, or structure, which is utilized primarily in the
preparation of food and purveying it to off -site locations Commissanes within the Multimedia Overlay
(MMO) District shall demonstrate to the satisfaction of the Director of Planning and Building Safety that
each commissary provides primary service to the multimedia industry
SECTION 2. Section 20 08 283 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 283 CRAFTS SHOPS
"Crafts shops (sales, lease, and rentals)" mean an out -door or in -door area, budding, part of a building,
structure, or a defined area which is utilized primarily for the manufacture, production, sales, lease, storage,
and/or rental of materials utilized in media related production or in their construction, or other activities
that in the opinion of the Director of Planning and Building Safety are similar
SECTION 3. Section 20 08 327 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 327 DIGITAL ARTIST
"Digital artist" means an individual or group whose primary focus is related to the preparation of
computer generated product
215
SECTION 4. Section 20 08 613 of Chapter 20 08, Title 20, of the El Segundo Municipal Code is amended to
read as follows
20 08 613 MOVIE AND ENTERTAINMENT FACILITIES
"Movie and entertainment facilities" means an out -door or in -door area, building, part of a building,
structure, or defined area, which is utilized primarily for the public presentation of film, television, music
video, multi- media, or other related activities that in the opinion of the Director of Planning and Building
Safety are smular when developed in combination with multimedia production facilities
Facilities may include as an accessory use retail sales, recreational activities, ancillary offices, and other
uses customary and necessary to a movie and/or entertainment facility
SECTION 5. Section 20 08 614 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
2009614 MULTIMEDIA
"Multimedia" means a combination of film, television, music, music video, World Wide Web, or
other related activities that in the opinion of the Director of Planning and Building Safety are
similar
SECTION 6 20 08 614 05 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code to
read as follows
20 08 614 05 MULTIMEDIA ARCHIVE FACILITIES
"Multimedia Archive facilities" means a building, part of a building, or structure, which is utilized
pnmanly for the storage of media related documents, equipment, records, and/or historical artifacts related
to the entertainment industry
SECTION 7. Section 20 08 623 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 623 OFFICES, MULTIMEDIA RELATED
"Offices, multimedia related" means a building, part of a building, structure, or defined area which is
utilized primarily for the office space directly related to film, television, music video, multimedia, or other
related activities
SECTION 8. Section 20 08 637 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 637 PICTURE EQUIPMENT SALES
"Picture equipment sales" means an out -door or indoor area, budding, part of a building, structure, or
a defined area which is utilized primarily for the sales, lease, storage and/or rental of equipment and
materials utilized in film, television, music video, multi- media, or other action activities that in the opinion
of the Director of Planning and Budding Safety are similar
216
3
SECTION 9. Section 20 08 643 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 643 POST PRODUCTION FACILITIES
"Post production facilities" means an out -door or indoor area, building, part of a building, structure, or
defined area, which is utilized primarily for support activities necessary and incidental to the multi -media
industry subsequent to production actions
SECTION 10. Section 20 08 823 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 823 SPECIAL EFFECTS STUDIOS
"Special effects studios" means space in an outdoor or in -door area, budding, part of a building,
structure, or a defined area, which is utilized primarily for the creation of special effects for film, television,
music video, multi- media, or other related activities.
SECTION 11. Section 20 08 857 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 857 STUDIO /SOUND STAGES AND SUPPORT FACILITIES
"Studio /sound stages and support facilities" means space in an outdoor or indoor area, budding, part
of a building, structure, or a defined area, which is utilized primarily for the creation of film, television,
music video, multi- media, or other related activities
SECTION 12. Section 20 08 867 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read ati follows
2008 867 THEATER AND PERFORMANCE SPACE
"Theater and performance space" means an out -door or in -door area, budding, part of a budding,
structure, or defined area, which is utilized primarily for rehearsal or research and development related to
the presentation of film, television, music video, multi- media, or other related activities that in the opinion
of the Director of Planning and Building Safety are similar. Such areas may or may not be open to the
general public
SECTION 13. Section 20 08 923 shall be added to Chapter 20 08, Title 20, of the El Segundo Municipal Code
to read as follows
20 08 923 WEB- AUTHOR
"Web- author" means an individual or group whose primary focus relates to the preparation of or
assistance in the preparation of World Wide Web (YAM) related materials including but not limited to
www pages, advertisements, connections, or other related activities that in the opinion of the Director of
Planning and Budding Safety are similar
4 217
SECTION 14. Chapter 20 47 shall be added to Title 20, of the El Segundo Municipal Code to read as follows
Chapter 20.47
Multimedia Overlay (MMO) District
Sections
20 47 010
PURPOSE
20 47 020
PERMITTED USES
20 47 025
PERMITTED ACCESSORY LAND USES
20 47 030
USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT
20 47 040
USES SUBJECT TO A CONDITIONAL USE PERMIT
20 47 050
PROHIBITED USES
20 47 060
SITE DEVELOPMENT STANDARDS
20 47 070
LANDSCAPING
20 47 080
OFF - STREET PARKING AND LOADING SPACES
20 47 090
SIGNS
20 47 010 PURPOSE
The purpose of this District is to provide consistency with and implement policies related to those
locations, which are designated for the Multimedia Overlay (MMO) District The MMO District is
established to provide creators of multimedia (film, television, music video, mulct- media, digital artists,
web - authors, etc ) and their support elements the opportunity to obtain the space, equipment and personnel
necessary to conceive, produce and deliver their work in one location It is the intent of the MMO District
to allow for the coexistence of uses permitted to the underlying Zone along with the possibility of
multimedia uses
It is anticipated, although not required, that each type of use will be from two or more of the following
categories office, sound stages and support offices, post production, craft shops, services, rentals,
theaters and performance, commissary, or archive It is further intended to ensure that adequate open
space and development regulations will create a favorable environment for abutting uses as well as
ensuring the compatibility and harmonious existence of development within MMO District property
Businesses located within this District are encouraged to provide street level uses which allow for, and
facilitate, pedestrian activity for area workers and visitors and opportunities for easy interface
20 47 020 PERMITTED USES
The following uses would be permitted in the proposed MMO District
A Commissary,
B Craft shops and rentals,
C Movie and entertainment facilities,
D Multimedia Archive facilities,
E Multimedia related office and post production facilities,
F Picture equipment sales,
G Special effects studios,
5
218
H Studio /sound stage(s) and other support facilities,
I Theater and performance space, and,
J Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20 72, Administrative Determinations
20 47 025 PERMITTED ACCESSORY LAND USES
The following uses would be permitted as accessory uses in the proposed MMO District
A Dnve -thru or walk -up services, including financial operations, but excluding dnve -thru
restaurants,
B Employee recreational facilities and play area,
C Parking structures and surface parking lots,
D Open storage of commodities sold or utilized on the premises, and,
E Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20 72, Administrative Determinations
20 47 030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT
The following uses would be permitted subject to the approval of an Administrative Use Pemut in the
proposed MMO District
A The on -site sale and consumption of alcohol at restaurants, dnve -thm restaurants, coffee shops,
delicatessens, commissaries, and cafes,
B Employee Daycare Facilities,
C The off -site sale of alcohol at retail establishments, and,
D Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20 72, Administrative Determinations
20 47 040 USES SUBJECT TO A CONDITIONAL USE PERMIT
Other uses shall be allowed subject to approval by the Director of Planning and Building Safety as
provided by Chapter 12 72, Administrative Determination
20 47 050 PROHIBITED USES
All uses prohibited in the underlying Zone(s)
20 47 060 SITE DEVELOPMENT STANDARDS
A All uses within the MMO District shall comply with the Site Development Standards of the
6 219
underlying zone(s), provided however that a maximum of 1,500,000 square feet of development
shall be allowed in the entire MMO District area, and,
B The total net floor area of all buildings, as defined in Chapter 20 08, on any parcel or lot in the
underlying O -S, P, and P -F Zones shall not exceed the total square footage of the parcel or lot area
multiplied by 1 3, thereby giving a floor area ratio of 1 3 1
20 47 070 LANDSCAPING
Landscaping in the proposed MMO District will be provided as required in the underlying Zone(s)
20 47 080 OFF- STREET PARKING AND LOADING SPACES
Off -street parking and loading spaces in the proposed MMO District will be provided as required in the
underlying Zone(s) and as required by Chapter 20 54, Off - Street Parking and Loading Spaces
20 47 090 SIGNS
Signs in the MMO District in the proposed MMO District will be in compliance with the requirements
of the underlying Zone(s)
of the City of El Segundo
California
VOTES
Crowley - Aye
Wycoff - Aye
Boulgandes - Aye
Palmer - Aye
Kretzmer - Aye
p \projects \426- 450 \ea445 \ea445 -2 res
220
PASSED, APPROVED AND ADOPTED this 11th day of March, 1999.
Bret WkerVard, Aft,
Brian Crowley, Chairmat
Direct o lanm g and
of the Planning Commission
Building Safety, and, Secretary
of the City of El Segundo,
of the Planning Commission
California
of the City of El Segundo
California
VOTES
Crowley - Aye
Wycoff - Aye
Boulgandes - Aye
Palmer - Aye
Kretzmer - Aye
p \projects \426- 450 \ea445 \ea445 -2 res
220
City Council Committee assignments
Recommendation — Receive and file report.
(Mayor Gordon will present report at the Council meeting)
221
5
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MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 16,1999 - 7:00 P.M.
CALL TO ORDER — Mayor Gordon at 7 00 p in
INVOCATION — Deputy City Clerk Cathy Domann
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs
PRESENTATIONS —
(a) Commendation presented by Mayor Pro Tem Jacobs to Joe Harding, President of El Segundo
Rotary, on running in the Los Angeles Marathon and raising over $3,700 in pledges for the
fight against polio
(b) Commendation presented by Council Member Wernick to Reserve Police Office Victor V
O'Neil for his unselfish and courageous service to the citizens of El Segundo, and wishing
him a happy retirement
(c) Commendation presented by Council Member Wernick to Reserve Police Office Maurice J
O'Brien for his unselfish and courageous service to the citizens of El Segundo, and wishing
him a happy retirement
(d) Commendation presented by Mayor Gordon to the El Segundo Bobby Sox Softball
educational organization for its development of youth, and wishing the Bobby Soxers a
successful season
(e) Commendation presented by Council Member McDowell to the El Segundo/Hawthome
Chapter of the American Diabetes Association on their presentation of American Diabetes
Alert
ROLL CALL
Mayor Gordon -
Present
Mayor Pro Tem Jacobs -
Present
Council Member Wernick -
Present
Council Member Gaines -
Delayed on City Business — Arrived 8 30 p in
Council Member 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 behalfofanother and
eniploi een speaking on behalf of their employer must so ideniifi, themselves prior to addressing the City Council Failure to do so shall be a
nn+denieanor and punishable by a fine of $250
Dorothy Kent, resident, spoke in support of uncovering airport sign
Loretta Fry, resident, spoke regarding Heritage Walk and stepping stones Also stated that she represents
approximately 300 residents who would like to see accurate Herald reporting
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7:00 P.M.
PAGE NO. 1
224 7
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title only
MOVED by Council Member Wemick, SECONDED by Mayor Pro Tern Jacobs to read all
ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0.
B. SPECIAL ORDERS OF BUSINESS
Public Hearing on an extension of Intenm Zoning Ordinance No 1296 (adopted on February
16, 1999), in accordance with Government Code Section 65858, pertaining to uses permitted
in the Downtown Commercial - Retail Zone (CR -S)
Consensus of the Council to delay Agenda Item No 1 until the arrival of Council Member
Gaines and move item to be heard after REPORTS, Item K on this agenda
An Ordinance of The City of El Segundo, California, adopting the Uniform Fire Code, 1997
Edition, including Appendices I -A, I -B, I -C, II -A, II -B, II -E, A- II -E -1, II -F, II -I, II -J, III -A,
II1 -13, III -C, III -D, IV -A, IV -B, V -A, VI -A, VI -C, and VI -F, adopting the National Fire Codes,
1999 Edition, Volumes 1 -13, repealing in its entirety Chapter 17 04 of, and adding Chapter
17 04 to, the El Segundo Municipal Code, which Chapter related to the Fire Code
Mayor Gordon conducted first reading of Ordinance 1298
ORDINANCE NO. 1298
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION, INCLUDING
APPENDICES, I -A, I -B, I -C, II -A, H -B, H -E, A- II -E -1, II-F, II -I, II -J, III -A, III -
B, III -C, III -D, IV -A, IV -B, V -A, VI -A, VI -B, VI -C, AND VI -F THEREOF;
ADOPTING THE NATIONAL FIRE CODES, 1999 EDITION, VOLUMES 1 -13;
REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING
CHAPTER 17.04 TO THE EL SEGUNDO MUNICIPAL CODE, WHICH
CHAPTER RELATES TO THE FIRE CODE.
Fire Chief Pedego gave a brief staff report
Council Member Wermck introduced Ordinance No 1298 and set the Public Hearing for
Second Reading and Adoption on April 6, 1999, at 7 00 p m
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7 00 P M
PAGE NO. 2
?2)
3 Ordinances adopting the 1997 Edition(s) of the Uniform Building Code, Volumes I, II, and
III, with Amendments, the 1996 National Electrical Code, with Amendments, the 1997
Uniform Housing Code, with Amendments, the 1997 Uniform Code for the Abatement of
Dangerous Buildings, with Amendments, the 1997 Uniform Plumbing Code, with
Amendments, the 1997 Uniform Mechanical Code, with Amendments, the 1997 Uniform
Sign Code, with Amendments, and, the 1997 Uniform Swimming Pool, Spa, and Hot Tub
Code, with Amendments
Mayor Gordon conducted first summary reading of Ordinance Nos 1299, 1300, 1301, 1302,
1303, 1304, 1305, and 1306
ORDINANCE NO. 1299
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM BUILDING CODE 1997 EDITION, VOLUMES 1,
II, AND III, INCLUDING THE APPENDIX THEREOF, EXCEPT APPENDIX
CHAPTER 3, DIVISIONS III AND IV, CHAPTER 4, DIVISION 1, CHAPTER
12, DIVISION II, CHAPTERS 13, 30, AND 31, DIVISION I1; AND
REPEALING IN ITS ENTIRETY CHAPTER 16.04 TO, THE EL SEGUNDO
MUNICIPAL CODE RELATING TO THE BUILDING CODE.
ORDINANCE NO. 1300
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE NATIONAL ELECTRICAL COCE, 1996 EDITION,
INCLUDING THE UNIFORM ADMINISTRATIVE CODE PROVISIONS,
REPEALING IN ITS ENTIRETY CHAPTER 16.08 OF, AND ADDING
CHAPTER 16.08 TO THE EL SEGUNDO MUNICIPAL CODE RELATING
TO THE ELECTRICAL CODE.
ORDINANCE NO. 1301
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM HOUSING CODE, 1997 EDITION, REPEALING
IN ITS ENTIRETY CHAPTER 16.09 OF, AND ADDING CHAPTER 16.09 TO,
THE EL SEGUNDO MUNICIPAL CODE RELATING TO THE HOUSING
CODE.
ORDINANCE NO. 1302
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION, REPEALING IN ITS ENTIRETY
CHAPTER 16.10 OF, AND ADDING CHAPTER 16.10 TO, THE EL SEGUNDO
MUNICIPAL CODE RELATING TO THE UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS.
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7:00 P M.
PAGE NO 3
226
ORDINANCE NO. 1303
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION,
INCLUDING APENDICES A, B, C, D, F, G, H, I, AND J, REPEALING IN ITS
ENTIRETY CHAPTER 16.12 OF, AND ADDING CHAPTER 16.12 TO, THE
EL SEGUNDO MUNICIPAL CODE RELATING TO THE PLUMBING CODE.
ORDINANCE NO. 1304
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION,
INCLUDING APPENDICES A, B, C, AND D, REPEALING IN ITS ENTIRETY
CHAPTER 16.16 OF, AND ADDING CHAPTER 16.16 TO, THE EL SEGUNDO
MUNICIPAL CODE RELATING TO THE MECHANICAL CODE.
ORDINANCE NO. 1305
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM SIGN CODE, 1997 EDITION, REPEALING
CHAPTER 16.24 OF, AND ADDING CHAPTER 16.24 TO, THE EL SEGUNDO
MUNICIPAL CODE RELATING TO THE SIGN CODE.
ORDINANCE NO. 1306
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE, 1997 EDITION, REPEALING IN ITS ENTIRETY CHAPTER 16.28 OF,
AND ADDING CHAPTER 16.28 TO, THE EL SEGUNDO MUNICIPAL CODE
RELATING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB
CODE.
Planning and Building Safety Director Bret Bernard gave a bnef staff report
Council Member Wemick Introduced Ordinance Nos 1299, 1300, 1301, 1302, 1303, 1304,
1305, and 1306 and set the Public Heanng for Second Reading and Adoption on Apnl 6,
1 999, at 7 00 p m
C. UNFINISHED BUSINESS — NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
4 Annual adoption of the City's Investment Policy
City Manager Strenn presented a bnef staff report
MOVED by Council Member Wernick, SECONDED by Council Member McDowell
to adopt City's Investment Policy as submitted MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0.
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7:00 P M.
PAGE NO. 4
227
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 2501478- 2501730 in total amount of $732,687 44, and Wire Transfers in
the amount of $256,927 65
6 City Council Meeting Minutes of March 2, 1999
Resolution to release Office of Criminal Justice Planning /Juvenile Accountability Incentive
Block Grant (JAIBG) funds of $10,124 to the Los Angeles County District Attorney's Office
Authorization to solicit bids for lease of fiscal year 1998 -1999 Groundwater Pumping Rights
in West Coast Basin
Authorize stop signs for northbound and southbound Virginia Street at Maple Avenue
10 Request for proposals from qualified consultants to evaluate Sanitary Sewer Pump Station No
13 and to prepare contract plans and specifications for rehabilitating the pump station
11 Examination Plan for the Personnel Ment System job classification of Information Systems
Manager
MOVED by Council Member Wemick, SECONDED by Council Member McDowell to
approve Consent Agenda Items 5 through 11 MOTION PASSED BY UNANIMOUS
VOICE VOTE. 4/0.
CALL ITEMS FROM CONSENT AGENDA - NONE
F. NEW BUSINESS -
12 Final Draft Technology Master Plan
Bret Plumlee, gave a brief staff report Dennis Vlasich, Kerry Consulting, gave Technology
Master Plan presentation
MOVED by Council Member McDowell, SECONDED by Council Member Wemick
to adopt Technology Master Plan MOTION PASSED BY UNANIMOUS VOICE VOTE.
4/0.
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7:00 P.M
PAGE NO. 5
2 Pp
13 Reorganization of human resources function, amendment to class specification for Assistant
City Manager and resolution for salary range
Ctiy Manager Strenn, gave a brief staff report Staff was directed to add "knowledge of
economic development functions" to class specifications
MOVED by Council Member Wenuck, SECONDED by Council Member Jacobs to approve
reorganization, amended class specification for Assistant City Manager, and adopt new
resolution for salary range MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
14 Resolution of the City Council of El Segundo, California Urging the Federal Aviation
Administration to Discontinue the Routing of Aircraft Over the City of El Segundo and Other
South Bay Cities
Ctiy Manager Strenn, gave a brief staff report
MOVED by Council Member Wernick, SECONDED by Council Member McDowell to
adopt new resolution urging the Federal Aviation Administration to discontinue the routing of
aircraft over the City of El Segundo and other South Bay cities MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0.
15 Update on the City's preparedness for the year 2000 (Y2K)
Susan Duenas gave presentation
Council commended El Segundo on Y2K preparedness efforts It was noted that additional
information was available in a Y2K newsletter and cable presentation More information to
be disseminated throughout the year
Council received and filed report
G. REPORTS - CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY
Assistant City Attorney Chns Cheleden reported that the City had been dismissed as a defendant in
Little v City of El Segundo
1. REPORTS - CITY CLERK - NONE
J. REPORTS - CITY TREASURER - NONE
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7.00 P.M.
PAGE NO. 6
229
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell
Reported on two upcoming meetings The AQMD will be meeting at the Westchester Senior
Citizens Center at 6 30 on March 24 1999 There will be an open public meeting with the
FAA Southern California Task Force on April 9, 1999. Location to be determined
Council Member Gaines
Reported on his meeting in Colton this evening
Also reported on his trip to Washington, D C where he met with representatives to discuss the
Regional Airport Expansion issue
Council Member Wernick
Thanked staff for an excellent job on the Emergency Preparedness Handbook and noted that it
was an excellent resource
Noted that she represented El Segundo in the Hermosa Beach St Patrick's Day parade held on
March 13, 1999
Gave progress report on the Policy Manual Indicated final revisions would be made when
City Clerk Mortesen returns from vacation next month
Mayor Pro Tem Jacobs
Reported on her meeting with the Northrop Leadership Team
Also congratulated Loretta Fry on be chosen as "Senior Citizen" of the year
Mayor Gordon —
Reported on recently published crime statistics Police Department Lieutenant Walt
Krumbach presented crime statistics analysts
Noted that on April 8, the California Association of Governments will vote on the Airport
Expansion Plan
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7:00 P.M.
PAGE NO. 7
230
Oral update report on downtown revitalization -
Farmers Market Feasibility Study returned high score Staff was directed to proceed
with a mid -June target date for implementation
The Feasibility Study on a Bed and Breakfast Hotel at the old Ralph's location stated
that a facility of approximately 100 rooms was recommended
Received RFP on Specific Plan Selection process to proceed
A ceremony will be held on Saturday, April 24, 1999, 11 00 a in at Pine Field to rename the
facility "George Brett Field"
Friday, May 21, 1999 is El Segundo Day at Dodger Stadium
On April 1, 1999 at 7 30 a in Mayor Gordon will be giving the State of the City Address at
the Chamber Breakfast, Hacienda Hotel
The Mayor's Good Friday Breakfast will be held on April 2, 1999 at the Hacienda Hotel
Guest speaker will be the Mayor of Riverside, Ron Lovendge
On Wednesday, March 31, 1999 a press conference will be held at the Forum in Inglewood on
LAX Expansion Fifty to seventy Mayors are expected to be in attendance
Mayor Gordon reported on a recent interview with the Wall Street Journal regarding LAX
expansion
B. SPECIAL ORDERS OF BUSINESS
Public Hearing on an extension of Interim Zoning Ordinance No 1296 (adopted on February
16, 1999), in accordance with Government Code Section 65858, pertaining to uses permitted
in the Downtown Commercial- Retail Zone (CR -S)
Mayor Gordon stated this is the time and place hereto fixed for a public hearing on an
extension of Interim Zoning Ordinance No 1296 (adopted on February 16, 1999), in
accordance with Government Code Section 65858, pertaining to uses permitted in the
Downtown Commercial - Retail Zone (CR -S)
It was noted that proper notice of the Hearing was given in a timely manner by the Planning &
Building Safety Department No written communications had been received by the City
Clerk's Office regarding this Public Hearing
Assistant City Attorney Chns Cheleden gave a brief presentation
No public input was received
Assistant City Attorney Chns Cheleden read Ordinance No 1297 by title only
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7 :00 P.M
PAGE NO. B
231
ORDINANCE NO. 1297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, EXTENDING ORDINANCE 1296 FOR A PERIOD
OF TEN (10) MONTHS AND FIFTEEN (15) DAYS IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858 A PROHIBITION ON CERTAIN
DEVELOPMENT IN THE DOWNTOWN COMMERCIAL ZONE (C -RS)
Mayor Gordon introduced Urgency Ordinance No 1297 for adoption
MOVED by Council Member Gaines, SECONDED by Council Member Wernick to waive
further reading and adopt Ordinance No 1297
MOTION PASSED BY THE FOLLOWING VOTE:
AYES Wemick, McDowell, Gaines, Gordon
NOES
ABSENT
ABSTAIN Jacobs
PUBLIC COMMUNICATIONS —
John Aull, resident, expressed thanks for Installation of the sidewalk on Grand Avenue west of Sepulveda
Loretta Fry, resident, spoke on behalf of seniors at Park Vista regarding the excessive noise from the Roller
Hockey Rink Council directed Police Department to provide assistance in monitoring hours of use
Bill Mason, resident and President of the El Segundo Chamber of Commerce, commended Council on their
efforts In revitalization of the downtown area
Sandra Mason, resident, spoke regarding the synchronization of the stop light at Grand Avenue and
Sepulveda Boulevard
MEMORIALS — In memory of RSVP Vern W Lahr and Aerospace Pioneer Lee Atwood
CLOSED SESSION — NONE
ADJOURNMENT at 9 21 p in to April 6, 1999 at 5 00 p in
Cathy Domann, Deputy City Clerk
MINUTES
CITY COUNCIL REGUAR MEETING
MARCH 16, 1999, 7.00 P M
232 PAGE NO. 9
EL SEGUNDO CITY COUNCIL MEETING DATE. April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Calendar
AGENDA DESCRIPTION:
Revised class specification for the job classification of Field Office Coordinator Fiscal Impact None
RECOMMENDED COUNCIL ACTION:
Approve the class specification
INTRODUCTIONAND BACKROUND:
The 1998 -99 Fiscal Year Operating Budget reflected a salary range adjustment for the job classification of
Field Office Coordinator As presented to Council, the salary range adjustment was based on the
incumbent's increasingly responsible role assisting the General Services Manager with the administration of
the City's recycling program and compliancewith the requirement's of AB939
DISCUSSION:
The current class specification for Field Office Coordinator has been revised in order to more accurately
depict the mix of program support, administrative assistance, office coordination and clerical/ technical tasks
performed by the incumbent The City Employees Association has reviewed the revised class specification
ATTACHED SUPPORTING DOCUMENTS
Current class specification dated May 21, 1996, proposed class specification
FISCAL IMPACT:
N/A
ORIGINATED. Date. March 30, 1999
Bob Hylan, uman ources/Risk Management
REVIEWED BY: Date.
H \chron99lsfaff
233
CITY OF EL SEGUNDO
FIELD OFFICE COORDINATOR
11143101ttDl
Date Adopted
Under general supervision, plans, organizes, coordinates, promotes and monitors the City Recycling
Program, coordinates and assures city compliance with AB939, "Integrated Waste Management Act of 1989 ",
assists in planning, organizing, coordinating, monitoring and directing the city's solid waste management,
performs a variety of administrative tasks in support of field operations activities, coordinates office activities
and may supervise office clerical staff, performs related duties as required
CLASS CHARACTERISTICS
This single position class is assigned to the City Maintenance Facility and is responsible for the coordination
of all office activities requiring considerable knowledge of field operation activities This position receives
direction and supervision from the General Services Manager and may supervise clerical staff The Field
Office Coordinator differs from the classifications of Office Specialist 11 and Secretary by its degree of
administrative and advanced clerical responsibility and specific field operations activity responsibility and
knowledge
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following
1 Assists the General Services Manager in planning, organizing, coordinating, directing and assuring city
compliance with the California Integrated Waste Management Legislation, A8939, "Integrated Waste
Management Act of 1989" and assists in the preparation of the City of El Segundo's Source Reduction
& Recycling Element Annual Report
2 Coordinates distribution of educational literature, including design, text and production of brochures,
flyers, press releases and other written correspondence to gain support of AB939 and recycling
programs, plans, develops, implements and administers specialized projects and programs related to
distributing public information, including outreach and education plans
3 Monitors and evaluates A8939 and recycling program performance to accordance with legislative
requirements and established objectives and goals, prepares any accompanying written correspondence,
reports, logs, reports, studies, surveys and related materials
4 Serves as liaison with waste haulers, California municipalities, public offices and agencies as related to
AB939
5 Coordinates development of program plans and designs for specially funded projects and grants,
including grant writing, preparation, and administration of detailed reports on grants and related funds
6 Provides direct administrative staff support and secretarial support to the City Maintenance Facility as
assigned by the General Services Manager, may be required to receive visitors, schedules appoint-
ments, prepares, edits, assembles, and distributes correspondence, documents, reports, and other
materials, and makes meeting /travel arrangements
7 Edits and authorizes payment of invoices before submittal to the Finance Department, tracks department
expenditures in accordance with department budget amounts, orders supplies and equipment, contacts
vendors to determine prices and availability of supplies and equipment, determines appropriate account
numbers and enters on invoices, tracks expenditures by accounts and compares to budgeted amounts,
arranges for repairs to equipment, assists with department budget preparation
234
Field Office Coordinator
Page 2
May supervise, evaluate, and coordinate training of office clerical staff, including administrative
responsibility for time sheets, leave requests and other department personnel related documentation,
forms and protocol, performs secretarial tasks including typing and /or data entry, proofreading, filing,
editing, office machine operation including word processing and operation of other automated systems;
sorts, files, prepares, and /or processes a variety of documents and records according to established
procedures, keeps petty cash, establishes and /or maintains a filing and retrieval system for interrelated
files and records
9 Prepares specialized reports such as the GASBOY Fuel System, Vehicle Management System, and
other reports, maintains related records, assists in the performance of administrative tasks, utilizing
judgement in the application of policies
10 Processes permits and fees necessary to operate including elevator annual permits, SCAQMD Permits
to Operate, State Board of Equalization Underground Storage Tank Fees and other related permits and
fees
11 Prioritizes service requests, sets work priorities and handles emergency situations by dispatching
appropriate field crews in the absence of the supervisor, routes to appropriate party, operates and
monitors a two -way radio
12 Responds to inquiries from the public, other departments and agencies, answers phones and routes
calls, or provides information requiring an understanding of Equipment Maintenance, Government
Buildings Maintenance, Water/Wastewater and Street Maintenance policies and procedures, assists
and /or directs others in the performance of related tasks
QUALIFICATIONS GUIDELINES
Education and /or Experience
Any combination of education and /or experience that has provided the knowledge, skills, and abilities
necessary for satisfactory job performance Example combinations include two (2) years college course
work in Business Administration, Public Administration, or related field, and two (2) years experience in the
development, coordination or implementation of an integrated waste management program, or recycling
program which includes experience in areas such as source reduction programs, promotion of recycling
programs and public relations
Knowledge, Skills, and Abilities
Considerable knowledge of general office methods and techniques including office equipment operation,
records processing and maintenance procedures and systems, knowledge of basic supervisory practices and
pnnaples, preparation of complicated documents requiring specialized data processing and mathematical
computation using independent judgement, knowledge and ability to implement field operation 5ctivities as
it relates to street maintenance and water systems distribution and maintenance activities Ability to learn,
apply, and explain related policies and procedures of AB939 and Equipment Maintenance, Government
Buildings Maintenance, Water/Wastewater and Street Maintenance policies and procedures, ability to
communicate effectively both orally and in writing, use and edit for correct English grammar, punctuation,
and spelling, ability to make accurate mathematical calculations and interpret complex statistical data, ability
to operate a PC terminal, keyboard and various word processing, spreadsheet, and desktop software in the
preparation of written material, establish and maintain cooperative working relationships
Special Requirements
Possession of, or ability to obtain, a Class C California driver's license and a satisfactory driving record
235
Date Adopted May 21, 1996
CITY OF EL SEGUNDO
FIELD OFFICE COORDINATOR
DEFINITION
Under general supervision, performs a variety of secretarial, clerical, and technical duties of moderate difficulty
and administrative tasks in support of field operation activities, coordinates office activities, performs related
duties as required
CLASS CHARACTERISTICS
This single position class is assigned to the City Maintenance Facility and is responsible for the coordination
of all office activities requiring considerable knowledge of field operation activities
EXAMPLES OF DUTIES
Duties may include, but are not limited to, the following
1 Provides direct secretarial, clerical, and technical support to staff assigned to the City Maintenance
Facility, receives visitors, schedules appointments, prepares, edits, assembles, and distributes
correspondence, documents, reports, and other materials, makes meeting arrangements.
2 Orders supplies and equipment, contacts vendors to determine prices and availabilityof supplies and
equipment, determines appropriate account numbers and enters on invoices, tracks expenditures by
accounts and compares to budgeted amounts, arranges for repairs to equipment, assist with budget
preparation
3 Prepares specialized reports such as the GASBOY Fuel System, Vehicle Management System, and
other reports, maintains related records, assists in the performance of administrative tasks, utilizing
judgement in the application of policies
4 Responds to inquiries from the public, other departments and agencies, answers phones and routes
calls, or provides information requiring an understanding of Parks Maintenance, Equipment
Maintenance, WasteWater and Street Division policies and procedures
5 Performs a variety of clerical tasks including typing and /or data entry, proofreading, filing, editing,
office machine operation including word processing and operation of other automated systems, sorts,
files, prepares, and /or processes a variety of documents and records according to established
procedures, makes travel and meeting arrangements, keeps petty cash, establishes and /or maintains
a filing and retrieval system for interrelated files and records
6 Reviews and corrects time sheets, types performance evaluations and other personnel related forms
and documents
7 Prioritizes service requests, routes to appropriate party, operates and monitors a two -way radio
8 Assists and /or directs others in the performance of related tasks
236
FIELD OFFICE COORDINATOR
Page 2
UALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and /or experience that has provided the knowledge, skills, and abilities
necessary for satisfactory fob performance Example combinations include graduation from high school or
equivalent and three years of progressively responsible secretarial and clerical experience
Knowledge. Skills. and Abilities
Considerable knowledge of related secretarial and general office methods and techniques including office
equipment operation, records processing and maintenance procedures and systems, preparation of
complicated documents requiring specialized typing and computations, field operation activities as it relates
to street maintenance and water systems distribution and maintenance activities Skill in operation of a variety
of office equipment, including operation of a typewriter and word processor at a corrected rate of 50 wpm
Ability to learn, apply, and explain related policies and procedures, communicate effectively both orally and
in writing, use and edit for correct English grammar, punctuation, and spelling, establish and maintain
cooperative working relationships, make mathematical calculations, use a variety of computer programs in
the preparation of a variety of reports
Special Requirements
Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record is
required
h pub- wks•fofctrd wpd
237
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Request for City Council approval to initiate a Request for Proposal (RFP) process to conduct a Classification
andCompensabon Study for positions and lob classifications represented by the Supervisory and Professional
Employees Association and the City Employees Association
RECOMMENDED COUNCIL ACTION:
Approve the initiation of the Request for Proposal process
INTRODUCTION AND BACKGROUND.
The current three year Memorandum of Understanding between the City and both the Supervisory and Professional
Employees Association and the City Employees Association provide that a Classification and Compensation Study
be conducted by a recognized third party consultant for all positions and job classifications represented by the
respective Employee Associations Any classification and /or salary range changes resulting from the study will be
effective July 1, 1999
DISCUSSION:
City Council approval of the request to initiate the Request for Proposal Process is required so that a recognized third
party consultant can be retained to conduct the Classification and Compensation study mandated by the current
Memorandum of Understanding for the two employee associations
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.
Appropriation Required - Yes_ No-
ORIGINATED- Date: March 9, 1999
Bob Hyland, Director of Human Re ces /Risk Management
agenda 711
238 9
March 1999
CITY OF EL SEGUNDO
Request For Proposal
Classification and Compensation Study
I. SUMMARY STATEMENT
The City of El Segundo requests proposals from qualified consultants to conduct a
classification and compensation study for all positions and job classifications in the Supervisory and
Professional Employees Association and the City Employees Association Inquiries and proposals
should be directed to
City of El Segundo
Human Resources Department
Robert Hyland, Director of Human Resources /Risk
Management
350 Main Street
Et Segundo, CA 90245
Five copies of the proposal should be submitted by April 21, 1999
II. STUDY BACKGROUND
The most recent Classification and Compensation study conducted for the City of El
Segundo was implemented on June 30, 1990 That study involved all of the City's full time positions
and job classifications as well as designated represented part-time positions and job classifications
The City of El Segundo is a full service City and currently has approximately 300 full time positions
The current study is limited to positions and job classifications in the City Employees
Association (104 positions in 68 job classifications) and the Supervisory and Professional
Employees Association (16 positions in 21 job classifications) Positions included in the study are
located in all of the City's departments The following is a list of the City's departments
City Council
City Treasurer
City Clerk
City Manager
Economic Development
Human Resources
Finance
Police
Fire
Recreation and Parks
Library
Planning and Budding Safety
Public Works (Including Government Buildings, Equipment
Maintenance, Engineering, Streets, Water and
Wastewater)
239
Attachment "A" depicts the job classifications represented by the Supervisory and
Professional Employees Association
Attachment 'B" depicts the job classifications represented by the City Employees
Association
The City currently utilizes a five step salary range for these fob classifications There is a
5% difference between the steps in the salary ranges Employees progress from Step A to Step
B after six months, subject to satisfactory job performance Progression through the remaining
steps in the salary range is at twelve- month intervals Department heads, subject to City Manager
approval, have the ability to recognize exemplary lob performance by accelerated step
advancement within the salary range
The study is intended to determine appropriate compensation levels for the covered job
classifications with reference to the median rates currently paid to comparable job classifications
at the following public agencies
Culver City
Gardena
Hawthorne
Hermosa Beach
Inglewood
Manhattan Beach
Redondo Beach
Santa Monica
Torrance
Los Angeles
County of Los Angeles
These public agencies are those which are designated in the City's Administrative Code for
wage comparison purposes
III. SCOPE OF THE ASSIGNMENT
The City of El Segundo is seeking highly qualified and experienced consulting assistance
in the design, conduct, and implementation of a classification and compensation study for the City's
Supervisory and Professional Employees Association and the City Employees Association It is
anticipated that the study will involve the following key tasks
CLASSIFICATION
1 Review of organization, budget and background material
2 Orientation and briefing of management staff and employees covered within
the scope of the study
3 Provide a job analysis questionnaire to all employees included in the study
Interview appropriate incumbents including all incumbents in single position
job classifications
4 Develop classification concepts and career ladders, where appropriate
Identify the "Essential Functions" of each job classification in compliance with
the Americans with Disabilities Act (ADA)
240
5 Allocate positions to the appropriate job classification and prepare class
specifications.
6. Distribute study findings and recommendations and conduct an
employee review process and resolve any employee appeals to
classifications allocations.
7 The consultant should also plan to submit class specifications in IBM PC
compatible Word for Windows '95 format on 3-1/2" diskette
Attachment C reflects the current format of the City of El Segundo's class specifications
Consultants should submit examples of recent class specifications prepared by theirfirm
which indicate their ability to submit comparable class specifications as part of the final study
report
COMPENSATION
Identification of appropriate benchmark classifications
Internal salary relationship analysis.
Salary data sheets reflecting current wages for benchmark classifications in
comparison agencies and identifying the mean of the comparison data
Specific salary range recommendations for all identified job classifications,
using labor market comparison data as well as consideration of appropriate
internal relationships
Depiction of internal relationships by identification of appropriate percentage
differentials between related job classifications
Training of designated City staff in the classification and compensation
methodology used in the preparation of the study's findings and
recommendations
GENERAL
The consultant (s) may propose such additional tasks as they may deem
necessary to complete the protect assignment
Current Memorandum of Understanding (MOU's) with the Supervisory and
Professional Employees Association and the City Employees Association provide
for the conducting of the requested Classification and Compensation Study Both
associations are in the first year of three -year contracts
The current Memorandum of Understanding provides that "all covered
employees may provide input to the consultant during the scope of the study"
Additionally, the MOU's provide that "the results of the study shall be provided to the
Association representative when complete and the City will meet with the
Association, at the Association's request, to discuss them " Consultant responses
to this Request For Proposal should indicate how the consulting firm intends to
facilitate this discussion process
IV. REOIRED PROPOSAL CONTENT
All proposals must contain the following information
241
1 Complete description of the proposed classification and compensation
methodologies including study objectives, end - products, processes, steps,
and procedures
2 References (at least 3) demonstrating a thorough understanding of
classification and compensation studies and plan management
3 References- Include names, addresses, telephone numbers and the specific
project work accomplished for each reference
4 A brief description of corporate qualifications and history of the firm
5 Project timing and cost A project schedule should be supplied identifying
beginning and end of each major phase of work The City desires that the
project be completed as soon as possible
6 Resumes of principal professionals who may be assigned to the project
7 Any additional information which the consultant deems appropriate
V CONSULTANT SELECTION PROCESS AND PROPOSAL EVALUATION
A city evaluation team composed of management staff will initially evaluate all
proposals Two or three finalists maybe requested to make oral presentations to an
evaluation team The evaluation team will recommend one of the finalists for final
contract award As provided in the Memorandum of Understanding, the consultant
will be chosen after consultation with Association representatives
Proposals will be evaluated utilizing the criteria summarized below
1 Qualifications, backround, and prior experience of the firm in
conducting similar studies
2 Content and technical approach and understanding of the scope of
the project
3 Overall project design and methodology
4 Cost as compared with level of effort to be expended
5 Length of time to complete the study
The City of El Segundo reserves the right to reject any and all proposals
should it be deemed in its best interest to do so The City of El Segundo
reserves the right to modify the scope of services based upon negotiation
with the consultant the City determines to be most qualified
Fees for Service
The contract with the Consultant shall be a fixed contract which includes all
costs, expenses and compensation for services to be provided. The
Consultant will be required to submit invoices on a monthly basis The
invoices shall include a detailed analysis of work completed and work in
progress and the associated cost or fee for the respective services
All proposals, whether accepted or rejected, shall become the property of the
City
242
The cost of preparation of proposals shall be borne by the proposer
The City reserves the right to waive minor irregularities to the proposal with
the successful firm
The City reserves the right to award a contract to the firm that presents the
proposal which, in the sole judgment of the City, best accomplishes the
desired results.
False, incomplete, or unresponsive statements in the proposal may be
deemed sufficient cause for rejection The City shall be the sole judge in
making such judgment
243
ATTACHMENT A
CITY OF EL SEGUNDO
SUPERWSORYAND PROFESSIONAL EMPLOYEES'ASSOCIATION
CLASS TITLE
Accountant
Administrative Analyst I
Administrative Analyst II
Associate Planner
Budget Analyst/Accountant
Community Cable Program Supervisor
Computer Systems Network Specialist
Environmental Safety Coordinator
Equipment Maintenance Supervisor
Government Buildings Supervisor
Librarian
Park Maintenance Supervisor
Purchasing Agent
Recreation Supervisor
Senior Accountant
Senior Fire Protection
Analyst
Street Maintenance Supervisor
Technical Services Manager
Wastewater Supervisor
Water Supervisor
Youth Counselor
I
244
ATTACHMENT B
CITY OF EL SEGUNDO
CITY EMPLOYEES' ASSOCIATION
CLERICAL & SECRETARIAL CLASSIFICATIONS
CLASS TITLE
Administrative Secretary
Field Office Coordinator
Secretary
Office Specialist II
Receptionist
Office Specialist I
ENGINEERING CLASSIFICATIONS
CLASS TITLE
Civil Engineering Associate
Civil Engineering Assistant
Engineering Technician
EQUIPMENT & BUILDING MAINTENANCE CLASSIFICATIONS
CLASS TITLE
Building Systems Mechanic
Fire Equipment Mechanic
Equipment Mechanic It
Equipment Mechanic I
Lead Custodian
Equipment Service Worker
Custodian
FINANCE CLASSIFICATIONS
CLASS TITLE
Revenue Inspector
Computer Operator
Accounting Technician
Accounts Specialist III
Accounts Specialist It
Accounts Specialist I
2
245
CITY OF EL SEGUNDO
CITY EMPLOYEES'ASSOCIATION
FIRE CLASSIFICATIONS
CLASS TITLE
Fire Protection Analyst
Fire Inspector II
Fire Inspector I
Disaster Preparedness Coordinator
LIBRARY CLASSIFICATIONS
CLASS TITLE
Senior Library Assistant
Library Assistant
Library Clerk II
Library Clerk I
PLANNING & BUILDING SAFETY CLASSIFICATIONS
CLASS TITLE
Plans Examiner
Counter Plans Examiner
Building Inspector 11
Budding Inspector I
Assistant Planner
Planning Technician
Building Permit Specialist II
Building Permit Specialist I
POLICE CLASSIFICATIONS
CLASS TITLE
Crime Scene Investigator II
Crime Prevention Specialist II
Supervising Communications Dispatcher
Crime Scene Investigator I
Crime Prevention Specialist I
3
ATTACHMENT B
?46
CITY OF EL SEGUNDO
CITY EMPLOYEES' ASSOCIATION
Administrative Specialist
Communications Dispatcher II
Police Services Officer
Communications Dispatcher I
Police Records Specialist II
Police Records Specialist I
RECREATION AND PARKS CLASSIFICATIONS
CLASS TITLE
Maintenance Craftsworker
Recreation Coordinator
Pool Maintenance Technician
Park Maintenance Worker ll
Park Maintenance Worker I
STREET MAINTENANCE CLASSIFICATIONS
CLASS TITLE
Street Maintenance Leadworker
Traffic Painter Leadworker
Street Maintenance Worker II
Street Maintenance Worker I
WATERIWASTEWATER CLASSIFICATIONS
CLASS TITLE
Wastewater Maintenance Leadworker
Water Maintenance Leadworker
Meter Reader /Repairer
Wastewater Maintenance Worker II
Water Maintenance Worker If
Water/Wastewater Operations Technician
Wastewater Maintenance Worker I
Water Maintenance Worker I
El
ATTACHMENT B
247
CITY OF EL SEGUNDO
CITY EMPLOYEES'ASSOC/ATION
PART -TIME POSITIONS /PRO -RATED BENEFITS
Police Cadet (20 hrslwk)
Community Cable Production Assistant (30 hrsAvk)
ATTACHMENT B
H ICHRON991CLASS
WO N
ATTACHMENT C
Date Adopted: 02/16/99
CITY OF EL SEGUNDO
COMMUNICATIONS DISPATCHER i
COMMUNICATIONS DISPATCHER II
DEFINITION
Under general supervision and in accordance with City policy, receives and dispatches emergency and non -
emergency police, fire, rescue and other calls for service using the Computer Aided Dispatch (CAD) system,
telephone, voice radio, and other department communication equipment, performs related duties as required
CLASS CHARACTERISTICS
Communications Dispatcher This is the entry-level classification within the Communications Dispatcher
series Employees in this class usually perform the more routine dispatching tasks and are normally considered
to be in a training status As responsibilities and the complexity of their work increase, advancement to the next
higher class may be expected when the required level of experience is met
Communications Dispatcher II This is the journey level class within the Communications Dispatcher
series and employees are required to perform the full range of dispatching duties Employees in this class may
be assigned to train and evaluate the work of Communications Dispatcher I's during designated training periods
The Communications Dispatcher II employee will generally have a minimum of two years prior work experience
as a Communications Dispatcher I or equivalent
EXAMPLES OF DUTIES
Duties for Communications Dispatcher I and II may include, but are not limited to, the following
I Receives emergency and non - emergency calls requesting police, fire, paramedic, general
information, and recording of public service complaints
2 Determines priority of incoming emergency and non - emergency calls and dispatches appropriate police,
fire, or public service units by radio, telephone, alarm signal, and any other departmental means of
communication
3 Prepares and maintains an accurate record of all incoming phone calls and accurately enters
information timely into a computer database
4 Maintains constant communication with caller and provides field units with updates of incidents as they
occur
5 Records the location and circumstances of each call for service and communicates all pertinent
information to and from field units including location, number of persons or vehicles involved, types of
vehicles, criminal warrant data, types of weapons, suspect/victim descriptions, potential hazardous
materials and other items of police intelligence
"SAMPLE"
249
6 Exercises considerable discretion when dispatching public safety units that may be responding to
critical life threatening incidents
7 Interprets and uses detailed area maps to aid field units in responding to locations of incidents
8 Monitors locations of police, fire, and other public safety vehicles in order to determine the current
availability of those vehicles for immediate dispatch service
9 Operates status board and fire alarm panels to promptly dispatch police, fire, and other city resources
as required
10 Operates a variety of Teletype and computer equipment to help verify records and to provide police and
fire units with information
11 Maintains current records including maps of city boundaries, personnel files, annexations and all other
records related to the coverage of the city by emergency personnel and equipment
12 Monitors public safety frequencies
13 Performs a variety of clerical tasks including record keeping, filing, and indexing of records
14 Tests and inspects equipment as required and completes equipment service logs
QUALIFICATIONS GUIDELINES
Education and Experience
Communications Dispatcher I: Any combination of education or experience providing the knowledge,
skills, and abilities necessary for satisfactory lob performance For example, a high school diploma or GED
equivalent, and preferably a minimum of one (1) year related experience in a dispatch center or public safety
agency
Communications Dispatcher II Any combination of education or experience providing the knowledge,
skills, and abilities necessary for satisfactory job performance For example, a high school diploma or GED
equivalent, and preferably a minimum of two (2) years expenencewith the operation of a public safety computer
aided dispatch system
Knowledge, Skills, Abilities
Communications Dispatcher I Working knowledge of office procedures, record keeping system, and
the operation of office equipment Ability to learn the standard broadcasting procedures and rules associated
with the operation of law enforcement communication, computer aided dispatch, and County -wide
communication network Ability to read and accurately interpret maps, able to work rotating shifts including
weekends, evenings, and holidays, type accurately at 30 wpm, react quickly, calmly and professionally under
emergency and busy conditions Communicate effectively orally and in written form, learn to memorize and use
crime, phonetic, alphabetical and computer codes, ability to relay information in emergency situations to
responding police, fire, rescue and public service field units Must be able to adapt to changing situations
quickly, exercise good judgement and work effectively under minimal supervision Ability to become expert in
specific geographic boundaries, speak the English language clearly and concisely, maintain composure when
receiving information from callers in various states of emotional or physical duress, and perform various clerical
tasks and other duties as required
?50
Communications Dispatcher II
In addition to the knowledge, skills, and abilities listed above, the Communications Dispatcher 11 must have
considerable knowledge relative to office procedures, record keeping system and the operation of office
equipment A thorough understanding and knowledge of standard broadcasting procedures and rules
associated with the operation of law enforcement communication, computer aided dispatch, and County-wide
communication network Is necessary Ability to read and accurately Interpret maps, able to work rotating shifts
Including weekends, evenings, and holidays, type accurately at 40 wpm, react quickly, calmly and professionally
under emergency and busy conditions Must communicate effectively orally and In written form and use crime,
phonetic, alphabetical and computer codes by memory Ability to relay Information in emergency situations to
responding police, fire, rescue and public service field units Must be able to adapt to changing situations
quickly, exercise good judgement and work effectively under minimal supervision Must be knowledgeable of
specific geographic boundaries, speak the English language clearly and concisely, maintain composure when
receiving Information from callers in various states of emotional or physical duress, perform various clerical
tasks and other duties as required
Special Requirements
Possession of, or the ability to obtain, a Class "C" California driver's license and a satisfactory driving record
Communication Dispatchers work In an enclosed office environment and may be stationed in close proximity
to various office chemicals such as air borne particles via central air - conditioning /heating system Likely
exposure to varying sound and alarm levels Including constant telephone calls, radio transmissions, teletype
transmissions, and other typical communication dispatcher sound and noise Some work is performed under
tense and emergency conditions Communication Dispatchers sit and operate data processing terminals and
screens for extended periods of time and constantly use repetitive finger, hand and arm motions (typing,
viewing, dialing, finger punching, bending, reaching with arms and twisting torso movements, etc) Shift work
hours are required including working on an on -call basis, evenings, weekends, and holidays
H \wpdocs \cls -spcs \police \dispatch
?51
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: 4/6/99
AGENDA HEADING: CONSENT
AGENDA DESCRIPTION:
Agreement for Professional Services between Kerry Consulting Group and the City of Ell Segundo to
provide management assistance for the City's computer and networking systems and assist in the
development of the new Information Services Division in the Finance Department.
RECOMMENDED COUNCIL ACTION:
Approve Agreement for Professional Services between Kerry Consutting Group and the City of Ell
Segundo
INTRODUCTION AND BACKGROUND:
Since the use of technology is a critical element in being able to serve the needs of the residential and
business community efficiently and effectively, the City Council's strategy is to use it appropriately
wherever and whenever it is the most cost effective means to provide convenient, timely, and accurate
information service To accomplish this strategy, the City Council adopted the Technology Master Plan
(Plan) on March 16, 1999
DISCUSSION:
(continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
Agreement for Professional Services between Kerry Consulting Group and the City of El Segundo
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Bret Plumlee. Director of R
$99.000
Not to exceed $6.500 Per month
Date:
001400 - 2505 -6214
None
3 /z9 /SS
z 10
DISCUSSION:
The (Plan) creates an Information Services Division within the Finance Department and recommends
hiring an Information Services (IS) Manager to implement all aspects The City is currently recruiting for
an IS Manager, however, it will take several months to fill the position
In the interim, Dennis Viasich, Prinapal/Sr. Consultant of KCG will provide the technical expertise to
begin the next steps of the Plan including organizing the formation of several Technological Task Forces
and forming a Technology Advisory Group consisting of departmental application support personnel Mr
Vlasich will also assist the Finance Director in the transition of training the new IS Manager, coordinating
the implementation of remaining Eden Financial system and Business License software modules, and
coordinating the software training of City personnel The number of hours and scope of services provided
by KCG will reduce, as the new IS Manager is able to take on these tasks
The Scope of Services highlighting these tasks is detailed in `Exhibit A' of the contract attached to this
report
?53
I
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this _ day of , 1999, between the
CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Kerry Consulting
Group hereinafter referred to as "Consultant" In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows
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 Consultant shall begin its services under this Agreement on April 7,
1999 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, which shall not be unreasonably withheld 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 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
AGREEMEN
'I-
^5�
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
5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall
be as set forth in Exhibit B attached 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 an 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
AGREEMEN
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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 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 may be terminated with or without
cause by either party upon 30 days' written notice In the event of such termination, Consultant shall be
compensated for non - disputed fees under the terms of this Agreement up to the date of termination
10 COOPERATION BY CITY All public information, data, reports, records, and maps as
are existing and available to City as public records, and which are necessary for carrying out the work as
AGREEMEN
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outlined in the Scope of Services, shall be fumished 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, responses to
interrogatories or other information concerning the work performed under this Agreement or relating to
any project or property located within the City Response to a subpoena or court order shall not be
considered "voluntary" provided Consultant gives City notice of such court order or subpoena
If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily
provide information in violation of this Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees
AGREEMEN
257
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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
protect 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 in, or shall they acquire any interest, directly or indirectly, which will conflict in any manner or
degree with the performance of their services hereunder Consultant further covenants that in the
performance of this Agreement, no person having such interest shall be employed by them as an officer,
employee, agent, or subcontractor without the express written consent of the City Manager
13 DEFAULT In the event that Consultant is in default of any provision of this Agreement,
City shall have no obligation or duty to continue compensating Consultant for any work performed after
the date of default and can terminate this Agreement immediately by written notice to the Consultant
14
(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
recognrted as being employed by professionals performing similar services in the state of California
AGREEMEN
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(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, "Indemmtees ") shall have no liability to Consultant or to any other person for, and
Consultant shall indemnify, defend, protect and hold harmless the Indemmtees 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 Indemntees may suffer or incur or to which the Indemmtees 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 Indemmtees by reason of any of the matters
against which Consultant has agreed to indemnify the Indemmtees as above provided, Consultant, upon
notice from the City, shall defend the Indemntees at Consultant's expense by counsel acceptable to the
City The Indemntees need not have first paid any of the matters as to which the Indemmtees 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
The Consultant's indemnification does not extend to Claims occurring as a result of the City's
negligent or willful acts or omissions
AGREEMEN
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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 injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is
to be placed with insurers with a current A M Best's rating of no less than A VII Consultant shall provide
the following scope and limits of insurance
(1) Minimum Scope of Insurance Coverage shall be at least as broad as
(a) Insurance Services Office form Commercial General Liability
coverage (Occurrence Form CG 0001)
(b) Insurance Services Office form number CA 0001 (Ed 1/87)
covering Automobile Liability, including code 1 "any auto" and
endorsement CA 0025, or equivalent forms subject to the written
approval of the City
(c) Workers' Compensation insurance as required by the Labor
Code of State of California and Employer's Liability insurance
and covering all persons providing services on behalf of the
Consultant and all risks to such persons under this Agreement
(d) Errors and omissions liability insurance appropriate to the
Consultant's profession
AGREEMEN
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(2) Minimum Limits of Insurance Consultant shall maintain limits of
insurance no less than
(a) General Liability $1,000,000 per occurrence for bodily injury,
personal injury and property damage If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
the activities related to this Agreement or the general aggregate
limit shall be twice the required occurrence limit
(b) Automobile Liability $1,000,000 per accident for bodily injury
and property damage
(c) Workers' Compensation and Employer's Liability Workers'
Compensation as required by the Labor Code of the State of
California and Employer's Liability limits of $1,000,000 per
accident
B Other Provisions Insurance policies required by this Agreement shall contain
the following provisions
AGREEMEN
(1) All Policies Each insurance policy required by this paragraph 15 shall
be endorsed and state the coverage shall not be suspended, voided,
?61
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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 ansing
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 with
respect to City, its officers, officials, employees and volunteers
Any 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
AGREEMEN
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(d) Any failure to comply with the reporting or other provisions of the
policies including breaches of warranties shall not affect
coverage provided to City, its officers, officials, employees or
volunteers
(3) Workers' Compensation and Employer's Liability Coverage Unless the
City Manager otherwise agrees in writing, the insurer shall agree to
waive all rights of subrogation against City, its officers, officials,
employees and agents for losses ansing 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 to inspect complete, certified copies of all required insurance
policies, at any time
AGREEMEN
(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
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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 Consultants 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
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
AGREEMEN
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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 has the authonty to execute this Agreement on
behalf of his corporation and warrants and represents that he has 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
City
Attention Bret Plumlee
Finance Department
City of El Segundo
350 Main Street
El Segundo, California 90245
Telephone (310) 607 -2240
Facsimile (310) 640 -2543
Consultant
Attention Dennis Vlasich, Principal /Sr Consultant
Kerry Consulting Group
915 W Foothill Blvd, Suite C -395
Claremont, CA 91711 -3356
Telephone (909) 621 -6469
Facsimile (909) 626 -7768
Email dvlastch @askerry com
•
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
AGREEMEN
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22 SEVERABILITY The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of the other provisions of this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written
By
Title
CITY OF EL SEGUNDO
Title
ATTEST
Cindy Mortesen
City Clerk
AGREEMEN
APP V A O R
//7
City Attorney
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Exhibit A — Scope of Services
Kerry Consulting Group (KCG) shall provide management assistance for the City's computer and
networking systems and assist in the development of the new Information Services Division in the
Finance Department KCG's primary focus will be to coordinate the implementation of the recently
adopted Technology Master Plan and to assist in the transition of training the new Information Services
Manager Other areas of assistance will include the formation of several Technological Task Forces and
a Technology Advisory Group, coordinating the implementation of new Eden Financial System (Inforum)
and other software modules as needed, and coordinating software training of City personnel The
number of hours provided by KCG will reduce as the Information Services Manager is able to take on
these tasks
Under the direction of the City Manager or his/her designee, KCG will provide consulting services at the
following levels
Senior Consultant — Management and policy planning, budget analysis and
recommendations, status reports, and options and recommendations for
strategic and tactical technology decisions
Junior Consultant — Technical network and desktop computer support necessary
to implement the plans and policies developed by the Senior Consultant
and approved by the City
Research Assistant — Technical research and support
Clerical — Typing, assembly, coordination, and miscellaneous clerical tasks
To this end, KCG will provide the following scope of services
On -site consulting 12 hours per week, or as mutually agreed
Telephone support Unlimited
Off -site consulting As needed and requested
AGREEMEN
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Exhibit B — Fee Schedule
KCG shall charge the following fees for services, not to exceed $6,500 per month
Senior Consulant
Consultant
Research Assistant
Clerical
Mileage
Trips (Claremont to El Segundo)
Meals
Breakfast < $7 50
Lunch < $12 50
Dinner < $25 00
AGREEMEN
$125/hr
$100 /hr
$62 50 /hr
$15 00 /hr
$ 315 /mile
120 miles
Actual, not to exceed
268
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EL SEGUNDO CITY COUNCIL
MEETING DATE: April 6, 1999
AGENDA DESCRIPTION:
Adoption of City's Youth Employment Plan to meet requirements under Safe Neighborhood Parks
Proposition of 1996.
RECOMMENDED COUNCIL ACTION:
Approval of Youth Employment Plan
INTRODUCTION AND BACKGROUND:
Through the Safe Neighborhood Parks Proposition of 1996 the city has an allocation of $74,610.
From that allocation, the county has provided $41,000 to the city for the development of a Roller
Hockey Rink at Recreation Park. The grant funds will be used for second phase of the Roller Hockey
Rink.
However, In order to receive these funds, the city must adopt a Youth Employment Plan to include
a definition of Youth at Risk and designating 10% of the total funds, ($7,461.) for the employment
of Youth at Risk in any project that had used grant funds.
The guidelines for the Safe Neighborhood Parks Proposition of 1996 has evolved to allow grantees'
to incorporate their Youth Employment goals to past grant projects. With this new allowance, staff
recommends the Holly /Valley Park project, Grant #155, as the location for implementation of the
city's Youth Employment Plan, which would use the EL Segundo Tree Musketeers to perform
maintenance tasks at the park.
Designated Tree Musketeers, who fit the city's definition of Youth at Risk, will provide general
maintenance such as, i.e.; raking leaves, sifting sand, planting /replanting of small scrub, adding
wood chips to planters and light trimming on a monthly basis at Holly /Valley Park.
The following is the Youth at Risk definition which is part of the Youth Employment Plan: At risk
youth are those that have either dropped out of school or graduated without basic skills for gainful
employment. May also be youth with inadequate access to basic life necessities, are in physical
danger, or who lack skills required to function successfully within society.
ATTACHED SUPPORTING DOCUMENTS:
City of El Segundo Youth Employment Plan
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:_
Amount Requested: Project /Account Budget
Project /Account Balance: Date:
Account Number:
Project Phase:
Youth Employment Plan
990406.YEP 269
11
City of El Segundo
YOUTH EMPLOYMENT PLAN
Back¢ round•
The Los Angeles County Safe Neighborhood Parks Propositions of 1992 and 1996 provided
approximately $159,841, from the $234,451 allocation, to the City of El Segundo for various park
improvements. This leaves a current grant allocation balance of $74,610 One condition recently imposed
was that all grant allocation balances from August 1997 to date incorporate 10% of the funding toward
youth at risk employment The City of El Segundo now has a grant obligation to allocate $7,461 for youth
employment The county allows for the youth employment projects to take place on any previously funded
projects through the Safe Neighborhood Park Proposition.
With the new allowance to incorporate the city's youth employment plan through previously
funded grant projects, it is recommended the city allocate the $7,461 of grant funds to a youth employment
plan geared for the maintenance of HollyNalley Park project, Grant #155
Tasks that may be performed by At Risk Youth:
1 The raking and disposing of fallen leaves and debris
2 The siRmg of playground sand area for foreign objects or glass
3 Maintenance and planting of small scrubs, flowers and trees
4. Provide maintenance and wood chips to hillside and other necessary areas
5 Provide light trunmmg and trash removal
6 Weeding and watering
Estimate of the amount of funds to be spent on employment of youth:
Total estunate of hours of youth employment 1,244 hours
Cost per hour $6.00
Total estimated cost of employment $7,461
Method of Youth Employment:
The city will contract with the El Segundo Tree Musketeers organization to provide the means of
meeting the city's at risk youth employment obligation The Tree Musketeers will hire local, El Segundo
youth fitting the city's Youth at Risk definition, to provide the maintenance at the HollyNalley Park The
Tree Musketeers will coordinate with the Recreation and Parks Department the tramutg, maintenance
scheduling, planning and implementation of the program.
Youth Employment Goal:
In order to meet the youth employment goal under the grant provision requiring 100/6 of the total
remaining development funds be used to employ at risk youth, city plans to meet the goal by providing
monthly maintenance at HollyNalley Park
Youth at Risk Definition for El Seaundo:
At nsk youth are those that have either dropped out of school or graduated without basic skills for
gainful employment May also be youth with inadequate access to basic life necessities, are in physical
danger, or who lack skills required to function successfully within society
yep
270
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adoption of plans and specifications for construction of Roller Hockey Rink - Phase II Site Improvements at
Recreation Park Project No PW 98 -11 (estimated cost $70,000 00)
RECOMMENDED COUNCIL ACTION:
Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids
INTRODUCTION AND BACKGROUND:
Roller Hockey Rink - Phase I which included construction of the concrete rink slab and the perimeter dasher
board system has been recently completed The current fiscal year's Capital Improvement Program includes
a project to construct Phase 11- Site Improvements, which includes concrete walkways around the rink slab,
fenced booths for players, score keeper and penalty areas, four (4) players benches, one (1) spectator
bleacher and a masonry block wail at the southeast corner of the rink to support an eiasbng embankment
DISCUSSION:
(Discussion begins on the next page.... )
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
ProjecUAccount Balance:
Account Number.
Project Phase:
Appropriation Required:
$70,000.00
$46,00000
$46,000 00 Date:
301-400-8202-8988
time
Adoption of plans and specificAabons
Not at e
271
Page 1 of 2
NICOUNCILTW -APROB 01 (Tumd" 3 -30%Wo AM) 12
DISCUSSION:
Plans and specifications have been completed by staff and the proposed site Improvements will complete the
second and final phase of the Roller Hockey Rmk Project
The project budget included $63,000 00 of General Funds and $41,000 00 of Los Angeles County Grant Funds
for a total of $104,000 00 The General Funds portion has been utilized to procure and Install the dasher board
system Currently, funds remaining to complete the project are $41,000 00 of County Grant Funds and a
$5,000 00 contribution by the In -Line Hockey Association for a total of $46,000 00,
The estimated construction cost of the project, including contingencies and Inspection costs Is $70,000 00,
which is $24,000 00 over the Identfied fund sources The Recreation and Parks Department has indicated that
an additional apprmamately $36,000 00 of Los Angeles County Grant Funds are available and eligible for
expenditures on the project Originally this $36,000.00 grant was anticipated to be utilized for the Skateboard
Park Project, however the City Council on June 16, 1998, allocated $160,000 00 for the Skateboard Park
Project which Is currently estimated to be adequate to construct the project Staff recommends the Roller
Hockey Rink - Phase II now be advertised for receipt of construction bids and if the low bid is more than the
available funds, a request be made to the County for approval of the additional grant amount needed to
proceed with the project With this recommendation, no General Fund monies need to be allocated for the
project
Staff is recommending City Council adoption of plans and specifications and authorization to adverbse the
project for receipt of construction bids
Page 2 of 2
272
N NC0UNCILIPW- APR0601 N*ntley 3/30!99 900 AM)
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING,. Consent Agenda
AGENDA DESCRIPTION:
Acceptance of the cleaning of air conditioning duct system in the City Library - Project No PW 98 -9 (final
contract amount $14,407 00)
RECOMMENDED COUNCIL ACTION:
1 Accept the work as complete
2 Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's
Office
INTRODUCTION AND BACKGROUND:
On December 1, 1998, the City Council awarded a contract for $14,407 00 to Sturgeon General for the
cleaning of air conditioning duct work in the City Library
DISCUSSION:
The work has now been satisfactorily completed by the contractor The final contract amount is $14,407 00
Staff is recommending City Council acceptance of the completed work
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
ProjecUAccount Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
$14,40700
$35,00000
$33.000.00 Date: November 10, 1998
405 400 -6215 - FAC 501
Accent the work as complete
273
N iCOUNCILIPW-APR602 (Monday &2W991000A M) 13
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Cleaning of Air Conditioning Duck work in the City Library
Project No PW 98 -9
Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that
1 The undersigned Is an officer of the owner of the Interest stated below in the property hereinafter
described
2 The full name of the owner is City of Ell Segundo
3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the interest of the owner is Public budding maintenance
5 A work of improvement on the property hereinafter described was field reviewed by the City
Engineer on March 18, 1999 The work done was Cleaning of the air conditioning duct system in
the City Library
6 On April 6, 1999, the City Council of the City of El Segundo accepted the work of this contract as
being complete and directed the recording of this Notice of Completion in the Office of the County
Recorder
7 The name of the Contractor for such work of improvement was, Sturgeon General
8 The property on which said work of improvement was completed is in the City of El Segundo,
County of Los Angeles, State of California, and is described as follows: The City Library
9 The street address of said property is 111 West Manposa Avenue
Dated
Bellur K Devaraj
City Engineer
VERIFICATION
I, the undersigned, say, I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice
of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of
my own knowledge
I declare under penalty of perjury the foregoing is true and correct
Executed on 1999 at El Segundo, California
Bellur K Devarej
City Engineer
274
N \NOTICE'S\PW98.9 NOC (3124199)
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Acceptance of sidewalk replacement, handicap ramps, and new sidewalks on Grand Avenue - Project No
PW 97 -26 (final contract amount = $78,307 00)
RECOMMEND D COUNCIL ACTION:
Accept the work as complete
Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's
Office
INTRODUCTION AND BACKGROUND'
On August 18, 1999, the City Council awarded a contract to Hi Tech Pro Construction Company in the
amount of $73,310 00 for repair of sidewalks, construction of handicap ramps and new sidewalk on the north
side of Grand Avenue between Illinois Street and Sepulveda Boulevard
DISCUSSION:
All work has now been completed to the satisfaction of staff The final contract amount, based on actual
measured quantities of installed work, is $78,307 00 Budgeted funds are sufficient to cover this cost and
no additional appropriation is needed for this purpose
ATTACHED SUPPORTING DOCUMENTS-
Notice of Completion
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number.
Project Phase:
Appropriation Required:
$78,307.00
$110,000 00
Date:
Accept the work as complete I
470
NICOUNCIOPW- APR0603 (Monday 3/29/991000 AM) 14
In
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Sidewalk Replacement, Handicap Ramps, and New Sidewalk on Grand Avenue
Project No PIN 97 -26
Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that
1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter
described
2 The full name of the owner is City of El Segundo
3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the interest of the owner is Public street nght -of -way
5 A work of Improvement on the property hereinafter described was field reviewed by the City
Engineer on March 22, 1999 The work done was- Sidewalk and handicap ramp construction
6 On April 6, 1999, the City Council of the City of El Segundo accepted the work of this contract as
being complete and directed the recording of this Notice of Completion in the Office of the County
Recorder
7 The name of the Contractor for such work of improvement was HI Tech Pro Construction Company
8 The property on which said work of improvement was completed is in the City of El Segundo,
County of Los Angeles, State of California, and is described as follows Various locations
9 The street address of said property is
Dated
Bellur K Devaraj
City Engineer
VERIFICATION
I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice
of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of
my own knowledge
I declare under penalty of perjury the foregoing is true and correct
Executed on 1999 at El Segundo, California
Bellur K Devaraj
City Engineer
N \NOTICE S \PW97 -26 NOG (3/24419) 276
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Monthly lease agreement between the City of El Segundo and Industrial Contracting Engineers, Inc , to lease
a portion of City property at 630 South Douglas Street. (Annual revenue of $4,800 00)
RECOMMENDED COUNCIL ACTION:
Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City
INTRODUCTION AND BACKGROUND:
The City owns a '173 acre property located on the east side of Douglas Street, south of Alaska Avenue, which
was acquired by the City for extending Douglas Street, Since 1994, approximately 13,360 square feet of this
property has been leased to Eaton Corporation for parking purposes
DISCUSSION:
Within the area that is currently unleased, Industrial Contracting Engineers, Inc, has requested to lease
approximately 4,000 square feet of the City property. The leased area is proposed to be used for placing a
temporary trailer to accommodate a two (2) person office and parking The Department of Planning and
Building Safety has determined that the proposed use is consistent with the City zoning requirements The
proposed lease agreement is contingent upon the applicant obtaining a permit, prior to May 15, 1999, for the
trailer installation from the Department of Planning and Building Safety According to the City Municipal Code,
temporary trailers maybe permitted for a period not to exceed one (1) year The lease also provides for the
City to terminate the lease upon thirty (30) days notice
The current Eaton lease fee is approximately $1 20 /square foot/year The applicant has agreed to pay the
same fee rate which will result in a $400 /month fee for the proposed lease The agreement further provides
for an annual adjustment based on the Consumer Price Index commencing from January 1, 2000
The City Attorney has approved the proposed lease agreement as to form
ATTACHED SUPPORTING DOCUMENTS:
Proposed City of El Segundo - Industrial Contracting Engineers, Inc , lease agreement with map of area to be
leased
FISCAL IMPACT: Annual revenue of $4,800 00
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Protect/Account Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Date:
N 1COUNCIOPW-APR0604 (Tuesday 3130M 100 PM)
?77
15
CITY OF EL SEGUNDO
LEASE AGREEMENT
THIS LEASE, made this _ day of , by and between the CITY
OF EL SEGUNDO, CALIFORNIA, a municipal corporation (hereinafter referred to as
"LESSOR "), and INDUSTRIAL CONTRACTING ENGINEERS, INC (hereafter referred to
as "LESSEE ")
WITNESSETH
1 LESSOR does hereby lease to LESSEE and LESSEE does hereby
take from LESSOR certain premises located in the City of El Segundo, County of Los
Angeles, State of California, consisting of approximately four thousand (4,000) square feet,
immediately adjacent to Douglas Street, of a portion of Lot 22, Tract No 26557 as shown
on map recorded in Book 675, Page 97, in the Office of the County Recorder of the County
of Los Angeles, State of California, described as shown on attached Exhibit "A"
2 The term of this Lease shall be from month to month, commencing on
a date after the LESSEE has obtained the necessary permits from the Department of
Planning and Budding Safety, terminable by either party upon thirty (30) days prior written
notice to the other party In the event that such permits are not received by May 15, 1999,
then the term of the agreement shall not commence and the agreement shall be null and
void At the expiration of the term, or upon any earlier termination of this Lease, LESSEE
will quit surrender the premises herein leased, and the parties shall have no further rights
N WGREEMN"NDUSTCT LSE (3/30/99) 1
I} •
or obligations as to each other with respect to said Lease
3 For the period commencing on the lease start date and continuing
thereafter on a monthly basis until terminated, LESSEE shall pay as rent for said premises,
the sum of $400 00 in lawful money of the United States, payable in advance, on the first
business day of each and every month to LESSOR at 350 Main Street, El Segundo,
California 90245, unless otherwise directed in writing by LESSOR In the event this lease
commences on any day other than the first of the month, or terminates on any day other
than the last of the month, LESSEE shall pay to LESSOR a pro -rata share of the monthly
rental based upon actual days of occupancy
4 The monthly rent shall be adjusted annually commencing January 1,
2000, and annually thereafter, based on the Consumer Price Index for the Los Angeles
area
5 LESSEE acknowledges that it has received a copy of the conditions
enumerated in that certain deed dated January 11, 1968, by which LESSOR acquired title
to the property that is the subject of this Lease, and LESSEE agrees to comply with each
and every condition so imposed in said deed during its tenancy on the above - described
property LESSEE has conducted its own title report and due diligence and is not relying
on any representations or warrantees made by City
6 LESSEE agrees that access to the leased premises will be only from
Douglas Street LESSOR and LESSEE agree that the intended purpose of this Lease is
to provide a two (2) person office trader and additional parking for vehicles and all other
uses shall be prohibited LESSEE will be permitted to use existing driveways No new curb
cuts or ramps shall be installed by LESSEE
N 1AGREEMNTMNDUSTCT LSE (3/30199) 2
3 -7 �
7 LESSEE agrees to maintain the premises in a clean and sanitary
condition LESSEE shall not place or construct any buildings and /or structures on the
premises. At the termination of this lease, LESSEE shall return the premises to LESSOR
in the same or better condition as the premises were in as of the time of commencement
of this lease
8 LESSEE understands that LESSOR has acquired this property
primarily for the purpose of extending Douglas Street in the City of El Segundo to cross an
existing railroad track, and LESSEE agrees that, in the event LESSOR should require the
subject property for such relocation or for any other purpose solely under the LESSOR'S
discretion, LESSEE does hereby consent to LESSOR canceling and terminating this Lease
upon thirty (30) days written notice addressed to LESSEE LESSEE agrees to vacate the
said premises within the above thirty (30) day period and remove all LESSEE'S
installations prior to the termination of the Lease LESSEE may cancel and terminate
lease upon thirty (30) days written notice to the LESSOR
9 LESSEE shall procure and keep in effect during the term hereof a
combined single limit policy of $1,000,000 for bodily injury and property damage liability
LESSEE shall provide LESSOR with an endorsement and evidence of insurance which
provides for LESSOR, its officers, agents, and employees to be additional insured but only
In respect to the Leased Premises and which provides LESSOR with (30) days' notice of
any material change or cancellation of said insurance coverage, by registered mad
10 LESSEE shall not have the right to sublet or assign the whole or any
part of said premises, provided, however, that LESSEE may do so with the written consent
of LESSOR. Any such subletting or assignment shall not relieve LESSEE of any liability
N iAGREEMNTiINDUSTCT LSE (3/30/99) 3
a-/
or obligation under this Lease
11 Any notice from LESSOR to LESSEE shall be deemed duly served if
mailed by certified mail, return receipt requested, addressed to LESSEE at
Industrial Contracting Engineers, Inc
421 East Cerritos Avenue
Anaheim, California 92805
Attention: Mr Brian Silver
Telephone 714- 491 -1317
Facsimile 714 - 491 -2833
Any notice from LESSEE to LESSOR shall be deemed duly served if mailed by certified
mail, return receipt requested, addressed to LESSOR at the address set forth in
Paragraph 3 hereof In each case, the customary certified mail return receipt shall be
conclusive evidence of such service Either party may change its address to which a
notice shall be sent by giving written notice of such change to the other party as provided
herein
12 LESSEE recognizes and understands that this Lease may create a
possessory interest subject to property taxation and that the LESSEE may be subject to
the payment of property taxes levied upon such interest
13 The terms of this Lease shall be binding upon and for the benefit of
the parties hereto, their respective successors, representatives and assigns
14 This lease represents the final agreement of the parties with respect
to the subject matter hereof and supersedes all prior written and oral agreements and
understandings of the parties with respect to the subject matter hereof
15 In the event that any litigation is commenced respecting the
N VIGREEMNTUNDUSTCT LSE (3/30/99) 4
';�Ssl
enforcement or interpretation of this LESSEE, the prevailing party shall be entitled to its
reasonable attorney's fees and costs
IN WITNESS WHEREOF, this Instrument has been duly executed as of the
day and year first above written
LESSOR CITY OF EL SEGUNDO, CALIFORNIA
Mike Gordon, Mayor
City of El Segundo
LESSEE INDUSTRIAL CONTRACTING ENGINEERS, INC
m
Brian Silver, Chief Financial Officer
ATTEST
Cindy Mortesen
City Clerk
(SEAL)
APPROV AS TO FORM /
Mark D nsley "
City Attorney
N WGREEMNIIINOUSTCT LSE (3/30/99) r�
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption
(Type 20- Off -Sale Beer & Wine) at a new Mobil gas station convenience store at 765 North Sepulveda
Boulevard (ABC 98 -4) Applicant RHL Design Group for the Motta Family Partnership - Mobil Oil Corporation
RECOMMENDED COUNCIL ACTION:
Determine whether or not the public convenience or necessity would be served by the issuance of the ABC
license, and provide input to the Director of Planning and Building Safety on the pending Administrative Use
Permit (AUP 98 -6 /EA -469) for alcohol sales at the new Mobil gas station convenience store
INTRODUCTION AND BACKGROUND
At its April 4, 1995 meeting, the City Council directed staff to bring all ABC license requests to them for review
On May 7, 1998, the Council directed the Police Department only, not the City council, to review ownership
transfer requests
On July 7, 1998, City Council considered a request (EA 441 /AUP 96 -5) for a Type 20 (Off -Sale Beer and
Wine) ABC license at the same location as this request and determined that the public convenience or
necessity would not be served by the issuance of an ABC license The applicants have submitted a new
request for the same type of license at the same location
Pursuant to Sections 23958 and 23958 4 of the State of California Business and Professions Code, the
Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if the issuance of the
license would tend to create a law enforcement problem or if the issuance would result in or add to an "undue
concentration" of licenses, unless the local governing body (i e , City Council) makes the determination that
public convenience or necessity would be served by the issuance of the license For this license request (off -
sale retail license), an "undue concentration" would apply if the applicant's premises is located within a crime
reporting district that has a 20 percent greater number of reported crimes than the City average or if the ratio
of off -sale retail licenses -to- population in the census tract which the applicant's premises is located, exceeds
the ratio of off -sale retail licenses -to- population in the County
ATTACHED SUPPORTING DOCUMENTS-
1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared
March 30, 1999, by the Planning Division
2) 1998 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police
Records Division
3) Administrative Use Permit Application
4) Letters from Law Offices of Joshua Kaplan, dated November 6, December 17, 1998, January 4, February
8, and February 26, 1999
3) Assembly Bill No 2897 - Business and Professions Code Section 23958 4
4) Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612 5
FISCAL IMPACT:
None.
Bret Blrnar�, AICP, erector of Planning and Budding Safety
BY:
289
ACTION TAKEN: proiects/ea- 441/ea441 ais
16
ABC 98 -4
City Council Staff Report
April 6, 1999
DISCUSSION:
According to the most recent ABC Crime and Arrests Statistics prepared by the Police Department, the
subject site is located in Reporting District (RD) 207, which in 1998 had a total of 32 Part I crime and arrests,
which was 23% higher than the City average The Police Department does not object to the issuance of this
license, as they are not aware of any unusual criminal activity in the area surrounding the store
The project site is located in Census Tract 6200 and using the 1990 census data, this tract has a population
of 6799 Based on the most current data from the ABC, there are 8 Off -Sale (Type 20 and Type 21) licenses
in this census tract for a license -to- population ratio of 1.850 On the contrary, the LA County average ratio
of license -to- population is 1 Type 20 and 21 license for every 1133 residents (1 1133) or 6 licenses for the
same license -to- population ratio Therefore, there is an "undue concentration" of licenses for this Census
tract in relation to the population, compared to the Los Angeles County average
Thus, because there is an undue concentration of crime as well as licenses in the area where the applicant's
premises is located, the City Council must make the determination that the public convenience or necessity
would be served by the issuance of this license, or else the ABC cannot issue the license
The proposed use is located in the General Commercial (C -3) Zone, and the retail sales of alcohol for off -site
consumption is considered an accessory use which requires approval of an Administrative Use Permit (AUP)
Approval of an AUP requires that evidence be presented to support findings which ensure the use is
compatible with the site and surrounding uses, is consistent with the Zone, is not detrimental to the public
health, safety and welfare, any potential impacts are compensated and an ABC license is issued The
applicant has applied for an AUP to allow off -site alcohol sales in accordance with Sections Nos 20.33 030
(B) and 20 72 of the El Segundo Municipal Code Currently Section No 20 72 allows the Director of Planning
and Building Safety to make decisions on AUP's and the Planning Commission Receives and Files the
decision There are two establishments within 300 feet of the subject site that currently have alcohol licenses,
however these are Type 41 (On-Sale Beer & Wine Eating Place) and Type 47 (On -Sale General Eating Place),
which are for on -site consumption only The applicant has indicated that the proposed hours for alcohol sales
are seven days per week between the hours of 8 00 AM and midnight The new convenience store would be
open 24 hours and it will have two in- store, take out only, food service uses (Vie de France and TCBY frozen
yogurt) The applicant has also submitted list of 22 conditions of approval they agree to abide by It should
be noted that 14 of the 22 conditions proposed by the applicant are standard conditions imposed by the ABC
for sale of alcohol in conjunction with the sale of gasoline
The ABC review is a completely separate review process from the Citys AUP process, with mandatory
findings that are regulated by the State Department of Alcoholic Beverage Control The ABC runs complete
background checks on all applicants, as well as conducting site inspections, prior to issuance of any type of
license
P Proiects/ea- 441/ea441 ais
285
CITY OF EL SEGUNDO
Types of Alcoholic Beverage Control (ABC) Licenses
Counted Toward "Undue Concentration" Calculations
I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY
License
Number
Type
of Licenses
Type 41
18
On -Sale Beer and Wine Eating Place - Restaurant
Operation Minors Permitted
Type 42
3
On -Sale Beer and Wine Public Premises - Food not
required Minors Not Permitted
Type 47
14
On -Sale General Bona Fide Eating Place - Restaurant
operation Beer, Wine and Distilled Spirits Minors
Permitted
Type 48
1
On -Sale General Public Premises - Cocktail Lounge.
Minors Not Permitted
Type 51
1
Club - Veterans or Other
Type 57
1
Club - Entertainment Allowed
Type 70
1
General Restrictive - Hotel
TOTAL 39
II. OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY
License Number
Type of Licenses
Type 20 7- Off -Sale Beer and Wine
Type 21 7 Off -Sale General - Beer, Wine and Distilled Spirits
TOTAL 14
(Includes new proposed Mobil Convenience store at 765 N Sepulveda Boulevard, Type -20
License)
P proiects/ea- 469 /sa469abc cal
Update 3/30/99
286
CITY OF EL SEGUNDO
City's ABC Licenses
Counted Toward "Undue Concentration" Calculations
(Using 1990 Census Data)
Census Tract
Population
On -Sale
County Average
On -Sale
El Segundo Ratio
6200 6201
East of Sheldon West of Sheldon - North of El Segundo
6799 8426
1 971 1 1053
7 Licenses 8 Licenses
1 378 1:421
18 Licenses- 20 Licenses - "undue concentration"
"undue concentration"
Off -Sale 11133
County Average 6 Licenses
1 1204
7 Licenses
Off -Sale 1850 11405
El Segundo Ratio 8 Licenses - 6 Licenses - no "undue concentration"
"undue concentration"
(Any extra fraction of a license is rounded up)
(Includes new Convenience store at 601 South Vista del Mar Type 20 license)
P projects/ea- 469 /ea469 -abc cal
Updatel /12198
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CITY OF EL SEGUNDO
CITY MAP
2
7
ABC CRIME AND ARREST STATISTICS
BY REPORTING DISTRICTS (RD)
1998
RD
PART I CRIMES
ARRESTS
TOTALS
PERCENT +/-
101
35
15
50
92
102
18
13
31
19
103
07
09
16
-38
104
18
04
22
-15
105
10
01
11
-58
106
07
02
09
-65
107
63
32
95
265
108
12
26
38
46
109
04
04
08
-69
110
08
03
11
-58
111
02
17
19
-27
'
30
35
65
150
113
23
26
49
88
114
01
06
07
-73
115
05
05
10
-62
116
01
12
13
-50
201
20
07
27
04
202
08
15
23
-12
203
10
11
21
-19
204
19
09
28
08
205
16
02
18
-31
206
15
05
20
-23
207
21
11
32
23
208
24
03
27
04
2Uv
29
11
40
54
210
35
11
46
77
211
30
05
35
35
..
212
34
18
52
100
301
21
12
33
27
302
25
04
29
12
303
15
15
30
15
304
02
05
07
-73
305
10
08
18
-31
306
08
02
10
-62
307
00
03
03
-88
308
40
20
60
131
309
11
02
13
-50
310
10
01
11
-58
311
18
02
20
-23
312
04
00
04
-85
313
09
09
18
-31
314
61
10
71
173
315
08
07
15
-42
316
14
02
16
-38
317
14
17
31
19
318
27
17
44
69
319
52
12
64
146
320
09
07
16
-38
321
07
00
07
-73
322
08
01
09
-65
323
07
01
08
-69
324
00
12
12
-54
TOTALS
885
487
1372
Number of Report Districts = 52
Average # of Part I Crimes per Reporting District = 17
Average # of Arrests per Reporting District = 9
Average # of Crimes and Arrests per Reporting District = 26
289
11
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290
Property Owner:
The Motta Famil
Cry ol �'PSS,,,do
DEPARTMENT OF PLANNING
AND BUILDING SAFETY
350 Main Street
El Segundo, CA 90245
APPLICATION FOR AN (310) 322 -4670
ADMINISTRATIVE USE PERMIT
A.U.P. No. jh r--k-fir; q
Date: 12/23/98
1513 E. Elm Avenue El Segundo, CA (310) 224.0235
Note Property Owner's signature is required on reverse side.
Applicant (if different from property owner)
RHL Desion Grouo, 1201 South Beach Blvd . La Habra, CA 90631 (562) 902 8026
Name Address Phone Attn: Bob Superneau
Property Location:
765 Sepulveda Blvd., El
CA (S/W corner of Sepulveda and Ma
Zoning: C -3 ✓ General Plan Land Use Designation:
Request Under the provisions of Chapter 20 72 of the E1 Segundo Municipal Code, application for
consideration of an Administrative Use Permit for the above described property.
1 Describe in detail the entire proposed project (type of construction, materials to be used, uses
involved, i e , bank, general office, industrial, restaurant, etc.) buildings and other equipment
necessary to the project
The scope of the proposed project will be the demolition of an existing 912 S.F "Mobil Mart"
snack shop budding and the construction of a new 3,386 S.F. Mobil "On The Run' convenience
store The convenience store will be open 24 hours and will contain two take -out restaurant
joint venture, Vie de France express bakery and deli, and TCBY frozen yogurt. The
convenience store will also sell groceries, snack items, and beverages; including beer and
wine for off -site consumption
The new convenience store will be of a hexagonal shape and will be constructed from state of
the art materials and will comply with the latest building and safety codes. The exterior will be
finished in vertically applied durable vinyl siding The roof will be clad in teal concrete roof tiles
291
.r
DEC 3 u
J� � �
�n 0i ll
f ✓
Property Owner:
The Motta Famil
Cry ol �'PSS,,,do
DEPARTMENT OF PLANNING
AND BUILDING SAFETY
350 Main Street
El Segundo, CA 90245
APPLICATION FOR AN (310) 322 -4670
ADMINISTRATIVE USE PERMIT
A.U.P. No. jh r--k-fir; q
Date: 12/23/98
1513 E. Elm Avenue El Segundo, CA (310) 224.0235
Note Property Owner's signature is required on reverse side.
Applicant (if different from property owner)
RHL Desion Grouo, 1201 South Beach Blvd . La Habra, CA 90631 (562) 902 8026
Name Address Phone Attn: Bob Superneau
Property Location:
765 Sepulveda Blvd., El
CA (S/W corner of Sepulveda and Ma
Zoning: C -3 ✓ General Plan Land Use Designation:
Request Under the provisions of Chapter 20 72 of the E1 Segundo Municipal Code, application for
consideration of an Administrative Use Permit for the above described property.
1 Describe in detail the entire proposed project (type of construction, materials to be used, uses
involved, i e , bank, general office, industrial, restaurant, etc.) buildings and other equipment
necessary to the project
The scope of the proposed project will be the demolition of an existing 912 S.F "Mobil Mart"
snack shop budding and the construction of a new 3,386 S.F. Mobil "On The Run' convenience
store The convenience store will be open 24 hours and will contain two take -out restaurant
joint venture, Vie de France express bakery and deli, and TCBY frozen yogurt. The
convenience store will also sell groceries, snack items, and beverages; including beer and
wine for off -site consumption
The new convenience store will be of a hexagonal shape and will be constructed from state of
the art materials and will comply with the latest building and safety codes. The exterior will be
finished in vertically applied durable vinyl siding The roof will be clad in teal concrete roof tiles
291
that add durability and beauty.
In addition to the new convenience store new planters, paving, sign program, and landscape,
per City requirements, shall be provided to complement the entire site development
The existing fuel canopy, underground storage tanks, and fuel dispensing units will not be
altered or added to
Please consider the following as justification of public convenience or necessity of the finding
required by the Department of Alcoholic Beverage Control pursuant to Section 23958 4 of the
Business and Professions Code
The courts have traditionally defined Public Convenience as being that which is convenient to
the customers and potential customers of a licensee. The term incorporates the character and
appearance of the location and not dust the fact of availability of beer and wine If the City of El
Segundo can determine that, overall, a newly remodeled, clean, well lit, safe, modern facility
will enhance the neighborhood, then public convenience will be served according to the
Courts
Mobil Oil Company is an established, responsible and safe retailer that prides itself on having
a strong record of adherence to all the required laws and statutes for the off -site sale of
alcoholic beverages Moreover, Mobil Oil Company has designed a convenience store that
allows for safe family oriented shopping This is achieved by facing all windows towards the
intersection, allowing passing motorists a direct view into the facility The cashiers are located
near the facility entrance, and security cameras will be placed throughout the interior and
exterior, to further promote safety
Mobil Oil Company's security program also includes 24 -hour employee observation of the
facility, which is backed up with enhanced video recording equipment Further, this site will
have much improved lighting over the surrounding businesses and what has existed at this
location previously The improved lighting will discourage unlawful activities and help create a
safer environment
Mobil Oil Company's On The Run convenience stores are spacious, clean, lighted and modern
retail stores with over 3,000 inventory items The general public has become accustomed to
having a choice of certain items in this type of market, such as; dairy products, fast food, staple
groceries, automotive products, diapers, ice and beverages, including beer and wine for off -
site consumption Furthermore, this facility will provide the traveling public or nearby residents
with the only 24 -hour convenience store within a half mile of the intersection of Maple and
Sepulveda
The concentration statistics provided by the ABC do not provide a truly accurate picture
Census Tract 6200 00 is a large geographic census tract which is bordered on the east by
Aviation, on the south by Rosecrans, on the between Rosecrans and El Segundo by the
Pacific Ocean and between El Segundo and Imperial by Sheldon, and on the north by Imperial
Highway According to the information we obtained from ABC, the number of licenses allowed
in census tract 6200.00 is six and there currently are six issued licenses
Attached is a list of the six off -sale licenses in census tract 6200.00 based on research derived
from ABC's database However, the number of licenses allowed in a census tract is based on
292
the population in a census tract and does not account for the commercial activity that takes
place in the census tract. Since Census Tract 6200.00 is predominantly commercial, the influx
of individuals to the immediate vicinity surrounding the proposed site substantiates the need
for a full service convenience store, including beer and wine
There are no similar convenience stores within a half -mile of the proposed location Although
there is a liquor store located at 630 N. Sepulveda Blvd., Unit G, which is south of our site, the
two store formats are dramatically different. The difference in the size of the stores is
significant, the liquor store at most is 1200 square feet, while the proposed Mobil Oil
Company's On The Run convenience store is 3,386 square feet The product mix of the liquor
store is dominated by alcoholic beverages, including distilled spirits, in contrast to the Mobil Oil
Company's On The Run convenience store, where the sale of beer and wine is incidental, with
less than 15% of the floor space dedicated to beer and wine sales The Mobil Oil Company's
On The Run convenience store includes soda fountains, fast food items, public rest rooms and
more extensive grocery and non -food offerings than in the liquor store In addition, Mobil Oil
Company's On The Run convenience stores do not carry adult magazines or other "adult"
materials that are common in liquor stores. To the north on Sepulveda, there are no
convenience stores south of LAX, similarly, there are no convenience stores to the east or
west on Maple, within the City of El Segundo
Mobil Oil Company believes in being a good neighbor to the community and prefers to build
sites that incorporate the best design possible for the property. The remodel will benefit the
community by incorporating additional landscaping and other developmental features, which
will better integrate the property with the surrounding area Moreover, the On The Run
convenience store will be the most convenient place for the residents located to the west of the
facility to shop
In accordance with state law, Mobil Oil Company will not display any alcohol - related
advertising at the fuel islands No illuminated (i e. neon) alcohol advertising will be located in
the windows or on the storefront. No beer or wine will be sold from ice tubs and employees on
duty between the hours of 10 p m. and 2 a m. who sell beer and wine shall be at least 21 years
of age There will be signage located on site in prominent locations indicating that
consumption of alcoholic beverages on the premises is prohibited and that 24 -hour
surveillance by closed circuit video monitor is being used. Litter will be removed from the
premises daily and graffiti, if it occurs, will be removed within 48 hours.
In addition, Mobil Oil Company recognizes the seriousness of loitering, delinquency, crime and
underage drinking. Therefore, Mobil Oil Company On The Run convenience stores have
developed stringent operational standards and training programs to teach techniques for the
lawful selling of alcoholic beverages Also, Mobil Oil Company maintains close and direct
contact with the local community in an effort to solve problems before they occur
In summary, public convenience will be served by Mobil Oil Company On The Run
convenience store providing a safe, full - service convenience store and service station for the
residents and visitors of El Segundo The approval of this project is paramount to the overall
enhancement of this intersection and in actuality will not unduly increase the number of
alcoholic beverage licenses in this census tract.
Finally, recognizing that the sale and service of alcoholic beverages at any location in any
293
community, no matter how responsible and community sensitive the operator may be, has the
possibility of a perceived adverse impact, applicant voluntarily agrees to limit the parameters of
any grant of authority herein by the 22 "Conditions of Operation" which are attached hereto
and incorporated by reference as though set forth hereat in full. Applicant agrees that any such
conditions shall be incorporated into and imposed upon any grant of authority herein
2 Describe the existing development on the site. Include square footages and uses of each
Budding on the site.
Currently the existing site (lot 4 /parcel 3) consists of a Mobil self serve vehicle fueling station
and Mobil Mart snack shop (snack shop- 912 S F fuel canopy -2580 S F.) on the Northern
portion of the site Existing fuel system contains six fuel dispenser units, four underground
storage tanks and concrete tank slab Miscellaneous minor structures include a metal storage
shed, pole sign and CMU trash enclosure.
On the Southern portion of the site is an existing single story retail budding approximately
3,968 S F. containing, a Barber shop, a Travel Agency, and a Automobile Parts store with a
three service bay auto repair On this portion of the site there is also a 250 gal underground
waste oil tank, 10,000 gal underground storage tank, six hydraulic automobile hoists, and an
existing pole sign
3 Explain in detail why this particular site is especially suited for the proposed development
As described in the project description above, the scope of the project is an expansion of an
existing use The existing Mobil vehicle fueling facility will be expanded to include a larger
upgraded convenience store and new site work to include, landscape, signage and paving
Because this is an expansion of an existing use, the impact on the community will be minor in
that the use is existing
The expanded convenience store will provide a larger variety of groceries, snacks, and
beverages to include the sale of beer and wine for off site consumption to the surrounding
community Also within the store will be two point venture take out restaurant chains
As part of Mobil's expansion the older buildings on site (Mobil Mart, and Auto Part's store), that
have begun to deteriorate and need repair, will be demolished The proposed improvements
will also eliminate the auto repair service By eliminating the auto repair use this development
will become a more environmentally clean operation The use of solvents and other chemical
cleaning agents and lubrication products will seize The two existing waste oil tanks and six
hydraulic hoists will be removed and the soil cleaned and freed of any soil contamination due
to tank seepage if deemed necessary by local authorities
The Mobil expansion will provide an improved streetscape, with coordinated and planned
landscape improvements, a newly constructed state of the art Convenience store, and the
elimination of existing multiple pole signs, and deteriorating structures
4 Describe how the proposed project relates to the development of adjacent properties and
the immediate area and will not have detrimental effects to the adjacent properties or
294
Neighborhood
This proposed expansion will continue to provide the same vehicle fueling services that the
community has grown to expect, as the fuel canopy and fuel- dispensing system will remain
unchanged The convenience store will be increased from a 912 SY building to a 3,386 S.F
building providing an expanded variety of products to the surrounding community. Items sold
will include an increased variety of groceries, snacks, and beverages to include beer and wine
for off site consumption. The point venture restaurants within the store will serve food for take-
out Through the Mobil expansion the existing auto repair shop (on the South portion of site) will
be demolished providing an environmentally safer operation overall. The use of waste oil
tanks, cleaning solvents, lubricants, and chemical agents will no longer occur Since the
vehicle fueling services will not be altered or increased and the use of cleaning chemicals and
lubricants eliminated, the surrounding environment will benefit
Overall the proposed Mobil expansion will provide a safer environment by the elimination of the
use of harmful chemicals, and will provide an expanded variety of products and services from
the construction of the new Mobil convenience store to the surrounding community
295
OW -:R'S AFFIDAVIT
1, (We) am(are) the OWNER(S) of
the property involved in this application, I(we) have familiarized myself (ourselves) with the rules
and regulation of the City of El Segundo with respect to preparing and filing this application, and the
information on all documents and all plans is true and correct to the best of my(our) knowledge and
belief.
-T1/r/ /2.34- 98
liners signature a e owner's Signature Date
OWNER'S AUTHORIZATION
/tea,.
I hereby authorize AMAn�rr . ~ to act for me in all matters relevant to
this application I understand that this person will be the primary contact on the project and will be
sent all information and correspondence
Owner's Signature Date
APPLICANT AFFIDAVIT
1 (We) iZA L. 9Gs4 cg�4 45rKa'P am(are) the
APPLICANT(S) of the property involved in this application, I(we) have familiarized myself
(ourselves) with the rules and regulation of the City of El Segundo with respect to preparing and
filing this application; and the information on all documents and all plans is true and correct to the
Applicant's 5ignature Date
296
LAW OFFICES OF
JOSHUA KAPLAN
SUITE 430
9171 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA 90210
13101 278 -1920
FAX 13101 27B -9366
November 6, 1998
Ms. Jane Frledkin
1521 East Elm Avenue
E1 Segundo, CA 90245
Re: Application of Mobil Oil Corporation for Off -Sale
Beer and Wine License at 765 Sepulveda Boulevard
(Property Owner: The Motta Partnership)
Dear Ms. Friedkin:
Please allow me to introduce myself. I have been retained
as counsel to Mobil Oil Corporation in connection with its re-
application to the City of El Segundo for authority to demolish
and totally rehabilitate the above referenced site to establish
a one -stop, all - inclusive convenience store location which,
hopefully, will include authority to sell beer and wine products
for off -site consumption only. It is my understanding that you
have previously expressed some opposition to this project. I
therefore take the liberty of communicating with you now in an
effort to ascertain your specific concerns and, hopefully, to
address same to your satisfaction.
Preliminarily, please know that Mobil would operate a
spacious, clean, well - lighted and modern retail store at the
location with over 3,000 inventory items. These would include
dairy products, prepared food, staple groceries, automotive
products, health and beauty aids, etc. The beer and wine
products would constitute less than 15% of the total floor space
dedicated to all of these other items. It would thus certainly
not be the primary item of sale. However, in order to maintain
low and competitive pricing of the entire spectrum of products,
beer and wine is necessary as a profit center within the general
product mix. I am sure that you are aware that there is really
no other such location in the immediate area and, this being
unique, we believe it would satisfy the public convenience.
297
Ms. Jane Friedkin
November 6, 1998
Page 2
Notwithstanding our belief and desire,
that this location must be limited in the
operation in order to insure that it has no
impact. In that regard, we have formulated
of operation which we would intend to have
permit authority which might be granted in the
we well recognize
parameters of its
adverse community
some 22 conditions
imposed upon any
future.
Would you be kind enough to take some time and review these
conditions and then contact me so that we might discuss your
concerns and hopefully mitigate same, if we have not done so
already by these conditions?
I very must look forward to working with you to resolve
this matter.
Very truly yours,
JO A KAPLAN
JK:RSK
Encl.
cc: Wayne Watkins
Bob Superneau
Robert Motta
298
LAW OFFICES OF
JOSHUA KAPLAN
SUITE A30
9171 WILSHIRE BOULEVARD
BEVERLY HILLS CALIFORNIA 90210
13101 276 -1920
FAX 13101 278 -9366
December 17, 1998
Laurie B. Jester, Senior Planner
City of El Segundo
Department of Planning &
Building & Safety, Planning Division
350 Main Street
El Segundo, CA 90245
RE: AUP Application
and Mobil Oil Co
Sepulveda Blvd.,
& Wine Authority
Dear Ms. Jester:
of the Motta Family Partnership
for Property Located at 765
E1 Segundo, CA - Off -Sale Beer
Please incorporate this letter into and make it a part of
the above referenced Application for an Administrative Use
Permit in that it summarizes the applicants' legal position
regarding the issue of "public convenience olr necessity" and the
issues under E1 Segundo Municipal Code §20.72.045.
With regard to §20.72.045, please be advised of the
following:
1. There is compatibility of the particular use on the
particular site in relationship to other existing and
potential uses within the general area in which the use is
proposed to be located. The proposed use is located in a
general commercial (C -3) zone and the limited retail sale
of beer and wine for off -site consumption is considered an
accessory use which is not proximate to any other sensitive
uses within the general area such as religious
institutions, schools, residences, etc. Additionally,
there are two establishments in the area that currently
have on -sale alcohol licenses which allow for on -site
consumption only. The instant application is obviously
thus compatible and yet unique to the area
DEC 3 0
299
Laurie B. Jester, benior Planner
December 17, 1998
Page 2
2. The proposed use is consistent and compatible with
the purpose of the zone in which the site is located
because it is within a general commercial (C -3) zone.
3. The proposed location and use and the conditions
under which the use would be operated or maintained would
not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in
the City. Please see the 22 Conditions of Operation
voluntarily proposed by applicant and please scrutinize the
matters set forth in response to Paragraph 1 of the
application in this matter.
4. Potential impacts that could be generated by the
proposed use, such as noise, smoke, dust, fumes, vibration,
odors, traffic and hazards, have been recognized and
compensated for. Please see the above materials.
5. The State Department of Alcoholic Beverage Control
has issued or will issue a license to sell alcohol to the
applicant. We fully expect the Department to do so once
the City has declared that the application satisfies the
public convenience or necessity pursuant to California
Business S Professions Code §23958.4.
Under California Business S Professions Code § §23958 and
23958.4, the Department may deny an application for license
authority if issuance would result in or add to an undue
concentration of licenses. However, notwithstanding that
authority, the Department may still issue a license "if the
local government body of the area in which the applicant
premises are located determines that public
convenience or necessity would be served by the issuance."
We respectfully submit that licensing this location would
indeed satisfy the public convenience or necessity as we have
set forth in response to Paragraph No. 1 of the application
filed herein.
For guidance in this area, we necessarily turn our attention
to Sepatis v. Alcoholic Beverage Control Appeals Board, (1980) 110
Cal. App.3d 93, 167 Cal.Rptr. 729. In that matter, the Court of
Appeal held that a finding by the Department that the proposed
premises for the sale of alcoholic beverages "will appeal to all
300
Laurie B. Jester, Senior Planner
December 17, 1998
Page 3
segments of the community including many residents and business
people in the area who are presently reluctant to enter other . .
. [licensed locations] . . . in the vicinity" was supported by
substantial evidence and established "the public convenience"
sufficiently for a license to be granted even despite the fact
that it was located in an area of undue concentration. This
finding demonstrates the elasticity of the "public convenience or
necessity" formulation. For the Court held that since the
evidence demonstrated that there were no protests received from
the churches or schools in the area of the proposed location (just
as there are none in the instant matter) and since the applicant
testified that he intended to tailor his operation to the
specialized needs of the local community (just as we have
declared), the record established "public convenience or
necessity" as a matter of law' Obviously, this decision is
compellingly controlling authority with regard to the instant
matter. For as the Court held, supra, 167 Cal.Rptr., 732 -733:
"The real problem stems from the fact that neither
the statute nor the Department's rules contain any
definition of the term 'public convenience or
necessity' as that term is used in Section 23958
nor do they indicate just what criteria . . . are
denoted by that concept. And case law from other
contexts provides scant guidance. The Supreme
Court has observed that the phrase public
convenience and necessity' (arguably more
restrictive because of the conjunctive)' cannot be
defined so as to fit all cases . . . its meaning
must be ascertained by reference to the context and
to the objects and purposes of the statute in which
it is found.'
" leaving public necessity aside, it is
certainly not unreasonable to suggest that public
convenience may be served by the character of
particular premises."
It is therefore respectively submitted that the aforesaid
authority unequivocally teaches us that mere "undue concentration"
does not disqualify a location from holding authority to dispense
alcoholic beverages if it satisfies the "public convenience" and
that there must be an evidentiary basis demonstrating that there
will be a measurable adverse impact from the licensed location
upon the community before licensing authority can be denied.
301
Laurie B. Jester, Senior Planner
December 17, 1996
Page 4
Additionally, these cases teach us that "public convenience or
necessity" is indeed established by a showing by an applicant that
its proposed operations will be specially tailored to the needs of
the local community and will be conditioned to preclude any
adverse impact thereon.
It is respectfully submitted that we have precisely such a
context in this matter and that the City may not constitutionally
bootstrap its decision nor create a circular and closed universe
in making its determination herein. That is to say, the City may
not simply declare that the application does not satisfy the
public convenience simply because the applicant site is in an area
of undue concentration. The entire legal thrust of the Code
context of this matter mandates an independent analysis of public
convenience without any regard whatsoever to the issues of undue
concentration. For if the applicant site meets the public
convenience, undue concentration in the area does not preclude
issuance of a license as a matter of law!
We respectfully commend to you and the City the merits of
this application.
Very truly yours,
JOSHUA KAPLAN
JK:RSK
302
CONDITIONS OF OPERATION
1. Sales and service of alcoholic beverages shall be
permitted only between the hours of 8:00 A.M. and 12 Midnight,
seven days per week.
2. Any graffiti painted or marked upon the premises or on
any adjacent area under the control of the licensee shall be
removed or painted over within 48 hours of discovery.
3. There shall be no coin or video games maintained upon
the premises at any time.
4. The licensee shall be responsible for maintaining free
of litter, the area adjacent to the premises over which licensee
has control.
5. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
6. There shall be no cups, glasses or similar receptacles
commonly used for the drinking of beverages sold, furnished or
given away at the premises in quantities of less than twenty -
four in their original multi - container package.
7. There shall be no more than one exterior advertising
sign promoting or indicating the availability of alcoholic
beverages in the premises.
B. There is maintained upon the premises a building or
other suitable enclosed structure to be licensed and all sales
of alcoholic beverages shall be made from within the licensed
enclosure.
9. No alcoholic beverages shall be sold to any person while
such person is in a motor vehicle.
10. The sale and delivery of alcoholic beverages shall be
made to persons who are within the licensed premises only and
not through a pass -out window, or a slide -out tray to the
exterior of the premises.
1
Wd DEC 3 U-
303
Conditions of Operation
Page 2
11. Alcoholic beverages offered for sale at the licensed
premises shall be displayed and available for convenient
inspection and purchase within the premises by the general
public.
12. Licensee shall not permit any loitering on any property
adjacent to the licensed premises under the control of the
licensee.
13. Noise from inside the subject facility shall not be
audible beyond the subject facility.
14. Licensec shall conduct the premises at all times with
due regard for the peaceful and quiet enjoyment of the
surrounding community and adjacent property users.
15. The premises and its parking facility shall maintain
lighting which shall be bright enough for identification of
persons but shall not be so intrusive as to interfere with
adjacent property users.
16. All employees involved with sales of alcohol to
customers shall enroll annually in ABC or law enforcement
approved alcohol service training to monitor and identify
potentially intoxicated patrons and /or minors in order to
prevent the sale of alcohol to such.
17. The telephone number of a responsible party shall be
available from the cashier in the premises in the event of any
difficulties or disturbances or complaints regarding the
operation of the subject facility.
18. Signs shall be prominently posted in English and the
predominant language of the facility's clientele and a notice
shall be placed therein that California state law prohibits the
sale of alcoholic beverages to persons who are under the age of
twenty -one years and no such sales will be made.
19. No beer and wine shall be displayed within five feet of
the cash register or the front door unless it is in a
permanently affixed cooler.
20. No display or sale of beer or wine shall be made from
an ice tub.
304
Conditions of Operation
Page 3
21. No beer or wine advertising shall be located on motor
fuel islands.
22. Employees on duty between the hours of 8:00 A.M. and
12:00 Midnight shall be at least 21 years of age to sell beer
and wine.
DATED: r, MOBIL OIL CORP.
By:
305
LAW OFFICES OF
JOSHUA KAPLAN
SUITE 430
9171 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA 90210
(310) 278 -1920
PAX (310) 278 -9366
January 4, 1999
Ms. Jane Friedkin
1521 East Elm Avenue
E1 Segundo, CA 90245
Re: Application of Mobil Oil Corporation for Off -Sale
Beer and Wine License at 765 Sepulveda Boulevard
(Property Owner: The Motta Partnership)
Dear Ms. Friedkin:
I am sure you will recall that on November 6, 1998, I wrote
to you with regard to the above matter in an effort to meet and
confer regarding your concerns, if any, with regard to the above
project. I have heard nothing from you and would respectfully
request that you contact me at your very earliest convenience so
that we might, at least, make a reasonable, good faith effort to
address your concerns. Thank you for your anticipated
cooperation.
yours,
KAPLAN
JK:RSK
Ke:
LAW OFFICES OF
JOSHUA KAPLAN
SUITE ♦30
9171 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA 90210
13101 278 -1920
FAX 13101 278 -9366
January 4, 1999
Mr. Bill Mason
E1 Segundo Community Economic Council -
El Segundo Chamber of Commerce
427 Main Street
E1 Segundo, CA 90245
Mr. Darryl Heath
E1 Segundo Community Economic Council -
E1 Segundo Chamber of Commerce
427 Main Street
E1 Segundo, CA 90245
Re: Application of Mobil Oil Corporation for Off -Sale
Beer and Wine License at 765 Sepulveda Boulevard
(Property Owner: The Motto Partnership)
Dear Messrs. Mason 6 Heath:
Please allow me to introduce myself. I have been retained
as counsel to Mobil Oil Corporation in connection with its re-
application to the City of El Segundo for authority to demolish
and totally rehabilitate the above referenced site to establish
a one -stop, all - inclusive convenience store location which,
hopefully, will include authority to sell beer and wine products
for off -site consumption only. I therefore take the liberty of
communicating with you now in an effort to ascertain your
specific concerns and, hopefully, to address same to your
satisfaction.
Preliminarily, please know that Mobil would operate a
spacious, clean, well - lighted and modern
location with over 3,000 inventory items.
dairy products, prepared food, staple
products, health and beauty aids, etc.
products would constitute less than 15% of
dedicated to all of these other items. It
retail store at the
These would include
groceries, automotive
The beer and wine
the total floor space
would thus certainly
307
Mr. Bill Mason
Mr. Darryl Heath
January 4, 1999
Page 2
not be the primary item of sale. However, in order to maintain
low and competitive pricing of the entire spectrum of products,
beer and wine is necessary as a profit center within the general
product mix. I am sure that you are aware that there is really
no other such location in the immediate area and, this being
unique, we believe it would satisfy the public convenience.
Notwithstanding our belief and desire, we well recognize
that this location must be limited in the parameters of its
operation in order to insure that it has no adverse community
impact. In that regard, we have formulated some 22 conditions
of operation which we would intend to have imposed upon any
permit authority which might be granted in the future.
Would you be kind enough to take some time and review these
conditions and then contact me so that we might discuss this
matter and hopefully receive your support and assistance.
I very much look forward to working with you to resolve
this matter.
Very truly yours,
JOSHUA KAPLAN
JK:RSK
Encl .
308
LAW OFFICES OF
JOSHUA KAPLAN
SUITE 430
9171 WIL =MIRE BOULEVARD
BEVERLY MILLS, CALIFORNIA 90210
13101 278 -1920
FAx 13101 278 -9366
February 8, 1999
E1 Segundo Residents' Association
P. O. Box 231
E1 Segundo, CA 90245
Attn: Eric Johnson
Re: Application of Mobil Oil Corporation for Off -Sale
Beer and Wine License at 765 Sepulveda Boulevard
(Property Owner: The Motto Partnership)
Dear Mr. Johnson:
Please allow me to introduce myself. I have been retained
as counsel to Mobil Oil Corporation in connection with its re-
application to the City of El Segundo for authority to demolish
and totally rehabilitate the above referenced site to establish
a one -stop, all - inclusive convenience store location which,
hopefully, will include authority to sell beer and wine products
for off -site consumption only. I therefore take the liberty of
communicating with you now in an effort to ascertain your
specific concerns and, hopefully, to address same to your
satisfaction.
Preliminarily, please know that Mobil would operate a
spacious, clean, well - lighted and modern retail store at the
location with over 3,000 inventory items. These would include
dairy products, prepared food, staple groceries, automotive
products, health and beauty aids, etc. The beer and wine
products would constitute less than 15% of the total floor space
dedicated to all of these other items. It would thus certainly
not be the primary item of sale. However, in order to maintain
low and competitive pricing of the entire spectrum of products,
beer and wine is necessary as a profit center within the general
product mix. I am sure that you are aware that there is really
no other such location in the immediate area and, this being
unique, we believe it would satisfy the public convenience.
309
E1 Segundo Residents' Association
February 8, 1999
Page 2
Notwithstanding our belief and desire, we well recognize
that this location must be limited in the parameters of its
operation in order to insure that it has no adverse community
impact. In that regard, we have formulated some 22 conditions
of operation which we would intend to have imposed upon any
permit authority which might be granted in the future.
Would you be kind enough to take some time and review these
conditions and then contact me so that we might discuss this
matter and hopefully receive your support and assistance.
I very much look forward to working with you to resolve
this matter.
Very truly
JK:RSK
cc: Bob Superneau
310
By Messenger
LPW OFFICES OF
JOSHUA KAPLAN
SUITE 430
9111 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA 90210
13101 218 -1920
FAX 13101 210 -9366
February 26, 1999
City Council
City of E1 Segundo
350 Main Street
E1 Segundo, CA 90245 -0989
Re: Application of Mobil Oil Corporation
(the Motta Family Partnership) at
765 Sepulveda Boulevard for Authority
to Dispense Beer & Wine Products for
Off -Site Consumption
Dear Members of the City Council:
Enclosed herewith, please find Applicant's Memorandum.
Please consider this in connection with the Application set to
be heard on March 2, 1999.
Very truly yours,
JO/UA�KAPLAN
JK:RSK
Encl.
311
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constitute substantial evidence establishing "the publi
convenience or necessity" sufficient for a license to b
granted notwithstanding the fact that it is located in an are
of undue concentration. This decision demonstrates th
elasticity of the "public convenience or necessity
formulation. For the teaching of the court is that such i
established where the Applicant demonstrates an intention t
tailor its operation to the demonstrable specialized needs c
the local community. That is precisely what is intended i
this matter.
Mobil Oil Corporation is an established, responsible an
community- sensitive retailer that prides itself on having a
impeccable record of compliance with all applicable state an
local regulations for the off -site sale of alcoholic beverage
at all of its other locations. Moreover, after exhaustiv
study and operational experience, Applicant has the design fo
a convenience store that allows for secure, friendly an
convenient family oriented shopping.
Applicant will operate its "on the run" convenience stor
as a spacious, clean, lighted and modern retail store with ove
3,000 inventory items. These will include dairy products, fas
food, staple groceries, automotive products, diapers, ice an
beverages, including beer and wane for off -sate consumptic
(but not other alcohol). There is simply no other convenienc
store like it within the immediate area of Mobil's location.
-3-
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While Mobil is aware of the fact that the area appears t
(potentially be an area of undue concentration, the statists
do not provide a truly accurate picture. Census tract 6200.
lis a very large geographic census tract.
The tract
predominately commercial, the influx of individuals to
immediate vicinity surrounding the proposed site is alrea
substantial and this supports the need for a full serve
convenience store at the location.
Notwithstanding that the sale of beer and wine products
absolutely necessary for the economic viability of the store
it is anticipated that it will be an incidental item with les
than 15% of the floor space dedicated to such. However,
order for Mobil to maintain competitive pricing of its of
products, beer and wine is a necessary profit center.
IV. COMMUNITY OUTREACH.
As is demonstrated by the attached letters, Applicant
made every possible good faith effort to reach out to, con
land consider the reasonable input of the local communi
concerning this project. Unfortunately, however, with the
exception of one telephonic expression of support from W. T.
(Bill) Mason of the E1 Segundo Chamber of Commerce, Applicant
Chas received no responses whatsoever to this outreach eff
hand thereby concludes that there is no substantial commune
opposition to this application. Please see the
icorrespondence:
-4-
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5
6
7
e
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1. Exhibit "B" is a November 6, 1998, letter from
Applicant's counsel to Ms. Jane Friedkin who
previously expressed some opposition to this project.
However, Ms. Friedkin never responded to this letter.
2. Exhibit "C" is a follow -up letter dated
January 4, 1999, from Applicant's counsel to Ms.
Friedkin. Once again, no response was received from
Ms. Friedkin.
3. Exhibit "D" is a letter dated January 4, 1999,
from Applicant's counsel to the E1 Segundo Community
Economic Council. Response was received on January
15, 1999, from Mr. Bill Mason who expressed support
for Applicant's project.
4. Exhibit "E" is a letter dated February 8,
1999, from Applicant's counsel to the E1 Segundo
Residents' Association. No response has been received
from that Association.
V. OTHER ISSUES ARE ADDRESSED IN THE APPLICATION.
Please see the Application in this matter filed on o
about December 30, 1998, which Applicant respectfully submit
addresses all outstanding and relevant issues concerning thi
matter.
VI. CONCLUSION.
With a $1,000,000.00 investment in remodeling an
rehabilitation of the site in question; with an assurance c
-5-
314
1!
2
J
4
5
6
7
a
9
10
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22
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24
25 1
employment of members of the local community at this new site;
with 22 conditions limiting the parameters of the operation;
with the operation controlled by an experienced, responsible
and community- sensitive corporate organization, Applicant
respectfully submits that the grant of authority to dispense
beer and wine products herein would indeed satisfy the public
convenience and would have absolutely no adverse impact upon
the local community.
DATED: February 26, 1999 RESPECTFULLY SUBMITTED,
J014" KAPLAN
315
CONDITIONS OF OPERATION
1. Sales and service of alcoholic beverages shall be
permitted only between the hours of 8:00 A.M. and 12 Midnight,
seven days per week.
2. Any graffiti painted or marked upon the premises or on
any adjacent area under the control of the licensee shall be
removed or painted over within 48 hours of discovery.
3. There shall be no coin or video games maintained upon
the premises at any time.
4. The licensee shall be responsible for maintaining free
of litter, the area adjacent to the premises over which licensee
has control.
5. No alcoholic beverages shall be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
6. There shall be no cups, glasses or similar receptacles
commonly used for the drinking of beverages sold, furnished or
given away at the premises in quantities of less than twenty -
four in their original multi - container package.
7. There shall be no more than one exterior advertising
sign promoting or indicating the availability of alcoholic
beverages in the premises.
8. There is maintained upon the premises a building or
other suitable enclosed structure to be licensed and all sales
of alcoholic beverages shall be made from within the licensed
enclosure.
9. No alcoholic beverages shall be sold to any person while
such person is in a motor vehicle.
10. The sale and delivery of alcoholic beverages shall be
made to persons who are within the licensed premises only and
not through a pass -out window, or a slide -out tray to the
exterior of the premises.
316
Conditions of Operation
Page 2
11.
Alcoholic beverages offered
for sale
at the
licensed
premises
shall be displayed and
available
for convenient
inspection and purchase within the
premises
by the
general
public.
12.
Licensee shall not permit any loitering
on any
property
adjacent
to the licensed premises
under the
control
of the
licensee.
13. Noise from inside the subject facility shall not be
audible beyond the subject facility.
14. Licensea, shall conduct the premises at all times with
due regard for the peaceful and quiet enjoyment of the
surrounding community and adjacent property users.
15. The premises and its parking facility shall maintain
lighting which shall be bright enough for identification of
persons but shall not be so intrusive as to interfere with
adjacent property users.
16. All employees involved with sales of alcohol to
customers shall enroll annually in ABC or law enforcement
approved alcohol service training to monitor and identify
potentially intoxicated patrons and /or minors in order to
prevent the sale of alcohol to such.
17. The telephone number of a responsible party shall be
available from the cashier in the premises in the event of any
difficulties or disturbances or complaints regarding the
operation of the subject facility.
18. Signs shall be prominently posted in English and the
predominant language of the facility's clientele and a notice
shall be placed therein that California state law prohibits the
sale of alcoholic beverages to persons who are under the age of
twenty -one years and no such sales will be made.
19. No beer and wine shall be displayed within five feet of
the cash register or the front door unless it is in a
permanently affixed cooler.
20. No display or sale of beer or wine shall be made from
an ice tub.
317
Conditions of Operation
Page 3
21. No beer or wine advertising shall be located on motor
fuel islands.
22. Employees on duty between the hours of 8:00 A.M. and
12:00 Midnight shall be at least 21 years of age to sell beer
and wine.
DATED: r, MOBIL OIL CORP.
By:
318
Assembly Bill No. 2897
4904M . i
An act to amend Section 23958 of, and to add Section 23958.4 to,
the Business and Professions Code, relating to alcoholic beverages.
[Approved by Governor September 19,1%4 Filed vnth
Secretary of State September 20, 1994.1
LEGISLATIVE COUNSEL'S DIGEST
AB 2897, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Existing law provides that the Department of Alcoholic Beverage
Control may deny an application for a license if the issuance would,
among other things, result in or add to an undue concentration of
licenses, and the applicant fails to show that public convenuence or
necessity would be served by the issuance. Existing regulatory law
defines "undue concentration" with regard to applications for
on -sale and off -sale retail licenses.
This bill would instead require the Department of Alcoholic
Beverage Control to deny an application if issuance would tend to
create a law enforcement problem, or would result in or add to an
undue concentration of licenses. The bill would change the
definition of undue concentration, and would provide that,
notwithstanding the requirement that the department deny an
application that would result in or add to an undue concentration of
Licenses, a license may be issued with respect to a nonretail license,
a retail on -sale bona fide eating place license, a retail license issued
for a hotel, motel, or other lodging establishment, as defined, a retail
hcense issued in conjunction with a beer manufacturer's license, or
a winegrower's license, if the applicant shows that public
convenience or necessity would be served by the issuance, and with
respect to any other license, if the local governing body of the area
in which the applicant premises are located determines that public
convenience or necessity would be served by the issuance.
The people of the State of Calfforms do enact as follows.
SECTION 1. Section 23958 of the Business and Professions Code
is amended to read:
23958. Upon receipt of an application for a license or for a transfer
of a license and the applicable fee, the department shall make a
thorough investigation to determine whether the applicant and the
premises for which a license is applied qualify for a license and
whether the provisions of this division have been complied with, and
shall investigate all matters connected therewith which may affect
the public welfare and morals. The department shall deny an
319
94 Ito
Ch. 630 —2—
application for a license or for a transfer of a license if either the
applicant or the premises for which a license is applied do not qualify
for a license under this division.
The department further shall deny an application for a license if
issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue
concentration of licenses, except as provided in Section 23958.4.
SEC. 2. Section 23958.4 is added to the Business and Professions
Code, to read:
23958.4. (a) For purposes of Section 23958, "undue
concentration_' means the apphcant premises for an original or
premises -to- premises transfer of any retail license are located in an
area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting
district that has a 20 percent neater number of reported comes. as
defined in subdivision (c), than the average number of reported
comes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
(2) As to on -sale retail license applications, the ratio of on -sale
retail licenses to populati. in the census tract or census 'vision m
w is the applicant premises are located exceeds the ratio of on -sale
retail licenses to population in the count= in w c the apphcant
premises are located.
(3) As to off -sale retail license applications, the ratio of off -sale
retail licenses to population in the census tract or census division =
w c e app scant premises are located exceeds the ratio of off -sale
premises are iocarea.
(b) Notwithstanding Section 23958, the department may issue a
license as follows:
(1) With respect to a nonretail license, a retail on -sale bona fide
eating place license, a retail license issued for a hotel, motel, or other
lodging establishment, as defined in subdivision (b) of Section
25503.16, a retail license issued in conjunction with a beer
manufacturers license, or a winegrower's license, if the applicant
shows that public convenience or necessity would be served by the
issuance.
12) With respect to any other license, if the local governing body
of the area in which the applicant premises are located determines
that pubhc convenience or necessity would be served by the
issuance.
ic) For purposes of this section, the following definitions shall
applv:
!1) "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
unincorporated area of a county) , that are identified by the local law
enforcement agency in the compilation and maintenance of
statistical information on reported crimes and arrests.
94 140 320
-3— Ch. 630
(2) "Reported crimes' means the most recent yearly compilation
by the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Finance.
(5) "Retail licenses" shall include the following:
(A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and
Type 21 (off -sale general).
(B) On -sale retail licenses. All retail on -sale licenses, except Type
43 (on -sale beer and wine for tram), Type 44 (on -sale beer and wine
for fishing party boat), Type 45 (on -sale beer and wine for boat),
Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale
general for tram and sleeping car), Type 54 (on -sale general for
boat), Type 55 (on -sale general for airplane), Type 56 (on -sale
general for vessels of more than 1,000 tons burden), and Type 62
(on -sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement).
(6) A "premises to prerruses transfer" refers to each license being
separate and distinct and transferable upon approval of the
department.
(d) For purposes of this section, the number of retail licenses in
the county shall be determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29, 1992,
whose premises were desaoyed or rendered unusable as a result of
the civil disturbances occurring in Los Angeles from April 29 to May
2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply where the premises have been
licensed and operated with the same type license within 90 days of
the application.
W
94 160
321
0.B98 /.Xcu uct.oDer Lb, 17DY coyc ..
In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
California 1993 -94 Regular Session
Enacted
ASSEMBLY BILL No. 2742
CHAPTER 629
Lee
An act to amend Sections 23987, 24013, and 24200 of, and to add
Section 25612.5 to, the Business and Professions Code, relating to
alcoholic beverages.
[Approved by Governor September 19, 1994. Filed with
Secretary of State September 20, 1994.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2742, Lee. Alcoholic beverages.
Existing law requires the Department of Alcoholic Beverage Control
to notify the appropriate sheriff, chief of police, district attorney,
-nd legislative body of an a lication sfer o a
uor lice and prohi s e Department of Alcoholic Beverage
won ro from issuing or transferring a license until at least 30 days
after these notices are provided.
This bill would re ire the De v t
to also of the license or
icense transfer application, and would allow any local law enforcement
agency that is so notified to request an extension of the 30 -day waiting
period for a period not to exceed an additional 20 days.
Existing law provides that gotests against the issuance of a liquor
license may be filed with the Department of Alcoholic Beverage Control,
as specified. Existing law permits the department to reject protests it
determines to be false, vexatious, or without reasonable or probable
cause, and permits a protestant whose protest has been rejected to file
an accusation with the department, as specified.
This bill would require
Control, if, after i`Fvesig
no wi hstanding a protest b
governing body of a city or
governing body in writing o
in conjunction wi a not
specified.
t on, t recommends that a license be issued
a public agency, a public official, or the
county, to notify the agency. official, or
its determination and the reasons therefor,
ce of hearing provided to the protestant, as
Existing law establishes various matters, including a licensee's
.ilure to take reasonable steps to correct a nuisance on the licensed
premises or other immediate areas within a reasonable time after receipt
of a notice pursuant to a specified statute, as grounds for the
322
I AB987.RCD Ur- ^.oDer 18, 1994 Page o -t
suspension or revocation of a liquor license.
This bill would, as provided, establish a licensee's failure, within
a reasonable time after specified notice, to take reasonable steps to
correct objectionable conditions that occur during business hours on any
public sidewalk abutting a licensed premises, as an additional ground
for revocation or suspension of a liquor license, except with respect to
certain specified licenses.
Existing law establishes certain regulatory requirements with
respect to alcoholic beverages, and provides that the violation of any
of those requirements shall be punished as a misdemeanor, unless
otherwise provided.
This bill would establish certain general operating standards that
are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which would be
punishable as a misdemeanor. By creating a new crime, this bill would
establish a state - mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 23987 of the Business and Professions Code is
amended to read:
23987. Upon the r c t b the de artment of an on final .o
appli_caio�n or any license or an app llca ion or transfer of any
icenT— se, written notice thereof, consisting of a copy of the
application, shall immediately be mailed by the department to the
sheriff, chief o olic nd district attorney of the locality in which
the premises are situated, to the cit or count cto ,
whoever has jurisdiction, the board o supervisors of the county in
which the premises are situated, if in unincorporated territory, and to
the city council or other governing body of the city in which the
premises are situated, if within an incorporated area.
No lice c_e sha77 by issued or transferred by the department until at
leas �30days after the mailing by the department of the notices r
r equire y this section. The department may extend the 30 -da eriod
specified in the preceding sentence for a period not to ex
d an
.additional 20 flaw, upon the written request of any local law
enforcement agency that states proper grounds for extension. Proper
grounds for extension are limited to the requesting agency or official
being in the process of preparing either a protest or proposed
conditions with respect to the issuance or transfer of a license.
.w.
SEC. 2. Section 24013 of the Business and Professions Code is
amended to read:
24013. (a) Protests may be filed at any office of the department at
any time within Sys from the first date of posting the notice of
3 23
AB987.RCD Ur finer lb, 1994 rage o -j
intention to engage in the sale of alcoholic beverages at the premises,
or within 30 days of the mailing of the notification pursuant to Section
X1985.5, whichever is later.
r
(b) te s t o made-by a
_The department maX reject
public a—qency or punllc olIlclal or pxwy -tm%.a mauc a,y �aac ......I
Of a y or county, if it determines the protests are false, vexatious,
or without reasonable or probable cause at any time before hearing
thereon, notwithstanding Section 24016 or 24300. If, after
nwthstanding ptt by a pu lc o ro agency, a public official, or the
governing body of a city or county, the department shall notify the
aggaay. official, or governing body in writln its and
he reasons therefor, in conjunction wi the notice of hearing provided
to the protestant pursuant to Section 11509 of the Government Code. If
the d rejects a protest as provided in this section and issue_,
a license a gstant whose protest has been rejected ^ av,_ within 10
a s a er the issuance of the license, file an accusation with the
department alleging the grounds of protest as a cause for revocation of
the license and the department shall hold a hearing as provided in
Chapter 5 (commencing with Section 11500) of Part I of Division 3 of
Title 2 of the Government Code. !
(c) Nothing in this section shall be construed as prohibiting or
restricting any right which the individual making the protest might have
to a judicial proceeding.
SEC. 3. Section 24200 of the Business and Professions Code is
ended to read:
24200. The following are the grounds that constitute a basis for
the suspension or revocation of licenses:
(a) when the continuance of a license would be contrary to public
welfare or morals. However, proceedings under this subdivision are not a
limitation upon the department's authority to proceed under Section 22
of Article XX of the California Constitution.
(b) Except as limited by Chapter 11 (commencing with Section 24850)
and Chapter 12 (commencing with Section 25000), the violation or the
causing or the permitting of a violation by a licensee of this division,
any rules of the board adopted pursuant to Part 14 (commencing with
Section 32001) of Division 2 of the Revenue and Taxation Code, or any
rules of the department adopted pursuant to the provisions of this
division, or any other penal provisions of law of this state prohibiting
or regulating the sale, exposing for sale, use, possession, giving away,
adulteration, dilution, misbranding, or mislabeling of alcoholic
beverages or intoxicating liquors.
(c) The misrepresentation of a material fact by an applicant in
obtaining a license.
(d) The plea, verdict,
-ontendere to any public o
:deral law prohibiting or
possession, or giving away
liquors or prohibiting the
containers charged against
or judgment of guilty, or the plea of nolo
Pfense involving moral turpitude or under any
regulating the sale, exposing for sale, use,
of alcoholic beverages or intoxicating
refilling or reuse of distilled spirits
the licensee.
324
AH987.RCD Oc oer 18, 1994 rage c -4
(e) Failure to take reasonable steps to correct objectionable
conditions on the licensed premises, including the immediately adjacent
area that is owned, leased, or rented by the licensee, that constitute a
nuisance within a reasonable time after receipt of notice to make those
corrections from a district attorney, city attorney, county counsel, or
the department, under Section 373a of the Penal Code. For the purpose of
this subdivision only, "property or premises." as used in Section 373a of
the Penal Code includes the area immediately adjacent to the licensed
premises that is owned, leased, or rented by the licensee.
(f) Failure to take reasonable steps to correct objectionable
conditions that occur during business hours on any public sidewalk
abutting a licensed premises and constitute a nuisance, within a
reasonable time after receipt of notice to correct those conditions from
the department. This subdivision shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice upon its own determination, or upon a request
from the local law enforcement agency in whose jurisdiction the premises
are located, that is supported by substantial evidence that persistent
objectionable conditions are occurring on the public sidewalk abutting
the licensed premises. For purposes of this subdivision:
(1) "Any public sidewalk abutting a licensed premises" means the
publicly owned, pedestrian- traveled way, not more than 20 feet from the
premises, that is located between a licensed premises, including any
immediately adjacent area that is owned, leased, or rented by the
licensee, and a public street.
(2) "objectionable conditions that constitute a nuisance" means
disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public
urination, lewd conduct, drug trafficking, or excessive loud noise.
(3) "Reasonable steps" means all of the following:
(A) Calling the local law enforcement agency. Timely calls to the
local law enforcement agency that are placed by the licensee, or his or
her agents or employees, shall not be construed by the department as
evidence of objectionable conditions that constitute a nuisance.
(S) Requesting those persons engaging in activities causing
objectionable conditions to cease those activities, unless the licensee,
or his or her agents or employees, feel that their personal safety would
be threatened in making that request.
(C) Making good faith efforts to remove items that facilitate
—loitering, such as furniture, except those structures approved or
permitted by the local jurisdiction. The licensee shall not be liable
for the removal of those items that facilitate loitering.
(4) When determining what constitutes "reasonable steps," the
department shall consider site configuration constraints related to the
unique circumstances of the nature of the business.
(q) Subdivision (f) shall not apply to a bona fide public eating
place, as defined in Section 23038, that is so operated by a retail
on -sale licensee; a hotel, motel, or similar lodging establishment, as
325
AB987.RCD Or 3ber 18, 1994 Page b -o
defined in subdivision (b) of Section 25503.16; a wine growers license;
a licensed beer manufacturer, as defined in Section 23357; those same or
contiguous premises for which a retail licensee concurrently holds an
f -sale retail beer and wine license and a beer manufacturer's license;
those same or contiguous premises at which an on -sale licensee who is
licensed as a bona fide public eating place as defined in Section 23038,
a hotel, motel, or similar lodging establishment as defined in
subdivision (b) of Section 25503.16, a licensed beer manufacturer, as
defined in Section 23357, or a wine growers license, sells off -sale beer
and wine under the licensees's on -sale license.
SEC. 4. Section 25612.5 is added to the Business and Professions
Code, to read:
25612.5. (a) This section shall apply to licensees other than a
retail on -sale licensee who is licensed and operates as a bona fide
public eating place, as defined in Section 23038, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a wine growers license; a licensed beer manufacturer,
as defined in Section 23357; a retail licensee who concurrently holds an
off -sale retail beer and wine license and a beer manufacturer's license
for those same or contiguous premises; and a retail on -sale licensee who
is licensed and operates as a bona fide public eating place, as defined
in Section 23038, or as a hotel, motel, or similar lodging
establishment, as defined in subdivision (b) of Section 25503.16, a
licensed beer manufacturer, as defined in Section 23357, or a wine
growers license, who sells off -sale beer and wine under the on -sale
license on those same or contiguous premises.
(b) The Legislature finds and declares that it is in the interest of
the public health, safety, and welfare to adopt operating standards as
set forth in this section for specified retail premises licensed by the
department. The standards set forth in this section are state standards
that do not preclude the adoption and implementation of more stringent
local regulations that are otherwise authorized by law.
(c) Other than as provided in subdivision (a), each retail licensee
shall comply with all of the following:
(1) A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a -Place
that is clearly visible to patrons of the licensee. The size, format,
form, placement, and languages of the sign or signs shall be determined
by the department. This paragraph shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice only upon a request, from the local law
enforcement aaencv in whose -Jur gn—c -non the premises are oc� at a—, that
is supported by substantial evidence that there is loitering adjacent to
the premises.
(2) A prominent, permanent sign or signs stating "NO OPFN &I.COEOLIC
B INER'+ ARE ALLOWED ON THESE PREMISES" shall be postea in a
place that is c Carly visible to patrons of the licensee. The size,
f -rmat, form, placement, and languages of the sign or signs shall be
ermined by the department. This paragraph shall apply to a licensee
0141y upon written notice to the licensee from the department. The
department shall issue this written notice one upon a request, from the
local law enforcement aaencv 1n w ose �uris action a premises are
326
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING. Consent
AGENDA DESCRIPTION,
Request for City Council approval of Professional Services Agreement between the City of El Segundo
and Don Lewis, as Interim Assistant City Manager until an Assistant City Manager is hired
RECOMMENDED COUNCIL ACTION:
Approve Agreement
INTRODUCTION AND BACKGROUND:
At its March 16, 1999 meeting, the City Council approved shifting funding from the Human Resources
Director position to an Assistant City Manager who will be responsible for human resources functions,
among other duties It will take approximately three to four months to recruit for a permanent Assistant
City Manager
DISCUSSION
Until such time as a permanent Assistant City Manager is hired, it is requested to enter into an
agreement with an Interim Assistant City Manager for the purpose of performing human resource
functions
Public Service Skills, Inc, a not - for - profit organization sponsored by the League of California Cities and
the California State Association of Counties, was contacted to obtain a list of retirees from the human
resources profession Don Lewis was selected for this Interim post He will not be a candidate for the
permanent position Terms of the Agreement are for approximately 30 hours per week at $42 91 per
hour, with no benefits
ATTACHED SUPPORTING DOCUMENTS,
Form of Professional Services Agreement with exhibits
FISCAL IMPACT None
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested.
Project/Account Budget.
Project/Account Balance- Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
ORIGINATED Date:
mb \n Vewisstf
Manager ,I�— March 31, 1999
377
17
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this _ day of April, 1999, between
the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and
DON LEWIS 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 April 12, 1999. 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
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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 CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS Consultant shall
keep itself informed of applicable local, state and federal laws and regulations which may
affect those employed by it or in any way affect the performance of its services pursuant
to this Agreement Consultant shall observe and comply with all such laws and regulations
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
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E
5 COMPENSATION AND METHOD OF PAYMENT Compensation to the
Consultant shall be as set forth in Exhibit "B" 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 Exhibit "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
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necessary office supplies for Consultants 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 may be terminated with
or without cause by either party upon 30 days written notice. In the event of such
termination, Consultant shall be compensated for non - disputed fees under the terms of this
Agreement up to the date of termination
10 COOPERATION BY CITY All public information, data, reports, records, and
maps as are existing and available to City as public records, and which are necessary for
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a
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
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111
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
has any interest in, or shall they acquire any interest, directly or indirectly which will conflict
N WGREEMNT MST -6-
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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 UAGREEMNT MST -7-
334
11,
"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 WGREEMNT MST -8-
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_T
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 Reauirements 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 injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its
agents, representatives or employees Insurance is to be placed with insurers with a
current A M Best's rating of no less than A VII Consultant shall provide the following
scope and limits of insurance
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.
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(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 is used, either the general aggregate limit shall
apply separately to the activities related to this Agreement or the general aggregate limit
shall be twice the required occurrence limit
(b) Automobile Liability $1,000,000 per accident for bodily
injury and property damage
(c) Workers' Compensation and Employer's Liability.
Workers' Compensation as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident
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r
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 ansing 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
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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
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all
rights of subrogation against City, its officers, officials, employees and agents for losses
arising from work performed by Consultant for City.
C Other Requirements Consultant agrees to deposit with City, at or
before the effective date of this contract, certificates of insurance necessary to satisfy City
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
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I
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 1AGREEMNT MST
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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 pnor written consent of City
Any attempted assignment or substitution shall be ineffective, null, and void, and
constitute a material breach of this Agreement entitling City to any and all remedies at law
or in equity, including summary termination of this Agreement
19 MODIFICATION OF AGREEMENT The terms of this Agreement can
only be modified in writing approved by the City Council and the Consultant The parties
agree that this requirement for written modifications cannot be waived and any attempted
waiver shall be void
20 AUTHORITY TO EXECUTE The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he /she /they has /have the
N WGREEMNT MST
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R
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
Cit
Mary Strenn, City Manager
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 607 -2226
Consultant
Don Lewis
9532 Caithness Drive
Huntington Beach, CA 92646
(714) 968 -6987
The notices shall be deemed to have been given as of the date of personal
service, or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service
22. SEVERABILITY The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of the other provisions of this Agreement.
N 1AGREEMNT MST -15-
IF
IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
2
Title
CITY OF EL SEGUNDO
Wl
Title
ATTEST
Cindy Mortesen
City Clerk
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343
EXHIBIT A
SCOPE OF SERVICES
DATE ADOPTED- 03/16199
CITY OF EL SEGUNDO
ASSISTANT CITY MANAGER
DEFINITION
Under administrative direction of the City Manager, provides professional administrative assistance and
manages and /or coordinates administrative activities for the City Manager, represents the City on sensitive
community issues and serves as staff representative to committees, may act for the City Manager in his /her
absence, performs related duties as required
CLASS CHARACTERISTICS
This is a single position class in which the incumbent acts as Chief Assistant to the City Manager
This position is also responsible for the development and administration of assigned programs designed to
address primary areas of City service The incumbent is expected to exercise independent judgment, wisdom,
common sense, and initiative in establishing efficient and effective operations consistent with City Council
policies and administrative guidelines established by the City Manager The incumbent must also function
as a member of the City's management team and participate actively in addressing issues of concern to the
City which at times may not have a direct impact on areas of specialization
EXAMPLE OF DUTIES
Duties may includes, but are not limited to, the following
I Assists the City Manager in enforcing and administering the provisions, laws and ordinances
governing the City, assists in the development and revision of goals and objectives for submission
to the City Council
2 Prepares and submits to the City Manager various reports on the administrative activities of City
operations
3 Provides professional administrative and analytical assistance to the City Manager regarding City-
wide issues, programs, or operations
4 Prepares comprehensive reports, drafts, policies, operating procedures, administrative manuals,
ordinances, and resolutions, recommends appropriate alternatives and courses of policy action,
implements policies and procedures relating to the administrative activities of the City Manager's
office
5 Assists the City Manager in preparing the budget by analyzing and researching various expenditure
and revenue issues, and commenting on proposed departmental budgets, enhancement alternatives
and makes recommendations
6 Performs analysis of legislation and advises the City Manager of City impact, coordinates lobbyist
activities and represents the City on pending state and federal legislation
7 Conducts or directs, as assigned, project and program activities, manages projects of special concern
to the City such as Hyperion, LAX, and other highly sensitive programstprojects such as in economic
development, as assigned by the City Manager, administers contracts as assigned
344
ASSISTANT CITY MANAGER
Page 2
Participates in the development of goals and objectives for the City Manager's office, manages office
operations including the supervision of secretarial and clerical staff, plans, organizes and assigns
work, develops and establishes work methods and standards, conducts staff training and
development, reviews and evaluates employee performance
As assigned, represents the City in relations with the community, advisory committees, authorities,
other local, county, state, and federal agencies, other cities, and professional organizations, serves
on committees as assigned and represents the City in discussions regarding municipal operations
10 Responds to inquiries and provides information regarding City operations, policies, and procedures,
or refers to an appropriate authority
11 Supervises one or more departments and /or department heads
12 May act for the City Manager in his /her absence
13 Performs duties of or functions of Director of Human Resources /Risk Management
QUALIFICATIONS GUIDELINES
Education and /or Exoerience
Any combination of education and /or experience that has provided the knowledge, skills, and abilities
necessary for satisfactory job performance Example combinations include a bachelor's degree in public or
business administration Or a related field and five (5) years of progressively responsible experience in
municipal administration, including some experience in a supervisory capacity A master's degree in either
public or business administration is preferred and may be substituted for one year of the required experience
Knowledge. Skills and Abilities
Thorough knowledge of the theory, principles and practices of public administration and management, current
federal, state and local legislation and regulations pertaining to municipal management, budgeting, financial
management, personnel management and labor relations, municipal organization and programs, economic
development, local government relationships and community relations, administrative research, analysis and
statistics Ability to establish and maintain effective relationships with the community, City Council, public
officials and City staff, communicate effectively, both orally and in writing, interpret, apply and explain laws,
ordinances, policies and procedures, analyze and respond to sensitive administrative and organizational
problems, prepare and present complete well organized and local reports, stay abreast of changes and
developments in the field of municipal government and public administration, plan, organize and supervise
the work of assigned staff, may act for the City Manager in his/her absence.
Special Requirements
Possession of or ability to obtain a Class C California Driver's License and a satisfactory driving record
H %Wpd= Cls-spec rsry- mgrlasstcry mgr
345
M
Elected officials
Mike Gordon
Mayor
Sande Jacobs,
Mayor Pro Tern
Nancy Wernick
Councdmember
John G Games
Counc/member
Kelly McDowell,
Councdmember
Cindy Mortesen,
city Clerk
William Bus
City Treasurer
Appomted Officials
Mary Strenn,
City Manager
Mark Hensley,
City Attorney
Department Duectc,s
James Hansen
Economic Development
Biel Plumlee
Finance
Craig Pedego
Fue
Robert Hyland
Human Resources/
Risk Management
Debra Brighton
Interim Library
Biel B Bernard
PlannmgulBudding Safety
Tun Gnmmond
Pohce
Eduard Schroder
Pubhc Works
James Fauk
Recreation It Parks
March 19, 1999
EXHIBIT B
COMPENSATION
/ 1 /
Mr Don Lewis
9532 Caithness Drive
Huntington Beach, CA 92646
Dear Don
Mary Strenn, City Manager
As I indicated on the phone, the Council has approved shifting funding
from the Human Resources Director to an Assistant City Manager who will be
responsible for human resources functions It will take three or four months to
recruit for a permanent Assistant City Manager
I still have an interest in your serving as the Intenm Assistant City
Manager and overseeing the human resources functions However, it is necessary
for the City Council to approve an agreement I have had discussions with the
Council but, of course, cannot guarantee the post until Council approval on
April 6, 1999
The terms that we had discussed are
(1) Approximately 30 hours per week, with flexible start and end time
during the day to accommodate a commute. It is understood that
you would need to be available for Council meetings or other
meetings as requested
(2) Payment at the rate of $42.91 per hour (with no benefits)
(3) A start date of April 12, 1999
(4) Acceptance of the terms of the Professional Services Agreement
attached We had discussed the possibility of waiving some of the
insurance requirements
350 Main Street, El Segundo, California 90245 -0989
Phone (310) 607 -2226 FAX (310) 322 -7137
mstrennaa elseeundo.ore 346
In
Mr. Don Lewis
March 19, 1999
Page Two
I will be out of the City for the next week If you have any questions, please call
my Executive Assistant, Marlene Baker, at (310) 607 -2224.
I look forward to working with you
Sincerely
M trenn
City Manager
MS mb
Attachments. Job Description
Form of Professional Services Agreement
347
:41
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Request for Council approval to submit a joint grant application with the police departments of El Segundo,
Manhattan Beach and Redondo Beach to the Alcoholic Beverage Control to fund an education and
enforcement program designed to eliminate alcohol sales to youth in our communities
RECOMMENDED COUNCIL ACTION
Approve request
INTRODUCTION AND BACKGROUND:
The Department of Alcoholic Beverage Control is offering substantial grant monies to promote education
and enforcement programs concemmg the issues of illegal use and sales of alcoholic beverages In an
attempt to impact on -going occurrences of alcohol purchases by minors, the El Segundo, Manhattan Beach
and Redondo Beach Police Departments are proposing to join forces in task force fashion by applying for
grant funding to address violations in each of the three cities
DISCUSSION:
It is the intention of staff from these three police departments to submit application for grant funding to
A B C with the purpose of reincamatmg a successful program first brought to the South Bay area by the
Torrance Police Department in 1990 The program, dubbed "EASY ", an acronym for Eliminate Alcohol
Sales to Youth, is a multi -level education and enforcement program which is intended to enforce laws
prohibiting the sale of alcohol to minors Multi - jurisdictional efforts, which provide officers the opportunity
to train and work in cooperation with other agencies, are viewed favorably in grant funding It should be
noted that there are no matching funds required with this grant As is often the case, grant deadlines are
short and staff members have begun work on gathering facts and information required, in anticipation of
approval by Council If successful, grants should be awarded during the latter part of April, 1999
ATTACHED SUPPORTING DOCUMENTS:
Copy of grant application
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested: None
Project/Account Budget.
ProjectlAccount Balance. Date:
Account Number:
Project Phase:
Date: March 25, 1999
348 18
C All r R N IA
m.
—__
State of California
Department of Alcoholic Beverage Control
Grant Assistance to Local Law Enforcement Agencies Project
rto : . ,,r :tta1 . . ' a . a . &.
Name o A lica A e c nAB��?',, diltrol �Ai ,-- wsq,eo m=
��tt i"E
E��Segundo, �Aar�attao�eac�� �edondo Beach Police Departments .�� ��?��. ��;�.� ' ' �.�'��N
2. Description off Applicant Agency. (Provide a brief summary including history, size, staffing and
Theft Jcgund- ollce`UCpartment, estaDllsf1e0 in P , orris.)
oo vl�es service to a 65,000 daytime and a 15,000 resident
population with 69 sworn, 50 civilian and a command staff of chief, two captains, and five lieutenants. The Manhattan
Beach Police Department, established in 1892, has a command staff of chief, two captains and three lieutenants for 64
sworn and 37 civilian employees that provide services to a resident population of 35,000. The Redondo Police
Department, established in 1892, provides service to a resident population of 65,000 with 105 sworn and 53 civilian
employees led by a chief, two captains and four lieutenants.
3. City or County Served:
4. tip f ice Area:
��,�lau
El Segundo, Manhattan Beach, Redondo Beach
1 nigRUv350,�5� day
5. Project Description: (Summarize the proposed project plan covering the objectives, method of
The E� °egunRo; f�lan%'a an Beac`o an' f egontSo �eacRVo9 ct�ep�artm°eontsWOwi�p�omote a coordinated enforcement and
education program to demonstrate how interagency cooperation in implementing and sustaining a variety of
countermeasures, to include a minor decoy program, seminars for licensees and employees, ABC training, high school
presentations, the distribution of educational materials and the development of media activities can reduce alcohol sales
to minors and calls for service fit ABC licensed establishments, thus generating a new level of community awareness
beyond the level of each agency working alone.
6 Funds Requested:
7. Project Period:
$100,000 1
July 1 1999 — June 30, 2000
S. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the
responsibility to comply with all requirements stated in the Request for Proposals. The applicant
understands that ABC is not obligated to fund the project until the applicant submits correctly
completed documents required for the contract.
A. PROJECT DIRECTOR (person having
B. CHIEF OF POLICE OR SHERUT
day-to-day responsibility for the project)
(authorizing official)
Name Ray Chavez
Name. Tim Grimmond
Address 348 Main Street
Address 348 Main Street
Phone E1 Segundo, A 90245
E1 Segundo, CA 90245
Phone.
Fax (310) 32 14 t. 7 F 640 -8648
310 607 -2280
F
Signature.
Signature (20 7-9171
Title
Title Chief of olice
C. FISCAL OR ACCOUNTIN(; OFk1CIAL
, :; ,r.
Name Bret Plumlee
Nr i'
Address. 350 Main St.
E1 Segundo, CA 90245
i YY
Phone (310) 607 -2240
1''I
Fax (31(�
Signature
Title Finance Director
L. 4
ZI 1
PI OJECT N
. BACKGROUND
The Ell Segundo Police Department, established in 1917, is led by Chief Tim Grimmond, with two captains and five
lieutenants managing 69 sworn officers and 50 civilian employees The Department is comprised of Patrol, Traffic,
Investigations, Administration, Personnel, Records & Communications, Community Relabons Bureaus and an LA Impact
Team. El Segundo Police Department has participated with ABC and other agencies in one sting operation. The El
Segundo Police Department is willing to provide "host agency° services to this project An employee has been identified
to coordinate all aspects of the project to include report writing and scheduling.
The Manhattan Beach Police Department, formed in 1892, provides public safety with 65 police officers, 37 civilian
support staff, managed by two captains and three lieutenants under the command of Interim Chief Bill Ellis, The
Administration and Investigation segment of the Department includes Human Resources (Personnel & Training), Crime
Prevention, Investigation & Detectives, Jail Operations Narcotics, technical Services, Communications, Property and
Identification Services, Volunteer Program and School Resource Officers. The Field Operations manages Patrol, Traffic,
Parking Enforcement, Animal Control, K -9 Officers, SWAT, DARE and Reserves The Department is committed to
enhancing its current level of enforcement and education regarding ABC licensed establishments and the problems
associated with alcohol sales
The Redondo Beach Police Department, instituted in 1912, is staffed by 105 sworn officers, 53 non -swom personnel and
numerous volunteers under the leadership of Chief Mel Nichols with management support of two captains and four
lieutenants The Support Services Bureau houses Personnel & Training, Communications, Technical Services, Jail
Services, Management Services and Court Services. The Operations Bureau encompasses Patrol Division with Traffic,
Pier /Harbor Patrol, Reserves, Community Service and Canine The Investigations Division includes General & Special
ivesbgations, Crime Analysis and Crime lab services
The El Segundo, Manhattan Beach and Redondo Beach Police Departments all share similar mission statements that
reflect a value system dedicated to providing the best and finest police services to the members and visitors of their
respective communities Each is willing to go the extra mile to insure the safety of their citizens and to protect the quality
of life that exists in the South Bay This project has the full support and commitment from the Chiefs of Police and their
department members to successfully impact the issues of sales to minors and monitoring problem ABC licensed
establishments in each of their cities They are enthusiastic about the impact a multi- agency approach can have on
these issues and plan to continue this effort, with support from their communities, after the grant funding has been
expended.
2. PROBLEM STATEMENT
The El Segundo Police Department serves a 15,800 resident population made up of almost 7,000 households with a
median income of $23,000 within approximately 5.5 square mules. The daytime population swells to more than 65,000,
due to major companies such as Chevron Oil, Northrop - Grumman, Mattel, Raytheon, Unocal World Headquarters,
Bristol Farms Headquarters, Hughes Aircraft & Space Division and other aerospace- related industries. In 1998, officers
made 161 DUI arrests and handled 17 alcohol - involved traffic collisions. In 1998, the department responded to 35,845
calls for service and made a total of 2,747 arrests. The departments juvenile statistics for 1998 are 12 drunk in public
arrests, 6 minor in possession, 1 citation for sale of liquor to a minor and one DUI arrest There are 39 "on sale' and 13
"off sale" licenses issued to 52 establishments in the city boundaries.
-he City of El Segundo has evolved with residential land use starting at the Pacific Ocean and running east almost to
Sepulveda Boulevard, the arterial highway that joins all of the beach communities in the South Bay. Most of the
350
PROJECT NAIZRA'rIVE
community's industrial business complex lies along Sepulveda Boulevard and flows to the eastern border of the city. El
Segundo is bound on the north by LAX airport and to the south by Chevron Oil Refinery and Hughes/ US Air Force
Space Division. Further, Sepulveda Boulevard is the main thoroughfare for the whole South Bay region to access LAX
and experiences high volume traffic both night and day hours The restaurants and bars in elSegundo are many times
the first stop for food and drink for folk just getting off a flight. Residential complaints against ABC licensed
establishments are seldom received, due to most on sale and off sale businesses being segregated from the residential
population.
The primary problem with this separation of business and residential land use is that the sale of alcohol products to local
minors is attainable, due to the lack of casual observance by community residents who might be more inclined to make
the minors and business owners accountable Thus, there have been no complaints of any nature against specific ABC
licensed establishments, no calls for service and no arrests at these businesses. However, in 1998, when the
department conducted a sting operation with ABC, they netted a restaurant and a drug store selling alcoholic beverages
to minors The El Segundo Police Department believes this is the tip of the iceberg and that with proper training and
resources, they will be in a position to reduce the number of DUI collisions and arrests while educating the youth and
parents in their community about the problems related to alcohol use by minors.
The El Segundo Police Department has an excellent relationship with the Los Angeles County District Attorney's Office,
which prosecutes cases in the Inglewood Court. The District Attorney is very sensitive to filing and prosecuting cases
that relate to ABC issues and to any crimes related to youth El Segundo Police have made the District Attorney
cognizant of the proposal and they are committed to working with and welcome supporting this enforcement effort
The Manhattan Beach Police Department provides public safety to a night -time population of 35,000 residing in a little
over 3 &'/2 miles, made up of approximately 14,000 households with a median income of $39,000 Manhattan Beach is
home to the Manhattan Beach Mall, TRW, Ryleigh Film Studios, Hughes Aircraft, an upscale shopping /dining district and
a beach that hosted volleyball tournaments, increasing their total population to more than 100,000 on a typical weekend
In 1998, the department answered 18, 000 calls for service, made 2,000 arrests and issued 8,000 moving citations.
There are 110 ABC licenses issued in the City of Manhattan Beach There have been four establishments that have
required an inordinate amount of police services and have generated community complaints. Each establishment has
garnered an average of six calls for service since 01/03/99 Between 1997 and the first quarter of 1999, officers arrested
396 drivers for DUI and made 319 arrests at ABC - licensed establishments The department has participated in two sting
operations with ABC and other agencies
Officers who have responded to calls for service at ABC licensed establishments in Manhattan Beach indicated there is
inadequate supervision for the large crowds in these businesses. Further, when the management or owners of ABC
licensed establishments were informed of existing problems in their businesses, some locations showed little or no
reduction in the problems, in spite of Department monitoring and extra enforcement by DUI officers near the locations.
Finally, there are a large number of minors looking for something to do
Currently, the Manhattan Beach Police Department's cases are heard in the Torrance Court system. The District
Attorney's Office has a very good record of obtaining convictions on cases relating to the type of crimes ABC is targeting.
The Department has an excellent working relationship with the District Attorney's Office and has received favorable
feedback regarding Manhattan Beach's participation in this project
151
CT NAURA
,e Redondo Beach Police Department serves a resident population of 65,000 in approximately 28,000 households,
ith a median income of $26,230 in a service area of 6 35 square miles. There is a significant increase in the day and
ghthme population, due to attractions such as the Redondo Beach Pier, a manna, the South Bay Gallena (a premiere
lopping mall) and other favored retail /dining areas The Department answered 62, 373 calls for service, made 4,242
rests, 461 for DUI, and issued 12,929 moving citations in 1998.
sere are 185 ABC - licensed establishments Arrests at ABC establishments during 1998 were 289 with 86 at problem
cations Nine on sale establishments and six off sale locations have records of being disorderly, having complaints
ade and requiring heightened levels of police services The on sale locations generated 81 calls per location and the
f sale locations averaged 28 calls per location during the first three months of 1999. Ten of the 461 DUI arrests in
398 were for drivers under 21 years of age. There were three minor /decoy operations from 1/10198 — 3/24199 resulting
12 citations or arrests The sting operations revealed approximately 209/6 non - compliance with about one third of the
ty's licensees checked.
Again, the factors contributing to the problems are inadequate management and supervision in both on and off sale
locations with poor training for sales personnel. Redondo Beach also has large numbers of minors flocking to the beach
area seeking entertainment
Cases that are of interest to ABC are vigorously prosecuted by the City Attorney's Office in Redondo Beach. The City
Attorney is enthusiastic about the potential benefits this protect will bring to their city and is pleased to support the police
department's efforts.
anhattan Beach and Redondo Beach have similar, defining characteristics in that they experience a massive influx of
transients made up of tourists from out of the region, beach -going LA County residents, employees of local businesses
and area popular destination point for dining, movie going and club visiting Both communities have mixed use of
residential interspersed with commercial land use, explaining the higher number of recorded community complaints
against ABC licensed establishments
However, there are many grounds of commonality for the three communities. All are deeply committed to community -
based policing procedures, are sensitive to the needs of the residents and the transient visitors in their communities, are
actively promoting and participating in community partnerships with other agencies and organizations and take great
pride in keeping the cities they serve safe harbors in which to live, work and play. All three police departments
participate in the South Bay DUI Task Force, now in its second decade, providing special DI enforcement during the
winter holiday season and other holiday weekends Finally, all three communities support the South Bay Youth Project,
which advocates healthy lifestyles for youth and plans alcohol, tobacco and drug -free events and activities with the help
of educators, health providers and city agencies
Unfortunately, the high numbers of calls for service, DUI collisions and DUI arrests have had a tremendous impact on
existing personnel, particularly between the hours of 6 PM to 6 AM Los Angeles County has been impacted by the
closures related to the aerospace industry and thus, the amount of tax dollars returned to individual communities has
been negatively affected by the economy
2. PROJECT OBJECTIVES
The following objectives will be performed during the 12 months of this project
Train six officers, two from each agency on ABC enforcement tactics and strategies and the administrative
accusation process Officers will attend both training opportunities offered by ABC during the year.
352 3
A
2 Provide ABC quarterly briefings to each agency's sworn personnel regarding rules and regulations of the ABC Act
3 Conduct one L.E A D. seminar day, with a morning and afternoon session in each city for a total of six seminars in
the first quarter of the project, hosted by the Chamber of Commerce in each community
4 Conduct 12 Minor Decoy Sting operation nights on a rotation basis, four in each city in eight hour increments for a
total of 30 contacts with ABC licensed establishments each month.
5 Make a presentation on ABC issues at each of the high schools each quarter for a total of 12 program presentations.
6 Develop a clever poster campaign for distitbution throughout the South Bay area about alcohol sales to minors
7 Design and distribute a window decal warning for posting in every establishment that participates in the L.E.A.D.
training and IMPACT inspections regarding alcohol sales to minors.
8 Present briefings on the progress of the project to each of the Chambers of Commerce each quarter for a total of 12
9. Engage the media in the program and the sting operations through monthly press releases and alerts.
10. Hold a minimum of two press conferences to announce the project and to report on significant progress and
activities.
11 Develop a presentation utilizing videotape of the sting operations to use for training purposes and citizen awareness.
12 Evaluate the results of the project through a comparative study of pre - program data and number of arrests and
citations following a year of project enforcement, education and public information.
3. METHOD OF PROCEDURE
A. PREPARATION- Prior to the July 1 start date, the project coordinator will hold a planning meeting with potential
project participants to develop a theme for the poster, decal and other educational material requested through this
grant Vendors will be identified so that with notification of approval, the project will be functional by the end of
month one A press conference will be scheduled to announce the program. Community relations officers in the
three agencies will prepare invitations to all ABC licensed establishments to attend L.E A.D. training. Chambers of
Commerce leaders will be included in this phase of planning to help schedule the training dates in each community.
Officers dedicated to participate in the project will receive ABC training Local corporations will be briefed and
encouraged to support the project the project coordinator will develop operational plans to include targeted
licensees, scheduling for officers and explorer decoys and a 12 month schedule for enforcement A data - gathering
program will be established to collect statistical changes such as calls for service, citations written and arrests made
at problem locations during the project
B IMPLEMENTATION Officers will begin sting operations and conduct one sting activity monthly Briefings forsworn
personnel will begin School education/DARE officers will start quarterly presentations at each city's high school.
The media will be notified pnor to every enforcement, L.E A.D training and other significant project activities such as
posting the first window decal. All neighborhood watch groups will be briefed on the project and encouraged to
report any suspicious activity in or around ABC licensed locations. Surrounding communities will be briefed through
city manager meetings and police chief meetings on the progress of the project A wave of public information will be
generated each month prior to the scheduled enforcement operation. All contacts of public information, education
and enforcement will be documented and recorded for quarterly and final reporting purposes. Video captured at
establishments during sting operations will be offered for prosecution purposes and incorporated into a
framing /educational tape for use in community programs, cable TV and for police training and briefings. If the
purchase of the undercover -type video equipment is possible, the quality of information garnered will lend itself to a
superior educational experience for viewers and provide a most realistic depiction of what really happens when
minors attempt to purchase alcoholic products
353 4
METHOD OF EVALUATION The grant coordinator will gather all statistics and project documentation and develop
a comparative study between pre -grant statistics and post- funding results, will use all documentation of all activities
related to the project and create a final report.
D ABC LIAISON The ABC Southern Division will provide training for the six sworn personnel conducting enforcement
activities The local ABC office will provide two half day L E.A D. training opportunities in each of the three cities for
licensed establishment owners, managers and employees. ABC enforcement officers will participate on as many
decoy operations as they care to attend Due to the limited decoy operations shared with ABC in the past, all three
departments are looking forward to this joint effort and anticipate learning appropriate and effective techniques from
ABC personnel The three departments hope to forge stronger ties to ABC and develop a strong ongoing
relationship for future activities
E STATEMENT OF INTENT: It is the intent of the El SegundoPolice Department, the Manhattan Beach Police
Department and the Redondo Beach Police Department to incorporate and to continue to utilize the policies,
programs and skills developed through this project on a continuous basis Knowledge gained cannot be disavowed
and every person involved in this project will want to continue to make a difference in their community by promoting
the activities developed during this program.
354 5
BUDGET ESTIMATE (SAMPLE)
BUDGET CATEGORY AND LINE -ITEM DETAIL
COST
(Round all budget amoums to
A. Personal Services (salaries, overtime, and benefits)
nearest dollar)
2 Orr Positions per agency x 8 hrs per month x 12 months
$74,500
1 Orr crime scene investigator for videotaping and editing
6,500
1 Grant Director 4 hrs OfT per month x 12 months
1,500
TOTAL PERSONNEL SERVICES
$82,500
B. Operating Expenses
Posters
$ 3,000
Window decals
2,000
Certificates & incentives
3,000
Decoy buy money
1,000
Educational materials
3,000
TOTAL OPERATING EXPENSES
C. Equipment
Either one standard video setup for
$ 2,500
(or allowing a pilot program to test portable undercover video equipment
which would require a shift in budget estimates for a total of $8,000 or
to allow the 2,500 to be applied to the under cover equipment if the agencies
can raise the difference from local corporation donations)
TOTAL EQUIPMENT
$ 2,500
D. Travel Expense
Six officers to attend two ABC training conferences
$ 3,000
TOTAL TRAVEL EXPENSE
3.000
TOTAL BUDGET ESTIMATE, ALL CATEGORIES
$100,000
355
OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to
iccompltshmg the goals and objectives of the contract In the "Grant Funds" column, report the
ABC funds requested by category. In the "Other Funds" column, report all other funds available
to support the project by category Then calculate the totals by category in the 'Program Total'
column. Total each column down to arrive at the total program funds available. (Round all
budget amounts to the nearest dollar.)
(This form does not become part of the contract.)
356
BUDGET CATEGORY
GRANT
OTHER
PROGRAM
FUNDS
FUNDS
TOTAL
01€�ran�e�sonnevl1CeS
$82,500
$82,500
Crime Analysts (3)
$ 1,200
1,200
Community Relations Officers (3)
2,000
2,000
Dare /School Resources Officers (3)
3,000
3,000
Neighborhood Watch Coordinators (3)
3,000
3,000
Explorer Coordinator, Sgt (3)
12,960
12,960
Operating Expenses
Supplies
1,200
1,200
Radio/ undercover Cars for Decoy (6)
3,000
3,000
Feed Explorers 4 - 6 per decoy operation
360
360
Press Conferences 3
300
300
Educational & Incentive Items
12,000
12,000
Travel
Travel
3,000
3,000
City Vehicles
250
250
Equipment
Video Setup
2,500
2,500
Computer
100
100
Copying
500
500
Fax/Phone
500
500
TOTALS
$100,000
$28,370
$128,370
(This form does not become part of the contract.)
356
EL SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Request for Council approval and permission to use the badge artwork, shoulder patch and vehicle graphics
of the Ell Segundo Police Department on a new special edition "Hot Wheels" toy police car to be designed
and produced by Mattel, Inc
RECOMMENDED COUNCIL ACTION
Approve as requested
INTRODUCTION AND BACKGROUND:
Mattel, Inc is proposing to manufacture a "Hot Wheel' toy car version of an El Segundo Police unit They
are requesting permission to use the El Segundo Police Department name and a graphic image of our Police
badge and/or patch on product packaging This limited offer has been made and accepted by sixteen other
Police Departments across the United States It is anticipated that Kay -Bee Toys will distribute this line of
"Hot Wheels - Cop Rods" toy cars on a nationwide basis The City of El Segundo will not receive any profits
made from this production This opportunity will serve to enhance the community relations image of the El
Segundo Police Department
DISCUSSION:
The proposed contract with Mattel Inc has been provided to our City Attorney's office for review and is
attached There were no negative or adverse issues identified by the City Attorney concerning the
agreement A production pilot sample will be delivered to the Chief of Police for inspection and approval
pnor to actual production There is no fiscal impact to the city The City and Police Department will benefit
from the public relations and promotional value that will result
ATTACHED SUPPORTING DOCUMENTS:
Mattel contract re 1999 Special Hot Wheels "Police Series"
Correspondence from Chief Tim Gnmmond to David W Dillahunty, Mattel Legal Counsel
Mattel graphics sheets depicting toy and packaging design
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested: None
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes.,_ No
ORIGINATED: Date: March 25, 1999
Chief of
REVZ WED BY: Date: March 26, 1999
357
19
El Segundo Police Department
348 Main Street • El Segundo, California 90245 -3885
(310) 322 -9114 / (31 O) 607 -2266 • Fax: (310) 640 -8648
March 11, 1999 Tim Grimmond, Chief of Police
David W Dillahunty
Mattel Wheels Division
Mattel, Inc.
333 Continental Boulevard
El Segundo, CA 90245
Re: El Segundo Police Department Hot Wheel Toy Cars
Dear Mr. Dillahunty:
On behalf of the City of El Segundo Police Department, I want to express our excitement and
enthusiasm regarding the "El Segundo Police Department" Hot Wheels proposal contained in your
letter of March 10, 1999 to Officer Bill Sinko.
As requested in your letter, we are happy to provide a logo sheet of our vehicle logos, an official
uniform patch and official badge. Also, we will provide digital photos of the badge, patch, and unit.
You may use these materials in connection with the start of your design/development of this project.
In order for the City to proceed beyond providing the above materials, we will need to obtain the
approval of the F1 Segundo City Council. We anticipate obtaining this approval at the City council
meeting on April 6, 1999.
If I can be of any further assistance, please let me know. We look forward to working with you on
this exciting project.
,
C. Mayor and City Council
Mary Strenn, City Manager
Mark Hensley, City Attorney
358
imR 110 77 11-Of rK 'IMF ILL
VIA FACSIMILE: 310 - 607 -9171
March 10, 1999
Officer William Sinko
El Segundo Police Department
348 Main Street
EI Segundo, CA 90245
Re 1999 Special Hot Wheels "Police" Series
Dear Officer,
310 4>2 S249 TU 96079171 P.01 /01
DAVID W. DILLAHUNTY
Maffei, Inc.
333 Continental Blvd
El Segundo, CA 90245
(310) 252 -5863 Fox (310) 252 -5249
Mall Stop Mt -0020
Mattel, Inc is in the process of developing a new car series for our Hot Wheels line We are very
excited about this because we've already sold the concept into a major nationwide retailer.
You may be familiar with our previous series of authentic Pollee and Fire vehicles featured in
our Matchbox line this year Well Hot Wheel is about "Speed, Power and Performance" and our
new series will feature departmental graphics on very cool hot rod cars designed by Mattel (e.g a
Blown 1969 Chevy Camaro) This hot new series is titled "Cop Rods"
We would like to feature your department in our new series and we are requesting your
permission to do so. This is an excellent opportunity to create national exposure for your
department while providing the public the ability to collect and play with vehicles representing
one of America's finest in law enforcement departments
So if you desire to participate we request that provide authorization by sigiung below and faxing
this letter back to my attention Additionally Mattel will need a logo sheet of your vehicle logos,
an official uniform patch and official Badge We will return the patch and badge once we are
finished with them. But if any of these items are available on transparencies (film), it would
make the development process much easier Please send them by courier (UPS, Fed Ex) to my
attention and we will begin designing your departments Hot Rod'
Please sign and date below to hold you place in the development process It is first come, first
served If you have any questions, please do not hesitate to call me at 310 -252 -5863 My fax
number is 310 - 252 -5249
t y, r Approval is granted to Mattel to utilize the graphics
of the police department represented in this letter.
David W. Dil ahunty
Mattel Wheels Division Signature Date
�nmrxear 4y.
*+ TOTRL PAGE.01 +*
359
E1 Segundo Police Department
348 Main Street • El Segundo, California 90245 -3885
(310) 322 -91141 (31 O) 607 -2266 • Fax: (310) 640 -8648
March 11, 1999 Tim Grimmond, Chief of Police
David W. Dillahunty
Mattel Wheels Division
Mattel, Inc.
333 Continental Boulevard
El Segundo, CA 90245
Re: El Segundo Police Department Hot Wheel Toy Cars
Dear Mr. Dillahunty:
On behalf of the City of El Segundo Police Department, I want to express our excitement and
enthusiasm regarding the "El Segundo Police Department" Hot Wheels proposal contained in your
letter of March 10, 1999 to Officer Bill Sinko.
As requested in your letter, we are happy to provide a logo sheet of our vehicle logos, an official
uniform patch and official badge. Also, we will provide digital photos of the badge, patch, and unit
You may use these materials in connection with the start of your design/development of this project.
In order for the City to proceed beyond providing the above materials, we will need to obtain the
approval of the El Segundo City Council. We anticipate obtaining this approval at the City council
meeting on April 6, 1999.
If I can be of any further assistance, please let me know. We look forward to working with you on
this exciting project.
c: Mayor and City Council
Mary Strenn, City Manager
Mark Hensley, City Attorney
.160
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El SEGUNDO CITY COUNCIL MEETING DATE: April 6, 1999
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Authorisation To Retain William H Liskamm, FAIR, To Coordinate Civic Center Plaza Design Competition
RECOMMENDED COUNCIL ACTION
Authorize staff to enter into a contract to retain William H Liskamm, FAIR, to coordinate the Civic Center Plaza Design
Competition
INTRODUCTION AND BACKGROUND:
On June 2, 1998, the City Council approved and funded the Downtown Visioning Project As a result, the Downtown Task
Force, comprised of merchants, property owners, business leaders, and residents completed a report entitled "Developing A
Vision For Downtown El Segundo" which included several recommended actions to revitalize the area The report was
accepted and approved by the City Council on November 17, 1998 One of the reports key recommendations is to redevelop
the Civic Center Plaza area The redesigned Plaza will encourage more public events in the center of the downtown This
will increase the number of potential shoppers as well as provide an area for downtown promotional events In an effort to
encourage the highest level of public participation in designing the new Plaza, the Task Force recommended that a design
competition (or charette) be utilized
DISCUSSION:
Following the issuance of a Request For Proposals, staff interviewed two candidate firms on March 2, 1999 William H
Liskamm, FAIR, has conducted over 30 design competitions during his career His detailed proposal is attached Based upon
Mr Liskamm's proposal, the cost of the competition would be $30,000 (as opposed to the $20,000 originally estimated by
Gladstem & Associates) The additional cost is related to Mr Liskamm's basic fee of $10,000 and the actual costs of
conducting the charette Given Mr Liskamm's extensive experience and expertise, the recommended budget will foster a
professionally managed design development process This effort will create a design environment which will maximize
public involvement and foster the highest level of creativity in the development the new Plaza The end result will be a Plaza
which will best serve the needs of the residential and business communities
ATTACHED SUPPORTING DOCUMENTS:
Proposed Tasks, Schedule and Budget- Invited Charette Competition, March 25, 1999
FiSCAL IMPACT: $30,000
(Check one) Operating Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required -
X Capital Improvement. Budget:
$30,000
$225,000 (Civic Center Plaza Imorovements)
Date:
Yes— No_
TEf�+2G�N
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James Hansen, Director of Economic Development
Date:
REVIEWED BY: y� Date:
/S� _
Mary Strenn, City Manager I *7
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21. Request for Council to adopt Resolution opposing SBC/Pac Bell's
application for excessive rate increases and encourage SBClPac
Bell to withdraw its application until a time when consumers have
a competitive choice for their local services
Recommendation — Adopt Resolution.
366
21
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO OPPOSING PACIFIC
BELL'S 411 RATE INCREASE
WHEREAS, SBC /Pac Bell has applied to the California Public Utilities
Commission for permission to increase the charge of a local directory assistance
call from $0 25 up to a $110 This is a 340% increase In addition SBC /Pac Bell is
asking to raise the rate of an emergency break through call from $100 to $5.00,
and
WHEREAS, Public safety agencies such as police, fire and paramedic
services frequently use local directory assistance and emergency interrupt
services this would create a tremendous financial burden for these government
agencies, and
WHEREAS, the affect of these increases would dramatically impact the
elderly, those with physical disabilities and low income households and only
those with physical disabilities that file an exemption with SBC /Pac Bell would
be exempted, and
WHEREAS, SBC /Pac Bell controls over 97% of the local service markets it
serves, and
WHEREAS, unlike long distance information services, by virtue of
SBC /Pac Bell's monopoly there is no competitor that has as accurate and up -to-
date information as SBC /Pac Bell, and
WHEREAS, most consumers associate local directory assistance with the
numbers 411 not any other dial around number, and
THEREFORE be it resolved that the City of El Segundo strongly opposes
SBC /Pac Bell's application for these excessive rate increases We furthermore
encourage SBC /Pac Bell to withdraw its application until a time when
consumers have a competitive choice for their local services
PASSED, APPROVED, AND ADOPTED this 6th day of April 1999
Mike Gordon, Mayor
RESOLUTION NO
OPPOSING PACIFIC BELL'S 411 RATE INCREASE
PAGE NO 1 367
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 Resolution No 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 6th day of April 1999,
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
RESOLUTION NO 368
OPPOSING PACFIC BELL'S 411 RATE P INCREA 2
N
LA
22 Oral update report on downtown revitalization.
Recommendation — Receive report.
3f1),
22
21 Formation of subcommittee to review cost effectiveness of m-
house and/or contract city attorney services
Recommendation — Appoint subcommittee.
spa
23
24 Report on George Brett Day celebration on Apn124. 1999
Recommendation — Discussion and possible action.
24