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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 Irim- ) \ § \ w \ \ * -§ w2 & E � ) � § § w 203 § �< A !� \ 2S r )[ a - /\ § 2) _ )\ 2 a )3 rA {d ]( }) m m = }Ci 3 %z4t4 - )/ \ })j 43)|E «a#@! ) 2 i 203 N W a as Q F 20H Y W 4 O O h 00 N o0 a O O O Y d a C _ F m D v� vi vi U — �n y N N O N h O O O � — F o d d N — — N1 Vl V1 Yt — C 00 00 00 00 0o r r r oo ao — — w — o0 oz cz = ._. .. 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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 oRq4,t r 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- 207 03 -11 min PC Chair Wycoff seconded Passed 5 -0 ORq4tt r 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 208 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 209 03 -11 min PC 4 �Rq 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 O,pq �r 213 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 ��� G� �� aa� � cJ a a-- 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 ?55 -2- I 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 ?5r, -3- 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 !1 R 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 ?58 -5- I (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 ?59 -6- J 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 960 I (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 ISt3 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 ?62 -9- W (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 ?6i OL1� E 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 '64 P Uj 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 _12_ °65 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 '6q, -13- M 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 267 14- 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 -15- 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� y F ^ Z Z Q Z o P1 O .J y b r C-4 No W N i IL un .J a C V 0 a WE sz V96z LL W a oui >. N P Ln co o f>-' W U O D O Io v I N I :-,. /Z Sl N i j N cl O W I I N N W T t U) I W J z+ X -0 3 W I I(ji I 1 W I � � I N � I .09 'IOC I 7Q N y 3 I Q W 2 U S\1iono4 vi 1 �1S a I W i N Q w Q. W ' OQ CC / 283 N f J LL V W Y N 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 7 �A 1 _ - wage o g 11s ST owA vE 3 1 " . x"snnrE I # uom sr p G s e 3 Gi 8 ' + 11 w f c �" -11NAV g i 'z a O x 1 D /9AVMRq v., V ; U) y NOTTOSCPLE 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 w mw I I H a i w ; o w U � J U O a cn 0 _ O z z •r, O a w 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 1 2 3 7 r 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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- 312 1 2 3 9 5 6 7 B 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 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- 313 1 2 3 4 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 11 12 13 14 15 16 17 18 19 20 21 22 23 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 N WGREEMNT MST 3 ^8 I 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 N WGREEMNT MST -2- 7 ^� 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 N VIGREEMNT MST 330 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 N 1AGREEMNT MST -4- II1 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 N WGREEMNT MST -5- 332 111 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- � 7 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- 335 _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. N WGREEMNT MST I� 13 f; I (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 N WGREEMNT MST -10- 337 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 -11- 338 r 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 -12- 33`1 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 -13- 140 N 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 341 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 N 1AGREEMNT MST -16- 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 �%�j{eers nPT�� MILWAUKEE, WI 1 POLICE QEPT , _� ..`�" Forages -' "'^ over4 years d � `ry 1 k r7he Ultimate PAW h 5_ } s' 1 �Z TM ft pok �r �T feelr WHEN IT'S TIME T CATCH THE CROOKS, NOTHI NG'S FASTER THAN LOP RODS!'" RUDDTHESE ULTIMATE POLICE CRUISERS REALLY HEAT UP THE STREETS AND PUT 1he 'U1timnLe police cruise's' THE BAD DUYS ON ICE! EACH SUPER DETAILED VEHICLE IS INSCRIBED WITH AN OFFICIAL LAW ENFORCEMENT INSI6NIA FROM POLICE DEPARTMENTS ACROSS THE COUNTRY. IT'S A CRIME NOT TO COLLECT THE ENTIRE SERIES! ■ FORD VICKY ■ 58 CORVETTE ■ 32 SEDAN DELIVERY ■ DAIRY DELIVERY SYRAEUSE.NY LAS VASES, NV NEWARA,NJ MADISUN, NI ■ 55 CHEVY ■ 59 IMPALA ■ 3— WINDOW'34 ■ FAT FENDER 40 BOSTON,MA BIRMIN611AM, AL JEFFERSON LILY, MO PROVIDENCE, RI ■ 57 CHEVY ■ CHEVY NOMAD ■ WAY 2 FAST TM ■ PURPLE PASSION LDLUMROS, DN PUEBLO, ED f op["u HOOD l INDIANAPOLIS, IN SPRINGFIELD, IL ■ 40'S WOODY 67 CAMARO ■ TAIL DRA66ER ■ 32 DUECE 7 ? ? ? ? ?? EL PASO, IX BAKERSFIELD, LA MILWAUKEE, WI 1 CONSUMER INFORMATION 1 31 ✓eA'a, 0(e4,.-40K T ;3 nk r� a'17. 363 SHOWN 0 200% GRAPHIC DESIGNER: JON DAVIS X4258 •• ■ i z� oaosa3eo . wos.ca�o . oaos•ete� . aaasr�ca 300Y - BLACKS WHITE CHASSIS • CHROME INTERIOR . BLACK 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 rr James Hansen, Director of Economic Development Date: REVIEWED BY: y� Date: /S� _ Mary Strenn, City Manager I *7 TAKEN: 20 u � ewe e O '=J a N O N Q. O O iR pr O O fA W O O O o nc Oc c nnn� �G1�7 c c _ag aQO. a� o b_ H'r ys'n F o h7 G mm n `� o b N � _ SSS N S tj O S CD tj O S S S t O rf y y� 5 to pp pp 0 Spp., $ pp -pp-- •pq. r O Q O O O O O O O H pp pp S N G N pp � O O fiR O L2�2 p O S SHE S •1 � .ye � y C `n C fD � u � ewe e O '=J a N O N Q. O O iR pr O O fA W O O O o nc Oc c nnn� �G1�7 c c _ag aQO. a� o b_ H'r ys'n F o h7 G mm n `� o b N � LA _ SSS N S tj O S CD tj O S S S t y� 5 to pp pp 0 Spp., LA _ SSS N S tj O S CD tj O S S S t to pp pp 0 Spp., $ pp -pp-- •pq. r O Q O O O O O O O H pp pp S S pp pp pp � O O O O O p O S SHE S 0 -165 N 2 d r n r� S2 CI 4 b b 2d WdZb FT 666T SF .pw 9962 £S7 STt ON dNOHd HICd'WWdNSI7 H WU17711 w06 � 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