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1999 APR 20 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk. 607 -2208. Notification 48 hours prior to the meeting will enable the Cite to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Councilmember John Gaines ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another. and employees speaking on behalf of their emplm er, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a one of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et SeMc .) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. El Segundo v. Kilroy, LASC Case No. YC 031166 2. Nelson v. City of El Segundo, LASC Case No. YC 033484 001 3. Chaney v. City of El Segundo, LASC Case No. BC 207453 4. Liability Claim of ESE, Claim No. 97 025A 5. Liability Claim of Robert Mayers and Jerry Johnson, Claim No. 97 025B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE A q TIME NAME, 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate In this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 1999 - 7:00 P.M. Next Resolution # 4113 Next Ordinance # 1308 CALL TO ORDER INVOCATION — Rev. Timothy Schepman, Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Councilmember John Gaines PRESENTATIONS (a) Proclamation declaring the week of May 2 through May 8, 1999 as Municipal Clerks Week, recognizing our City Clerk's Department, and all City Clerks, for the vital services they perform; their dedication to the communities they represent; and encouraging the community of El Segundo to visit the City Clerk's office during their Open House May 5, 1999, from 2:00 p.m. — 4:00 p.m. GG3 ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. (a) Request by Leadership El Segundo class of 1997 -1998 for City approval of beautification project to place the name "El Segundo" in brush script on the slope between Imperial Highway and Imperial Avenue near Sheldon Street. Recommendation — Discussion and possible action. (b) Request by St. Anthony's Church Hispanic Council for City Council approval of a charity fundraising permit in connection with a one -day Cinco de Mayo celebration to be held on Saturday. May 2, 1999, from 9:00 a.m. to 8:00 p.m. at the Parish Hall. Recommendation — Approval, provided the City is named an additional insured on the liability insurance policy for this public charitable event. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only; Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - None C. UNFINISHED BUSINESS — Request the City Council continue the services of AAM Communications for the purpose of facilitating public noise, overflight, and odor complaints, as a General Expense Account budget line item. Recommendation — Approve continuation of the existing Hotline answering service with AAM Communications for one year. AAM will provide service from 5:00 p.m. to 8:00 a.m. Monday through Friday and 24 hours a day on weekends and holidays at an estimated cost of $4,800.00. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — 2. E) Segundo Community Cable Advisory Committee request for funds to conduct local cable phone survey. Request appropriation of $4,650. Recommendation — The Cable Advisory Committee recommends council consider approving funds for a vendor to conduct a random phone survey in El Segundo, to gather statistical information regarding local cable programming and service. Water Subcommittee report by Mr. Mike Rudinica, of Robert Bein, William Frost & Associates (RBF1 concerning findings of City water well investigation Recommendation — Discussion and possible action. 004 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. 4. Warrant Numbers 2502072- 2502314 in total amount of $780,107.57, and Wire Transfers in the amount of $230,259.97. Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 03/30/99 to 04/13/99. 5. City Council meeting minutes of April 6, 1999. Recommendation - Approval. 6. Requested change to returned checks policy. Recommendation — action by Council to charge $25.00 for check returned for non - sufficient funds. Present $10.00 charge does not cover cost incurred by City for returned checks. Second Reading of Ordinance No. 1307 for the proposed Multimedia Overlay (MMO) District to provide the opportunity for 1,500,000 square feet of development to be devoted to motion picture /entertainment and related multimedia production facilities east of Sepulveda Boulevard. Environmental Assessement 445 (EA -445), General Plan Amendment 99 -1 (GPA 99 -1), and Zone Text Amendment 99 -1 (ZTA 99 -1). Address: City Wide (East of Sepulveda Boulevard). Applicant: City of El Segundo. Recommendation — 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, adopt Ordinance. Approval of three separate contract amendments to existing Professional Services Agreements between the City of El Segundo and: Hannah Brondial -Bowen Associates; Wildan Associates; and Tina Gall Associates; respectively, to continue existing contract planning support services to the Planning Division of the Planning and Building Safety Department, and, authorize the necessary budget transfers within the Planning and Building Safety Department Budget in amounts not to exceed $80,000 for Ms. Brondial- Bowen, $130,000 for Wildan Associates, and $16,000 for Ms. Gall, through the current (1998 -99) Fiscal Year ending September 30, 1999. Recommendation — 1) Approve the following Professional Services Contract Amendments for: (a) Hannah Brondial -Bowen Associates: Amendment Number 1 to Contract Number 2666, in an amount not to exceed $80,000 through the current Fiscal Year ending September 30, 1999; (b) Wildan Associates: Amendment Number 1 to Contract Number 2669, in an amount not to exceed $130,000 through the current Fiscal Year ending September 30, 1999; 005 (c) Tina Gall Associates: Amendment Number 2 to Contract Number 2523, in an amount not to exceed $16,000 through the current fiscal Year ending September 30,1999; and 2) Authorize the Mayor to execute each contract amendment on behalf of the City. 9. Award of contract for playground upgrades at Recreation Park and Acacia Park — Project No. 97 -30 (contract amount - $33,023-00). Recommendation — 1) Authorize a transfer of $13,500.00 from fiscal year 1998 -99 operating budget account no. 5102 -6206 (Parks Operation — Contractual Services) of the Recreation and Parks Department. 2) Award contract to the lowest responsible bidder, Green Giant Landscape, Inc. in the amount of $33,023.00. 3) Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 10. Agreement for Professional Services between Prosum and the City of El Segundo to provide technical assistance for the City's computer and networking systems. Recommendation — Approve Agreement for Professional Services between Prosum and the City of El Segundo. 11. Proposed revisions to the class specification for the job classification of Disaster Preparedness Coordinator. Fiscal Impact: None. Recommendation — Approve the class specification. 12. Request for Proposals (RFPs) for Audit Services. Recommendation — Authorize the Finance Department to issue RFPs for the City's financial audit. 13. Consideration of an increase in dues for membership in the South Bay Cities Council of Governments (SBCCOG) (fiscal impact - $2,519.00 of AB 2766 funds). Recommendation — Approve the new annual dues of $2,519.00. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 14. Proposal to fund and operate a Certified Farmers' Market in the City of El Segundo. Fiscal Impact: $16,140 for the first six months. Recommendation — Approve the funding and operation of an El Segundo Certified Farmers' Market on Fridays from 4:00 to 7:00 p.m. on Main Street in front of City Hall. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE 006 J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon — 15. Request for the City Council to direct staff and the Planning Commission to consider an amendment to the Zoning Code to modify or eliminate the 500 -foot distance requirement for automobile service uses from residentially zoned properties in the Small Business (SB) Zone in the Smoky Hollow Specific Plan area. Recommendation — Discussion and possible direction. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have received value of S50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identi& themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et M.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., April 20, 1999 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: NAM 042099ag 0061+ rRECDVEC CITY OF EL SEGUNDO APR 1 2 1599 INTER - DEPARTMENT MEMORANDUM C TY MANAGER'S 0;:FICE DATE April 9, 1999 TO Mary Strenn City Manager FROM Bellur Devarai City Engineer SUBJECT Potential Conflict of Interest Items - City Council Meeting of April 20, 1999 Is the project within 300 feet of a business or property owned by a City Council member? BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOSICONFLICT.420 007 Mayor Mayor Council Council Council Agenda Item Mike Pro Tom Member Member Member Gordon Sandra Nancy John Kelly Jacobs Wernick Gaines McDowell Award of contract for the playground upgrades at No No No No No Recreation Park and Acacia Park. BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOSICONFLICT.420 007 April 7, 1999 Honorable Mayor and Members of the El Segundo City Council 350 Main Street El Segundo, CA 90245 Dear Mayor and City Council Members: RFCFIVED ZA NP .,ITS' MANAGER'S OFFICE We are writing to request placement of an action item on your April 20, 1999, council agenda. We would like an opportunity to present our Leadership El Segundo class project and to seek your approval to proceed. As you know, the Chamber of Commerce has sponsored Leadership El Segundo for the past five years. The purpose of Leadership El Segundo is to create a network of informed and empowered community leaders capable of enhancing the spirit and quality of life that is El Segundo. Our thirteen- member class is the fourth in what we hope will be a long list of many. We attended meetings throughout 1997 -98 and studied such topics as city government, education, transportation, business development, leadership skills and practices to prepare us for the completion of our selected project. Each leadership class is challenged to select a project based on one of two areas, ('ommunity service or Community beauiification. Earlier Leadership El Segundo classes have completed projects such as Main Street murals, the Character Counts program, Imperial School equipment. and the development of a children's room at the Police Department. Our class has selected a beautification project for the northern corridor of the city. We propose to place the name "El Segundo" in brush script (see attached rendering) on the slope between Imperial Highway and Imperial Avenue near Sheldon Street (Mortuary Hill). The sign dimensions will be approximately 12 feet high and 75 feet in length. The letters of the sign will be manufactured out of '/4 inch aluminum powder coated in reflective white. The sign will be mounted to the slope with concrete footings and the area will be landscaped with an evergreen background and a floral oval border. Maintenance of this site will be minimal as the area is already watered to support the current vegetation and lighting is already installed for the previous `w sign located at the site. 01 0 8 427 Main Street *El Segundo, California 90245 • Phone (310) 322 -1220 • Fax (310) 322 -6880 Page 2 LEADERSHIP CP,( (9T'an4 We believe this project will benefit all the community of El Segundo by identifying our city to all that pass by, whether on the ground or in the air. Other such signs (e.g. Loyola, Culver City and Hollywood) have become landmarks in their areas. We also believe that it will demonstrate and memorialize the pride, values, and commitment to the quality of life the citizens of El Segundo share. If you consent to placing our item on your agenda we will appear to explain our vision in more detail, present a visual display of the sign, outline fundraising plans, and answer any questions you may have. Thank you for your consideration in this matter. Sincerely, The Leadership Class of 1997 -98 N�'k L I-& John ' ' bert jeb enclosure Don Brann 009 427 Main Street *El Segundo, California 90245 • Phone (310) 322 -1220 • Fax (310) 322 -6880 •. TO: FROM: SUBJECT: City of El Segundo INTER - DEPARTMENTAL MEMO DATE: April 13, 1999 Mary Strenn, City Manager f Steve Jones, Business Services Manager St. Anthony's Church fund - raising permit St. Anthony's Church has requested a charity fund - raising permit from the City for a Cinco de Mayo celebration on Sunday, May 2nd. They have supplied the City with a detailed description of the event in addition to a copy of their permit to sell alcoholic beverages. The City Attorney (Chris Cheleden) has also requested they supply the City with evidence of liability insurance coverage listing the City as additional insured. Please call me at ext. 713 if you have any additional questions. 010 04/12/99 Benjamin Ramos St, Anthony's Church Hispanic Council El Segundo,CA. Members of El Segundo city council Dear members of the council: This is a request to sell food and liquor on Sunday, May 2nd, from 9:OOam-- 8:OOpm at St. Anthony's Parish hall which is located at 205 Lomita St., between Franklin and Grand Av. in El Segundo. ph# 310.414.9730 Parishioners of the Hispanic council of St. Anthony's Church in El Segundo would like to make a fund raising event on behalf of its new Parish hall project which has been under way during the last two and a half years. Man), of you are aware that our parish has been involved in the planning and fund raising for the construction of a new parish hall. More than half of the money needed for this project has already been raised in cash contributions or in the form of financial promises by supporters of this noble cause. However, we are still in need of funding for a remaining amount of around $600,000 which has been 440j acquired in the form of a low- interest bank loan. This money will have to be paid by our parish in monthly payments of approximately $14,000 during the next five years. As you can understand, the committee in charge of this project needs to come up with ideas to offset this tremendous expense. We have been meeting periodically sharing ideas to find the most viable solution to raise these funds. One of the ideas which has had wide support and acceptance is the planning of different events during the year. The event at hand is a 5 de Mayo celebration on Sunday, May 2nd, at St. Anthonv's Parish hall and we think it could be a definite success. Dear members of the council; we would like you to consider our petition for a one -day food and liquor sale license to be exercised on the above date. We are expecting an attendance of 400 to 500 people and it will be open to the public. D.J. music will be complementing the event. We will also be having children games such as Jump for Fun , a Rubber Slide and a Dunk tank. This event is 100% altruistic and all of the proceeds, as stated above, will be funneled towards the construction of St. Anthony's Church new Parish hall. If you have any questions concerning the legitimacy of this event phase contact Rc%,. Fr. James F. O'Grady at 310.322.4392. For questions regarding the specifics please contact me at Hm. 310.322.9544 or Wk. 310.545.6670. Truly yours, Benjamin Ram — Member of St. Anthony's New Parish ha steering committee. 011 04 -13 99 06:39 STATE OF CALit; ANIA DEPARTMENT OF ALCOHOLIC 13LiVERAGL -' COWROL t � 37 - DAILY ON -SALE GENERAL, APPLICATION: License Nontransferabie LICENSE NO. Receipt No. Fee. Paid Geographicni Code r:n1 9080301 1227795 $25.00 Pursuant to the authority granted by the organization named below, the undersigmed hereby applies for the above designated license(s) for the location also dexribed below. s ORGANIZATION: LCK'.ATION ADDRESS COUNTY- TYPE OF F,VENT: HOURS DURING; WHICH ALCOHOL L HE SOLD: ESTIMA TI' DD CE: LICENSE: ST ANTHONY CHURCH 205 LOMITA ST E1, SEGUNDO, CA 90245 OTHER 9AM TO 8PM 400 2.R6 l.udlallet (i A 901-4 TEW'110NENUIVIRTR The above -named orpaniialiun is herchy licensed, subject to the laws of the Slate, Ttulcs and Regulations of d Departmonl, and insbuaaiuns contained in Forut ABC -332 (copies available) ui engage in the tenilwary sane of al x4tolic bLveragc as indicated atxsve. This liccn%c ticies not include oft -isle privileges except wlten issued under 24(345.4. Good for 05/02/99 Issued for 1 days. Date Issued APR 01,1999. I. r!7))F ABC-291 (1 I /9g) Director of_ lcpholic Beverage Control By- ,..,.. 012 #. r. St. Anthony Church 710 E. GRAND AVENUE EL SEGUNDO. CALIF 00245 April 7, 1999 CITY OF EL SEGUNDO 350 Main Street El Segundo CA 90245 RE: CHARITY FUND - RAISING PERMIT TO WHOM IT MAY CONCERN: On Sunday, May 2, 1999 the St. Anthony Hispanic Ministry will be holding a fund - raising event know as "CINCO DE MAYO ". This event will be held on the church grounds located at Franklin and Lomita Streets, in El Segundo. This Celebration will run on Sunday from 9:00 am to 8:00 pm. We are expecting about 300 -400 people to attend this event. Thank you for your assistance and cooperation. Sincerely, mes F. O'Grady Pastor JFO'G /bh 1 RECEIVED APR 0 8 1999 BUSINESS LICENSE DIVISION low 013 n EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Request the City Council continue the services of AAM Communications for the purpose of facilitating public noise, overflight, and odor complaints, as a General Expense Account budget line item. RECOMMENDED COUNCIL ACTION: Approve continuation of the existing Hotline answering service with AAM Communications for one year. AAM will provide service from 5:00pm to 8:00am Monday through Friday and 24 hours a day on weekends and holidays at an estimated cost of $4,800. INTRODUCTION AND BACKGROUND: Council approved a trial period use of AAM Communications, with a budget of $1,725.00 at its regular meeting of 6 October 1998. The service has been effective for the past 5 months at a cost of only $987.55. DISCUSSION: While there were a few initial transitional complaints, the service appears to be acceptable at present. Staff continues to work with AAM Communications to improve its interface with agencies concerned with the City's complaints. As a result of the trial period, it appears that costs will range between $260.00 and $400.00 per month. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: ORIGINATED: 1/ Yes $4,800 $46.250 Date: 001 - 400 - 2901 -6244 Yes Harvev Holden. Soecial Proiects Administrator Date: I A-el- , � 1 REVIEWED BY: Date: /�� t� . &Ih4� ��Uj '97 Bret. B. Bernard. Director of Planning and Building Safety REVIEWED BY: Date: TAKEN: y/r 9 014 1 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Boards & Commissions AGENDA DESCRIPTION: FISCAL IMPACT $4,650 El Segundo Community Cable Advisory Committee request for funds to conduct local cable phone survey. Request appropriation of $4,650. RECOMMENDED COUNCIL ACTION: The Cable Advisory Committee recommends Council consider approving funds for a vendor to conduct a random phone survey in El Segundo, to gather statistical information regarding local cable programming and service. INTRODUCTION AND BACKGROUND: El Segundo Community Cable conducted viewers surveys regarding local programming in 1987 and 1993. Since many programming and equipment upgrades have been implemented in the cable section over the past few years, the Cable committee feels it would be helpful to conduct another survey to gather public opinion about the services and programming currently provided by ESCC. DISCUSSION: Over the last several meetings the Cable Advisory committee has discussed which survey format would provide the best response from the community. Past surveys have been conducted via mail, sent to local cable customers only with the cooperation of the cable provider. Although helpful, these surveys were limited to local programming information only, with limited questions due to the size of the mailed questionnaire. The Cable committee would like to expand the survey to include questions, which will reveal demographics, and opinions regarding local programming and the local cable provider's programs and services. The committee came to a consensus that a random phone survey would be the best vehicle to obtain the optimum response from the community. This survey will be designed to gather a statistically accurate survey representative of El Segundo viewers, on which to base future programming decisions. 1. WHO IS WATCHING? 2. WHAT ARE THEY WATCHING? 3. HOW LONG DO THEY SPEND VIEWING? 4. WHAT WOULD THEY LIKE TO SEE? ATTACHED SUPPORTING DOCUMENTS: The cable advisory committee received bids from two vendors to conduct a random phone survey in May, 1999. Of the two, the committee came to a consensus that the bid received from EPIC -MRA would best suit the city's needs. The cost of the bid, outlined in the attached quote for 300 sample calls, is $4,650. FISCAL IMPACT: Operating Budget: 4.650 Capital Improvement Budget: Amount Requested: 4,650 Project/Account Budget: Account Number: 001- 400 - 6601 -6214 Project Phase: Appropriation Required: 4.650 El Segundo Community Cable Advisory Committee ACTION TAKEN: 990420 Bd & Comm 015 4 EPIC MRA 4710 W. Saginaw Hwy. Lansing, MI 48917 -2601 5171886 -0860 Fax 5171886 -9176 ■ Educational ■ Political ■ Industrial ■ Consumer ■ Market ■ Research ■ Analysis 40-1 March 8, 1999 Ms. Nancy Pfeifer El Segundo Community Cable Advisory Committee 430 Sierra Street - Apt. D El Segundo, CA 90245 Dear Ms. Pfeifer: Pursuant to your recent request, I have prepared a brief background of our company, information about the principals and staff of our firm, along with examples of selected prior experience. Of course, if there is anything else you might need, please don't hesitate to call. EPIC ■ MRA 4710 West Saginaw Hwy., Suite 5 Lansing, MI 48917 -2601 Voice: 517/886 -0860 FAX: 5171886 -9176 EPIC ■ MRA is a Michigan corporation founded in 1985 and based in Lansing. The firm's founders set out to create a nonpartisan, independent research firm that would 016 n EPIC ■ MRA - ESCCAC Page 2 become the undisputed industry leader in Michigan. EPIC ■ MRA is full- service firm with expertise in: • survey research and data analysis • corporate image and reputation management • strategic planning and initiatives • message development, testing, and delivery • community and media relations and, • target marketing. EPIC ■ MRA provides its clients with the information and tools to manage change effectively, and since its inception, EPIC • MRA has done so for over 400 clients, including state and local governments, foundations and other non - profits, and businesses and associations. Clients use the firm's research, analytical, communication, and advisory capacities to identify political and public policy factors influencing public and private sector decisions; develop and implement policies and strategic plans; improve internal management; identify stakeholder priorities and create consensus; and develop clear and concise communication strategies and products to accomplish goals and objectives. Principal Staff Bernie Porn 1%r Bernie Porn is a partner and President of EPIC ■ MRA. He is a graduate of Aquinas College in Grand Rapids, majoring in urban affairs and schooled in statistics. Porn's chief role with the firm involves the writing and analysis of the survey research conducted for most of EPIC ■ MRA's clients. He worked on the staff of the Michigan House of Representatives for nineteen years, serving as the Director of Communications from 1990 to 1992. Ed Sarpolus Another founding principal is Ed Sarpolus, Vice - president of EPIC ■ MRA. Sarpolus is also a graduate of Aquinas College, majoring in psychology and philosophy with a minor in statistics. He primarily works in the area of survey sample design and information systems analysis of surveys, database management, as well as devoting much of his time and effort toward marketing for the firm. Mr. Sarpolus used his skill with statistical analysis and computer systems with the Michigan House of Representatives from 1985 to 1992. John Cavanagh John Cavanagh is also a founding principal of EPIC ■ MRA and serves as its Secretary- Treasurer. Cavanagh is a graduate of Michigan State University and received his Juris Doctor degree from Cooley Law School, being sworn in as a member of the Michigan Bar in 1983. He serves as the chief financial officer and administrator for the firm and also fills the capacity of general counsel. Cavanagh formerly worked as a staff member with the Michigan House of Representatives beginning in 1979, and concluded his work with the House as Director of Public Affairs in 1992. 0 ] 7 EPIC ■ MRA - ESCCAC Pap 3 Consulting Staff Kara Douma Kara Douma is Senior Consultant at EPIC ■ MRA. Douma holds a B.A. with honors in political science/public administration and a master of public administration from Michigan State University. In addition, Douma was a Patricia Roberts Harris graduate fellow and attended the University of Michigan's Summer Institute for Survey Research. She is an expert in survey research and assists with research design, survey instrument design, and data analysis at EPIC ■ MRA. Prior to joining EPIC ■ MRA, Douma was Senior Consultant for Survey Research at Public Sector Consultants, Inc., and worked for several years in the Michigan Senate EPIC ■ MR4 Support Staff Anne Clingman, Communications Director, is the chief writer and copy editor of EPIC ■ MRA publications. Ms. Clingman brings with her over 18 years of professional writing experience, which includes expertise in press release, script development and advertising copy writing. Neal Richey, Data Processing Systems Manager, is responsible for most of the firm's custom programming and production needs and has oversight of the firm's 40 GB hard disk OS -2 work station system and data entry network. As of this writing, Mr. Richey's experience with data processing and custom programming work spans over eleven years. Sherry Wright, with six years with the company, is EPIC ■ MRA's Office Manager, overseeing the flow of work passing through the office, demonstrating a particular proficiency for coordination of simultaneous and parallel activities. All of the EPIC ■ MRA full-time staff are housed at the firm's office in Lansing. EPIC ■ MRA is also fortunate to have a cadre of part-time data entry and telephone survey personnel, the latter conducting survey interviews from the firm's East Lansing phone bank. Selected Prior Experience Media One Project Description: In the Fall of 1998, EPIC ■ MRA was engaged by Media One, a cable television company, to conduct two surveys among the residents of a small West - Michigan city. The object of the research was gauge public sentiment and receptivity toward a local ballot question that sought to incorporate the delivery of cable service into the roster of other municipally delivered services, such as water and electricity. 1 Iwo EPIC ■ MRA - ESCCAC Pale 4 Project Description: For the 1996 presidential campaign, EPIC ■ MRA conducted statewide voter attitude research for a consortium of Michigan Public Broadcasting stations, including the affiliate out of Grand Valley State University, WGVS. The survey work was a prelude to two, coordinated simulcast focus group sessions from the participating stations, and for which EPIC ■ MRA did the participant recruiting. TCI Cable Project Description: As part of a survey research effort in selected communities nationwide, EPIC ■ MRA conducted customer satisfaction polls in several Midwest communities. This 1996 effort provided the client with data concerning customer preference, and identified the company's strengths and weaknesses among its respective client bases. It is hope that the foregoing adequately addresses your needs. Of course, if there is anything else you need, please don't hesitate to call. On behalf of all of us at EPIC ■ MR& I want to thank you for looking to our firm for assistance. Yours truly, John F. Cavanagh `., 019 EPIC■ MRA 4710 W. Saginaw Hwy. Lansing, MI 48917 -2601 517/886 -0860 Fax 517/886 -9176 ■ Educational ■ Political ■ Industrial ■ Consumer ■ Market ■ Research ■ Analysis V" March 19, 1999 Ms, Nancy Pfeifer 430 Sierra Street - Apt D El Segundo, CA 90245 Dear Ms. Pfeifer: Thank you for soliciting EPIC ■ MRA's input and written quote for survey research "'100 services. Based on my notes and conversation with my partner Ed Sarpolus, I understand that the El Segundo Community Cable Advisory Committee is looking to conduct a survey among the approximately 7,526 cable -ready households in the community service area. Detailed below, are the services our firm will perform in effecting your research needs. The quoted prices assume a telephone interview length of approximately five minutes, administered to between 250 and 300 respondents. Experience suggests that a potential respondent universe of approximately 7,500 households will Support the quoted sample size range. Our response also relies on reports that cable coverage for El Segundo households is very comprehensive. That is, screening only for respondents in households currently with cable service will not produce an inordinately high rejection rate due to non - qualification. With a start date slated for early May, we would begin the process of developing a survey instrument in the second week of April, with delivery of all of the required reports by May 31. 020 With that said, we offer the following pricing: �%► 250 Samples @ $4,300 300 Samples @ $4,650 For this fee, EPIC ■ NIRA will: • Develop the survey instrument in consultation with ESCCAC • Draw a randomly stratified sample from telephone files for El Segundo City • Administer the telephone interviews • Effect data entry • Generate a frequency report and crosstabulation tables of selected variables • Prepare a demographic analysis • Deliver a textual executive summary As is customary in the trade, our terms normally require a fifty - percent down payment upon execution of an agreement for services, with the balance due upon presentation of required reports. Although unlikely to come into play for the instant work, clients are also responsible for actual travel costs associated with delivery of any requested oral presentations. It is hoped that the foregoing addresses your committee's questions concerning costs and level of l%, service. Of course, if there is anything about which you would like greater detail, please don't hesitate to call. Again, our thank you for looking to our firm for assistance -- I look forward to hearing back from you in the not - too - distant future. Yours truly, John F. Cavanagh �. 021 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions �kw AGENDA DESCRIPTION: Water Subcommittee report by Mr. Mike Rudinica of Robert Bein, William Frost & Associates (RBF) concerning findings of City water well investigation. RECOMMENDED COUNCIL ACTION: Discussion and possible action. INTRODUCTION AND BACKGROUND: At its meeting of October 6,1998, the City Council heard a presentation concerning the initial findings in regards to the City's water well investigation. At that time, it was determined that a final presentation would be made to the Council after development of a proposed plan. DISCUSSION: All of the necessary information has been collected and an optimal project proposal developed. Attached is a copy of the material Mr. Rudinica will be presenting at the Council meeting. �4w After the presentation, staff will be looking to the Council for direction as to how to proceed. If the Council chooses to proceed with the project, staff recommends that the $1,305,000 identified for immediate implementation tasks be appropriated from General Fund Reserves. Additionally, staff recommends that an analysis of funding options be completed (bonding versus reserve funds) be performed and brought back for Council consideration. ATTACHED SUPPORTING DOCUMENTS: Copy of presentation material. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A Date: 022 N: \C0UNCIL\PW- APR20.03 (Wednesday 4/14% 8:00 AM) 3 0 ti N 0 d N F C2 C) i c w a N F� L. l 9JOSA got 6 ul +liddRS Belem Pataa(oid - +eta too'tt %U Polio r �r . •„ `" r 16LE IF uo►lNd=3 Nam uodn _ RjddnS .iatom pasodoAd ( Aiddng Bosam tuaun:) SIra aqj uo sasga.ow alu (lAtW a ininj jo jagdulr paanpa)j o taua&auia ue ur sacau ap ssal — Siddns .mlempunar? [euclr2w pas nun K[luauna jo uopuzi pin paseamul — S[ddns .tajo,a rguoi2a.i jo SI!p gEia.t pasga.r3ui aifievogs r(au&mwa Ruunp S[ddns .tajuA% [eZ)o[ a[gvq;)�j — pa[Io.4uoa ([Iuoo[ aq tC[ajtawtgn I[!m puewap aftm&e jo oIvOS~ — i(jddns .Yajgnt s,Sj!j jo uor;M jPs.iaArp pue k;rrrgwja.i pasganul ca 130fojd jo asod.ind M CV O �rr 1*4w �%w APR -13 -60 01:42PM FROM -1ATER RESOURCES . 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C-n m�- O j M m O m Cf lll��D ficl O CA Cl) o. a III �i1 3�� A g X 03 �a T' $ m�� pR �� A� S. Q y ICpZ2 m 3 3! r a � 44 ZZ v R y Z N O O n y O A 0 m a t1� �lI {pN�� t+NII + �(ao� o ap uI I►.i v1 1aa� T m CL N41 N NNOI INO .0 5 41WO IDV� m x V � pJo L\" \_-C \a\ J �r Z N O O O J D m C'�, o 0 0 m x x x �' N m m m N N N N C C C O m m m O O a o A m r T y A Z m m m m r m i a M 0 A Om yr F N m 'o �C <Zo Co Z O 030 �l CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 03/30/1999 THROUGH 04/13/1999 Date Payee Amount Description 3/31/99 Health Comp 1,149.02 Weekly eligible claims 3/26 4/5/99 Wells Fargo 20,000.00 Workers Comp Acct 4/5/99 IRS 144,453.97 Federal Payroll Taxes PR20 4/7/99 Employment Development 27,049.88 State Payroll Taxes PR20 4/8/99 Fed Reserve Bank of K. C. 1,500.00 Employee Savings Bonds 4/12/99 Wells Fargo 28,000.00 Golf Course Payroll - TPT 4/13/99 Health Comp 8,107.10 Weekly eligible claims 4/2 230,259.97 DATE OF RATIFICATION: 04/20/99 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: n Deputy Treasurer —YYl . yj 12, l g 9 Date Finance Director /%% /�G�/ Y /l � /5 S Date City Manager or, Date 230,259.97 Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo. 031 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 1999 - 5:00 P.M. ,%W CALL TO ORDER - Mayor Gordon at 5:00 p.m. PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Wernick - Present Council Member Gaines - Present 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 S50 or more to communicate to the City Council on behalf of another. and employees speaking on behalf of their emploi e r. must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable hY a fne of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 2. El Segundo v. Kilroy, LASC Case No. YC 031 166 3. El Segundo v. Stardust, LASC Case No. YC 031364 4. Fenwick v. Civil Service Commission and City of E1 Segundo, 2 Civil B121282 and Los Angeles No. BSO44667 5. Nelson v. City of E1 Segundo, LASC Case No. YC 033484 6. Roscitto v. E1 Segundo, LASC Case No. YC 034524 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — Conference with Rick Kopenhefer, Esq. respecting the E1 Segundo Police Officers' Association. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. MINUTES CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 6.1999,5:00 P.M 5 PAGE NO 1 032 REPORT OF ACTION TAKEN IN CLOSED SESSION — None ADJOURNMENT at 6:55 P.M. Cindy Mortesen, City Clerk 033 MINUTES OF THE ,%or MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 6, 1999 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION - Clerk Mortesen PLEDGE OF ALLEGIANCE - Council Member Nancy Wernick PRESENTATIONS - (A) Council Member Wernick presented Commendations to Jason J. Ro and Lucas Plotnick, Eagle Scouts from El Segundo Troop #762, for their hard work on the service projects they completed. (B) Council Member McDowell presented a Declaration to Fire Chief Craig Pedego proclaiming Saturday, April 17, 1999 as "Super CPR Saturday." (C) Mayor Pro Tem Jacobs presented a Proclamation of the El Segundo City Council declaring National Library Week, April 11 -17, 1999 to Debra Brighton, Acting Director of Library Services. (D) Council Member Gaines presented a Proclamation of the El Segundo City Council declaring Building Safety Week, April 4 -10, 1999 to Bret Bernard, Director of Planning & Building Safety. ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Wernick - Present Council Member Gaines - Present 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 behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999,7:00 P.M. PAGE NO I 034 Peggy Tyrell, resident, asked if Council had voted to have a rotating Mayor. Mayor Gordon stated that they had not. Liz Garnholtz, resident, spoke regarding the article on LAX expansion and El Segundo published in the Herald. She felt it was in poor taste. Julie Warner requested, on behalf of El Segundo Cub Scout Pack 968C, City approval and support to use Grand Avenue, from Arena Street to Eucalyptus Street, on July 10, 1999 for the Cub Adventure Soapbox Derby Race, from 12:00 Noon to 5:00 p.m. MOVED by Council Member Wernick, SECONDED by Council Member Gaines to approve and support the use of Grand Avenue, from Arena Street to Eucalyptus Street, on July 10, 1999 for the Cub Adventure Soapbox Derby Race, from 12:00 Noon to 5:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Terry O'Brien, resident, spoke regarding the LAX expansion, and the lack of information being presented by Council on the subject. Loretta Frye, resident, spoke regarding the proposed grocery store on Virginia Street and Mariposa Avenue and the request by the School District for use of the Council Chambers. Stated that the public needs to be kept informed on these issues. Dorothy Kent, resident, spoke regarding LAX matters. Requested a reporting of the financial accounts, and how the money is being spent to fight LAX. Jane Friedkin, resident, spoke regarding the Douglas /Nash Street one -way, and requested it be changed back to two -way traffic. Bill Watkins, Superintendent of El Segundo Unified School District, and Kathy Wiley, President of the School Board, requested approval for the EI Segundo Unified School District Board to use the City Council Chambers and Conference Room for its Board meetings on the second and fourth Tuesdays of the month. Loretta Frye, resident, stated she was opposed to the School Board using the City Council Chambers. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6,1999,7:00 P.M. PAGE NO. 2 G 3 5 how MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the El Segundo Unified School District Board use of the City Council Chambers and Conference Room for its Board meetings on the second and fourth Tuesdays of the month. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Lim- Mark Renner, resident, spoke regarding the April Fool's Day story in the Herald regarding the Airport expansion. Peggy Tyrell, resident, spoke regarding the monies allocated to oppose the LAX expansion plan. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wernick to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. B. SPECIAL ORDERS OF BUSINESS - 1. An Ordinance of The City of E1 Segundo, California, adopting the Uniform Fire Code, 1997 Edition, including Appendices I -A, I -B, I -C, II -A, 11 -B, II -E, A- II -E -1, II -F, I1 -I, II -J, III -A, III -B, 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 stated this is the time and place hereto fixed for a public hearing on adoption of 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 -1, II -J, III -A, III -B, 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 asked if proper notice was given and if any written MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M. PAGE NO. 3 036 communications had been received. Clerk Mortesen stated that the public hearing notice was given by the Planning & Building Safety Department, and no written communication had been received. Council consensus to close the public hearing. City Attorney Mark Hensley read Ordinance No. 1298 by title only. 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, II -B, II -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 MUICIPAL CODE, WHICH CHAPTER RELATES TO THE FIRE CODE. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to adopt Ordinance No. 1298. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 2 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 stated this is the time and place hereto fixed for a public hearing on adoption of 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, MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M. PAGE NO.4 037 with Amendments. 1%W Mayor Gordon asked if proper notice was given and if any written communications had been received. Clerk Mortesen stated that the public hearing notice was given by the Planning & Building Safety Department, and no written communication had been received. Council consensus to close the public hearing. City Attorney Mark Hensley read Ordinance Nos. 1299, 1300, 1301, 1302, 1303, 1304, 1305, and 1306 by title only. ORDINANCE NO. 1299 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM BUILDING CODE 1997 EDITION, VOLUMES I, II, AND III, INCLUDING THE APPENDIX THEREOF, EXCEPT APPENDIX CHAPTER 3, DIVISIONS III AND IV, CHAPTER 4, DIVISION I, CHAPTER 12, DIVISION II, CHAPTERS 13, 30, AND 31, DIVISION II; 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 COLE, 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, MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M. PAGE NO. 5 038 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. 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. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M PAGE NO. 6 Milo 039 ORDINANCE NO. 1306 �kw 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. MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to adopt Ordinance Nos. 1299, 1300„ 1301, 1302, 1303, 1304, 1305, and 1306. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 3. Extension of a Continued Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open space (O -S) to Aviation Specific Plan (ASP) for a 5.4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility. (Environmental Assessment EA -427, General Plan Amendment 97-4, Zone Change 97 -3, and Zone Text Amendment 98 -6.) Address: 700 South Douglas ,rr Street. Property Owner: Southern California Edison. Applicant: Everest Storage. Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5.4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self - storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6). Address: 700 South Douglas Street. Property Owner: Southern California Edison. Applicant: Everest Storage. He asked if proper notice had been given and if any written communications had been received. Clerk Mortesen stated that proper notice had been given and no written communications had been received. City Manager Strenn gave a brief report. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6,1999,7:00 P.M PAGE NO 7 r. 40 Council consensus to close the public hearing. No action taken by Council. 4. Public Hearing on proposed Multimedia Overlay (MMO) District to provide the opportunity for 1,500,000 square feet of development to be devoted to motion picture /entertainment and related multimedia production facilities east of Sepulveda Boulevard. Environmental Assessment - 445 (EA -445), General Plan Amendment 99 -1 (GPA 99 -1), and Zone Text Amendment 99 -1 (ZTA 99- 1). Address: City Wide (East of Sepulveda Boulevard). Applicant: City of El Segundo. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on proposed Multimedia Overlay (MMO) District to provide the opportunity for 1,500,000 square feet of development to be devoted to motion picture /entertainment and related multimedia production facilities east of Sepulveda Boulevard. Environmental Assessment - 445 (EA -445), General Plan Amendment 99 -1 (GPA 99 -1), and Zone Text Amendment 99 -1 (ZTA 99- 1). Address: City Wide (East of Sepulveda Boulevard). Applicant: City of El Segundo. Mayor Gordon asked if proper notice was given and if any written communications had been received. Clerk Mortesen stated that the public hearing notice was given by the Planning & Building Safety Department, and no written communication had been received. Bret Bernard, Director of Planning & Building Safety gave a brief report. Council consensus to close the public hearing. Staff directed to investigate the inclusion of the Smoky Hollow district. City Attorney Mark Hensley read Ordinance No. 1307 by title only. ORDINANCE NO. 1307 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA445 AND ZONE TEXT AMENDEMENT ZTA 99 -1, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE). PETITIONED BY THE CITY OF MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M. PAGE NO. 8 041 EL SEGUNDO. Council Member Gaines introduced Ordinance No. 1307. Second reading of Ordinance No. 1307 scheduled for April 20, 1999. C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5. City Council Committee assignments. Mayor Gordon requested Council to review their appointments and advise him of any changes they wish to make. 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. 6. Warrant Numbers 2501731 - 2502071 in total amount of $1,017,838.28, and Wire Transfers in the amount of $1,072,557.35. 7. City Council meeting minutes of March 16, 1999. 8. Revised class specification for the job classification of Field Office Coordinator. 9. Request for City Council approval to initiate a Request for Proposal (RFP) process to conduct a Classification and Compensation Study, HR- 99 -05, for positions and job classifications represented by the Supervisory and Professional Employees Association and the City Employees Association. 10. Agreement, Contract No. #2688, for Professional Services between Kerry Consulting Group and the City of El 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. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6. 1999,7:00 P.M. PAGE NO 9 042 �i 11. Adoption of City's Youth Employment Plan to meet requirements under Safe Iwo Neighborhood Parks Proposition of 1996. 12. 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). 13. Acceptance of the cleaning of air conditioning duct system in the City Library - Project No. PW 98 -9 (final contract amount $14,407.00). Close Contract ##2667. 14. Acceptance of sidewalk replacement, handicap ramps, and new sidewalks on Grand Avenue - Project No. PW 97 -26 (final contract amount = $78,307.00). Close Contract #2626. 15. Monthly lease agreement, Contract #{2690, 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). MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to approve Consent Agenda Items 6 -15. MOTION PASSESD BY UNANIMOUS VOICE VOTE. 510. vao� CALL ITEMS FROM CONSENT AGENDA - None F. NEW BUSINESS - 16. 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. Bret Bernard, Director of Planning and Building Safety and Tim Grimmond, Chief of Police, gave brief staff reports. Chris Carr, Regional Operations Manager, Mobil Oil, spoke regarding the other operations that will be available at the site, and responded to questions from the dias. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6,1999,7:00 P.M. PAGE NO. 10 0.43 Joshua Kaplan, attorney for the applicant, stated he would answer any questions. MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member Gaines to determine that the public convenience or necessity would be served by the issuance of the ABC license, and directed the Director of Planning & Building Safety on the pending Administrative Use Permit for alcohol sales at the new convenience store. The Council stipulated, in addition to the previously stated conditions, no more than 15% of the total floor space will be dedicated to beer and wine sales, and two employees will be on duty during all hours of alcohol sales. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, AND COUNCIL MEMBER GAINES. NOES: COUNCIL MEMBERS WERNICK AND MCDOWELL. 3/2. 17. Request for City Council approval of Professional Services Agreement, Contract #f2689, between the City of E1 Segundo and Don Lewis, as Interim Assistant City Manager until an Assistant City Manager can be recruited. Fiscal Impact: none. Mary Strenn, City Manager, gave a brief staff report. MOVED by Council Member McDowell, SECONDED by Council Member Wernick, to approve Professional Services Agreement between the City of El how Segundo and Don Lewis, as Interim Assistant City Manager until recruitment for a permanent Assistant City Manager can be completed. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 18. 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. Chief of Police Tim Grimmond gave a brief staff report. MOVED by Council Member \k'ernick, SECONDED by Mayor ProTem Jacobs, to approve submittal of 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6,1999,7:00 P.M PAGE NO. 1 I 044 -1W 1 19. Request for Council approval and permission to use the badge artwork, shoulder patch and vehicle graphics of the El Segundo Police Department on a new 4410 special edition "Hot Wheels" toy police car to be designed and produced by Mattel, Inc. Chief of Police Tim Grimmond gave a brief staff report. MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs, to approve and permit the use of badge artwork, shoulder patch and vehicle graphics of the El Segundo Police Department on a new special edition "Hot Wheels" toy police car to be designed and produced by Mattel, Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 20. Authorization to retain William H. Liskamm, FAIA, to coordinate Civic Center Plaza Design Competition. Jim Hansen, Director of Economic Development gave a brief staff report. MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to authorize staff to enter into a contract to retain William H. Liskamm, FAIA, to coordinate the Civic Center Plaza Design Completion. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. NOT PARTICIPATING: MAYOR PRO TEM JACOBS. G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY Roscitto v. City of El Segundo, LASC Case No. YC 033484, Council voted to defend and indemnify officer Rex Fowler I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Announced a meeting Friday, April 9, 1999 at 8:30 A.M. in the FAA Office at 15000 MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999,7:00 P.M PAGE NO 12 r,45 M Aviation Blvd. Next to TRW. - Council Member Wernick - 21. Request for Council to adopt Resolution No. 4112 opposing SBC /Pac Bell's application for excessive rate increases and encourage SBC /Pac Bell to withdraw its application until a time when consumers have a competitive choice for their local services. MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to adopt Resolution No. 4112 opposing SBC /Pac Bell's application for excessive rate increases and encourage SBC /Pac Bell to withdraw its application until a time when consumers have a competitive choice for their local services, and have the benefit of public education. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Spoke regarding the article on Hyperion in the paper. Requested Council approval to have the mitigation monitor look into this and respond. Mayor Pro Tem Jacobs - Spoke regarding her presentation to Rancho Cucamonga. Stated she is representing the City on the Regional Housing Plan. Announced the Mariachi Band will be arriving in El Segundo on May 1, 1999, and a fiesta will be held May 5, 1999 at Chevron Park. Stated that the next Sister City Meeting will be April 12, at 5:30 in the West Conference Room, City Hall. - Council Member Gaines - Spoke regarding MAX meeting, and requested a public service announcement regarding MAX on our Community Cable. He also requested that the information be placed on the City web site. He further discussed airport issues. Mayor Gordon - 22. Oral update report on downtown revitalization. 23. Formation of subcommittee to review cost effectiveness of in -house and /or contract City Attorney services. MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999,7:00 P.M PAGE NO. 13 046 Consensus of Council to appoint subcommittee of Council Members Gaines and McDowell to review the cost effectiveness of in -house and /or contract City Attorney services. 24. Report on George Brett Day celebration on April 24, 1999. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the expenditures of $4511.50 from Community Events for the celebration of George Brett Day. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 510. PUBLIC COMMUNICATIONS - Mark Renner, resident, asked if the Council approved of a liquor store on Sepulveda Boulevard. City Attorney Mark Hensley stated that the City voted that public convenience or necessity would be served by allowing the ABC to issue a license for alcohol sales of beer and wine for off -site consumption at the Mobile gas station convenience store, 765 Sepulveda Boulevard. Lottie Gilley, resident, spoke about the proposed ABC license on Sepulveda Boulevard. Sandra Mason, resident; spoke regarding the proposed ABC license on Sepulveda Boulevard. She also spoke on the left -hand turn lanes at Grand Avenue and Sepulveda Boulevard and El Segundo Boulevard and Sepulveda Boulevard. Loretta Frve, resident, spoke regarding Senior Citizens groups, and how long she has been attending Council meetings. Liz Garnholz, resident, stated she felt the format of the City Council meetings had been changed. Eugene Gillingham, resident, spoke regarding the parking at the public lot on Mariposa Avenue and Main Street. J. Wilson, resident, spoke regarding formation of the sub - committee to investigate the cost effectiveness of an in -house and /or contract City Attorney. MEMORIALS - In Memory of Johnnie B. Wise MINUTES CITY COUNCIL REGULAR MEETING APRIL 6,1999,7:00 P.M. PAGE NO. 14 (` 4 7 _._ . W. CLOSED SESSION - None ADJOURNMENT at 10:20 p.m. to April 20, 1999 at 5:00 p.m. Cindy Mortesen, City Clerk MINUTES CITY COUNCIL REGULAR MEETING APRIL 6, 1999, 7:00 P.M. PAGE NO. 15 ZIN EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Requested change to returned checks policy. RECOMMENDED COUNCIL ACTION: Action by Council to charge $25.00 for check returned for non - sufficient funds. Present $10.00 charge does not cover cost incurred by City for returned checks. INTRODUCTION AND BACKGROUND: DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Memo and Procedures 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 X 61 Bue, City Treasurer ACTION TAKEN: mbin1buestaff Date: April 9, 1999 X 4 9 To: Honora & Cit Council Members 4/9/99 From: Bill B Subject: Ret After months of retaining records and detailing costs associated with the return of checks for insufficient funds, this office is planning to implement a change from $10.00 to $25.00 to cover the minimum costs associated with returned checks. The bank is presently charging the city $10.00 for each returned check and we have been passing that cost along to the initiator. It is now apparent to me that the administrative costs of handling the check and the loss of interest it would generate to be a minimum of $15.00 in addition to the bank charge. In some cases such as one I handled recently for $182.000.00, the cost to the city was over $100 in administrative time and interest r•u•7uta The average check returned is considerably smaller than the illustration above, but still requires a minimum of 15 minutes to process which equates to $9.90 plus loss of interest plus any extenuating circumstances I.E. traffic ticket to be re- instated, water bill added to following months bill, building permit requiring an inspector to shut down project, etc. A copy of our basic procedure is attached for your information. We intend to make a number of signs to be placed in strategic locations throughout the city indicating the increase in price prior to implementation. The present plan is to introduce this action on June 1, 1999 unless the council disagrees with such action in which case we will act in concert with your wishes. Please call me on X275 if you have an}, questions. 050 `fir• NSF CHECK PROCEDURES We receive returned checks from the bank by mail. Note that the returned item will also reflect on the daily bank balance just prior to receiving it in the mail. I. Remove the check and staple it to the bottom portion ofthe return notice. 2. Read the check carefully to note wily the check is being returned. 3. Code the notice to the appropriate accounts. 01 -1 107 is the account used for the original amount ol'the check 01- 3819 is the account used for the $10 return check fee (see attached) 4. Make two copies of the return notice for your file. Now that the check has been coded and prepared for restitution, a letter to the party who wrote the check is drafted and signed by either the Treasurer or the Deputy 'Treasurer. I . The icon "NSF on the computer contains the standard letter we send out for returned checks. 2. Change all pertinent intOrmation as it pertains to the specific person you are writing to i.e. name, address, amount, check number and date, when payment must be made, and why the check has returned to the ol'licc, etc... 3. Print out the letter on City letterhead and make a copy for the file. d. Submit to the "treasurer or Depute fur the signature and mail the original. 5. Attach the original relurn notice, the copies, and the copy of'the letter together and file alphabetically. When a party comes to make good on a check everything should be in order, be sure and coordinate your elli►rts with the cashier in order to make the process more eflicient. When the party comes to pay fir a returned check, ask if they are prepared to pay by cash or money order. Then go to the file and retrieve the packet you have previously prepared, the original check is returned to the party. Give one copy of the return to the cashier, keep the original ITUS a copy for the file. The cashier will give one receipt to the customer and one copy to us. Staple the receipt to the paperwork and file it, by date, in the "NSI: check" book. Give to the Deputy to Journal or place in the "To lie Journalized" green folder. Nine: This is the first strrndnrd procer/nre firr this process, in other ►rordc, it is still n work in progress. The N.VF Checks notebook is a recant ruldition and neede f nrther upJnting and TLC. ISIS !//9/99 r51 EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Second Reading of Ordinance No. 1307 for the proposed Multimedia Overlay (MMO) District to provide the opportunity for 1,500,000 square feet of development to be devoted to motion picture /entertainment and related multimedia production facilities east of Sepulveda Boulevard. Environmental Assessment — 445 (EA -445), General Plan Amendment 99 -1 (GPA 99 -1), and Zone Text Amendment 99 -1 (ZTA 99 -1) Address: City Wide (East of Sepulveda boulevard). Applicant: City of El Segundo. RECOMMENDED COUNCIL ACTION: 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, Adopt Ordinance. INTRODUCTION AND BACKGROUND: On 06 April 1999, the City Council held a public hearing on the above referenced item to review modifications to the Zoning Code for the proposed Multi -Media Overlay District to allow motion picture /entertainment and related multi- media production facilities to be permitted uses in various zones east of Sepulveda Boulevard. At that time, the City Council Introduced the Ordinance to amend various sections of the City0s Zoning Code and adopt a Mitigated Negative Declaration of Environmental Impacts. The attached Ordinance is presented for a Second Reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. ATTACHED SUPPORTING DOCUMENTS: A. City Council Ordinance No. 1307. FISCAL IMPACT: None. ORIGINATED: Date: 13 April 1999 J Bret B. Bernard, AICP, Director of Planning and Building Safety REVIEWED BY: Date: Mary Stfen ACTION T ea445 -2.ais 052 7 ORDINANCE NO. 1307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL Iwo SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA445 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, the Planning Commission adopted Resolution No. 2439 on March 11, 1999 recommending approval of the proposed amendments; and. WHEREAS, on April G, 1999, the City Council did hold, pursuant to law, duly advertised public hearings and review on revisions to the General Plan and 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 -415 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 appropriate adjustments to the development standards and other zoning requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -445 and ZTA 99 -1 the City Council finds as follows: ORDINANCE NO. 1307 APPROVING EA -445 AND ZTA 99 -I, AMENDING EL SEGUNDO MUNICIPAL. CODE PAGE NO. 1 `53 n GENERAL PLAN 1. 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. ENVIRONMENTAL FINDINGS The Draft Initial Study was made available for public review and comment in the time and manner prescribed by law. "Ilse 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); 2. 'fhat 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, 3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de 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 transmit $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council approves EA -445 and ZTA 99 -1, and adopts 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 building, part of a building, or structure, which is utilized primarily in the preparation of food and purveying it to off -site locations. Commissaries 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, building, 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. ORDINANCE NO. 1307 APPROVING EA -445 AND Z'rA 99- 1, AMENDING EL SEGUNDO MUNICIPAL CODF. PAGE NO. 2 054 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: .1 20.08.327 DIGITAL ARTIST. "Digital artist" means an individual or group whose primary focus is related to the preparation of computer generated product. 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 similar 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: 20.08.614 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 primarily 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. ORDINANCE NO. 1307 APPROVING EA-445 AND ZTA 99. 1, AMENDING EL SEGUNDO MUNICIPAL CODE PAGE NO. 3 n 5 5 SECTION 8. Section 20.08.637 shall be added to Chapter 20.08, Title 20, of the E1 Segundo Municipal Code �%W to read as follows: 20.08.637 PICTURE EQUIPMENT SALES. "Picture equipment sales" means an out -door or in -door area, building, 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 Building Safety are similar. 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 in -door 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 out -door or in -door area, building, part of a building, ,%MW 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 out -door or in -door area, building, 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 as follows: 20.08,867 THEATER AND PERFORMANCE SPACE. "Theater and performance space" means an out -door or in -door area, building, part of a building, 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. ORDINANCE: NO. 1307 APPROVING EA-445 AND !TA 90.1. AMENDING EL SEGUNDO MUNICIPAL. CODE: PAGE NO. 4 056 SECTION 13. Section 20.08.923 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code Iwo 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 (WWW) 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 Building Safety are similar. 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, multi - 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 in 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. ORDINANCE, NO. 1307 APPROVING EA -445 AND ZTA 99- I. AMENDING EI, SEGUNDO MUNICIPAL CODE PAGE NO. 5 057 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; it. Studio /sound stage(s) and other support facilities; f. 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.-17.025 PERMITTED ACCESSORY LAND USES. The following uses would be permitted as accessory uses in the proposed MMO District: A. Drive -thru or walk -up services, including financial operations, but excluding drive -thru restaurants; 13. 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. 20.17.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. The following uses would be permitted subject to the approval of an Administrative Use Permit in the proposed MMO District: A. The on -site sale and consumption of alcohol at restaurants, drive -thru restaurants, coffee shops, delicatessens, commissaries, and cafes; llkimw ORDINANCE NO. 1307 APPROVING EA -445 AND ZTA 99- 1, AMENDING EI, SEGUNDO MUNICIPAL CODE PAGE NO. a M 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 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 1' -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). SECTION 15. The current Zoning Map is hereby amended to reflect the change for the Multimedia Overlay District for all property east of Sepulveda Boulevard. The corresponding changes to the Zoning Map as set forth in Exhibit A. attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 16. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. ORDINANCE NO. 1307 APPROVING EA -445 AND'ZTA 99 -1. AMENDING EL, SEGUNDO MUNICIPAL. CODE PAGE NO. 7 r 5 9 adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 20th day of April 1999. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1307 was duly introduced by said City Council at a regular meeting held on the 6th day of April 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 20th 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: ell Mark D. Hensley, City Attornes. Ea445.ord ORDINANCE N0. 1307 APPROVING EA -445 AND LTA 99- 1, AMENDING EL SEGUNDO MUNICIPAL. CODE PAGE NO. 8 w:l] EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent ,. AGENDA DESCRIPTION: Approval of three separate amendments to existing Professional Services Agreements between the City of El Segundo and: Hannah Brondial -Bowen Associates; Willdan Associates; and, Tina Gall Associates; respectively, to continue contract planning support services to the Planning Division of the Planning and Building Safety Department, and, authorize the necessary budget transfer within the existing Planning and Building Safety Department Budget in amounts not to exceed $80,000 for Ms. Brondial- Bowen, $130,000 for Willdan Associates, and $16,000 for Ms. Gall, through the current (1998 -1999) Fiscal Year ending 30 September 1999. RECOMMENDED COUNCIL ACTION: 1. Approve the following Professional Services Contract Amendments for: a. Hannah Brondial -Bowen Associates: Amendment Number 1 to Contract Number 2666, in an amount not to exceed $80,000 through the current Fiscal Year ending 30 September 1999; b. Willdan Associates: Amendment Number 1 to Contract Number 2669, in an amount not to exceed $130,000 through the current Fiscal Year ending 30 September 1999; c. Tina Gall Associates: Amendment Number 2 t o Contract Number 2523, in an amount not to exceed $16,000 through the current Fiscal Year ending 30 September 1999; and, 2. Authorize the Mayor to execute each contract amendment on behalf of the City. INTRODUCTION AND BACKGROUND: The Department of Planning and Building Safety has, during the past eighteen months, variously employed the (continued Page 2) ATTACHED SUPPORTING DOCUMENTS: 1. Amendment to the Professional Services Agreements between the City and Hannah Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates, respectively. FISCAL IMPACT: ORIGINATED: (Check one) Operating Budget: ✓ Capital Improv. Budget: Amount Requested: 0 (Budget Transfer $150,000) Project/Account Budget: Project/Account Balance: Date: 20 April 99 Account Number: From 2701 Personnel to 001 -400- 2701 -6214 Professional/Technical Services Project Phase: N/A Appropriation Required - Yes_ No-/ Date: 14 April 1999 Bret 8. Jrn ard, rIcP, c tor of Planning and Building Safety Date: ry tre City Manager ACTION TAKEN: 1 r62 8 EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent INTRODUCTION AND BACKGROUND: (Continued from Page 1) services of Hannah Brondial -Bowen Associates, an independent professional planner; Willdan Associates, a provider of planning contract professionals; and, Tina Gall Associates, an independent grants administrator/ planner, to perform various professional and technical services for the Department. Existing Professional Service Agreements, previously approved as to content by the Department Director and as to form by the City Attorney, are already in place for these three professional planning firms. The amendments are simply extensions to the existing Agreements. The amendments will allow these three professional firms to continue service delivery during the Planning Division's current, continued staffing shortage. Within the Planning Division, the staffing shortage has left vacant, three of the four budgeted full -time, permanent Staff Planners. These two positions will remain vacant until after the completion of the Department Management Audit. The Management Audit Report is expected to be completed in May 1999. The Report's recommendations may include suggestions for a Department reorganization and /or reclassification of specific positions. Thus, since a minimum of fifteen to eighteen weeks' time is necessary to formally recruit permanent full -time staff, the Planning Division may not be completely staffed until after the end of the current Fiscal Year. Furthermore, it should be noted that Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates provide part-time, interim staff services, that, collectively, fall below the number of hours performed during a typical or average pay period attributable to the current vacant/on leave full -time, budgeted, permanent positions. DISCUSSION: In order to continue, uninterrupted, the Division's (and Department's) current service levels, including completion of existing projects and the provision of such basic services as responding to telephone inquiries, public counter coverage, and plan reviews, it is necessary to amend the current professional services agreements with Ms. Bowen, Willdan Associates, and Ms. Gall. To accomplish this, the Department budget requires a transfer of funds from the Personnel budget line item to the Professional/Technical Services budget line item. The transfer of funds from the Department's Personnel budget line item represents salary and benefit savings from the vacant, full -time Planning staff positions. Furthermore, additional funds from two, currently budgeted FY 1998 -1999 Department activities, Census Awareness and Signs /Inventory Abatement, will also be transferred to the Professional/Technical Services budget line item to support the temporary planning services provided by Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates. The Census Awareness and Signs /Inventory Abatement projects will be re- prioritized within the Department's future budgeted activities. Thus, Staff recommends approval of a budget transfer (and use of existing Professional/Technical Services' funds) together with approval of the three separate Professional Service Contract Amendments for Hannah Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates. There will be no fiscal impact to the City's General Fund. agendas \1999 \cntamdtl 2 P. 63 AMENDMENT (NO. 1) TO CONTRACT NO. 2666 HANNAN H. BRONDIAL BOWEN, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 1) to: AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2666) is hereby made and entered into by and between the City of El Segundo ( "CITY ") Hannah L. Brondial Bowen. WHEREAS the CITY on July 1, 1998 selected Hannah L. Brondial Bowen to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Hannah L. Brondial Bowen do hereby agree to amend the AGREEMENT as follows: 1. SECTION 4. TERM. Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98/99). 2. SECTION 8. COMPENSATION. The city agrees to compensate consultant for its Services at a fee of $55.00 per hour, excluding time and mileage for driving to and from the work site (City Hall) on regularly scheduled work days. Mileage will be reimbursed for travel to and from City Hall, at a rate of $0.31 cents per mile, in the event attendance is required at any other time. The total compensation to be paid by City to Consultant shall not exceed $80,000 for the total term of the Agreement including reimbursable expenses, unless additional payment is approved by the City Council. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 1. CITY OF EL SEGUNDO, A General Law City ATTEST: CITY CLERK By Date APPROVED AS TO FORM: �✓'" 1 �V C ATTORNEY r Date Date CONSUL ANT Date ' ? 3 C Hanna . Bro ial B en p\pW\cn lanxw01t bb X64 AMENDMENT (NO. 1) TO CONTRACT NO. 2669 WILLDAN ASSOCIATES AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 1) to: AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2669) is hereby made and entered into by and between the City of El Segundo ( "CITY ") and Willdan Associates. WHEREAS the CITY on September 21, 1998 selected Willdan Associates to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Willdan Associates do hereby agree to amend the AGREEMENT as follows: SECTION 4. TERM. Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98199). 2. SECTION 8. COMPENSATION. The city agrees to compensate Consultant for its Services at a rate of $70.00 per hour, with a range of $65.00 to $70.00 depending on the staff provided. The total compensation to be paid by City to Consultant shall not exceed $130,000 for the total term of the Agreement, including reimbursable expenses, unless 144d additional payment is approved by the City Council. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 1. CITY OF EL SEGUNDO, A General Law City ATTEST: CITY CLERK By Date CONSULTANT APPROVED AS TO FORM: �t^Ct3X ATTORNEY Date Willdan Associates Date Date p\p1an.cn1\amnd1wi1 P6 tom, AMENDMENT (NO. 2) TO CONTRACT NO. 2523 TINA GALL, CDBG ADMINISTOR, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 2) to: AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2523) is hereby made and entered into by and between the City of El Segundo ( "CITY ") and Tina Gall, WHEREAS the CITY on July 1, 1998 selected Tina Gall to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Tina Gall do hereby agree to amend the AGREEMENT as follows: SECTION 4. TERM. Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98/99). 2. SECTION 8. COMPENSATION. The city agrees to compensate consultant for its Services at a fee of $55.00 per hour. The total compensation to be paid by City to Consultant shall not exceed $16,000 for the total term of the Agreement including reimbursable expenses, unless additional payment not to exceed $10,000 total is approved in writing in advance by the Director of Planning and Building Safety. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 2. CITY OF EL SEGUNDO, A General Law City ATTEST: CITY CLERK By Date CONSULTANT By / �_L_ Tina Gall APPROVED AS TO FORM: ` CITY ATTORNEY Date Date Date /y91 p\0an.cnt\amend2.tg rss EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for playground upgrades at Recreation Park and Acacia Park — Project No. PW 97 -30 (contract amount = $33,023.00). RECOMMENDED COUNCIL ACTION: 1. Authorize a transfer of $13,500.00 from fiscal year 1998 -99 operating budget account no. 5102 -5206 (Parks Operation — Contractural Services) of the Recreation and Parks Department. 2. Award contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $33,023.00. 3. Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. INTRODUCTION AND BACKGROUND: On March 2, 1999, the City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids. The project includes upgrading existing playground areas to national standards. DISCUSSION: On April 6, 1999, the City Clerk received and opened the following bids: Green Giant Landscape, Inc. Malibu Pacific Tennis Courts Minco Construction Ryco Construction, Inc. Architect's Estimate = ATTACHED SUPPORTING DOCUMENTS: Vicinity map. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: BY: $33,023.00 $34,435.00 $42,624.00 $93,728.00 $22,500.00 (Discussion continues on the next page......) Yes $33.023.00 $27.000.00 $20.500.00 Date: April 7, 1999 301 - 400 - 8202 -8978 Award of contract Transfer of funds Mary Strenn. ACTION TAKEN: Date: t Pagel oft ('•6? N:COUNCILTW- APR20.02 (Tuwaday 4/13/99 9:00 AM) 9 DISCUSSION: (continued) The low bid amount was more than the amount estimated by the landscape architect. Discussions with the 140, bidders indicated that the bids were higher than anticipated due to the relatively small amounts of work being done at three (3) different locations. Staff is of the opinion that more favorable bids would not be received if the project were re- advertised. The total estimated project cost based on the low bid is $34,000.00, including contingencies. The funds available in the project budget are $20,500.00. Staff recommends transfer of $13,500.00 from the balance available in the 5102 -6206 (Parks Operation — Contractural Services) account of the Recreation and Parks Department operating budget. With this transfer, the project can be completed without appropriating additional funds beyond what is currently budgeted. The Recreation and Parks Department has indicated that the requested transfer of funds will not adversely impact the department's operations. Staff has received favorable responses from references provided by the apparent low bidder. Staff recommends award of contract to Green Giant Landscape, Inc., in the amount of $33,023.00. r-68 00 Page 2 of 2 N:\ C0UNCIL \PW- APR20.02 (Tuesday 4/13/99 9:00 AM) r ftw a 3Ny0N1MtN d0 ally J I "NMO3 S3130NI f01 �r� Dp 00)10 MOi r > J � w w ► w� w w w A w t � u u o. �e n69 /011VIAT '3AT OCSIOG38 AN NOVA _ W gou z t 4 A� 2 •03A1n/]s 3 SAW ■" SAW ■13 1` G SAW 3m1• C'SAW &ON-VTO Y =MA. WILL3600" ~_ ='3At ■1t1 = 3AV I,"" C SAW .1391 3Av t3rnVi _ v L3. "noii =IV 203mvis n N r� � O �C M`0Mr O 0 Z M W N U- 0 J W IL a LL. O r H MW z r M EL SEGUNDO CITY COUNCIL MEETING DATE: 4/20/99 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT CALENDAR AGENDA DESCRIPTION: Agreement for Professional Services between Prosum and the City of El Segundo to provide technical assistance for the City's computer and networking systems. RECOMMENDED COUNCIL ACTION: Approve Agreement for Professional Services between Prosum and the City of El Segundo. INTRODUCTION AND BACKGROUND: The City Council adopted a Technology Master Plan (Plan) on March 16, 1999 that recommended creating an Information Services Division within the Finance Department and hiring of an Information Services (IS) Manager and Network Technician to Implement all aspects of the Plan and to provide technological support to all City departments. The Information Services function continues to be handled with a variety of in -house and professional service personnel. DISCUSSION: (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Agreement for Professional Services between Prosum 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: 5135.1b0 Date: 2505 -6217 None 3 Bret Plumlee, Director of Finance /� y ono 10 DISCUSSION: As recommended in the Plan, the City is currently recruiting for an IS Manager and will begin the recruitment of the Network Technician within the next two months. Additionally, the City Council entered Into an agreement with Kerry Consulting Group on April 6, 1999 to provide technical expertise during the interim period while the IS Manager position is being recruited. Prosum is one of the professional service vendors that has provided technical services for the City approximately one day per week for the past two years. There area number of current technological projects in the City that are taking up most of the time of existing informational services and technical support staff. It is staffs recommendation to enter into an agreement with Prosum increasing the number of days informational services support from one to two for the next three to six months. This will enable existing staff to better handle the current workload until the IS Manager and Network Specialist positions can be filled. Some of the technological support services Prosum will be working on include the following: • Assistance with configuration of City network equipment (routers, switches, and other programmable network gear); • Assistance with setting up and maintaining network servers at the appropriate manufacturer service release and update levels; • Migrating from Novell Netware to an all NT Server environment; • Assistance with Year 2000 compliance on network and desktop software Other support services are listed on Exhibit A attached to the proposed Professional Services Agreement. 4 X71 AGREEMENT �aw FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 20th day of April, 1999, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the Prosum 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 23, 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 -1- 072 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. -2- 073 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the �aw Consultant shall be as set forth in Exhibits "B" hereto and made a part hereof. Payments �kw 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 necessary office supplies for Consultant's on -site staff, if any. -3- 074 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 140� 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 outlined in the Scope of Services, shall be furnished to Consultant -4- 075 M 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 seg. 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 -5- r'76 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 'r'd 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 ?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, 1641W -�- r7R "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. 079 n The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for 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 ANIL 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. (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. (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. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: -10- (1 81 IVOO (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any 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. -11- n82 Iwo (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 4410� 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 to inspect complete, certified copies of all required insurance policies, at any time. -12- 083 (1) Consultant shall furnish certificates and endorsements from �ft"' 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. 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 -13- WE 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 `"O County Superior Court. 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 19. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the -14- r,85 M authority to execute this Agreement on behalf of his /her/their corporation and warrants and �%W 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: Cam. Attention: Bret Plumlee Finance Director City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 607 -2240 Facsimile (310) 640 -2543 Consultant. Attention: Ken Aster Prosum 2041 Rosecrans Ave., Suite 350 EI Segundo, CA 90245 (310) 563 -3620 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. -15- 086 20. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. By Title CITY OF EL SEGUNDO By Title ATTEST: Cindy Mortesen City Clerk -16- AP AED O ORM: ark . City Attorney 087 haw EXHIBIT A SCOPE OF WORK 1) Provide up to 8 hours per month of Level 1 services including, but not limited to: • Network design strategy planning; • Phone support for designated City staff and /or on -site Prosum employees. 2) Provide up to 2 days per week (6 -8 hours per day) of Level 2 support services onsite as directed by the City's Finance Director or his designee which shall include: • Assistance with configuration of City network equipment (routers, switches, and other programmable network gear); • Assistance with setting up and maintaining network servers at the appropriate manufacturer service release and update levels; 11%W . Assistance with desktop configuration and updates; ,b✓ • Assistance with Y2K compliance on network and desktop software; • Migrating from Novell Netware to an all NT Server environment; • Setting up reliable and secure Internet access both internally and through a Virtual Private Network; • Other specific task assignments by the Finance Director or his designee. 3) Weekly reports of task status for all assigned tasks shall be provided verbally or in writing to the Finance Director. 4) Task assignments will be made by the Finance Director of his designee and reviewed each week as part of the above referenced status report. 5) Finance Director may scale back weekly work assignments with 2 weeks prior written notice to not less than six hours per week of a Level 2 resource. -17- 0.88 EXHIBIT B RATES 1) Level 1 rates shall be for a qualified senior network analyst with relevant training and experience in City network technologies. The rate for this service shall be $125 per hour. 2) Level 2 rates shall be for a qualified network technician with relevant training and experience in City network technologies. The rate for this service shall be $75 per hour. 3) Total fees shall not exceed $5800 per month. -18- ROOM Vad EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Proposed revisions to the class specification for the job classification of Disaster Preparednes Coordinator. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: Approve the class specification. INTRODUCTION AND BACKGROUND: The attached class specification was reviewed by Fire Department Management staff and revised and updated to reflect the current duties and responsibilities assigned to the one position job classification. The current class specification was approved by the City Council on August 6, 1996. The revised class specification has been reviewed by the City employees Association. DISCUSSION: Approval of the class specification is required in order for the Human Resources Department to initiate the necessary steps in the recruitment and testing process. ATTACHED SUPPORTING DOCUMENTS: Class specification in add - delete format. FISCAL IMPACT: N/A (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: 4/12/99 o Aistant City Manager REVIEWED BY: Man ACTION TAKEN: agenda.313 f�.E' ,.-7r.�- (1q0 V .Y Date Adopted: CITY OF EL SEGUNDO DISASTER PREPAREDNESS COORDINATOR Under general supervision, administer and coordinate emergency preparedness planning, ergeniretiem,, and training for the City in accordance with mandated Standardized Emergency Management System (SEMS): responsible for preparation and maintenance of the City's Disaster Preparedness Plan including budget, resource materials, community and media relations; serve as a technical advisor to city administration and Area G Coordinator in the event of a large scale natural disaster or declared state of emergency; and perform related duties as required. The incumbent in this non - safety, single position classification is supervised by and receives direction from the Fire -Gh*e Administrative Battalion Chief. This position is non - supervisory but may direct the work of others within the scope of performing duties. The Disaster Preparedness Coordinator is responsible for the administration and coordination of all emergency preparedness planning eperetienei and training functions for the City. The Disaster Preparedness Coordinator is the liaison between the City and community, media, and various local, state, and federal emergency organizations and agencies. Duties may include, but are not limited to, the following: Coordinate emergency planning and operations within the City and with local, state, federal and private agencies and /or organizations. 2. Prepare and update the City's Disaster Preparedness Plan in accordance with various local, state, and federal legislation; end review City Resolutions and Ordinances for accuracy and compliance with current legislation, codes, regulations and ordinances and incorporate into the City's Disaster Preparedness Plan. Coordinate implementation and enforcement of all governing rules, regulations, and codes pertaining to emergency preparedness and serve as City's emergency preparedness technical advisor. 4. Organize and conduct emergency preparedness training exercises; occasionally assist the Public Education Officer with response assessments, First Aid, and CPR for city work force, business community, and other community groups and organizations; oversees the Community Emergency Response Team (C.E.R.T.). Train appropriate city personnel on the Standardized Emergency Management System (SEMS) and ensure City qualification for disaster reimbursement funding. 6. Develop and promote public emergency preparedness awareness including preparing preparation of brochures, flyers, press releases, and other promotional materials; make oral presentations to City Council, committees, community and business groups; and conduct in -home resident meetings. 7. Maintain and update emergency resource library and area mapping collection for use by suppression, prevention, and inspection personnel including electronic, visual, and written formats. 091 , // /(-,, -. __-� /, j - 0 0 ': �� 8. Chair emergency preparedness planning meetings, committees, and boards as assigned by the Fire Chief end may attend Area G planning and training meetings and seminars. 9. City liaison with media, amateur radio operators, and school district on emergency and disaster '111111W preparedness; emd provide counsel on emergency preparedness training, administration and response. 10. Complete, submit, and track claims to Federal Emergency Management Agency (FEMA) and prepare other written and /or verbal reports, logs, and statistics. 11. Test area communications systems for ready effectiveness and efficiency. 12. Maintain City's; Emergency Operations Center at a high level of readiness. QUALIFICATIONS GUIDELINES Education and/or EXnerience: Any combination of education and /or experience providing the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include a minimum of three (3) years experience in administration or coordination of a disaster preparedness or emergency services program for a governmental agency or private emergeney serviees organization. Qualifying experience te- inelude which includes experience utilizing the Standardized Emergency Management System (SEMS) is preferred. Considerable knowledge of the objectives, policies, legislation, and regulations governing disaster preparedness management programs and systems; principles and practices of organizational management, training and supervision; incident command strategy; Standardized Emergency Management System (SEMS); modern office and records management methodology and technology; cartography; budget preparation; research methods; grant writing; and resource materials collection. Ability to communicate effectively in verbal and written form; ability to perform duties responsibly, effectively, and efficiently with minimal supervision or direction; read, comprehend, and clarify complex statistics, legislation, codes, and regulations; understand and analyze disaster preparedness programs and training needs and make appropriate recommendations; prepare simple and complex reports, guidelines, and other written materials; make oral presentations; ability to satisfactorily perform duties under stressful and /or emergency situations; establish and maintain cooperative working relationships in the performance of duties. Skill in operating a personal computer and appropriate software; skill in using various disaster preparedness equipment, supplies and materials. Work may be performed in a field setting under a full range of environmental conditions and in a traditional office setting. The Disaster Preparedness Coordinator may work with and /or in close proximity to structural, environmental, electrical, noise, and mechanical hazards, including various forms of bio- hazardous materials. Work may be performed under stressful emergency situations in the event of natural disasters and /or declared states of emergency. Irregular work schedule and work on holidays, weekends, and evenings may be required. The Disaster Preparedness Coordinator is subject to working on an on -call basis. Physical demands may include working in confined space - areas,wal king, .running, climbing, bending, twisting, repetitive hand and arm motions, kneeling, sitting for extended periods of time, crouching, reaching above head and shoulders, light to heavy lifting, safe operation of various electrical and hand operated tools and /or equipment and safe operation of various motorized vehicles. Possession of, or the ability to obtain, a valid Class C California driver's license and a satisfactory driving record. 092 fire:dp- coord.wpd EL SEGUNDO CITY COUNCIL MEETING DATE: 4/20199 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT CALENDAR AGENDA DESCRIPTION: Request for Proposals (RFPs) for Audit Services RECOMMENDED COUNCIL ACTION: Authorize the Department of Finance to issue RFPs for the City's financial audit. INTRODUCTION AND BACKGROUND: The City's agreement for audit professional services expired following the completion of the FY 1997/98 audit of the City's Comprehensive Annual Financial Report. The Finance Department does not intend to execute its two -year option on the audit agreement in order to evaluate other possible opportunities within the industry. Since it is required by Sec. 2.52.060 of the El Segundo Municipal Code to complete a formal competitive negotiation for a Professional Services Agreement of this size, the Department of Finance is requesting approval to issue a Request for Proposals (RFP) for all of the required financial and compliance audit professional services, which include: 1) City's financial statements - This will not include auditing of business licenses. 2) A Single Audit (A financial and compliance audit of Federal Grants) 3) The State Controllers report. DISCUSSION: Continued on Next Page ATTACHED SUPPORTING DOCUMENTS: NONE FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: No new fiscal impact ORIGINATED: Date: 9 Bret Plumlee, Director of Finance and Gavin Curran, Assistant Finance Director X93 12 DISCUSSION: Within this Request for Proposal (RFP) the Finance Department is considering a three -year audit Professional Services Agreement with the possibility to exercise a two -year extension. Each potential qualified firm of certified public accountants is provided with a general description of the City of El Segundo, the scope of work to be performed, reports to be issued to the City Council, Auditing Standards to be followed and technical qualifications and audit approach to be adhered to. With the many changes in personnel over the past year within the Finance Department this RFP calls attention to the importance of reviewing the department's policies and procedures and providing recommendations, if necessary, to improve those polices and procedures. A requirement of 100 extra service hours is included to use toward the implementation of any audit recommendations. To ensure only the most qualified certified public accounting firms respond, this Request for Proposals has placed special emphasis on the technical qualifications and audit approach of each firm. The technical requirements include independence from the City of El Segundo, as defined by the U.S General Accounting Office's Standards for Audit of Government Organizations, Programs, Activities and Functions (1988), a review of the firm's most recent external quality control review report and verification of quality audit work, a requirement that the firm's professional personnel assigned to the audit must have received adequate continuing professional education within the preceding two (2) years, and a review of the firm's most significant engagements performed in the past five (5) years that are similar to this engagement. Consideration of the audit approach includes evaluation of the adequacy of proposed staffing plan for various segments of the engagement, adequacy of sampling techniques and the adequacy of analytical procedures. Overall cost is considered but is weighed against the technical qualifications and audit approach of each firm. The Finance Department expects to select an audit firm by June 18 and include the recommendation to enter into a Professional Services Agreement on the July 6, 1999 City Council Agenda. The Request for Proposals is available for review in the Finance Department. 094 Y EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration of an increase in dues for membership in the South Bay Cities Council of Governments ( SBCCOG) (fiscal impact - $2,519.00 of AB 2766 funds). RECOMMENDED COUNCIL ACTION: Approve the new annual dues of $2,519.00 INTRODUCTION AND BACKGROUND: The City is a long standing member of the SBCCOG. In the last few years the SBCCOG has been attempting to transition from on organization staffed with volunteer City staff members to an organization supported by a contract administrator. DISCUSSION: The attached letter from Dee Hardison, Chair of the SBCCOG, lays out many of the issues the COG has dealt with over the past few years. The bottom line is that, in order for the SBCCOG to effectively represent its member cities, the COG must continue to utilize the services of a contract administrator. In order the pay the administrator, the COG must raise its dues as indicated on the last page of the attachment. Previously, the annual dues to all member cities was $600 per year. Historically, the City of El Segundo has benefited substantially from participation in the COG. In the last two �kw (2) MTA Call for Projects, the City has received approbmately $4,800,000. The City has also benefited SBCCOG cities supporting each other on issues of common concern. The SBCCOG administration has been woridng with the Air Quality Management District to ensure that AB 2766 funds could be used to pay COG dues. At the present time, the City has accumulated an AB 2766 balance of $17,317.58 for which we have no identified use. It is recommended that the City Council approve the new annual SBCCOG dues of $2,519.00 and authorize the use AB 2766 funds to pay the dues. ATTACHED SUPPORTING DOCUMENTS: Letter and attached material from Dee Hardison, Chair SBCCOG, dated April 7, 1999. FISCAL IMPACT: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: AB 2766 Funds • #� $17.317.58 Date: 4/13/99 mate: N:ICOUNCUPW-APR20.04 (Tuesday 4/13/98 4:00 PM) '61 13 South Bav Cities COUNCIL OF GOVERNMENTS April 7, 1999 Dear South Bay City Manager: i;ECEiVED APR 0 91999 CITY M ARM Da' �lQ &1%I Rancho Palos Verdes, CA 90275 On March 25, 1999 at the regularly scheduled South Bay Cities Council of Governments ( SBCCOG) meeting, the Board voted to concur with the attached paper that outlines the necessity for a dues increase for the SBCCOG. They also voted to forward the proposal to all member cities' City Councils for consideration. The South Bay Cities City Managers' Association has already reviewed a draft version of the paper and at the March 17, 1999 meeting of the Association, an action was taken to support the proposed dues increase. At this time, I am requesting your assistance in scheduling the dues increase issue on an upcoming City Council agenda in your City. Our goal is to have all member cities review, comment and, hopefully, approve the increase by May 10, 1999, so that the SBCCOG can adopt a budget and make staffing decisions for the coming year. For your convenience, a sample council item to transmit the dues increase paper is also. attached. While your City's SBCCOG delegate and/or alternate may be familiar with the issues and comfortable answering questions, in some instances that may not be the case. Therefore, the SBCCOG Officers and Board members are available to attend one of your Council meetings to answer questions or provide background information. Please contact me at (310) 618 -2801 or our coordinator, Jacki Bacharach, at (310) 377 -8987 at least two weeks in advance so that arrangements can be made to have someone from the SBCCOG attend. If you have any questions, please do not hesitate to call me or Ms. Bacharach. Sincerely, 9 Dee Hardison Mayor, City of Torrance Chair, SBCCOG DH:maw Attachment: 1. Dues Increase Paper 2. Sample Council Item LOCAL GOVERNMENTS IN ACTION 1' 4 Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Los Angeles Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance FUTURE OF SOUTH BAY CITIES COUNCIL OF GOVERNMENTS: NECESSITY OF INCREASED DUES CONTRIBUTION BY MEMBER CITIES lkaw adopted in March 1999 by SBCCOG Board of Directors 404&1111 In 1994 the 16 cities of the South Bay approved the formation of the South Bay Cities Council of Governments ( SBCCOG or COG). Over the next four years, the COG's work program was based upon a Subregional Strategy that was developed in 1993. Due to changes in the organization, competing priorities and increased demands and expectations with no increase in resources, the SBCCOG in late 1996 held a Goals Workshop to review and reprioritize the COG's goals and objectives. As a result of the workshop, the following issue areas were identified as the highest priorities for collective action by the SBCCOG: • Transportation (includes LAX) • The Economy • Crime and Drug Use Prevention • Livable Communities `.►' These priority areas would be supported by subregional information sharing being implemented via the ACCESS program and the COG information sharing /GIS committees. Before adopting a new work program to implement the revised priorities, the South Bay City Managers' Association recommended and the SBCCOG Board concurred that a Position Paper be developed and forwarded to all member cities. The Position Paper was completed in August 1997 and provided background information and a context for the current priorities and action items, and highlighted many of the SBCCOG's successes on behalf of the member cities and our subregion. The paper compared our SBCCOG with other similar subregional organizations and presented a rationale for creating and filling staff positions for the COG. After reviewing the Position Paper, the SBCCOG Board recommended that member cities; 1) receive and comment on this Position Paper; 2) concur with creating and filling an administrator position for the first year of a phased staffing program and fund this position from outside resources with the caveat that matching in -kind funds most likely would be required; and 3) support the ('97 SBCCOG Board in implementing the actions necessary to carry out the SBCCOG's work program. From September 1997 to November 1997, member cities responded to the Position Paper and all concurred with the SBCCOG Board recommendations. At that time, as now, there were few sources of funding for the management of subregional COGs. SCAG allowed the allocation of a small percentage of our OWP funds for the administration of projects. The Steering Committee of the SBCCOG determined that $60,000 was available to hire an administrator for one year. This funding included a one -time use of $50,000 of our total COG's Overall Work Program (OWP) funds from SCAG and $10,000 of our COG dues (carryover dues from 1997 -98 and commitment of a portion of the 1998 -99 dues). An RFP was written, interviews were held and Jacki Bacharach & Associates was hired as our SBCCOG Coordinator from May 1, 1998 to April 30, 1999. Additional funding from SCAG allowed the COG to extend Jacki Bacharach & Associates' contract two additional months until July 1, 1999. ACCOMPLISHMENTS The SBCCOG has shown that cities can be very successful working together as a subregion. We are committed to maintaining and protecting local control and not overlaying or imposing another regulatory layer of government. As a nascent organization we have achieved much, but challenges remain and opportunities for mutual gain continue to present themselves. SCAG has established subregions as a part of their structure and as such the work required of the subregions has increased significantly. Specific SCAG projects for the past year have included: • Implementation of the 1997 -98 Overall Work Program (OWP) • Obtaining $249,000 in 1998 -99 OWP project monies • Development of all OWP Scopes of Work • Coordination and development of OWP RFP process, selection, and contracts • Beginning negotiations with SCAG for 1999 -00 OWP funds • Dissemination of SCAG information such as the Regional Housing Needs Allocation (RHNA) data to cities for review M 2 f?9� Many of our SBCCOG projects for last year were not SCAG driven. As a r�1r• subregion, the COG has been able to influence regional decision - making. We have been the facilitator and the forum for ideas such as the following: • Submitting 20 MTA 1999 Call- For - Projects Applications from nine cities • Coordinating through the SBCCOG the 1995 & 97 Call for Projects from which 13 of our member cities have directly benefited. • Implementing the Tri- Cities Bikeway project by acting as liaison between the South Bay cities and the MTA. • Hosting Legislative forums which included Federal and State elected Representatives, Supervisor Don Knabe, and South Bay City Managers • Sponsoring of Dispute Resolution Training for 30 people from South Bay cities • Speaking out as a subregion on: • NPDES • Residential care facilities • Southern Pacific rail corridor • Water Reclamation Board rebate • 310 area code split • Congestion Management Program �kw • Preparing a quarterly newsletter about the subregion • Coordinating with South Bay Economic Development Partnership in promotion of the South Bay as a subregion �tw • Serving as a network of resources to gather informed input concerning the proposed expansion of LAX • Monitoring the activities of MTA, SCAQMD, County of LA and other relevant agencies as to their impacts on our subregion • Sponsoring the on -line South Bay Smart Shopper project and a South Bay web site Through the COG, we have been able to increase our voice in the region, essentially providing additional staff support, both technical and practical, for our member cities. We can send one person to meetings and share the information instead of each city sending their own person. With dedicated staff, the COG has been able to act in a cost effective, timely manner providing an identity to the projects and actions we have in common. If each city had to provide dedicated staff or hire a consultant to work on each of 3 099 these projects separately, the cost would be much greater, it would more time and the products would not be as useful to the whole South Bay. Many of these projects were only possible because the SBCCOG had the services of a paid coordinator responsible for running the COG. To supplement the work of our coordinator team, a few cities still provide a disproportionate amount of volunteer support staff. For the past year the value of this staff time has been more than sixty hours with a value in excess of $32,000. NEXT STEP! The SBCCOG will have completed our first year with a coordinator on May 1, 1999. In our Position Paper of August 1997, we stated that the COG would come back to our member cities for further direction. It is now decision - making time for SBCCOG - The subregion is at a crossroads! We run in place as other subregions gain advantage: Alameda Corridor East, Multimedia Centers, Bio- Technology.... Our contract with Jacki Bacharach & Associates expires on July 1, 1999. The $50,000 from SCAG to pay for a coordinator was a one time grant. Our funds from SCAG for the 1999 -00 OWP will probably only include about $25,000 for administration. With only $25,000 from SCAG and the current total COG dues of $9,600 (most of which goes to pay for our secretary who prepares the agenda and takes the minutes of the monthly board meetings), it is very apparent the COG will not be able to hire a coordinator for 1999 -00. Returning to using only volunteer staff support from a few of our member cities is no longer realistic if SBCCOG is going to compete with the other subregions in LA County and Southern California. Most all of the subregions now have an organization, which includes paid support staff. Because of this, these subregions are very effective in getting the limited Federal, State and Regional funds for their subregion. For the SBCCOG to be heard effectively and to get our "fair share" of those funds, we also need to continue to have an effective subregional organization with dedicated professional staffing. The SBCCOG has sought funding from other agencies such as the EPA Sustainable Communities Grant to further meet our funding needs. In the past few years, SCAG, SCAQMD, and MTA have all cut back on their outreach to cities so 4 -100 COGs are assuming a liaison role they never had before and the regional agencies are relying more on COGS to perform this function. The SBCCOG is currently seeking grant funding from MTA, SCAQMD and additional monies from SCAG to support our efforts with these outside agencies. But there are other collaborative efforts that the COG can pursue if resources for coordination and implementation were available. At our recent city Managers' Forum, the following collaborative efforts between the COG and our member cities were suggested: • Coordinating member cities sharing of information technology, such as a common GIS system, which would be helpful in obtaining grants • Creating opportunities for joint meetings and lobbying with our Federal, State and County legislators on member cities issues • Coordinating training courses for the staffs of our member cities • Serving as a clearinghouse of information such as: salary surveys, average cost of refuse contracts, location of clean fuel facilities, etc. for our cities • Coordinating cost - cutting joint purchasing options for member cities RECOMMENDATION �kw The Board of Directors of the SBCCOG at its meeting in March approved an increase in dues to allow the collaboration between the COG and member cities to grow so that the COG is able to continue to foster mutual benefits. The Board of the SBCCOG further recommends that the budget for 1999 -00 fiscal year be set at $98,000. It has been apparent for some time that $60,000 wasn't a realistic amount for a coordinator. With only $10,000 from dues for non -SCAG related expenses, the coordinator team provided many services during this past year for very little compensation. With the $25,000 available from SCAG, there would need to be an additional $73,000 from member cities to achieve a budget of $98,000. The Board of Directors believes the fairest way to reach the $73,000 is to first establish base dues of $1500 for each city. Then using the City of Rolling Hills as the base city, determine the additional dues for each city based on its population above the base (see attached chart). 5 101 The COG realizes that finding funding within the General Fund may not be available for all of our cities, but we know that there are other sources of funding for the increased dues besides the General Fund of the city. Cities in other subregions use some of their AB2766 funds and /or Proposition A & C Transportation funds to make their dues commitments. COG membership is an acceptable use of these funds. The SBCCOG would certainly assist any city in the administrative paperwork of the use of these funds for COG dues. ON ST 13 .0 ' There is no going back. Regional organizations are cutting back their outreach and relying more on the COGS in reaching cities with funding and programs. The SBCCOG does not want to create a new bureaucracy, but we want our fair share at the regional table. The Board of Directors believes that the increased cost of SBCCOG dues to each city will be returned many times over in what we can accomplish together in programs and projects to benefit our cities. The SBCCOG believes it has accomplished a great deal during this past year with a minimum level of support staff. To even maintain this same level of support, there needs to be a member city dues increase. Without the dues increase, the SBCCOG will cease to be an effective subregional organization! There is no city or cities that have the resources to provide a level of staff support to keep the COG functioning at this new increased level. The Board of Directors of the SBCCOG requests that each member city review this proposal and adopt the dues increase. 6 102 * *SAMPLE CITY COUNCIL ITEM ** Honorable Mayor and Member of the City Council: SUBJECT: City Council consideration of an increase in dues for membership In the South Bay Cities Council of Governments to cover the costs of administering multijurisdictional work projects. BACKGROUND AND ANALYSIS: SBCCOG Successes The South Bay Cities Council of Governments ( SBCCOG) is a voluntary organization of sixteen cities under a joint powers authority to address shared transportation problems. This cooperative action dates back to the 1970s when the South Bay Cities Association was formed. Over the years since then, the regional planning emphasis has been decentralized to subregions, creating an opportunity for communities to undertake more meaningful policies and projects. Concurrent with this change has been the enactment of criteria for joint sponsorship of transportation and infrastructure projects in determining funding `,,,, allocations. The SBCCOG was established in 1994, and the member jurisdictions set about developing common goals, objectives and priorities for programs that would enhance the quality of life for all who live, work and visit the South Bay. In 1997, each member city adopted these goals and strategies as they were articulated in a Position Paper. Included in the Position Paper was a discussion of staffing and funding options. Implicit in the adoption of the SBCCOG's priorities was the acceptance of an administrative structure for the organization. Since the SBCCOG's formation, the members have been actively seeking funding for key mobility projects. Through the SCAG Overall Work Program (OWP), which channels federal transportation planning dollars to the subregions, the SBCCOG undertaken several projects that have established a framework for our cooperative needs. In the SBCCOG's 1998 -99 OWP, over $249,000 from SCAG will be used to: Develop a subregional prototype transportation model and refine the network of roadways that currently exist in the SCAG model Examine the impact of truck movements on South Bay streets and develop mitigation strategies for bottlenecks .1 n .i AN • Expand and enhance the shared database of population, socioeconomc and transportation data Develop quantifiable "livability" strategies that member jurisdictions can utilize in making community development decisions Monitor and provide the South Bay's input into the 1999 SCAG Regional Transportation Plan amendment, the 2000 Air Quality Management Plan update, and the full Regional Transportation Plan update in 2001 In addition to SCAG funding, the SBCCOG has maximized our funding from the Los Angeles County Metropolitan Transportation Authority (MTA) for our ongoing and highly South Bay Signal Synchronization Project. Several of the SBCCOG member jurisdictions have also received funding from the MTA for their transportation needs: Widening of Aviation Boulevard in El Segundo New interchange and improvements at Arbor Vitae and 1 -405 in Inglewood A website designed to promote the SBCCOG's local businesses via the Internet and comingle important information on local services and facilities has gone online. It is funded through the South Coast Air Quality Management District (AQMD) and is expanding with new listings on a regular basis. Along with the SBCCOG's active undertaking of transportation and air quality enhancement programs, the jurisdictions have provided a forum for collective monitoring and action on issues such as: • Expansion of LAX • NPDES • Residential care facilities • Water Reclamation Board rebates • 310 area code split • Congestion Management Program For the upcoming year, SBCCOG communities have collectively promoted 20 applications for funding of key transportation projects for the MTA's Call for Projects. Administrative Needs The SBCCOG's expanding workload requires a great deal of coordination, oversight, contract administration, and project tracking. Most of the SBCCOG's projects are conducted by consultants, and it is necessary to monitor and report to SCAG, MTA and the AQMD on a regular basis. 2 104 P 16 W-A r Until the past fiscal year, the administrative function for the COG was fulfilled by consultants and via the voluntary efforts of several member cities. In 1998 the SBCCOG contracted with Jacki Bacharach and Associates to provide the needed administrative functions. However, funding for this critical SBCCOG function has been limited. Initially, the SBCCOG received a one -time award of $50,000 from SCAG to cover these administrative needs, and, coupled with existing dues, we were able to begin organizing much of the work. However, a maximum of up to ten percent of a subregion's OWP funds can be applied to administration, and, for the upcoming fiscal year, this will amount to only $25,000. This, added to the $9,600 expected from dues, will only pay for half of the OWP oversight we need, and will not cover the administration of non -OWP projects. Options for receiving outside funding for the SBCCOG's administration are few. Although we will actively seek funding from agencies such as the MTA, the AQMD, and other sources, these monies cannot be used for project oversight. Even if funds were applicable to project management, the SBCCOG could not anticipate discretionary funding for future fiscal years. Thus, the ability of the SBCCOG to fully finance the management of its programs could not be assured. The SBCCOG Board of Directors has delineated this dilemma in a paper entitled, "Future of South Bay Cities Council of Governments: Necessity of Increased Dues Contribution by Member Cities." The paper expands on the SBCCOG's successes and the concerns for the future. Given the uncertainty of outside funding for the adminstration of the SBCCOG's programs, the member jurisdictions can insure a source of support by contributing more through their dues. To do this, the paper recommends a population -based dues formula which addresses equity among cities of varying sizes. The paper, inclusive of the proposed dues structure, is attached to this item. Assuming the proposed dues structure is enacted by all member cities, the SBCCOG will be able to continue achieving the collective goals adopted in the Position Paper. With the administrative oversight in place, the SBCCOG will be better able to receive information on regional policies, respond to these issues, and expect to be proactive in promoting our unique South Bay needs in competition with those of other subregions. 3 105 ANN RECOMMENDATION: The City Manager recommends that the City Council review material relating to the administrative needs of the South Bay Cities Council of Governments and adopt the proposed dues for the City of Respectfully submitted, City Manager Attachment: Discussion Paper on SBCCOG Administrative Needs and Proposed Dues Structure 4 t06 MA 100 M OR SBCCOG - Proposed Dues City Population Total Dues Carson 90,554 $7,760 El Segundo 16,424 $2,519 Gardena 57,986 $5,457 Hawthorne 78,573 $6,913 Hermosa Beach 19,098 $2,708 Inglewood 118,484 $9,735 Lawndale 30,191 $3,492 Lomita 20,502 $2,807 Manhattan Beach 34,898 $3,825 Palos Verdes Estates 14,317 $2,370 Rancho Palos Verdes 43,657 $4,444 Redondo Beach 65,755 $6,007 Rolling Hills 2,016 $1,500 Rolling Hills Estates 8,404 $1,952 Torrance 143,601 $11,511 City Totals 744,460 $73,000 SCAG $25,000 TOTAL BUDGET $98.000 Current Dues: $600 x 18 cities = $9,600 ASSUMPTIONS 1. TOTAL BUDGET $98,000 2. SCAG $25,000 3. CITIES $73,000 4. BASE DUES $ 1,500 5. POP DUES 6. TOTAL DUES TOTAL Minimum paid by each City (total paid by Rolling Hills) Proportionate to City's pop in excess to that of Rolling Hills BASE DUES + POP DUES N1PR0JECTSISBCC0G.PR0 (4/13/99) 1 0 '7 EL SEGUNDO CITY COUNCIL MEETING DATE: April 20, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: FISCAL IMPACT $16,140 Proposal to fund and operate a Certified Farmers' Market in the City of El Segundo. RECOMMENDED COUNCIL ACTION: Approve the funding and operation of an El Segundo Certified Farmer's Market on Fridays from 4:00 to 7:00 p.m. on Main Street in front of City Hall. INTRODUCTION AND BACKGROUND: On December 16, 1998, the City Council considered an Action Plan developed by staff to implement portions of the Downtown Task Force's report entitled "Developing A Vision for Downtown El Segundo." One of the action items included the formation of a Farmer's Market. On January 5, 1999, the City Council approved an Action Plan including a budget of $145,000 for the following programs: Civic Center Plaza Design /Development, Downtown Events Programming, Specific Plan, and Retail Recruitment. They are in various stages of implementation. The Downtown Revitalization Subcommittee has reconsidered the merits of retaining a retail recruiter (given the shortage of available retail space) and has instead recommended shifting a portion of these funds over to the Farmer's Market project. The cost to operate the market for the first six months is estimated to be $16,140. The annual cost is estimated to be $26,280. DISCUSSION: The first task was to solicit a feasibility analysis from the Southland Farmer's Market Association. The recommendations of this analysis indicate that the people in the area would be well served by a Certified Farmers' Market. A Farmers' Market would be most successful if the City chooses a site that serves the market, with the right day and operating hours, and selects a site with ample parking. They specify that the best site would be one that is a visible part of the downtown area and that has adequate parking for 100 shoppers at any one time. The report also specified several optimal hours of operation, which would serve both the farmers and the local community, including Wednesday afternoon /evening, Saturday afternoon, Tuesday morning, and Friday afternoon or evening. On April 12, 1999, an advisory committee composed of downtown merchants, property owners and business leaders met to discuss the results of this study. After considering the Association's recommendations, the committee agreed to support a Farmer's Market in El Segundo and recommended that it be located on Main Street in front of City Hall, and that it be held on Friday afternoons, from 4 to 7 p.m. Not only does this time and location follow the recommendations of the Southland Farmer's Market Association, but it will aid in developing renewed interest in downtown El Segundo. The projected target date for the opening of the Farmer's Market is the beginning of July 1999. In order to get the market up and running, Mary Lou Weiss, who operates the City of Torrance Farmers' Market, will be hired to conduct planning and preparation to open the new market. The Recreation and Parks Department will have primary responsibility for the Farmers' Market, including all staffing and operation. Staff estimates that the projected cost for six months will be $16,140. ATTACHED SUPPORTING DOCUMENTS: 1) Farmers' Market Budget 2) Feasibility Analysis FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: $16,140 Project/Account Budget: $75,000 Project/Account Balance: Account Number: Appropriation required: $16.140 10814 ORIGINATED BY: Jim Fau irec76r�? Recreation and Parks n Jim yansen, Director of Economic Development DATE: April 13, 1999 JEWE,D BY. DATE: r , ity Manager 1111f,9 ACTION KEN: 990420. NB -mkt 109 4 n CERTIFIED FARMERS' MARKET SIX MONTH OPERATING BUDGET MARKET MANAGER (1,040 HOURS AT $12.76 PR HOUR) ......... $ 6,640 MISCELLANEOUS PART TIME STAFF ..... ............................... 500 OVERTIME FOR SETUP AND CLEANUP . ............................... 1,000 ADVERTISING AND PROMOTION ......... ............................... 2,500 OFFICE SUPPLIES ............................. ............................... 450 POSTAGE......................................... ............................... 350 1#41r► COPYING CHARGES .......................... ............................... 500 PERMITS AND CERTIFICATIONS ........ ............................... 1,000 MILEAGE........................................ ............................... 200 MARKET CONSULTANT ................... ............................... 3,000 TOTAL $16,140 Certified Farmers 1 I() Feasibility Analysi for a proposed Certified 1 armers' Market in hi begunao created by Southland Farmers' Market Association 1308 Factory Place, Unit 68, Los Angeles, California 90013 fax 213 - 244 -9180 Phone (213) 244- 9190 -- March 8, 1999 As in all potential markets, the concept of a Certified Farmers Market (CFM) in the downtown area of the City of El Segundo has both strengths and weaknesses. There are more CFMS in the El Segundo area than anywhere else in the state. Within twelve (map) miles, there are 22 existing markets, and four additional markets that have failed. Of those markets within five miles, there are only three (and one failure). One of these markets is not a particularly "strong" market. An excellent market site is CRUCIAL for a market's success. The two most important initial decisions that hamper or boost a market are: FIRST - Operating hours and day SECOND - Market site Much consideration should go into the choice of the site and the operating day and hours. These choices should never be changed, once made. No specific site or operating days /times were considered in this analysis. STRENGTHS 1) This market would operate in a distinct community with a readily accessible residential population surrounding the market site. 2) Depending on the site chosen (which will be discussed further later in this report), the market visibility could be excellent. 3) The area is a functional and pleasant place. 4) The market area is peopled by families. 5) There is a good mix of income, educational, and age levels. 6) Most people work close by, facilitating good selection of market hours. WEAKNESSES 1) The proposed area does not, depending on day choice, host a generous existing supply of foot traffic (assuming the market is on Main Street). 2) Customer parking is available, but not in over - supply. 3) The region is saturated with existing farmers' markets. 4) Transience (majority of renters) and family size are concerns. 5) Number of people available (density, etc.) are a major concern. 1]1 M page 2 Every market, from the largest in the state on along, have weaknesses. The questions are: how important to the market's operation are these weaknesses, and how to compensate for these weaknesses (while getting full value from the market's strengths). Five actions that could strengthen your opportunity for success are: * Attracting people from outside the city * Choosing the right day and operating hours * Selecting a market site that serves ft market * Selecting a site with more - than-ample parking * Creating a market that is distinct from nearby markets SELECTING HOURS OF OPERATION There are a number of operating schedules available that I believe would serve farmers and the local community (the two components without which the market will not work). Your best choices (in this order) are: A/ Wednesday afternoon/evening B/ Saturday afternoon �kw C/ Tuesday morning D/ Friday afternoon or evening E/ Monday F/ Sunday afternoon Your worst choices are: a/ Saturday morning b/ Sunday morning c/ Wednesday morning d/ Thursday One of the factors in choosing an operating time is the community's work schedules. In this case "community" is defined as those in the area, ad those you wish to attract. The average person in El Segundo leaves for work between 7:00 am and 8:00 am and takes 15 minutes to get to work. So, you have great flexibility even during a daylime market on a weekday. Working eight hours, the average person is home from their commute between 4:00 and 5:00 pm. 112 Page 3 Most successful markets are four hours in length. So, for mornings, the market in El Segundo might operate between 7 am to 11 am and 9 am to 1 pm. Or mid -day between 11 am to 3 pm (these markets are much more rare) . Or for evening markets from 3 pm to 7 pm or 4 to 8 pm. Operating past dark (at least in the winter) creates other considerations ... safety, suitable weather and temperature, and lighting needs. CHOOSING A SUCCESSFUL SITE A market site that makes the market a visible part of the downtown area, an attraction NOT simply convenient to the retail area, but a integral part of the retail area would be quite an advantage. Parking for 100 shoppers at any one time is minimum recommendation. We recommend that space for farmers be 15,000 square feet or more. Additional site considerations are surface /paving, ambiance (landscaping, etc.), shade or wind protection, and consumer safety. This marketing effort would need to sharply define the audience, and go after that audience. Business -as -usual won't generate the new people, vitality, and money that is needed for a market in El Segundo be thrive. Funding is needed to create a viable market. Commitment of funding (its availability or unavailability) is not known, so it is not considered in this analysis. The people in the area would be well served by a Certified Farmers' Market in regards to their likely preferences for fruits, vegetables, and other farm products. The probability of success for this market, as proposed, is 71 % . And this scale is a realistic one ... 100% is modeled on existing (thus possible) markets. Anything above 66% is strong. So a market in El Segundo, properly done, has an above average chance of success. March 8, 1999 Mark Wall Southland Farmers' Market Association 1308 Factory Place, Unit 68, Los Angeles, California 90013 .404 fax 213 - 244 -9180 Phone (213) 244 -9190 113 City of El Segundo Inter - Departmental Correspondence Date: April 13, 1999 To: City Council From: Mike Gordon, Mayor Subject: Zone Text Amendment in Smoky Hollow Zone �hw I am requesting that the City Council consider the following amendment to the Zoning Code. This amendment is to modify or eliminate the 500 -foot distance requirement for automobile service uses from residentially zoned properties in the Small Business (SB) Zone in the Smoky Hollow Specific Plan area. mg:mb n 114 15 0 3 o3 0 UA lu 0 to to 2 Z LLJ U U p O >j > D 0 Z Vl NP7�CO/OH Nt°R,O ♦`!�p?�� WY ppp P OI t'f N f7 If) ♦ OI Yf W a N F t0 N 1(f O� � V Yf -i O Ep tO P N Ln o oI N � � m to a w �5 E p � `° b w tY _ z `_X`wptm 2 <cc�jJ p�`o}� aww 3 W 7 O w 1 U) i LL f.� � w tnw w W S to < �d w z z O 4 z����LL N O O O O r N♦ t0 P O 01 fV p� 1f1 1ff ® 1O f0 w $ !� gw i P Z cc 0 E C �0_� .2 z 3 J O p V LLJ L U m U. 0 Y W U E W a U Y a a U M EE 'v b�c F J2 a n o 3 3� a N �0 U) 11 w u Q m rl Q' W QW � O U a E a a W W 11 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF APRIL 9,1999 DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES Streets GENERAL GOVERNMENT 53,613.37 1101 City Council 96.94 1201 City Treasurer 631.08 1300 City Clerk 3,788.52 2101 City Manager 169.34 2201 City Attorney 37,764.88 2301 Human Resources 1,695.13 2401 Economic Development 5100,5200 2500 Finance 25,589.85 2601 Government Buildings 10,673.48 2701 Planning 6,446.47 2900 Nondepartmental 121,004.37 6100 Library 5,838.92 6601 Community Cable (28.39) 780,107.57 $ 213,670.59 PUBLIC SAFETY 3100 Police 9,585.71 3200 Fire 7,534.46 3301 Building Safety 1,098.92 $ 16,219.09 PUBLIC WORKS 4101 Engineering 404.68 4200 Streets 53,613.37 4300 Wastewater 12,712.75 4601 Equipment Maintenance 862.01 4801 Administration 33.97 $ 67,626.79 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks $ 25,705.24 EXPENDITURES $ 325,221.70 CAPITAL IMPROVEMENT 2,391.25 ALL OTHER ACCOUNTS 452,494.62 TOTAL WARRANTS $ 780,107.57 r-4 4) Cn ro a 1J f4 O In •� O aq u 0 u a >, w s1 00 Ln xH \ H OL U C b C ro O w O M Ln O r-1 0\ O1 1J ON to r-1 y1 M ::s r-I 0\ Iw 00 roi 4J O FI x U 41 U I o r m m 0 r 0 0 0 o 0% N 0 m 0 o N m H 0 0 0 0 0 0 Ln r m LD I H I Ln Un H LD LD o 0h m w O o o o w H m LD o m CD N rl to O r o r•1 to %D H o Ln LD r 0 r m r O I v I 01 I ro Ow LD 0\ Ln Ln w LD Ln O H m O m H r Ln Ln Ln O 0) %D H r N M O OO r Ln to 0 O 0) O O N ri O 000 O o Ln 0 L Ow 1100 m 01 1 00 O N m O m H O 0 0 0 O 0\ 00 0 01 N O Ln LD 0\ Ln Ln w LD Ln O H m O m H r Ln Ln Ln O 0) %D H r N M O Ln Ln w N %D m Ln O w %D Ln N Ln O Ln Ln Ln Ln ON H 01 O N Ln 01 r-1 Cl LD m e-1 m O r-I N Hr1 N N O r•1 H w 01 M M LD M r-1 coo O Hr-1N H i I \\ \ \\ H \ \ \ \ \ U I m m m O\ m m m m m m m 01 m m 0\ 0\ 01 01 0) m O% M m m m 41 I m 0\ m 01 Oh 01 ON m m 0\ 01 01 01 cn m 01 m O\ ON 0\ 0\ 01 01 m m r- r- MM r r Ln 1.0 Ln rn N HHH N rrw rwrLn • I HN N Hr1 N N 11 H H N H H r-1 coo O Hr-1N 0HN N i I \\ \ \\ \\ \ \ \ \ \ \ \ \ \\ \ \ \\ \ \\ \ (',r I M M Ln M M M M M M M M M N M w w w w M M M Ln r r m H r co O O O O O O O O O o O O O O O O o 0 0 O O O O I H m r v I M N O w Ln N M O U w M O M O rl H 0 OLn M -.-1 1 H rl \ N r-1 M M H %D M LD H O r-1 N H N N O\ LD r w Ln 0 1 m m w N H 0\ 01 M N 01 w M w w w O Ln Ln m m 01 N w r7 I ONo M ON r-1H O O r-1 N M www I mmm OHNN (: I LD r $ (14 N Ln Ln O M H O) M 01 M Ln Ln Ln ON Ln Ln Ln O O O O H 1 rl H LL w w Ln Ln O M H 01 w 0) m r r r O% M M M r•1 H r-1 rl 4) 1 I rot q b1 1 cl ro 1 u1 I I N I 1 1.1 ro� 1J i a U O z U ~ ° off z O I a ` u a coo w H u F ° x H cn z u1 E cn � w a a F M H o w w w Z0.0 a 110 A HA M.Q A A z 4.0 4.Q R A A WA A 1 >4 ::j z D� >+:3 u' �l -::s x:j ::s O:3 OC .2I A F z W CL >C H U u 1 W .. .. z.. ,..,.. 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C. 4/12/99 Wells Fargo 4/13/99 Health Comp DATE OF RATIFICATION: 04/20/99 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: 1,149.02 20,000.00 144,453.97 27,049.88 1,500.00 28,000.00 8,107.10 230,259.97 Deputy Treasurer -k)1 . f 9 Date Finance Director /' / /, Date City Manager yj Date Description Weekly eligible claims 3/26 Workers Comp Acct Federal Payroll Taxes PR20 State Payroll Taxes PR20 Employee Savings Bonds Golf Course Payroll - TPT Weekly eligible claims 4/2 230,259.97 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. NOTICE OF PUBLIC HEARING. NOTICE TO PROPERTY OWNERS WITHIN A 300 -FOOT RADIUS. NOTICE TO ALL INTERESTED PARTIES. NOTICE OF PROPOSED GENERAL PLAN AMENDMENT 99 -1 AND ZONE CHANGE 99 -1 FOR THE 124'h SPECIFIC PLAN. NOTICE OF PROPOSED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS(EA -472). DATE: Thursday, April 8, 1999 — Planning Commission Tuesday, April 20, 1999 — City Council TIME: 6:00 p.m. —April 8, 1999 Planning Commission 7:00 p.m. — April 20, 1999 — City Council PLACE: City Council Chambers 350 Main Street El Segundo, California NOTICE IS HEREBY GIVEN that the PLANNING COMMISSION and CITY COUNCIL of the City of El Segundo will hold public hearings at the times and place indicated above on the following project: Environmental Assessment EA -472, General Plan Amendment 99 -1 and Zone Change 99 -1 — 1241h Specific Plan Address: 401 Aviation Boulevard Applicant/Property Owner: Bruce Kaufman, Extra Space Storage of Studio City, LLC The proposed 124`h Specific Plan area is a 3.93 gross acre rectangular- shaped parcel located along the eastern border of the City, west of Aviation Boulevard, between El Segundo Boulevard and 1241h Street, adjacent to the BNSF & ATSF railroad tracks. The current zoning and land use designation of the parcel is Parking (P) and the proposal is to redesignate the subject site to 124`h Specific Plan (124' SP). The previous use of the site was a parking lot for the nearby Northrop Grumman aerospace facility, for overflow, non - required parking. The primary objective of the 124`h SP is to promote warehouse and storage uses within the Specific Plan area; specifically, to develop a mini - storage facility with a maximum gross floor area of 93,000 square feet. Public access to the Specific Plan area would be through a proposed 7,050 square foot access easement located at the north end of the property, through an at -grade railroad crossing, at 124th Street (Grand Avenue extension) and Aviation Boulevard. Only emergency access would be permitted from El Segundo Boulevard. The project has been analyzed for its environmental impacts and an initial study has been prepared pursuant to Section 15063 of the California Environmental Quality Act (CEQA). A Negative Declaration of Environmental Impacts is proposed for this project pursuant to Section 15070 of the CEQA. The public review and comment period for the environmental document extends from March 15, 1999 to April 3, 1999. The Planning Commission will make a recommendation on this project to the City Council. The City Council will make a final decision on the project. NOTICE IS HEREBY FURTHER GIVEN that the Environmental Assessment Initial Study, Negative Declaration, legal description, and related files for the above - mentioned project are available for public review, Monday through Friday, between 7:30 a.m. and 5:30 p.m. in the Planning Division of the Planning and Building Safety Department, located in City Hall at 350 Main Street, El Segundo; and, that all persons may give testimony at the public hearings at the times and place indicated above. Please contact Hannah L. Brondial Bowen, AICP, Contract Planner, or any other Planning Division Staff member, for further information, at (310) 322 -4670, ext. 412. Please be advised that if you challenge the proposed actions in Court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission or City Council at or prior to the public hearings. Bret B Ber ard, P Director of Planning and Building Safety; and, Secretary to the Planning Commission City of El Segundo xc: City Council Planning Commission Mary Strenn, City Manager Mark Hensley, City Attorney Chris Cheleden, Assistant City Attorney Cindy Mortesen, City Clerk Mailing Date: March1l, 1999 Publication Date: March 11, 1999 Posting Date: March 11 1999 Signature: AAt4k� Time: EA- 472.nph ORDER OF ADJOURNMENT MEETING OF WE CITY COUNCIL CITY OF EL SEGUNDO, CALIFORNIA THE EL SEGUNDO CITY COUNCIL CONVENED IN A MEETING ON APRIL 20, 1999 IN THE EL SEGUNDO CITY HALL, COUNCIL CHAMBERS, 350 MAIN STREET EL SEGUNDO, CALIFORNIA. PRESENT: ABSENT: COUNCIL MCOBS; WERNICK NOME MEMBERS: GAINES, GORDON, MCDOWELL Mayor Gordon declared the meeting adjourned to a meeting on May 4, 1999 At 5:00 P.M. The above is a true and correct excerpt of an action taken at this meeting of the City Council of the City of E1 Segundo held on APRIL 20, 1999. POSTED POSTED TI. POSTED DATE CITY OF EL SEG UNDO INTER - DEPARTMENTAL CORRESPONDENCE Date: April 20, 1999 To: Honorable Mayor and City Council Via: City Manager `�✓' City Attorney/f+/- Director of Planning and Building Safety V From: Airport Projects Administrator' Subject: Complaint Line Service Attached is a Contract Amendment, extending the services of AAM Communications, the City's complaint "Hotline ". It was inadvertantly not included with the Staff Report. The only changes to the original "trial period" contract have been highlighted. Service rates remain the same. Staff s recommended action is to continue the existing Hotline service with AAM Communications for "one year ". That is, one full fiscal year -- through 30 September 2000. C: admimadmin.99\gripline.499 AMMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND AAM COMMUNICATIONS The professional services Agreement (Contract #2636) ( "Agreement ") entered into on November 1, 1999, between the City of El Segundo and AAM Communications is hereby amended as follows: Section 1. SCOPE OF SERVICES is amended to read as follows: "1. SCOPE OF SERVICES. Vendor agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" and made a part hereof. Vendor represents and warrants that he has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner. Vendor shall begin services under this Agreement on May 1, 1999. Vendor shall work hours agreed to and 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 Vendor shall work on such matter until the City approves of the service. Further, Vendor shall complete the services set forth in Exhibit "A" strictly according to the schedule provided therein and shall complete the appropriate forms as described in Exhibits "B ", "C ", and "D "." Section 9. TERM OF AGREEMENT is amended to read as follows: 119. TERM OF AGREEMENT. This agreement shall have a term of May 1, 1999, to September 30, 2000. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Vendor shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination." All other provisions and /or appendices in the Agreement remain in full force and effect. This amended agreement shall be Contract #2636 -A. IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written. By Title CITY OF EL SEGUNDO Mary Strenn City Manager ATTEST: A PROV S +TO FORM: Mark D. Hensley City Attorney EL SEGUNDO RESIDENTS ASSOCIATION Office of the Director of Airport Studies 425 Lomita Street, El Segundo, CA 90245 -4054 OPEN LETTER TO THE CITY COUNCIL, EL SEGUNDO, CALIFORNIA 20 April `99 Honorable Councilpersons, On November 19, 1998, the Southern California Air Quality Management District conducted a TownHall Meeting at El Segundo's Joslyn Center. Forty -or -so concerned citizens were there, and about two -dozen offered input. Several produced smudgy paper towels identified as sill or windshield wipes from a day of local air - particle settling. The AQMD Board explained its Mission as "Protecting public health by ensuring, in a manner sensitive to local business economic needs, that all residents have the ability to live and work in an environment of clean air". AQMD adopts an Air Quality Management Plan to assure area compliance with Federal and State Clean Air Standards. That Plan works to control or reduce stationary - source emissions. Without testing air - quality, AQMD cannot effectively perform its Mission. To that end, the Agency continuously monitors air - samples at more than thirty sites in the L.A. Basin. Standards for mobil - sources are set by California's Air Resources Board and the U.S. Environmental Protection Agency. So, besides controlling stationary sources, AQMD provides data to CARB and EPA to assure standards - conformity involving sources like cars, diesel - trucks, and jet planes. The Board also explained initiatives to serve "economically- depressed" as well as for more - affluent areas, and measures to protect children from effects of air pollution. Noting the average age at Joslyn, the Chairman remarked on vulnerability of seniors too. Citing articles headlined "Local School Air Flunks', "Jet Lag In Pollution Control ", "AQMD Probes Toxic Hot - Spots ", and "How Dirty Is Our Air", the El Segundo Residents Association asked AQMD to include El Segundo in MATES -1 air - sampling. ESRA referred also to a Natural Resources Defense Council study ( "Flying Qf - Course' that claimed airports are among the largest polluters) and one by Communities For A Better Environment ( "School Haze" which identified 5 El Segundo schools within a mile of prominent pollution sites and listed source - declared emissions). The Board explained that MATES -I (sampling by mobile - monitor stations) was concluding, but El Segundo might be included in MATES -II, a continuance. In March `97, our previous Council voted to "Evaluate the air in El Segundo" and authorized a $45,000 study. That study was never undertaken. In December `98, and with a followup reminder last March, Mayor. Gordon commendably contacted the California Air Resources Board stating that El Segundo is "increasingly concerned" and asked for "a comprehensive evaluation of the types and amounts of emissions being dumped into the air by both air and surface vehicles conducting business at LAX". The Mayor's letter included operations -data and projections which were subsequently quoted by Councilman McDowell at an AQMD Meeting in Westchester (3/24/99). Noiw..L.AX File Page 1 ( "1975 EIR put the limit at 560,000 LAX - annual - operations 11534-dailyl to accommodate 40- million air passengers. A 1991 LAX DEIR, drafted while already over the limit at 669,034 annual - operations, showed 72,898 lbs of pollutant emissions per day would be tracked by AQMD. That DEIR said "new Stage 111 planes will produce on- average 39 pounds of pollution, each takeoff or landing". LAX Manager Jack Driscoll says [10129198] "operations are now nearly 800,000 per year [2200 per day]".) Mayor Gordon also commended Congressman Henry Waxman in March after results of a Waxman- requested study were publicized in local newspapers. Headlines that month read "L.A. Air Filled With Risk", "L.A.Air Increases Cancer - Risk', and (from a 10 -year USC Study) "Smog Affects Girls, Boys Differently", and "Smog Study_ of Children Yields Ominous Results'. Following the local AQMD Meeting, letters and local field- checks led to AQMD's agreement (on April 8) to locate a mobile -air- sampling monitor station at either of two selected locations in town. The $700,000 MATES -II Study Program would sample air to identify risk - levels for disease- causing chemicals. A twenty-foot -long automated mobile monitor box would operate from four -weeks to three- months, collecting samples three times a week. From the results, AQMD could identify level- presence of such chemicals as benzene, 1.3- butadiene, 1.4- dichlorobenzene, styrene, acetone, methylene chloride, lead, chromium, formaldehyde, chloroform, carbon tetrachloride, trichloroethylene, and arsenic. Despite the above, and a steady information -flow from ESRA to City Hall and to the Superintendent of Schools, AQMD was told (April 9th) "El Segundo decided not to go forward" with air- sampling at this time. AQMD is ready. The mobile monitor is sitting idle. If we don't move now, we'll miss the chance. A study of our local air quality geared to identifying risk - levels would help the AQMD do the job our money pays for. If the risk -level is high, appropriate regulations can be devised to bring it down. If risks are low, we can all breathe easier having had it checked. Since the city has previously requested a "comprehensive evaluation," this may be a way to achieve that goal with no large financial expenditure. The El Segundo Residents Association Board of Directors respectfully urges that the City Council invite the AQMD to begin a full analysis of El Segundo's air. Our children, our residents, and our businesses deserve nothing less. The public needs to know. Respectfully, Charles A. DeDeurwaerder Concerned Citizen of the City of El Segundo Emeritus Professor of Environmental Studies, Oregon State University Director of Airport Studies, El Segundo Residents Association 425 Lomita Street, El Segundo, California 90245 310 -640 -0891 Noix..LAX File Pap 2 EL SEGUNDO RESIDENTS ASSOCIATION Office of the Director of Airport Studies 425 Lomita Street, El Segundo, CA 90245 -4054 South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 -4182 Attention : Mel Zeldin, Director of Monitoring and Analysis Regarding: Identification of MATES -II candidate monitoring sites in El Segundo. Director Zeldin, 19 March 1999 Thank you for your support and assistance in the description of specifications for candidate -sites by phone [1/5/99]. It was a pleasure to meet you and interact and hear your input (regarding air quality monitoring and its potential results and impacts) at the Inglewood LAXEN meeting on February 13. As I indicated at that meeting, my committee and I have been busy scouring El Segundo for the sites best -fitting the MATES -II Program Needs. We understand from Executive Officer Wallerstein that the monitoring from the mobile platforms would be more valuable if fixed - sampling sites could be afforded for long term measurements. However, comparative assessments, we believe, will be valuable even if made for such a brief period as that included in MATES -I1. Mobile platform monitoring should assist in confirming or denying a presence of local air toxicity. In January, my committee identified a dozen local sites that seemed to meet your specifications. Each featured adequate clear- distance from nearest trees and buildings, would accommodate an 8X 16' platform, has access to electrical power nearby, was appropriately close to residences and/or schools or places of activity of persons particularly vulnerable. With the refinery, sewage - plant, Scattergood power, and LAX all next -door, each site is near potential emissions- sources. The five best - suited sites, in our opinion, lie on the grounds of three of our schools (Imperial, Center Street, and Center -Street Middle - School) and within three of our parks (Constitution and Recreation Parks). I have endeavored to cull favor for involvement in the MATES41 Program by informing the local school4xwd (through School- Superintendent Bill Watkins) and the City Council and the Recreation- and -Parks Department (through the office of City Manager Mary Strenn). I'm sorry to indicate that neither contact has produced any kind of response, but persons responsible for the sites - recommended have been informed that AQMD will deal directly with them when final site - selection comes into focus. I would be happy to meet with you upon your next visit to El Segundo, and guide you to the sites that my committee has recommended. Please call (310 - 640 -0891) when you can arrange such a visit. Thanks again for your attention to our concerns. Respectfully, Charles A. DeDeurwaerder, Director of Airport Studies, ESRA. cc: Johnson (ESRA Pres.), Strenn (E.S. City Manager), Watkins (E.S. School Board Supt.) Noise -LAX File Page 13 EL SEGUNDO RESIDENTS ASSOCIATION Office of the Director of Airport Studies 425 Lomita Street, El Segundo, CA 90245 -4054 Board of Supervisors EL Segundo Univied School District 641 Sheldon Street El Segundo, CA 90245 Attention: Superintendent Bill Watkins 2 March 1999 Honorable Members of the Board, At a Town4W Meeting, called by the South Coast Air Quality Management District, at Joslyn Center, El Segundo on November 19, 1998, on behalf of the El Segundo Residents Association, I called attention to articles from the Los Angeles Times and the Daily Breeze that focussed attention on the quality of air in El Segundo. In particular, the articles indicated emissions (LAX and Chevron Refinery) posed a danger to local children. A third article indicated AQMD was currently involved in a study to gunge Toxic Levels (of air) in the Los Angeles Basin which involved setting up mobile air - monitor stations for on -site testing. In fight of continuing local concerns, I asked if such a program could include El Segundo for on -site testing. ESRA offered to assist in locating suitable sites and supporting AQMD's efforts to the extent of our limited abilities. The AQMD response was favorable. Contacts were made seeking specifications for the qualifications of suitable sites. Now, following after a search for candidate -sites across the city, it seems apparent that three of the half -dozen local sites best- suited would be on the grounds of El Segundo's schools (Imperial School, Center Street School, and the Center Street Middle School). The other candidate -sites He within the city's park spaces. Before inviting the AQMD to come to El Segundo for site - selection, the Residents Association feels it would be appropriate to assure that there would be no local objection to involvement in the Mobile Air Monitoring Program (MATES In. I understand that the AQMD would seek to deaf directly with the persons or Boards responsible for administration of any potential site- to-be- selected. Would the El Segundo Unified School District allow the inclusion of one of its school-sites to be used for temporarily locating an AQMD mobile air Quality monitor station? The AQMD Program is funded by the State and should involve no financial commitment on our part. Related background information is attached. AQMD representatives would hope to review sites in El Segundo this month, so your earliest attention to the matter is requested. Thank you for your assistancie. Rmpectff ully, Charles A. DeDeurwaerder, Director of Airport Studies, ESRA. cc: Johnson (ESRA Pro.), E.S. City Manager, E.S. City Council Noin -LAX FJo PW 5 CAM. •OEM r i� r- 2 1 E JAW 1EI.,41 'INVq HIVCINIIE) " Im Owuim RU M ..'WAS N ab", rw CkCk 14E�6� -Pas kv al�r cjr % ____�►?. ' —��Am t �, C. L o South Coast Air Q tY Management Mana ement District 21865 E. Copley Drive, Diamond Bar, CA 91765 -4182 (909) 396 -2000 - http: / /www.agmd.gov Office of the Executive Officer Barry R Wallerstein, D. Env. 909.396.2100 fax 909.396.3340 December 15, 1998 Dr. Charles A. DeDeurwaerder Emeritus Professor of Land -Use Planning Director of Airport Studies El Segundo Residents Association 425 Lomita Street El Segundo, CA 90245 Dear Dr. DeDeurwaerder: Thank you for your letter of November 22, 1998 regarding LAX airport and local refinery emissions. I appreciate your thoughtful comments and information provided. In response to your request for extending our current mobile platform toxics monitoring program targeted at 14 communities throughout Southern California, we are exploring the mechanisms to include El Segundo as a sampling site. The mobile platform sampling program, part of our overall MATES -11 Environmental Justice toxics monitoring program, is scheduled to conclude in April 1999. The sites were selected with considerations for local -toxic emissions, public complaints, socio- economic and land use information, and with further oversight and recommendation by an independent scientific review panel. While the MATES -II program will continue toward its conclusion, the AQMD realizes the public benefit to continue to utilize the mobile platforms after the study is completed. In that regard we will consider placing a mobile platform in the El Segundo area sometime late spring 1999. We would appreciate your assistance in helping to identify potential monitoring sites from which a logistically acceptable site can be determined. Dr. Charles A. DeDeurwaerder - 2 - December 15, 1998 One key aspect of the mobile platform monitoring, however, is lost after the MATES -II program ends. During MATES -II, there are 10 fixed sampling sites gathering toxics data from which the mobile platform data can be compared. The state Office of Environmental Health Hazard Assessment (OEHHA) has strongly indicated to us that the ability to assess the localized mobile platform measurements is linked to the comparisons with the fixed sites. At the conclusion of the MATES -II program, half of the fixed sites will terminate, while the remaining five sites will remain under the auspices of the California Air Resources Board's toxic monitoring program, at a reduced sampling frequency. The degree of comparative assessment diminishes considerably after MATES -II. The AQMD believes that despite such limitations, localized air toxic measurements are still valuable. Again, we appreciate your comments. Please contact Mel Zeldin, Director of Monitoring and Analysis, at (909) 396 -3058, at your convenience. I have asked Mel to work with you in identifying candidate monitoring sites in the El Segundo area. MDZ:ap a:\ DaDcunvaerder.doc fl-L10 11�� Sincerely, arty R. W tein, LDEn:v. Executive Officer y �Pr4 CC1� EL SEGUNDO RESIDENTS ASSOCIATION Office of the Director of Airport Studies 423 Lomita Street, El Segundo, CA 90245.4034 South Coast Air Quality Uhnagement District 21865 E. Copley Drive Diamond Bar, CA 91763 -4182 22 November 1998 Chairman Burke, Deputy -Exec Valdez, Exec -Officer wallerstein, at aL Thank you for showing your concern at the November 19 "Town Hail" meeting in El Segundo. We recognize the discomfort inherent in hearing disgruntled citizen an attacL Conduct of the macting (With. P2 and emu) was appreciated (And unique for an in- power group to sit with civility without arousing additional hostility). I personally foci very fortunate for the time accorded to bear my request. For the sake of the record, I would like to recapitulate that request (with its accompanying set of news -clippings) in order to itemise document- referrals. A. An L.A.Tinm article of 3/17/97 "Jet Lag in Pollution - Control" quoted your own Dr. Henry Hogo as source and said 1. LAX proposes to increase takeoffs and landings fMM 700.000 per veer to 1- million. 2. LAX is one of the largest sources of smog in Los Angeles (hydrocarbons - release: LAX 31 tons per day. 14 -oil- refineries 40 tons per day.) 3. Single wide -body jet can spit out 100 pounds of smog - forming gases an each landing and takeoff. 4. AQMD target is 30% LAX - emissions reduction between 193 and 2010. S. Outside the U.S.. International Civil Aviation Organization endorses cutting new aircraft-engine amissions by 16 %. 6. Airliners cause only half of LAX 31 -tons anissiona (with balance from ground- surf= vehicles). Note: Increased takeoffs and landings indfoate a 43% annual increase. Ground fleet to accommodate 98- million more passengers (proposed 63% rise) and tripling cargo - volume suggests AQAM and ICAO goals are totally inadequate to the task of emission- reduction. B. Daily Breeze article of 6/17/98 "Local Setiool Air Flunks" raferrod to a "School Naze" report by "Environmental Working Group" of the Tides Carter (a California Public Benefit Corporation). h identified five schools in EI Segundo (and others in Torrance, Wilmington, and Carson) among the "30- Schools Most-Heavily Exposed (to aidwrm pollutants) in all of California. The offending worst - polluters were mostly refineries (but included Torrance's Reynolds Metals). The report urged new air - monitoring efforts. Refinery spol in persons claimed "Said compliance with AQMD limits" and cried foul over linking gross - mission numbers to health- risks. "School Haze" called atta m to Chevron (El Segundo) anissions in 1993 reported as 7,109,200 pounds of pollutants (including 7,163 pounds of heavy metals, 900,200 pounds of particulate matter, 3,895,600 pounds of nitr+ogm-oondes, and 2,313,400 pounds of sulfur dioxide). Note: A representative of El Segundo Chevron advised, at the end of the Townffall meeting, that the "School Hsu " report was rife with misinformation. He reminded that Chevron has been reducing their nazious emissions approximately 5% per Year since 1993. By my calculations, 5% annual- reduction, from `95 to `98, would bring Naim!A C Pam PW 1 Chevron down to only 6,095,250 pounds this -year into our local air — and much moue than that from LAX. C. L.A.T"unes article of 6/10/98 "AQMD Begins Probe of Toxic Hot Spots" identified a current check of residential neighborhoods, to determine risks Southern Californians floe Am polluted air. AQMD staff chose 14 areas for monitoring. El Segundo was not among d=L Given that El Segundo currently fwes a proposal to multiply the offendum emisu m frmi LAX, and that LAX emits an amount no smaller than 75% of the total - dons- emount fi m 14- refineries (like Chevron), do residents of El Segundo beseech you to extend your "At -Risk" study to include our community. Sites throughout the city could be Mode available "neat -fix" to accommodate your mobile- monitoring equiprr ac Lastly, a review of Volume 3 of the 1975 LADOA/FAA Ceanprebensive Firviromrr - I Lnpact Assessment (the last one undertaken for LAX expansion) projected for 1993 (seder an Unconstrained- Growth Scenario) such intolerable pollution -figures as we now live with. Despite mandated per-engine-arussion- reductions, the current situation is W worse then wlt was predicted in the 70's "worst-caw" scenario. At the time of the last late anion (to 40 MAP in 1984). we did not have an Air - Quality Management District capable of tuning the tiger. So, for the sake of El Segemdo's 16,000 residents, and the millions of others in the La Angeles basin that will be adversely affected by expansion - generated - missions, don't let it happen. We're all relying on you to protect our air-quality. Thank you for doing your job. Sincerely and respectfully, Charles A. DeDeurwaerder Emeritus Professor of Land -Use Planning (O.S.U.) Director of Airport Studies, El Segundo Residents Association. cc: Martin CEPA -ARB, E.S.CityCoimcil, Gladstein, Gallanter, Stevens NoiwLAX Rb hp 2 let Lail in; P0 ion-..,. on r... ilut _C. t Increased Emissions From the - Growing Number of Airliners at LAX Are Hurting Efforts to Clear. the Skies Despite Stringent Regulation of I Industries and Vehicles. BY -MARLA CONE TIMES ENVIRONMENTAL WRITER n some days, the runways and roads at Los Angeles International Airport are clogged with traffic worse than on any i freeway. Jets idle, spewing fumes into the air as they await clearance for takeoff. Shuttles and buses sit in front of terminal& trying to maneuver around a passengers unloading cars with their engines running. And if city officials fulfill their promise. to expand the airport with new gates and runways. 85: million to 90 million travelers a year —as many as 60% more than today —will be descending on LAX by 2015. The 700,000 takeoffs and landings a year will rise to 1 million. Today. LAX —the world's third - busiest passenger,'. airport—is one of the largest sources of smog in Loa Angeles. Run a finger across the hood of a car parked there and you get a glimpse of some of what you're breathing —a brew of fine particles, Hydrocarbons an nitrogen oxides created by planes, shuttles, ground equipment and passenger cars. And at the LAX of the future, the South Coast Air's'. Quality Management District predicts the pollution will get worse —by as much as 50% in 2010 — largely because of increased emissions from a growing number of jets and other aircraft. Airport managers already have taken aggressive steps to reduce L.AX's contribution to smog by switching many parking lot shuttles and other vehicles to cleaner - burning natural gas and by equipping all aircraft gates with centralized electricity. But AQMD officials say that cannot compensate for the fumes from airliners. A single wide -body jet, especially an older DC -10 or 747. can'; spit out 100 pounds of smog - forming gases on each ' landing and takeoff. Controlling the large —and growing —role of airports is becoming one of the thorniest air pollution. problems that the Los Angeles region faces. i In an analysis completed last summer, a major 1 environmental group, the Natural Resources Defenpe Council, found airports to. be one of the nation's' largest =and often forgotten — sources of air pollution. Los Angeles Intematlonal Akport Is the world's .third- busiest passenger ahport --and one of the Cergest sources of smog in the region. City officials expect 85 minor to 90 million travelers 8 year to descend on the • facility by 2015. 7. The group criticized the federal government for leaving airliners and ground equipment virtually unregulated. w- .. .Aircraft at U.S. atrpwU released 350 million pounds of smog - forming pollutants during landings and .- takeoffs in 1993. more than twice the amount in 1870, and they "emit more and more - - - with each passing year." the group said in its report. "Flying Off Course. a N skcK� At Los Angeles International. aircraft and airport shuttles and other ground vehicles are responsible for about 31 tons of hydrocarbons and nitrogen o3ddes daily —or 22 million pounds per year. according to 1993 AQMD data The two pollutants react in sunlight to form ozone, the main component of smog. In comparison, the airport's contribution to smog is r about 75% of the volume that comes from the area's 14. oil refineries, the largest industrial source of air pollution in the Los Angeles region. In its smog plan adopted last October, the AQMD set a target of reducing LAX emissions by 30% between 1993 and 2010. But that goal already looks unachievable because of a lack of guarantees that aircraft engines will be equipped with technologies . - that control smog, said AQMD planning manager Ho o. While virtually every other vehicle, factory and other source has been subject to pollution limits, aircraft in the Los Angeles area have not faced stringent regulations. But localities and states are powerless because engine standards come under the jurisdiction of a global coalition of governments. Except for the United States and Russia, every nation in the International Civil Aviation Organization has endorsed cutting emissions from new aircraft engines by 16 %. The Federal Aviation Administration and U.S. airlines . oppose the idea, saying it could raise aircraft costs and lower fuel efficiency. In 1995, American Airlines voluntarily offered to bring only its cleanest - running planes to the Los Angeles region. But other airlines balked, saying such a measure would create a scheduling nightmare. Reluctant to go on its own, American discarded the plan. Because the FAA and the U.S. Environmental Protection Agency are at odds. there remains "little hope" of agreement on aircraft engines in the near future, Hogo said As a result, achieving healthful air in the Los Angeles Basin is man difficult. Not having controls on sitr:ratt. ; AQMD and state Official Bay, tmtairty Shift mace of the burden to factories, trucks and other smaees. ! "It's important to get those emission reductions (from aircraft) because they =tribute to the overall problem." Hogo aaid In a little more than a decade. th region's five major airports will emit almost I much nitrogen oxides as the3W largest iu bmt ial sources combined. he said. Airliners cause about half of the 31 taxi of emissions daily at LAX mostly when they idle on runways, while z` vehicles stationed at the airport —such as parking lot shuttles, vans from rental car firms and taxis —era „ responsible for most o(Abe rest. the AQl M data show. But that estimate, while large, doesn't reflect one of the biggest. and incalculable, sources—tbe millions of cars and shuttles that passengeis take to and from the airport. Only about 5% of L.AX's passengers take mass ' transit. Unlike many of the nation's urban airports, no . rail or subway serves LAX, although commuters can : take a free shuttle from Green Line terminals nearby. Aiort ocialb will soon - envtpironmfiiena l review, whicb*M Mke 1% years, itt that will include calculations on how much air pollution would rise under the city's, opmalon plans. LAX managers eery their efforts on the ground will offset some of the extra emissions expected from adding flights and travelers. : "The airport will do everything we can within our power to continue to mitigate air emissions," said Phil Depoian, the Los Angeles Department of Airports' . . deputy executive director. "We are entering a master plan process. and were aware that future mitigations will be necessary, but frankly, we're not waiting for that. There are things we can do today and we're going to do them." Of 53 LAX shuttles transporting people at the terminals and parking lots, 21 have been converted to natural gas, and the Airport Department plans to _eventually alter the entire fleet. The department also has purchased more than 80 electric and natural - gas - powered pickup trucks, police sedans and other vehicles for its fleet of 677 vehicles. And rpany LAX employees are using a city program encouraging them to ride -share to wont— reducing rush -hour trips by nearly 5 million miles per year, said airport spokeswoman Nancy Suey Castles Depoian also said the airport is equipping W aircraft gates with centralised electricity and air conditioning to reduce use of high - polluting auxiliary power units ; that run jet engines while owthe ground. For its efforts, the Airport Department in 1895 won an award from the environmental group Coalition for Clean Air. "We have no problem at all doing these sorts of things," Depoian said. "No one's holding a gun to our heads to do it. But it makys sense. It's a good government policy as well as a good - neighbor policy:" i Shuttles, cars and taxis that traverse the terminals are responsible for about haft of the emissions at LAX. .Q 1�� fl ,;!,zoo unk Jonathan floras. 12. right; 4Mys bat with Ftanclsw Wvas, elZ Ish e�ovr�nrp►oEdgern Espinoza at Gulf Avenue Elementary In WMtrd Don as the Tosco on retlrtay looms nearby. Campuses among exposed- to pollution con" Mews.tnnV "Parents have a pla) ar" � right to-expect that olutn ou p Calif, aa,oIis ohms *at ampuses In when children afid a iowe w: .their off to, school go mookbeavni t7jo'I to airborne .eve da th will —very yr` ey . pollutants llhkad to cancer. birth eta ' o,t alt t� ° be in,a safe and �%Q0.11�igttO" nt�adeool healthy 'a lades r0O10"""'b' t tnBe d 0B eefhteties and Indus- environ ant." trial plant# that spew. Poly • --BILL WAtXM -haum potmanb time the air. wt. draetw W the hl a eew titled "Seb0ol ilam" M wwwad am" 'We' nonpioatr Environmental woriing Grotio sahl Teesdoy thrd moza than its Million Pounds or loddahlal dr'pallotfca were re- List of heal schools affected. /A2 ;erred•near achoots that house '- halt am Owe Shm" popnla- aow. . rtigmathe any lnOwNusl school TU Ib_ dot fawd dij :M MU* Gr S" banlest sk DoOntim expown in An d efal for the Mobil oil re- 1M— the'iftod recent data avall- finery' la Torrance hadn t seen able — were umlly to the oil the report Tuesday but down• rVinery belts of the South Be y played the air pollutloll risks al Md the tautern tian Ihalhelst o lire 780.4ete plant. 'n"• Eighteen schools — with a eons• bined attendance of 10.000 Stu• within the limits "AD we an really say U that pst dents — am near Some of the b*. air` d. lets in the state. we are In strict compllanee with we Imposed by the South ,Coast study I Air Quality Management "Patents have a right to expect , District for the substances they identified." said Mobil spokes. that when their chUdren go oQ to School every day. they will be in a woman Camlin Keith y earhtontnatt." Mobil was listed as a mayor t tinter. state director w source of nitrogen oxides and sui- fltr dioxide thlt helped propel G ' I ' five Torrance schools onto the re- A• �� �.y. ^. J • M ye cannot pia , port`s let of b0 schools ulosbex- to those Or — posed pollutants. •' Keith said the AQMD krgularly r der Lit statewide sTem : t� inspects the Torrance refinery and electronically monitors- the .stn- dal b. the study fbUst Whogm oxide levels daily <.. . Antifi detailed charts .that "We have not been made aware quantity pollution levels of any health Impact on the Im. purest! near amDUSta —. down to the mediate community." she said. pound — Walker cautioned that Bang Gross. administrator of the report Is not an attempt to POLLUTION /A2 ;tom —.0 . a Pollution Fk6m.PAGE. A1 special services at Torrance Unined School District, said the district is "ultra- sensitive" about emissions at the Mobil re fiery. ".It is continually Peing looked at and being moni- tored.". Gross Raid. '•From my knowledge, there has. been nothing brought to the attention of the sphool district or the city that would suggest a danger to the students." ..!,Nine"Tdrrance. schools were among the 25 cam- puses facing the highest exposure to companies that put • reproductive- toxins, carcinogens and heavy metals :into the atmosphere.; - A manager for Reynolds Metals Co. Can Division;,• Ile largest source in the vicinity-of the Torrance cam puses,.t�efeed reporters' questions to the com- pany's >sast' oast headquarters, which was- closed Tuesday afternoon: Walker's group used state and federal reports to identity industrial sources of airborne carcinogens, reproductive toxins, heavy metals, nitrogen oxides, sulfur dioxide and tine particle pollutants. Gathering supgort for change.. But authors ofkthe 22,page report- hope the flnd- iags will support: a state lawmaker's bill seeking ' new air monitors near schools and requiring a re- write of public • health standards to ensure they protect kids. Assemblywoman Martha Escutia. D- Huntington Park, will take .up AB 278 next week. The bill has traveled a rocky road so far in the Legislature and is opgpsed by Gov. Pete' WWon's Air Resources.-Board, which views the bill'as dupli- cation of its own-smog-fighting rules. The clean air agency is now in the seventh year of, a 10 -year study to monitor the effects of air poll J tion on 3,600 "students statewide. One refinery spokesperson, who requested ano- nymity, said it is ' fundamentally inappropriate" to take gross emission numbers and try to link them to health risks. !a I- Vf Sir INW, ♦ . �e . k + 1 -� aft. ?.r iJY r. t crq-•i "5: +X tt Y:� - ' -„ , :nit "•a�;y'� � `•.• �' ;t,'• °rte`s ` ,,r,$':S�TTi :�j "'. ,ate. _ . �.;k"' • rte';. .4.- . _ . ... _.Toxic '... FROM PAL Al ~ ` Bay are- scheduled t0 be tested ik'o, d'Ically +with _mobile units. Flor ample, a testing station will be brought next week to a spot near Border Avenue '� and Domingn6z Way in Torrance. The unit — o u r housed in a afoot metal coiibainer -'will operate' on Tuesdays. Thursdays and Saturdays for a month.- ` then be packed up and mov4-elsewhere. .}! `vim; .. lth risks I ty October, AQUD ofciala expect tQ release the Research t0 reveal �hea -. s: - results o�tthe�o Z testing at 9 community meeting. • ; -i. San Pedro •will be tested later : and also have neighborhoods a- i youth, Ba�(J - comm�ty meeting. Hawthorn's situation will be J somewhat different with' a monitoring unit bounc. ' gpg vide In• back and forth between there and Pacoima for a By Lee. Peterson ' . "Its to help pro ,• :..:.�� k .4• -t stwathR,.. :, format ion for us to determine ::. ��+ �a1�' }:;, what She relative risks are of var- oosia 4�t as .based�n a combination of Casting the widest net ever iri '' $ toua' pondta�rts, said Mel Zeldin, suspec a and din said . 'saarch• of airborne poisons, pollu- AQMD. director of applied science tion regulators for the next year = . ; x -Mere 's been a very itious program to deter will sample industry4ose neigh - and technology. mine where we are going 't0 set• these mobile plat - borhoods around Southern Cali- The' AQMD's governing board , >>x . fb�" heAaid. AQMD officials still are-working to fornia — including some in Tor- then will have to decide if Indus= get f1tpl clearance for some of the testing sites- .r' ranco -San Pedro and Hawthorne trial and vehicular toxic emis= ;- officials looked at fi{ctors such as the reported. — looking for the riskiest areas to sions should be regulated based ..:� output -at fstctories. wind patterns and odor_ breathe. j. on their own risks, or on how ":•cempy{mts, A site in downtown Los Angeles was: M those emissions fit into a local '�; ;.� fbr its ioximi to freewa s.. As part of the South Coast Air '- D tY Y area's existing toxic load. While the study's overall goal is to refine region - Quality Management Districts ef- - The new study uses a sletwork ' "=, wide maps t1lat show' the areas . of highest risk for forts to foster' environmental jus• . mobile sampling stations • that disease taus chemicals, the research also will tics, the scientific search will fo- will temporarily camp in neigh. a some Iocalizid information for the ne cus on the threat to minority and borhoods most -likely to ' expert+ - moods, where, stations will' be located. a ' low income ' me�hborhoods, enoe the worst toxic air pollutiolr:' r ,which activists sayl tend to bear ' owing,to the heavy presence ;o! , + ` »For example. we'll .s able to give a pretty'good. the brunt of toxic !air pollutioli fhdories or -refineries upwind. idea of the Worse case site !n Torrance, and how from clusters of ne rby industrtk separate set of permanent star • ' Torrance, San Pedro and Hawthorne compare 'to plants. other communities, Zeldin said. Yom' +�'':�. ,fie results are t p�Y tions will sniff for poisonous air r. The monitoring equipment will sample fora vart- 4 from all sources — •cars, trucks, ' ety of cheu}icals. including benzene, arsenic, gVrene a role in the possible tightening facto es and consumer produgs; -��1ga of the AQMD's controversial for- mula and fQr judging the acceptable Local' Contaminants ry gmissions and studies of car and truck exhaust. risks for car, birth defects and Unlike more prevalent forms bf the AQ1�ID should be able to track down the source cancer, oontaininatio other disease$ for people who live smog that 'spread through the of the airborne n.,.• close by sources of toxic air pollu- whole region, toxic contaminants "Besides the overall risk, we want to know where tion. tend to stay local, diminisblng' in the contributions are coming f1rom," said AQMD Risk revealed threat at a distance. pluming manager Henrjr Hogo, For the first time, the study's The project- will use to perms- to - results will consider the total or . nerit stations ,around the region. cumulative risk to a neighbor- including 9bme in Wilmington, L•Ong Beach and ton. >. hood. adding up all the pollut- - ants' possible effects on residents, Meanwhile. 14: sites — includ rather than taking them one by ' mg a trio of spots in the South , • > one. TOXIC AIR /A2 'T" iii on -ftwv 4 vq of P" -im 'good 01 *00od Aipp.1 -*do* Ownfunwmw jpqt' Iq ip Powd ftm" tuoij 4011) SUWIUJOJIIWP.., U•KFIOS VP jmm mp WUPUIM CO OWWPA J*W ab90 v1sym As sjodS JOH' P . Pm 'Lionom, W& ell b� a gig At T. lss�- IV A. ' . Jill Ald ss On, 1K W Pk7Nd'..�,; so, AIM I all lk- Ali As 00 Aim A 2 S vt <1 1 1 1 v gill 4's A v Odi AMP. a Lot- X, Ilia yy g AA ASZA Big NOV. 5. 1770 r4. nr r ntmz; uu" i . South Town H a' 11 Meeting 1 Representatives of-your local air pollution control agency, the South Coast Air Quality Management District (AQMD), will be in your community. We want to hear your thoughts about air quality and its effect in and around your community. Please join us. Thursday, November 19 6:30 p.m. to 9:00 p.m. The Joslyn Center 399 Sheldon Street El Segundo For more information on AQMUs Town HaH neacirg in Souch Say. al! (909) 396 -3235 MPNPG�. �vP PC eas G %I Y �� SZG1J# Honorable Henry A. Waxman U.S. House of Representatives 29`h District Office 8436 West 3`d Street Suite #600 Los Angeles, CA 90048 24 March 1999 Subject: LA Basin Air Quality Dear Congressman Waxman: I read with great interest the Daily Breeze article about the federal air quality report you initiated. We in El Segundo have been trying to encourage any appropriate agency to conduct a study of the air quality impact of daily aircraft and related surface vehicle activity at Los Angeles International Airport (LAX). I have taken the liberty of enclosing a copy of our earlier request to Michael Kenny, head of the California Air Resources Board (ARB). Our concern is not only with the pollution being generated at LAX today, but also with what it may become if the Master Plan for expansion is fully implemented. Our letter to Mr. Kenn contains our assessment of the current tonnage of the 5 criteria emission products tracked by the ARB and the Air Quality Management District (AQMD). Our assessment. contained in our letter to Mr. Kenny, is admittedly based on data from older studies. 1975 to 1991. Because of limited data. we have heretofore not attempted to assess the quantities of the more exotic and lethal emissions we are certain are being produced currently at LAX. We believe the Los Angeles Times article of 18 March 1997, which equates the Airport's pollution production to the cumulative output of 10 or 11 refineries, may have underestimated the total emissions output of Airport related activity. Enclosed is a chart showing the relationship between the Airport. its arrival corridors, and measured pollution distributions provided by AQMD. The numbers depict the number of days Federal or State standards have been exceeded. We believe that it is essential, and in the best interest of all the citizens of the Los Angeles Basin, that an unbiased examination be made of the airport's current output. and its likely output if growth is not constrained. This letter serves as a request for two things. Since you have demonstrated great concern for the health and safety of the citizens of the Los Angeles Basin, it would seem to be appropriate that you offer encouragement to Mr. Kenny for any efforts he may make to address our requests. And. if it would be appropriate, we would like a copy of the report you initiated in support of the Clean Air Act. ?iann►ng and Building Safety Department 350 Mair. Street. ! Segundo. California 90245 -0989 °none ; 3 1 0,.' _"22-4670 FAX (310) 322 -4167 www. eisegundo.ora C: air -qual Wamman.001 Sincerely, Department of Planning and Building Safety Bret B. Bernard, AICP Harvey G. Holden Airport Projects Administrator xc: El Segundo City Council El Segundo City Manager El Segundo Aviation Safety and Noise Abatement Committee El Segundo City Attorney Administrator of the EPA, Region 9 SCAQMD US Congresswoman Waters US Congressman Waxman Mayor Mike Gordon lama Mannsan. s Directors: James Manson. Mr. Michael P. Kenny Economic Development Executive Officer list inance Finance California Air Resources Board F Chia'' PO Box 2815 'oberr Nyrend, Sacramento. CA 95812 29 December 1998 Sect 1 a„O1„ , Subject: The Impact of Los Angeles International Aimort on LocaMe¢ional Air Oualin Mayor assessment of the current cumulative level of emissions produced by LAX sondrs Jacobs, M,yorPro Toni Dear Mr. Kenm Nancy w,mkk, day by air and surface vehicles. In graphic terms, this level of pollution Counculnember John G. Gain". We in El Segundo are growing increasingly concerned about the environmental impact of air and c° x.nrMcDovw/. g round activities at Los Angeles International Airport (LAX). According to input I have received Councilmo lber in discussions with the leadership and citizens' groups from the other communities surrounding Cindy 1M; Y C rkk LAX, our concern about the Airport's growing impact, particularly on air quality, is shared by Miller" City u,ar most. Among the issues that have elevated our concern are the following: Appbtn,ed oftdais: I . Tle 18 March 1997, issue of the Los Angeles Times reported that, "... the Gry in. airport's contribution to smog is about 75% of the volume that comes from the Nark A Hensley, - area's 14 oil refineries, the largest industrial source of air pollution in the Los Ci`''"dbntay Angeles region." lama Mannsan. s Directors: James Manson. LAX's one and only comprehensive environmental assessment was published Economic Development by the Los Angeles Department of Airports (LADOA), now Los Angeles World list inance Finance Airports (LAVA) as the LAX Draft Environmental Impact Report in July 1975, F Chia'' pearly 24 years ago. 'oberr Nyrend, Human P werful?, s arbina PNROn, Based on the verT limited number of studies available our similarly limited , uas assessment of the current cumulative level of emissions produced by LAX ter 6. . ea rn,rd, P1anntn9V8uddmq Salary activity reveals thaf approximately 524 tons of air pollution is generated each mbrny Gnmmond. Police chief day by air and surface vehicles. In graphic terms, this level of pollution duard ssnnwer, generation means that the million or so people within a five mile radius of the Public wants ames F.uk, airport receive over a pound of pollution per person per day. Rscrearton a Pants 4. The Los Angeles World Airports administration appears to actively pursue a strategy for repeatedly bypassing compliance with NEPA and CEQA regulations. LAWA's two principal tactics appear to be segmental expansion of LAX operations, and failure to address cumulative impacts. The Airport has I been allowed to grow rapidly without an accounting for, or study of, the cumulative environmental impacts of its ever increasing number of daily flight operations. Through the meetings of the LAX Expansion Sub - Committee of the South Bay Cities Council of Governments, we have heard from representatives of the South Coast Air Quality Management District (AQMD), the U.S. Environmental Protection Agency (EPA), and the Air Resources Board (ARB). From these presentatiom induding that of the ARB's excellent Southern California Deputy Ombudsman, Nancy Steele, it appears that the ARB is the organization most directly concerned with emissions from mobile 350 Main S>tr+eet, El Segundo, Callfomia 90245.0989 Phone (310) 607 -2200 FAX (3 10) 322 -7137 C: Wr- qual.9tuub- IU.Cr0V Your concern for the well being of the citizens of the Los Angeles Basin is laudable, but not as commendable as the investigative action you have taken to get the facts regarding the quality of the air we are breathing. We want to help you in a natural follow - through to your initial efforts. We want to encourage cleaner airport operations, and dispersal of airport operations throughout the region. This regional approach to providing air transport services in the 21st Century will benefit the sub- regions economically from the growth of their regional airports, and the regional approach should prevent the production of emissions at toxic levels at any single airport, a situation LAX may already be in. Sincerely. 1L.c/ Mike Gordon Mayor xc: El Segundo City Council El Segundo Aviation Safety and Noise Abatement Committee El Segundo City Manager El Segundo City Attorney El Segundo Director of Planning and Building Safety Administrator of the EPA, Region 9 SCAQMD ARB Congresswoman Waters Gtr Y 0 ►- - �, Fd Elected Officials: Mike Gordon, Mayor Sandra Jacobs, Maya Pro rem Nancy WemkR Councilmembsr John G. Gain" Councilmembw Kelly McDowell, Counedmamber CJndy Mcrtesen, city Clerk Wllllsm Bilk City rrossurer Appointed Officials: Mary Strann, City Manager Mark D. HonsNy, City Attornoy Department Directors: James Hansen, economic Development Gavin Curran, Acting finance Craig Podego, Fin, Robert Hyland, Human Resources Barbara Pearson, Ubrsry Brat B. Barnard, Planning L BuiaMg safety ram Grimmond, Police Eduard Schroder, PubNe Works Jam" Fouk Racnsom 6 Parks Mr. Michael P. Kenny Executive Officer California Air, Resources Board PO Box 2815 Sacramento, CA 95812 2 March 1999 Subject: The Impact of Los Angeles International Airport on Local/Regional Air Quality Dear Mr. Kenny: As a matter of routine procedure I am following up on a letter sent to you by Mr. Mike Gordon, Mayor of El Segundo, in December of last year. Mayor Gordon expressed growing concern regarding the environmental impact of the proposed expansion of Los Angeles International Airport. That concern, shared by many other jurisdictions in the region, has not diminished with the passage of time. Two great concerns are the impact of current ground and air operations at LAX on local and regional air quality, and the nature of that pollution and impact if the Master Plan for expansion is fully implemented. As you may recall the Mayor requested the following of the ARB: Conduct a comprehensive evaluation of the types and amounts of cumulative emissions being dumped into the air by both air and surface vehicles conducting business at LAX. We realize that LAWA is conducting an EIR for its proposed Master Plan for expansion. However, that EIR will be generated by consultants on the LAWA payroll. As the agency responsible for protecting the air quality of the Californians impacted by LAX pollution, it is appropriate that the ARB conduct an independent siudy that will either validate or fault the LAWA study(s). 2. Establish and enforce growth thresholds which will cause airport proprietors to generate appropriate and timely studies of the impact of their growing/changing operations on surrounding communities. Review and comment on the attached evaluation of the impact of the expanding operations of LAX on the air quality in the surrounding communities. If I can provide further information or clarification, or forward a status report regarding the Mayor's requests, please do not hesitate to call me at (310) 607 -2202. C:1air- qual.98\arb -ltr. M99 Planning and Building Safety Department 350 Main Street, El Segundo, California 90245 -0989 Phone (310) 322 -4670 FAX (310) 322 -4967 www.sisegundo.org sources in California, including both aircraft and surface vehicles. For this reason I present the attached information to you. Additionally, I respectfully [Hake the following requests: Conduct a comprehensive evaluation of the types and amounts of emissions being dumped into the air by both air and surface vehicles conducting business at LAX We realize that LAWA is conducting an EIR for its proposed Master Plan for expansion. However, that EIR will be generated by consultants on the LAWA payroll. As the agency responsible for protecting the air quality of the Californians impacted by LAX pollution, it is appropriate that the ARB conduct an independent study that will eider validate or fault the LAWA study(s). Establish and enforce growth[ thresholds which will cause airport proprietors to generate appropriate and timely studies of the impact of their growing/changing operations on surrounding communities. Review and comment on the attached evaluation of the impact of the expanding operations of LAX on the air quality in the surrounding communities. If I can provide further information or clarification, please do not hesitate to call me or the City's Special Projects Administrator, Harvey Holden. at (310) 607 -2202. Sincerely, Mike Gordon Mayor xc: El Segundo City Council El Segundo Aviation Safety and Noise Abatement Committee El Segundo City Manager El Segundo City Attorney El Segundo Director of Planning and Building Safety Administrator of the EPA. Region 9 SCAQMD Attaclunent: The Impact of Los Angeles International Aimort on Local/Regional Air Quality 2 THE 65 MAP LEVEL BASE LINE: In May of 1991, LADOA, published the Final Environmental Impact Report for the Proposed LAX Stage II Airplane Phaseout Regulation. This EIR addresses only airside (flight related operations) activity and its impact on the environment. It does not address landside (all airport activity that is not directly related to flight operations including surface vehicular traffic to and from LAX). For the first time, forecast expansion to 65 MAP is addressed T7ie presumption was that an anticipated total of 687,000 (1) annual air carrier operations would be needed to service 65 MAP, and that this level of operations would be reached by the year 2000. This EIR provides data on the environmental impact of air operations up to the level of 687,000 per year. The following facts are worthy of note: 1. The Stage II Phaseout DEIR addressed an annual flight operations level of 687,000 (equivalent of 65 MAP) which was expected to be reached in 2000. 2. 687,000 annual flight operations was reached in 1994. 3. 687,000 annual air operations equates to 1,882 daily operations. Using the 39 pounds of emissions per flight ratio described in Note 9 above we can estimate that 73,398 pounds, or about 36.7 tons of pollution are being created by the daily flights to /from LAX. 4. As of 30 June 1997, according to the LAWA's 1997.4nnual Report, LAX had reached an annual air operations level of 763,148. That is, 76.148 more than the 687,000 annual flights addressed by the Stage II Phaseout DEIR of 1991. 5. 76.148 annual air operations egtiates to 209 flight operations per day for which there has been no assessment of environmental impact. 6. Current operating levels are reported to be approximately 2.200 per day, or about 800,000 per year, according to Mr. Jack Driscoll. Executive Director of LAWA, when interviewed in a local newspaper, the Easy Reader, 29 October 1998. 7. Current daily operations exceed the maximum operating level last addressed, in the 1991 Stage IT Phaseout E1R, by 116,000 per year, or about 318 per day. Again, using the 39lbs/flight formula in note 9 above, this equates to about 12,402 lbs of emissions per day, or 6.2 tons per day. 8. AQMD's threshold for recommending an EIR is the addition of 15 daily flight operations. 15 flight operations equates to about 500 to 600 lbs of emissions. LAWA has exceeded the threshold by a factor of 21. 9 LAWA continues to add flight operations with impunity from either CEQA or NEPA. In 1998 alone LAWA has exceeded the AQMD recommended threshold for an E1R• by nearly 200% as described below: Proposed /Approved Anticipatcd Cumulative # Date of Operational # of Daily of flights with 1" Addressed City's Agreement With: Fli2ht Significance no EhR by LAWA Response Air Taluu Nui 1.72 Alone, none. Est..240 26 Oct '98 20 Nov '98 Allegiant Air, Inc 1.72 Alone, none. Est. 238 28 Aug '98 08 Oct 198 Sun Pacific Int'l 12.00 Alone, some. Est. 226 09 July '98 14 Aug '98 Casino Express .40 Alone. none. Est. 226 15 June '98 13 July '98 ,Malev Hungarian .60 Alone, none. Est. 225 18 May '98 23 June '98 WinAir. Inc .38 Alone, none. Est. 225 14 April '98 20 May '98 Skyservice 4.00 Alone. little. Est. 221 16 April '98 20 May '98 Air Wisconsin 8.00 Alone. some. Est. 213 16 Dec. '97 12 Jan '98 Carnal Cargo .52 Alone none Est 212 11 Dec '97 16 Jan '98 11 Month 29.34 Daily = Approximately Cumulative Flights twice the cumulative Increase in threshold recommended Planned Ops by AQMD for performing an EIR. ' As pointed out in Section III of all of LAWA's Draft Studies for proposed operating schedules for new tamers. SCAQMD's Air Quality Handbook provides a screening table for airport operations that identifies, as the level of potential significance, or the air quality threshold, the pollution generated by fifteen or more daily, commercial flights. C `air -rn,al OR nrh -hr nC LAX IMPACT ON LOCAUREGIONAL AIR OIIALTTY We believe that LAX flight operations far exceed the parameters of any environmental study ever conducted by LAWA or any other agency. As a result, the potential hazards to public health and safety are tmlatown. It is a principal responsibility of the California Air Resources Board to inform and protect the citizens of the State with respect to air quality. Therefore, it is appropriate for the ARB to thoroughly assess the current impacts of LAX operations on the air quality of the region and to postulate the impacts of the growth in activity proposed in the LAX Master Plan for expansion. LAX AIR OPERATIONS WACT THE 40 MAP LEVEL BASE LINE: LAX's one and only comprehensive envirorunental assessment was published by the Los Angeles Department of Airports (LADOA), now Los Angeles World Airports (LAWA) as the LAX Draft Environmental Impact Report in July 1975, over 23 year; ago. At that time the Airport's passenger capacity was 23.5 million annual passengers (MAP). The anticipated number of flight operations for 1975 was about 379,000. Tim Final Report E VEIS for the Airport's Interim Master Plan was adopted by LA's City Council on 12 January 1981. The EIR conducted an in- depth evaluation of the impact of those additional facilities and operations required to nearly double the Airport's capacity, to accommodate 40 million annual passengers (MAP), the equivalent of approximately 560,000 annual flight operations. This growth was projected to be reached by 1990. 40 MAP was reached in 1986. Alternative C, (40 MAP Limit Without Palmdale) was ultimately the plan used for LAX's growth Below is a table comparing predicted growth according to Alternative C and actual growth. Alternative C data is drawn from Volume 2 of the Draft EIIt Aviation Forecast and Noise section. Notes: 1. As a standard practice. computation of the total number of operations at an airport can be derived by multiplying the number of departures by 2. On average, thenumber of departures and number of landings is normally equal. 2. This column of data is taken from Elie Annual Report published by LADOA/LAWA. 3. After 1986, these are flights for which no environmental impact study was conducted. 4. 40 MAP equates to approximately 560.000 annual air operations (Stage H Conversion DEIR of 1991) 5. In the 1981 Interim Master Plan's Draft EIR it was anticipated that a level of 560,000 annual flight operations would be reached in 1990. The level was reached in 1986. 6. 560,000 annual air operations equates to 1,534 daily operations. 7. During the year the DEIR for the Stage R Phaseout was published, 1991, a level of 669,034 annual flight operations was achieved. LAWA was operating at level of 109,034 antral flight operations above the limits of the previous environmental impact study. Therefore, the impact of those 109,034 antral flights, 299 daily flight operations. was unknown. 8. 299 flight operations represent approximately 11,650 Ibs of emissions, or nearly 6 tons per day. 9. According to the Stage II Phaseout EIR of 1991, 687,000 annual flight operations, the limit studied by that EIK will produce an aggregate of 72,898 lbs of emissions per day of pollutants tracked by AQMD. By dividing the number of annual operations by 365 and the number of pounds of pollution produced by 365, we find that during 1997. Ave averaged about 1,882 flights per day and each flight produced an average of abrupt 39 pounds of pollution. Since the LAX fleet has not completed its conversion to Stage III, this average of 39 pounds per flight is considered very conservative. C tai r- qua1.98\irb-ltr.an Alt. C . Alt C EIR Av. No z 2 = Total x 365 - Total Total (2) Amt. Actual Vol. 2 Departures Daily Ops. No of Actual Ops Exceeded Table Year Predicted Predicted (1) Annual Ons Ons Predicted Ons (3) 1 -29: 1975 519.02 1.038.04 378,885 460,816 81,931, or 224 per day 1 -34: 1980 590.17 1,180.34 430,824 538,914 108,090, or 2% per day 1 -36: 1985 696.13 1.392.26 508,175 547,491 43,313, or 119 per day (3) 1 -37: 1990 684.73 1.369.46 499,853 654,152 154,299, or 423 per day (3) 1 -38: I995 692.88 1.385.76 505,802 702,767 196,965, or 540 per day (3) Notes: 1. As a standard practice. computation of the total number of operations at an airport can be derived by multiplying the number of departures by 2. On average, thenumber of departures and number of landings is normally equal. 2. This column of data is taken from Elie Annual Report published by LADOA/LAWA. 3. After 1986, these are flights for which no environmental impact study was conducted. 4. 40 MAP equates to approximately 560.000 annual air operations (Stage H Conversion DEIR of 1991) 5. In the 1981 Interim Master Plan's Draft EIR it was anticipated that a level of 560,000 annual flight operations would be reached in 1990. The level was reached in 1986. 6. 560,000 annual air operations equates to 1,534 daily operations. 7. During the year the DEIR for the Stage R Phaseout was published, 1991, a level of 669,034 annual flight operations was achieved. LAWA was operating at level of 109,034 antral flight operations above the limits of the previous environmental impact study. Therefore, the impact of those 109,034 antral flights, 299 daily flight operations. was unknown. 8. 299 flight operations represent approximately 11,650 Ibs of emissions, or nearly 6 tons per day. 9. According to the Stage II Phaseout EIR of 1991, 687,000 annual flight operations, the limit studied by that EIK will produce an aggregate of 72,898 lbs of emissions per day of pollutants tracked by AQMD. By dividing the number of annual operations by 365 and the number of pounds of pollution produced by 365, we find that during 1997. Ave averaged about 1,882 flights per day and each flight produced an average of abrupt 39 pounds of pollution. Since the LAX fleet has not completed its conversion to Stage III, this average of 39 pounds per flight is considered very conservative. C tai r- qua1.98\irb-ltr.an LAX "CLIENT" SURFACE TRAFFIC AND ITS CONTRIBUTION TO AIR QUALM THE SUBTLE HAZARD A comprehensive study of the impact of LAX surface traffic emissions has not been conducted since the Draft Environmental Impact Report for the Interim Master Plan was completed in July 1975, over 24 years ago. The ever increasing amount of aircraft generated emissions must be considered together with emissions generated by LAX "client" vehicles. "Client" vehicles are those surface vehicles embarking or disembarking cargo, and/or passengers, or providing other services at LAX. According to data provided by LAWA, each passenger served by LAX is matched by an average of 1.4 surface vehicle trips tolfrom LAX This includes passenger vehicles, freight and service vehicles. If one assumes each of those velucles trips to /from LAX consumes, on average, 1 gallon of fuel in the airport environs, that is. within 5 miles of the airport, the following assessment may be made: Current 60 MAP Operation Level: 60 MAP, the current passenger operating level at LAX, divided by 356 days of the year = 164,384 passengers per day *, multiplied by X 1.4 vehicle trips per passenger = 230,137 daily vehicle trips to /from LAX, X 1 gal. 4.2 Ibl. 230,137 gals. burned daily by "client" vehicles in the LAX environs. X 4.2 lbs.** of emissions per gallon burned = 966,575 lbs. = the current (1997) estimated daily LAX emission level contributed by "client" issue. (Equates to 322 tons of emissions per day) vehicles. ( Eouates to 483 tons of emissions per dav) - 644,385 lbs. * ** The maximum level of emissions per day contributed by "client" vehicles as studied in the last EM to address the surface traffic issue. (Equates to 322 tons of emissions per day) 322,190 lbs. - 161 tons per day of pollution, the impact of which is unknown. Note: As reported in a LAWA News Release of 18 December 1998, the normal daily count for Passengers served at LAX is 165,000. During the holiday season the passenger count is expected to average 186.000 per.day. * * The burning of 1, 000 gallons ojgasohne produces 4.197 lbs. ojemissions. (EPA 1985). Therefore, the burning of one gallon of gas will produce about 4.2 lbs. of emissions. * ** A comprehensive study of the impact of LAX surface traiiic emissions has not been conducted since the Draft Environmental Impact Report for the Interim Master Plan was completed in July 1975, over 24 \.cars ago. That study provided the.following information. 40MAP the level of operations studied for the Interim Master Plan, divided by 365 days of the year - 109.589 passengers per day, 1.4 vehicle trips per passenger = 153.425 X 1 daily vehicle trips, gal. 153.425 gal. burned by "client" vehicles, 4.2 Ibl. of emissions per gallon of fuel burned = 644,385 Ibs., The maximum level of emissions per day contributed by "client" vehicles as studied in the last EIR to address the surface traffic issue. (Equates to 322 tons of emissions per day) C: Lair- quaL981arb- Itr.an SUMMARY Pursuant to the California Environmental Quality Act (CEQA), LAWA must prepare an Environmental Impact Report which assess the environmental impacts resulting from the total number of flight operations at LAX. The need for this study is exacerbated by the fact that while flight activity alone, in 1997, produced approximately 81.5421bs.• of pollution daily, the "client" vehicle activity related to those flights produced nearly twelve times that pollution, 966.575 lbs. 31M cnmhinatine of air and surface vehicle noLletine in 1997 w+�s annre :imately 1.048.117 !hs nor day. Or AM 521 tens nor dav_ Historically LAWA has ignored its obligation. as a public agency, to comply with CEQA. Instead it has incrementally increased its airport operations without the appropriate environmental review. As demonstrated by the calculations above. the impact of nearly one third of the daily tonnage, 165 of the 524 daily tons produced, has never been studied. Without these studies. LAWA officials and the public have no way of knowing the degree of the degenerative impact increasing flight operations at LAX are having on the health and quality of life of citizens in the surrounding communities. LAWA should conduct appropriate Impact Studies to determine its current environmental impact before adding additional operations. Pages j El S('undo, Ponut on COUNgt�OTES 0 EVALUATE AM IN El By Davin jca ly k $ 'v. 40 Trying to put tq rest residents' concerns about the cleanliness of Hl'6 gundo iiir,_ City Council Joied'S�.W have' the',AAeer-' apace, "Corpora oh"perf" `polta .ton tudie's'of the Hyper4on �T� tiSe k i._ Michael- p "st�k " .A►atQspace tCorporation'addrissed tba Cou&Hregarding the inforini lion the studies mould find. '711e testing will tell* J'W t Uutants are in the air." Epstein slid . I to tell if pollution_is In - c undo or-the Hyperion.' Councilmeinber Jane 'Frfun reported r � , eii t L ' that rgem�ers of; tl�e1 i the expenditure _needed or the tests.:9 , ,, _ City Council agreed on ,a $45,ppp �r �'!lt the air 20 lution studies ��.,..- ..:...� . Note' 763.148 flight operations reported in the LAWA Annual Report for 1997. divided by 365 a 2,091 daily operations. times 39lbs of emissions per operation - 81.512. divided by 2,000 - 40.8 tons per day. f -it, _ _ ---- --r.- ��.{ ..t /,'•.�� •�y.;: •ice -' — - ,� �. I� ` 111,• �!� or rR� �V;��i "0 � wj .�a �. �. • 1 Fvt Connie Day Air Quality Issues and the Los Angeles Airport Expansion Presented to: Los Angeles International Airport Area Advisory Committee April 9, 1999 Air Quality -How does the LAX Expansion fit into the AQMP? -How does the LAX Expansion effect Air Quality? Regional Transportation Plan w RTP accounts for: • Ground Access • Goods Movement • Shuttles and Greenline Extension Air Quality Issues and the Los Angeles Airport Expansion Introduction - Provide an Understanding of the Interactions Between the Airport Expansion and Air Quality. mProvide an Overview of • Conformity • Regional Transportation Plan (RTP) AQMP Growth Projections are part of the AQMP Baseline • Developed by SCAG • 1990 and 1993 numbers used for the 94 and 97 AQMP Regulated equipment is accounted for through the permitting process Air Quality is Impacted by Additional: - Vehicle Traffic 'Planes and Service Vehicles -Freight - Aircraft Fueling -Ground Service Equipment 4/8/98 Connie Day _ .. . Air Quality Budgets -How is it developed? -What is included: -How is it used? Conformity as it Applies to the Proposed LAX Expansion - General Conformity . Requires that Projects with Continuing Federal Program Responsibility must Demonstrate Conformity with the Approved SIP Budgets wTransportation Conformity • Transportation projects must come from a conforming RTP and TIP Current Status 3-The Airport Growth has been accounted for in the 1994 AQMP • SCAG Projections • Aircraft • Ground Equipment Air Quality Issues and the Los Angeles Airport Expansion Conformity . Purpose: To ensure that no entity of the federal government impedes an area's attainment demonstration What This Means -The FAA maintains responsibility and a positive conformity finding must be made for the expansion to go forward - Transportation elements, must come from a conformity RTP and TIP Regional Transportation Plan - Transportation growth is included in the 1997 RTP • Due to be approved April 17, 1998 Must meet Surface Transportation Act Requirements • Constrained Funding • Conformity a'When is a Conformity Finding Made? Impacts -No new transportation projects - Continuing projects already in progress or with an approved EIR - surface Access can't be built until a Conformity Finding is Made 4/8/98 2 Smog Study of Children Yields Ominous Results By JULIE MARQUIS y ka i l TINES STAFF WRITER ✓ Air pollution in Southern Cali- fornia appears to have subtle long- term effects on children's lungs and may cut into girls' breathing capacity more than boys', accord- ing to early results from the most comprehensive study ever under- taken in the region. Findings from the first year of a 10 -year smog study by USC re- searchers suggest that high smog levels most markedly restrict the wind of girls who spend a lot of time outdoors. Boys, on the other hand, are more likely to develop respiratory illnesses, as are children of either sex who live in houses with indoor pollution caused by pets, pests, mildew and water damage or ciga- rette smoke. While impaired breathing capac- ity— reduced volume or flow of air in the lungs —can leave children vulnerable to respiratory disease and underdeveloped lungs, it is not the same as an illness like asthma or bronchitis. Why boys would be more prone to such diseases is unclear, said the researchers, who published their preliminary data today in the American Journal of Respiratory and Critical Care Medicine. "It's not good news," said Helene Margolis, an epidemiologist with the California Air Resources Board, principal sponsor of the $16- million research. The study, which began in 1993, is one of the few to focus on pollution's long -term effects on children —a population considered especially vulnerable because they spend so much time exercising and out of doors. Of unprecedented scope, it in- volves more than 3,600 children in the fourth, seventh and 10th grades in 12 communities in the southern half of the state. A wide mix of communities was selected, from those with relatively clean air, such as Santa Maria and Atas- cadero, to more smoggy cities like Upland and San Dimas. The initial findings are based on questionnaires and lung function tests. Researchers plan in the fu- ture to also include school absences. Unpublished results from later years in the study, which re- searchers reported to the Air Re- sources Board in January, suggest that the link between high levels of pollution and chronic respiratory problems holds steady over a pe- riod of several years. It is the promise of finding such long -term patterns that most in- trigues pollution experts. "That will be unique" to this study, said David Bates, a professor emeritus of medicine at the Uni- versity of British Columbia who has advised USC researchers on their approach. "Everyone will be interested in that." The preliminary findings of chronic lung effects on children `come in the wake of another alarm- ing —but unrelated —study this month showing that despite the Los Angeles Basin's improved air quality, residents still are breathing unusually dangerous levels of can- cer- causing toxins produced mainly by motor vehicles. The children's study, by con- trast, focused on more common- place byproducts of vehicles and industrial emissions— ozone, microscopic elements known ,as particulates, nitrogen dioxide and acid vapors. The immediate effects of such substances have been well - studied but their long -term impact on youngsters remains somewhat of a mystery. Although billions of dollars are .spent in this region each year to ,fight smog on the assumption that ,dirty air has short- and long -term health effects, Southern California "still exceeds federal and state health standards for ozone and particulates, researchers said. Yet one of the study's surprising findings was that "ozone was not the big hitter," said Dr. Morton Lippmann, professor of environ- mental medicine at the New York University School of Medicine and a member of the study's advisory board. "The fine particles and acid and nitrogen dioxide seemed to be playing a bigger role." That was striking because other studies have shown that ozone— formed when hydrocarbons and nitrogen oxides react with sun - light—is more clearly associated with short-term ill effects of pollu- tion such as shortness of breath, chest pain and watery eyes. Most remarkable in the first year's findings were consistent, but as yet unexplained gender differences. "There is [not just] a difference between boys and girls; there is a difference between the pollutants most affecting boys and girls," Margolis said. Researchers clearly linked el- evated pollution levels to reduced breathing capacity in girls. Nitrogen dioxide and particulates apparently were the greatest culprits, although high ozone exposure played a sig- nificant role in girls with asthma. Boys' breathing capacity was affected by high ozone exposure too, but only in those who spent a lot of time outdoors. Boys tended to be more affected by respiratory illnesses. In their case, wheezing was linked to nitro- gen dioxide and acid vapor. But researchers noted that al- though boys initially suffered more from asthma, girls essentially caught up with them in that regard by the time they reached high school. Researchers hope to tease out the reasons for the gender differ- ences as the study progresses. Possible explanations include vari- ations in boys' and girls' lung volume and airflow, growth rates and hormonal effects. There were other findings that stumped researchers. For example, they could not explain why the incidence of excessive respiratory disease did not correlate with the highest levels of outdoor air pollu- tion. This contrasts with the sepa- rate finding of girls' reduced lung capacity in highly polluted areas. Whatever the answer, the in- vestigators say the findings under- line the importance of indoor pol- lutants such as mildew and cigarette smoke. Researchers argued for "a broad -based campaign to abate air- borne hazards inside homes." Other remaining challenges are to determine which pollutants are responsible for which physiological effects and how pollution affects asthma. Whether reductions in lung ca- pacity and aggravated respiratory illnesses will translate into lifelong health problems remains an open question, but such findings in the young do not bode well, research- ers said. "This is just a snapshot.... The real answer is going to come from finishing this study," said Dr. John M. Peters, lead author of the re- search. Peters said the children will be ifollowed for eight years, with the final two years reserved for analy- sis— meaning that the fourth - graders' health will be studied at least through high school. LOS ANGELES TIMES SMOG Continued from Al Breathing Problems Asthma is more prevalent among boys than girls until the high school years, according to a study of respiratory disease - prevalence rates among South- ern California children. GMs 4 9 5 Severe 11 5 ,2 7 13 Grade Asthma Asthma Wheeze Bronchltls Cough Pneumonia Boys 15 8 2 Both genders 4 17% 9% 25% -14% 8% 2% 7 17 12 22 14 6 2 10 16 8 21 11 8 1 GMs 4 9 5 22 11 5 ,2 7 13 7 22 12 8 1 10 16 7 26 15 8 2 Both genders 4 13 7 23 13 7 2 7 15 10 22 13 7 2 10 16 8 23 13 8 -1 Source: American Journal of Respiratory and Critical Care Medicine Study: Smog affects g'r i ls, boys differently:. Females may e By Noah Isackson THE ASSOCIATED PRESS Whenever the school day be- gins with a smog warning, school nurses throughout California pre- pare for hordes of wheezing, wa- tery -eyed or runny -nosed chil- dren. At Emerson Elementary in Riv- erside. health assistant Brenda Harris said smog means a flood of coughing and sneezing students and a slew of asthma sufferers using inhalers. Now. USC scientists are exam- ining the effect of smog on chil- dren in a $15 million study, de- scribed as the nation's first comprehensive look at the health effects of , air pollution on chil- dren. The ongoing investigation, com- missioned by California's Air Re- sources Board, is already yielding results, the most intriguing of at higher risk which is data suggesting that smog and other common air pol- lutants affect boys and girls dif- ferently. The study also says that the lung growth in children who grow up in smoggy areas is about 5 percent lower than among chil- dren in cleaner environments. Children with weaker lungs are more prone to colds and coughs and are more likely to develop chronic respiratory diseases as adults, health experts say. The USC researchers did not expect gender to be a factor. "The assumption until now was that air pollution affects everyone L08 Angeles times the same way. What the study is.., finding is that those assumptions" are no longer true," said Jerry Martin, an air board spokesman. The study suggests that girls, may be more likely than boys to;;j have lower breathing capacity in areas with higher levels of ni ;: trous oxides and tiny particle pol- { lutants, such as diesel soot. The research suggests that two other populations at risk for low -, er lung volume are girls wfth asthma and boys who spent a lot of time outdoors in communities, l with high levels of ozone gas, the , main component of smog. The preliminary report does not offer an explanation for the,, difference in health effects be -:, tween boys and girls, because the,, t researchers have more testing , and analysis to conduct. The study is tracking respirato ; ry symptoms, breathing capacity and school absenteeism among children in the fourth, seventh:. and 10th grades in a dozen South -, ern California cities. ARB officials said the study may, I eventually confirm what many; people have suspected — that smog, t causes health problems. A ; 'This study is going to contin, ue. While the findings are provoc ative, they are not complete," said ARB member William Friedman, ; a pediatrician and academic dean, i at the UCLA Medical School. At the study's completion, re-, l searchers will have followed 5,000 children at 52 schools over the . course of nine years, through 2001- %pw..- - MARCH 28,1999 Tt i 110, PUBLIC HEALTH The Danger of Hyping Hazards By David Friedman eadlines earlier this month trum- peted a report released by Rep. Henry A. Waxman (D -Los An- geles) that a 10- chemical toxic brew subjects Los Angeles residents to 426 times the permissible federal cancer risk. Drafted by Democratic staffers on Wax - man's House Government Reform Com- mittee, the report was not just misleading, but it also shows how media -savvy environmental advocates increasingly distort public - health priorities. Based on weekly air samples taken by state officials at three locations in greater Los Angeles from 1995 -98, the report computed average annual concentrations of 10 auto - exhaust- related chemicals like benzene and butadiene. The results were then weighed against the purported "health goals" of the federal Clean Air Act. These goals aim to prevent more than one addi- tional incidence of cancer per million ` people over 70 years. Average con - centrations of these exhaust -re- -•: lated chemicals, the report found, exceeded the goals. The com- mittee as Mgela rims mittee staff and countless media reports grimly concluded that, despite apparent progress, L.A. residents are still being silently poisoned by the air they breathe. This "finding" is simply false. There are no federal ambient -air health goals for the chemicals Waxman's team examined. Sadly for government officials who de- serve kudos, not criticism, California's stringent controls are dramatically re- ducing such emissions at rates certainly faster than less - regulated regions. David Friedman, a contributing editor to Opinion, writes frequently on economics and development. The report's most serious flaw is its misuse of federal regulations setting lim- its for individual emission sources as the measure of total ambient -air safety. Un- der the Clean Air Act, "point- source" standards for factories, gas stations, dry cleaners, etc., ensure that no single emis- sions source will unreasonably degrade the air. These separate standards cannot be used to measure overall air safety without producing absurd results. Many of the chemicals studied by the report, for example, occur naturally in the atmosphere at several times the emission levels permitted from any point- source. If such standards embodied the nation's overall ambient -air goals, the govern- ment would be in the difficult position of mandating air quality even nature can't achieve. It would be highly unusual, moreover, if a region's ambient air didn't substan- tially exceed a single source's emission restrictions. The act's health goals were set with the knowledge that individual point- source emissions would collect in the atmosphere. Using these goals to critique overall air quality is like claiming an airplane is unsafe because total on- board luggage exceeds the two-bags-per- person limit. The report is also marred by numerous technical flaws. It calculates regional air quality for hundreds of square miles from sampling data that state officials specifi- cally say cannot be used in this fashion. Scientific audits also show that chemical ilesse see HEALTH, MZ Continued from Ml analyses of the gases collected in each sampling. canister are subject to consider- able error. Yet, none are factored into the report's numbers. Even more troubling is the report's implication that that the public is being ill informed about, and inadequately pro- tected from, toxic -air risks. Waxman's staff focused on Los Angeles precisely because California collects and publicizes more detailed air - quality information than anywhere else. It's also misleading to suggest that California has done little in response. During 1990 -96 alone, the same statistics used by Waxman's team shows that the state's tough emission controls reduced butadiene and benzene, which together account for more than 70% of the report's purported cancer risk, by a whopping 40% to 67%. That's a roaring success by any measure, particularly when the state's car - driving population is growing. Far more than the "health risk" it largely manufactured, the Waxman re- port highlights the growing lack of per- spective that afflicts present -day envi- C,o Health: An Environmentalism That Can't See Beyond the Trees ronmentalism. At a time when California's schoolchildren can't match the reading skills of Mississippi's, and 25% of the population is growing poorer amid an economic boom, why should public debate be diverted by an incor- rectly stated "problem" that is, in any case, dramatically improving? Ecological activists rabidly resist mea- suring their goals against other critical concerns like economics. No less than Vice President Al Gore repeatedly likens environmental- policy skeptics to people who ignored the sounds of shattering glass during the horror of KristaUnacht, the evening in 1938 when Hitler's Brown Shirts stormed synagogues and killed scores of Jews. Contrary points of view, Gore and others urge, should just be ignored or downplayed. The growing waste and social conflicts generated by such pretensions, however, demand that scrutiny begin. Even if accurate, for example, the 400- cancers - per - million - person lifetime risk the Waxman report "discovered" would amount to. less than .16% of the total 250,000- cancer - per - million person risk everyone faces. Every form of pollu- tion taken together, according to the federal Environmental Protection Agency, causes just 1% to 3 % of all cancers, compared with 355/o for poor diet or 30% from smoking. A Harvard Center for Risk Analysis study showed that federal pollution con- trols cost $7.6 million to save a single life - year —the most expensive of all kinds of expenditures— versus $19,000 for medical care. If it were truly concerned with the public- health goal of reducing cancer risks, the Waxman report would focus on diets, smoking and medical care. Instead, like far too many environmental "crises," it diverts attention from true priorities toward a narrow, far less sig- nificant agenda. As environmentalism moves from im- mediate, but now generally regulated dangers, like massive toxic discharges, to more refined matters of aesthetics or suburban "livability," latent class con- flicts are also starting to erupt. Pollution abatement often imposes highly regres- sive costs. In the early 1990s, for instance, the cost burdens of Southern California's The Waxman report " highlights the growing lack of perspective that afflicts present -day environmentalism. air- quality management plans were esti- mated to be three times greater for the region's poorest households than for its wealthiest. Activists dismiss such irritants by ar- guing that a better environment helps everyone. An unequivocal ecological cri- sis notwithstanding, the adverse health consequences of reduced economic op- portunities for the poor vastly overwhelm any environmental benefits they may enjoy from, say, cleaner air. Air pollution reduces average life expectancy in the United States by perhaps 30 days. Pov- erty strips away 10 years. Driven by such enormous disparities, volatile social conflicts can result from ill- considered environmental initiatives. Last year's fight over banning gas - driven leaf blowers pitted L.A.'s wealthier com- munities against Latino gardeners. Simi- lar conflicts are emerging in other public - policy arenas. Urban development and ethnic activists, for example, are increas- ingly outraged by the unwillingness of well - heeled environmentalists to help resolve land -use and growth issues af- fecting their communities, such as clean- ing up contaminated property. America's stock -driven prosperity may suggest that the concerns of the comfort- able are of paramount political interest. It may be, as coverage of the Waxman report indicates, that placating such pre- occupations earns short -term media and electoral rewards. But unless eco -advo- cates temper their efforts with badly needed perspective, their agendas may do more harm than good. ❑ OPINION ALLISON SILVER Sunday Opinion Editor GARY SPIECKER Deputy Opinion Editor 0 ■ Health problems created by smog, oil refineries top '� list of concerns presented at AQMD town hall meeting. � �9 t t Deeortn�t Pa ��I interested in it where there are ' SMA aq Weekly �� chronic complaints. t ° . Residents and � activists also • /WILMINGTON — Health questioned the ill health effects /problems 'created by smog and the caused by idling diesel locomo- toxins emitted by local oil refiner- fives, trucks in residential areas, ies, oil tankers, and diesel trucks sandblasting' in Carson and �( O and trains topped the list of South Lomita busi. Bay residents' concerns at a town ness districts, i - hall meeting by the South Coast and the AQMD Air Quality Management District.' uncovered executive = About 100 residents turned out coal and coke officer ��, • O last week at Los Angeles Harbor g blowin Barry College to ask questions and talk silt elds from Los Wailerstein with air pon experts about A n g e 1 e s said that to air- quality problems in their Harbor to sur- correct the O neighborhoods. rounding refinery During the two -hour session, communities. flare -ups, scientists, planners, environmental Harbor there must law attorneys and air - quality gval- 'be three- uators lent their expertise about air City resident .`wa com- llution problems in the South Denny Coeing y . po p complained murncation Bay. Shankar Prasad, an AQMD that he had,, AQMD, the health effects officer, began the sinus swgery comrpuniry meeting with a discussion of the that cost and the causes and effects of the biggest $65,000 and g9 refineries. polluters — particulate matter, car- his wife has bon monoxide, lead, ozone, nitro- cancer. He gen dioxide and sulfur dioxide. then produced a napkin with what Audience members nodded in he believes is residue from coke recognition as he listed health fallout in the harbor. problems caused by smog, such as ' Wallerstein thanked Coeing for restricted lung growth in children, producing "a real live sample,' reduced lung capacity in adults, promised to put the napkin under increased cancer risk, asthma and a microscope, and referred him to shortened life expectancy. � . , ' Aileen Tabor, the division planner When the meeting was turned overseeing the harbor coke piles. over to the audience, oil refinery Shipra Bansal, speaking on emissions and flare -ups ranked behalf of the citizens group known high on the complaint list. Communities for a Better Several residents said the Environment, voiced her concern Union 76 and Taaco plants belch that �� restricting vapors flames from their smoke stacks at � g Po all times of day and night. - ' from oil tankers are being Rancho Palos Verdes resident replaced with weaker directives and sociology instructor Janice that favor the refineries. Sandell also indicated the refinery Bansal's organization, which fPares have been an ongoing prob- works with communities exposed lem. to industrial toxins, is fighting to "I've taught at (Harbor) college require tighter controls on vapors for 30 years," she said. "Many that become airborne when oil have noticed that the emissions tankers are loaded with products are much higher." such as gasoline, diesel fuel, jet AQMD executive officer Barry fuel and other oil refinery prod - Wallerstein said that to coned the ucts refinery flare -ups, there must be 'Trying to end the meeting on a three -way communication by the h note, end th tern offered a eQMDes. community and the 24 -hour hotline number, (800) One new technical solution in CUT-SMOG, that residents can the making, he said, is the devel- 'can about air - quality complaints. opment of a mechanical nose to He also encouraged residents take air- quality readings. < to get more involved by attending "It is being developed now at AQMD board meetings and other Caltech, " Wallerstein said. "We're town hall meetings. Refineries sued Woverr%`�h gqalth claim A fort 14 health worker and his wife sued a dozen petrochemical ,manufacturers Tuesday for al- legedly failing to warn him about toxic chemicals that he claims caused him to develop a terminal blood disease. Companies named in the Los Angeles Superior Court com- plaint include Arco, Chevron, Exxon Corp., Petro-Diamond Inc., Shell Oil Co. and Mobil Oil Corp. Spokesmen were unavailable for comment late in the day. David Swayze worked as a clerk and supervisor for the Metropolitan Transportation Authority from July 1981 to March 1996, according to the lawsuit filed by attorney How- ard A. Kapp. "His job was to hook up the hoses and to open the tanks on the tanker trucks" at an :VITA fuel depot, Kapp said. Swayze alleges that his expo- sure to refined petroleum prod- ucts caused him to develop mye- lodysplasia, a disease linked specifically to the chemical ben- zene. tw,ez. z z % q% Air Standar a Thank you for the March 18 arti- cle, "Smog Study of Children Yields Ominous Results," as well as the March 1 article, "Cancer Risk From Air Pollution Still High, Study Says." The studies roll in. One question remains: Why do we allow so much pollution to endan- ger our families? An industry can cause cancer in 100 people for ev- ery 1 million it exposes to pollution. That's OK, according to our own Air Quality Management District (AQMD Rules 1401 and 1402). It's not OK for 99 of those people — they would be safe if our local standards met Clean Air Act goals. They don't. That's negligent, dan- gerous and simply unacceptable. MARTIN SCHLAGE'TER Conservation Coordinator Sierra Club, Los Angeles Smog risks are few in South Bay It's only early data so far, but detailed testing for cancer -caus- ing air pollution hasn't turned up any toxic hot spots in the South Bay. r At least not compared with the Los Angeles -area average, as mea- tured by the South Coast Air Quality Management District in the biggest -ever study of toxic air pollution locally. . Regionally, airborne chemicals ftm cars and industry cause 426 Cancer cases per million people each year. The South Bay and Harbor Ar- ea don't escape unscathed but have a lower risk. A monitoring station in Tor- rance showed 212 cancer cases linked to the chemicals each year. A station in Hawthorne picked up on 339 extra cases. Wilmington's station showed 352 cases. The highest -risk areas were Compton, Huntington Park and Boyle Heights. However alarming the num- bers, the fact is that they are on the decline. And the data is incomplete, said Mel Zeldin. AQMD assistant deputy executive officer. The final results could be con- siderably different because the figures were based on just one month's worth of monitoring. Fi- nal numbers will approximate cancer risk averaged over an en- tire year as pollution fluctuates. Monitoring continues through next month, and it will be Sep- tember before the final conclu- sions are released. 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Report is the first to measure carcinogenic dangers of breathing. By LISA GETTER, TIMES STAFF WRITER 3f, " WASHINGTON— Despite improved air quality in the Los Angeles Basin, residents still are breathing unusually dangerous levels of cancer - causing pollutants, according to a groundbreaking congressional study set to be released today. Although California has made strides in reducing hazardous air pollution, the report found toxics at high enough levels that the risk of cancer was 426 times higher than health standards established by the 1990 federal Clean Air Act. "We were surprised at the find- ings," said Rep. Henry A. Waxman (D-Los Angeles), who requested the report. prepared by the minority staff of the House Government Re- form Committee. "They are so much higher than they ought to be." Although data about air quality have long been available, experts say the study is the first of its kind to determine cancer risks in the air people actually breathe. Using thousands of air samples collected over the last three years at sites in Los Angeles, Long Beach and Bur- bank, the study computed and analyzed the health risks posed by various specific pollutants. The new findings could have wide influence on the way govern- ment views the risks of air pollu- tants —not just in California, but nationwide. The study probably will spur the Environmental Pro- tection Agency to establish a na- tional network to monitor cancer - causing pollutants in the air. "This data should give a jolt to Los Angeles," said Gail Ruderman Feuer, a senior attorney with the Natural Resources Defense Coun- cil. "We know our air is dirty, but now we know in black and white that it's toxic too." The Clean Air Act named 188 chemicals as hazardous air pollu- tants linked to cancer, birth defects Please see AIK A17 or other serious health problems. It set a goal of reducing the lifetime cancer risk from exposure to those chemicals to one additional cancer case per million exposed people. But the new study found the risk of some toxics in the air far ex- ceeded those goals. The three pol- lutants posing the greatest dan- gers -1,3- butadiene, formalde- hyde and benzene —all are pro- duced by cars, trucks and other vehicles. "It should be a wake -up to us that we've got to do more," said Waxman, one of the original authors of the Clean Air Act. "We need to pay a lot more attention to toxic air pollutants, just like we've paid attention to ozone, smog and acid rain." The South Coast Air Quality Management District last year launched a similar but more com- prehensive study to determine the cancer risks from toxic pollutants in neighborhoods. The initial re- sults, due to be released in mid - March, will echo the conclusions of the congressional report, said Barry Wallerstein, AQMD execu- tive officer. "It appears that motor vehicles create the largest portion of the toxic risk in terms of their emis- sions," Wallerstein said. "We still need to do more on the stationary sources as well." Wallerstein said that since the Clean Air Act was adopted in 1990, cancer risks from toxic pollutants have been reduced by 40 %. But the new AQMD data show lifetime risks of getting cancer from the air at levels 200 to 400 times higher than the Clean Air Act's health goals of one additional cancer case per million. Risks From Bad Air Cancer risks were above Clean Air Act goals at all three monitoring stations In los Angeles County: Cancer risk per million people Las Anpla 7 7-7-47-fl 483 Laq Bead ' 323 Note: Clean Air Act goat Is cancer risk of i per million people The 3 Main Culprits Butadiene: found to cause cancer in heart, lung, breast, ovaries, stomach, liver, pancreas, thyroid and testes. Parrnaidshyde: found to cause lung cancer in animal studies. Benzene: known human carcinogen that has been found to cause leukemia and cancers of the lymphoid. Source: Caffomia EPA Los Angeles Times "What one can conclude from the data they looked at and the new data we're putting together is that there have been tremendous strides made in the last 10 years in reducing air toxins in the Los Angeles Basin, but it's a work in progress," he said. For years much of the nation has focused its attention on problems caused by ozone and smog. The House report and the upcoming AQMD study concentrate Instead on health risks from tmdc pollutants that can be even more deadly. "We've done a lot to reduce hydrocarbons and carbon monox- ide," Waxman said. "As we develop tighter standards from the emis- sions from cars and fuels they use, we'll see a reduction in those hazardous pollutants as well. But that may not be enough." Already, California requires its can to meet emissions standards more stringent than• EPA require- ments And since 1996, the state has mandated cleaner burning, low -sul- _ fur gasoline —a move the AQMD estimates has reduced benzene levels by 40% in the Burbank area. "The real key here is to reduce the risk," said Mike Kenny, execu- tive officer of the California Air Resources Board. "The overall conclusions in the report are pretty much right on." LOS ANGELES '17IMES AIR Cancer Risks Still High in L.A. Continued from Al Although Kenny said the state has been moving in the right direction to address the problem, others aren't so sure that enough government attention has been paid to airborne toxics. The con- gressional report relied on infor- mation collected by California but never publicly released by the state. "Why hasn't any agency re- leased these numbers ?" Feuer said. "I think because these numbers reflect poorly on the agencies. These numbers say they're not doing enough." Existing clean air standards have improved public health, but the new study underscores the need to do more, maintained Jeff Clark, an EPA administrator in Washington. "Clearly, those numbers are still unacceptably high," said Clark, who heads policy analysis in the EPA's air quality planning and standards division. "It's a risk that is associated with longtime, life- time exposure to urban air." Although recommending that the EPA make the Los Angeles area a priority for further study, the report noted that the risks of getting cancer from the Southern California air are still much lower than the risks of getting cancer from cigarettes. A one - pack -a -day smoker, the report said, is 250 times more likely to get lung cancer than a person who simply breathes bad air in L.A. Times staff writer David Willman contributed to this story. - Danger in the Air 3 lit If nothing else, new data on the cancer risk posed by air pollutants demonstrate once again that the path to cleaner air in Southern California and elsewhere remains tortuous. The study released Monday by a congres- sional committee computed the specific health risks posed by various pollutants. Us- ing thousands of air samples collected over the past three years at sites in the Los An- geles Basin, the researchers concluded that local residents are still breathing unusually dangerous levels of cancer - causing pollu- tants. The report found toxics so strong that the risk of developing cancer was deemed 426 times higher than the health standard of one additional case per million established by the 1990 federal Clean Air Act. These are sobering findings, but they don't j mean that smog is worsening. Southern Cali- fornia has seen dramatic improvement in con- trolling air pollution in recent decades. The number of smog alerts and health advisories is down. Cleaner auto emissions and tighter . controls on local industry deserve much of the credit. The congressional findings don't minimize these important gains, but they do under- score why much more must be done. Unlike earlier studies that relied on statistical model- ing, this analysis is based directly on data from monitoring. For years regulators have concentrated on cutting emissions from automobile engines, with impressive results. But changing con- sumer preferences, particularly the growing ! popularity of high-powered sport utility vehi- cles, threaten those gains. Light trucks and SUVs now account for nearly half of all vehi- cle sales in the United States and generate a disproportionate, increasing share of air pol- lution. New federal and state regulations, which will require SUVs to meet the same emissions standards as cars starting in 2004, should help. The diesel engines that power larger trucks and buses are another major source of toxic contaminants, the state Air Resources Board confirmed last year. That agency is now charged with seeking ways to cut diesel ex- haust by requiring cleaner-burning engines or their replacement with alternative -fuel en- gines. But the timetable is timid. The new data on cancer risk should prompt quicker ac- tion. WARNING Chemicals known to the State to cause cancer, birth defects, . or other reproductive harm are found in gasoline, crude oil, and many other petroleum products and their vapors, or result from their use. Read and follow label directions and use care when handling or using all petroleum products. Chemicals known to the State to cause cancer, birth defects, or other reproductive harm are found in and around gasoline stations, refineries, chemical plants, and other facilities that produce, handle, transport, store, or sell crude oil and petroleum and chemical products. Other facilities covered by this warning include, for example, oil and gas wells, oil and gas treating plants, petroleum and chemical storage tanks, pipeline systems, marine vessels and barges, tank trucks and tank cars, loading and unloading facilities, and refueling facilities.' The foregoing warning is provided pursuant to Proposition 65. This law requires the Governor of California to publish a list of chemicals "known to the State to cause cancer or reproductive toxicity." This list is compiled in accordance with a procedure established by the Proposition, and can be obtained from the California Environmental Protection Agency. Proposition 65 requires that a clear and reasonable warning be given to persons exposed to the listed chemicals in certain situations. Aera Energy LLC ARCO Atlantic Richfield Company, Its affiliates and subsidiaries CHEVRON CORPORATION and Its subsidiaries Equilon Enterprises, LLC (under the trademarks Shell and Texaco) Exxon Company, U.S.A. a division of Exxon Corporation, and affiliated companies Jackpot Convenience Stores, inc. Mobil 011 Corporation, Its affiliates and subsidiaries Phillips Petroleum Company Kinder Morgan Energy Partners, L.P. SFPP, L.P., Operating Partner Texaco,lnc. Time 011 Co. Tosco Corporation, Its divisions and subsidiaries (and under the trademarks 76, BP and Circle K) Uitramar Inc. Beacon The Valvoline Company a division of Ashland Inc. For more information, please call: 1- 800 -523 -3157 , .. +-r-&L TtcF �, Mo Q.%j t-s Av-� D VO L-a-,c t L t r'-j o Ir PFTRot_FtJnn— P(PQDVGA S 9mAti D +- JWE) AT L- AY, i TtkF ErJTttRZ A <R P()A -V Q A RV' A N-t-S •Pies Aauage alol ayl .toy 'Apnls yaallej paysl1gnd ayy ' uewsalods 'essaS lllg ,; elujoplea w •saipnls luawainseaw uMoul w uouawouayd Mau Alanllelau a s1 20l UM04s aso41 ue41 Wanas aloes yanw pue u1ej pine to anssi al04M ay j.,, sale-Iluaauoa pine uMoy; • aney e1u ti - uolile3 tu341noS - w s8o)• pwe awos iel. 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APa4�!tgnd Aphls a of Rwp.toaae 'ulel ' uana slunowe u1 painseaw Mail sell . p we ue41 asJOm saw11 001 ue41 a.tow etuuoJtlej uiaylnoS u1 auaydsowle $u1aq. )o (ellualod ay1 sey 'ainlslow aua4dsowle 'RupBny -punwR ut pay, a41 8u11eu1welP w aq of >faaM lSel pawoda� , 80 1ae., to aau"wd sno L� jo sM o iqa to inox J urng -jea 'suolssitda one Allsow 16011"od' p - pteze4 aU Ndnl salaBV son ` VVIS Si'iOdVNViaNi ,L Deal struck on d"iese exhaust f Tentative pact with trucking industry would list only particles as carcinogenic- . By Ken Leiser COPLEY NEWS �ERVICE SACRAMENTO — On the eve of a key vote by state clean -air regulators, environmentalists and trucking indus- try advocates have struck a tentative deal to list diesel exhaust particles as airborne carcinogens. The compromise announced Tues- day calls on the California Air Re- sources Board to ignore a recommen- dation to list whole diesel exhaust as a ..toxic air contaminant" and single out only the tiny particles as hazardous. Truckers, diesel engine manufactur- ers and operators of diesel - powered agricultural equipment have argued that the listing of whole exhaust would invite lawsuits and lead to a ban on diesel in California. Listing just the particles would not add as much weight to those lawsuits. "We are hopeful that they will Aake these strides," said Beau Biller, spokesman for the California Truck- ing Association. Exhaust cancer - causing? The proposed deal comes more than three weeks after a scientific review panel unveiled the findings of a nine - year study that concluded diesel ex= haust will cause 435 out of Mry 1 mil- lion Californians to contract cancer. Vehicles and machinery powered by diesel engines account for a dispropor- tionate share of the nitrogen oxides and fine- particle pollution in Califor- nia, state regulators say. But the trucking lobby said diesel flael and diesel engines already are regulated by the state and pollute less than they once did. BRUCE HAZELTON /STAFF PHOTOGRAPHER A Waste Management truck spews black diesel exhaust in a Redondo Beach alley. In Sacramento, environmen- talists and trucking advocates made an agreement to narrow the listing of diesel exhaust hazards. The Air Resources Board declined to take action on the listing after state lawmakers asked to hold hearings of their own on the issue. The air board will meet Thursday to make a final decision on the issue. A bill by Los Angeles Sen. Richard Polanco sought to block the listing be- cause of concerns about the scientific research. That measure is now before the Assembly Rules Committee. Environmentalists and public health organizations, too, claimed vic- tory in reaching the deal and staged the first of four statewide news confer- ences in East Los Angeles on Tuesday. "The attacks (by truckers) failed," said Paul Knepprath, a lobbyist for the American Lung Association of Califor- nia. "The board is poised to do the right thing." Environmental groups said the die- sel industry tried in vain to discredit the scientific research supporting the listing of diesel exhaust as a harmful air contaminant. "The big fear of the users was some- one would take the data and justify litigation," said V. John White, a lob. byist for the Sierra Club California. "The fact is you can't withhold evi- dence in the public domain. "You have a better chance of avoid- ing lawsuits if you help avoid the ex- posure to diesel exhaust." Defusing the Flap Over Diesel ` The nine - member California Scientific Review Panel for Toxic Contaminants was formed by the Legislature 15 years ago to work with state health officials, the Air Resources Board and the Department of Food and Agri- culture to identify and help control hazardous air pollution from pesticides and other chemi- cals. Most of its members are respected scien- tists from the University of California. After nine years of often rancorous debate and close study, the review panel has declared that diesel exhaust poses a serious cancer dan- ger and has urged steps to protect the public's health. This comes on the heels of a study con- ducted for the U.S. Environmental Protection Agency that suggests that even low -level exposure to diesel exhaust can - increase a person's risk of cancer. This, of course, has caused an uproar, largely because the economy has come to depend on diesel for everything from buses to railroad engines to long -haul trucks. Now, the Califor- nia Air Resources Board will have to consider ' what, if anything, to do about the review panel's findings. Here's a suggestion for the interim: Tone down the panicky rhetoric about the collapse of California's economy, a far - fetched notion. Every gain in air quality in this state seems to have been preceded by predictions of economic ruin; the ultimate result usually is better tech- nology that spreads to the rest of the nation. It would also make calming sense to consider I the careful long -range planning of an agency like the Santa Monica Municipal Bus Line, known as Big Blue. It handles 21 million pas- sengers annually and is one of the nation's best and most efficient transit operations. It already has a fleet of advanced diesel buses that surpasses 1998 air quality standards and reduces toxic emissions by 75% to 90% over its older buses. John Catoe, director of Big Blue, now figures that the municipal agency has made its last diesel bus purchase. Interim buses could use compressed or liquefied natural ggas before the agency achieves its final aim, vehi- cles that use fuel cells and emit little more than water vapor. That's the kind of forward thinking that Southern California needs and that other public agencies and private companies would do well to emulate. Smog ed,.,.. for 10% of ER-, visits in county Report cites respiratory diseases By Lee Peterson 114% STAFF WRITER 156 `— Smoggy days send thousands of Americans to the hospital every year, especially in Los Angeles County where 10 percent of emer- gency room visits are caused by air pollution, according to a re- port to be released today by the American Lung Association. The study strengthens the link between ozone smog and respira- tory disease, and emphasizes the argument that ozone levels even well below the federal standard are hazardous to health. Researchers studied hospital admissions and emergency room visits on days of elevated levels of ozone smog — not to be confused with the protective layer of ozone in the stratosphere — in 13 urban areas in either 1993 or 1994. Los Angeles County was studied for 1993. Los Angeles, which has the dirti. est air in the country, had nearly 11,000 emergency room visits at. tributable to ozone. That amounted to 10.3 percent of the county's total emergency room visits. Nationwide, 10,000 to 15,000 hos- pital admissions and 30,000 to 50,000 emergency visits were be- cause of respiratory ailments trig- gered by ozone. "These aren't isolated, anecdot. al statistics. We're talking about tens of thousands of people who end up at the hospital because they cannot breathe on bad ground -level ozone days," said Dr. Scientists have found one "or more chemical footholds need- ed for HIV to infect cells. /AT Vanessa Tatum, an Inglewood lung specialist and a member of the American Lung Associat .op of Los Angeles County board .1)f directors. Dr. Shankar Prasad, health' ef- fects officer for the South Coast Air Quality Management District, said while the study's results are believable, studies are still neeQ- ed to examine the combined 'ef- fects of ozone and other typei . of air pollution on human lungs. Ozone is the most prevalent type of smog in Southern Califor- nia, common throughout the warmer months of spring, sum- mer and early fall. Violations continue AQMD figures show the region violated the federal health stan. dard of .12 parts per million bf ozone on 98 days in 1995, and 118 days in 1994. The stricter state standard of .09 ppm was violated on 126 days from January through September 1995, and 165 times in 1994. While Southern California air quality has been steadily improv- ing in the last several years, the figures show the region has a long way to go. Ozone irritates the respirator► system, especially in people witfi SMOG /A4 Bad Air in Cities Kills Hundreds of Thousands erek Elsom, professor of cli- matology at London's Ox- ford Brookes University, says that the health of as many as '--�-6 billion people living in urban areas throughout the world may be at risk from poor air quality. "Hundreds of millions of people live in cities where air pollution is so severe that several hundred thousands die prematurely every year and many tens of thousands become acutely or chronically ill.,, In many cities around the world, "a cocktail of pollutants derived from diverse sources" are being added at a rate exceeding the ability of authorities to control them. In the United States, 60 mil- lion people breathe city air that has failed federal air - quality stan- dards. In Mexico City, "breathing the air is said to be the equivalent of inhaling pollutants from 40 cig- arettes a day." Source: Smog Alin ,blana�irr� Urban Air Quality by Derek Elsom. Earthscan Publica- tions, Island (Tess, 1718 Connecticut A%-, = enue, N.W , Suite 300, Washington, 20009. 1996. 226 pages. Paperb 522. TORRANCE I; i t 1 E AQMD bens MoWtoring of air pollution for study Toxic air - pollution monitoring began this,Week at a Torrance site as part of the South Coast Air Quality Manage- ment District's largest study ever of tox- ic.hRt.spots around Southern California. 'ale monitoring station, enclosed in a 2af6di -long beige metal container, will stay in Torrance for four weeks, then be shipped to the next location in the study. In the South Bay and Harbor Ar- ea, testing will also be done in San Pedro and Hawthorne. ' tri Torrance, the station is located near the intersection of Van Ness Ave - nulMand Torrance Boulevard. The Stations are being placed where s6tn6f the region's highest exposures to toxin: air pollution is expected, judg- ing ff-om proximity to industry and roadways and wind patterns. Prelimi- nary results from local testing stations are s1posed to be made available by the end of the year at community meet- ings. One of the study's goals is to investi- gate the impact that toxic air pollution has qtr low- income communities. The fi- nal rgsults of the study will be used in future regulation of toxic chemicals. t — Lee Peterson H W Respiratory Hospitalization Study Implicates Ozone ■ Health: Researchers find that the pollutant may be responsible for 10110 of such admissions in L.A. County. By MARLA CONE "� 9 TIMES ENVIRONMENTAL WRITER As many as 10% of the tens of thousands of people in Los Angeles County who seek medical care for serious respiratory ailments wind up in hospitals because of breath- ing ozone, Harvard University re- searchers and the American Lung Assn. report in a study made public . today. In an analysis of 13 large metro- politan areas, including Los An- geles and San Diego, the research- ers estimate that the potent pollutant —the main ingredient of smog —may be responsible for about 50,000 emergency room visits overall during the smoggiest months of the year. The estimate was based on hospital visits in the 13 cities in either 1993 or 1994. Los Angeles County —which has by far the nation's worst smog — showed the highest increase in hospitalizations on smoggy days. The Los Angeles data were gathered from February through November 1993. Of 132,000 people treated in Los Angeles County emergency rooms for respiratory ailments during that time, 8,500 to 13,000 may have contracted them from ozone, the researchers estimate. Of 44,005 actually admitted to Los Angeles -area hospitals for treatment, the researchers attrib- ute from 2,856 to 4,371 of the admissions to the air pollutant. Please we OZONE, ALS OZONE: Effects Underlined Continued from Al The patients in the study went to hospitals suffering from asthma attacks, pneumonia, influenza, bronchitis or chronic obstructive pulmonary disease. "Our study finally brings to life the reality of smog on the health of people's lives," said Dr. Vanessa Tatum, a pulmonologist with the lung association. "These are real people with health problems caused by air pollution. Smog is not simply an inconvenience." The researchers did not review each individual's medical records to determine what caused the sick- ness. Instead, they came up with their estimates by projecting from four earlier published studies that compared hospital visits on high - and low -smog days in moderately polluted cities. Depending on the amount of pollution, those earlier studies showed emergency room visits jumping by 5% to 43 %. separate study last month es- timated that thousands of peo- ple in Greater Los Angeles the prematurely each year from an- other widespread air pollutant, the particulates that come mostly from cars and diesel vehicles. Although many health experts say the studies are scientifically valid, they say the work is in- tended in part to influence national policies to curb pollution. Health groups such as the American Lung Assn. and envi- ronmentalists have stepped up their campaigns because the U.S. Environmental Protection Agency plans to propose new national health standards for ozone and particulates by the end of this year. The EPA is expected to set tougher limits on ozone because research has shown it affects health when present at lower levels than the current standard, especially among asthmatics and others with chronic respiratory ailments. For years, health experts have believed that ozone —a colorless gas that forms when pollutants react to sunlight —can cause short- ness of breath and aggravate respi- ratory infections and diseases. The Harvard -Lung Assn. study for the first time attempts to quan- tify ozone's impact on health in cities with the smoggiest air, among them New York, Washing- ton, Dallas, Detroit and Philadel- phia. . The rate of hospital visits linked to smog was lower in the other cities than in Los Angeles, where ozone levels are much more se- vere. In the worst -case scenario presented in the report, the hospi- tal visits blamed on ozone else- where varied from a low of 7.6% in Detroit and Milwaukee to 9.6% in Baltimore. San Diego was near the middle, with 8.8 %. Researchers from the Harvard School of Public Health say they would expect to see similar hospi- talization rates in other regions where ozone levels exceed health standards. In California, that would include Orange, Riverside, San Bernardino and Ventura counties, the San Joaquin Valley and Sacra- mento. Although ozone levels typically rise in months with high tempera- tures and high pollen counts, the Harvard researchers discounted hospitalizations linked to those causes. Because the overall visits on smoggy days jumped so drasti- cally, most medical experts believe ozone is the reason. In recent years, ozone levels have declined in most U.S. metro- politan areas, especially the Los Angeles Basin, largely because of emission controls on cars, cleaner - burning fuels and rules targeting various industries. But in the United States, about 90 million people still live in areas that violate the national health standard for ozone. In the Los Angeles region, ozone levels ex- ceeded . the health standard on more than 90 days last year. 4 groVV cery chains are i \r -rIl ..'4 Diesel exhaust danger; at centers is alleged By The Associated Press Four supermarket companies that operate big liis tribution centers in California were sued Tuesday, by the state attorney general and environmental, groups for exposing people to diesel exhaust with-* out warnings. The lawsuits stepped up the attack on diesel..a, staple of the shipping industry and livelihoods _of truckers, in light of studies showing its exha4sx contains cancer - causing chemicals. The suits name Voris Cos., Ralphs Grocery CID,. Lucky Stores Inc. and Stater Bros. All were flied in Los Angeles Superior Court except for the Suitt, against Stater Bros., which was being filed in San Bernardino County. r_�t Judy Decker, spokeswoman for Lucky patent American Stores, had not seen the suits and cou4 not comment specifically, but said the company, would defend itself vigorously. ., The company works hard to provide a "clean and safe" environment for workers and is a "good neigh- bor," she said. _ The other companies did not immediately respond to requests for comment. The companies were named in two sets of 1pw•, suits, filed separately by the Attorney General's; Office and the environmental coalition, claiming' violations of state law requiring so-called Proppsi -I tion 65 warnings by businesses using hazardous, substances. . -­ : The suits identify a Vons distribution cente ins Santa Fe Springs, a Ralphs center in Los Angeles, a Lucky center in Buena Park and a Stater Bros.; center in Colton. The environmental groups addi•,' tionally cited a Lucky center in San Leandro. The state's suits seek f W compliance with the law, formally known as the Safe Drinking Water', and Toxic Enforcement Act of 1986. The suits brought by the coalition, which includes the Natural Resources Defense Council, the Coati' tion for Clean Air and the Environmental Law Foundation, cite Proposition 65 as well as laws.eq unfair business practices and nuisances. ; Those suits demand that the supermarket chains switch completely to trucks that use less- pollutlrtg fuel and pay damages to neighbors and workers harmed by diesel exhaust. They also want the companies to be ordered.fct warn residents near the distribution centers and their workers that they are being exposed tg• 4 carcinogen. Additionally, the environmental groups want ,the. companies to establish a fund for medical monitor:: ing of children and elderly people exposed to ,tj14 exhaust. NRDC attorney Gail Ruderman Feuer said tiioii? sands.of people around each distribution center face exposure. Grocery Firms Accused of Polluting Air By MARLA CONE TIMES ENVIR NMEN AL WRITER -4 1 T.'! 9 Claimin that �eop a Uv- ing near supermarket dis- tribution centers face an excessive cancer danger from breathing diesel truck fumes, California Atty, Gen. Dan Lungren and en- vironmental groups sued four of the state's largest grocery chains Tuesday. The lawsuits target a Vons distribution center in Santa Fe Springs, a Ralphs facility in Los Angeles, Lucky Stores operations in Buena Park and San Lean- dro, and a Stater Bros. cen- ter in Colton. Please see GROCERY, A20 The environmental groups said that their goal is to get the grocery chains to convert their entire fleets to cleaner- burning fuels, such as liquefied natural gas. At the supermarket distribution centers, a continuous stream of 18- wheelers pick up and drop off goods, spewing exhaust laden with particles and other pollutants that have been linked to respiratory •_disease. Supermarkets own some of the largest fleets of diesel trucks in California. ' "These four companies came up on our most - wanted list," said Gail Ruderman Feuer, a senior attorney with the environmental group Natural Resources Defense Coun- cil. "Their distribution centers are smack in the middle of residential neighborhoods and these facilities are huge. We're talking hundreds, if not thousands, of trucks driving In and out of their facilities every day. The five centers were targeted .4because they are among the largest In the state and generate heavy truck traffic near residential areas. 1 GROCERY: State Targets Air Pollution Continued from Al Vons spokesman Brian Dowling said diesel trucks are the "single best and most cost - efficient" way to ship goods to stores. "We've looked at alternatives, but right now there is not a suitable alternative that can han- dle the kind of tonnage that is going in our stores," he said. "We try to be a good neighbor. We try to be a good employer. But we've got to bring product into that distribution center from various places and we've got to get it out to the stores." Judy Decker, a spokeswoman for Lucky, said the company believes that it "provides a clean and safe working environment for our em. ployees, and we feel we've been a good neighbor." The attorney general's lawsuits allege that the four companies failed to warn their workers and nearby homeowners and schools of the cancer risk as required under Proposition 65, the state's land- mark 1986 anti- toxics law. The state's suit was filed after the Natural Resources Defense Coun- cil, the Coalition for Clean Air and the Environmental Law Founda- tion filed a complaint against the supermarkets with Lungren's of- fice. In the suit, the attorney gen- eral's office charges that the supermarket companies "expose thousands of people to diesel truck exhaust without providing warn. ings." The coalition of environmental groups simultaneously filed their own lawsuits on similar grounds. The lawsuits are noteworthy un- der Proposition 65 in that they target businesses that had been considered fairly benign for resi- dential areas, rather than the usual factories and refineries that most people associate with toxic fumes. Indeed, some people living near Ralph's distribution center north- east of Glendale said they were not particularly bothered by the truck fumes that are part of the neigh- borhood landscape. "We would like clean air, of course," said Cecilia Nunez, 52, who has lived two blocks from the center for 26 years. "But there's trucks and cars in the whole city." Feuer said the litigation "culmi. nates a year's investigation" in Targets of Suit State officials and environmental activists say people living in the vicinity of major grocery distribution centers are at heightened risk of cancer because of exhaust from diesel trucks. The state has sued the owners of four distribution centers in Southern California and a fifth in Northern California. 0 0.5 ; MILES GLENOAKS BLVD. WILSON AYE. !' Ralphs - + -- i �\. .. � � coioRnoosi� 2 1 9N Glendale la Mirada o o.s - MILES 1LlICi{ty ARTESIA BLVD. W : 6 Buena y> Park ;ORANGETHORPEAVE. ' n g ` 30 ...... 4 x LA PALMA AVE. Source: State attorney general's oMOe which the environmental groups monitored the air in homeowners' yards near each facility. The environmentalists said their research shows that residents liv- ing near the five facilities are breathing about 15 times more diesel exhaust than the average person in the Los Angeles Basin and face a cancer threat that is 10 to 100 times greater than the level deemed significant by the state law. Diesel Exhaust Threat Cited The lawsuits follow a decision by a state panel of scientists that diesel exhaust poses a major risk of lung cancer. Last week, the Air Resources Board's science advisors recommended after nine years of review that diesel exhaust be de- clared a toxic air pollutant. UCLA toxicologist John Froines, who chairs the panel, called diesel exhaust, "without a doubt the most toxic set of constituents that you could ever find." Diesel exhaust contains more than 40 compounds that are linked to cancer, including ben- zene and dioxins. Especially dan- gerous, health experts say, is the large volume of fine particles that can lodge in lungs and irig- ger respiratory problems such as asthma. Norw k RosEC:rws AvE Vons cles, which hang In the air for ERCELtl DR. about 450,000 tons a year of nitro- gen oxides and hydrocarbons—] ALON, a�w:" SPdn9s smog that blankets the Los An- geles Basin. Some of the companies ex- " pressed disappointment with the m environmentalists' lawsuit because , ca they say that they are researching ' .3 Because of concerns over air d . , 01 0 C�rrftoa' AIR ESiA BLVD. MILES, '% , . d -_ .. ;•'A•?.'. A� ell i Stater Bros. } �f .L .1. BARro RD. arand ,xis • Terrace k' V C o �Cd :Z� 'e3c:;a V E ;, v a, E >* rn0 Ct r� =c ,aare�� y�v L 3 C rd eo C, c �, Each year, dlesef trucks, buses F`k' T'me' I and _other engines in California spew 27,000 tons of soot -like parti- cles, which hang In the air for about 10 days. They also emit about 450,000 tons a year of nitro- gen oxides and hydrocarbons—] which form the photochemical smog that blankets the Los An- geles Basin. Some of the companies ex- " pressed disappointment with the m environmentalists' lawsuit because , ca they say that they are researching low- polluting trucks, .3 Because of concerns over air d pollution in the Los Angeles re- gion, Lucky Stores is considering an experiment with new dual -fuel 3 v` trucks that run on natural gas and 3 diesel. Decker said LLicky, which oper- 3 ates 430 trucks at its Buena Park facility, hopes to start with one truck, then expand to 25, which she "the said would be largest private c .5 v fleet of [heavy -duty] liquid natural c .gas vehiFles in the state," Z c �; The trucks are untested and unproven" for heavy loads, and the g engines may not be efficient v enough for the supermarkets' cargo, Decker said. Ralphs, the largest supermarket i in Southern California, also is seek- I L c j ing lower - polluting alternatives, d c ° The company plans to install sys- tems on some of its diesel engines • °- 5 y that cut some emissions. How pollution affects the crime rate Can Bad Air Make Bad ,lotion Le rate i Things 9s ? Ha P p en ?1en . By RRandil Londer PSRSnV Wr67I14P . AIIGIICT 0 14A7 • PAGE 7 .monder JST 9. 1987 - PAGE 7 ON HOT, SMOGGY DAYS IN THE PIT OF THE LOS ANGELES BASIN, SGT. CHARLES MEALEY OF THE CENTRAL AREA POLICE PRECINCT BRACES HIMSELF FOR AN ON- SLAUGHT OF CALLS. ON THOSE SWELTERING DAYS, HE SAYS, WHEN YOUR EYES BURN FROM THE POLLUTION AND "YOU CAN'T SEE THE TOP OF A BUILDING TWO BLOCKS AWAY, MORE PEOPLE STAY OUTDOORS, ARGUE AND CARRY ON." And some of these citizens, he notes, will clobber each other. "That's when the police have to step in," the veteran cop declares. Most policemen would agree that the hotter it gets, the more incidents there are of family vio- lence, muggings and assault. And lest you think that this sounds too much like the once - popular "lunar theory" (Remember whenpeoplebelieved that the crime rate was higher when the moon was full? Even the police believed it, until scientists de- bunked the myth.), then: is scientific proof that bad air makes bad things happen. Evidence that chemicals in the air we breathe affect our brains is growing. Scientists suspect that the airborne tox- ins turn some peo- ple to violence. In Los Angeles, for ex- ample, and othercit- ies, hot weather can worsen the effects of pollution. That's when some people, goaded by bad air, come out swinging. Researchers like the psychologist James Rotton of Florida International University in North Miami have linked higher crime rates to air fouled with chemicals. The worst pollutant, accord- ing to Rotton, is ozone. He estimates that, every year, ozone provokes hun- dreds of cases of family violence in big cities with bad air. Potentially, this could be a huge prob- lem. Consider, for example, that, of the 300 largest cities in this country, one - third have broken the federal clean -air laws on ozone in the last three years. "If we reduce the ozone by 50 per- cent, we can reduce the incidence of violence by a thousand cases," says Rotton. Ozone has some beneficial proper- ties, however. When it appears in the stratosphere, 12 miles above the ear_:. ozone protects us from the harmful rays of the sun. But when ozone forms clos- er to the earth's surface —the sunli& -, helps to make ozone when it hits chemi- cals from car exhaust and industrial sources —it threatens our health. Rotton and his colleagues studied turn years worth of police and pollution data in Dayton, Ohio. They found that or warm, dry days —high pollution days —there were more assaults and cases of family violence. Rotton concludes that. without wind, rain or humidity to wash away air poisons, bad air moves people to mischief. To corroborate his theory that warm, pollution- racked air causes aggressive behavior, Rotton ran addi- tional tests, using mathematical tech- niques to rule out factors other than pollution. His findings did not waver. He said: "If you already have some trou- ble in your life, irritating pollutants can push you over the edge." Rotton is now studying how people react to low, sub -toxic levels of ozone. That is the kind of pollution — usually more than what is allowed by federal clean -air laws —found in large amounts in cities with a population of more than 100,000 people. Even the scientists advancing these theories agree that blaming antisocial behavior solely on hot, dirty air is risky business. "Behavior is complex and can be altered by so many things," says Lawrence Reiter of the Environmental Protection Agency (Ei So you have to make sure that behavioral changes are due to a chemical [in the air] and not some other factor." Reiter studies how chemicals and pol- lutants affect our brains, nervous sys- tems and behavior. His is an emerging field called neurotoxicology. One of the problems of this research, he says, "is that we are trying to evalu- ate an abnormal state of the brain when we still don't know enough about how the brain works normally." But the findings which link high lev- els of both pollution and crime do fit into the growing knowledge that, in 'the long run, many chemicals can cause nerve damage and behavioral changes. For example, scientists have known for Am9TY and upset3 Airborne toxins can push you over he edge The scene of the crime is likely to be hot and dirty. years that mercury causes brain damage: The 19th century "mad hatters" stam- mered, twitched and trembled from inhal- ing mercury vapors in London hat fac- tories. Today, many factories use masks and protective hoods to shield workers from the worst effects of chemicals. In recent years, scientists have dem- onstrated that lead lowers children's in- telligence. As a result, the EPA has slashed the amount of lead allowed in gasoline. In time, the agency may ban leaded gas altogether. The problem." says Reitter, "is how do you interpret behavioral change —and prove it is based directly on a chemical?" This is the question that researchers like Gary Evans of the University of continued .ly Yr._ • - - _ - __ California at Irvine and Steve Jacobs, formerly at Harvard, are trying to an- swer. They searched for the subtle "oth- er factors" that Reiter refers *to.* They studied people living in the chemical soup of Los Angeles. - - j The psychologists talked to 6000 peo- ple from all walks of life by telephone. They asked about stress on the job and at home, and about physical and mental health symptoms. Then they matched the levels of dirty air to the neighbor- hoods of a random group. According to Jacobs, people showed an uncanny knack for knowing when the air was bad. Even without knowing the official measurements, they could tell that the invisible ozone was high. Jacobs said that Los Angeles residents felt depressed when they thought the air was*dirty "and they had a major stress such as divorce or losing a job." interestingly, lower income people felt more smog, says Jacobs. He thinks this may be because they tend to live in more polluted areas. . - . . If pollution makes people limp with depression, how can it also make them angry and aggressive? "One explanation," says Jacobs, "is that we are seeing one problem with two stages. First you get irritable and aggressive. And then, due to chronic pollution and stress, the next stage is depression. This is a problem that's not going away:" .- Environmental watchdogs have fought hard to reduce the levels of smog chok- ing our cities. Since 1970, when Con- gress passed the Clean Air Act, there has been a reduction in the six worst air pollutants: carbon monoxide from ve- hicle exhaust; nitrogen dioxide from in- dustry and automobiles; sulfur dioxide from power plants; ozone from chemi- cals mixing with sunlight; lead from gasoline; and particulates such as dirt, dust and soot from industry. Yet, con- siderable levels of these poisons still wash over our cities, threatening our physical and, apparently, our mental health. `"The Clean Air Act sets very strict health standards," says Lee M. Thomas, head of the EPA. "In many cities, it is impossible to reach those standards. To do it, we will call on state and local governments and individuals to make some tough choices. Ultimately, people may need to make basic lifestyle changes, such as limiting how often and where they drive their cars." "All federal laws on pollution have focused on death and disease," adds Rotton. "But crimes and mental illness cost us too. When planning our cities, we need to take that into account." The bottom line, some researchers maintain, is that if we don't clean up our air even faster, we can expect more mental depression and more crime. IN P4Ri A . 411A11.tT 9 14A7 - P4R4nE MArA71ME Experts Split Over Peril of Particulates By MARLA CONE TIMES ENVIRONMENTAL WRITER When tiny particles of pollution descend on a city, everything— skyscrapers, mountains, the horizon — drowns in a sea of soot that can persist for days and stretch for miles. But something more ominous happens too. Death counts rise. People who might have survived a heart attack or bout of pneumonia or other illness are more likely to die. Scientists consider the link between airborne par- ticles and premature deaths about as compelling and well - documented as any finaing can oe. But even they are debating the merits of a Clinton administration plan to force a nationwide cleanup — staggering in scope and cost —when fundamental questions remain about why the microscopic particles seem to be killing people. Although severe pollution has long been known to be harmful and even lethal, only in the last few years have researchers made the surprising discovery that deaths seem to be tied to the moderate particle pollution found in many cities today. But how can a fairly small dose hasten a person's death? How can pieces of pollution made up of chemicals that are vastly different from city to city all be dangerous? And is it wise to mount a massive national effort to tackle the threat while such scientific mysteries linger? Dilemmas Lead to Judgment Call The move by the U.S. Environ- mental Protection Agency to tackle one of the nation's most pervasive urban pollutants raises profound dilemmas for public health policy, focusing on how much danger is acceptable, how much proof of harm is needed, and how far health officials should go in an effort to protect lives. The answer winds up a judgment call, even for medical experts. "You have to be willing to err on the side of being very careful, because the penalty for being wrong is that you've done nothing about a problem responsible for thousands of deaths per year," said Dr. Philip Bromberg, director of University of North Carolina's Cen- ter for Environmental Medicine and Lung Biology. "When you deal with public health, you accept less cer- tainty for a basis for action." But University of Rochester toxicologist Gunther Oberdorster, who does research exposing lab animals to fine particles, disagrees. He said that setting new limits "is the wrong thing to do at this time" and should be postponed until sci- entists can nail down what makes tiny specks of pollution dangerous and which are the most potent types that warrant cleanup. In November, the EPA proposed a new health standard that, for the first time, would limit the volume of ultra -fine particulates allowable in the air. One of the most far - reaching environmental proposals to emerge in a decade, it has triggered a bruising battle and fervent opposi- tion from the oil and auto industries and others, as well as from many members of Congress, governors and mayors in both political parties. A court order requires the EPA to set final standards by July 19. An estimated 167 counties nationwide — including nearly all of Southern California —would violate the agency's proposed limit. Once standards are set, those areas have up to 15 years to cut pollution, most likely from trucks, cars, power plants, factories and wood smoke. The ERA estimates the national cost at $6 billion a year, starting in 2007, while industry groups predict it will soar as much as 10 times higher. The Los Angeles Basin, often veiled with gray -brown soot, faces the biggest burden. Even EPA Ad- ministrator Carol Browner ac- knowledges that California will probably need to find replacements for diesel fuel, which powers every- thing from generators to trucks, trains and ships. Midwestern states reliant on coal -fired power plants also would be hit hard. The focus of the debate is an amorphous, complex blend of chemicals such as sulfates, carbon, nitrates and minerals. They have one thing in common: They mea- sure less than 2.5 microns in di- ameter, much finer than a human hair or grain of sand. The EPA currently restricts only coarser particles, less than 10 microns, which come mostly from dust Virtually everywhere epi- demiologists have looked, deaths and hospitalizations from heart and respiratory ailments increase on days when particle pollution rises. Such consistency in epidemiology is so rare it's striking. Among the cities studied are Los Angeles, New York City, Philadelphia, De- troit, Chicago, Santa Clara, Seattle, Denver and Provo, Utah. Based on those studies, an esti- mated 64,000 Americans are believed to be dying every year because of particulates. EPA officials say their proposed standard would save 15,000 of those lives and prevent several hundred thousand asthma attacks and bronchitis Mara yearly. Speaking at a medical confer- ence in San Francisco Jast month, Terry Gordon, an associate profes- sor of environmental medicine at New York University's School of Medicine, said these "silent extra deaths" make particles as deadly as + if an airliner crashed each time pollution rises. Danger Exists, Health Experts Agree ome scientists say the danger is I so clear and the evidence so persuasive that the public deserves I protection as soon as possible. Twenty -seven scientists— includ- ing some of the most prominent researchers in environmental I medicine —sent a missive to Presi- dent Clinton in January urging stringent itandards. But other scientists are skeptical about whether particulates are really the culprit for premature deaths, since no one knows why relatively modest doses could be lethal. They cannot at this point identify what may make fine parti - cles capable of killing, especially when their chemical composition varies greatly, depending on whether they are emitted by cars, trucks, factories or fires. For in- stance, fine particles on the East Coast are largely sulfur, while California's are mostly nitrates and carbon from gasoline and diesel. "I am very well convinced that we are showing links between day -to -day numbers of deaths and air pollution. And the weight of the evidence indicates ... particles seem to be responsible," said Jona- than Samet, chairman of epidemi- ology at Johns Hopkins Univer- sity's School of Hygiene and Public Health. "But," he said, "particles are a mixture. Do we know enough 1+10 FRIDAY, JUNE 6, 1997 rt AIR: Particles.Linked to Increase in Deaths Continued from Al about the cnaracteristics that may be causing the health damage so that we know what to regulate? These are some of the difficult issues we face." Some toxicologists contend that the EPA standards carry such a high cost that they should wait until these riddles are solved —a break- through, probably at least five years away, that could help pinpoint a solution with less severe economic consequences. Compared to the cast of regulation, the cost of additional science would be trivial, they say. "It's very important to first find out why particles are toxic," said Robert Phalen, director of UC Irvine's Air Pollution Health Ef- fects Laboratory. For any individual venturing outside on a polluted day, the risk is small. But because millions of people breathe the minute parti- cles, the overall death and illness count can grow substantially. Numerous studies have found that deaths rise 1% to 5% among the general population on days when particulates increase by a moderate amount. That amounts to 10 deaths per day in an area the size of Los Angeles County or New York City, or 300 people along the entire East Coast during a three - day episode. In eastern Los Angeles County alone, the EPA calculates that 800 people died prematurely in 1995 from cardiopulmonary ailments aggravated by pollution. Riverside residents face the highest risk because particles are more volumi- nous there than in any other urban area in the country. During severe sieges, there is no doubt particulates can kill. In London in 1952, about 5,000 people died during a weeklong fog of coal smoke that soared to concen- trations 40 times worse than any- thing measured today. Deadly parti- cle fogs also struck a Pennsylvania valley in 1948 and Belgium in 1930. But it wasn't until the early 1990s that scientists linked deaths to the much lower pollution levels found in modern cities. In more than 20 separate studies, researchers, dominated by a Har- vard University team, examined tens of thousands of hospital records and death certificates in various cities and compared them with pol- lution conditions. Consistently, deaths were higher in the most polluted cities and on days when volume of particles increased "We're convinced this is more than some oddball statistical ni- cety," said John Bachmann, the EPA's associate director of science policy. "It's not as strong as ciga- rette data [showing a high cancer rate]. But we have three or four lines of evidence to suggest [death from particulates] isn't just a sta- tistical fluke." Still, some medical researchers and toxicologists remain suspicious because, over a lifetime, a minus- cule volume of particles are depos- ited in a person's body — probably less than a gram. Questions Linger for Scientists Toxicologists began trying to answer these questions just in the last few years. So far, they have been unable to figure out how particles damage the heart and lungs or how to replicate the deaths in healthy lab animals ex- posed to different compounds. The danger is partially because of the particles' size —the tiniest ones may irritate nerve endings that affect the heart and penetrate deep in the lungs. But some suspect that the real danger comes from acids that cling to some particles, while others believe it is metals such as iron, lead and zinc. Medical experts also cannot pin- point whether people with illnesses are having their lives shortened by days, weeks or years and what happens to people exposed over a lifetime. Determining how particles can kill is of critical concern to those outside the laboratory as well. As states and cities across the nation frame multibillion - dollar strategies to clean the air over the next decade, they would prefer to know which sources to target to get the biggest bang for their bucks. Phalen of UC Irvine said the economic and social impacts are so great it is premature for the EPA to limit particles based on mass when the real danger could be some hidden compound that attaches it- self to a select group of them. But EPA and many other health officials say too many lives are at stake to wait. Browner, the EPA's administrator, compared it to the cigarette industry saying health warnings shouldn't have been is- sued until scientists knew exactly how smoking causes cancer. "If we had done something like that with leaded gasoline or to- bacco smoke, years would have gone by," she said. The Clean Air Act requires the EPA to set standards providing "an adequate margin of safety" for all Americans, based on current sci- ence. But what if scientists are at odds? Of 21 scientists convened by EPA, 19 recommended that the agency limit ultra -fine particles. The 19, however, disagreed or wouldn't give opinions on how stringent it should be, leaving Browner to reach her own conclu- sions. The EPA's proposal is "defen- sible but also attackable" on scien- tific grounds, said Bromberg of the ' University of North Carolina. Still, he believes a strong call for action is merited when the recent mortal - ity findings are combined with lessons from the past, especially during the London fog. Because particles are already i declining in most cities thanks to smog- fighting efforts, some scien- tists, including Oberdorster of the University of Rochester, say new standards can wait. The EPA standards, however, are designed with the more distant future in mind. After they are set in July, states and cities will have until 2002 to craft cleanup strate- gies, then eight to 10 years to implement them. By then, Browner said scientists will have uncovered new clues to unravel the mysteries. "To be honest with you, I don't think the challenge (of cleaning up particulates] is small," she said. "But we should not in this country walk away because we don't know the answers." Particle Pollution Linked to premature deaths from heart and lung ailments, particulates are a noxious stew of various compounds. Their composition varies greatly from city to city, depending on its mix of vehicles, industry and farming, which means each area needs to come up with its own solutions. (less than 2.5 microns) Nitrates: Mostly car and truck exhaust. Also factories. Sulfates: Coal -fired power plants, factories, boilers Carbon: Diesel vehicles and equipment, fires, woodburning Soillminerals: Paved roads, construction, erosion, farm tilling Ammonium: Fertilizer, manure, sewage plants Los Angeles Anaheim Riverside Ammonium Nitrates Ammonium Nitrates Ammonium Nitrates 13% 30% 12% a4% 17% 39% Carbon Sulfates Carbon Sail/ 15rc%�es Carbon Soil/ Sulfates 43% 13% 38% Minerals 27% Minerals �% 4% 7% San Joaquin Valley Phoenix Washington, D.C. Unknown Nitrates Nitrates Carbon Nitrates 12% U% acarbon 35% 13% Carbon Soil/ uya tes Soil/14% fates Soil /Minerals Sulfates Minerals Minerals 7% 15% 5% 47% •8 California has 14 counties that would violate the EPA's proposed limit for fine particles. The Riverside, Visalia and San Bernardino areas have the nation's worst concentrations. Fresno Los Angeles San Bernardino Imperial Madera San Diego Inyo Merced San Joaquin Kern Orange Tulare Kings Riverside Source: U.S. Ermronmenw Protection Aom and South Cart Ale Quality Management oistinct t.os Angeles Times Timeline, � traces ^��� pollution disasters ■ History reveals reactive air- quality regulations, while officials take proactive steps to stem accidents. GINA PICC %LO South Bay Weekly quali ty control measures have historically followed assive air - pollution dis- asters, a precedent the South Coast Air Quality Management District battles continually. Today, AQMD officials are try- ing to stay one step ahead in implementing necessary reforms but recount a long timeline of dis- aster- driven regulations. After Los Angeles residents in 1903 mistook the thick industrial soot and fumes hanging over the city for a solar eclipse, the City Council approved the first ordi- nance to prohibit dense smoke from chimneys and smokestacks. Three years after Black Wednesday in 1943, when smog caused a near blackout in down- town Los Angeles — sending workers to the hospital for vomit- ing, burning eyes and breathing problems — Los Angeles County established air- pollution - control districts. The Federal Pollution Control Act was enacted in 1955, the same year the highest ozone level was recorded in downtown Los Angeles and in Vernon. Three years earlier in 1952, a thick, nearly blinding, smog in London killed 4,000 people. California issued the most air - quality regulations during the 1980s at a time when fatal explo- sions, neighborhood evacuations and gas leaks at refineries in the South Bay had become common- place. One of the worst accidents took place at the Mobil Oil Co. plant in Torrance in 1979 when a 19- year -old woman tried to start her stalled car near the refinery's tank farms and accidentally sent up a spark that ignited a huge cloud of leaking butane gas, causing a fire that killed her as well as two refinery workers. Another explosion at the Torrance Mobil refinery in November 1987 caused a 17 -hour fire that injured six people and caused $17 million in damage. There were two more explosions that occurred in 1988: one that injured eight workers and anoth- er that killed a worker and severely burned two others. Despite these local episodes, South Coast AQMD spokesman Sam Atwood said the drastic enforcement measures of the 1980s; were in direct response to a disaster at the Union Carbide pesticide plant in Bhopal, India, in December 1984. CorJT.� SF�' (3ACSlt HISTORY CONTINUED FROM 1 A gas leak there killed 2,000 people instantly, injured 300,000 and was responsible for 8,000 additional deaths. Prior to the tragedy, Bhopal officials were iininformed about the plant's 'oxic releases. "Even though there were numerous incidents in the South Bay, this really eclipsed everything else," Atwood said. This was just a monumental disaster. It just grabbed the world's attention." In 1989, the AQMD adopted its first plan to meet federal clean -air standards by 2003, forcing refineries to develop cleaner processing methods and more refined fuels. Two years later, the Federal Clean Air Act Amendments of 1990 extended that deadline to 2010, a goal that Atwood calls ambi- tious. "It's going to take to 2010 just to achieve the current fed- eral health standards with the ambitious plan," Atwood said. "And the federal government has already adopted more strin- gent standards." Amid these environmental concerns, the Los Angeles Basin's population has nearly tripled in 40 years, from 4.8 mil- lion in 1950 to 13 million in 1990. By 2010, the area will boom by another six million to nearly 19 million, according to South Coast AQMD figures. With more people crowding into Southern California, there are more cars on the freeways being driven further distances, California Air Resources Board spokesman Jerry Martin said. In June, the AQMD launched the largest air -pollu- tion study in a decade to deter- mine whether regulators should consider even stricter enforce- ment measures. The South Bay communities of San Pedro, Torrance and Hawthorne are among the potential hotspots where the state is placing air - quality mon- itoring stations, according to the AQMD. "I think we're a long ways from eclipsing the sun with fac- tory soot and the air- pollution disasters in London that have literally killed thousands of people," Atwood said. "But we still have a long way to go." FACTS DID YOU KNOW ... • In 1990, consumer products emitted about 266 tons of smog - forming pollutants into California's air every- day —more than all the refineries and gas stations in the state? • Painting homes and other buildings in Southern California accounts for 60 tons of reactive air pollu- tants a day? • You can call the Air Resources Board public Tdorma- tion number at (916) 322.2990 to learn more? • Modern paints have been reformulated to reduce emissions.; oil -based paints are cleaner than ever but latex water based paints typically have fewer emissions? Draft Report Links Cancer, Diesel Exhaust ■ Pollution: EPA quietly posts research on Web site, as state prepares document expected to reach similar conclusion. Business advocate warns that banning the fuel would cause havoc. New technologies may be necessary to cut health threat. By JAMES GERSTENZANG and MARLA CONE TIMES STAFF WRITERS 4 [CID f 9 m WASHINGTON— Lending federal weight to a con- troversy already rolling down California's freeways, the Clinton administration has quietly issued a draft report linking diesel exhaust to lung cancer and other respiratory ailments. A state report due later this month is expected to recommend that the exhaust be listed as a carcinogen. Taken together, the two studies would add fuel to the debate over whether emissions from trucks, buses, diesel - powered cars and locomotives should be further reduced. But the prospect of new restrictions, stemming from the study by the U.S. Environmental Protection Agency, prompted immediate objections Thursday from a leading representative of California's business community. "The only thing you could do is eliminate diesel .. . without having a replacement. I don't think you can do any more without totally disrupting the economy and public services." said Allan Zaremberg, president of the California Chamber of Commerce. While acknowledging that studies of the emissions' impact on animals provide clearer results than those dealing with the effects on people, the federal report says: "It is clear that too much exposure [to diesel exhaust] increases the likelihood of non - cancer respi- ratory system damage or the risk of lung cancer, and thus we say diesel exhaust at some level of chronic exposure poses a respiratory hazard for humans. "As the total exposure over a lifetime increases, basic respiratory functions can be impaired, and there is a probability ... that lung tumors may appear later in life." In addition, the report suggests that young chil- dren's "episodic or frequent exposure" to the exhaust could increase their susceptibility to such diseases, thus disproportionately increasing their lifetime risk." The study was prepared over several months and Continued from A3 plea"• tee DIESEL, A19 was posted without EPA an- nouncement on the agency's World Wide Web site. The report will be subject to agency review, public comment and possible revision be- fore becoming final. Questions about diesel exhaust's contribution to cancer and respira- tory disease have consumed Cali- fornia air quality officials for years. Toxicologists across the country had linked the exhaust to cancer but had not determined what level of exposure is dangerous. The upcoming state report, pre- pared by a scientific board and due for release April 22, will be relayed to the California Air Resources Board. If the board accepts the scientists' recommendations and declares diesel exhaust to be a toxic substance, the agency will be re- quired to propose steps that would reduce the public's exposure to it. That is where the trouble starts. Diesel exhaust is ubiquitous. Ve- hicles powered by the fuel spew fumes on freeways, suburban and city streets and across farmlands. And while diesel engines in automobiles have never been very popular, most products enter the state aboard diesel - powered trucks or trains —and many children ride to school on diesel - powered buses, Zaremberg pointed out. The noxious emissions from die- sel engines have sparked efforts to control them, even as the engines' fuel efficiency has been touted as an answer to another pollution problem. Richard Wilson, the acting as- sistant EPA administrator for air and radiation issues, said agency standards have reduced diesel truck and bus emissions by 90% from those given off by previous models. "Diesel engines are more fuel - efficient today than ever, helping the nation reduce the pollution that contributes to global warming," he added. Diesel is one of the most regu- lated compounds in California,. be -_ cause' of its contribution to smog and soot. The fuel has been refor- mulated to reduce sulfur. State and federal standards have forced re- ductions in smog - forming emis- sions from diesel engines not only in trucks, buses and locomotives but also in tractors, industrial gen- erators and other sources. Thus, major new technologies, among them advances in alterna- tive fuels or in the design of the engine itself, might be required to achieve further reductions in emis- sions. "In the short term, there is probably very little that can be done that's not being done already. We already have the cleanest die- sel fuel in the world," said Jerry Martin, the Air Resources Board spokesman. Gerstenzang reported from Wash - Ington and Cone from Los Angeles. LOS ANGELES TIMES 'IMES 3 0�® Hazar of Diesel Exhaust ■ Re "Diesel Exhaust Found to Pose Strong Cancer Risk," April 23: It's amazing that the astounding dis- covery of findings by a group of scientists stated that emissions from diesel - fueled buses, trucks, etc. cause cancer and other diseases and are generally depicted to cause extremely unhealthy conditions. Frankly, anyone living in the Los Angeles Basin would only take about 10 seconds to make the same discovery after sitting behind one of these vehicles on the road. It is appalling that our lawmakers allow the air to be poisoned by these vehicles. When are they going to wise up and correct this harmful problem? FRANK ABRAMOFF Beverly Hills ■ Wait just one minute! Of those 14,850 who could die due to sec- ondhand exposure to diesel smoke, how many are also a part of the 232,572 who may die from second- hand cigarette smoke? These so- called statisticians are just playing into a government seeking more and more taxes to pursue top -down programs whi,.h ultimately can buy votes. How about a 52.50 -per- gallon tax on diesel fuel? That should make them happy. SAMUEL L. CLARK II Redondo Be,,ch Board Declares Diesel Soot aCancer- Causing Pollutant ■ Health: The compromise comes after a years -long debate. It sets in motion a process to try to figure out how to deal with the emissions of the toxic particulates. By MARLA CONE TIMES ENVIRONMENTAL WRITER Diesel soot —the culprit behind the smoke from trucks and buses that annoys many Californians —is a toxic, cancer - causing danger to the public, the state's air quality board declared in a unanimous vote Thursday. The decision, which set in place an unusual compromise between industry and environmentalists, ended nearly 10 years of political debate and scientific analysis by state officials and a panel, of scien- tists. Now, the real work begins for the state Air Resources Board. In a process likely to take years, the agency must evaluate strategies to protect Californians from the fine carbon particles emitted by diesel engines, including those in trucks, tractors and trains. Air board Chairman John Dunlap assured business leaders that ban- ning diesel engines or fuel is not an option. Instead, the air board voted to create a working group of health experts, industry leaders and en- vironmentalists who will help devise a plan that is likely to focus on tightening emission standards for future vehicles and finding ways to get rid of old, smoking trucks. Ending years of confrontation, environmentalists and industry groups Thursday endorsed the move to list diesel particulates as a toxic air contaminant. "This is a really important step and we're very pleased," said Linda Waade of the environmental group Coalition for Clean Air. "Af- ter nine years, I absolutely believe that it starts the clock ticking and we'll see some really good [policy] out of this. There will be no new Please see DIESEL, ASS Continued from A3 regulation immediately, but it starts this very important risk - evaluation process." Earlier this week, industry groups, from trucking companies to oil giants, agreed to end their years of intense opposition to air board action on diesel so long as the board identified only diesel par- ticulates —not diesel exhaust as a whole —as a toxic pollutant. The main difference, business leaders say, is that the board is giving them something specific to focus on— finding new technol- ogies to reduce the particles cre- ated by diesel engines. Particulates are microscopic pieces of soot that contain mol- ecules of various toxic compounds and can penetrate deep into lungs. The particles are believed to cause serious respiratory problems. California Chamber of Com- merce President Allan Zaremberg called it a "win -win situation" and a "fair compromise." Board member Joseph Calhoun, a former General Motors engineer, said he had "lost some sleep" over the prospect of voting to identify diesel exhaust as toxic. But he found it more reasonable to act only on diesel particulates —the ingredient that health studies, en- gineers and regulators have fo- cused on. Already, under existing emission standards, a new diesel truck or bus emits 90% fewer particles than one manufactured a decade ago. Many trucks on the road, though, are still putting out large amounts of smoke because the engines are older models. Despite the yeais -long delay brought by industry opposition, Dunlap said California is now ahead of the curve.' The U.S. Environmental Protection Agency is evaluating diesel ex- haust and is likely to declare it a carcinogen. Since 1989, debate has centered on how much of a cancer risk diesel poses to people driving on free- ways, riding on buses, living near trucking centers or simply breath- ing urban air. A state- appointed panel of sci- entists concluded that diesel pollu- tion could be causing 19,000 cases Of lung cancer in California. But that cancer estimate is highly con- troversial and uncertain because it is extrapolated to the general population from studies that found a high cancer rate among railroad crews, truckers and other workers who encounter high doses of ex- haust. Accord Near on Hazards of Diesel Exhaust ■ Pollution: Panel is expected to declare soot a carcinogen rather than targeting all exhaust components. By MARLA CONE TIMES ENVIRONMENTAL WRITER Ending a bitter fight over diesel exhaust, the California Air Resources Board today is expected to declare diesel soot a cancer - causing pollutant after industry leaders and environmentalists struck a deal that quells nearly a decade of intense opposition. The agreement is an unusual compro- mise in a war of words that has endured for nine years —the time that state environmental officials have spent re- viewing the dangers that trucks, buses And other diesel engines pose to public health. Convening this morning, the air board had intended to declare diesel exhaust a toxic air contaminant and begin crafting a strategy to reduce the threat. Instead, under the compromise, the board is expected to identify only a portion of the exhaust —tiny pieces of soot called par - ticulates—as toxic. Diesel particulates are microscopic pieces of carbon that can lodge in the lungs, carrying a host of carcinogenic molecules, and create dark, noxious clouds of smoke. Once today's decision is made, the state must review ways to clean up diesel particulates, perhaps by tighten- ing emission standards for future trucks and stepping up efforts to remove old, smoking vehicles from California roads, farms and construction sites. Engine manufacturers, trucking com- panies and other businesses say that it would have been unfair and impractical for the air board to indict everything about diesel exhaust as dangerous. The compromise, they say, will allow them to focus instead on finding new technol- ogies and other solutions to reduce the 27,000 tons of particles a year that come from diesel equipment, which includes millions of trucks, buses, trains, ships, tractors and other machinery. C a V.1Zl.A uts C o" Nti`?-T ccfF-AV$oot,c- r++r C. LOS ANGELES TIMES DIESEL Emissions a Cancer - Causing Danger Continued from A3 � In a statement, a coalition of influen- tial industry groups, led by the Califor- nia Chamber of Commerce and Califor- nia Trucking Assn., called it "a fair compromise." "It's time to put past disagreements and public confrontations behind us. With the agreement that has been reached, we can continue to make strides in making diesel fuel safer and cleaner for the future," the industry leaders said. Environmentalists are thrilled with the imminent end to the battle with the trucking industry and other business groups, saying that the public will be well - protected if the California air board works to reduce diesel particu- lates. "We now have the chance to come out of the box with a strong, focused effort," said Sierra Club legislative 13 consultant John White. "This is a good thing, because it will give us a chance to get to work and make (air quality( improvements over time. This is going to be a decades - old struggle to clean up diesel exhaust." Under Gov. Pete Wilson, the air board is extremely sensitive to opposition from California businesses, and the decision on whether to declare that diesel is toxic prompted vehement dissent and lobbying from every industry group —from oil companies to farmers —as well as Republican legislators. To quell the protest, Air Re- sources Board Executive Officer Michael Kenny last month invited negotiations with industry leaders, . environmentalists and scientists. White said industry groups agreed to the deal after they failed to persuade the Legislature to pro- hibit the air board from naming diesel exhaust as toxic. All major business groups active in the debate signed off on the agreement, including engine manufacturers, unions, oil compa- nies, farmers and manufacturers. Given the lack of opposition, the air board members will probably adopt the compromise today. Un- der the proposal, the board's staff "doesn't feel they lose any ability to control diesel emissions and it certainly brings a decade -long epi- sode to a close," said air board spokesman Jerry Martin. "It allows us to move on to the real work of actually reducing emissions." The state's Scientific Review Panel estimated that diesel pollu- tion could eventually kill more than 14,000 Californians by causing 450 lung cancers among every 1 million people exposed to average concentrations for a lifetime. Diesel exhaust ranks sixth in cancer po- tency among 19 pollutants that the board has already identified as toxic. Scientists are uncertain what exactly in diesel exhaust causes lung cancer. But they have focused on the particulates, which are easy to inhale deep into the lungs since they measure only a slight fraction of the diameter of a human hair. Dozens of organic compounds linked to cancer also attach to the particles and are carried into the lung. Daniel Greenbaum, president of the Health Effects Institute, an independent air pollution research group, said Wednesday that it makes sense for regulators to tar- get particulates. Only a small amount of toxic substances are found in diesel gases, as opposed to the particles, he noted, so most of the apparent health danger from diesels can be addressed by reduc- ing them. Several dozen studies of railroad crews, truckers, miners and other workers have shown they con- tracted lung cancer at a rate 40% higher than normal. Particulates have been linked to numerous other serious health problems. In human health studies in dozens of cities around the world, deaths from heart attacks and lung ailments such as asthma increase on days when particulates in the air increase. Despite the years of controversy, there has been little doubt among air board officials that they would list diesel pollution as a "toxic air contaminant," which state law de- fines as a substance that "may pose a present or potential hazard to human health." Business groups have argued that the cancer research is flawed and outdated because the people who were studied were exposed to old engines and dirtier fuel that spewed more particles. As part of the new deal, the air board would note that the cancer estimates may not accurately reflect new diesel fuel and engines, which are 90% cleaner than ones manufactured 10 years ago. Beau Biller, a trucking associa- tion spokesman, said declaring just the particles as toxic instead of all exhaust will reduce the threat that trucking companies will be sued by people exposed to fumes. Fear of liability over the cancer threat has been the companies' overriding concern. The EPA proposes tough new clean -air standards V � Z � 9�% HE CLEAN-AIR ACT WENT A LONG WAY toward making the sir we breathe cleaner and healthier, but it didn't ,o far enough. Despite the tons of lead. sulfur dioxide and other combustion products filtered from the atmosphere. millions of Amencans suffer from pollu- tion- related breathing disorders, includ- ing asthma and bronchitis. In L993 the iAmerican Lung association sued the En- vironmental Protection Agency to make it i re- evaluate its standards for particulates — very fine dust particles (about one t ent. - fifth the diameter of a human hair) —after studies showed that they can lodge deep in the lungs and may contribute to tens of thousands of premature deaths. Last week, two days before a court- ordered deadline, the EPA made its move. In a decision that EPA chief Carol Browner I calls one of the most important of her ca- reer, the agency proposed tough new stan- dards on both particulates and ;round - level ozone, a major component of smog. The standards will save 20.000 lives a year. according to the EPA. Under the new rules. however, dozens of cities that meet the re- quirements of the current Clean -Air Act would suddenly fall out of compliance. T(A;Z -. SMOG r SEC 7 (Co r,'C v-4 Qc- t1/9/9 6 The stage is set for what could be the biggest environmental battle of the decade. More than 500 business and local- govem- ment groups are fiercely lobbying against the rules, arguing that they would cost bil- lions, are based on dubious research, and would require .Americans to change the way they do everything from generating electric- ity to barbecuing steaks. Opponents are like- ly to get a sympathetic reception in Con- gress, which last year gave itself the power to veto such rules. —By Dick Thwn;nwAVahiWk n. With reporting by Dan Cray /gas Angela Pact Signed on Curbing Diesel Emission ■ Environment: Agreement by EPA, California and manufacturers will reduce exhaust from new farm and construction machines nationwide by up to two-thirds. By MARLA CONE c J 1 9 J g 6 TIMES ENVIRONMENTAL WRITER Clouds of smoke wafting from bulldozers, tractors and other construction and farm equipment will shrink considerably under an agreement among the U.S. Environmental Protection Agency, engine manufac- turers and the state of California. The national standards, to be phased in between 1999 and 2008, will reduce exhaust from each new machine by up to two - thirds, a major step toward controlling air pollution throughout the country —es- pecially in smoggy Southern California. The technology for cleaner diesel engines will raise the cost of equipment purchased by farmers, builders, golf courses and others. The price tag on a new farm tractor or backhoe, for instance, is expected to increase by several hundred dollars, according to preliminary EPA estimatei. The pact is the second breakthrough in fulfilling the Clinton administration's promise to assist California with sources of smog that cross state borders and come under federal control. Last year, the EPA and the state signed a groundbreaking agreement with manufac- turers to cut emissions from heavy -duty trucks and buses in half starting in 2004. Cleaning up diesel exhaust has been the most challenging aspect of pollution control over the last three decades, and farm and construction machines have some of the dirtiest engines still legal in the United States. Nationally, the EPA's regulation will cleanse the air of about 800,000 tons of nitrogen oxides in the year 2010, when the new engines will be widely used. In the Los Angeles Basin, the reductions are equivalent to removing 2 million cars from the roads, based on state auto emission data. "When fully implemented," EPA Assistant Admin- istrator Mary Nichols said, "this agreement will produce one of the largest emission reductions result- ing from any single mobile source standard in the history of EPA." After more than a year of negotiations, the pact emerged from an unusual, voluntary alliance between the Clinton and Wilson administrations and 12 corpo- rations, including Caterpillar, Deere & Co., and Navistar International Corp. The signatures of high - ranking environmental aides to the governor and the president appear side by side with those of the corporate executives. "This ... opens a new frontier in environmental protection," Nichols said, "one in which a complex and pervasive source of air pollution will work in.coopera- tion with government to develop cleaner, more efficient technology." Although the regulation will be national in scope, California air quality officials played a lead role in drafting it because the Los Angeles region faces the most dire need for the pollution controls to achieve health standards. The cleaner equipment should also help cut smog in the farm belt areas of Sacramento and the San Joaquin Valley. More than 90% of the decrease in pollution, however, will come in the other 49 states. "These pollution controls are necessary if California is to attain —and of course maintain — healthy air quality," said California Air Resources Board Chair- man John Dunlap, who signed the agreement, "Na- tional limits ... also have a benefit throughout the rest of the nation, so we are pleased as DIESEL, A29 to provide the leadership here." 1 For two years, the Wilson ad- ` ministration has pushed for the federal government to regulate nationwide pollution sources such as trucks, planes, trains and ships to avoid putting the entire anti- smog burden on California con- sumers and industries. Under the terms, the EPA must propose a regulation outlining the farm and construction machine standards early next year. "This approach keeps California on a level playing field with na- tional competitors," Dunlap said. Walter Brown of the Engine Manufacturers Assn., a Chicago - based trade group, said the compa- nies welcomed the chance to avoid the usual contentious process of setting government standards. Corporations representing 85% of the market signed the agreement, which will prompt a multimillion - dollar investment in research and development of new engines. "We are optimistic that these standards can be reached and we signed the agreement committing to reaching them," Brown said. "Our customers will have both cleaner engines and engines that can main- tain the fuel economy and good performance that they've come to Oa S expect from diesel engines." gr—et-At �s \�SE�' tq�` qj . LOS ANGELES TIMES DIESEL Continued from A3 The effort is aimed at nitrogen oxides, which react in the air to create the urban ozone that is the predominant gas in smog, and par- ticulates, the fine pieces of soot that stain the air. About 90 million Americans breathe unhealthful levels of the pollutants. Tractors, graders, combines, cranes, forklifts, compressors and other "non- road" diesel equipment, on an individual basis, are far dirtier than most cars. Nationwide, the engines put out 2 million tons of nitrogen oxides per year— almost half as much-as all the automobiles in the country, said lion Kopinski, the EPA's program manager for non -road engine standards. tesels have been difficult to clean up because the high temperature needed for combus- tion of the fuel creates favorable conditions for producing the nitro- gen fumes. Reducing temperatures can lower the nitrogen but it increases soot, so the manufac- turers have to find ways to balance the temperature, pressure, timing and air content when fuel is in- jected into the engine. An initial, less stringent phase of EPA standards had already begun to kick in with 1996 models of the largest diesel machines. But to comply beginning in 2001, the manufacturers say new en- gines will need an array of internal changes, such as alterations in the pressure and patterns of fuel deliv- ery and redesigning of the combus- tion chamber. Also, high horsepower models such as farm tractors and backhoes will probably need new, sophisti- cated components, such as elec- tronic fuel injectors like those in automobiles, and air - cooling sys- tems for turbochargers. Some new heavy -duty trucks are already be- ing built with similar engine make- overs. Existing machines do not have to be retrofitted, and because they have an average life of 15 years — some as long as 30 years —the clean air benefits of the new en- gines will emerge gradually, reaching a 40% cut in current emissions by 2010, the EPA esti- mates. Farmers, construction firms, golf courses, transportation agencies and others buy about half a million pieces of the equipment each year. EPA officials have not yet done a full cost analysis, but the agency predicts that the price of each new high horsepower machine will rise "in the low hundreds" of dollars beginning in 2001, Kopinski said. The manufacturers, however, declined to estimate the costs. They say they are working to ensure that the new diesels will be attractive to customers. "We do know, as an industry, we'll be spending millions of dol- lars, investing it in research and development programs and tooling to develop these new engines," Brown said. "Our role is to produce engines that people will buy and that are cleaner, and we feel both responsibilities. If nobody buys them, it doesn't do the environ- ment any good." Air Pollution Estimates Called Flawed ■ Smog: Industrial emission calculations used in crucial policy decisions are often wildly inaccurate, a USC study says. By MARLA CONE 4 9 9 Z TIMES ENVIRONMENTAL WRITER Oil refineries and other large indus- trial polluters are making major errors in estimating their emissions, which means air quality officials are basing critical smog- fighting decisions on "outdated, incomplete or inaccurate" numbers, according to a University of Southern California study. USC environmental engineer Ronald Henry, who led a study of Houston petrochemical industries published re- cently in the Proceedings of the Na- tional Academy of Sciences, said pollu- tion rates reported by companies are "egregiously wrong' with "enormous variations between what we thought should be (in the airl and what we actually saw there." The primary problem, said Henry, is that oil refineries and other large indus- tries calculate the tons of pollutants they release using complex mathemati- cal formulas and occasional checks for leaks in some of their equipment. If they instead performed comprehensive test- ing of the air around their plants, the pollution inventories would be far more precise, he said. Since inventories are conducted in similar ways nationwide, Henry sus- pects reports from California companies also are probably failing to portray reality. The accuracy of these inventories is vital to the Los Angeles region's multi- billion- dollar efforts to clean up smog. The South Coast Air Quality Manage- ment District plugs the numbers into computer models that simulate future air quality and gauge how far rules must go to ensure that residents breathe healthful air. "We're really in fantasyland right now when it comes to this stuff," Henry said. "We've been lucky so far [in cleaning up smog[, but we're at the point now where our luck has probably run out and we need to pay attention to these issues we have swept under the rug.' For six months, the research team collected automated, hourly measure- ments of 54 volatile organic compounds, or hydrocarbons, in Houston's Ship Channel, a massive complex of oil refineries and chemical plants. The Please see AIR, A14 Continued from A3 detected fumes were then com- pared to the reports the companies filed with the state of Texas. The quantity, as well as the chemical composition, rarely matched —the amount of real emissions was as much as hundreds of times more or less than the companies reported, Henry said. Although Henry believes some miscalculations may be deliberate, he thinks most are unintentional. In fact, some Houston refineries reported polluting more than they actually are. One reported that it was a major source of a pollutant even though the researchers found no trace even when the refinery operated at full capacity. "There is no pattern of wide- spread misrepresentation," he said. "It's a matter of people working with a system that is broken." Southern California oil refinery managers said they believe their reporting is accurate and they go to great lengths to verify it. "We have a great deal of confi- dence in our testing program and in . the reporting that we do to the (AQMDI. We feet it is very accu- rate," said Carolyn Keith, a spokeswoman at Mobil's refinery in Torrance. "And the AQMD doesn't assume that your monitoring pro- gram is going along on its own accurately. They do unannounced visits where they make sure the reporting is accurate." Glenn Sparks, Mobil's environ- mental program supervisor, said the Houston data is probably not relevant to the Los Angeles area, where industries face the nation's toughest pollution rules. Under AQMD rules, each refinery must regularly inspect parts of its opera- ; tion for fumes, especially thou- ' sands of valves and other pipeline' components that can leak. "We monitor about 140,000 points at this refinery on a quar- terly basis." he said. "We have about 11 people working full time, just monitoring those particular points." In addition, storage tanks are inspected yearly and sewer sys- tems are checked for fumes. Henry acknowledges that Los Angeles area refineries have the best pollution controls in the na- tion, but he suspects that the occasional inspections do not en- sure that the inventories are accu- rate. Flawed formulas, unnoticed leaks or out -of -date data could be at fault, and Henry said full -scale measuring of the air around the plants —as he did in Houston — should be required as a "reality check." "In spite of the best efforts of government and industry," the study says, "the emissions from refineries and chemical plants are notoriously hard to determine." The Houston study, commis- sioned by the state of Texas, says the "severe inconsistencies" in [ company reports "can severely impact" the models that decision - makers rely on to draft battle plans for combating smog. If industrial emissions are underestimated here, the Los An- geles region may not reach health. standards for ozone, the main in- gredient of smog, by 2010 as re- quired under federal law. If they are overestimated, costly rules can be enacted with little benefit. The AQMD has already come under fire for its computer model- ing of smog. Last fall, the agency's scientific advisors resigned, and one of their main complaints was that AQMD staffers had altered pollution estimates without inde- pendent analysis. The agency's more optimistic predictions al- lowed several dozen proposed i measures targeting businesses to be dropped. The AQMD relies on about 3,800 companies in Los Angeles, Orange, Riverside and San Bernardino counties to self- report their annual emissions. Spokesman Bill Kelly said the agency has no plans to alter its requirements or study whether the reported inaccuracies in Houston reflect what occurs in the Los Angeles area. Kelly said "it's hard to believe" that the emission estimates used by the AQMD could be off by orders of magnitude. In the Los Angeles Basin, such a large discrepancy at oil refineries would amount to hundreds of tons of hydrocarbons daily. "We believe the method we have is reasonably good, although there's always going to be some imprecision," he said. // O o .., / Air in part of county'a It assault' By City News Service Southeast Los Angeles residents may be breathing air pollution that far exceeds state health standards — up to 70 times safe levels, according to a report presented to the AQMD Friday. "The results of the study are quite disturb- ing," Carlos Porras, head of the advocacy group Communities For A Better Environment, said According to the report, "Holding Our Breath — Environmental Injustice Exposed in Southeast Los Angeles," pollution is worse in southeast Los Angeles because of smoke- stack industries and pollution from Los Ange- les International Airport. CBE urged the AQMD to step up pollution regulations at LAX. "We are seeing whole communities bom- barded by a wide range of pollutants and no willingness on the part of the AQMD to con- sider the cumulative effects of this toxic as- year," he said. sault," Porras said A key issue will be whether to lower the Bill Kelly of the AQMD said the agency is threshold for cancer risks, on which emis- developing a "cumulative risk standard" sions standards are based. "We obviously think there may be some Researcher Shipra Bansal spent three years merit to concerns that there are these toxic on the CBE study. 'hot spots' that exist," he said. Most residents in the study area are Latino "We're going to examine the report. And we, and have a per capita income that is 45 per- , have said that in the fall, we're going tq cent of the county average, she said. consider essentially setting a cumulative risk The study dubbed a highly industrialized standard, which is what they're seeking." section of Huntington Park "Asthmatown." Kelly said the AQMD is waiting to analyze "Some 'Asthmatown' residents are being ex- data from its 'own pollution studies in 14 posed to levels of respiratory irritants that neighborhoods. With those results, the region- are more than 70 times the level considered al air quality board will consider amend- safe by (the) . California Environmental Pro - ments to Rule'. 1402, which sets health stan- . t on Agency," Bansal said. dards for facilities that emit toxic air. It is an issue of "environmental justice," "If there is 'a need for a cumulative risk. Porras said, referring to a concept based on standard; we would develop that standard findings that poor minority neighborhoods and then present it to the board (early) next u e more polluted. 0 Pollution Link to SIDS Is Probed ■ Health: Government research indicates that tiny particulates may contribute to deadly syndrome. Babies in highly polluted regions could be at greater risk. By MARLA CONE 1 TIMES ENVIRONMENTAL WRITER New government research shows that tiny particles of air pollution may contribute to sudden infant death syndrome —a finding that an environmental group said Thursday points toward dirty air as an explanation for 45 infant deaths in parts of Southern California. For several years, scientists have known that more adults die from cardiac and respiratory ail- ments on days when particulates — microscopic pieces of carbon soot, sulfur and other pollutants —in- crease. But the new study, conducted by federal government researchers and published last week in a Na- tional Institutes of Health journal, is the first to find that the rate of infant mortality also seems to in- crease as particle pollution rises. The study found that babies in highly polluted areas were 26% more likely to die of SIDS than those who live in cities with cleaner air. Extrapolating from that data, two advocacy groups, the Environ- mental Working Group and Physi- cians for Social Responsibility, es- timated Thursday that particulates could be responsible for 500 cases of SIDS nationwide each year, including 45 in Los Angeles, Orange and Riverside counties. The estimated number of deaths in Southern California was the highest in the country, reflecting the fact that the Los Angeles Basin, especially around Riverside, has the nation's highest concentra- tions of particulates, largely due to emissions from cars and trucks. Medical experts do not know how or why particles seem to increase deaths among people with respira- tory or heart diseases —some sus- pect that the particles may irritate nerves that control the heart. The report is certain to add to a major controversy over the health effects of particulate pollution. That controversy is at the center of the debate over controversial standards the Clinton administra- Please see POLLUTION, AID Continued from A3 tion is about to adopt that would limit the amount of ultra -fine par- ticles allowable in the air. Under those tougher standards, about 167 counties nationwide, including most of Southern California, would have air deemed unhealthful and would face potentially costly new cleanup bills. The new study has several limi- tations. Most important, the study, which reviewed health records of nearly 4 million babies born in the United States between 1989 and 1991, excluded babies in California and New York because those states do not track critical data concern- ing smoking by the parents —a known risk factor for SIDS. Ronald Harper, a UCLA neuro- physiologist who specializes in SIDS, said the study could be pinpointing a previously undis- closed factor in the unexplained sudden deaths of babies while they sleep. But Harper and other ex- perts remain skeptical because of the limitations of such studies that try to track environmental influ- ences on disease. "This is an important first study but it is a mistake to say air pollution causes SIPS because the mechanisms involved are far more Involved than just air pollution," Harper said. "These authors have pointed out an important environ- mental stressor, and this stressor along with important other issues, such as prenatal factors, may con- tribute to SIDS." More than 3,800 infants in the United States died of SIDS in 1994. Doctors suspect that the babies' heart and respiratory rates slow and their blood pressure drops as they sleep. The federal scientists, led by U.S. Environmental Protection Agency epidemiologist Tracey Woodruff, discovered that in cities with low particulate pollution, 1 of every 1,000 babies died of SIDS, compared with 1.13 in cities with medium pollution and 1.26 in highly polluted cities, according to the article published in Environ- mental Health Perspectives. he researchers found that ba- bies in the highly polluted cities were 10% more likely to die of SIDS even when differences in birth weight, race, smoking by the mother during pregnancy and tem- perature —all factors that contrib- ute to SIDS —were factored out. The study did not attempt to dis- tinguish between babies who slept on their stomachs and those who slept in other positions. Some experts question how in- fants who spend most of their time indoors could be injured by outdoor pollution. California researchers, however, have found high particu- late levels indoors. But Harper noted that other factors, such as income of the families, could play a role in the higher death rates found in the Polluted cities. "It could be due to some other factor in the people who live in these cities," he said. While the environment after birth can be an important con- tributor to SIDS, the infant deaths often are related to what happens while the baby is in the womb — such as cigarette smoking by the mother or abnormal cardiovascular development, Harper said. Deaths from SIDS have declined 30% over the past few years be- cause doctors now tell parents that infants should not sleep on their stomachs or on soft bedding. Ba- bies also are at higher risk of SIDS if exposed to secondhand smoke or if their mothers smoked while pregnant. The Environmental Working Group used the risk rate from the study to extrapolate the city -by- city number of annual SIDS deaths that might be tied to pollution. Because of its severe pollution and large population, the Los Angeles - Orange- Riverside counties area ranked first with 45, followed by the New York City metropolitan area with 29 and the Chicago area with 27. 4 •O 6 `b a Air Pollution in the U.S. SOURCI: Environmental Protecvon Agency. Map shows where air concenrrenons of sulfur dioxide, paroculates. carbon monoxide, lead. ozone and rrregen dioxide exceeded EPA standards during September 1996. The r. coh snows the emissions of the first four pius nitrogen oxiees ar.c volatile organs compounds. he worst air pollution disaster ever recorded was in De- cember 1952, when a temperature inversion trapped soot, sulfur dioxide and other noxious gases over London, killing 4,000. Nothing as dramatic has ever happened in a U.S. -;ty, nor is it likely to, thanks largely to the efforts of the Envi- )mental Protection Agency and various state agencies. Still, it is likely that thousands of Americans die prematurely every year because of air pollution. The EPA has focused on air concentrations of six pollutants: ozone, nitrogen dioxide, sulfur dioxide, carbon monoxide, particulates (soot) and lead. (The concern here is ground -lev- el ozone, not ozone in the stratosphere, which blocks ultraviolet rays.) The first five adversely affect lung function, exacerbat- ing problems such as asthma. In addition, carbon monoxide, sulfur dioxide and particulates contribute to cardiovascular disease; the last also promotes lung cancer. Lead causes men- tal retardation in children and high blood pressure in adults. Nitrogen oxides and sulfur dioxide are the principal contribu- tors to acid rain, and ozone damages crops and trees. For each pollutant, the EPA has designated a maximum air concentration compatible with good health. The map shows areas where concentrations of the six pollutants were above the maximum in September 1996, a fairly typical period. Southern California has long had the biggest problems, with Los Angeles, for example, having 103 days during 1995 in V� ZZ100 �o J C) 0 O CL = N O 10 Z Z Q � J C�C J G 1 Ii ' 1900 1920 1940 1960 1980 20c" YEAR SULFUR DIOXIDE U FAH I ILULAI t5 ® CARSON MONOXIDE ® LEAD ❑ OZONE NITROGEN ® DIOXIDE o NITROGEN OXIDES VOLATILE O.RCA.N!C COMPCUNDS I which one or more pollutants exceeded the standard. Still this level marks an improvement over the 239 days recorded in 1988. In contrast, no metropolitan area east of the Missis- sippi registered more than 19 days above the maximum, ana almost half registered two days or fewer. Over the past de- cade or so, air quality in the East has improved, but ozone ane several other pollutants remain substantial problems in many areas. Stringent new standards for ozone and particulates proposed by the EPA for adoption later this year woulc result in many new areas failing to comply. These areas are mostly east of the Mississippi, with the East North Central and Midd!e Atlantic states, the Carolinas, Tennessee and Kentucky being particularly affected. The graph shows the dramatic fall in lead emissions since 1970, which stems from the elimination of leaded gasoline. Emissions of the other pollutants, with the exception of nitro- gen oxides, have been on a downward trend since the early 1970s. Air concentrations of the six pollutants are also head- ing down, except for ozone, which is rising. Ozone, now the most widespread air pollutant, is not emitted directly but emerges from the interaction of other gases, notably nitrogen dioxide and volatile organic compounds. In 1995, 47 percent of emissions of the six pollutants came from transportation, mostly motor vehicles; another 26 percent was of industrial origin. — Rodger Doyle Neivs and Analvsrs SCIENTIFIC AMERICAN April I' Grit in L.A. Air" `- Blamed in 69000 Deaths Yearli Y 'ge By MARLA CONE TIMES ENVIRONMENTAL WRITER Nearly 6.000 residents of Greater Los Angeles, and 64,000 people in major American cities, may bel... dying annually from lung or heart problems aggravated by breathing the gritty air pollution known as ' particulates, according to a study released Wednesday by a national environmental group. The microscopic particles are j considered by health experts to be the deadliest air pollutant, yet this is the first time that anyone has tried to quantify the threat nation- ally and from city to city. In 239 U.S. metropolitan areas, the Natural Resources Defense Council says cardiopulmonary, deaths from particulates exceed the toll from auto accidents, as well as from AIDS and breast cancer combined. The group used Harvard and American Cancer Society re- search and Environmental Protec- tion Agency pollution data to make its estimate. The tiny pieces of pollution, spewed from diesel trucks, cars, dusty roads, power plants and an array of other sources, are small enough to lodge in lungs and aggravate respiratory and heart disease. They also are responsible for the dirty, opaque haze that often blankets the Los Angeles Basin. Scientists unassociated with the group's project commended the death calculations as reasonable, even conservative, based on their own research. "They used assumptions that would not give them extreme highs. In fact, they used ones that would maybe bias it a little down- ward," said C. Arden Pope, a Brigham Young University epi- demiologist who co- authored the Harvard studies and others that found particulate pollution in- creases premature deaths. "These numbers seem to be a fairly rea- sonable, literal interpretation of the science as it exists today." In recent research led by the Harvard School of Public Health, Pope and other scientists concluded after tracking the health of thou- sands of people in six cities that particulates shorten lives by one to three years. The biggest risk is faced by. the elderly and people afflicted with asthma, angina, pneumonia or other lung and heart ailments. Six California urban areas topped the nation in the death rate per capita blamed on particulates in the study released Wednesday. The worst was the Visalia area and the Riverside -San Bernardino re- gion, which have the nation's most severe concentrations of the pollu- tion, trailed closely by Bakersfield, Fresno, Stockton and the Los An- geles -Long Beach metropolitan area. And in total numbers of deaths linked to particulates, the Los An- geles -Long Beach area led the nation, followed by New York, Chicago and Philadelphia. The Anaheim -Santa Ana metropolitan area, San Diego and San Francisco were not far behind. aking the most conservative fatality rate found in the Har- vard- American Cancer Society study, the environmental group blamed the pollutant for 6.5% of the 980,000 annual deaths from pulmonary and heart ailments in the studied cities. The percentage varied from city to city based on their air quality. Los Angeles was assigned a much higher rate -17% of cardiopulmonary deaths linked to the pollution. Pope tailed the death toll esti- mates "quite large" compared to other health threats. The mortality estimated from particulates in greater Los Angeles is four times the number who died from auto • accidents. Nationally, about 54,000 people die annually in traffic wrecks. "Over 64,000 [annual deaths; for these metropolitan areas —that is really quite substantial, especially for something as nonvoluntary as [breathing] air pollution," Pope said. *The study comes as the Clinton administration is debating how to revise the EPA's nine - year -old health standard for particulates, and as the Los Angeles region's air board contemplates new efforts for cleaning up the pollution. Several recent scientific studies, especially the Harvard work, have indicated that the EPA's current standard is not stringent enough to safeguard public health. The EPA faces a court order to revise it by January. "Clearly, current health stand- , ards are not protecting thousands of ' people from the deadly conse- quences of particulate air pollu- tion," said Deborah Sheiman Shprentz, author of the Natural Resources Defense Council report. "The single most important public health decision facing EPA this year is whether to establish new air quality standards for fine particles." Mary Nichols, assistant admin- istrator of the EPA, said the agency later this year will propose new limits that will probably focus on ultra -fine particles. Particles smaller than 2.5 microns, a fraction of the diameter of a human hair, are the most hazardous and come mostly from cars and trucks and other equipment burning fossil fuels. The environmental group said 5,000 to 38,000 deaths per year could be prevented by the changes the EPA is considering, depending on how tough a standard the agency chooses. The issge is con- troversial because of the economic impact of tough cleanup measures, especially for diesel trucks, cars, coal - burning power plants and factories. Particulate pollution in Los An- geles, Orange, Riverside and San Bernardino counties has remained about the same or declined slightly in the past 10 years, despite efforts to clean up the air, according to data from the South Coast Air Quality Management District. This summer, the AQMD is ex- pected to unveil a decade -long strategy for reducing the particles in the four - county region to achieve the health standard. It will trigger a new emphasis in Califor- nia pollution control that moves beyond the traditional attack on ozone, the main ingredient of smog. Techniques used by the environ- mental group were reviewed by several scientists, including Har- vard researcher Joel Schwartz and Bailus Walker, a Howard Univer- sity professor of environmental medicine. Walker said NRDC "chose the best available scientific methods.... Here there is little about which to quibble." Health experts are puzzled as to why death rates apparently go up with airborne levels of the smallest particulates. They suspect it adds an additional stress to lungs and hearts that are already compro- mised. However, the culprit might not be the particles themselves, but something they carry deep into the lungs, such as toxic chemicals. Still, Pope and Harvard epi- demiologist D.W. Dockery re- ported in 1994 that there is little doubt that the particles do increase premature deaths in a substantial amount. "Air pollution isn't as bad as cigarette smoking, but it's the same kind of thing," Pope said. "It's simply not good for your lungs to breathe this stuff and over long enough periods of time, for many people, it has substantial conse- quences, and that's what this study suggests." A?,$ THURSDAY, MAY 9, 1996 * 'Death in the Air Agency's Study Tighter Control i KEN LUBAS /Los Angeles 'Mmes A gardener works in shadow of Griffith Park Observatory with the downtown skyline barely visible through a layer of smog. A new study estimates that about 64,000 people in 239 U.S. metropolitan areas are dying annually from breathing particulates, considered the most deadly form of air pollution. Here are the top cities and their estimated particulate- related death tolls: AREA ANNUALDEATHS • Los Angeles -Long Beach ........ ..........................5,873 • New York ..................... ..........................4,024 • Chicago ................. ............................... 3,479 • Philadelphia ................... ..........................2,599 • Detroit ................................................. 2.123 • Riverside -San Bernardino .. ............................... 1,905 • San Francisco- Oakland .... ............................... 1,270 • Pittsburgh ............... ............................... 1,216 • St. Louis ................ ............................... 1,195 • Cleveland ..................... ..........................1,161 • Phoenix ................. ............................... 1.110 • Anaheim -Santa Ana ............ ..........................1,053 • San Diego ................. ............................... 999 Source: Natural Resources Defense council The Environment Agency, in a bid to reduce air pollu- tion in the big cities, has pub. lished a study report calling for tighter restrictions on the level of nitrogen oxide emis- sions from motor vehicles in Tokyo. Osaka and Yoko- hama. The interim report, pre- pared by a group of experts commissioned by the agency, said overall limits should be placed on emissions from trucks and buses used by each factory and business es- tablishment in the three ci- ties. It also proposed measures to restrict the types of trucks and buses that can be used in these areas. For example, the use of smaller diesel cars would be prohibited. The agency said these and other proposals would be im- plemented "as soon as possi- ble" after agreement is Report Calls for on NOx Emissions C b�4t*4SON 8Jf l reached among the govern- ment departments and indus- tries concerned. Nitrogen oxides (NOx) re- main a major cause of air pollution in the urban cen- ters, although restrictions have been tightened several times since the early 1970s. These pollutants are dis- charged from two major sources — factories and other facilities using fossil fuel. and motor vehicles. Emissions levels at facto- ries and business establish- ments in the three cities, which were restricted begin- ning in 1981, have been re- duced anywhere between 44 percent and 55 percent over the past eight years, accord- ing to the agency. Amounts of NOx dis- charged by cars have also been slashed markedly, by 58 -92 percent. Emissions controls on each car are to be further tightened on the basis of recommendations made by a government council last December. Still, levels of NOx pollu- tion in the three areas will have to be reduced by an ad- ditional 30 -40 percent in or- der to meet the standards, the agency said. This is be- cause the number of cars, particularly high - pollution diesel cars, is expected to in- crease. The report calls for putting caps on the level of emissions at each factory and business establishment using trucks and buses. Tight restrictions are already in force for pas- senger cars.