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1999 MAY 04 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, ifdesned Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting 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, dyou need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 4,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 El Segundo v Kilroy, LASC Case No YC 031166 2 Chaney v City of El Segundo, LASC Case No BC 207453 01 Stier v City of El Segundo, LASC Case No YC 034617 El Segundo v Stardust, LASC Case No YC 031364 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Imtation of litigation pursuant to Gov't Code §54956.9(c) -S- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — None WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE VaIT TIME NAME 0i04995p 02 { .q AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council andfor 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) inmates 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 in 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, MAY 4,1999 - 7:00 P.M. Next Resolution # 4113 Next Ordinance # 1308 CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell PRESENTATIONS (a) Proclamation declaring the week of May 16 -May 22, 1999 as National Public Works Week and recognizing the contributions that public works officials make every day to our health, safety and comfort 03 (b) Proclamation declaring Saturday, May 8, 1999 as El Segundo Fare Service Day and encourage all citizens to visit Headquarters Fire Station #1 for a Pancake Breakfast, sponsored by the El Segundo Firefighters' Association and Big John's Village Coffee Shop, between 9 00 a.m and 11.00 a m., and its Open House, from 9 00 a m to 1.00 p in (c) Proclamation declaring the month of May, 1999 as Older Americans Month and Loretta Frye as the 1999 El Segundo Senior Citizen of the Year, and encouraging all residents to participate in the Elderfest Celebration on May 15, 1999, honoring Loretta Frye and other senior citizens who have given generously of their time and talent to improve the quality of life for all (d) Proclamation declaring May 7, 1999 as Police Officers Memorial Day and the week of May 9 -15, 1999 as POLICE WEEK in the City of El Segundo (e) Proclamation welcoming to El Segundo from our Sister City, Guaymas, Sonora, Mexico, Fray No Toneck, Brother of the Franciscan Order, and the Young Manachi Guadalupano group and encouraging the community to attend our Cinco de Mayo Family Fiesta on Wednesday, May 5, 1999 from 5 00 -8 00 p in at Chevron Park 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 ofanother, 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 iuisdemeanor and punishable by a fine of $250 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS 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 Thursdays from 3:00 p.m. to 7:00 p.m. on Main Street in front of City Hall. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Announcement of apnomtments of Councilmembers to various committees Recommendation — Receive and file. di 04 Establishment of a professional service contract with EIP Associates The amount to be paid to the Consultant under this agreement is forty -four thousand, nine hundred thirty -three dollars and zero cents ($44,933 00), and, therefore, requires City Council review and approval rEA -4811 Recommendation — 1) Discussion; 2) Approve a professional services contract with EIP Associates (et al.) to assist Staff with the preparation of the Downtown Specific Plan; and /or, 3) Other possible action /direction. D. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2502315- 2502602 in total amount of $668,032.29, and Wire Transfers in the amount of $256,708 20 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 04/14/99 to 04/27/99. City Council meeting minutes of April 20, 1999 Recommendation - Approval. Authorize changing the current "No Parking At Any Time" restriction for Nash Street between Rosecrans Avenue and Park Place to "No Stopping — Tow Away." Recommendation — Adopt resolution. 7 Acceptance of the Re- roofing of the Joslyn Community Center — Project No PW 98 -7 (final contract amount = $51,361) Recommendation — 1) Accept the work as complete. 2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. Award the lease of 500 acre -feet of adjudicated groundwater rights to the City of Inglewood (fiscal impact $35,000 of revenue to the Water Fund) Recommendation — 1) Authorize the Mayor to execute the lease agreement. 2) Authorize the Public Works Director to negotiate with any interested party for the remainder of this year's water rights. 9 Public narking lot at the southwest corner of Main Street and Mannosa Avenue Recommendation — Authorize staff to designate 4 stalls at the southeast corner of the parking lot for 2 -hour parking. 09 10 Ratification of existing "Hardware and Software Maintenance and Support Services" contract with Innovative Interfaces Inc. (Fiscal Impact: $22.572, budgeted item). Recommendation — Approve the existing "Hardware and Software Maintenance and Support Services" contract with Innovative Interfaces Inc. 11 Intrafund Transfer of $25,000 within the Wastewater Operating Budget for the purpose of purchasing an additional sewer bwass pump and associated fittings Recommendation — Approve the transfer. 12 Examination Plan for the Personnel Merit System job classification of Disaster Preparedness Coordinator Recommendation — Approve the Examination Plan. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 13 Request to increase the Professional/Technical Specialist (adopted) City Budget account No 3301 -6214 by an additional $125,000, to total $258,500 for the current (1998 -99) fiscal year Recommendation — City Council approval for the additional fund total. 14 New Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer and wine (Type 41 — On -Sale Beer & Wine Eating Place) at a proposed restaurant, Indian Summer, to be located at 219 Main Street (ABC 99 -2) Applicant- Bhupmder Dhahwal PYODertv Owner Tnangle Investment GroUD Recommendation — Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at the new Indian Summer Restaurant. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE t. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines — 15 Request to appoint a new City Commission entitled "THE LAX MASTER PLAN ADVISORY COMMISSION " Recommendation - Discussion and possible action. Councilmember Wernick - NONE 06 Mayor Pro Tem Jacobs - NONE Mayor Gordon — 16 Report on Downtown Projects PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on beha[fofanmher, and employees speaking on behalfof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor 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 §Leq ) for the purposes of confemng with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel); and/or confemng with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5.00 p in , May 4, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED / DATE 41a 4/9 TIME NAME 050499ag 07 EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: FISCAL IMPACT $16,140 Proposal to fund and operate a Certified Farmers' Market in the City of El Segundo Approve the funding and operation of an El Segundo Certified Farmer's Market on Thursdays from 3 00 to 7 00 p m on Main Street in front of City Hall u.ITOnnl A un n A nvr_nni Min. 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 ments 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 Farmers 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 08 1 ORIGINATED BY: Dtrec or of Recreation and Parks i, Director of Economic 990504 UB -mkt DATE: April 27, 1999 t 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 COPYING CHARGES 500 PERMITS AND CERTIFICATIONS 1,000 MILEAGE. 200 MARKET CONSULTANT.. 3.000 TOTAL $16,140 Certified Fanners IN 1308 Factory Place, Unit 68, I= 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 Mitch 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. 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. •• � I1 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 iha 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 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, and 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 daytime market on a weekday. Working eight hours, the average person is home from their commute between 4:00 and 5:00 pm. 12 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 convenjenc 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. Much s, 1999 Mark Wall Southland Farmers' Market Association 1308 Factory Place, Unit 68, Los Angeles, California 90013 fax 213- 2449180 Phone (213) 2449190 13 Announcement of appointments of Councilmembers to vanous committees Recommendation — Receive and tile. 14 ^ EL SEGUNDO CITY COUNCIL MEETING DATE. 04 May 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards, and Commissions Establishment of a professional service contract with EIP Associates The amount to be paid to the Consultant under this agreement is forty -four thousand, nine hundred thirty -three dollars and zero cents ($44,933 00), and, therefore requires City Council review and approval [EA -481] RECOMMENDED COUNCIL ACTION: 1) Discussion, 2) Approve a professional services contract with EIP Associates (et al) to assist Staff with the preparation of the Downtown Specific Plan, and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: In December 1998, the City Council directed Staff to distribute a Request for Proposals (RFP) for assistance to Planning and Building Safety Department Staff in the preparation of the City's "Downtown Specific Plan" Subsequent to its circulation, and a "pre - submittal" conference with interested consultants on 03 March 1999, Staff received nine proposals, five of which were selected by Staff to be further screened The firms selected for interviews were Civic Solutions, Inc, EIP Associates, Forma, Main Street Architects, and, the Urban Design Studio On March 22 "d, Planning and Building Safety Director Bret B Bernard, Economic Development Director Jim Hansen, Public Works Director Eduard Schroder, and Acting Senior Planner Sandra Massa -Lavitt interviewed each of the five selected planning /design consultants Most of the five consultants also brought associated consultants with them, such as fiscal and financial analysts, urban designers, at cetera It was the consensus of the four Staff panelists that EIP Associates and Main Street Architects were clearly the two most qualified, and best suited for the project's and community's needs for assistance in formulating the Downtown Specific Plan Subsequently, Staff further reviewed the project proposals, and reviewed the two consultants' qualifications - including an extensive background check regarding previous, similar project accomplishments Upon completion of this review, Staff met with the City Council's Downtown Projects sub - Committee on 23 April 1999, to discuss the attributes and qualifications of the two 'finalists' DISCUSSION Based upon the information presented, including Staffs assessment, it is the choice of the City Council Downtown sub - Committee that EIP Associates (EIP) be employed to assist Staff in the development of the El Segundo Downtown Specific Plan While both consultant groups are very qualified, primary reasons for selecting EIP, together with its sub - consultants - Gladstein and Associates (G &A), and Keyser Marston Associates (KMA) - is its extensive experience in 'main street' /downtown revitalization, and its pre - existing knowledge of the City of El Segundo (Continued on next page ...) ATTACHED SUPPORTING DOCUMENTS 1) Draft Contract with EIP Associates in the amount of $44,933 00 2) EIP Associates' proposal and work effort/budget FISCAL IMPACT- (Check one) Operating Budget X Capital Improv Budget _ Amount Requested $44.933 00 Project Account Budget $40,000 Project/Account Balance $40,000 Account Number Project Phase N/A Appropriation Required - Yes No X ORIGINATED Data 2R Annl 1000 Mike Gordon, Mayor, and Kelly McDowell, City Councilmember - City Council Downtown Sub - Committee ACTION TAKEN: ^ 15 V{ City Council 04 May 1999 DISCUSSION (Cont) Page 2 EIP has indicated that it will assign Elwood (Woody) C Tescher, AICP, to serve as the overall consultant protect manager to Staff, providing urban planning and design services Mr Tescher is recognized nationally as, perhaps, the preeminent authority in downtown revitalization In addition, he also actively participated last fall in the Downtown (El Segundo) Task Force process G&A will assign Dennis Zane to contribute from his experience in economic development, programming, and other tools for community revitalization Further technical assistance, relative to (potential) financing methods will be provided by James A Rabe of KMA Each of the three identified principal consultants has a depth of professional personnel within their respective firms to support their efforts as needed to compliment City Staff in this important endeavor P \ccmain2 doc 16 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 151 day of June, 1999, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and EIP Assoicates, 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 Including but not limited to a valid El Segundo Business License Consultants shall begin its services under this Agreement on June 1, 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 N SAGREEMNT MST -1- 17 this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written 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 N WGREEMNT MST -2- 0 18. services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall be as set forth in Exhibits B and C hereto and made a part hereof Payments shall be made within thirty (30) days after receipt of each invoice as to all non- disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6 ADDITIONAL SERVICES OF CONSULTANT Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in 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 N W GREEMNT MST -3- 19 furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause by either party upon 30 days written notice In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10 COOPERATION BY CITY All public information, data, reports, records, and N WGREEMNT MST 20 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 in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11 OWNERSHIP OF DOCUMENTS Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12 RELEASE OF INFORMATION /CONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to N XAGREEMNT MST -5- 21 interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to 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 N WGREEMNT MST w1i 22 have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13 DEFAULT In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant 14 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 N WGREEMNT MST —7— c � 7 officials, officers, agents, employees and volunteers (individually and collectively, "Indemmtees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemmtees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemmtees may suffer or incur or to which the Indemmtees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Consultant of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement If any action or proceeding is brought against the Indemmtees by reason of any of the matters against which Consultant has agreed to indemnify the Indemmtees as above provided, Consultant, upon notice from the CITY, shall defend the Indemmtees at Consultant's expense by counsel acceptable to the City The Indemmtees need not have first paid any of the matters as to which the Indemmtees are entitled to indemnity in order to be so indemnified The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement N �AGREEMNT MST -8- „ 24 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 A VII Consultant shall provide the following scope and limits of insurance. broad as (1) Minimum Scope of Insurance Coverage shall be at least as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City N 1AGREEMNT MST 11=11 ~ �J (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the Consultant's profession (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (b) Automobile Liability $1,000,000 per accident for bodily injury and property damage (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and N 1AGREEMNT MST -10- 2G Employers Liability limits of $1,000,000 per accident, occurrence (d) Errors and Omissions Liability $1,000,000 per B Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified 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 N VIGREEMNT MST (b) Consultant's insurance coverage shall be primary -11- 27 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 (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 Liabil ty Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C Other Requirements Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by N VAGREEMNT MST -12- 7 8 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 (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (2) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16 ENTIRE AGREEMENT This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding N VIGREEMNT MST -13- 17 GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 19 MODIFICATION OF AGREEMENT The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 20 AUTHORITY TO EXECUTE The person or persons executing this N 1AGREEMNT MST -19- 30 Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her/their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder. 21 NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows City Attention Bret B. Bernard, AICP Planning and Building Safety Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 390 Facsimile (310) 322 -4167 Consultant Attention Elwood Tescher, AICP EIP Associates 11601 Wilshire Boulevard. Suite 1440 Los Angeles, CA 90025 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 N 1AGREEMNT MST _155 3I States Postal Service 20 SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written M Title CITY OF EL SEGUNDO 0 ATTEST Cindy Mortesen City Clerk N`1AGREEMNT MST -16- APPROVED AS TO FORM: Mark D Hensley City Attorney . 5 5 O GI A T, 5 April 12,1999 Bret Bernard, AICP Director of planning and Budding Safety City of FJ Segundo 350 Main Street El Segundo, California 90245 -0989 Subject: Proposal to Prepare the City of F.1 Segundo Downtown Specific Plan/Budget .. :. . . In response to the request by Sandra Massa- Iavitt, RIP Associates is pleased to submit the attached detailed budget to clarify the information presented in our proposal for the preparation of the City of 0 Segundo Downtown Specific Plan submitted on Match 12, 1999. The elaborated budget indicates the personnel to be assigned, their billing rafts and hours, the cumulative labor cost, and assumptions used in estimating the level of effort for each proposed work task Additionally, anticipated direct costs are listed- Generally, the proposed budget assumes that all product reproducWn. will be the responsbility of the City and that the consultant -Cary tneetmgs will not require research and preparation. We recognize that the collaborative and evoh mg nature of the Specific Plan work program may warrant changes in our proposals work scope including the responslbdihes of the consultant tram, number of mecungs, and specific work products to be prepared in support of City. As such the total budget cost represents a "fixed fee" within which the kvel of effort and hours expended on specific tasks map be varied to reflect specific City and project needs, as mutually atgmed upon by the consultant and staff. Additional work may also be performed at the Citfs direction with appropriate modification of the total budget I trust that this information well help darifp our proposed budget for the Specific Plan work program. We look forward enthusiastically to the opportunity of associating with the City in re- establishing Downtown Fl Segundo as the vital heart of the community. Sincerely, 0 A �« To ... Director of Urba inning and tknign EIP AMCMT13 I1601 WILsom BOULEVARD SUITE 144o Los ADORLRS. CA goozj T.Igl n, ).o z6r -817z fio1w14 po 168 -8175 33 C W O 4 � m w n� �O 4 8W F C = q m W W 34 V la Isle F r n '�c3 g g e F o^ �i�4eb e1 r w M d d r N N N N b g M Tit'( cl M �PCg >aXg .....+ AC$� p p p e «'�i A B K G 6 6 H� n N NB lot s •D .i w .d «a . • F i 6 J 34 r .1 g d gm u p � O CL e� m e"{ W 4 W 35 0 z 3 W 4 W P Q = N 2 � w a w z ma u q3 f O U Oa O O O W W Q U U U p x x x U G U u u� O O O F 0 > > > 2 iv 0 Z o� Zm (� h N O N 1p O� O N OI I� pO OJ m P N ONI I/ w t/WI F � OI n 17 b W m r r 1'I O Y°i1 N OI Iml 1P0 N a W 1 F Ci OI to 17 1° r t� 17 C A m � m F C e A O U m 8 m m Q u = U z O $QU H O 1'L O >1 D y LL Q N W H O W 9 Y 8 m o z co zzz z0 z O Z a� OF m a LL w Z ¢' U z Z m E aF<J UQa LL rr V w W 7» U O 9° E Z W LL UpUpy p Kp p�p g O m U W Z O W u UO 4 U J d 6 N Q N q W> J J N J W `° C C= 9 m �w mzd QZOf.m w°W¢ zaaS m sP °E, EiE6 a LLy Purca ¢j (�]l��.Wi $rwa i w �Z U fwm�w '� `—q° °° c qE L° ° °s_yy m WJ Q r O Q Y Y V a.v� x W J= >N O 9 Q W F > 'n L T @ m FS�LL LL lug f�741�� W ULL ~ x W Zz0 O o rL m z fW avhlv�"�gg a�5 o�ggW lgg"F s�°- g? 1"` °3�Em Vw' yddOV ga i��idA�3c4iw �3al']i 17i � � vc � c @ i $ Y � na s .90 .1 e ry ° E o uU wz° W0 c E z 0 ' m c Q c m ZQ2 U 11E € Z O c O i w m _0 x W q¢ O F U O O �� LL m w W a m x o 0 36 4 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 04114/1999 THROUGH 04127/1999 Date Payee Amount Description 4/14/99 Health Comp 851 16 Weekly eligible claims 4/9 4116199 IRS 163,559 99 Federal Payroll Taxes PR21 4/18/99 Employment Development 30,377 71 State Payroll Taxes PR21 4/20/99 U S Bank 53750 District 73 Adm Charges 4121/99 Fed Reserve Bank of K C 35000 Employee Savings Bonds 4/23/99 Wells Fargo 30,000 00 Golf Course Payroll - TPT 4/23199 Health Comp 1,031 84 Weekly eligible claims 4/16 4/26199 Wells Fargo 30,000 00 Workers Comp Acct DATE OF RATIFICATION: 05/04/99 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by Deputy Treasurer Finance Director City Manager 256,708 20 yla-, j44 Date Y-lz7 r� Date yZ Date 256,708.20 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 37 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20,1999 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE — Councilmember John Gaines 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 behalfof another and employees speaking on behalfof their emplovei, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) I El Segundo v Kilroy, LASC Case No YC 031166 2 Nelson v City of El Segundo, LASC Case No YC 033484 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) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 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 - None ADJOURNMENT at 6 55 p in Cindy Mortesen, City Clerk ` Z� MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 20, 1999 - 7:00 P.M. CALL TO ORDER - Mike Gordon at 7 00 p in INVOCATION - Rev Timothy Schepman, Saint John's Lutheran Church PLEDGE OF ALLEGIANCE - Council Member John Gaines PRESENTATIONS (a) Council Member Wernick presented a proclamation to City Clerk Mortesen 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 in - 400pm ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member McDowell - Present Council Member Gaines - Present Council Member Wernick - 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 Gn Council on behalf of another, and emplovees speaking on behalf of their employer, mist so identify thennelves pnor to addressing the Ctcv Council Failure to do so shall be a misdemeanor and punishable by a fine of 5250 Mayor Gordon requested Council to hold all questions until the end of Public Communications He requested the Clerk to close the microphone when the speaker has reached the five minute time limit Council consensus Charles DeDeurwaerder, resident, spoke regarding clean air and the effects of the airport and large trucks on the quality of the air we breath MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 1 39 Loretta Frye, resident, spoke regarding clean air Also stated she was speaking on behalf of a group of people who are concerned about the heritage walk stepping stones Asked if there is a contract between the City and the Chamber Liz Garnholtz, resident, spoke regarding the Coastal Commission meeting she attended in Long Beach She stated she made the Commission aware of the tank farm proposed for the dunes She also commented on an article in the Herald Spoke regarding the proposed water well, and about contract amendments to existing Professional Services Agreements for the Planning & Building Safety Department Sandra Mason, resident, spoke regarding the proposed Alcoholic Beverage Control License and the crime in the area of the proposed Mobil convenience market Angelica Kane of the Tree Muskateers spoke regarding Earth Day and the celebration the Tree Muskateers are planning Invited Council and the public to attend Peggy Tyrell, resident, spoke regarding the status of monies allocated for the AQMD study (a) Joe Harding, Leadership El Segundo Class of 1997 -1998, requested 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 Bill Mason, President Chamber of Commerce, stated that the Chamber is in support of the Leadership El Segundo beautification project The following residents also spoke in support of the Leadership El Segundo Class of 1997 -1998 beautification project Terry Cerreto Gail Church Greg Parker Luke Walker Lisa Grant Walt Schumacher Joan Parker Marian Arnold, Steve Brouchard (b) Mr Ramos, St Anthony's Church Hispanic Council, requested City Council approval of a charity fundraising permit in connection with a one -day Cmco de Mayo celebration to be held on Saturday, May 2, 1999, from 9 00 a m to 8 00 MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 2 10 p m at the Parish Hall MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wermck to approve a charity fundraising permit in connection with a one -day Cmco 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 provided the City is named an additional insured on the liability insurance policy for this public charitable event MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Regarding the issue of air quality, Mayor Gordon stated that AQMD testing would be done in El Segundo It may involve some legal issues and is being discussed in City Council Closed Session The funds allocated for AQMD testing were also discussed Council consensus to support the concept of Leadership El Segundo's beautification project to place the name "El Segundo" in brush script on the slope between Imperial Highway and Imperial Avenue near Sheldon Street and directed Leadership El Segundo to begin fundraising Before final Council approval is given, Leadership El Segundo must demonstrate ability to raise the large amount of funding needed, and staff to provide additional information on project schedule, long term maintenance, funding, water issues, liability, etc Also, to investigate the feasibility of using vegetation instead of aluminum for lettering and the impact on upkeep A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Gaines, SECONDED by Council Member McDowell to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 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. MINUTES CITY COUNCIL REGULAR MEETING APRIL 20. 1999,7 00 P M PAGE NO 3 4' r MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve continuation to September 30, 2000, Contract No 2636, Hotline answering service with AAM Communications, from 5.00 p in to 8 00 a in , Monday through Friday and 24 hours a day on weekends and holidays, at an estimated cost of $4,800 00 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 2 El Segundo Community Cable Advisory Committee request for funds to conduct local cable phone survey Request appropriation of $4,650 Mayor Gordon abstained from the discussion and action Pat Hart, Chair, El Segundo Community Cable Advisory Committee, gave a brief report MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve funds in the amount of $4,650 for a vendor to conduct a random survey in El Segundo to gather statistical information regarding local cable programming and service Staff directed to look for funding within the budget MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR GORDON NOT PARTICIPATING BECAUSE OF POTENTIAL CONFLICT OF INTEREST. 3 Water Subcommittee report by Mr Mike Rudinica, of Robert Bein, William Frost & Associates (RBF) concerning findings of City water well investigation Item held for presentation later in the meeting. 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 Approval of Warrant Numbers 2502072- 2502314 in total amount of $780,107 57, and Wire Transfers in the amount of $230,259 97 5 Approval of City Council meeting minutes of April 6, 1999 6 Approval of change to returned checks policy to charge $25.00 for check returned for non - sufficient funds as present $10.00 charge does not cover cost MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 4 4^ L 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 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 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK Award of Contract No 2692 for playground upgrades at Recreation Park and Acacia Park - Project No 97 -30 (contract amount - $33,023 00) Authorize 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 Authorize Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney 10 Approval of Agreement No 2691 for Professional Services between Prosum, Inc and the City of El Segundo to provide technical assistance for the City's computer and networking systems 11 Approval of the revisions to the class specification for the Job classification of Disaster Preparedness Coordinator 12 Authorize the Finance Department to issue Request for Proposals (RFPs) for the City's financial audit 13 Approval 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) MOVED by Mayor ProTem Jacobs SECONDED by Council Member Gaines to approve all Consent agenda items except number 8 MOTION PASSED BY UNANAIMOUS VOICE VOTE. 510. CALL ITEMS FROM CONSENT AGENDA Approval of three separate contract amendments to existing Professional Services Agreements between the City of El Segundo and Hannah Brondial- Bowen Associates, Contract No 2666, Wildan Associates, Contract No 2669, and Tina Gall Associates, Contract No 2523, respectively, to continue existing contract planning support services to the Planning Division of the Planning and MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 5 43 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 Wtldan Associates, and $16,000 for Ms Gall, through the current (1998 -99) Fiscal Year ending September 30, 1999 Authorize Mayor to execute each contract amendment on behalf of the City MOVED by Council Member Wermck, SECONDED by Mayor Pro Tent Jacobs to approve three separate contract amendments to existing Professional Services Agreements between the City of El Segundo and Hannah Brondial- Bowen Associates, Contract No 2666, Wildan Associates, Contract No 2669, and Tina Gall Associates, Contract No 2523, 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 Brondtal- Bowen, $130,000 for Wtldan Associates, and $16,000 for Ms Gall, through the current (1998 -99) Fiscal Year ending September 30, 1999 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 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 Mayor ProTem Jacobs not participating on this item because of a potential conflict of interest. Jim Hansen, Director of Economic Development, and Jim Fauk, Director of Recreation and Parks, gave brief staff reports Council consensus to delay this item so it can be publicized and a Task Force can be formed to discuss with local businesses Task Force to report back to Council at the May 4, 1999 meeting Council approved the concept of an El Segundo Certified Farmers' Market to be held on Thursdays from 4 00 to 7,00 p m on Main Street in front of City Hall REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Item held from earlier in the meeting. 3 Water Subcommittee report by Mr Mike Rudmica, of Robert Bem, William Frost & Associates (RBF) concerning findings of City water well investigation MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 6 44 Mike Rudimca, of Robert Bein, William Frost, gave a brief report Consensus of Council to direct staff to review the project and look at financing in the bond market City Manager Mary Strenn was directed to return with information at the May 18, 1999 City Council meeting G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY The Council, in closed session, voted 510 to defend and indemnify Officer C W Smith, Chaney v El Segundo, LASC Case Number VC 0207453 I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS - Council Member McDowell - NONE - Councilmember Gaines - Reported on the Southern California Joint Powers Association meeting He also reported on the FAA meeting and the favorable response he received - Councilmember Wernick - Spoke regarding the Hyperion opening Also spoke on the program, "Children in Crisis" - Mayor Pro Tem Jacobs - Spoke regarding the Cinco de Mayo celebration to be held on May 5, 1999 Also, requested the Traffic Committee investigate marking parking spaces on Mariposa, between Indiana, and Washington, and Indiana, between Mariposa and Holly - Mayor Gordon - Reported on the Southern California Association of Governments (SCAG) meeting and the vote SCAG made to reverse their support of the airport expansion and instead to support El Segundo's view He also reported on SCAG's trip to Sacramento, and the bills that will be introduced in our favor MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 7 4 r 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 Consensus of Council to direct the Planning Commission to consider this item PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the Cuv, Council on behalf of another, and emplovees speaking on behalf of their employer, must so idenitfv themselves prior to addressing the Cav Council Failure to do so shall be a nusdememar and punishable by a fine of $250 Dorothy Kent, resident, spoke regarding the airport sign and the proposed "El Segundo" sign Sandra Mason, resident, spoke regarding the Leadership El Segundo proposal of an El Segundo sign Stated she felt that there were hidden costs Gail Church, resident, spoke regarding the funds spent on "Youths at Risk ", and thanked Council MEMORIALS - a moment of silence was observed in memory of the disaster in Littleton, Colo CLOSED SESSION - None ADJOURNMENT at 9 55 p in to May 4, 1999 at 5.00 p in Cindy Mortesen, City MINUTES CITY COUNCIL REGULAR MEETING APRIL 20, 1999, 7 00 P M PAGE NO 8 A� EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Authorize changing the current "No Parking at Any Time" restriction for Nash Street between Rosecrans Avenue and Park Place to "No Stopping — Tow Away" RECOMMENDED COUNCIL ACTION: Adopt resolution INTRODUCTION AND BACKGROUND: Several projects were recently constructed in the Continental Park area including Pacific Theatres and P F Chang's restaurant One of the conditions of approval for these projects was for the applicant, Continental Development, to perform a circulation and traffic review within 12 months of opening the restaurant so that traffic impacts may be reviewed and mitigated DISCUSSION: Continental Development is currently performing the study and has discussed several traffic related recommendations with the Police Department The study is anticipated to be completed by the end of June 1999 However, the Police Department has requested that one of the preliminary recommendations be implemented prior to completion of the study Currently Nash Street between Rosecrans Avenue and Park Place is posted "No Parking at Any Time" as authorized by Resolution No 4108 The Police Department has reported problems of cars parked on the street while passenger(s) loaded and unloaded causing traffic backups During one three -hour enforcement period, the Police Department issued 15 vehicle citations The Police Department has requested changing the current "No Parking at Any Time" to the more restricted "No Stopping — Tow Away' restriction to alleviate the situation The implementation of this change requires amending the current traffic resolution The Traffic Committee has reviewed the matter and concurs with the Police Department's request Staff recommends City Council adoption of the enclosed resolution, amending Resolution 4108, which has been approved as to form by the City Attorney ATTACHED SUPPORTING DOCUMENTS: 1 Resolution amending Resolution No 4108 2 Location map FISCAL IMPACT: NONE Operating Budget: Capital Improvement Budget- Amount Requested: Project/Account Budget: ProjecUAccount Balance: Date: Account Number: Project Phase: Appropriation Required: N COUNCILVnay4 -01 doe (4/27/99) 47 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLUTION NO. 4108, DELETING SECTION 1 1.105, NO PARKING ANY TIME, AND ADDING SECTIONS 3.1.60 AND 3.1.65, NO STOPPING AT ANY TIME, TOW AWAY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AS FOLLOWS SECTION 1 amended as follows Delete 11105 SECTION 2 Resolution No 4108 shall t •.. Section 1 1 105, No Parking Areas. of Resolution No 4108 shall be NASH STREET Rosecrans Avenue to Park Place Sections 3 1 60 and 3 1 65, No Stopping Tow Away Zones, of ie amended as follows 31 60 NASH STREET Rosecrans Avenue to Park Place 3 1 65 ROSECRANS AVENUE North Side Aviation Boulevard to West City Boundary SECTION 3 The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED this 4th day of May, 1999 Mike Gordon, Mayor RESOLUTION NO AMENDING RESOLUTION NO 4108 DEFINING NO PARKING AREAS PAGE NO 1 m e ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 4`I' day of May, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO F RM Mark D Hensley, City Attorney RESOLUTION NO AMENDING RESOLUTION NO 4108 DEFINING NO PARKING AREAS PAGE NO 2 49 5 rn n z AQ �rn v \\ E � z =O D � A m APOLLC ST CONTINENTAL WAY (PRIVATE) lZb DOUGLAS AVIATION ALLIED WAY SEPULVEDA i pAr / / y\c> / /z O \ \� 50 EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the Re- roofing of the Joslyn Community Center — Project No PW 98 -7 (final contract amount = $51,361) RECOMMENDED COUNCIL ACTION: 1 Accept the work as complete 2 Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Record's Office INTRODUCTION AND BACKGROUND: One November 17, 1998, the City Council awarded a contract for $51,361 to Coast Roof Company for the re- roofing of the Joslyn Community Center DISCUSSION: The work has now been satisfactorily completed by the contractor The final contract amount is $51,361 Staff is recommending City Council acceptance of the completed work ATTACHED SUPPORTING DOCUMENTS- Notice of Completion FISCAL IMPACT: Operating Budget: Yes Capital Improvement Budget. No Amount Requested: $51.361 ProjectlAccount Budget: $60.000 Profect(Account Balance: $58.000 Date 4/19/99 Account Number: 405 -400- 6215- FAC717 Project Phase: Notice of Completion Appropriation Required: No Date. `/iZ7 /fy Date: N COUNCILWay4 -02 dw (41 Ti Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street EI Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Re- roofing of the Joslyn Community Center Project No PW 98-7 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public building maintenance 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on April 14, 1999 The work done was re- roofing of the Joslyn Community Center 6 On May 4, 1999, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Coast Roof Company 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows The Joslyn Community Center 9 The street address of said property is 339 Sheldon Street Dated Bellur K Devaraj City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 1999 at El Segundo, California Bellur K Devaraj City Engineer N \NOTICE'STW98 -7NOC doc (4/19/99) 52 EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award the lease of 500 acre -feet of adjudicated groundwater rights to the City of Inglewood (fiscal impact $35,000 of revenue to the Water Fund) RECOMMENDED COUNCIL ACTION: 1 Authorize the Mayor to execute the attached lease agreement 2 Authorize the Public Works Director to negotiate with any interested party for the remainder of this years water rights INTRODUCTION AND BACKGROUND: Since the early 1970's the City of El Segundo has not pumped its adjudicated groundwater tights Instead, whenever possible, the City has leased the rights to the highest bidder on an annual basis In 1997 the City leased 953 acre -feet to Dominquez Water at a price of $95 per acre -foot Last year the City received no bids DISCUSSION- On April 13, 1999 the City Clerk opened two bids on the lease of the City's groundwater rights The bids were as follows Company /Aaencv Bid Amount Quantity Requested City of Inglewood $70 /AF 500 AF ABC Nursery Declined to bid Staff recommends that the Council award the lease of 500 acre -feet of the City's groundwater rights to the City of Inglewood in the amount of $70 per acre -foot It is further recommended that the Public Works Director be authorized to negotiate with any interested party for the remainder of this years water rights The attached Water Right Lease and Agreement has been reviewed and approved as to form by the City Attorney ATTACHED SUPPORTING DOCUMENTS' 1 City Bid Opening Log No FN 98 -08 2 Water Right License and Agreement FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: ProjectlAccount Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: N COUNCUMay4-03 doc (4/27199) 5� CITY OF EL SEGUNDO BID OPENING LOG NO. FN 98 -08 City of El Segundo Lease of Water Pumping Rights In the West Basin In the City of El Segundo Date of Bid Opening- April 13,1999 Time of Bid Opening 11.00 A. M Place of Bid Opening City Clerk's Office 1 Inglewood, Califoi nia Dept Public Works /Shad One Manchester Blvd 2 5 t✓ (� C Inglewood, CA 90301 J 2 ABC Nurser}' 424 East Gardena Blvd Gardena, CA 90248 3 4 5 Staff Present C F0RMS \BID \0PENG0G fed e C ^ " TV C�YVI(//✓�iry Clerk's Department 1) Q—J City Clerk's Department Public Works Department k Jf CITY CONTRACT NUMBER WATER RIGHT LICENSE AND AGREEMENT (West Coast Basin) For a valuable consideration, the City of El Segundo hereby grants to the City of Inglewood, a license to extract 500 acre-feet of licensor's Adjudicated Right allocated to licensor (or predecessors In Interest) pursuant to Judgment dated August 19, 1961, and entered In Los Angeles Superior Court Case No 506806 entitled "California Water Service Company, et al vs City of Compton, et al" during the period commencing July 1, 1998 and continuing to and Including June 30, 1999 for the amount of $35.000 Ithirty -five thousand dollars). Said License Is granted, subject to the following conditions (1) Licensee shall exercise said right an extract the same on behalf of the City of El Segundo during the period above specified and put the same to beneficial use and licensee shall not by the exercise hereunder of said right acquire any right to extract water Independent of the rights of licensor, (2) Licensee shall pay assessments levied on the pumping of said ground water by the Central and West Basin Water Replenishment District (3) Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this license and provide the Watermaster with a copy of the document (4) Licensee shall note, In any recording of water production for the period of agreement, that said pumping was done pursuant to this license (5) Licensee's Adjudicated Right shall be increased by the amount hereby leased when computing carryover or allowable over extraction as provided by Paragraph V in said Judgement (6) Licensee acquires hereunder pumping rights only and should be responsible to provide the means and location to effect said pumping itself and shall bear the cost of said pumping The City of El Segundo warrants that it has 500 acre -feet of Adjudicated Right and it has not pumped and will not pump or permit or license any other person to pump any part of said 500 acre -feet during period of July 1, 1998 through June 30, 1999 Dated Licensor CITY OF EL SEGUNDO Licensee: By Mike Gordon Title Mayor ATTESTED, Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D Hensley City Attorney N \WATER \RIGHTS LIC (4/22199) By Title 55 EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Public parking lot at the southwest corner of Main Street and Manposa Avenue RECOMMENDED COUNCIL ACTION- Authorize staff to designate 4 stalls at the southeast corner of the parking lot for 2 -hour parking INTRODUCTION AND BACKGROUND: The City owned public parking lot at the southwest comer of Main Street and Manposa Avenue has 28 parking stalls Currently there are no time restrictions for parking DISCUSSION: Recently, concerns have been expressed by residents and nearby businesses that the parking lot does not have any short -term parking Additionally, during school days the parking lot is utilized by the El Segundo High School students The lot is also used by employees and patrons of the El Segundo Library for long -term parking The traffic committee has reviewed the situation and has determined that there is a need for both long -term and short-term parking within the lot Asa first step the committee recommends designation of 4 stalls adjacent to the building on the south side of the lot immediately west of Main Street for 2 hour limited parking According to the City Municipal Code this time restnction will be applicable between S OOam and 6 OOpm on any day except Sundays The public street parking on Main Street in the vicinity of the parking lot is currently restricted to 2 hours and the recommended 4 additional 2 -hour parking stalls are anticipated to address the concerns for the need for short-term parking The traffic committee further recommends that the lot be monitored for the next 2 months to evaluate the effectiveness of the proposed changes and report its findings to the City Council At that time additional changes may be recommended if the present proposal does not adequately address the needs ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT- Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: ProjectfAccount Balance: Account Number: Project Phase: Appropriation Required: Date: 56 N COUNCILW1ay404 doc (4/27/99) EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION, Ratification of existing "Hardware and Software Maintenance and Support Services" contract with Innovative Interfaces Inc (Fiscal Impact $22,572, budgeted item) RECOMMENDED COUNCIL ACTION Approve the existing "Hardware and Software Maintenance and Support Services" contract with Innovative Interfaces Inc INTRODUCTION AND BACKGROUND. On April 6, 1993, the El Segundo Public Library and Innovative Interfaces Inc., of Emeryville, CA, entered into Contract No 2235 for a total cost of $238,490 05 which allowed Innovative Interfaces Inc to supply and install the hardware and software for their INNOPAC system (Attachment A) This contract also provided for a supplemental maintenance and support services agreement which the Library included in the original contract for a monthly amount of $1,645 (Attachment B) However, the maintenance agreement portion of the contract has never been ratified or renewed on a regular basis by the City Council With the purchases of additional equipment since 1993, including a new Dec Alpha operating system in 1997, and the provision in the original contract for Innovative Interfaces to increase the maintenance cost with the purchase of additional equipment based on their current maintenance price list, the monthly cost is now $1,881 or an annual cost of $22,572 This amount is currently in the Library's operating budget under Repairs & Maintenance Account 6104 -6215 Ratification of the current "Hardware and Software Maintenance and Support Services" dated 2125(99 for the specified monthly amount of $1,881 is now requested by the City Council (Attachment C) The City Attorney has noted that the contract does not conform with the City's standard contract specifications, including, but not limited to, insurance and indemnification requirements DISCUSSION Innovative Interfaces Inc is the sole source of the maintenance and support of the Library's INNOPAC automated system The INNOPAC system has been the Library's primary operating system for six years, providing author, title, or subject access to over 200,000 volumes of materials at the Main Library and three School Library branches, allowing the circulation of over 271,000 items each year by Library patrons, and, performing the online cataloging and processing of over 10,000 new titles on an annual basis Since 1993, Innovative Interfaces Inc 's response time for maintenance and support with system problems has been reliable and in compliance with the contract Therefore it is recommended by staff that Council ratify this agreement ATTACHED SUPPORTING DOCUMENTS A Original Contract No 2235 between Innovative Interfaces, Inc and the El Segundo Public Library, dated April 6, 1993 B Original "Maintenance and Support Services" Agreement, dated April 6, 1993 C Proposed current "Hardware and Software Maintenance and Support Services" Agreement between Innovative Interfaces, Inc and the El Segundo Public Library, dated February 25, 1999. r 10 FISCAL IMPACT- (Check one) Operating Budget, X Capital Improv Budget: Amount Requested. $1,881/mo. Project /Account Budget, Project /Account Balance: Date: Account Number, 6104 -6215 Project Phase: Appropriation Required - Yes No X ORIGINATED- Date. y 1?g k"atrial ��` ebra ton, Intenm Library Director REVIEWED AGAFORM Date 12, 1999 SM CONTRACT "2235 cc'�""G'ex�ieeL THIS AGREEMENT is made this 6; th day of J , 1943 BETWEEN INNOVATIVE INTERFACES, INC., a company incorporated under the laws of the State of California (hereinafter referred to as "Innovative Interfaces ") OF THE FIRST PART -AND- EL SEGUNDO PUBLIC LIBRARY (hereinafter referred to as the "Library ") OF THE SECOND PART WITNESSETH: WHEREAS the Library wishes to install and use a computer system to improve the operation of the Library particularly in relation to the catalog function: AND WHEREAS Innovative Interfaces has represented and does hereby represent to the Library, subject to the terms and conditions hereof, that the computer equipment and related software to be supplied to the Library pursuant hereto will satisfy the requirements of the Library as set forth hereunder: NOW THEREFORE in consideration of the premises, and the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1.00 INTERPRETATION Where used in this Agreement, unless the context otherwise requires, the following words and phrases have the respective meanings set forth below: 1.01 "Agreement ", "this Agreement ", "herein ", "hereunder" and similar expressions refer to this Agreement and the Schedules annexed hereto and referred to herein, all as amended from time to time, and the expression "Section" followed by a number means and refers to the specified section of this Agreement: 1.02 "INNOPAC ", "System ", or "Software" refers to the hardware and software developed by Innovative Interfaces for use in a library environment, including all components necessary for running an automated library system as described more particularly in Schedule D. 59 E1 Segundo Public Library INNOPAC Contract March 19, 1993 1.03 "Equipment" means the computer equipment and equipment peripheral thereto purchased by the Library. 1.04 "Installation Site" or "Site" means the room or rooms within which each unit of the Equipment is to be installed on the premises of the Library. 1.05 "Purchase Price" means the dollar amount set plus all applicable taxes and cost of transportation and /or installation specified in the attached schedules which shall not exceed the sum of $238,490.05, but does not include charges for monthly maintenance. 2.00 SUPPLY OF SYSTEM 2.01 In consideration of the payment of the Purchase Price and subject to all the terms and conditions hereof, Innovative Interfaces shall: (a) sell to the Library, and the Library shall purchase, the Equipment referred to in Section 3.00; (b) supply to the Library under license the Software referred to in Section 4.00; and (c) deliver to the Library the materials and documentation referred to in Section 5.00. 2.02 Subject to the other terms and conditions hereof, the System will be installed and will become operational in accordance with the implementation timetable set forth in Schedule C. 3.00 EQUIPMENT 3.01 The Equipment will consist of computer equipment to support the INNOPAC System, including all necessary components and peripherals for proper functioning, as described more particularly in Schedule A. 4.00 SOFTWARE 4.01 Innovative Interfaces will supply to the Library the INNOPAC System, together with all Software needed for proper System operation. E, Fn E1 Segundo Public Library INNOPAC Contract March 19, 1993 �,1 E1 Segundo Public Library INNOPAC Contract March 19, 1993 4.02 Innovative Interfaces shall retain ownership of the Software and all modifications thereto. Each licensed Software product, and all reproductions, corrections, modifications, enhancements and improvements thereof, provided by Innovative Interfaces to the Library, are the exclusive and proprietary property of Innovative Interfaces. Title and full ownership rights in all licensed Software products and all reproductions, corrections, modifications, enhancements and improvements, and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and Innovative Interfaces, intellectual property are reserved to and shall remain proprietary to Innovative Interfaces. The Library shall not remove or destroy any copyright, trade secret, proprietary or confidential legends or markings placed upon or contained or embedded within any licensed Software products and related materials. 4.03 Innovative Interfaces hereby grants to the Library, upon payment in full of the Purchase Price, a non - transferable, non - exclusive license to use a single copy of the Software in con3unction with the Equipment. 4.04 The Library agrees to keep confidential all material and documentation relating to the Software and any modification thereto. The Library will not make available or distribute any program code or description associated with the INNOPAC System in any form whatsoever to third parties without the prior written approval of Innovative Interfaces. 5.0 DOCUMENTATION 5.01 Within two weeks of the signing of the Agreement, Innovative Interfaces will supply, at no cost to the Library, all standard materials published by and then available for use by purchasers of INNOPAC Systems including manuals, programming aids and other relevant materials and documentation. At the time of installation, Innovative Interfaces will provide complete System documentation to support all functions as specified in Schedule D. 5.02 All materials, documents and other information provided by Innovative Interfaces to the Library pursuant to Section 5.01 shall, if so identified by Innovative Interfaces at the time of delivery thereof, be and remain confidential in the possession of the Library and the Library shall not copy or 4 62 E1 Segundo Public Library INNOPAC Contract March 19, 1993 disclose any of such confidential materials, documents or other information to any third party whatsoever. 6.0 SUPPLIES 6.01 The Library is responsible for the acquisition at its own expense of all supplies to be used in the day -to -day operation of the System including, without limitation, paper, ` magnetic tape, ribbons for printers and forms. \ \j 6.02 Innovative Interfaces will advise the Library of the specifications, quantities, sources, and required uses of any supplies which are necessary for the installation of the System. 7.00 SPECIAL DECLARATIONS 7.01 Innovative Interfaces represents and warrants that the Software will contribute to the System the qualities and functions described in Schedule D. 7.02 The Library will pay any and all State and Local taxes with respect to the acquisition by it of the System or any part thereof if such taxes are or become applicable, and agrees to indemnify Innovative Interfaces with respect to any liability or expense incurred by Innovative Interfaces in respect thereof. 7.03 Notwithstanding the provisions of any collective bargaining agreement to which Innovative Interfaces or the Library may be or become a party, the personnel employed by Innovative Interfaces in respect of the installation of the System need not be members of any union or employees, association. 7.04 Title to the Equipment shall pass to the Library at the time referred to in Section 10.02. Prior to the passage of title, the Library shall not encumber the System or any part thereof nor permit a third party to take possession thereof in any way whatsoever prejudicial to the rights and interest of Innovative Interfaces therein. 7.05 Upon delivery to the Library of any portion of the Equipment, the Equipment will be insured by the Library on the same basis as the Library insures similar equipment. The Equipment will be insured for the replacement value of the Equipment until 5 63 E1 Segundo Public Library INNOPAC Contract March 19, 1993 full payment has been made to Innovative Interfaces as provided hereinafter. Innovative Interfaces shall be entitled to receive written proof of insurance upon request. 7.06 At the time of delivery thereof and thereafter until the Library acquires title thereto pursuant to this Agreement, Innovative Interfaces represents and warrants to the Library that Innovative Interfaces has and will have good title to the Equipment and the right to sell the same and that upon completion of the installation thereof the Library shall _ obtain good and marketable title to the same and that all Equipment will be new and conform to the specifications set forth herein. 7.07 Innovative Interfaces represents and warrants that it has the full right to deliver to the Library the Software and that, on acceptance by the Library, the Library shall have license and rights granted herein to use the same free from any lien, claims, charges or encumbrances, and that such rights shall survive the expiration hereof; provided however, that the Library shall have no right to sub - license or assign its rights in respect to the software or any part thereof. 7.08 Neither party shall divulge or disclose to any third parties any information concerning the affairs of the other party which come to the knowledge of such party as a result or in performance of this Agreement of the other party unless such information becomes publicly available through no fault of Innovative Interfaces or the Library. 7.09 Neither Innovative Interfaces nor the Library shall be liable to the other for loss, damage, or delay in the work caused by war, riot, the act or order of any competent civil or military authority, strikes, unauthorized work stoppage or by fire, flood, act of God or by any cause which is unavoidable and beyond its reasonable control. In addition, Innovative Interfaces is not liable for loss or damage suffered by the Library or any third party not caused by the employees, agents or Equipment of Innovative Interfaces. Nor shall the Library be liable for loss or damage suffered by Innovative Interfaces or any third party not caused by the employees, agents or equipment of the Library. 7.10 INNOVATIVE INTERFACES IS NOT LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED. 7.11 The Library may, at its option, connect to the System 54 E1 Segundo Public Library INNOPAC Contract March 19, 1993 purchased under this Agreement any equipment manufactured or supplied by others including, but not limited to, peripheral equipment, other computers, communications equipment, terminal devices, and the like, provided there is a standard, industry - established interface of RS232 available. Innovative Interfaces shall promptly disclose, subject to confidentiality, trade secret, non - competition agreements, upon request to the Library the technical specifications for any given interface point on the System. The Library shall accurately and fully advise Innovative Interfaces, in writing, at least 30 days before it intends to connect any other equipment to the System, and Innovative Interfaces shall have the right to inspect at its own cost the specifications and installation of any such new equipment. In the event that Innovative Interfaces is required to perform maintenance services on the System because of damage to the System resulting from the attachment of such equipment, such service shall be billed to the Library at the then - current standard hourly maintenance rates. 8.00 INSTALLATION AND TRAINING 8.01 All shipping and insurance costs to and from the site are included in the Purchase Price of the System, as listed in Schedule B. All payments to shipping agents and for insurance fees shall be made directly by Innovative Interfaces and the Library shall make no payments to any firm concerning the shipment, installation, and delivery of Equipment which is not a part of this Agreement and for which exact payments are not described. Innovative Interfaces shall be responsible for all arrangements for the shipment of Equipment to the Library and movement of the Equipment from the protective storage area within the library at the Library to the prepared computer site within the library. Innovative Interfaces shall also be responsible for removal of all debris and packing materials from the Library site resulting from the installation of the Equipment or the Software. 8.02 Innovative Interfaces shall provide to the Library in a timely manner the information necessary to enable the Library to prepare the Installation Site for the Equipment in accordance with the instructions of Innovative Interfaces. The Library shall at its sole expense prior to the date agreed upon for hardware installation provide all necessary installations and 7 65 E1 Segundo Public Library INNOPAC Contract March 19, 1993 the like which shall be required for proper functioning of the System. The Library will further ensure that, prior to the acceptance dates set out in Schedule C, access to the System in any form will be restricted to persons involved in the implementation of the System. The Library shall complete site preparation prior to the date of installation of the hardware, and the site shall thereafter be available for inspection and approval. 8.03 All costs and expenses related to the site preparation shall be at the sole expense of the Library. 8.04 Innovative Interfaces will provide, at its sole expense, staff for complete on -site training of Library personnel. 8.05 Prior to the acceptance dates set out in Schedule C, Innovative Interfaces shall have first priority of access to and use of the System for purposes of diagnosis. 9.00 ACCEPTANCE 9.01 The testing of the System shall be completed jointly by Innovative Interfaces and the Library to the mutual satisfaction of the parties. 9.02 Acceptance of Equipment Upon completion of the installation of the Equipment, Innovative Interfaces will notify the Library that such Equipment has successfully complied with Schedule A. 9.03 Operational Testing Upon completion of the installation of the System, Innovative Interfaces will notify the Library that the System is available to the Library for use and for operational testing. It is understood that the operational testing will be use of the System in actual operation. Innovative Interfaces agrees to correct problems found in the course of this operational testing. 9.04 The testing by the Library required by Section 9.03 shall continue for a period not to exceed 90 days from date of initial installation. Unless the Library provides Innovative Interfaces, in writing, with any claim that the system does not meet performance specification on or before expiration of P r, E1 Segundo Public Library INNOPAC Contract March 19, 1993 said 90 days, it will be conclusively presumed that the System has met all performance specifications. 9.05 Innovative Interfaces will provide to the Library, its representatives and consultants, such documentation and assistance as may reasonably be required by the Library in connection with the aforesaid acceptance tests. 10.00 PAYMENT AND TITLE 10.01 The Purchase Price for the System and all rights and benefits herein contained shall be payable in lawful money of the United States at the times and in the amounts set forth in Schedule B. If the Implementation Schedule is delayed at the Library's request, payment based on acceptance of the modules shall be due at the times originally set (i.e. 60 days after initial training was scheduled to occur). 10.02 Title to the Equipment shall pass to the Library upon date of completion of installation. Innovative Interfaces shall retain a security interest in the Equipment which is discharged when 100% of all payments against Equipment are made. The passing of title to the Equipment shall not affect Innovative Interfaces' other obligations hereunder. 11.0 WARRANTIES 11.01 Innovative Interfaces represents and warrants to the Library that: (i) The Equipment and all components thereof, the Software, all programming aids and all other items supplied to the Library under the provisions of this Agreement shall be, and provided that the Equipment and Software are used in accordance with Innovative Interfaces recommended operating procedure, and is not abused or misused, shall remain free from any and all defects and will conform to all stated specifications. (ii) As of the date upon which title to the Equipment is transferred to the Library, the Equipment will be owned by the Library, and no person, firm or 67 E1 Segundo Public Library INNOPAC Contract March 19, 1993 corporation shall have any interest therein other than Innovative Interfaces and the Library pursuant to this Agreement. 11.02 The representations and warranties by Innovative Interfaces as provided for Section 11.01 (1) shall continue in full force and effect for a period of 3o days following initial installation of the Equipment but the expiration of such period shall not affect the rights of the Library hereunder in respect of any claim of which Innovative Interfaces has then received written notice from the Library under the provisions hereof. 11.03 If without the approval of Innovative Interfaces, the Library shall: (i) exceed the System specifications as set forth in this Agreement; or (ii) utilize the System for a purpose which is unrelated to INNOPAC applications; or (iii) make modifications to the System or additions which will have an adverse impact on the System specifications as set forth in Schedule A, then Innovative Interfaces shall be relieved from any responsibility for a breach of warranty under clause (i) of Section 11.01 and any other performance guarantees set forth in this agreement. 11.04 Except as specifically set forth in this Agreement, it is expressly agreed there is no warranty of merchantability or fitness for a particular purpose, except for library related applications, express or implied, by Innovative Interfaces with reference to the System which extends beyond the warranties set forth herein. 11.05 If degradation in System performance occurs because the Library connects to the system equipment in violation of Section 7.11, then Innovative Interfaces is thereby relieved from any responsibilities from a breach of warranty and performance guarantees as set forth in this Agreement if it can be shown that said equipment caused the degradation in performance. 10 6P E1 Segundo Public Library INNOPAC Contract March 19, 1993 12.00 TERMINATION 12.01 If, prior to payment by the Library of the Purchase Price in full, the Library defaults in payment of any sum due hereunder or otherwise fails to fulfill its obligations under this Agreement beyond 60 days after receipt by the Library of written notice from Innovative Interfaces of such default, then Innovative Interfaces shall have the immediate right to terminate this Agreement and revoke the software license by notice to the Library and to enter upon the Library's premises to repossess and remove any Equipment or Software which is not fully paid for by the Library. The Library's obligation to pay all charges which shall have accrued shall survive any such termination of this Agreement by Innovative Interfaces and such taking of possession shall be without waiver of any other remedies Innovative Interfaces may have at law or in equity. In addition, the Library shall be responsible for reasonable costs of removal of the System, including but not limited to transportation and labor charges. 12.02 (1) If Innovative Interfaces does not fulfill its obligations to deliver, install and test the Equipment in accordance with the dates specified in Schedule C, or (ii) If the System when installed does not meet the specifications set forth in Schedule D, or (iii) If Innovative Interfaces is in default in respect of any covenant, representation, warranty and /or agreement provided herein, or (iv) If any proceeding in receivership, liquidation or insolvency is commenced against Innovative Interfaces or its property, and the same be not dismissed within 30 days, or (v) If Innovative Interfaces makes any assignment for the benefit of its creditors, becomes insolvent, ceases to do business as a going concern, or seeks any arrangement or compromise with its creditors under any statute or otherwise, then the same shall constitute an event of default by Innovative Interfaces hereunder, and upon the happening of any of the aforesaid events, the Library may upon 60 days 11 6n E1 Segundo Public Library INNOPAC Contract March 19, 1993 notice to Innovative Interfaces specifying Innovative Interfaces' default terminate this Agreement and such termination shall be without prejudice to any right the Library may have to damages at law or in equity; provided that if Innovative Interfaces or any of its Sureties, Guarantors or Indemnitors remedies such default within the said 60 days period, this Agreement shall remain in full force and effect. Upon the happening of Section 12.02 (iv) or 12.02 (v) , the Library will be entitled to receive and continue to use all materials related to all processes of the INNOPAC hardware and the source code for the INNOPAC Software. These shall be placed in escrow by Innovative Interfaces upon completion of installation and shall be accessible to the Library only upon the happening of Section 12.02 (iv) or 12.02 (v). 13.00 GENERAL PROVISIONS 13.01 No party to this Agreement shall have the right to assign its rights or obligations under this agreement except with the written consent of the other party hereto, which consent will not unreasonably be withheld. 13.02 There are no understandings, agreements or representations, express or implied, between the parties hereto not specified or embodied herein. Any prior commitments, written or oral, made by either party to this Agreement are superseded by this Agreement. 13.03 This Agreement shall not be modified, amended, rescinded, cancelled or waived in whole or in part, except by written instrument signed by the parties hereto and no waiver of any of the provisions of this Agreement shall constitute a waiver of any of the other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver unless expressly so provided therein. 13.04 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13.05 In the event that a claim or cause of action arises out of the interpretation, performance, or breach of this contract, the prevailing party shall be entitled to a reasonable attorney's fee in addition to costs of suit. Venue for any action hereunder shall be at the site of the respondent. 12 70 E1 Segundo Public Library INNOPAC Contract March 19, 1993 13.06 This Agreement is not to be distributed by any party hereto to any third party without the written approval of the other party hereto. 13.07 All notices to be given to or received by the parties hereto shall be in writing and shall be delivered by messenger or mailed by prepaid registered or certified first class mail, with return receipt requested, to any such party at its address which: in the case of Innovative Interfaces shall be: Innovative Interfaces 2344 Sixth Street Berkeley, CA 94710 Attention: President and in the case of the Library shall be: E1 Segundo Public Library 111 W. Mariposa Avenue El Segundo, CA 90245 Attention: Library Director Any party may by notice change its address for the purposes hereof. Any such notice shall be deemed to have been given, if delivered by messenger, on the date of its actual receipt, or, if delivered by mail, upon the date that it shall have been properly deposited in the mail. 13.08 Save as otherwise expressly provided, this Agreement shall endure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns. 13.09 This Agreement is made and becomes effective only when executed by a duly authorized officer of Innovative Interfaces at Berkeley, California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. THE LIBRARY per: 13 7' name: Carl title: Mayor date: INNOVATIVE INTERFACES per: $-1 name: Gerald. . Kline title: President date: Vz `c' -3 APPPOI'ED AS :0 E021 City Attorney 14 E1 Segundo Public Library INNOPAC Contract March 19, 1993 72 E1 Segundo Public Library INNOPAC Schedules March 19, 1993 S C H E D U L E A INNOPAC Hardware and Software 140,000 titles Bibliographic database system 155,000 volumes Cataloging (including authority control) 26,000 patrons Circulation system 48 ports Online Public Access Catalog 33 terminals Management Information System 2 OCLC interfaces 14 lightpens 36 users HARDWARE MIPS 3330 CPU [Silicon Graphics] $39,190.00 32 MB memory 120 MB tape cartridge system printer [Okidata 3931 1 [Seagate] 1 -GB disk drive @ $7,500.00 /each $7,500.00 48 ports* @ $2,695 /per 16 ports $8,085.00 [32 ports - 4 8 -port Specialix Mode1SI 8] [16 ports - 1 Lantrcnlx terminal server] 1 U100 INNOPAC battery backup @ $3,340.00 $3,340.00 [American Power 1250VX [1.2KVA33 Subtotal, CPU: $58,115.00 1 WY50 [Wyse Model WY -503 terminals @ $595.00 /each $595.00 14 B120 [Percon Series 10] lightpens @ $785.00 /each $10,990.00 6 [Multitech] 8- channel multiplexors w/9600 baud (Multitech) modems @ $3,950 /each $23,700.00 Subtotal, Peripherals $35,285.00 HARDWARE SUBTOTAL: $93,400.00 LESS DISCOUNT: - $43,408.00 HARDWARE TOTAL: $49,992.00 (CONTINUED ON NEXT PAGE) 15 73 E1 Segundo Public Library INNOPAC Schedules March 19, 1993 SOFTWARE: Catalog database $30,000.00 Authority control $15,000.00 OPAC $20,000.00 Circulation $28,500.00 OCLC Interfaces (2 @ $4,850.00 /each) $ 9,700.00 License for first 30 simultaneous users @ $1500.00 /each $45,000.00 License for next 6 simultaneous users @ $1,250.00 /each $7,500.00 SOFTWARE TOTAL: $155,700.00 SYSTEM SUBTOTAL: $205,692.00 INSTALLATION: $3,000.00 Shipping, Insurance $2,300.00 DATABASE LOAD (bib., item and patron records in MARC format) $9,500.00 DOCUMENTATION: INCLUDED ONSITE TRAINING: INCLUDED TOTAL: $220,492.00 est. Calif. State Sales Tax (8.75% on $205,692 (excludes installation, shipping, insurance, and database load) $17,998.05 GRAND TOTAL: $238,490.05 MAINTENANCE COSTS: A maintenance contract on the system as proposed would be for a cost of $1,645 per month (eight- tenths of one percent of purchase price /month [exclusive of installation, shipping, insurance, and database load]. (SCHEDULE A CONTINUED ON NEXT PAGE) 3_ 74 MAINTENANCE AND SUPPORT SERVICES HARDWARE AND SOFTWARE SUPPORT SERVICES Innovative Interfaces shall provide the Hardware and Software Support Services as specified herein. Such services shall be provided based on Innovative Interfaces' annual support charge as specified in Schedule A. (i) Innovative Interfaces will make available maintenance and support services Monday through Friday 8:00 a.m. to 5:00 p.m. Pacific Time except on the following holidays: New Year's Day Presidents' Day Easter Sunday Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Weekday adjacent to Christmas Day Remote telephone diagnostic service shall be provided Monday through Friday 5:00 a.m. to 6:00 p.m. Pacific Time, Saturday from 8:00 a.m. to 6:00 p.m. Pacific Time and Sunday from 4:00 a.m. to 10 :00 p.m. Pacific Time. An answering service may be used providing calls are returned within one hour. Innovative Interfaces will make its best efforts to complete repairs within 48 hours of notice excluding weekends and holidays. Such maintenance service does not include repairs or replacement parts due to damage caused by fire, lightning, tornado, windstorm, hail, earthquake, explosion, smoke, aircraft, motor vehicle, collapse of building, strike, riot, power failure or fluctuation, or other cause originating by reason of other than normal operation of the equipment, or Library's negligence or misuse of the equipment. The Library agrees, as part of such maintenance service, to take reasonable care of the equipment and not permit persons other than authorized representatives of Innovative Interfaces, Inc. to effect adjustments or repairs to the equipment. (ii) On reasonable notice and at Innovative Interfaces' expense, Innovative Interfaces may require the Library to permit Innovative Interfaces to correct Software bugs and carry out modifications to the System for the purpose of maintaining the System. Innovative Interfaces will be responsible for all corrections at Innovative Interfaces' expense. 75 E1 Segundo Public Library INNOPAC Schedules March 19, 1993 The standard of reliability for future ongoing System performance shall be 98% using the table of coefficients in the Contract Schedule E. Maintenance payments shall be reduced by 10% for each 1% reliability falls below the agreed -upon level. Such penalty shall not exceed 100* of the monthly maintenance charge and shall not be carried over to subsequent months. (iv) The Library will be informed of the release of new modules for the System (including the operating System) which may be acquired by the Library from Innovative Interfaces at the then - prevailing market price. Upgrades to the Software shall be installed at no cost to the Library. For the purpose of this document, the term "upgrades" shall mean improvements in the Software which relate to operating performance but do not change the basic function of the Software or the file size. ADDITIONAL EOUIPMENT If the Library adds any additional Innovative Interfaces equipment to the System after the initial installation, the Maintenance Agreement shall be extended to cover the new equipment. The maintenance charges for such equipment shall be based upon Innovative Interfaces' then - current maintenance price list. The 30- day warranty shall commence on the date of installation by the Library of such additional equipment. The additional equipment shall be added to the Maintenance Agreement after such warranty shall expire. THE LIBRARY per: 4-o,. name: Barbara J. Pearson title: Library Director date: 41(.193 INNOVATIVE INTERFACES, INC. 2 7F per: name: Gerald M. Kline title: Pr)e sident date: y/l/Y3 2 7F HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT SERVICES INNOVATIVE INTERFACES, INC., an Equal Opportunity Employer, MIF, HN company, incorporated under the laws of the State of California, hereinafter referred to as "Innovative Interfaces ") -and- CITY OF EL SEGUNDO, (hereinafter referred to as the "Library") Innovative Interfaces shall provide the Hardware and Software Maintenance and Support Services (the "Maintenance Services ") as specified and agreed to in the Agreement entered into April 6, 1993 Such Maintenance Services shall be provided to the Library by Innovative Interfaces' and at the support charge of $1881 per month (1) Innovative Interfaces will make available full Maintenance Services 24 hours a day, seven days a week, except for the following holidays New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve (beginning at 5 p in PT) Christmas Day The Library agrees, as part of such Maintenance Services, to take reasonable care of the equipment and not permit persons other than authorized representatives of Innovative Interfaces, Inc to effect adjustments or repairs to the equipment Once notified by the Library of a problem, Innovative Interfaces will make its best efforts to complete repairs to the central site hardware and Software within 48 hours of notice excluding weekends and holidays The Library agrees that for hardware supplied by Innovative Interfaces, the Library shall accept parts shipments for all plug -in or screw -in components This Maintenance Services agreement does not include repair services or replacement parts due to damage caused by ram, fire, flood, lightning, tornado, windstorm, hail, earthquake, explosion, smoke, aircraft, motor vehicle, collapse of building, strike, not, power failure or fluctuation, or other cause onginatmg by reason of other than normal operation of the equipment, or Library's negligence or misuse of the equipment (2) On reasonable notice and at Innovative Interfaces' expense, Innovative Interfaces may require the Library to permit Innovative Interfaces physical, telephone dial -tn, or Internet access to the System to correct Software bugs and carry out modifications to the System for the purpose of maintaining the System Innovative Interfaces will be responsible for all corrections at Innovative Interfaces' expense (3) Upgrades to the Software modules licensed to the Library shall be installed at no cost to the Library so long as the equipment currently being used as the INNOPAC computer system has been determined by Innovative Interfaces to be sufficient and/or compatible for the load and operation of 77 Innovative Interfaces, Inc and INNOPAC Schedules City of El Segundo February 25, 1999 Page 2 such new release or upgrade If the equipment is deemed not to be sufficient for installation of the new release or upgrade to the software, then the Library shall be responsible for the cost of such new equipment as may be required for such software upgrade If the Library declines to upgrade its hardware to accommodate the upgrade and/or enhancement to the software, then the Library shall remain at its then current software release The Library will be informed of the release of new products or features for the System which may be acquired by the Library from Innovative Interfaces at the then prevailing market pnce For the purpose of this document, the tern "upgrades" shall mean improvements in the Software which relate to operating pef ormance but do not change the basic function of the Software or the file size (4) If the Library adds any additional Innovative Interfaces equipment or Software to the System after the initial installation, the Maintenance Services shall be extended to cover the additional equipment or Software The maintenance charges for such equipment or Software shall be based upon Innovative Interfaces' then- current maintenance price list A 30 -day warranty shall commence starting with the date of installation of such additional equipment or Software item The additional cost of coverage for the additional equipment or Software shall be added to the Maintenance Agreement after such warranty shall expire (5) Any delay during a software upgrade process which is due to equipment failure where such equipment was not purchased from Innovative Interfaces, and for which Innovative Interfaces has no direct control, shall be billable at Innovative Interfaces' then current maintenance rates If the aforementioned upgraded system fails due to a hardware failure during a thirty (30) day period after such installation and a restoration of the software is required, then that time shall also be billable at Innovative Interfaces' then current maintenance rates THE LIBRARY Name Debra F. Brighton Title Interim Library Director Date Q1a5)091 ATTEST: Cindy Mortesen, City Clerk APPRO D AS TO FO Mark Hensley, City Attor ey INNOVATIVE INTERFACES, INC. By- 11.1 _a, _,Gl-i- L[ Sue— Name Arlene Debergue Title Customer Accounts Date 7 C CITY OF EL SEGUNDO Mike Gordon, Mayor 7r EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 4, 1999 AGENDA HEADING- Consent Agenda Intrafund transfer of $25,000 within the Wastewater Operating Budget for the purpose of purchasing an additional sewer bypass pump and associated fittings RECOMMENDED COUNCIL ACTION: Approve the transfer INTRODUCTION AND BACKGROUND: During the evaluation of how the City would operate the sewer system if the City were to experience a widespread power outage resulting from a Y2K failure, it was discovered that the City could not operate all of the sewer pump stations with the equipment we presently possess DISCUSSION: There are 10 sewer pump stations in the City's sewer system Two of the stations are equipped with automatic bypasses One is equipped with a natural gas backup engine The City presently has portable pumps to operate 6 of the remaining stations An additional portable pump is needed to ensure that the City can totally operate the sewer system in the event of a complete power outage The City has been notified that the 1998 -99 sewage treatment payment to Hyperion is substantially less than what is included in the present operating budget Staff is recommending the use of some of the savings to pay for the requested pump and necessary fittings Staff recommends the City Council approve the intrafund transfer of the $25,000 from account No 001- 400 - 4301 -6206 to account No 001 - 400 -4301 -8104 ATTACHED SUPPORTING DOCUMENTS. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Intrafund Transfer Date: s+A c /q9 N COUNCILWay4 -05doc (4126199) 79 11 EL SEGUNDO CITY COUNCIL MEETING DATE: May 4, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Examination Plan for the Personnel Merit System lob classification of Disaster Preparedness Coordinator RECOMMENDED COUNCIL ACTION: Approve the Examination Plan INTRODUCTION AND BACKGROUND. Chapter 2 28 080 of the El Segundo Municipal Code, entitled "Administration and Personnel', provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications DISCUSSION: - REFER TO ATTACHMENT - ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT (Check one) Operating Budget Capital Improv Budget: Amount Requested. ProjectjAccount Budget: Project/Account Balance Date* Account Number: Project Phase: Appropriation Required - Yes— No_ REVIEWED BY- ACTION T agenda 314 Date, April 21, 1999 I/!� — /h�- `� ao 12 The Human Resources Department has initiated the recruitment, testing and selection process for the job classification of Disaster Preparedness Coordinator and has posted the notice of the examination in accordance with the City's Municipal Code and the City's Personnel Rules and Regulations It is recommended that the City Council approve the examination plan that contains the following examination techniques and weights for each portion of the examination Disaster Preparedness Coordinator (Open - Competitive) Structured Career Preparation & Technical Oral Board Weighted 100% • Mandatory Supplemental Questionnaire with submission of employment application (qualified assessment) EL SEGUNDO CITY COUNCIL MEETING DATE. 4 May 1999 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION Request to increase the Professional/Technical Specialist (adopted) City Budget account No 3301 -6214 by an additional $125,000, to total $258,500 for the current (1998 -99) fiscal year RECOMMENDED COUNCIL ACTION. City Council approval for the additional account fund total INTRODUCTION AND BACKGROUND: As the need arises, complex, high rise, special plan, expedited, or overflow review projects are "outsourced" to the City's professional support staff for specialized and /or expedited plan check services The City's Professional/Technical Specialist (High Rise) account No 3301 -6214 was first established in fiscal year 1988/89 to pay for this service It has also proven useful /necessary since the elimination of the second Plans Examiner position in July 1995 Funds for this service, as well as all plan review fees, are generated through the collection of plan check fees as established by El Segundo Resolution no 3617, and adopted by the City Council on 20 December 1989 This money is deposited into General Fund account no 3808 Our outside plan review support is utilized only on an "as- needed basis " Upon completion of the plan review process, we receive a statement for their services, and payment is made as set forth in the Council approved contract The contract service provider is then paid from the funds that were previously collected from the applicant at the time of plan check submittal DISCUSSION. In the adopted budget for (current) Fiscal Year 1998/99, $143,500 was approved for line item 3301 -6214 ($133,500 was reserved for outside plan review services and $10,000 was allocated for microfilming services) Due to an underestimated and unanticipated increase in our plan check activity, these funds have now been (Continued on next page) ATTACHED SUPPORTING DOCUMENTS' March 1999 Building Safety Division Monthly Activity Report FISCAL IMPACT: (Check one) Operating Budget* X Capital Improv Budget: Amount Requested, $54,500 Project/Account Budget: Project/Account Balance- Date. Account Number: 001 -400- 3301 -5214 Project Phase Appropriation Required - Yes X No_ ORIGINATED j i Date: 26 April 1999 Bret 'BBe/rnard, of Planning and Building Safety REVIEWED BY. Date: ACTION y� /9 1 82 13 DISCUSSION: (Continued) completely depleted Staff is requesting an additional $54,500 to maintain its current level of service through the remaining six months of the (fifteen month) fiscal year Additional funds are requested for the following reasons A three (3) month extension in the current fiscal year, to end on 30 September 1999 instead of 30 June 1999 An unanticipated and recent increase in building construction activity (please see March 1999 Monthly Building Activity Report, attached) The loss of one Plan Check Engineer's position in fiscal year 1995/96 An unexpected late bill (for FY 1997/98) from our former plan check contract professional, The Compliance Group An increase in requested accelerated plan review projects, all of which are sent to our outside consultant for "fast tracking;' that is-- jumping ahead of the queue (as requested /paid for by the applicant) • A continued and increased emphasis on over - the - counter plan reviews • The loss of one Building Inspector /Plans Examiner position to the Finance Department The loss of of a Building Inspector position (reassigned '/2 time to Code Compliance and '/2 time Building Inspector), plus another vacant Building Inspector II position (left unfilled contingent up the completion of the Departmental audit) each assists in plan checking activity Funding sources for the supplemental expenditure are as follows 1 Salary and benefit (six months) savings due to the retirement of a Building Inspector II, $34,60000 2 Additional 3 -month budget, and, 35,900 00 3 Additional appropriation request 54,500 00 Total $125,00000 Anticipated additional revenue is expected to also offset the additional appropriation as follows 1 3 35 million renovation of the 898 North Sepulveda Building (in plan check), $37,29708 2 2 5 million tenant improvements to the building at 200 North Nash Street (in plan check), and, 29,315 58 3 6 million remodel to a building (address withheld at the request of the owner /developer to be submitted to plan check July 1999) 62,180 58 Total $128,79324 The additional request of $125,000 will cover the cost of our consultant plan review services through the remainder of the entire fifteen month, current fiscal year As Staff positions are not filled, and /or duties are modified or reassigned to other Divisions /Departments, while the demand has been met - -it has become quite difficult to maintain the same level of plan review service that our clients have come to expect over the past few years The assistance of the "outsourced" plan checking support staff helped the Department maintain consistent quality service that our clients have come to expect and rely upon in El Segundo The additional requested funds would insure that our plan review process will continue in a timely fashion It should be noted that the additional requested funds do not represent a direct cost to the City All plan check fees are paid in advance by the applicant and deposited into the City's General Fund The professional contract services are paid from this revenue by the funds authorized by City Council through account No 3301 -6214 There is, in essence, a "wash- though" of those monies, plus other revenue sources as identified above - -with no impact to the City's General Fund balance P /Agendas /1999 /Staf -Rpt i 1 {{y k 00 CD CD W 0 CD m m O m �d C �G CD i fA (=D O W a m NC d A m (D CD CD V✓ O N m 0 i v( 000000 W O A gm v v n� m G)0n� PTO O V -4 In o3�� N Cm N W N � A a3D� >>N O C_ J N w 0) w W a 3 0fD3� a m r_ O RD �v J W m ( )( (D Or A 6 0 O =CD D z to En O ��m_m�fD�� m N 3X r T m om'�d n — fn -i p) m y W fn m 0�»m [� O °— D O a m° ^DMC'O � moam 0 0 0 0 y 3 r z ym0N'D�f n (D' o m d d C^-1 r N O D,mm(n W a) CD W W � r CD (D m to co W N A O (D 0 m N N Z , w 1 3 3 3 3^ w m �Oo 'n m TTN (D " 0 0 CD 7 _i (D N CD CD m N N k " O o C y NI �I N N J O(D (DI O W 6 �O�(D O JN AD7 N N N D)J N A J W (J( co N N A co N r O) lD Q1 D W N W co O N J N W W A W J W W W J n J O (OI OI (n v( 000000 W O A p 4 r N W W N W N � A Q wODw rA J N w 0) w W m A� � N) O vN �v J W m ( )( (D O N O A o z CD Ul O mm O RO (D as � N N [C'D 00 ff T O i O) O O) 3 O N V C z (D1 00 000000 W O Im p r W W N W N C w wODw D J N w 0) w W m A� � N) O vN �v O N S i OOD i CO JO A 6 0 O 0 0� O O N O W z to En N v T m -� O O N W W W W 01 W A" m rn o0 oow(Wnornwa 0 0 0 0 0 0 0 0 0 0 O 3 d N N bi N N d d C^-1 cn N � 1-a co < -D V W a) CD W W v 3 (D C J 7 (D m to co W N A O (D 0 N N N N Z , w 1 3 3 3 3^ w m �N i �Oo 'n m TTN (D " 0 Cl. 7 _i (D N CD CD O N N k " � o E» to v+ N J N A J W (4 (J( co cn J N A co N r O) lD Q1 D W N W W CD (D A A J W O N 1 JODW A (0 0) AODN W cc NN W CO D W co 0) OD v+ v+ D, _ (D A O -1 M W v co � O W D) W O C7( OD J J N J -� w m A OD — N (1^) ((�D W m V C) co 0)" A O1 cco o m co n O z X X C -j 0 Z D 1 r n O 3 m Zp r C (n A T mm 0 O O 2 m d n EL SEGUNDO CITY COUNCIL MEETING DATE: 04 May 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: New Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer and wine (Type 41 — On -Sale Beer & Wine Eating Place) at a proposed restaurant, Indian Summer, to be located at 219 Main Street (ABC 99 -2) Applicant Bhupinder Dhal wal, Property Owner Triangle Investment Group RECOMMENDED COUNCIL ACTION- Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at the new Indian Summer Restaurant INTRODUCTION AND BACKGROUND: At its 4 April 1995 meeting, the City Council directed Staff to bring all future ABC license to them for review The ABC regulations (Sections 23958 4, 23987, 24013, 24200, and 25612 5) of the Business and Professions Code require a 30- day review and comment period, after notification of the local Police and Planning Departments for review purposes for alcohol sales at restaurants Restaurants are specifically excluded from the ABC regulations which require the City to make findings of public convenience or necessity in areas of "undue concentration " For your information the proposed restaurant would be located in Reporting District (RD) No 108, which does have an "undue concentration" of licenses and crime (46% above average of all RD's) Any protests regarding the issuance of a restaurant license must be filed with the ABC during the 30 -day time frame, or a 20 -day extension may be requested The City has not received formal notice of the ABC license application from the ABC, however an Administrative Use Permit Application for the alcohol sales was received and approved by the Director of Planning and Building Safety On 14 May 1999, the Planning Commission is scheduled to Receive and File the ALP approval Additionally, the previous tenant, the Golden Star Chinese Restaurant, also had a Type -41 ABC license ATTACHED SUPPORTING DOCUMENTS 1) Administrative Use Permit Approval Letter, dated 14 April 1999 2) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations — prepared 21 April 1999 by Planning Division 3) 1998 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map — prepared by Police Records Division 4) Assembly Bill No 2897 — Business and Professions Code Section 23958 4 5) Assembly Bill No 2742 — Business and Professions Code Sections 23987, 24013, 24200, and 25612 5 FISCAL IMPACT. None. ORIGINATED- �� Date- 22 April 1999 I Bret B 8ernarrdd/, AiCP, erector of Planning and Building Safety ea-478 ais 85 14 G�� Y 0 Elected Officials Mike Gordon, Mayor Sandra Jacobs, Mayor Pro Tem Nancy Wernmir, Ccuncllmember John 6 Gaines County /member Kelly McDowell, Councilmember Cindy Mortesen, City Clerk Willem Bus, G, Treasurer Appointed Officials Mary Sheen, Oily Manager Mark Hensley, Ory Arfomey Department Directors James Hansen Economic Development Bret Plum/ee, Finance Craig Pedego, Fire Robert Hyland, Human Resources Debra Brighton Acting Library BretB Bernard, Planning 6 Budding Safe, Tim Gnmmond Polme Eduard Schroder, Public W.M. James Fauk, Reem.uon AParks April Mr Bhupmder Dhaliwal 1769 Voorhees Avenue Manhattan Beach, CA 90266 RE Environmental Assessment EA -478, Administrative Use Permit 99 -3 On -Sale Beer and Wine at new Restaurant Address: 219 Main Street Applicant: Bhupinder Dhaliwal Property Owner: Triangle Investment Group Dear Mr Dhaliwal I am pleased to inform you that, in accordance with Chapter 20.72 of the City of El Segundo Zoning Code, the Planning Division has reviewed your application for the above - referenced project and the Director of Planning and Building Safety has APPROVED your Admnistrative Use Permit The following are the findings and facts in support of each finding for this decision- FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment EA -478 Finding 1 The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of existing private structure involving negligible or no expansion of use Facts in Support of Finding 1 The applicant proposes to provide on -site sale and consumption of beer and wine in new restaurant, Indian Summer. The approximately 2,000 square foot restaurant, is located in an existing shopping center, zoned Downtown Commercial (C -RS). The restaurant will occupy space that was previously used as a Chinese restaurant, the Golden Star Restaurant. This establishment also had a Type -41 ABC Permit for onPsta nrng ana�HUi��ng afe�y Department 350 Main Street, El Segundo, California 90245-0989 Phone (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org i Administrative Use Permit 99 -3 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located Facts in Support of Finding 1 1 The applicant proposes to provide on -site sale and consumption of beer and wine in a new restaurant, Indian Summer The approximately 2,000 square foot restaurant is located in an existing Downtown Commercial building, and provides seating for approximately 60 people 2 The restaurant will have a State of California Alcohol and Beverage Control (ABC) license for on -site sale and consumption of beer and wine 3 The intended hours of alcohol sale are expected to be during all hours the restaurant is open The restaurant is planning on opening at 10 am, seven (7) days a week The closing time for the establishment is expected to be 12 00 a.m., seven (7) days a week 4 The restaurant location is in the existing Downtown Commercial building, which is part of a small shopping center, with adjacent on -site surface parking 5 The General Plan land use designation for the site is Downtown Commercial 6 The zoning for the site is Downtown Commercial (C -RS) The proposed use requires an Administrative Use Permit (AUP) in accordance with Section 20 32.030 A of the El Segundo Municipal Code 7 The surrounding land uses are Commercial, with another restaurant, retail, donut shop, a chiropractic clinic and bank within the same shopping center. Also in the immediate area is a post office and theater These uses are compatible with the purpose and intent of the proposed use 8 On April 20, 1999, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. (We will subsequently inform you of its decision ) Finding 2 • The proposed use is consistent and compatible with the purpose of the Zone in which the site is located 2 87 Facts in Support of Finding 2 1 The General Plan land use designation for the site is Downtown Commercial (C -RS) 2 The zoning for the site is Downtown Commercial (C -RS) The proposed use (on -site sale and consumption of beer and wine) requires an Administrative Use Permit (AUP) in accordance with Section No 20 32 030 A of the El Segundo Municipal Code. Restaurants are a permitted use in the zone in accordance with Section 20 32.020 (D) of the Zoning Code 3 The purpose of the Downtown Commercial (C -RS) Zone is "to stabilize and protect the commercial retail- service character of the downtown area, and to create a favorable environment for pedestrian circulation and access " (Section 20.31.010) The proposed use is consistent with this purpose 4 The surrounding land uses are Commercial, with another restaurant, retail, donut shop, a chiropractic clinic and bank within the same shopping center. Also in the immediate area is a post office and theater These uses are compatible with the purpose and intent of the proposed use Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Facts in Support of Finding 3 1 The restaurant location is in an existing Downtown Commercial building with an adjacent surface parking area The restaurant is located in commercial spaces previously occupied by another restaurant which also had a Type -41 ABC Permit for on -site consumption of beer and wine 2 The surrounding land uses are Commercial, with another restaurant, retail, donut shop, a chiropractic clinic and bank within the same shopping center Also in the immediate area is a post office and theater These uses are compatible with the purpose and intent of the proposed use Finding 4 • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and compensated for Facts in Support of Finding 4 1 The restaurant will have an ABC license for on -site sale and consumption of liquor 3 88 2 The intended hours of alcohol sale are expected to be during all hours the restaurant is open. The restaurant is planning on opening at 10 am., seven (7) days a week. The closing time for the establishment is expected to be 12 00 a.m , seven (7) days a week. 3 The surrounding land uses are Commercial, with another restaurant, retail, donut shop, a chiropractic clinic and bank within the same shopping center. Also in the immediate area is a post office and theater These uses are compatible with the purpose and intent of the proposed use Finding 5 • The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant Facts in Support of Finding 5 1 The City Council will be scheduled to review the request for the ABC license on April 20, 1999, and determine whether or not they protest the issuance of the license (We will also subsequently inform you of its determination ) DIRECTOR OF PLANNING AND BUILDING SAFETY ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety APPROVES the proposed project PLANNING COMMISSION Please be advised that this does not conclude the review process As explained previously, this determination will be transmitted to the Planning Commission for its May 13, 1999 meeting with the recommendation that the Planning Commission Receive and File the determination of the Director of Planning and Building Safety An appeal of this decision by the Director of Planning and Building Safety may be filed with the Planning Division prior to the Planning Commission meeting at which this decision is to be received and filed If an appeal is filed, the item will be scheduled for a (future) public hearing (as required by the Municipal Code) Additionally, the City Council will review the request to sell alcohol at its meeting on May 4, 1999, in order to deterrmne if it will protest the sale of beer and wine for on -site consumption Should you have any questions, please contact Paul Garry, Assistant Planner, myself, or any other Planning Division staff member, at (310) 322 -4670, extension nos. 399, 211, or 382, respectively 4 89 Sincerely, /l Bret . B rnar . AICP, Director Department of Planning and Building Safety xc Triangle Investment Group, Property Owner Sandra Massa- Lavitt, Acting Senior Planner Paul Garry, Assistant Planner PmjecuW76- 499ka -478ka -478 app 5 '10 CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type Type of Licenses 7 Off -Sale Beer and Wine Type 41 19' On -Sale Beer and Wine Eating Place - Restaurant 14 Operation Minors Permitted Type 42 3 On -Sale Beer and Wine Public Premises - Food not required Minors Not Permitted Type 47 14 On -Sale General Bona Fide Eating Place - Restaurant operation Beer, Wine and Distilled Spirits Minors Permitted Type 48 1 On -Sale General Public Premises - Cocktail Lounge Minors Not Permitted. Type 51 1 Club - Veterans or Other Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 40 II. OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 7 Off -Sale Beer and Wine Type 21 7 Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 14 (Includes new proposed Indian Summer Restaurant at 219 Main Street, Type -41 License) P proiects/ea•478 /ea478abc cal Update 4121/99 91 CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 1990 Census Data) Census Tract 6200 6201 East of Sheldon West of Sheldon - North of El Segundo Population 6799 8426 On -Sale 1.971 11053 County Average 7 Licenses 8 Licenses On -Sale 1378 1421 El Segundo Ratio 18 Licenses- 20 Licenses - �cxn.vE w E "undue concentration" "undue concentration" Off -Sale 11133 1.1204 County Average 6 Licenses 7 Licenses Off -Sale 1.850 11405 El Segundo Ratio 8 Licenses - 6 Licenses - "undue concentration" no "undue concentration" (Any extra fraction of a license is rounded up) • (Includes new Indian Summer Restaurant at 219 Main Street, Type -41 License) 92 PIPE— T y i 4� 7, �cxn.vE w E EINENCESA APE INTH ST PINE E ^i AVE ". m' G c FRENNLV.EE i g -� o�ooe�vo m WAVE I.NT �yfz WEV PENI J�.�1 x g i NOT TO SOME CITY OF EL SEGUNDO CITY MAP 92 ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICTS (RD) Wm RD 101 102 103 104 105 106 107 PART I CRIMES 35 18 07 18 10 07 63 ARRESTS 15 13 09 04 01 02 32 TOTALS 50 31 16 22 11 09 95 PERCENT +/- 92 19 -38 -15 -58 -65 265 108 12 26 38 46 109 04 04 08 -69 110 08 03 11 -58 111 02 17 19 -27 11 30 35 65 150 113 23 26 49 88 114 01 06 07 -73 115 05 05 10 -62 116 01 12 13 -50 ?01 20 07 27 04 102 08 15 23 -12 '03 10 11 21 -19 '04 19 09 28 08 05 16 02 18 -31 06 15 05 20 -23 07 21 11 32 23 08 24 03 27 04 09 29 11 40 54 10 35 11 46 77 11 30 05 35 35 93 212 34 18 52 100 301 21 12 33 27 302 25 04 29 12 303 15 15 30 15 304 02 05 07 -73 305 10 08 18 -31 306 08 02 10 -62 307 00 03 03 -88 308 40 20 60 131 309 11 02 13 -50 310 10 01 11 -58 311 18 02 20 -23 312 04 00 04 -85 313 09 09 18 -31 314 61 10 71 173 315 08 07 15 -42 316 14 02 16 -38 317 14 17 31 19 318 27 17 44 69 319 52 12 64 146 320 09 07 16 -38 321 07 00 07 -73 322 08 01 09 -65 323 07 01 08 -69 124 00 12 12 -54 'OTALS 885 487 1372 Jumber of Report Districts = 52 Overage # of Part I Crimes per Reporting District = 17 average # of Arrests per Reporting District = 9 average # of Crimes and Arrests per Reporting District = 26 RE �_��j 5L /, �_ x DO I 4 } ��� �J �a.. Assembly Bill No. 2897 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Govemor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSELS DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrowers license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. The people of the State of California do enact as follows: SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an 96 94 110 Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 239581 "undue concentration" means the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent eregrpr nt her of reported crimes. as defined in subdivison (c), thaw the average number o reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to popula= in the census tract or census division in wFuch the app cant premises are located exceeds the ratio of on -sale rpta,l lirpmos to nonulation tlLthe county m which the applicant premises are locates. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to o ulati m the census tract or census 'vision in %viuch the applicant premises are located exceeds the ratio of off -sale premises are iocatea. , (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. ic) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) , that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. 94 140 07 -3— Ch. 630 (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general). (B) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for tram), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden), and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement). (6) A "premises to presses transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. 0 94 160 98 &.03 t23 /.KI.0 UCTADer 123, 1`0`14 In bill text, brackets h e special meaning: [A> <A] contains added text, and [D> <D] contains deleted text. California 1993 -94 Regular Session Enacted ASSEMBLY BILL No. 2742 CHAPTER 629 Lee rage a An act to amend Sections 23987, 24013, and 24200 of, and to add Section 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSEL'S DIGEST AB 2742, Lee. Alcoholic beverages. Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, and legislative body of an a lication f sfer o u�or_lic� nom_. and prohibi s e Department of Alcoholic Beverage otrol from issuing or transferring a license until at least 30 days after these notices are provided. This bill would to also of the iicense or lcense transfer application, and would allow any local law enforcement agency that is so notified to ra a n t =n extensio n of the 30 -day waiting period for a period not to exceed a additional 20 days. Existing law provides that protests acainst the issuance of a liquor license may be filed with the Department of Alcoholic Beverage Control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified. This bill would r ire he De artm t Alcoholic Bever Control, if, after roves igat on, it recommends that a license be issued notwit standing a protest by a public agency, a public official, or the governing body of a city or county, to notify th aaencv. official, or governing body in wiitin of its determination and the reasons therefor, in conjunction IEK a notice of hearing provided to the protestant, as specified. i Existing law establishes various matters, including a licensee's lure to take reasonable steps to correct a nuisance on the licensed premises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the 99 AB987.RCD UCLODer 18, 1994 rage o -i suspension or revocation t. - a liquor license. This bill would, as provided, establish a licensee's failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a new crime, this bill would establish a state - mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: 23987. Upon the receiipt b the de artment of an on inal am ap lica ion or any license or an app or trans er of any icen�itten notice thereof, consisting of a copy of the application, shall immediately be mailed by the department to the sheriff, chie o oolic� end district attorney of the locality in which =he premises are si used, to the cit or count to , whoever has jurisdiction, the boar o supervisors of the county in which the premises are situated, if in unincorporated territory, and to :he city council or other governing body of the city in which the )remises are situated, if within an incorporated area. No license -shall he .sanuuad or transferred by the department until at eafT 38'da s after the mailing by the department of the notices 'equired by this section. The department may extend th 30 -da period ;pecified in the preceding sentence for a period exceed additional 20 days, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper rrounds for extension are limited to the requesting agency or official Being in the process of preparing either a protest or proposed - onditions with respect to the issuance or transfer of a license. ems. GMMMr SEC. 2. Section 24013 of the Business and Professions Code is mended to read: 24013. (a) Protests th i ed t any office of the department at ny time within rom days fe first date of posting the notice of 100 AB987.RCD UcLooer 18, 1994 rage o -.) intention to engage in the sale of alcoholic beverage- at the premises, or within 30 days of the mailing of the notification pursuant to Section 23985.5, whichever is later. va vmw� (b) The department may reiect protests, except protests made by a_ of a city or county, if it determines the protests are false, vexatious, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24016 or 24300. If, after notwithstanding a protest by a pu is agency, a public official, or the governing body of a city or county, the dep�artmentshail notify the a� official, or governing body in writino of is determination and hNe reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section and issues a license a a whose protest has been rejected mav_ within 30 a s after the issuance of the license, file an accusation with the department alleging the grounds of protest as a cause for revocation of the license and the department hall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Par��'i�of Division 3 of Title 2 of the Government Code. (c) Nothing in this section shall be construed as prohibiting or restricting any right which the individual making the protest might have to a judicial proceeding. SEC. 3. Section 24200 of the Business and Professions Code is tended to read: 24200. The following are the grounds that constitute a basis for the suspension or revocation of licenses: (a) When the continuance of a license would be contrary to public welfare or morals. However, proceedings under this subdivision are not a limitation upon the department's authority to proceed under Section 22 of Article XX of the California Constitution. (b) Except as limited by Chapter 11 (commencing with Section 24850) and Chapter 12 (commencing with Section 25000), the violation or the causing or the permitting of a violation by a licensee of this division, any rules of the board adopted pursuant to Part 14 (commencing with Section 32001) of Division 2 of the Revenue and Taxation Code, or any rules of the department adopted pursuant to the provisions of this division, or any other penal provisions of law of this state prohibiting or regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic beverages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in obtaining a license. (d) The plea, verdict, contendere to any public o leral law prohibiting or possession, or giving away liquors or prohibiting the containers charged against or judgment of guilty, or the plea of nolo Pfense involving moral turpitude or under any regulating the sale, exposing for sale, use, of alcoholic beverages or intoxicating refilling or reuse of distilled spirits the licensee. 10i AB987.RCU Ucrober 18, 1994 rage o -4 (e) Failure to take reasonable steps to correct objectionable conditions on the licensed premises, including the immediately adjacent - area that is owned, leased, or rented by the licensee, that constitute a nuisance within a reasonable time after receipt of notice to make those corrections from a district attorney, city attorney, county counsel, or the department, under Section 373a of the Penal Code. For the purpose of this subdivision only, "property or premises" as used in Section 373a of the Penal Code includes the area immediately adjacent to the licensed premises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises and constitute a nuisance, within a reasonable time after receipt of notice to correct those conditions from the department. This subdivision shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice upon its own determination, or upon a request from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that persistent objectionable conditions are occurring on the public sidewalk abutting the licensed premises. For purposes of this subdivision: (1) "Any public sidewalk abutting a licensed premises" means the publicly owned, pedestrian - traveled way, not more than 20 feet from the premises, that is located between a licensed premises, including any .immediately adjacent area that is owned, leased, or rented by the licensee, and a public street. (2) "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) When determining what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (g) Subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23038, that is so operated by a retail on -sale licensee; a hotel, motel, or similar lodging establishment, as 1`2 AB987.RCD October 18, 1994 Page b -D defined in subdivision (b) of Section 25503.16; a wince growers license; a licensed beer manufacturer, as defined in Section 23357; those same or contiguous premises for which a retail licensee concurrently holds an C, -sale retail beer and wine license and a beer manufacturer's license; o_ chose same or contiguous premises at which an on -sale licensee who is licensed as a bona fide public eating place as defined in Section 23038, a hotel, motel, or similar lodging establishment as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, sells off -sale beer and wine under the licensees's on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions Code, to read: 25612.5. (a) This section shall apply to licensees other than a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16; a wine growers license; a licensed beer manufacturer, as defined in Section 23357; a retail licensee who concurrently holds an off -sale retail beer and wine license and a beer manufacturer's license for those same or contiguous premises; and a retail on -sale licensee who is licensed and operates as a bona fide public eating place, as defined in Section 23038, or as a hotel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503.16, a licensed beer manufacturer, as defined in Section 23357, or a wine growers license, who sells off -sale beer and wine under the on -sale license on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of the public health, safety, and welfare to adopt operating standards as set forth in this section for specified retail premises licensed by the department. The standards set forth in this section are state standards that do not preclude the adoption and implementation of more stringent local regulations that are otherwise authorized by law. (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following: (1) A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be postea in a' -place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request from the local law enforcement avencv in whose is ion the premises are ocate , that is s ppou is s� ubstantial evidence that there is loitering adjacent to the premises. (2) A prominent, permanent sign or signs stating "NO OPEN ALCOFOLIC B INER'+ ARE ALLOWED ON THESE PREMISES" shall be postea in a place than is c cal visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be It -mined by the department. This paragraph shall apply to a licensee :)n_1 upon written notice to the licensee from the department. The 9epartment shall issue this written notice one upon a request, from the Local law enforcement aQencv in w oFi—se iuris�cictlon a Dremises are 1�� "987.RCD October 1a, 1994 rage o -o located, that is supporte. by substantial evidence t1, c there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 120 hours of application. (7) No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off -sale premises (or located in an adjacent area under the control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. S. No reimbursement is required by this act pursuant to Section 6 of Article XIIIH of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT 104 15 Request to appoint a new City Commission entitled "THE LAX MASTER PLAN ADVISORY COMMISSION " Recommendation - Discussion and possible action. 105 15 16 Report on Downtown Projects. "' 16 Proposal to Prepare the Downtown Specific Plan for the City of El Segundo Submitted by. EIP Associates 11601 Wilshire Boulevard, Suite 1440 Los Angeles, California 90025 (310) 268 -8132 mce (310) 268 -8175 facurmile Contact•. Mr. Elwood C. Tescher, AICP Director of Urban Planning and Design Emad• wtescher@earthlmk.net March 12,1999 EIP 5 1 1 0( I i I i I 1999 March 12, 1999 Bret Bernard, AICP Director of Planning and Building Safety City of El Segundo 350 Main Street El Segundo, CA 90245 -0989 Subject Proposal to Prepare the Downtown Specific Plan for the City of El Segundo Dear Mr Bernard EIP Associates (EIP) is pleased to submit this proposal to the City of El Segundo for die preparation of a Specific Plan for the Downtown Commercial District (CR -S zoning district) It is submitted in response to and addresses all requirements of your request for proposal (RFP) received on February 11, 1999 The Specific Plan offers the opportunity for El Segundo's residents, business community, city and elected officials to create a comprehensive document that addresses the land use, urban design, environmental impact, and transportation, circulation, and parking issues, as well as develops a renewed interest in vitalizing the Downtown We are enthusiastic about facilitating and assisting the City staff in the preparation of the Specific Plan Thank you for the opportunity to continue developing the "vision" for the City Sincerely, EIP ASSOCIOI'ES Elwood C Tescher, AICP Vice President WT ph Table of Contents 1. Introduction 1 2. Relevant Experience in Managing Projects 2 3. Record of Past Performance 3 4. Proposed Approach to the Work 4 5. Approach to Work with the City Staff 7 6. Technical Qualifications 9 7. Qualifications of All Subconsultants 14 8. Proposed Budget (UNDER SEPARATE COVER) Example of Work Product East Village Arts Distnct Guide for Development 0 LLJ EIP Associates t This proposal is submitted by EIP Associates (EIP) in association with Gladstem & Associates (G&A) and Keyser Marston Associates (KMA) to provide the services to assist the City of El Segundo in the preparation of a Downtown Specific Plan. It is the intent of the Specific Plan to define a comprehensive mire of land use, urban design, circulation, parking, economic development, and programming strategies that lead to the re- emergence of the Downtown as the functional and symbolic core of the community. These will build upon the Visions defined through the input of a community advisory committee during the fall of 1998, with consulting services provided by both G&A and EIP staff. We understand that this will be a collaborative process in which City staff has the primary responsibility for the authorship of the Specific Plan and the consultant is used to advise staff regarding creative techniques for effective revitalization, as well as to provide technical input in support of the Specific Plan. We will also collaborate with the City's traffic consultant and other contractors involved in ongoing programs that are integral to the success of the Downtown. EIP will assign Elwood C. Tescher, AICP to serve as the overall protect manager and contribute principal urban planning and design services. G&A will assign Dennis Zane to contribute his vast insights regarding development, economic, programming, and other tools for community revitalzation Technical input regarding financing methods will be provided by James A. Rabe of KMA. Each of the three principal consultants has a depth of professional personnel within their respective firms to support their efforts as need for the El Segundo work program. EIP Associates i Mssrs. Tescher, Zane, and Rabe have focused their work on revitalizing communities throughout the State of California and managed numerous comparable work programs. Cameo descriptions are provided with full resumes located in Section 7, Qualifications of the Subconsultants. CONSULTANT STAFF Representative recent assignments completed by Woodie Tescher include the Long Beach East Village Arts District Guide for Development, Manhattan Beach Downtown Visioning Plan, Burbank Magnolia Park Neighborhood Revitalisation Plan, Costa Mesa Westside Specific Plan, Glendale Model Neighborhood Plan, Agoura Hills Downtown Village Concept Plan, Big Bear Lake Moonndge Corridor Plan, and Los Angeles General Plan Framework (which targeted the re -use of the City's commercial centers and corridors into a system of neighborhood centers). Mr. Tescher served as the consultant project manager in the preparation of the Santa Monica Third Street Promenade Specific Plan. In addition to his planning and design skills, Mr Tescher has been widely recognized for his successful techniques in community involvement and consensus - building, which has been integral to each of the above projects. Dennis Zane developed his skills in building successful downtowns by doing it. As council member and mayor of the City of Santa Monica, Dennis provided leadership well beyond the customary role of elected officials in the planning and creation of the Third Street Promenade. He was responsible for building the necessary consensus among key constituencies and stakeholders as well as among his colleagues on the City Council, often identifying the key strategies and preparing the key documents that directed the course of the Promenade, as well as recruiting development proposals upon which much of the Promenade's ultimate success was built. In addition, Dennis recently provided consulting services to the City of El Segundo managing the process to develop the Downtown Task Force Statement of Vision for Downtown El Segundo. He is very familiar with the issues involved in the development of Downtown El Segundo, as well as with important leaders in the community. James A. Rabe, a principal of KMA's Los Angeles office, has more than 20 years experience providing clients with municipal finance and real estte services. These include public finance, fiscal impact, financial modeling, developer selection, deal structuring, and transaction negotiation. He collaborated with Mr. Tescher in the preparation of the Long Beach East Village Arts District Guide for Development and has also been involved in the "repositioning" of the Glendale Fashion Plaza and analyses for the Playa Vista Dream Works project. EIP Associates 2 We believe the most accurate measure of the quality of our work is the references we receive from our clients. With this in mmd, we encourage the City to contact our clients regarding the caliber of our performance, which are presented below. EIP ASSOCIATES /ELWOOD C. TESCHER Barbara A. Kaiser, Redevelopment Bureau Manager City of Long Beach, 562.570.6340 Prgect: East Vike Arts Distna Grade for Detekpment (Example enclosed) 2. Rick Pruetz, AICP, Chief Assistant Community Dev t. Director City of Burbank, 626.953.9586 Project Burbank Magnoha Park 3. Mark Wmogrond, AICP, Director of Community Dedt and Redevelopment City of Culver City, 310 253.5700 Project. GLADSTuN & ASSOCIATES/DENNIS ZANE 1 John Jahli, City Manager City of Santa Monica, 310.458 8303 Prrqjea.� Third Street Promenade 2. Peggy Curran, City Manager City of Telluride, Colorado, 970.728.3071 Project: Third Street Promenade 3. Robert Resnick, President, RDR Properties, former President Bayside District Corporation, Santa Monica, 310.657.7999 Project: Third Street Promenade EIP Associates 3 The City of El Segundo seeks the services of consultants to assist the City staff in the development of a Specific Plan for Downtown El Segundo, addressing such issues as land use mix and distribution, urban design, sign and facade design, vehicular and pedestrian circulation, parking, needed public improvements, environmental review, and the development of implementation strategies. Importantly, the City does not seek a consultant to convene an independent team of professionals with relevant specialties, as has been typical of Specific Plan development in many communities. Rather, the City seeks consultants to assist and advise the work of its own City staff in preparing the relevant studies and documents. As such the consultant will loin the City team as a member rather than convening and leading a separate team. As described in the RFP, the degree to which the consultant is involved with certain specific tasks will vary during the course of the work program and will be at the direction of the City staff. This is an arrangement, which we believe we can work well provided that efforts are made to assure that each team member has a clear set of responsibilities and a solid working rapport ensts between team members. Our previous experience working with the community members and City staff on the development of the Statement of Vision for Downtown El Segundo gives us confidence that this approach can work well in El Segundo The role of the consultants sought include providing relevant technical information, making unbiased recommendations on issues before the City, helping the City staff to build consensus and assisting the City staff to facilitate public meetings, as well as preparing recommendations for design standards for signs, facades and other urban design elements, and providing creative solutions to land use issues. SCOPE OF WORK The specific work scope will be formulated in collaboration with City staff, but may be anticipated to include 1. Review of a variety, of studies and documents previously prepared for the City and relevant to the future of the Downtown, as specified; and preparing a written evaluation of those to: • Identify policy and program areas that need enhancements or modifications; and • Identify funding sources that might be available for implementation of Specific Plan policies and programs (Business Improvement Distracts, Community Facilities District, municipal bonding and so on). EIP Associates 4 2. Meet with City staff and significant stakeholders in the community to review issues, to generate dialogue and to receive input and direction. This may include participation in the formulation and conduct of public participation programs, as described below. 3 Assist the City staff as directed in the preparation of the Specific Plan including activities to: • Assure consistency with the City's General Plan. If appropriate, this may include recommendations for concurrent General Plan changes to reflect Specific Plan recommendations. Identify planning goals, objectives and policies for future development. ■ Assess opportunities and constraints for various land uses and businesses and make recommendations for optimal land use mix in the downtown including commercial, retail, civic, housing, and mixed -use developments. This will identify a comprehensive land use strategy for the overall area and the identification of specific uses and densities for "targeted" locations within the Downtown. The former may include a more restrictive list of uses than the General Plan and zoning land use categories to reflect the unique attributes and achieve objectives for the Downtown. For example, the list of uses that can be accommodated along Main Street may be limited to those that foster pedestrian activity (e.g., not offices). For the latter, emphasis will be placed on the identification of key "anchor" projects whose use and scale will uniquely attract and stimulate further revitalization Specific changes of the City's zoning ordinance will be drafted. As a component of this task, we will examine the appropriateness of the intensification of housing m or immediately adjacent to Downtown to increase its customer base and activity. This would consider the feasibility of integrated mixed -use housing and commercial /office projects, as well as the traditional freestanding housing Housing evaluations will be coordinated with the City's Housing Element consultant (CBA and Karen Warner). • Identify opportunities and strategies to encourage adaptive reuse of existing facilities, such as the vacant Ralph's grocery store and existing historic buildings along Richmond Street. • Develop appropriate development standards for the Downtown District including density/ intensity, heights, property setbacks, landscape, parking, signage, lighting security, access, and similar features. • Identify appropriate boundaries for the Downtown, reflecting the scale of area sufficient to create a "critical mass" of activity and identity, as well as to realistically reflect potential market capture. • Develop a high quality land use and design identity for the Downtown. This will specify design guidelines for, both, private property development and the public streetscape. The former will EIP Associates 5 include design standards for building facades (architectural character, materials, fagade "transparency," building modulation and articulation), sign standards (possibly a specific sign program for downtown), landscape, and similar elements. The guidelines will be illustrated graphically by the use of rendered photographs illustrating "before" and "after' conditions. We will, also, provide input for a comprehensive streetscape improvement plan for the Downtown. To improve Downtown's pedestrian character, this may involve the widening of sidewalks, narrowing of crosswalks (with "pull- outs', diagonal parking, and installation of new street trees, planters, other landscape, street furniture, pedestrian- onented lighting, public signage, public art, and other amenities. Changes that affect traffic conditions in the Downtown will be coordinated with the City's Circulation Element consultant (Meyer, Mohaddes Associates). We will prepare design guidelines for the improvements, as well as illustrative plans and sketches of "before" and "after" conditions Generalized cost estimates will be prepared at the City's request. 4. Assist in the development of an implementation plan for the Downtown Specific Plan, including the identification of possible financing mechanisms, business retention and recruitment programs, marketing strategies, events programming, and sumidar actions 5 Assist in the development of an appropriate project review process that can be incorporated into the Specific Plan, including the consideration of strategies to expedite the approval of projects that are consistent with the Plan and will be instrumental in stimulating revitalization. 6. Assist in the development of a program for generating greater interest in the downtown among residents, businesses, and employees in El Segundo 7. Assist in the development of environmental review documents, as needed. This will be coordinated with the environmental review documents being prepared by EIP for the updated Circulation Element. EIP Associates 6 The two key project staff, Woodie Tescher and Dennis Zane, each have long histories of work with city professionals on economic development, downtown revitalization, and urban design projects. Each is accustomed to the kind of rigorous give and take expected in a professional environment. Each is well experienced in taking leadership, where that is required, and in playing a support role where that is required. In this project, as envisioned by El Segundo and reflected in the RFP, both approaches are anticipated, varying from program area to program area. It will be important that the City staff establish clearly from the outset how direction and assignments are to be given so that all participants are clear about their role and confusion in assignment of responsibilities is avoided. While Mssrs. Tescher and Zane should be viewed as a team, we anticipate a division of labor between them. This division is not a bright line, but rather areas of emphasis. ■ Woodie Tescher will serve as lead consultant on the RIP /G&A team. He will be principally responsible for overall management of consultant activities and responsible for all issues related to General Plan consistency, project review processes, design identity, facade and signage design, streetscape and public amenities, as well as circulation issues and environmental review. Dennis Zane will be responsible for assisting in the design and facilitation of the public participation program, overall development strategy, assessing opportunities and constraints for various land uses and businesses, make recommendations for optimal land use mix and development standards, Specific Plan implementation strategies, and housing issues. While it will be necessary from time to time for both Mr. Tescher and Mr. Zane to be present at certain meetings with City staff and community members, we expect that this may not normally be the case. In general, we will take direction from the City staff on this matter. APPROACH TO CommuNITY PARTICIPATION We will work closely with the City in designing and implementing a program to effectively engage the community in the planning process. This could involve a diversity of activities including community wide workshops; workshops targeting specific neighborhoods or interests; communication of information by newsletters, on a Web Page, and /or cable television; use of newspapers and other media; one- on-one meetings; and other techniques. The City may also, or in -lieu of, desire to continue the involvement of the Downtown Task Force in developing the Specific Plan. The residents and business community members who participated in the Downtown Visioning EIP Associates 7 Process have developed a level of expertise on the challenges and opportunities before the Downtown, and have been through the give and take of seeking solutions. They are a key resource, providing the process its ears and eyes within the community, allowing the city to hear concerns early, before they fester, and helping to define solutions. In addition, Task Force members are key sources of both legitimacy and integrity as well as homegrown creativity. Mssrs. Tescher and Zane will provide a high level of expertise in assisting the City to design a public involvement program that engages El Segundo's residents, businesses, and property owners in the planning process and builds consensus for its recommendation. Our previous efforts have been recognized for the innovation in the use of highly "participatory" techniques that assure participants that their voices have been heard and successfully influenced the ultimate planning and design document We have also been recognized for our success in the design of outreach methods to secure the participation of the community, including many groups that do not normally participate in planning process (as demonstrated by the 1,500 participants in a single neighborhood workshop for the Glendale Model Neighborhood Planning Program). This experience and success will help us advise the City in the structuring of a well - facilitated public participation process that will allow conclusions to emerge from among its participants and thereby helping to assure community buy -in with the results of the process. EVALUATION OF MEETINGS PROPOSED AND ALTERNATIVE SUGGESTIONS Based on our experience, the scope and the number of meetings proposed generally seems realistic. However, there is no specific allocation of meetings with the Downtown Task Force or involvement of the Task Force in public workshops. It is our view that such involvement would be essential. We encourage the City to provide for three or four community workshops with the Downtown Task Force during the term of the contract EIP Associates 8 Section 6: Technical Qualifications The project team is familiar with the City of El Segundo and has an exceptional understanding of community and regulatory concerns. We have included relevant project experience for your consideration. Long Beach East Village Arts District Guide for Development, City of Lang Beacb Redevelopment Agency EIP staff managed a team of architects and economists in the formulation of a comprehensive strategy for the revitalization of an ill- defined and deteriorated portion of downtown Long Beach as a district and vital arts- oriented district. While the Guide's focus is on the attraction of artists and arts organizations into a highly active, pedestrian- onented community, it recognizes the opportunities to intermix these uses with improved residential neighborhoods and link with the adjacent Convention Center, Aquarium, and tounst- onented coastal uses. The Guide is structured at two levels: a comprehensive framework for the entirety of the area correlated with specific short- and midterm implementation strategies, some of which were initiated as the Guide was being written. Abroad range of physical, regulatory, financial, and programmatic actions are prescribed. These include the identification of adaptive re -use sites and buildings (including live /work facilities for artists and neighborhood communal services); construction of new mixed use developments; parking, traffic, and street scape improvements; new parks including a central "arts park ", revisions of City codes and ordinances to accommodate hve /work facilities and pedestrian- onented development establishment of a local marketing and promotions program, involvement and coordination of local organizations; improvement of public safety; property maintenance; and a detailed financing program. A Steering Committee composed of City staff, local residents and organizations, and representatives of the arts community was integrally involved in the formulation of the Guide. Additionally, workshops were conducted to provide opportunities for mput from a broad spectrum of the community. The Guide has been enthusiastically endorsed by the Community and Redevelopment Agency. Its success is visible in a number of projects that are now under construction in the East village and the City's commitment to implement its recommendations. The Guide received the Outstanding Planning Achievement for a Focused Issue Award from the Los Angeles Section of the American Planning Association. Santa Monica Th&d Street Promenade Specific Plan, City of Santa Monica and Third Street Development Corporation Extensive public workshops were conducted by EIP staff in the City of Santa Monica during the formulation of a revitalization plan for the City's Third EIP Associates 9 Street Mall. Workshop participants were actively involved in defining the vision and objectives for the mall's future using "hands -on" oversized base maps and three - dimensional planning aids. The City's adoption of the Specific Plan contributed to the establishment of a pedestrian- onented mixed -use center which has become a focal point of the City's activity. Magnolia Park Revitalization Program, City of Burbank EIP staff managed a multi- duciphnary team in the preparation of a revitalization concept for the Magnolia Park community in the City of Burbank. The area is crossed by two arsenals (Magnolia Boulevard and Hollywood Way) along which commercial uses were developed in the 1940s and 1950s to serve surrounding residential neighborhoods and highway users Comparable to other linear corridors in Southern California, these areas deteriorated in the 1960s and 1970s as commercial uses re- located to larger commercial centers. It is the intent of the planning program to define strategies by which the corridors may be revitalized as more active "downtowns" for the surrounding neighborhoods These encompass the establishment of distinct subareas and districts along the corridors which are differentiated by function, use, activity, and physical form and character, attraction of "anchor" development projects which will stimulate new community activity, provision of additional parking, and unplementation of streetscape amenities (landscape, street furniture, aesthetic paving of sidewalks and street crossings, pedestrian- oriented signage, and other elements). Initial conceptual planning has been followed by the formulation of a precise development plan for a mixed -use "anchor" project located at the Magnolia - Hollywood Way intersection. It establishes a physical plan for development to reflect market economic studies that identify the range of appropriate uses, including considerations of budding size and siting, architectural design, parking, inclusion of pedestrian- onented amenities that provide connections to peripheral sidewalks, signage, landscape and other elements. This plan is intended to function as a development program that will be issued to solicit interest from prospective developers. Agoura Pillage Vision Plan, City ofAgoura Fulls EIP staff in association with Siegel Diamond Architecture prepared a concept plan for the revitalization of Agoura Hills' primary corridor as a mixed -use "village" that would serve as the focal point of community activity and identity. Developed as an automobile - onented suburb, the City desires to create a pedestrian oriented, mixed use place that is distinguished from its prevailing pattern of single use commercial shopping centers. The Vision Plan is intended to provide an unage about the possibilities and set the stage for subsequent market, detailed planning and design, funding, and other implementation strategies. EIP Associates 10 With Santa Monica's Third Street Promenade, Old Pasadena, and the recent Westlake Promenade (Thousand Oaks) as the City's perceived icons for "new downtowns ", the Vision Plan expanded the traditional mix of entertainment, restaurants, and retail to emphasize the inclusion of community - onented services, a new City Hall, public meeting facilities, cultural facilities, inns, housing, and recreational facilities. The latter capitalizes on the corridor's location along the northern frontage of the Santa Monica Mountains with two transversing creeks. Cumulatively, the mix of uses could establish a 24 hour "core" for the community. Conceptually, the Plan provides for the development of a pedestrian- onented corridor linking major entertainment centers located at its eastern (currently developed) and western (pending development application) edges. It will break the continuous corridor into a series of distinct blocks that typify pedestrian downtowns. Buildings would be sited directly along the street with parking located to their rear. Spaces would be developed along their frontages to accommodate outdoor dining, vendors, street performances, and public plazas. One or more major public plazas would accommodate community events. An extensive network of street and property landscape would emphasize plant materials indigenous to the area and maintain its rural character A shuttle system would be implemented to facilitate access among the business and parking structures. Existing drainage improvements would be removed and replaced with natural drainage swales, providing the opportunity to establish a trail system linked to surrounding residential neighborhoods. This would include the possible development of a stable for equestrians Moonridge Specific plant, City of ft Bear Lake EIP staff managed a multi- disciplinary consultant team in the preparation of a Specific Plan and Environmental Impact Report for the Moonndge Corridor in the City of Big Bear Lake. Extending from vacant lakefront properties to and encompassing, the base of the Bear Mountain Ski Resort, the Plan provides for the development of a year -round resort community. Its components include expanded lodging; tourist commercial; skiing facilities at Bear Mountain; a new lake - onented resort (hotel, conference facility, marina, and supporting retail) developed as a pedestrian- onented "village "; expanded golf course and community - serving commercial uses; a business park; full-time and visitor housing; an interconnected system of shuttle buses; and pedestrian and bicycle trails. The Plan incorporates land use, housing, transportation, utilities, landscape, streetscape, environmental resource management plans, development standards, and design guidelines. Formulation of the Plan involved an innovative mule -dap planning and design "charrette" conducted in the community. This involved an iterative cycle of public input sessions and consultant delineation of schematic and EIP Associates 11 design plans, which culminated in the principle land use and design recommendations. City ofBevetly Hills Industrial Area Plan, City ofBevetly Hills EIP staff prepared a Specific Plan for the redevelopment of Beverly Hills' industrial area This Plan called for establishing a mix of uses, including retail, office commercial, and residential. The Plan's objective is to achieve a distinctive new activity center which is linked to, and continues, the pedestrian- onented corridor established in the City's reconstructed and expanded civic Center The Plan integrates detailed specifications for ground floor uses, siting and massing of structures adjacent to sidewalks and public open spaces, architectural design of structures, public streetscape improvements, and public and private signage. Conceptually, the Plan provides for the physical and visual linkage of individual projects into a consistent pattern and structure, thereby establishing an "urban village" environment rather than the traditional collection of separately developed parcels. Key elements of the Plan include a new pedestrian- onented retail and restaurant corridor along Civic Center Drive, which is linked to the new Civic Center Buildings, and a network of pedestrian sidewalks connecting all other uses and sites. Throughout the area, the Plan defines a pattern of property setbacks that maintain budding walls along street frontages, comer setbacks to create visual open space landmarks, and landscape and public amenity improvements. City ofLos Angeles General Plan Framework and EIR A comprehensive plan to accommodate anticipated population and employment growth into the early 21st century. Economic development strategies are correlated with policies and programs for the provision of supporting transportation, utility infrastructure, and public services, improvement of air quality, and enhancement of community livability. The Framework delineates and establishes incentives for "targeted growth areas" (TGAs) in which 75 percent of new housing 90 percent of new retail, and 95 percent of new office development will be focused. These are sited to take advantage of existing and planned transit systems. Standards are prescribed to increase the pedestrian activity and reduce vehicle travel in many of these areas (e.g., mixed use development, pedestnan- onented uses and design, and so on). The TGAs are differentiated to provide living business, entertainment, recreation, and cultural options for the City's multi- ethnic and multi-cultural population. Glendale Model Neigbborbood Planning Program, City of Glendale EIP staff led a team of consultants in the conduct of the "Model" Neighborhood Planning Program for the City of Glendale. Its objective is the identification and implementation of physical, social, and economic strategies to protect and improve Glendale's older neighborhoods. While this program was organized by the City, it is intended that it serve as a framework EIP Associates 12 to empower and mobilize local residents and organizations in subsequent planning programs to shape the future of their neighborhoods. Three innovative work products were prepared that have potential applicability for communities throughout the nation- a comprehensive catalogue of neighborhood enhancement "tools ", guidelines that apply to "tools" to address the needs of a specific neighborhood planning process that can be used by other neighborhoods throughout the City. The Neighborhood "Tools" catalogue is organized by land use and zoning; traffic, parking and streetscape; community facilities and services; neighborhood associations; and neighborhood compatibility strategies. The demonstration "Model" Neighborhood Guidelines focus on the establishment of a multipurpose community center involving expanded school and park facilities, as well as establishment of a centralized neighborhood association to address local issues. The derivation of the Neighborhood "Tools" and "Model" Neighborhood Guidelines involved an extremely successful public involvement program. The three workshops were conducted in English, Spanish, and Armenian and attracted 1,500, 600, and 800 participants from the neighborhood Manhattan Beach Downtown Strategic Action Plan, City ofManhattan Beach EIP staff supported Moore Iacofano Goltsman in the formulation of a Strategic Action Plan for Manhattan Beach's Downtown. This program deviates from the norm of revitalization planning for community downtown by focusing on the identification of strategies to ensure the protection for an existing, economically healthy, and pedestrian active downtown. It recognizes that without such protections, its current success could easily be eroded by over - development, changing commercial markets, traffic congestion, deficient parking, and the conflicts between businesses and residents, which has occurred in the Westwood and Melrose distracts of Los Angeles. EIP staff assisted through the identification of land use, urban design, regulatory, administrative, organizational, private -public partnerships, and business promotional strategies. EIF Associates 13 Qualifications and resumes are provided for each consultant on the team EIP Associates ■ Woodie Tescher, AICP Goldstein & Associates ■ Dennis Zane Keyser Marston Associates a James Rabe EIP Associates 14 ou 1,,sion I' It ,sociates' mission is to work with our clients to resolve difficult ui, .nmental planning and regulatory challenges, resulting in balanced decisions, bit public policies and successful projects EIP is recognized for OUTSTANDING CLIENT SERVIC I, HIGH QUA[ ITY TECHNICAL PRODUCTS, AND TEAMWORK AND COMMUNI( ATION Client Sail, fiction Ch satisfaction is the cornerstone of our business At EIP, we work as partners other Sarvlees wit or clients to understand their needs and ensure that our services make a we offer our clients a po• e contribution The experience and skill we bring to each assignment complete range of puc tees a flexible and efficient work effort We tailor this approach to meet our in house, coordinated consulting services clt( objectives and to satisfy regulatory requirements CLOA tlEPA, Doo'mn oon Ell vork is distinguished for its technical excellence, creativity and usefulness uml.,g 'al ricsou'ceo Ch . recognize the quality of our products and regularly return to use our Hamtar Rastmahon ser s Regulatory agencies respect the technical accuracy and excellence of our N,nn.,t ronsarvaaion wo EIP has received numerous awards from professional associations, Inc ng the American Planning Association, the Association of Environmental 'waror Re�ow cec PI c .ionals, and the American Society of Landscape Architects eaaogw,d sods ConshubhOnM16it)gatwn I l , Team At ', we keep pace with rapid changes affecting planning and environmental Nomtonng pol , and regulations in the communities where we work Our multi- urbao z negwnol dis, wary team of professional planners and environmental scientists is well Mannino a oasign v( r in the most current analytical methods and tools available for each project o. n,ographns z Ecunonocs E Q reject managers and technical staff provide creative, pragmatic, and Agenay co ^ ulao n RryPnoat mg a eco nically feasible solutions to environmental management challenges We are ouhha lr o.W main s i eci i zed specialists in the California Environmental Quality Act, the National saaenahon En, oriental Policy Act, the Clean Water Act, the state and federal endangered PuotPo uoann and l spe acts, California planning, zoning, and redevelopment law, the state and IlaosIment led- I clean air acts, the state and federal historic preservation acts, and other i eg, I ions requiring environmental compliance expertise I CORPORATE PROFILE Our Clients Since 1968, we have successfully served numerous governmental agencies and private entities throughout the West Our award - winning projects cover the spectrum of possibilities, from small and focused to large and complex EIP provides services to a wide variety of public and private sector clients CITIES AND COUNTIES STATE AND FEDERAL AGENCIES SPECIAL DISTRICTS WASTEWATER AND WATER RESOURCE AGENCIES FLOOD CONTROL AGENCIES TRANSPORTATION AGENCIES PORT AUTHORITIES REGIONAL PLANNING AGENCIES DEVELOPMENT COMPANIES ET 1 UTILITIES AND ENERGY COMPANIES COLLEGES AND UNIVERSITIES HOSPITALS AND MEDICAL CENTERS ARCHITECTURAL /ENGINEERING COMPANIES LAW FIRMS BIOTECHNOLOGY /RESEARCH AND DEVELOPMENT COMPANIES TELECOMMUNICATION COMPANIES MINING COMPANIES SncllAMrnIII SAN FRA rv<nco Los ANIfI15 1200 Sc.nnd Street, Suite 200 601 M on1,utery Ste,, Suite 500 11601 Wdshue Roule... d Suite 1440 1.cnmenro, CA 95814 Sn1 Francisco CA 94111 Los Angeles CA 90025 Tel 916 325 4800 Te[ 415 362 -1500 T l 510 269 8132 /n, 916 325 4810 Tax 415 362 1954 1— 310 269 -8 175 T mnd 5uC cipa. oaam.wm E and 401,. ...a,n..,n [mnd IaC et, u,u,iar ,.om a Balanced Solutions EIP Associates formulates urban planning and design strategies to Improve the livability and image of our communities We meet our clients' objectives and build project consensus by engaging diverse constituencies and decision- makers early and consistently throughout the planning process Our planning solutions are innovative, respectful of property owners' interests and public fiscal responsibility, and satisfy applicable regulatory requirements Over the years, we have achieved an outstanding record of implementation Our7eam EIP's team is composed of policy planners, urban designers, environmental Other Services resource managers, economic development specialists, and public participation M offer ourchenis a facilitators Our team's success can be measured through the acceptance of our complete range of recommendations and by the positive physical changes that are made in the in house coordinated consulting services communities where we work We continue to receive repeat business from our C2ONNFII clients based on these successes Our plans have received numerous honors and oOCeh""tat1O" awards from our professional peers taologacai Resource. . HabF ^t Restor otion Our Capabilities EIP believes that planning makes a real difference in the quality of life and vitality Habitat consareation of our communities We address community issues creatively, balancing public Pians input with economics, the environment, and human need As a result, our plans vaator Reso„reaa are realistic and attainable They meet the challenges facing our communities, Geology and situ, whether they are urban revitalization, resource protection, or the fiscal needs of local government conso-au�oNm�ngac�on lylomtormg Urbana Regional EIP provides our clients with a comprehensive range of professional planning and P'a ""'ng a nes,n design skills Each project is managed by a professional with a demonstrated ucmograpmc., x ability to meet client needs, to achieve program objectives, and to work effectively tconomers in a team environment agency coo rinno on s Regulatory Permetbng EIP's planning philosophy recognizes the need to balance and reconcile the often Public Involvement 3 r.r,htahnn conflicting agendas of diverse community constituencies We understand that each Public Health and Resk party involved in the urban planning and design process has a different set of a.,Sessmom values and priorities Our interest -based approach assures all participants that their voice has been heard and has influenced the final product "EIP URBAN PLANNING AND DESIGN ORBAN I -ORM ELFMENTS �Ua.� -1.11 lux— luT611ni IS ouN .I w�1 .�"�'•� ��yS '� ���'NA EIP provides the following Urban Planning and Design services Policy Plans Development Regulations and Guidelines COMPREHENSIVE GENERAL PLANS MUNICIPAL CODES/ZONING ORDINANCES INDIVIDUAL MANDATED AND PERMISSIVE ARCHITECTURE AND DEVELOPMENT GENERAL PLAN ELEMENTS DESIGN GUIDELINES COMMUNITY AND NEIGHBORHOOD PLANS STREETSCAPE DESIGN GUIDELINES SPECIFIC PLANS SPECIFIC PLANS STRATEGIC ACTION PLANS LOCAL COASTAL PLANS Implementation Programs URBAN DESIGN PLANS GROWTH MANAGEMENT PROGRAMS REVITALIZATION PLANS DEVELOPMENT - PUBLIC INFRASTRUCTURE GROWTH MANAGEMENT PLANS AND SERVICES CONCURRENCE PROGRAMS REGIONAL COMPREHENSIVE PLANS DEVELOPMENT AND ENVIRONMENTAL MONITORING PROGRAMS Prgect Entitlement DEVELOPMENT APPLICATIONS ENTITLEMENT FACILITATION AND SERVICES PERMITTING Development and Master Plans SITE DEVELOPMENT MASTER PLANS SPECIFIC PLANS DESIGN GUIDELINES AND DEVELOPMENT STANDARDS URBAN DESIGN PLANS Efl Public Involvement Programs VISIONING PROCESSES PUBLIC WORKSHOPS PLANNING AND DESIGN CHARETTES MEDIA PROGRAMS NEWSLETTERS INTERACTIVE CD -ROMS SAI aSnILVIU SIN FIArvoS10 LIIS ANiA I IS 1200 ScmnJ Snal Surt, 200 601 Muuvl, ,uc, Svatt Suit, ,00 11601 WJsh as Boulo aid Suit, 1440 SAL nmu)m ( A 95814 Ln InnC¢o ( A 94111 1 m Aa,10 ( A 90025 F,l 916 325 4800 ld 415 362 1500 &/ 310 268 8112 u 916125 4110 lax 415 362 -1954 1 a 110 26R B V S I u tl nI I 'Eupa.au.nru mom / mad hl up,.movc, wm PIP 1" S cl C A 1 I S ELWOOD C TESCHER, AICP Davao, of Urban Planning and Otvign Mr. Tescher bungs more than 25 years of large scale process design and unpleawn ta tion and planning experience to EIP Mx Tescher has received myriad awards from state and local agencies, associations and 1uusdacuons a hecogmtum of his facilitation and planning shills He has facilitated groups of all sizes in a wide variety of venues He nieces a deep and welt- grounded understanding of land use matters with a wamh and sincere persons He is able to foster participation from the most reticent st hkeholder, and is a master at mt"ectmg bounce and anecdote at important moments His grasp of the theory and practice of process design nal facfn coon is apparent by the success of the many complicated planning processes he has designed and successfully anplemented Most recently, Mr Tescher managed the General Plan Framework for the City of Los Angeles, which received the California Chapter of the Anaeuran Planning Association's Award of Excellence in Comprebexruve Plans- -Large Junsdhcuon Additionally, lie managed the peep it ition of Santa Monica's Third Street Promenade Specific Plan TECHNICAL CAPABILITIES Mr Tescher oversees all urban planning and design programs for EIP Associates tlhroughout CaWonua He is recognized for advancing the state-of- the -art in the development and application of planning and design approaches that achieve community visions and enhance the livability of neighborhoods and vitality of commercial and community centers, including pedestrian- oriented, transit, oriented, mixed, live /work, and natficional residential developments He is particulady skilled in the fm n elation of planning and design documents that are effectively and persuasn-eb implemented by public and private clients • Mc Tescher is an experienced and skilled ficiht nor of public involvement programs that reconcile the often conflicting objectives of residents, developers, aid propa rty owners • Conseacrady, he is involved in the coordination of multi- disciplinary teams in challenging complex planning aid design assignments EDUCATION AND AFFILIATIONS Master of Architecture, Urban Design, University of California, Los Angeles Bachelor of Architecture, Umversav of Soudhem California American Institute of Certified Planners American Planning Association California Planning Roundtable USC Architectural Guild AWARDS AND HONORS 1997 Outstanding Planning Aclievement for Comprehensive Planning for the City of Los Angeles General Plan Framework, CCAPA 1997 Outstanding Planning Achievement Award for Comprehensive Planning for the City of Huntington Beach General Plan, Orange Section, APA 1997 Focused Issue Planning Award for the Long Beach East Village Arts District Guide for De%elopmem, Los Angeles Sections, APA 1994 Outstanding Plariung Achievement Award foe Comprehensive Plamnng for the Sin Clemente Gcnerd PI m, Orange Section, APA 1992 Dtmmguhshed PI inner Award, CCAPA 1990 Westshde Pnze for the Santa Monaca Thud Street Promenade, Wc,tsade Urban Fomm 1989 Outstmdmg Planning Achievement Award fox Coinprehensne Plaamang for the City of West Hollywood Ccaerd PI m, CCAPA Awnd of Meat tot the Montezuma Transmission Condor Eavlamuentd Assessment for Pacific Gas and Electric Corridor, APA PIZOJ ECT EXPERIENCE Public 7m oh emeni and Conflict Resolution City of Los Angeles General Plan Framework Cuv tit S iota Momc h Third Street Promenade Specific Plan Cue of Out me Spltc re of Influence General Plan I avtor l' nd Plauimg aad Design Workshop Boyl( Heights Los Angeles Design Action Planning Team Workshop Regioud Urban Design Assistance and Teen Workshops for Downtown Herndon, Vugin a and Thousand Oaks Boulev rid Ccnceal PILm Gary of I us Angeles General Plan Framework \Vest 1 {ulhrnood Genetal Plan Huntington Beacli Genecd Plan Sin Beuh adino Genecd Pl m Ontario Sphere of Influence General Plan Redondo Bca,h General Plan San Clemene Genet Plan Aautic n C uwan Genecd PIui Lane Geaecal Plan Wcsduke Village General Pl ui Pahudale Gene" Plan Anov,, Gtende Cemtal Plan specific Pl ins City of S nit i Alomca -Hand Street Promenade Specific Plan Cite of Inglewood Intemmonal Business Park Specific Plan City of Big Be it Mconudge Specific Plan Ca) of Bcvedy I Ills Industrial Atea Plan Beat Countc -City of Bakersfield Casa Loma Specific Plan and Enterprise Zone Application Cuv of I os Angelis Coastal Transportation Com for Spteha Plan Los Augdce County Mabhu Center Specific Plan Cut of I os Angeles Port Area hategmted land use - Tuuspotnnon Specific Plan City of Fontana Southwest and Jumps Industrial Puts Specific Plan Redevelopment /Revitalization Long Beach East Village Arts District Guide for Development Beverly - Fairfax Neighborhood Revitalization Strategy Downtown Manhattan Beach Strategic Action Plan Agoura Hills Agoura Village Vision Plan Buena Park Central Busmess District Redevelopment Project West Ahadena Community Redevelopment Project San Pedro Central Business District Revitalization Project Bakersfield Downtown Redevelopment Element Lancaster Central Business District Redevelopment Project East Compton Redevelopment Project Herndon Town Center Plan Neighborhood and Community Plans Glendale "Model' Neighborhood Plamamg Pmgr im Altadena Community Plan Castatc Corridor Plan Regional Plans Policy Documents for the Los Angeles Sub - Region for SCAG's Regional Comprehensive Plan Comprehensive Plan for North Los Angeles County (An(Clope and Santa Clams Valleys) Dew clopmcnt Master PI ms Howa,d Ifughes Center m ester Plan Phyi del Rey Bluffs Development Phn He ust Rancb Mater Plan Baldwut I fill, Master Plan BOISA Cluce New Town Master Plm Tres Henn mos Ranch Master Plan Car, of Cormier c Master PI in Urb.m Design San Bemudmo Uptown Redevelopment Project Urban Design Plan and Amlutecmral Design Standards S ui P<dio CBD Revit dieetion Project 13evedv -1'in fn Neigbbodiood Revitalization Project Bnen i P n CBD Reva diz mon Project We,i HoIlPVUOd Gen," Plan S m Beu, ndmo Gene, d PI in PI.mtnng Studies SvIIa Barb na Downtown Tnnsnwnal Areas Rezone Study Regional Couservatwon Element for Fresno County Con,ervation and Urbann Space Elements for the City of P dmd,dc L uid Use eid Environmental Components for the Areawide \\ tier Qu ihty M magement PI in for Latimer and Weld Countiu, CO Emaronnu.nlal Imp ict Reports /Assessments P iii i, G,. ,nd Electnc Company Environmental Systems FIR GLADSTEIN & ASSOCIATES Building an Environmental & Socially Responsible Future Clifford Gladstein, President Terres Unsoeld, Chief Executive Officer Dennis Zane, Senior Vice President GLADSTEIN & ASSOCIATES Firm Resume March 12, 1999 I. Gladstein & Associates: Building an Environmental & Socially Responsible Future Founded in 1993, Gladstein & Associates, a Los Angeles - based, woman-owned business, works with business, government and communities to: • Expand markets for environmentally friendly products and services; • Develop strategies that promote livable and sustainable communities; and • Raise awareness and funds for social and humanitarian causes. We take pride in our work, and we do what it takes to ensure a future which respects the environment, is socially responsible and economically prosperous. Gladstein & Associates (G &A) is adept in the development and implementation of policy and programs, politics and public relations. The principals in G &A are widely recognized throughout Southern California for their contribution to the region's urban and environmental affairs. Between them, they enjoy nearly 50 years of experience working with local, regional, state and federal government agencies, private utilities, alternative fuel providers, engine and vehicle manufacturers, trade associations, large corporations, small businesses, developers, environmental, labor and community -based organizations on air quality, advanced transportation, alternative fuel vehicle and energy issues, as well as land use policy and municipal economic development. In addition to its experience in urban and environmental affairs, G &A is a fundraising, media and event powerhouse. The principles share leadership experience in local environment organizations including California League of Conservation Voters, Heal the Bay, Coalition for Clean Air. They have also done political and charitable fundraising events nationwide, raising millions of dollars for Senatorial, Presidential and Congressional candidates as well as the Dalai Lama. 3015 Main Street, Suite 300 * Santa Monica, California 90405 * Ph. 310 314 1934 Fax- 310 314 9196 H. Project Experience A. Transportation and Air Quality Related Projects Interstate Clean Transportation Corridor (ICTC) In 1996, G &A founded the Interstate Clean Transportation Corridor (ICTC), a first -of- its -kind project whose goal is to build an alternative fuel infrastructure and trucking system on the interstate highways of four western states. Acting as ICTC Project Director and Administrator, G &A helps to coordinate and concentrate the technical and financial resources of nine public agencies responsible for air quality, energy conservation and transportation policy. At present, G &A has secured commitments to develop natural gas fueling stations in nine cities along ICTC routes as part of its goal to establish ten liquefied /compressed natural gas fueling stations along the 1 -5, CA -99, I -10, I -15 and I -80 highways. As part of this effort, G &A is working with eight prominent trucking companies in California and Nevada to purchase over 200 liquefied natural gas trucks, which would mark the largest single deployment of heavy -duty alternative fuel trucks in the United States to date. City of El Segundo. Building a Regional Airport Coalition Working with the City of El Segundo and its elected leadership, Gladstein & Associates has helped to build a significant regional coalition for the purpose of advocating the development of a Regional Airport Plan that constrains the expansion of LAX and distributes opportunity for capturing a fair share of the regional air commerce market to other Southern California communities whose airports can more efficiently and effectively serve the growth anticipated for Southern California over the next twenty years. To date cities and agencies representing over 65 communities and three counties have approved a Regional Airport Resolution and begun to participate with El Segundo and Its neighbors in coalition activities. Clean Cities Program S iallst Gladstein & Associates has served as Clean Cities Program Specialist to the U.S. Department of Energy since the Program's inception. Specifically, G &A assists Clean Cities throughout the Western United States to develop mechanisms to finance their activities, to foster public-private partnerships, and to establish links through clean transportation corridors. In this capacity, G &A assisted in the development of the City of Los Angeles and Southern California Association of Governments (SLAG) Clean Cities programs. Foothill Transit Stacment of Q Wificafi re January 1999 G &A has providing Southern California's third largest public transit provider with support in their effort to deploy alternative fuel buses and develop supporting infrastructure. G &A has prepared a report on the relative cost effectiveness of various alternative fuel bus technologies and natural gas dispensing facilities. G &A is also helping to develop a market of third party users for the agency's proposed natural gas fueling stations, recruiting local government and private fleets to use prospective Foothill refueling facilities. Southern California Edison G &A is working with the Electric Transportation Division of one of the country's largest electric utilities to educate cities and SCE field representatives regarding new electric vehicle technologies and infrastructure development opportunities as well as new sources of public funds currently available to help public sector customers procure and deploy electric vehicles. In particular, G &A works with local governments to increase their awareness of funding opportunities available to help them purchase electric vehicles and to facilitate the smooth entry of EVs into their fleets, and assist them to apply for these resources AB 1368 / SB1857 As part of its ongoing work to address regional air quality concerns, Gladstein & Associates regularly participates in the development of relevant legislative and public education efforts to expand awareness of this legislation. The most recent effort includes the groundbreaking program in AB 1368 (Villaraigosa) & SB 1857 (Brulte), legislation designed to build a resource base to facilitate the market penetration of clean, alternative fuel and electric technology in heavy duty on -road vehicles and off - road vehicles and equipment. A unique bipartisan effort, G &A has been responsible for building a large and diverse coalition in support of these bills. B. Energy Projects Pacific Enterpnses /Southern California Gas Company G &A is developing and implementing a strategy to promote the Gas Company's position on California Air Resources Board (CARE) Low Emission Vehicle Program (LEV). We work to develop programs to promote the use of natural gas in heavy and medium duty vehicles; provide Public Affairs services to the Business Council for a Sustainable Energy Future; and provide support for Pacific Enterprises' efforts on Intermodal Surface Transportation Efficiency Act (ISTEA) and electric utility restructuring. C. Land Use and Economic Development STTP /LEM G &A team- members have worked with the Surface Transportation Policy Project, the Center for Neighborhood Technology, the Natural Resource Defense Council and several public agencies, including the Southern California Association of Governments, statement of Qud ficahm January 1999 on the development of the Location Efficient Mortgage Project and to develop a program for environmentally sustainable urban revitalization. City of El Segundo. Devdg9mg a Vision for Downtown El Segundo G &A team member Dennis Zane worked with the El Segundo Downtown Vision Task Force to develop a vision statement for Downtown El Segundo that would serve as a basis for developing a Specific Plan to help revitalize this charming downtown area. D. Local Government Outreach In much of G &A's work on air quality, environmental and transportation issues, we have sought to foster public- private partnerships, with outreach to local governments being a key focus of our activities. All the projects listed previously (ICTC, Clean Cities Program, Foothill Transit, Southern California Edison and Pacific Enterprises) have included a significant element of municipal outreach. An additional project which specifically involves local government outreach include: SCA MD On behalf of the South Coast Air Quality Management District (SCAQMD), G &A has worked closely with dozens of cities throughout the South Coast Air Basin to educate them on opportunities to collaborate with each other and with the private sector to enhance their alternative fuel and electric vehicle programs as well as their clean fuel transit operations. Specific activities have included researching alternative fuel vehicle projects being implemented by Southland municipalities; organizing an "Alternative Fuels for Cities and Transit Agencies" symposium which brought together participants from over thirty cities, school districts and transit agencies; organizing an ongoing regular collaborative of AFV /EV Leadership Cities in the Southland; organizing and conducting a special symposium on electric and other advanced technologies for cities which included a range of on -road and off -road technologies; and working with a number of cities to identify cost - effective applications for their AB 2766 subvention funds. E. Fundraising /Economic Development I TC G &A has raised more than $3.3 million to develop and implement the Interstate Clean Transportation Corridor. Economic activity generated by this project will result in $36.3 million dollars. AHF On behalf of the American Himalayan Foundation (AHF), G &A has raised over $3 million for emergency relief, education, cultural preservation, health care and environmental conservation in the Himalayan region. Activities have included Gala dinners in Beverly Hills and Washington DC honoring His Holiness the Dalai Lama (hosted by Harrison Ford, Richard Gere and Melissa Mathison); Legends of Rock and Ice Banquets in Los Angeles, San Francisco and Seattle honoring climbing legends Sir Swemew of Quahficaum Jaooary 1999 Edmund Hillary, Reinhold Messner, Junko Tabei, and Chris Bommngton. G &A also coordinated the premier of Everest IMAX, the movie, in New York. OTHER POLITICAL ACTIVITIES Members of the G &A team have participated in extensive fundraising experiences prior to working at G &A. Such activities Include coordinating Senator Dianne Feinstein's lack -off fundraiser with President Clinton, (then) Congresswoman Barbara Boxer's kick -off fundraiser, and coordinating fundraising for Congresswoman Jolene Unsoeld over three terms. III. QualificationslSkills A. Strategic Relationships G &A has worked extensively with the public and private sector In our efforts to create markets for environmentally beneficial technologies, to improve Southern California's air quality and to enhance transportation systems in the region. Few companies, we believe, can boast the relationships that G &A has cultivated in the business, government and advocacy communities at the local, state and national levels. Industry: Trucking: G &A and its principles have built a large share of its practice developing outreach programs to members of the trucking industry. We initiated the continuing California Truck Working Group which has spearheaded the development of clean truck legislation and organized the Interstate Clean Transportation Corridor Project which has facilitated the development of alternative fuel projects for a number of trucking firms. Dennis Zane was the first member of the environmental community to be invited to provide a keynote address at the annual convention of the American Trucking Association. Cliff Gladstein has also been invited to make such an address Airlines: G &A principles have had a working relationship with representatives of several airlines, including United Airlines, American Airlines and Southwest Airlines in the course of conducting a dialogue with the industry over regional air quality concerns. Utilities: G &A and its principles have had a long - standing professional relationship with each of the regional utilities developed in the course of our advocacy of alternative fuels and electric vehicles, energy conservation, and renewable energy technology. In particular we have worked with natural gas and electric utilities in support of the Clean Air Act, EPACT, the ZEV Mandate and related legislation and in AFV /EV market and AFV /EV infrastructure development throughout Southern California. Alternative Fuels Industry: Working with engine manufacturers, vehicle manufacturers and distributors, electric power and natural gas suppliers, fuel infrastructure developers, and many related industries has been a central ingredient of Slat mMA of Quahficahm 5 Ja wa y 1999 G &A's work. Few firms possess the expertise and well developed relationships that G &A has garnered in this arena. Local, State. Federal Govemment: Through the course of our work, the G &A team has developed extensive relationships throughout California with local and regional elected officials, state legislators, municipal and other public agency staff and board members. Federal Officials and Agencies: Gladstein & Associates principles have many years of work with current and previous leadership in a number of agencies in the federal government, including a close working relationship with key members of the White House staff and the President's Council on Environmental Quality. Our work continues with the US Department of Energy, US Environmental Protection Agency, the General Services Agency and the US Department of Transportation. G &A principals have a long history of working with a number of members of the California congressional delegation, as well as both California Senators. State Officials and Agencies: In addition to well - developed relationships with many members of the California state legislature and their staffs, G &A has established working relationships with the leadership of both the Assembly and the Senate, and key members of the governor's staff. We have for years worked closely with the board and staff of the California Air Resources Board, and the California Energy Commission in the development of many projects including the ICTC and the effort related to AB 1368 and SB 1857. Regional planning, air quality and transportation agencies: Both Cliff Gladstein and Dennis Zane have been very active in the regional air quality, transportation, and planning debate at the SCAQMD, the LA County MTA and the Southern California Association of Governments on the development of the Location Efficient Mortgage program. In addition, Dennis Zane, a former councilmember and mayor in the City of Santa Monica, has developed a national reputation among city leaders for his leadership in efforts to revitalize the Third Street Promenade and to develop an array of environmental programs in Santa Monica. Zane continues to consult the City on clean air programs, acquisition of clean technologies, and economic development programs. He is often invited to speak at conferences and sessions of the Local Government Commission, the Urban Land Institute and others on these and other issues. City of Los Angeles: Gladstein and Zane also have long - standing and positive relationships with a majority of Los Angeles City Councilmembers and their staff; with members of the Mayor's staff and key political advisors; as well as leadership at various City departments, including the Environmental Affairs Department and Department of Airports. SYetemnu of Quahficauoma i mmuy 1999 Other municipalities As indicate earlier, much of Gladstein & Associates work includes outreach to regional municipalities on air quality, transportation, energy, land use and development projects. As a result, G &A principles have extensive relationships at all levels of local governments throughout the region. These relationships have, of course, been facilitated by Zane's twelve years as a council member and mayor in Santa Monica. Environmental community: Principles in G &A have long histories as responsible and articulate members of Southern California's environmental community with reputations for making environmental solutions work in a real economy. Cliff Gladstem is the immediate past president of the Coalition for Clean Air and a past president of Heal the Bay. Both he and Terres Unsoeld have served on the board of the California League of Conservation Voters and have co- chaired the Environmental Leadership Forum. Dennis Zane was the executive director of the Coalition for Clean Air during which time he chaired sensitive industry- community dialogue with trucking and the airline and harbor industries over clean air strategies. Organized labor: Principles of G &A have also worked with leaders of several important labor unions, including the Teamsters, the International Food and Commercial Workers, the Council of Machinists, the Hotel and Restaurant Employees Union, the Utility Workers and the Oil Chemical and Atomic Workers, and the Service Employees International Union. B. Media Outreach Experience: Many of G &A's projects have required the development of regional press and media relationships, both with the major print and electronic media, as well as with the smaller but essential local print media throughout Southern California. Our fundraising efforts on behalf of the American Himalayan Foundation, in particular, have involved an extensive media outreach campaign. In addition, G &A principles have close relationships with the producers and hosts of regional public affairs programs such as Warren Olney of Which Way LA, Saul Gonzales of KCET's Life and Times, and Bill Rosendahl of Century Cable Television. IV. Project Team Clifford E. Gladstein, President of Gladstein & Associates, has over ten years of experience with air quality, energy and transportation issues. In his current capacity as Program Specialist for the Department of Energy's Clean Cities Program, Gladstem is involved in the development and implementation of the City of Los Angeles, and the Southern California Association of Government's Clean Cities efforts. Gladstem also has been retained by the Technology Advancement Office of the South Coast Air Quality Management District to help local governments identify and secure Statement ofQuahficati n Jimmy 1999 resources to accelerate the deployment of alternative fuel and electric vehicles and alternative refueling and recharging infrastructure. He has served on the President's Federal Fleet Conversion Task Force Federal -State and Local Regulation Working Group, and coordinated the Task Force's June 1993 meeting in Los Angeles. In 1992 he wrote the Clean Air Plan for the City of Los Angeles. Gladstem has worked closely with the environmental, utility, and electric vehicle industries in the effort to develop the electric vehicle marketplace and infrastructure. For over five years Mr. Gladstein has been a lead consultant for the Southern California Gas Company for the Gas Company's natural gas vehicle programs, alternative energy technology programs and related policy issues. Gladstein has also worked with CALSTART, a non -profit public - private consortium seeking to develop an advanced transportation industry in California, to recruit minority-owned businesses to the organization, and promote the development of Intelligent Transportation Systems and supporting industries. Terres Unsoeld, majority owner and Chief Executive Officer, co- founded G &A in 1993. She is currently the Project Administrator for the Interstate Clean Transportation Corridor. For a decade, Unsoeld has been providing fundraising, event management and political consulting services to government and non - profit organizations nationwide. With over two decades of professional theater under her belt, Unsoeld has produced major events from a diverse list of clients, including, but not limited to Presidential and Senatorial fundraising dinners, fleet operator workshops and symposiums, theatrical shows, and evenings with the Dalai Lama. She has served on the Board of Directors of the Callforma League of Conservation Voters and as the co- Chair of the Southern California Environmental Leadership Forum Dennis Zane, Senior Vice President of Gladstein & Associates, possesses a unique combination of knowledge and experience in the operations of municipal government and the challenges of achieving environmental and air quality objectives while still meeting aggressive local economic development objectives. He has served twelve years as city councllmember in the City of Santa Monica, including two years as mayor. During that period he spearheaded the planning and implementation of the redevelopment of the Third Street Promenade. Zane is also well-known also for his role as the author of many of Santa Monica's environmental programs, including its alternative fuel and local au quality strategies. He has worked as executive director of the Coalition for Clean Air and as a consultant on energy policy issues to a Los Angeles City Council member. Zane has successfully assisted the City of El Segundo in developing a regional coalition to support a Regional Airport Plan as an alternative to expanding Los Angeles international Airport. He also worked with the City of El Segundo to develop its vision for a revitalized downtown. Zane is a founding participant in the California Truck Working Group, developing strategies for the deployment of alternative fuel trucks and buses and its supporting infrastructure. Zane is well known throughout the utility industry and the alternative fuel and electric Statement of Qualdicaum 8 January 1999 GLADSTEIN & ASSOCIATES Building an Environmental & Socially Responsible Future Clifford Gladstein, President Terres Unsoeld, Chief Executive Officer Dennis Zane, Senior Vice President vehicle industries for his effective advocacy. He also has served as a consultant to the Surface 3015 Main Street, Suite 300 * Santa Monica, California 90405 * Ph 310 314 1934 Fax 310 314 9196 Transportation Policy Project and the Location Efficient Mortgage Project developing a program for environmentally sustainable urban revitalization. He has long been active in the development of the legislative agenda for the advancement of alternative fuel and electric technologies. Zane has developed extensive relationships throughout local, regional and state governments, providing him with a unique ability to get things accomplished in these arenas. Katie Kocis, Chief Operation Officer, has worked in office and business management for over 20 years, starting with sales and including bookkeeping, full accounting for a law firm, litigation department coordination and training of secretaries. She has extensive experience with non - profit arts organizations which involved participation both as a board member and administration to the boards; she also has a background in grantswnting and development. Bruce Reznik, Senior Associate of Gladstem & Associates, is a California licensed attorney in environmental law. He has led many of G &A's public and private sector outreach efforts as the company's Senior Associate since 1995. As Program Manager for the ICTC, Reznik has recruited truck fleet operators for alternative fuel vehicle projects, and organized the project's national conferences in Las Vegas and Los Angeles. On behalf of the Clean Cities Program, the ICTC and the South Coast AQMD, he has conducted extensive outreach to public agencies and private companies to facilitate government - industry partnerships. Reznik has also developed an alternative fuel market assessment for the City of Los Angeles and drafted an evaluation of the nation's leading AFV /EV programs. Meena Sundaresan, Senior Associate of Gladstein & Associates, is a mechanical engineer and former Ford Motor Company employee. She has worked in design for fuel system components for the 1999 Model Year Ford Ranger Flexible Fuel Vehicle. She has also done extensive field troubleshooting for natural gas Ford Econoline vans. Sundaresan is a member of the American Society of Mechanical Engineers and the Society of Automotive Engineers and is an Engineer in Training. Statement of Qualdicebm to Jmuary 1999 DENNIS T ZANE 2943 DELAWARE AVE SANTA MoNicA, CA 90404 310 - 315 -1156 PHOrm 310 - 582 -0093 aax HIGHLIGHTS of SKILLS: Policy and Program Development Skills the development of creative solutions to urban problems, such as municipal and regional environmental and transportation strategies, air quality strategies such as deployment of alternative fuel vehicles, land use and growth management strategies, downtown revitalization and economic development strategies Leadership and Communication Skills the ability to work with others to move complex processes to completion, including creative urban policy problem - solving, constituency development, team - building, public speaking, writing, and media relations skills PzmssIONAL EXPERIENCE: Gladstein & Associates, May, 1997 to present Senior Vice President Consulting firm specializing in environmental affairs and transportation issues, policy and communications strategies Primarily involved in environmentally efficient land use policies, regional transportation issues, downtown revitalization, market development and public program development in heavy -duty alternative fuel vehicles and electric vehicle technologies, Clients include the City of El Segundo, US Department of Energy, United States Environmental Protection Agency, California Energy Commission, South Coast Air Quality Management District, San Joaquin Valley Unified Air Pollution Control District, Riverside County Transportation Commission, Southern California Association of Governments, Surface Transportation Policy Project, Center for Neighborhood Technology, Pacific Enterprises, Southern California Gas Company, Southern California Edison Company, Edison EV, Honda Motors, and others Urban Dimensions, June, 1995 - June 1997 President, sole proprietor Independent consultant specializing in constituency outreach and program development for alternative fuel and electric vehicle programs, regional transportation, economic development and land use policy policy, 1995- 1997 Clients included the South Coast Air Quality Management District, Southern California Edison, Edison EV, the Southern California Gas Company, the Natural Gas Vehicle Coalition, the California Trucking Association, Gladstem & Associates, the Interstate Clean Transportation Corridor Project, the Surface Transportation Policy Project, the Center for Neighborhood Technology, Location Efficient Mortgage Project, Jones, Stem, & Mow Development Partners Executive Director, Coalition for Clean Air: May, 1993, to June, 1995. The Coalition for Clean Air is a 25 year -old environmental advocacy and educational organization concerned exclusively with addressing the problems of urban air pollution Responsibilities as executive director included working with and developing the board of the Coalition, overseeing all of the Coalition's program development and implementation, supervising staff, formulating and administering the Coalition budget, budding and maintaining an active membership, and organizing all fundraising activities Self - employed consultant/producer: 1989 -1993. Illustrative projects • Co- produced series of public service film trailers promoting clean air for screening on over 1000 cmema screens throughout California, Oregon, Colorado, and Washington Implemented a smular California -wide program for CalTran and another for the American Lung Association in cooperation with US EPA • Consultant to Los Angeles City Council member Marvin Braude to update energy policy for the City of Los Angeles and to assist in issues before the South Coast Air Quality Management District • Co- produced a series of conferences at Occidental College, Los Angeles entitled "The California Dilemma ", which convened leaders from the business, ethnic, and environmental coinmunities into dialogue on environmental issues, economic development, social and economic equity Teacher in Southern California Private Secondary Schools: 1972 -1989 Taught mathematics, including advanced mathematics, political science, philosophy and American History in several West Los Angeles private lugh schools POLITICAL & POLICY LEADERSHIP EXPERIENCE: Mayor, City of Santa Monica (November, 1988 - November, 1990) Council member, City of Santa Monica (April, 1981- November, 1992) The Third Street Promenade hutiated and led the successful revitalization of the Third Street Promenade in downtown Santa Monica Special responsibilities included crafting the basic land use policies and strategies, including creating a mixed -use, transit oriented downtown, building and maintaining a consensus among the diverse commercial interest groups, residential constituents, city staff, and city council members, creating strategies to attract strategic projects including cmema and entertainment operators; developing the program to attract restaurants with an emphasis on outdoor dining, initiating the policies of integrating arts and cultural uses as a signature element in the downtown revitalization The Third Street Promenade has been widely heralded as a model public/private partnership for downtown revitalization The project has been the recipient of the 1990 Westside Urban Forum Award and the 1991 American Institute of Architects Urban Design Award In 1992, I received an award for Distinguished Leadership by an Elected Official in Planning by both the Los Angeles County Chapter and the California Chapters of the American Planning Association for my work on the Third St Promenade Environmental Programs Initiated and helped to formulate several of Santa Monica's environmental programs including a household hazardous waste recycling program, urban runoff control and reduction strategies, a waste water reduction strategy, the development of a CFC phase -out plan, and the city policy for acquisition of alternative fuel vehicles Land Use and Affordable Housing Authored a significant portion of Santa Monica's land use policies and affordable housing strategies including the 1990 revisions to the city's zoning code, Proposition R, a measure approved by voters requiring that 30% of each year's new multifaimly residential development be affordable housing, the Tenant Ownership Rights Charter Amendment, which created unique home ownership opportunities for low and moderate income households, innovative funding strategies for affordable housing, and strategies to encourage mixed -use developments in commercial zones EDUCATION: Graduate Education University of California, Los Angeles, Calif 1980 - 1983 School of Architecture and Urban Planning University of California, Los Angeles, Calif 1971 - 1974 Dept of Philosophy Undergraduate Education Occidental College, Los Angeles, Calif 1965 -1969 Dept of Philosophy Secondary Education Colton Union High School, Colton, Calif 1961 -1965 Valedictorian, Class of 1965 James A. Rabe Mr. Rabe is a principal in Keyser Marston's Los Angeles office For more than 20 years he has provided public and private clients with real estate and financial expertise. KEY ROLE Mr. Rabe assists clients in publiciprivate real estate and eco- nomic development activities from KMA's Los Angeles office He provides public and private sector clients with services in the following areas public finance, fiscal Impact financial modeling, developer selection, deal structuring and transaction negotiation. Pueuc/PRIVATE DEVELOPMENT S►ECIAUir Recognized as an expert in real estate advisory services. Mr. Rabe specializes in public/private transac- tions Examples Include the Playa Vista Dream Works project and the repositioning of the Glendale Fashion Plaza He has consulted in the analysis and implementation of residential, commercial, office and mixed -use projects in California, Arizona and Nevada. OTHER ARM of SPECIALIZATION Mr Rabe has consulted in all areas of the disposition process for redevelop- ment projects and surplus properties for public agencies, including project planning, Requests for Proposals and Qualifications, and developer selection He has also served as financial advisor, special tax consult- ant or developer's advisor for bond issues in Califom a. PROFESSIONAL CREDENTIALS Mr. Rabe is a board member of the California Association for Local Economic Development, and a member of the California Redevelop- ment Association and the Interna- tional Council of Shopping Centers He serves as District Chairman of the Verdugo Hills Boy Scout Council and as an Urban Land Institute Resource Professional. Mr. Rabe has also served as a guest lecturer at the University of Southern California School of Urban and Regional Planning; and the University of California, Los Angeles School of Architecture and Urban Planning Mr. Rabe earned his master of arts from the University of Southern California and his bachelor of arts from the University of California, San Diego Keyser Marston Associates, Inc. REVITALIZATION EXPERIENCE Bristol Corridor Market Opportunities, Santa Ana Redevelopment Agency. KMA assessed both general market trends within the proposed Bristol Corridor Project Area and the near to mid -term development potential for seven key sites selected by the Agency within the Corridor The findings were based on surveys of current land uses, analysis of recent development trends, evaluation of the performance of newly constructed projects, and a review of relevant demographic information of residents in the area Centre City Development Corporation, San Diego. As oo-consultants in the development of a 20 -year Urban Oesggn and Transportation System Plan to guide the economic development of the downtown, KMA performed market evaluations and provided implementation recommendation Also co- Consultant in the revitalization of the Manna area into a downtown residential community Our tasks included market assessment and financial analysis of prototype developments ask roarros City of Oakland. KMA assisted the City in preparing a Request for Proposals for a one million sq ft retail center in Oakland's downtown selecting a developer and evaluating the economics of the developers proposal to the Redevelopment Agency In addition, on a neighborhood level, KMA worked with the City to develop a methodology for assessing the economic vitality of neighborhood commercial districts which used models to identify factors affecting revitalization efforts Crenshaw Market Analysis and Program Feasibility Study, Prepared for the LACRA, Los Angeles. KMA conducted a market analysts to identify the potential for commercial, office, retail, and residential development on the community In addition, physical and regulatory conditions were Identified to determine their impact on the potential revitalization of the study area. Davis StreeVSan Leandro Boulevard Corridor, City of San Leandro. KMA assessed the general market conditions for various land uses in the Davis StreeUSan Leandro Boulevard Study Area in San Leandro (the Comdor) The purpose was to provide' (t) the City with an evaluation of compet&ve condrtionswhich impact opportunities for revitalizing the Condor, (2) input for preparing specific development strategies for seven study sites identified by City staff; and (3) basis for the preparation of urban design guidelines and development standards by EDAW, Inc for the Corridor Downtown Carpemeria, Interface Planning and Counseling Corporation, Carpentaria. KMA prepared a market evaluation used for developing the Downtown and Waterfront plan and revitalization program for the City of Carpentaria The purpose was to identify development opportunities and to recommend a strategy for strengthening the economic performance of the study area Keyser Marston Associates, Inc. WwAuzAmN EXPERIENCE Downtown Danville, City of Danville. KINA assessed the near -tern development opportunities for specialty retailing in downtown Danville and identified development conceptskenant types currently not represented in the market area that could possibly be interested in a downtown Danville location_ Downtown Livermore Market Analysis and Development Strategy, Livermore. KMA provided a detailed market assessment which provided the economic basis for a successful downtown revitalization program The assessment provided detailed land use recommendations by subarea within the downtown. Downtown Merced Market Strategy, Merced Redevelopment Agency. KMA assisted the Downtown Merced Task Fame, a 254nember community group, in the development of a market strategy to revitalize the city's downtown. The strategy included recommendations for specific land uses, target timelines, lead agencies, and potential funding for implementation Downtown Salinas and 100 Block Precise Redevelopment Plan, City of Salinas. KMA Wr o iWim evaluated the market potential for the retail, restaurant, office, and lodging uses on the IOU Block of Main Street in downtown Salinas. Other uses also considered were financial institutions and elderly housing As a member of the Project Team, KMA assisted the Salinas Urban Renewal Agency in the preparation of a detailed plan for redevelopment of downtown Salinas based on an analysis of the area's redevelopment potential The Plan sets forth a speaft workable implementation program Fourth Street, City of San Rafael. KMA evaluated the retail market stningth of Fourth Street in downtown San Rafael and recommended a revitalization strategy. Included an assessment of competitive factors, the market position and support for existing downtown retail, current sales performance, and windows of market opportunity Unden avenue Revitalization, City of Carlwrtteria Community Development. KMA assisted city staff and council members in evaluating proposals for commeiael development in the Central Business District within Carpentaria's downtown Specific Plan area. The basis for the evaluation was a market study prepared by KMA for the City's Downtown and Waterfront Plan and Revitalization Program, the purpose of which was to identify development opportunities and to recommend a strategy for strengthening the economic performance of underutilized property along Linden Avenue, the historical main street within the sty's downtown. Madrone Neighborhood Commercial District Revitalization Strategy, City of Morgan Hill. KMA provided an overview of current market conditions and an assessment of development opportunities for retail, food, and auto- onented uses Wong the commerraat strip fronting the old Highway 101 in the Madrone Neighborhood District in Morgan Hill The purpose was to identify new commercial opportunities for revitalizing the existing sweet frontage and to provide input to the city in the development of an urban design plan for the area Keyser Marston Associates, Inc. REVITALIZATION EXPERIENCE Market Assessment: Downtown Strategy and Plan, Hollister Redevelopment Agency. KMA assessed retail market opportunities in downtown Hollister and recommended appropriate land uses in the downtown area The primary purpose of the study was to assist the redevelopment agency in developing a downtown revitalization strategy that would strengthen the role of downtown as a retail shopping destination Neighborhood Commercial Revitalization, Oakland. KMA assisted CEDE in developing a methodology to assess the economic health of the City's neighborhood commercial districts Provided technical assistance and staff training designed to enable OEDE to conduct future neighborhood commercial revitalization tasks As a pilot project, assessed the retail revitaltaton potential for West Oakland's 7th Street area, a depressed commercial area. Pleasant Hill Redevelopment Agency. KMA assisted the City of Pleasant Hill in analyzing the financial feasibility of a 8W,000 sq It mixed retail, office and residential center for revitalizing downtown In addition, helped the City /Agency to structure a position for deal negotiation. grwA lonli98 Retail Market Potential - Downrown Retail Revitalization Project, Reninga Corporation, Santa Barbara. KMA assessed the retail volume potential for mall shop space and department stores in downtown Santa Barbara San Pablo Avenue, El Cerrito Redevelopment Agency. KMA prepared a series of products for the Agency for the purpose of developing a revitalization strategy for the area along San Pablo Avenue in the vicinity of the Del Norte Bart station In El Cemto. For this assignment, we (1) provided an overview of existing market conditions and trends to identify land use opportunities, (2) developed four near to mid-tern potential development scenarios, (3) evaluated the fiscal impacts on Agencies financial resources and on project tax increment for the scenarios, and (4) recommended a land use development strategy to meet the Agency's goal of creating more intense and cohesive development surrounding the Del Norte BART station University Avenue Strategic Development Plan, City of Riverside Development Depart- ment. KMA as a member of the planning team lead by Gruen Associates, prepared market support analyses for proposed new development along University Avenue, the major thoroughfare connecting downtown Riverside with the University of California, Riverside. The assignment Included an analysis of market strengths and weaknesses for specialty retail, office, hotel, student housing and promotional retail along the University Comdor Valley Boulevard Specific Plan, City of Alhambra. KMA evaluated development opportunities and recommended land use designations along this three mile long major commercial arterial. The assignment included the analysis of market opportunities created by focused Asian investment in this San Gabriel Valley community. Keyser Marston Associates, Inc. REVITAL17ATION EXPERIENCE Watsonville Downtown Retail and Marketing Study. KMA provided a retail market study to revitalize downtown Watsonville following the Loma Prieta earthquake in 19x9 Identified and analyzed current retail and commercial activity, and consumer patterns in downtown Identified, analyzed, and evaluated the potential for increasing downtown's retail and commercial base KMA prepared a marketing plan to attract new retail and commercial activity t0 downtown Recommended methods to expand the downtown retail base WhrtOer Redevelopment Agency. KMA performed a market analysis of the Uptown Village area severely damaged by an earthquake as input to the strategic planning process for reconstruction. Also prepared a follow -up financial analysis of Speafic Plan impiementabon and recommendations on priority projects qm+r MIMS Willow Street Study Area Market Evaluation, The Planning Collaborative for the City of San Jose. KMA evaluated the economic and market potential of commercial uses In the Willow Street Study Area in San Jose and provided assistance to the City, merchants and property owners in the area in their efforts to revitalize the properties fronting on Willow Street Tasks undertaken for this study included a merchant sample survey, a shopper sample survey, and an analysis of existing economic condrbons and land use opportunities available In the area Cntyl-ink Investment Corporation - City Heights Urban Village (San Diego). In an ongoing role. KMA is assisting the City of San Diego and CityLrnk in evaluating market and financial aspects of a proposed 12 -block redevelop- ment project on University Avenue. The project is proposed to include retail and office uses, a police substation, and public amenities Section 8: Proposed Budget Each task area identified in the scope of work has been allocated a timefi:ame for completion and an approximate cost figure. As mentioned in the RFP, we have prepared a scope of work that coincides'Q nth the initial project budget of $40,000 Billing rate sheets are also attached. In the context of the RFP, we are assuming the consultant's deliverable is the written evaluation of the documents, and all other deliverables are the responsibility of the City staff with our assistance A full financial plan can be prepared for the City at an additional cost. Task Time&arne Approximate Cost* Written Evaluation of Reviewed Documents 90 days $ 5,000 - 7,000 Report on Funding Sources 30 days $ 4,000 - 6,000 Preparation of Recommendation For Urban Design Standards 90 days $ 7,000 - 10,000 Specific Plan Preparation: 120 days Participation in Pubhc Meetings $ 9,000 - 12,500 Preparation for and Follow -up From Meetings $10.000 - 12 500 $35,000 - 48,000 * While given the imprecise nature of the work assignments, we have the resulting need to offer a range of cost for each item. Although, we understand that it is the objective to keep total cost below $40,000 for consultants. EIP Associates 15 EIP as,ttr�t�,� 1999 Hourly Billing Rates And Job Classifications BILLING RATES FOR EIP ASSOCIATES Principal $ 160 /hour Principal 11 $ 125 /hour Senior Associate I $ 115 /hour Senior Associate I1 $ 105 /hour Associate $ 95 /hour Senior Professional $ 85 /1-tour Professional $ 75 /hour Professional II $ 65 /hour Technician I $ 60 /hour Technician II $ 50 /hour Technician III $ 35 /hour Mileage is charged at $ 30 /mile Photocopies are charged at $ 15 /page Direct costs (i e , travel, meals, lodging, into ientds, printing graphic matenais, etc ) and subcontractor fees are subject to a 10% administration charge I This schedule is effective through May 3l, t999, and subject to revision thereafter 2 Invoices will be submtted by Consultant monthiv Client will notify Consultant, in writing, of any objections to an invoice wntlmn ten (10 days) of the date of invoice Odierwise, the invoice shall be deemed acceptable by the Client Amounts indicated on invoices are due and payable immediately upon receipt The Client's account will be considered delinquent if Consultant does not receive hull payment wdlun thirty (30) days after the invoice date 3 A service charge will be applied at the rate of 15 percent per month (or the maxmnnn rate allowable by law) to delinquent accounts Payment thereafter will be tpplted first to accrued utterest and then to the principal unpaid by the Client 4 EXPERT TESTIMONI For situ nnons requiring expert tesunnony, sennccti will be providecl at 1 5 tunes the standard hourly rates listed, with a nunmuun of tour houts 1 nue pent in ptepuanon and u t iew of leshmony will be charged at standard rates s�reMVVtro�9asii, a> wPD 7-1 m LAX PASSENGER SERVICE GROWTH 1965-2020 11411 IIV 105 100 95 90 85 80 LAWA Est. 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