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2000 FEB 01 CC PACKETREVISED AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Heating item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p 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 perimtted 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, it 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, FEBRUARY 1, 2000 - 7:00 P.M. Next Resolution # 4150 Next Ordinance #-1317 CALL TO ORDER PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS (a) Certificate of Recognition from the City of El Segundo for Don Weller, El Segundo's Police Officer of the Year. (b) Crowning of El Segundo Sister City Queen and Princess. (c) Proclamation to Sister City (d) Proclamation for the American Cancer Society's Daffodil Days in El Segundo (e) Presentation by John Nielsen, ICRMA general manager, on ICRMA and its activities (This presentation will be approximately 10 minutes) 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 Cary Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the Cary Council Failure to do so shall be a misdemeanor 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 — None D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - None E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2507736- 2508035 on Register No 8 in total amount of 51,110,619 72, and Wire Transfers in the amount of $1,176.527 04 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 01 /08100 to 01 /21 /00. 2 City Council meeting minutes of January 18, 2000 Recommendation - Approval. Approval of resolution authorizing use of credit cards for city services Recommendation — Council approval is required by Government Code number §6159. 4 Crtv Treasurer Portfolio report and investment charts Recommendation — Receive and file report. Approval of Bid #PA99 -13 to Yamada Enterprises for the replacement of 56 Reading Chairs in the Library. (Fiscal Impact $10,062 92) Recommendation — Approve and award Bid #PA99 -13 to Yamada Enterprises. Application to the U.S Department of Housing and Urban Development for a $250,000 grant for the design and development of the Douglas Street Gap Closure Project Recommendation — Approve application and authorize the City Manager to execute the application and supporting documents on behalf of the City. City - Caltrans Master Agreement and Progam Supplement for a Caltrans grant of 5105,000 for the rehabilitation of Grand Avenue between Main and Maryland Streets Recommendation — Approve the Master Agreement and the Program Supplement and authorize the Mayor to execute the documents on behalf of the City. Caltrans — City of El Segundo — I -105 Freeway Maintenance Agreement Recommendation — Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. Quitclaim Deed from Chevron U S A, Inc. to the City of El Segundo for a property at the southeasterly corner of Hughes Way and Allied Way, for City Storm Retention Basin and Pump Station No 18 Recommendation — Accept Quitclaim Deed and authorize the Mayor to execute the deed on behalf of the City. 10 Award of contract for the installation of Chain Link Fencing for Storm Drain Pump Station No 17 and Dog Park — Project No PW 99 -7 (contract amount = $70,309 00) Recommendation — 1) Award contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $70,309.00. 2) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 11 Metropolitan Transportation Authority (MTA) grant of $18 million to South Bay Cities Council of Governments (SBCCOG) for the Sepulveda Boulevard Widening Project Recommendation — Authorize the City Engineer to assume the project sponsorship on behalf of the City of El Segundo. CALL ITEMS FROM CONSENT AGENDA REVISION II - 01/27/00 at 2:40 p.m. F. NEW BUSINESS — 12 New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer and Wine) at the existing Town Market at 601 Virginia Street (ABC 99 -6. EA -505. & AUP 99 -8). Applicant Ghaleb Hamideh - Town Market Recommendation - Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license (ABC 99 -6, EA -505, and AUP 99 -8) for off - site alcohol sales at the existing grocery store. The requested hours for the sale of beer and wine are Monday through Saturday 8:00 AM to 9:00 PM, and Sunday from 9:00 AM to 8 :00 PM. 12B. Consideration of a second amendment to the Joint Exercise of Powers authority governing the South Bay Private Industry Council (PIC), and a point resolution of the eight (8) cities comprising the PIC, establishing the City of Hawthorne as the administrative entity of Joint Training Partnership Act (JTPA) and Workforce Investment Act (WIA) prams Recommendation — Staff recommends that the City Council take the following action: 1) Approve the Second Amendment to Agreement No. 83 -100 and the joint resolution of the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach and Redondo Beach establishing the City of Hawthorne as the designated "Chief Locally Elected Official' of the South Bay Private Industry Council (PIC); and 2) Authorize the Mayor to execute the necessary documents. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK —NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick — 13 Discussion of Title 3 06 of the El Segundo Municipal Code relating to business attraction program. Recommendation — Discussion and /or possible action. Mayor Pro Tem Jacobs - NONE REVISION II - 01127/00 at 2:40 p.m. Mayor Gordon — 14 Discussion to review the City's filming permit policy regarding time of approved start Recommendation — Discussion and /or possible action. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on 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 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code See 54960, 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 Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p.m, February 1, 2000 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED +y DATE ] dv TIME 3•!%/ /�%�i 020100ag 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 3unsdiction 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, f 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 ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 1, 2000 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs 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 oftheir 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 sM ) 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. i,i j CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) City of El Segundo v Bd of Airport Commissioners, et al, LASC Case No BC 220609 Roscrtto v El Segundo, LASC Case No YC 034524 Ralston v El Segundo, LASC Case No YC036223 Stier v El Segundo, LASC Case No. YC034617 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -I- potential case (no further public statement is required at this time), Imtation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE iladoo TIME NAME~ %L1�1 0201005p 9 02 OV , EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p 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, FEBRUARY 1, 2000 - 7:00 P.M. Next Resolution #_4150 Next Ordinance # 1317 CALL TO ORDER INVOCATION - PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs PRESENTATIONS (a) Certificate of Recognition from the City of El Segundo for Don Weller, El Segundo's Police Officer of the Year (b) Crowning of El Segundo Sister City Queen and Princess (c) Proclamation to Sister City, ,J03 (d) Proclamation for the American Cancer Society's Daffodil Days in El Segundo, (e) Presentation by John Nielsen, ICRMA general manager, on ICRMA and its activities (This presentation will be approximately 10 minutes ) ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 A. 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 — None D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - None E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 2507736- 2508035 on Register No 8 in total amount of $1,110,619 72, and Wire Transfers in the amount of $1,176,52704 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 01/08/00 to 01121100. City Council meeting minutes of January 18, 2000 Recommendation - Approval. Approval of resolution authorizing use of credit cards for city services. Recommendation — Council approval is required by Government Code number §6159. 4 City Treasurer Portfolio report and investment charts Recommendation — Receive and file report. Approval of Bid #PA99 -13 to Yamada Enterprises for the replacement of 56 Reading Chairs in the Library (Fiscal Impact $10,062 92) Recommendation — Approve and award Bid #PA99 -13 to Yamada Enterprises. 004 Application to the U.S Department of Housing and Urban Development for a $250,000 grant for the design and development of the Douglas Street Gap Closure Protect Recommendation — Approve application and authorize the City Manager to execute the application and supporting documents on behalf of the City. City - Caltrans Master Agreement and Progam Supplement for a Caltrans grant of $105,000 for the rehabilitation of Grand Avenue between Main and Maryland Streets. Recommendation — Approve the Master Agreement and the Program Supplement and authorize the Mayor to execute the documents on behalf of the City. Caltrans — City of El Segundo — I -105 Freeway_ Maintenance Agreement Recommendation — Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. 9 Quitclaim Deed from Chevron U S.A., Inc. to the City of El Segundo for a property at the southeasterly comer of Hughes Way and Allied Way, for City Storm Retention Basin and Pg= Station No 18 Recommendation — Accept Quitclaim Deed and authorize the Mayor to execute the deed on behalf of the City. 10 Award of contract for the installation of Chain Link Fencing for Storm Drain Pump Station No 17 and Dog Park — Protect No PW 99 -7 (contract amount = $70,309 00) Recommendation — 1) Award contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $70,309.00. 2) Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney. 11 Metropolitan Transportation Authority (MTA) grant of $1 8 million to South Bay Cities Council of Governments (SBCCOG) for the Sepulveda Boulevard Widening Protect Recommendation — Authorize the City Engineer to assume the project sponsorship on behalf of the City of El Segundo. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 12 New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer and Wine) at the existing Town Market at 601 Virginia Street (ABC 99 -6, EA -505, & AUP 99 -8). Applicant Ghaleb Hamideh - Town Market Recommendation - Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license (ABC 99 -6, EA -505, and AUP 99 -8) for off - site alcohol sales at the existing grocery store, The requested hours for the sale of beer and wine are Monday through Saturday 8:00 AM to 9:00 PM, and Sunday from 9:00 AM to 8:00 PM. G. REPORTS - CITY MANAGER - NONE t10 5 H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK — NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick — 11 Discussion of Title 3 06 of the El Segundo Municipal Code relating to business attraction program Recommendation — Discussion and/or possible action. Mayor Pro Tern Jacobs - NONE Mayor Gordon — 14 Discussion to review the City's filming permit policy regarding time of approved start Recommendation — Discussion and/or possible action. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor andpunishable by a fine of $250 101 D113 0] ki Eli CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, Including the Brown Act (Government Code See 54960, 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 Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in , February 1, 2000 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE / &&1 TIME o NAME 020100ag �� (16 INSERT BEHIND "CONSENT ITEM NO. 8" PAGE NO. 064 6 -99 09:19A Ca Mrans DEC I5'99(WED) lU 59 DIST OFFICE MME, Recording ,tequts:ea ay 3EpARTXW= OF TRANSPORTATION When Recorded Uaii to STATE OF CALIFORNIA DAPARTMEIIIT OF TRANSPORTATION 128 South SPUg Street 3As Angeles, CaLfotnis 9OD12 a.,,✓ siesaA/ W10 3005 L130CU4bbti TEL-215 89 - +3 -51 98 2301914 RfCORD fN QFFICIq( R=�On RECORDER'S QFFICE LDSANGELEgCOUt�y CAU RNIA 11:41 AM DEC Ig I998 Y. UJj F 0U3 RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF EL SEGUNDO, ROAD 7 -LA- 105 -1.1 __ Request No. 1193 %FREE WHEREAS, by freeway agreement dated October 5, 1982, ~ -y? between the City of E1 Segundo and the State of California, the City agreed to accept title to relocated and reconstructed city streets, frontage roads and cul -de -sacs, upon relinquishment thereof to said City by the State of California; and WHEREAS, the State of California has acquired right of way for and has const--ucted the above - mentioned collateral facilities in the City of E1 Segundo, between Nash Street and Douglas Street, road 7- LA -10S, in accordance with said agreement; and WHEREAS, in accordance with Section 73 or the Streets and Highways Code, a 90 -day notice in writing dated July 16, 1998, of intention to relinquish the above- mentioned co.�lateral facilities was delivered to the City by certified mail returr. receipt on July 23, 1998, Article Number 2209693876; and TRANSPORTATION COMMISSION RESOLUTION No. 83385 1Npd DEC 0 2 1958 e -99 09:20A Caltrans 2136204558 p.05 99(WEDI 10 40 DIST OFF IGE ATCE, TEL 215 89' +5'53 F.004 r000 V WHEREAS, this Commission has found and determined, and does hereby find and determine, that it is desirable and in the public interest that said collateral facilities be relinquished to the City of El Segundo for use as city streets; NOW, THEREFORE, IT IS VOTED by the California Transportation Commission that it relinquish, and it does hereby relinquish, to the City of E1 Segundo, effective upon the recordation of a certified copy hereof with the Recorder of Los Angeles County, all of the State of California's right, title and interest in and to said collateral facilities in said City, together with the right of way and appurtenances thereof, described as follows: All those portions of collateral facilities right of way shown as SEGMENT 1, as delineated shaded and stippled on maps recorded on October 29, 1998, in State Highway Map Book No. 20, page 2, records of Los Angeles County. EXCEPTING AND RESERVING to the State of California any and all rights of ingress to and egress from the Highway hereby relinquished in and to the ad)acent and adjoining freeway, except at such points as are now or may be established by resolution of this Commission. ALSO EXCEPTING THEREFROM, any of the State owned facilities consisting of signs, signals and other related appurtenances at the intersection of the 5 -105 on -ramp and Atwood Way. 98 2303 034 -5 -99 O9:2OA Caltrans Ec -15 99(WE01 10.40 DIST OFFICE AITGE 2136204558 TEL,113 89' +,j'52 P•O6 P 005 ALSO RESERVING the right at any time, or from time to tame, to construct, maintain, replace, remove, renew, or enlarQe the existing said state owned facilities incidental thereto, Including access to protect the facilities from all hazards, in, upon, and over the area herewith relinquished. TMs 7S TO copy of tM a and ?ORTA=N COMMISSION y 8 2301 q,a 7 INSERT BEHIND "NEW BUSINESS" NO. 12 PAGE NO. 097 EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION. Consideration of a second amendment to the Joint Exercise of Powers authority governing the South Bay Private Industry Council (PIC), and a joint resolution of the eight (8) cities comprising the PIC, establishing the City of Hawthorne as the administrative entity of Joint Training Partnership Act (JTPA) and Workforce Investment Act (WIA) programs RECOMMENDED COUNCIL ACTION. Staff recommends that the City Council take the following action 1) Approve the Second Amendment To Agreement No 83 -100 and the joint resolution or the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach and Redondo Beach establishing the City of Hawthorne as the designated "Chief Locally Elected Official' of the South Bay Private Industry Council (PIC), and 2) Authorize the Mayor to execute the necessary documents INTRODUCTION AND BACKGROUND. On July 5, 1983, the cities of El Segundo, Gardena, Hermosa Beach, Hawthorne, Inglewood, Lawndale, Manhattan Beach and Redondo Beach entered into a Joint Powers agreement to form a consortium within the boundaries of the participating cities known as the South Bay Service Delivery Area for the delivery of employment and training services under the Job Training Partnership Act (JTPA) and the Family Economic Security Act (FESA) Since that time, the City of Inglewood has served as the administrative entity of the South Bay Private Industry Council (PIC), known formally as the "Chief Locally Elected Official," which carved out the administrative function of implementing programs authorized by the Job Training Partnership Act DISCUSSION (Please see attached page marked "Discussion ") ATTACHED SUPPORTING DOCUMENTS, 1) Second Amendment to Agreement No 83 -100 Relating to the South Bay Joint Powers Agreement 2) Joint Resolution of the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach and Redondo Beach FISCAL IMPACT: (Check one) Operating Budget Capital Improv. Budget: Amount Requested: Project/Account Budget. ProjectlAccount Balance: Date Account Number- Project Phase: Appropriation Required - Yes_ No--X- ORIGINATED. Date: January 27, 2000 Date- On January 6, 2000, the mayors of the cities comprising the Joint Powers Authority met to discuss various issues concerning the Private Industry Council The Mayor of the City of Inglewood was not present at the meeting. However, a Councilmember from Inglewood attended and participated m the discussion At the meeting, the participants decided that it would be appropriate for the JPA to move forward and designate the City of Hawthorne as the administrative entity responsible for JTPA programs The Council should note that due to the passage of federal legislation in 1998, the JTPA will be replaced by the Workforce Investment Act (WIA) on July 1, 2000 Prior to implementation of the WIA, the South Bay Private Industry Council, and all other California programs funded by WIA, must have a "Chief Locally Elected Official' and a viable work plan in place by March 1, 2000 The designation process at the State level is currently underway and it is important that the Private Industry Council resolve any ongoing issues regarding its composition as soon as possible. Accordingly, staff is presenting the following items to the Council for consideration at this time. 1) The first item is a Second Amendment to the South Bay Joint Powers Agreement which, if approved by all eight cities, will change the administrative entity responsible for the JTPA and WIA programs from the City of Inglewood to the City of Hawthorne 2) The second item is a Resolution which would take effect in the event that all eight cities comprising the JPA do not approve the amendment listed above The Resolution provides that all cities signing the document authorize the City of Hawthorne, acting as the Chief Locally Elected Official(s) of the South Bay Private Industry Council, to submit an application to the Governor of the State of California for recognition of the participating cities as the South Bay Workforce Investment Area The Council should note also that the cities of Inglewood, Hawthorne, Gardena and Hermosa Beach have considered and approved both documents. The cities of Lawndale, Manhattan Beach and Redondo Beach are expected to consider the documents within the next two weeks 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECOND AMENDMENT TO AGREEMENT NO 83 -100 RELATING TO THE SOUTH BAY JOINT POWERS AGREEMENT THIS SECOND AMENDMENT is made and entered into this _ day of 2000, by and between the Cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach, all of which are organized and existing under and by virtue of the laws of the State of California The cities are collectively referred to as "Cities" and in certain contexts are referred to as " Participating Cities" WHEREAS, on July 5, 1983, the Cities entered into Agreement No 83 -100 in order to form a consortium under the authority of Government Code Section 6500 within the boundaries of all Participating Cities known as the South Bay Service Delivery Area for the delivery of employment and training services under the Job Training Partnership Act (JTPA) and the Family Economic Security Act (FESA), and, WHEREAS, on July 1, 1991, the Cities executed the First Amendment to Agreement No 83 -100 relating to administrative fees; and, WHEREAS, the Cities are desirous of a change in the operation of the administrative entity responsible for the operation and administration of the JTPA programs in the South Bay area, NOW THEREFORE, in consideration of these premises the parties herein have agreed as I follows 1 That Section 6 of Agreement No 83 -100 be amended to change the duties currently exercised by the City of Inglewood to the City of Hawthorne This transfer of authority encompasses all other references to Inglewood contained in Agreement No 83 -100 The cities of Inglewood and Hawthorne shall cooperate in the relocation of staff and the transfer of any contractual documents executed by Inglewood on behalf of the Private Industry Council (PIC) /Job Training Development Department including, but not limited to JTPA, GAIN, I -TRAIN and Welfare to Work 2 That Section 2 of Agreement No, 83 -100 be amended to read "This agreement shall become effective as of the date the same is executed by all participating Cities and shall continue in full force and effect until all grants provided for under the JTPA, or after July 1, 2000 under the Workforce Investment Act (WIA) have been exhausted or until such time as the Service Delivery 0 3 4 5 6, 7' 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Area/Local Workforce Investment Area created herein below shall no longer meet the minimum I requirements of the JTPA, or after July 1, 2000 shall no longer meet the minimum requirements of I the WIA 3 That Section 6 of Agreement No 83 -100 be amended to include an additional subsection "A," which shall read "As grant recipient for the South Bay Private Industry Council, the City of Hawthorne is empowered to designate its administrative duties, in whole or in part, to any qualified contractor(s), including not - for - profit corporations, hereinafter referred to as "DESIGNATED ADMINISTRATOR " 4 That Section 6 of Agreement No 83 -100 be amended to add a second additional subsection "B," which shall read "As the Job Training Act and Workforce Investment Act call for the designation of a "Chief Local Elected Official," the City of Hawthorne, its Mayor and City Council Persons shall collectively be known as Chief Local Elected Official(s) of the South Bay Private Industry Council and South Bay Workforce Investment Board 5 That Section 20 of Agreement No 83 -100, currently labeled "Section 20 Entire Agreement" be renumbered as "Section 21 Entire Agreement " 6 That a new section, to be labeled "Section 20 Amendments" be mserted into Agreement No, 83 -100 That this section shall read "All future Operational Amendments to this Joint Powers Agreement shall be approved by a vote of 75% of all City members In no instance shall any participating City assume financial liability or other obligation without its prior approval. For purposes of this section, "Operational Amendments" are those new organizational changes to this Agreement that may be required by legislative or operational requirements All other amendments to this agreement, including all agreements which create a direct financial or programmatic obligation upon any of the Cities, shall require the unanimous approval of all Cities" 7 This amendment shall be effective when all parties have executed same, provided, however, that upon such approval the shift in administration set forth above shall become effective on February 28, 2000 8. Except as otherwise specifically amended herein, all other terms and conditions contained in Agreement 83 -100 shall remain in full force and effect -2- i4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date and year above written KINK11913r City Clerk ATTEST. City Clerk ATTEST City Clerk ATTEST City Clerk sle CITY OF EL SEGUNDO By Mayor CITY OF GARDENA By. Mayor CITY OF HAWTHORNE By Mayor CITY OF HERMOSA BEACH By Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST City Clerk CITY OF INGLEWOOD By Mayor CITY OF LAWNDALE By Mayor ATTEST City Clerk ATTEST: City Clerk Koval -k." City Clerk -4- CITY OF MANHATTAN BEACH By Mayor CITY OF REDONDO BEACH By Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 JOINT RESOLUTION OF THE CITIES OF EL SEGUNDO, GARDENA, HAWTHORNE, HERMOSA BEACH, LAWNDALE, MANHATTAN BEACH and REDONDO BEACH THIS RESOLUTION, dated , is put forward by and between the Cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach, and Redondo Beach, all of which are organized and existing under and by virtue of the laws of the State of California, and are collectively referred to as "Cities " WITNESSETH: WHEREAS, the Workforce Investment Act (WIA) was enacted by the United States Congress in 1998 to establish a new employment and training system to replace the Job Training Partnership Act (JTPA), and WHEREAS, pursuant to WIA the Governor of the State of California is given the authority, within the State of California, to designate Workforce Investment Areas (Local Areas) which are districts within the state through which direct job training services are administered and delivered, and WHEREAS, pursuant to WIA the Governor of the State of California is given the authority, within the State of California, to recognize Workforce Investment Boards (WIBs) to administer WIA services within designated local areas, and WHEREAS, the Workforce Investment Act, Section 117(c)(1)(8) - "Multiple Units of I Local Government in Area" reads that "in a case in which a local area includes more than one ( -1 -) unit of general government, the chief elected officials of such units may execute an agreement that specifies the respective roles of the chief elected officials," and WHEREAS, the proposed South Bay Workforce Investment Area contains "multiple units of local government," and WHEREAS, there is uncertainty as to whether or not all eight ( -8 -) of the cities which comprise the South Bay PIC will be desirous of continuing the existing SBPIC Joint Powers Agreement (JPA), NOW THEREFORE, be it resolved that if all eight ( -8 -) cities which comprise the South Bay Private Industry Council do not approve amendment of the existing SBPIC - JPA to designate the City of Hawthorne, her mayor and City Council as acting in concert, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 li 24 25 26 27 28 III 29 as Chief Locally Elected Official(s) (CLEO) of the South Bay Private Industry Council, Then we, the undersigned cities, authorize the City of Hawthorne, acting as CLEO, to submit on our behalf an application to the Governor of the State of California for recognition of the Cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach, and Redondo Beach, collectively as the South Bay Workforce Investment Area IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year and date first above written ATTEST City Clerk ATTEST City Clerk Z Mayor By Mayor Page 2 of 4 City of EI Segundo City of Gardena 1 2 3 4 511 6i 7 8', 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ATTEST City Clerk ATTEST City Clerk !ATTEST City Clerk M Mayor By Mayor M Page 3 of 4 Mayor City of Hawthorne City of Hermosa Beach City of Lawndale 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I ATTEST: City Clerk I ATTEST City Clerk 0 m Page 4 of 4 Mayor Mayor City of Manhattan Beach City of Redondo Beach REVISION II - 01/27/00 at 2:40 p.m. F. NEW BUSINESS — 12 New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer and Wine) at the existing Town Market at 601 Virginia Street (ABC 99 -6. EA -505. & AUP 99 -8) Applicant Ghaleb Hamideh - Town Market Recommendation - Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license (ABC 99 -6, EA -505, and AUP 99 -8) for off - site alcohol sales at the existing grocery store. The requested hours for the sale of beer and wine are Monday through Saturday 8:00 AM to 9:00 PM, and Sunday from 9:00 AM to 8:00 PM. 12B. Consideration of a second amendment to the Joint Exercise of Powers authority governing the South Bay Private Industry Council (PIC), and a Joint resolution of the eight (8) cities comprising the PIC, establishing the City of Hawthorne as the administrative entity of Joint Training Partnership Act (JTPA1 and Workforce Investment Act (WIA) programs Recommendation — Staff recommends that the City Council take the following action: 1) Approve the Second Amendment to Agreement No. 83 -100 and the joint resolution of the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Lawndale, Manhattan Beach and Redondo Beach establishing the City of Hawthorne as the designated "Chief Locally Elected Official' of the South Bay Private Industry Council (PIC); and 2) Authorize the Mayor to execute the necessary documents. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE ll 330 OWi1yawllwalgi ENCox" J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick — 13 Discussion of Title 3 06 of the El Segundo Municipal Code relating to business attraction program Recommendation — Discussion and/or possible action. Mayor Pro Tem Jacobs - NONE �\ k 2 } ( �..IeGe� =,;,;, ;,,a=, ;�e HA \£ =■�e§- , E .,, -a §! � } ■Kj!/ �E z \ \ § fl�� ») §§ , ;« ■!!� ))!` § §7f§t)|kt\)� /` ■ ;/« () §f|§f(2 / §!|� § |� |�| . - ° §§| *!; ( ;r„ ;:!l= : :; ■; ■■�B; ■EFr A np7 ■ | k ` /z 0z §! § § § 41�4 ) 141. ! 2 ru } \ k/ E §!! }/ !!ME A np7 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1/08/2000 THROUGH 1/21/2000 Date Payee Amount Description Finance Director p/ 1 12-Y60v 0 ' 1/10/00 Wells Fargo 30,000 00 Worker Comp Trt 1/10/00 West Basin 761,723 28 H2O Payment 1/10/00 IRS 177,906 88 Federal Taxes PR14 1/11/00 Federal Reserve Bank 20000 Employee Bonds PR10 1/12100 Employment Development 36,501 35 State Taxes PR 14 1/12/00 Federal Reserve Bank 25000 Employee Bonds PR 11 1/13/00 Federal Reserve Bank 75000 Employee Bonds PR12, 13 & 14 1/14/00 U S Bank 136,890 39 ABAG Bond Payment 1/18/00 Health Comp 95089 Weekly eligible claims 1/7 1121100 Health Comp 1,35425 Weekly eligible claims 1/14 1121100 Wells Fargo 30,000 00 Worker Comp Trt 1,176,527 04 DATE OF RATIFICATION: 2/1/00 TOTAL PAYMENTS BY WIRE: 1,176,527.04 Certified as to the accuracy of the wire transfers by Deputy Treasurer -� /,:? r � r o.� Date Finance Director p/ 1 12-Y60v 0 ' Date City Manager 'J Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo () 08 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5.00 P M PLEDGE OF ALLEGIANCE - Council Member John Gaines ROLL CALL Mayor Gordon - Present-arrived at 5.05 p.m Mayor ProTem Jacobs - Present Council Member Wermck - Present -amved at 5.07 p in 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 Gty 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 moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, gt sM) 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)) City of El Segundo v. Bd of Airport Commissioners, et al , LASC Case No BC 220609 Roscitto v El Segundo, LASC Case No YC 034524 Hadcock v El Segundo, LASC Case No YC 034979 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c)• -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY I8, 2000 - 5 00 P M PAGE NO 1 f, , , ? n SPECIAL MATTER - Interview candidates to the Senor Citizens Housing Corporation Board, Library Board of Trustees, Capital Improvement Program Advisory Committee and LAX Master Plan_Advlsory Commission Council consensus to appoint Paula Rose Rotola to the Senior Housing Board for an open term expinng June 30, 2002, Nick Grenenday to the Library Board of Trustees for an open term expiring June 30, 2002, Mike Rotola and Robin Kay Funk to the Capitol Improvement Program Advisory Committee for new terns expiring November 30, 2003, and Mike Wyant, Cheryl Frick, Dawn Wendl, Jack Kenton, Eric Busch, Don Brann, and Jeff Messinger, to the LAX Master Plan Advisory Commission, tern to be determined ADJOURNMENT at 6 55 P M Cmdy Mortesen, City Clerk MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 5 00 P M PAGE NO 2 , 1 11 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7 00 P M INVOCATION - Clerk Mortesen PLEDGE OF ALLEGIANCE - Council Member John Gaines PRESENTATIONS - (a) Council Member Gaines presented a Proclamation to Joe Harding declaring Saturday, January 29, 2000 BEST DAY IN 2000 to beautify West Grand Avenue with the 100 trees donated by community residents and businesses (b) Mayor ProTem Jacobs presented a Commendation to Don Kamph of the El Segundo Employers Association (ESEA) for its fine work over the years and expressing the City's hope that ESEA and its members will continue their efforts on behalf of the City, its businesses and its citizens (c) Council Member Wemick presented a Commendation to El Segundo Community Cable staff, and in particular, Dan O'Toole and Andy Dauer, for producing a national award - wining short dramatic video of a drunk driving accident which was used in conjunction with the "Every 15 Minutes" program The video placed as one of the three finalists in the Programming by /for Youth category of the Western Access Video Excellence Award competition held annually by the Alliance for Community Media, and recognized as one of the top local programming competitions in the country (d) Council Member McDowell presented Certificates of Appreciation to residents for the "1999 Lighting Up the Community" and to the El Segundo High School Eagle Band members for Judging the event (d) Mayor Gordon presented a Proclamation to in salute of our pioneers and all residents and businesses of our community and proclaiming January 18, 2000 as the 83rd Anniversary of the City of El Segundo. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs - Present Council Member Wemick - Present Council Member Gaines - Present Council Member McDowell - Present MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18,2000 - 7 00 P M PAGE N0. i 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 Cav Council on behalf of another and emplovees 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 5250 William Hutchins, 329 Lomita, spoke regarding his objections to the proposed skate board park Peggy Tyrell, resident, spoke regarding the election and if the write in period would be affected Kim Shocklee, resident, spoke about the liability of skate boarders riding on her property, and the unauthorized use of the parking structure Joy Pardow, resident, spoke regarding her objections to the proposed skate board park Loretta Frye, resident, spoke regarding what she felt was unfair treatment by the community. Mark Rener, resident, spoke regarding LAX early turns and wave offs, and the proposed skate board park Charles Galia, resident, spoke regarding the impact of the skate board park on Lomita St. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Wernick, SECONDED by Council Member Gaines to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS - 1 Public Hearing for an appeal of the Planning Commission denial of Environmental Assessment EA -491 and Conditional Use Permit (CUP) 99 -9 for a new utility- mounted wireless communication facility (WCF) at 505 East Imperial Avenue in the public nght -of- way (parkway). Applicant and Appellant. Pacific Bell Wireless Mayor Gordon stated this is the time and place hereto fixed for a public hearing for an appeal of the Planning Commission denial of Environmental Assessment EA-491 and Conditional Use Permit (CUP) 99 -9 for a new utility- mounted wireless communication facility (WCF) at 505 East Imperial Avenue in the public nght -of -way (parkway). Applicant and Appellant Pacific Bell Wireless He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received by the Clerk's office Mayor ProTem Jacobs left the dias due to a possible conflict of interest MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 7 00 P M PAGE N0. 2 012 Jim Hansen, Community, Economic and Development Services Director gave a brief staff report Applicant Nate Pendleton, O'Neal Communications Group Inc, representing Pac Bell Wireless, spoke about the Planning Commissions denial, and defended his position Roy Yonemoto, O'Neal Communications Group Inc, spoke regarding the appeal Council consensus to close the public hearing City Attorney Mark Hensley read the following RESOLUTION NO. 4148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DENYING THE APPEAL OF PLANNING COMMISSION RESOLUTION NO. 2458, WHICH DENIED ENVIRONMENTAL ASSESSMENT EA491 AND CONDITIONAL USE PERMIT CUP 99 -9 TO ALLOW A NEW UTILITY - MOUNTED WIRELESS COMMUNICATION FACILITY AT 505 EAST IMPERIAL AVENUE, IN THE PUBLIC RIGHT -OF -WAY (PARKWAY). PETITIONED BY: NATE PENDLETON OF O'NEAL COMMUNICATIONS GROUP, INC., REPRESENTATIVE FOR PACIFIC BELL WIRELESS. MOVED by Council Member Wemmck, SECONDED by Council Member Games to approve Resolutions 4158 denying the appeal of the Planning Commission regarding the application for a new utility- mounted wireless communication facility MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL, AND WERNICK. NOES: NONE. NOT - PARTICIPATING: MAYOR PROTEM JACOBS. 4/0/1. Public Hearing on the proposed protects and budget for allocation of the Fiscal Year 2000- 2001 Community Development Block Grant (CDBG) funds Proposed total Fiscal Year 2000 -2001 CDBG budget: $157,019 (Proposed Community Development Commission CDBG Allocation - $112,375; Proposed General Fund momes - $44,644) Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the proposed projects and budget for allocation of the Fiscal Year 2000 -2001 Community Development Block Grant (CDBG) funds Proposed total Fiscal Year 2000 -2001 CDBG budget. $157,019 (Proposed Community Development Commission CDBG Allocation - $112,375, Proposed General Fund momes - $44,644) He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper notice had been done and no written communications had been received by the Clerk's office Mary Strenn, City Manager gave a brief staff report Council consensus to close the public hearing MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY IS, 2000.7 0o P M PAGE NO. 3 ti 1 -� MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to approve the CDBG projects and budget and authorize the Director of Community, Economic and Development Services to execute agreements with Community Development Commission and authorize him execute agreements in excess of $10,000 with all sub - recipients receiving CDBG funds MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - Withdrawal from the South Bay Regional Public Communications Authority ( SBRPCA) Joint Powers Agreement and contract with the SBRPCA for extended telecommunications services Item pulled for discussion at a later meeting Approval and implementation of Classification and Compensation Study for 119 positions represented by the City Employees Association and Supervisory and Professional Employees Association Jeff Stewart, Assistant City Manager, gave a brief staff report MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to adopt the Classification and Compensation Study, approve the job descriptions for 77 occupation Job classes, approve ranges 1 through 53 of the Permanent Salary Range Schedule, approve the general implementation guidelines as a separate addenda to the existing Memoranda of Understanding (MOU # 2616) and approve budget appropriation for the FY 1999 -2000 in the amount of $51,100 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Consideration of the establishment of a Census 2000 Complete Count Committee to assist the United States Census Bureau to achieve a complete population count of all residents in E1Segundo Directed City Manager Mary Strenn to coordinate the Census 2000 Complete Count Committee D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Appointments to the Senior Citizen Housing Corporation Board, Library Board of Trustees, Capital Improvement Program Advisory Committee and the LAX Master Plan Advisory Committee. Council consensus to appoint Paula Rose Rotola to the Senior Housing Board for an open term expiring June 30, 2002, Nick Grenenday to the Library Board of Trustees for an open term expiring June 30, 2002, Mike Rotola and Robin Kay Funk to the Capitol Improvement Program Advisory Committee for new terms expiring November 30, 2003, and Mike Wyant, Cheryl Frick, Dawn Wendl, Jack Kenton, Eric Busch, Don Brann, and Jeff Messinger, to the LAX Master Plan Advisory Commission, term to be determined MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 7 00 P M PAGE NO 4 o! Positions on Committees, Commissions and Boards (CCBs) that will expire in the year 2000 Council consensus to direct staff to open the recruitment process for the positions on the CCBs Recreation and Parks Commission recommendation for the development of City skate park at reservoir adjacent to Hilltop Park MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wernick to direct staff to develop a skateboard park at the lawn bowling site in Recreation Park. Also, requested staff to investigate a use for the property at Hilltop Park. Mayor Gordon suggested a community garden and requested the Recreation and Parks Commission review this. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 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 Approved Warrant Numbers 2507277- 2507499 on Register No 6 in total amount of $1,139,931.49, and Wire Transfers in the amount of $361,035.32, and Warrant Numbers 2507500- 2507735 on Register No 7 in total amount of $989,983 66, and Wire Transfers in the amount of $61,970 24 10 City Council meeting minutes of December 21, 1999. 11 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 12 Authorize staff to issue a purchase order to Flo- Systems, Inc., for the replacement of sewer flow meters in the amount of $12,622 00 — (Project No PW 00 -2) 13 Acceptance of the rehabilitation of Douglas Street from El Segundo Boulevard to Alaska Avenue — Project No. PW 99 -5 (final contract amount = $248,873.11). Authorize the City Clerk to file the Notice of Completion with the County Recorder's Office. 14 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18,2000, 7 00 P M PAGE N0. 5 !115 15 Adoption of Ordinance No 1316 for a proposed Development Agreement to 1) modify a previously approved Development Agreement to Increase the maximum permitted building area for a previously approved 150 -room hotel from a maximum of 95,000 square feet to a maximum of 110,000 square feet, and 2) allow the property owner permission to construct a left -turn pocket In the El Segundo Boulevard median to allow access to the property from eastbound El Segundo Boulevard Additionally, the developer would grant an access easement to the City of El Segundo across a portion of the front of the subject property in order to provide emergency vehicle access to the City Fire Station #2 (abutting the east side of the project site) via the new El Segundo Boulevard left -tum pocket. (Environmental Assessment EA -496 and Development Agreement 99 -2) Property owner El Segundo HHG Hotel, L.P 16 Examination plans for the Personnel Merit System Job classification of Senior Librarian (Youth Services) and Communications Dispatcher MI 17 Request of City of Los Angeles for temporary closure of Grand Avenue from Loma Vista to Vista del Mar on Saturday, January 29, 2000 from 8:00 a m. to 3 00 p.m in order to permit volunteers to plant 100 trees on Grand Avenue in observation of BEST DAY 2000 MOVED by Council Member McDowell SECONDED by Council Member Gaines to approve Consent Agenda items 9, 10, 12, 13, 15, 16, and 17 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA I 1 Authorize staff to accept a $2,500 donation from Chevron for the Emergency Preparedness Program and deposit check into the Fire Department Donation Account (703- 200 -3201- 2601) No Fiscal Impact MOVED by Council Member Wemmck, SECONDED by Mayor Pro Tem Jacobs to authorize staff to accept a $2,500 donation from Chevron for the Emergency Preparedness Program and deposit check into the Fire Department Donation Account (703- 200 -3201- 2601). MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 14 Second reading of Ordmance No 1315 amending Sections 2 28 025, 2 28 030 and 2 28.040, Title 2 of the El Segundo Municipal Code, creating the Department of Community, Economic and Development Services, eliminating the at -will positions of Director of Planning and Building Safety, Director of Economic Development and Director of Human ResourceslRisk Management; and creating the at -will positions of Director of Community, Economic and Development Services and Economic Development Manager Requested Staff to agendize under her name a discussion of the Incentive program, (Title 3 of the Municipal Code) for the next meeting MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 7 00 P M PAGE N0. 6 MOVED by Council Member Wermck, SECONDED by Council Member McDowell to Adopt Ordinance No. 1315, amending Sections 2 28.025, 2.28.030 and 2.28 040, Title 2 of the El Segundo Municipal Code, creating the Department of Community, Economic and Development Services, eliminating the at -will positions of Director of Planning and Building Safety, Director of Economic Development and Director of Human Resources/Risk Management; and creating the at -will positions of Director of Community, Economic and Development Services and Economic Development Manage MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS - NONE G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE 18 Oral report of election activities as of 5 p.m., January 18, 2000 Clerk Mortesen reported that as of the close of business today, there are three candidates for Council, one candidate for City Clerk, and one candidate for City Treasurer J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the total eclipse of the moon and Thursday evening He also spoke regarding the expansion of LAX and the impact on the upcoming primary elections Council Member Gaines — Spoke on the technical symposium to be held in San Diego. He and Jeff Stewart will be attending with a member of the LAX Commission. Council Member Wernick — Spoke regarding the opening of the Census Bureau Mayor Pro Tem Jacobs — Spoke regarding the hazardous waste round up 17 Two bond measures, Proposition 12 ($2.1 billion dollar parks bond) and Proposition 13 ($1.8 billion dollar clean water bond), shall go before the voters on March 7, 2000 Mayor Gordon stated that as a whole the City will not support or oppose different bond measurers that do not directly affect El Segundo MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18.2000.7 00 P M PAGE N0. 7 I1 71 Consensus of Council that Mayor ProTem Jacobs use her best Judgement when voting on this issue when representing the City at COG Mayor Gordon — Council Member Gaines, and Mayor Gordon, as an alternate, appointed to the ASNAC Council Member Wermck and Council Member McDowell will serve on the LAX Advisory Committee Agendize the use of an entertainment permit and times allowable for use Access the policy and review the restnctions PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of350 or more to communicate to the City Council on behalfofanother, and emplovees speaking on behalfoftheir emplover, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of S250 MEMORIALS — Adjournment will be in memory of (1) Robert Henry Dietrich, 1954 retiree of the El Segundo Police Department, Badge #120, (2) Herbert Nikirk, retired art teacher, artist and commemorative stamp collector, and (3) Betty Schott, active in the community and wife of RSVP Jack Schott ADJOURNMENT at 9 15 P M to February 1, 2000 at 5.00 p in Cindy Mortesen, City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 18, 2000 - 7 00 P M PAGE N0, 9 u18 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: February 1, 2000 AGENDA HEADING: CONSENT AGENDA DESCRIPTION: Approval of resolution authorizing use of credit cards for city services RECOMMENDED COUNCIL ACTION: Council approval is required by Government Code number § 6159 INTRODUCTION AND BACKGROUND: This will allow our residents to use their Visa or Mastercard for payment of spring registration at Recreation Park If the program is well received, it may also be initiated for use by the library, police and fire, and other departments DISCUSSION: This office is in the process of evaluating costs which are somewhat dependent upon usage and volume We will have more detailed information after the initial implementation at spring registration ATTACHED SUPPORTING DOCUMENTS: Initially, only Visa and Mastercard will be accepted FISCAL IMPACT: Unknown as of January 25, 2000 ORiGINA Date: 1/25/00 REVIEWED BY: Date: .l� 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE PRACTICE OF ACCEPTING PAYMENT BY CREDIT CARD FOR CITY PROGRAMS AND SERVICES FOR SPRING 2000 WHEREAS, the City Is in the process of evaluating whether or not It is In the City's best Interest to begin accepting payment by credit card for City programs and services, WHEREAS, as part of this evaluation process, staff has recommended that the City accept Mastercard and Visa for payment of fees and charges for Spring 2000 registration for Park and Recreation programs, WHEREAS, Government Code Section 6159 requires that City Council approval be obtained prior to the City's acceptance of payment by credit card, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE' SECTION 1 Pursuant to Government Code Section 6159, the City of El Segundo is hereby authorized to accept Mastercard and Visa for payment of fees and charges for Spring 200 registration for Parks and Recreation programs on terms approved by the City Manager, and SECTION 2 Once staff has had an opportunity to evaluate whether or not It is in the City's best interest to implement a permanent practice of accepting payment by credit card for City programs and services, this matter will be brought back to the City Council for further consideration 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 the City, and shall make a minute of the passage and adoption thereof in the records of proceedings of the City Council of the City, In the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED, AND ADOPTED this 1" day of February, 2000 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City Is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the Clty Clerk, all at a regular meeting of said Council held on the 1" day of February, 2000, and the same was so passed and adopted by the following vote- AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM. ark Hen I ttomer RESOLUTION NO APPROVING CREDIT CARD PAYMENT PAGE NO I ,-I [U EL SEGUNDO CITY COUNCIL AGENDA HEM STATEMENT AGENDA DESCRIPTION: City Treasurer Portfolio report and investment charts RECOMMENDED COUNCIL ACTION: Receive and file report INTRODUCTION AND BACKGROUND: ATTACHED SUPPORTING DOCUMENTS: MEETING DATE: February 1, 2000 AGENDA HEADING: CONSENT ORIGINATED: Date: Btl� 1/25/00 REVIEWED BY: Date: Z r /Oa Memorandum To: Honora le or and City Council Members From: Bill Bue Date: 01/25/00 CC: Bret Plumlee, Mary Strenn Re: Attached Portfolio Report and investment charts The attached chart reviews the investments over the past five years The upper graph depicts total investments which have exceeded 35 million all five years The lower graph is the liquid investments, primarily LAIF It is my opinion that we have held too much money in liquid investments over the years, almost all of which have been in LAIF We have been using LAIF as our benchmark for the portfolio and the spread today is considerably wider than it was over the past several years The average interest rate of LAIF investments in 1999 was about 5 4% and is expected to be in the 5.7% range for 2000 I have reduced the liquidity of our portfolio to about seven million dollars and have realized what I expect to be a spread of about 110 basis points over LAIF during the next several years One basis point on a million dollars is approximately $100 a year. I have procured 7.1 million dollars worth of bonds over the past several months which has reduced our liquidity position to near 7 million dollars by the end of December 1999, as shown on the chart These investments should yield about 6.8 %. If the rate goes down, some of the bonds could be called, but many are one time calls and our yield is protected for some time to come. The largest share of these investments are scheduled to mature in 2002 when we may expect the need for extra dollars for the expansion of Douglas Street, new fire station, water wells, etc. Obviously, these needs may disappear, never happen, or other needs may anse It is based on the best information available to me at the tune of the investments Please call me if you have questions, recommendations or need additional information concerning this investment strategy !"22 Upper graph Total Investment E 450 400 350 INVESTMENT TREND R M N a 250 -- - -- F 200 - -- -- -- - - - 150 100 50 t 1996 t 1997 -+ -1998 1999 --0-1995 t 1995 A 1996 t 1997 -0-1998 - - 6 1999 00 JAN FES MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Lower graph LAW Investment u 2 ;y In CO h f0 O) U7 co h co O m O) 0) O) m O) O) O OOi O) i■oo■©a00a c� a 0 z w cr J H � F z W W W z } a [D W W y E H a c Z LL a JL O O O O O O O O O O O C n O O tl1 O tf) O ^ O )O O U) SNoniiw 3 a x)24 -0 Ms�2e � Ata h� :: � N N W h NSZiuV.OQO iLLW WLL{.l .)H t O/ N V! .Y g r. e o m �m d q� �v0 d C O � O 7 m U W 4 11 11 N M Y -_ 91111C�1111111111111911111111111118110 ', 0111011111 @1111119111111111111111110 9100119111111111�11111111111111111010' 881888 @818 @B8 @818888888881888 @8818888 '' 8�I�88881888888188�8�8888188888�18B8B 111888801888688108BOfl1688108188816088 �1- q �O t �O nW °o z 4 W K W �Z OF m W OW ,o m� Q aQ 2N W J J ? U J LL Q LL KU U�J 8111111111111111111111111iii111111110 9111111I111111illllllllllllllllllll�0 QIIIIit I IIIIIIIII11111111IIIIIIIIIIIC _ Q 1111111111111 ! ! 1111111111111111111110 911111111111111111111111 1 11111o(illlt, 9111111111111111111111111111101111110 = 9 9111111111111111111111111111011111110 , 81111111111111 { {Illillllll0a0fi1111118 ,1 91111111111111111111110 1 1111111111110 ! !, _ 8 8111111111111111111000111111111111110 , 0111111111111111100111111111111111118 , , 8111111111111110 0 011111111111111111110 ' 'I' 91111111111110111111111911111111111 � � 0 0 81111111110001111111111111111SIIIiilO ' 'I __ 8 91111101111111I111911111I111111I11119 �1- q �O t �O nW °o z 4 W K W �Z OF m W OW ,o m� Q aQ 2N W J J ? U J LL Q LL KU U�J EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Approval of Bid #PA99 -13 to Yamada Enterprises for the replacement of 56 Reading Chairs in the Library. (Fiscal Impact: $10,062.92) RECOMMENDED COUNCIL ACTION: Approve and award Bjd #PA99 -13 to Yamada Enterprises INTRODUCTION AND BACKGROUND: In the 199912000 fiscal year budget City Council approved the Library's request for the replacement of 56 reading chairs on the main floor of the Library. The existing chairs are worn and broken due to heavy use around study carrels, reading tables, and the Reference area The initial quote price of $19,214.38 was approved in the Library's budget, account number 001 -400- 6101 -8103 The lowest bid by Yamada Enterprises was $10,062.92. ATTACHED SUPPORTING DOCUMENTS: A "Results for Bid #PA99 -13" prepared by J. Richard Hogate, Purchasing Agent, on 12/14/99. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $10.062.92 Project/Account Budget: Project /Account Balance: $19.214.38 Date: 211100 Account Number: 001- 400 - 6101 -8103 Project Phase: Issue Purchase Order Appropriation Required - Yes No x ORIGINATED: n �1�(tv)A� Date: 1/17/00 DISCUSSION: Bids for the replacement of 56 reading chairs in the Library were received and opened on Tuesday, December 14, 1999 by the three vendors in attachment A Yamada Enterprises responded with the lowest bid of $10,062.92. The chairs are Ann Style Library study chairs with upholstered seat and back, and custom wood finish to match the existing Library furnishings The manufacturer's warranty is 12 years. 5 ATTACHMENT A 12/14/99 RESULTS FOR SID#PA 99 -13 Qty-(56) Arm Style Library Study Chairs Total Bid Delivery Comoanv Name: Bid Submitted By Amount, Pavment Terms• A.R.O.• Ro ers School & Business Products, Inc Patricia Rogers, President $11,105 58 1% 15 days. net 30 da s 70 da s S TWO, Inc Ghnstine A Siems, President $11,942 14 1% 10 da , net 30 da 70-90 da s Yamada Enterprises I Unda Braverman, Rep. j $10,062.92 INet 30 days_ 60 -75 days City Council approved the purchase of (56) replacement Library chairs in the 1999/2000 fiscal year budget, account number 001 -400- 6101 -8103, in the amount of $19,214 38 Bids were sent out, received and opened on Tuesday, December 14, 1999 @ 11 00 a m by the City Clerk's office, from the three vendors listed above Based on these results, the lowest responsive bidder is Yamada Enterprises for the requested chairs Recommendation is therefore requested to allow the Purchasing Agent to 1 Award a City Purchase Order to Yamada Enterprises for the budgeted chairs 2 Dispose oftor redeploy old Library chairs as necessary based on there condition Bid Results - PA 99 -13 - (56) Library Chairs Report prepared by J Richard Hogate, Purchasing Agent on 12!1411999 r, i EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION, Application to the U S Department of Housing and Urban Development for a $250,000 grant for the design and development of the Douglas Street Gap Closure Protect RECOMMENDED COUNCIL ACTION: Approve application and authorize the City Manager to execute the application and supporting documents on behalf of the City. INTRODUCTION AND BACKGROUND: For the last several years the City has been pursuing the construction of a project to close the existing gap in Douglas Street between Alaska Avenue and Park Place The scope of the protect includes construction of a new roadway under the existing Burlington Northern Santa Fe Railroad tracks and the Metro Green Line Station by means of a grade separation structure The estimated total cost of the project is $12 9 million Currently, the City has received approval of a Metropolitan Transportation Authority (MTA) grant of $8 385 million The MTA grant will be available in fiscal year 2001- 2002 DISCUSSION- Currently, the protect has an unfunded balance of $4.515 million The City has retained the lobbying firm of Cassidy & Associates to seek federal funds to finance this unfunded balance. Pursuant to the efforts of Senators Barbara Boxer and Diane Feinstein, Congressman Steven T Kuykendall and Cassidy & Associates, the City has been notified that a $250,000 grant has been approved by the U S Department of Housing and Urban Development through its Economic Development Initiative Program The City is required to submit a formal application before the grant funds can be made available for the project Staff is requesting City Council approval of the enclosed grant application and authorize the City Manager to execute the application and the supporting documents on behalf of the City ATTACHED SUPPORTING DOCUMENTS: Grant application with supporting documents FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number- Project Phase: Appropriation Required: No Date: N COUNCILTE601 -01 (Monday 1124100 3 00 P M ) A w r, l Z• Py,(YEM1,�F U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D C 20410 -7000 OFFICE OF THE ASSISTANT SECW"Y OF 1 FOR COMMONNY PLAMNG AND DEVELOPMENT The Honorable Mike Gordon Mayor of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Dear Mayor Gordon: The Congress has directed our Department to provide funding from the Economic Development Initiative (EDI) account for certain EDI- Special projects, pursuant to the VA -HUD- Independent Agencies Appropriations Act of 2000. These projects are specified in the Conference Report (HR 106 -379) on the FY 2000 Appropriations Act for HUD and other agencies (P. L. 107 -74). The Conference Report specifies the following project for your jurisdiction: $250,000 for the design and development of the Douglas Street Gap Closure project. Enclosed are all the materials necessary to apply for the project listed above, to be completed and returned to the Department as explained in the instructions. As soon as we receive your completed application, we will review it promptly for consistency with the intent of Congress and applicable requirements and will notify you directly regarding approval of funding for the project. If your staff have any questions regarding the application package, they may contact the EDI - Special Projects Team, Office of Economic Development and Empowerment Service, Room 7140, U.S. Department of Housing and Urban Development, Washington, DC 20410, at (202) 708 -3773. I look forward to working with you to see this project to completion. Sincerely, ardell per Assistant Se etary Enclosures U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY PLANNING AND DEVELOPMENT WASHINGTON, DC 20410 APPLICATION PACKAGE FOR FY 2000 EDI- SPECIAL PROJECTS WHAT TO SUBMIT: Your FY 2000 EDI - special project application consists of an original and two copies of these six items: 1. A one -page application form (See Attachment 1); 2. A one -page budget (Also Attachment 1); 3. Assurances that apply to your project (See Attachment 2); 4. Applicant Certification of Compliance (Also Attachment 2); S. Certification/Disclosure of Lobbying Activities (Also Attachment 2); and 6. Acknowledgment of Receipt of Application. (Also Attachment 2). WHERE TO SUBMIT: Processing and Control Branch, Room 7251 Attn: TY 2000 EDI - Special Projects, CPD U.S. Dept. of Housing and Urban Development 451 Seventh St., SW Washington, DC 20410 WHEN To SUBMIT: You may submit your application anytime after receiving this application package and invitational letter. However, HUD encourages you to send in your application within 60 days after you receive the invitational letter, in order for us to respond promptly both to Congressional intent and to your local needs. U 3 ., U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410 APPLICATION FORM FOR FY 2000 EDI- SPECIAL PROJECT GRANT Legal Name and Address City of E1 Segundo 350 Main Street El Segundo, CA 90245 (1) Organitatlomri Unit: Public Works Department (2 ) Name and Tdephouc Number of Coeaet Peraoe (gore eras code) • (3 ) TEL 310 - 607 -2231 EIN or TIN: 95- 6000706 Bellur Devara 7 FAX. 310- 640 -0489 Type of Applicant (check the appropriate bor). Congressional District(e): 3 6 (S) Pro)ect Indode Construction_ (6 ) (4) ® UnitofGmmlGoverrlmrni Applicant City El Segundo - or Acquisition 0 Yes 0 Collett or ❑ college or University Douglas Project 9 Street Gap Closur P ® No 0 Othcr Nonprofit 1 Participating Parties: eater Dame and function of any particapataag parties. NAME FU\CTIC\ (7) Protect Description (mutt conform to descnpaon in HLD Appropriations Committee Conference Repon r)ich is quoted in the invrranon lerrer from HUD to Applicant) (use additional pages if nteded) (8) Project Description: Please see attached. Project Budget: Consultant costs for preliminary design, engineering and project development: $250,000.00 t Amount (nuat to _ tkk 0 E BEST OF 571' KNOWLEDGE AND BELIEF. ALLDATA IN Tail- APPLICATION ARE TRUE AND CORRECT. THE UNIENT HAS BEEN DULY AUTHORIZED Bl THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL CONIPLS' WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. re or uthorized Repmentsave I Dvr. n -_— .- . - PROJECT DESCRIPTION (a) General The allocated grant will be utilized by the City to retain a consultant to perform preliminary engineering leading to the development of the Douglas Street Gap Closure Project in the City of El Segundo The Gap Closure will include construction (not funded by the grant) of a new roadway under the existing Burlington Santa Fe railroad tracks by means of constructing a grade separation structure (b) Economic, Social, or Physical Needs Addressed by the Project The proposed Gap Closure will enable the City to rebuild or recycle older commercial/ industrial buildings on and in the vicinity of Douglas Street The existing structures are old and underutilized by warehouses and other low employee uses The Gap Closure will provide incentive for employee intensive businesses such as "h1- tech" industries to develop the area and to increase employment in the region. The proposed Gap Closure will also provide an alternate north -south comdor to serve the southbay area commuters from the area south of the Gap Closure to the high employment area north of the Gap Closure and provide direct access to the 1 -105 Freeway. The only other north -south Sepulveda and Awabon Boulevard corridors are heavily congested and the proposed project will mitigate this congestion The project will also improve pedestrian and vehicular access to the existing Douglas Street Metro Green Line Rail Station which is located within the existing gap that will be closed by the proposed protect. Opportunities will be explored for providing a parking lot for car pool /public transit to serve the Green Line Station (c) Key Components and Estimated Cost of Each Component The project funded by the EDI grant will provide partial funds for the preliminary engineering and design development. The cost components for construction (currently not funded by the grant) will be established as part of the design development. (d) Start and Completion Times It is anticipated that the design development funded by the EDI grant will commence within four (4) months of the date of the H.U.D. execution of the grant agreement and take approximately one (1) year to complete (e) Entity Responsible for Implementing the Project City of El Segundo 350 Main Street, El Segundo, CA 90245 N \PROJECTS)DOUGLAS GRANT (1114700) OMB Approval No 0348.00 ASSURANCES •- NON-CONSTRUCTION PROGRAMS Public reporting burden for tha% wilecuon of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 - 0040), Washington, DC 20501 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program, If you have questions, please contact the awarding agency Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be nouried. As the duly authonzed representative of the applicant I certify that the applicant. 1 Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non- Fedcral share of project cost) to ensure proper planning, management and completion of the project described in this applicauon '_ Will ci%e the awarding avency, the Comptroller General of United Suter and if appropriate. the State, through an% authorized representau%c. act-ess to and the right to enamne all rccord�. book,, papers, or document.% related to the award and will establish a proper accounting 5551em in ac.ordince with generally aLCCpted accoununc standards or accnL% dirccuvcs 3 Will establish satcguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearanLC of personal or organizational conflict of interest, or personal gain w dl initiate and complete the work within the applicable time frame alter receipt of approval of the awarding agency 5 Will comply with the Intergovernmental Personnel Act of 1970 (42 U. S C §4728.4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations spoLi ied m Appendix A of OPM's Standards for a Ment System of Personnel Admuttstmuon (5 C F. R. 900, Subpart F) 6 Will comply with all Federal statutes relating to nondt %Lnminauon Thm include but arc not limited to (a) Title Vi at the Civil Rights Act of 1964 (P.L 88 -352) which prohibits dix rimination on the basis of race, color or national origin, (b) Title iX of the Education Amendments of 1972- is amended (20 U S C 4168 1 - 16K2 ,and 16)(5. 1686), which prohibits di %cnmmauun on the With of %CA, (L) SC(tinn 504 of the Rehabilitation Act of 1973, as amended (29 U S C §794), which prohibits disenmmauon on the basis of handicaps. (d) the Age Discrimination Act of 1975, as amended (42 U S C §6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972(P.1-92- 255).asamended relating to nondiscrirnination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 19' (P .L 91.616), as amended, relating to nondiscnminatiL on the basis of alcohol abuse or alcoholism: (g) § §523 and 527 of the Public Health Senice Act of 1912 (42 U.S C _ -90 dd -3 and 290 ee -3). as amended. relating to confidenualit) of alcohol and drug abuse patient records. (h) Tide VIII of the Civil Rights Act of 1968 (42 U.S.0 §360) ei seq ), as amended, relating to nondiscnminauon in the sale. rental or financing of housing (t) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and (1) the requirements of an) other nondiscrimination statutetsl which ma% apps% to the applcation Will comply, or has alread) complied, with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Propert) Acquisition Policies Act of 1970 (PL 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federate) assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal parutipauon in purchases 8 Wdi comply, as applicable, with provt%tons of the Hatch Act (5 U S C § §1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded tit whole or to pan with Federal funds Prwiau� EiMNn UwW tumWa i Foci, 4249 (Mr 44Z) Pnoeiew M Oita CireitiPgJ •q . Attthorlsed for Lacel Reproduetlon JJ Will comply. as applicable, with the provisions of the Davis -Bacon Act (40 U.S.0 §§2761 to 2761 • 7), the Copeland Act (40 U.S.0 §4276c and 18 U S C § §874), and the Contract Work Hours and Safety Standards Act (40 U.S.0 § 027.333). regarding labor standards for federally assisted construction subagrecmcnts 10 Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (RL. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition Is S 10.000 or more 11 Will comply with environmental standards which may be prescribed pursuant to the following (a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514. (b) notification of violating facilities pursuant to EO 11738. (c) protection of wetlands pursuant to EO 11990, (d) evaluation of flood hazards in floodplams in accordance with EO 11988. (c) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ¢ §1451 et seq.), (f) conformu> of Federal actions to State (Clc.r Air) Implementation Plans under Section 176tc) of the Clear Air Act of 1955, as amended 02 U.S.0 C4 7.401 et seq ) (g) protection of underground sources of drinking water under the Site Drinking Water Act of 1974, as amended, (P.L 93.523), and (h) protection of endangered spmia under the Endingercd Speues ALI of 1973, as amended, (P.L 93 -205) 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U S.0 §§1271 et seq ) related to protecting components of potential components of the national wild and secmc rivers system 13 Will aetst the awarding agency in assuring compliance with Section 106 of the National Historic Prcwrvauon Act of 1966. as amended (16 U.S.0 470), EO 11593 (denuficatton and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 ci seq ). 14. Will comply with P.L. 93.348 regarding the protecuon of human suble5n involved in research, development, and related activities supported by this award of assistance 15 Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 89.544, as amended. 7 U S C 2131 et seq ) pertaining to the care, handling. and i=tment of warts blooded animals held for research, teaching, or other activities supported by this award of assistance 16 Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq ) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17 Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular %o A -133, Audits of Institutions of Higher Learntne and other Non - profit Insututions 18. Will comply with all applicable requirements of all other Federal Lms, executise orders regulations and policies govemmg this program SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL T7TLE PPLIC.WT ORGANI-l.AMON DATE SUBMITTED a"n"'d r� 4248 lt>w 40921 ►.ea 0,44 Applicant Certifications The Applicant hereby assures and certifies that it will comply/ has complied with the following requirements, and will assure .compliance with the following by any beneficiaries to whom grant funds are passed for purposes of carrying out the project, as applicable: 1) 24 CFR Part 85, OM Circular A -87, and OMB Circular A -128 for grant administration by units of government. 2) 24 CFR Part 84, OMB Circular A -122 (or for Institutions of Higher Learning, OMB Circular A -21), and OMB Circular A -133, for grant administration by non - profit organizations. 3) The applicant has the capacity to administer the grant in accordance with applicable statutory and OMB requirements. 4) If the project involves construction, the applicant will: (1) obtain and maintain plans and specifications for the project, as appropriate; (2) ensure that the drawdown of grant funds allocated for construction costs will be at a rate not to exceed the percentage of project completion; (3) ensure that 10 percent of payments for project costs will be withheld from the construction contractor pending completion, (4) ensure that construction will not begin until all funds needed for construction completion have been committed to the project, Executed this date of 199_ By: (signature) (typed or printed name (title) Warning: Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat. 967) applies to the above certification. 18 U.S.C.1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the jurisdiction of any deparmtner or agency of the United States, shall be fined no more than $10,000 or imprisoned for not more than five years, or both. Certification Regarding Lobbying Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of. any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this Covered action: date of , 19____ By (Signature) (Typed or printed name) (Title, if any) (Project name or activity) -A 0 { ' Disclosure -of Lobbying Activities Complete this form to disclose lobbying bubbles pursuant to 31 U.S.C. 1352 Approved t B (See leveler side for IndYelons and public burden tlrtlmve) 034 r'E t. Typo of Federal Aeeuon: 2 Soar of Federef Aotlerr: 3. Rep, Typo. S. contract ®b a tiidroMedappbcation ® a inhfa oft grant b Ytttlal award a. materiel change e cooperative agreement apost -sward For seeerY tLrrge Only: it Ulan year orenor e loan guarantee I loan Insurance date of Wt report A Nam. and Address of Reporting Entity: A. R Repexeng Fray In No. 4 Is Suasiveness, ~ Nenw and Add an of ®Prune �Subawardes Tlr .e oween Prime: City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 coagroaxia el District, a best 3 6 Congressional Notelet, a arose e. Foda of Dep.awnvAw^oy 7. Federal Program lrnvOrmiptlen: Department of Housing and Urban Economic Development Initiative Development CF0411urrtMr, it applicable S. Federal Aedon Nwnbor, it utwsn a. Award Amount, a Mown - $250,000 10a Moro and Addraeo of Loboymp E,tdy (d ndrnduai last name rest nww MI) Cassidy& Associates 700 Thirteenth Street, N.W. Suite 400 Washington D.C. 20005 -5917 b. Indblduala poeletrNrO Seller unduWnpaddressildeleremf ors No tna.) Pam earrm and none. rib) Doyle Jr., John S. Tate Jr., Dan C. Osborne, Valerie A. Walsh, Maureen Mason, Arthur D. Russo, Martin A. SF -LLL-A d 11. Amount of Payment lanais an but apply) 13. Type of Payment (dtodr Doe but apply) s 210,000 ©aauai planned a retainer e one -time tae 12 Form of par"rel (ctwa an N: aoay) c oornrression 7X cash d contingent tee 7 b matmd, :pecan nature a deterred I other spaay 14. &NfOeeWOdonofS +rhea +PsnnrmworgM Per AD I and Oale( e) of 5ervla.lnaludbwelRudsLemebreMSL WMM$berlslaenoalW.terpevment blieebd In hence 11: Based upon Counsel's interpretation of the Byrd Act as amended by the new Lobbying Disclosure Act of 1995, Public Law #104 -65, Section 10, we believe we are in full compliance with both Acts, and therefore have provided the information that is currently required. If our interpretation, of the law differs or- is inaccurate we will gladly provide you 13 Continuation Shosra) SF -W.-A aRrdud: L_j Yee is infomatron roqueslW through t a form is euvionrod by ff1M 31 U.S.0 swoon 1352 TMs dadbawe of babying aawror b a msrrual reprren- taoon of tut upon which reliance was pleted by the above when do eansacoonwas made orenlered into Thoduedoaumalequsedpurevant to 31 U S C 1352 The+ tnbrmaaon wit be reported to the Congress asman% effy and volt be avadelde for public inspadson Any person nano pre to Ids the nequued dMdasure atWi he subject to a eard pettaiy of not Mss man 310.000 and not men dun $100.0tio for each such failure Federal Use Only: Signature. Print Nam+. — TW+: Teiapho" W.. Dole. Ij j i Institutions for Completion of SF-LLL, Disclosure of Lobbying Activities This rhsdosuro form shall be aompleted by the reporting amity, whether subsward" or prima Federal redpent at the initiation or rilcsyt at a covered Federal action, or a material change to a previous Ming. pursuant to this 31 U.S.C. section 1352 The filing of a form to required for each payment at agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employ" of any apeney, a Mentor of Congress, an officer at employee of Congress, at any employee of a Member at Congress In connection with a covered Federal action. Use the SF -LLL -A Continuation Shoot for additional information h the space an the form a Inadequate Complete all hens that apply for both the Initial }Bing and material change report Rotor to the implementing guidance published by the Of ics of Management and Budget for adefbonal hdormalmn. 1. Identify the type of covered Federal action for which lobbying activity Is and/or has been securedto Influence the outcome of a covered Federal action. 2. identify the status of the covered Federal action, 3. Identffythe appropriate Classhkation of this report. 0 this is a folfowup report causedbya matedaichangs to the information previously reported, anterthe yearandquanorin which thechangs occurred. Enterthe date of the lastprsvmuslysubmgtodtoMitbyttto reporting emayfortha covered Federal action 4. Enter the full name, address, city, state and Zip code of the reporting amity Include Congressional District, h known. Check the appropriate ciassdcation of the reporting entdythat designates it It is, or expects to be, a prune or subaward reapiant. Identify the her of the subawardee, a 9 , the first subawardae ofthe pnma ale litter. Subawards include but are not limftedta subcontracts, subgrantsardconnract awards undargrerits 51f the organization tiling the report in hem 4 checks'Subawardso", Men enterthe full name, address, city, state and zip code of the pnme Federal recipient, Include Congressional District, If known. 6 Enter the name of the Federal agency making the award or loan commutmem. include at least one organizational level below agency name, B known For example, Department of Transportation, United States Coast Guard 7 Enter the Federal program name or description for the covered Federal action (hem 1), If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for gams, cooperative agreements, loans, and ban commitments. 6 Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e g . Request for Proposal (RFP) number, invitation for Sid (IFB) number, grant announcement number; the contract, grant, or loan award number, the application proposal control ,mbar assigned by the Federal agency). Include prefixes, e.g ,'RFP -DE -90 -001 e For a covered Federal action where there has been an award or loan commitment bythe Federal agency, enter the Federal amount at the award' ban commitment for the prime entity identified in Gem 4 or 5 to (a) Enter ine full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action (b) Enter the full names of the indrvidual(s) performing services, and include full address h different from 10 (a) Enter Last Name, First Name, and Middle Initial (MI) 11. Enter the arnountof compensation paid or reasonably expected to be paid by the roportingentity lgemil)toths lobbying shiny (item 10) Indicate whether the payment has been made (actual) or wig be made (planned), Check all boxes that apply If this is a material change report, enter the cumulative amount of payment made or planned to be made 12 Check the appropriate box(es) Check all boxes that apply h payment is made through an m4md contribution. specify the nature and value of the in-kind payment 13 Check the appropriate box (es) Check all boxes that apply 9 other, specify nature 14 Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to p ortorm, and the date(s) of any services rendered Include all preparatory and related activity, not just time spent in actual contact with Federal officials Identity the Federal Gtlictal(s) or emptayee(s) contracted or the officer(s), empioyes(s), or Member(s) of Congress that were contacted 15 Check whether or not a SF -LLL -A Continuation Shoot(s) is attached. 16 The certifying omx3al shag sign and date the Corm, print his/her name, title, and telephone number sacs saxws ttadiweq and mavmwano iM data needed, raw wmpisanG and rwierrvio lee mNeeon maiiwmaeen sin m�e reoarduw tixs (03444046), Washingron D C 20503 'l,l 8 Aueerlxed ter Leven Reproduction Standard Fomr-LLL Acknowledgment of Receipt of Application for FY 2000 EDI- Special Project Grant U.S. Department of Housing and Urban Development Washington, DC 20410 Type or clearly print your name and return address in the space below. 350 Main Street E1 Segundo City Hall E1 Segundo, California 90245 told line To Be Signed /Dated Below by HOD Processing and Control Branch, Room 7251, 451 Seventh Street, SW, Washington, DC 20410: We have received your application for a FY 2000 EDI- Special Project grant. The EDI - Special Project Team will review your application and contact you if any more information is needed. Otherwise, you should receive an approval package in the near future. Processor's Name: Date of Receipt: � n EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 GENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: City - Caltrans Master Agreement and Program Supplement for a Caltrans grant of $105,000 00 for the rehabilitation of Grand Avenue between Main and Maryland Streets RECOMMENDED COUNCIL ACTION: Approve the Master Agreement and the Program Supplement and authorize the Mayor to execute the documents on behalf of the City INTRODUCTION AND BACKGROUND- The adopted fiscal year 1999 -2000 Capital Improvement Program includes a protect to rehabilitate Grand Avenue between Main and Maryland Streets The scope of the work Includes pavement grinding, asphalt concrete overlay and pavement striping DISCUSSION In September 1999, Caltrans notified the City that a maximum of $105,000 00 of Caltrans funds are available for rehabilitation of local roads under a State program related to the 1998 El Nino storm damage Staff had submitted the Grand Avenue rehabilitation project for consideration by Caltrans for funding by the State program This project has now been approved for funding and Caltrans has requested the City to execute a Master Agreement and a Program Supplement before the grant funds can be allocated The total estimated cost of the Grand Avenue rehabilitation is $170,000 00. it is proposed that the project be funded by the $105,000 00 Caltrans grant and a Gas Tax fund allocation of $65,000.00 as budgeted in the current Capital Improvement Program The enclosed Master Agreement and the Program Supplement have been approved as to form by the City Attorney ATTACHED SUPPORTING DOCUMENTS: Master Agreement and Program Supplement FISCAL IMPACT: Operating Budget: No Capital Improvement Budget. Yes — Gas Tax funds Amount Requested: Project/Account Budget: $65,00000 Project/Account Balance: Date- Account Number: Project Phase: Approval of Grant Agreement Appropriation Required: No N COUNCIL5FE801 -02 (Tuesday 1118700 9 00 A M ) 7 114 fL STATE OF CALIFORNIA BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor DEPARTMENT OF TRANSPORTATION DESIGN AND LOCAL PROGRAMS 1120 N STREET P O BOX 942874, MS # 1 Sacramento, CA 94274 -0001 TDD (916) 654 -4014 (916) 654 -3151 Fax (916) 654 -2409 December20, 1999 Mr. Bellur Devara) City Engineer City of El Segundo 350 Main Street El Segundo, Ca 90245 Dear Mr. Devaral. RECEIVED DEC 2 71999 File 07- LA- 0 -ESEG RPL- 5235(006) PUBLIC WORKS on Grand Avenue from Main Street ENGINEERING to Maryland Street Enclosed are two originals of Administering Agency -State Master Agreement No. 000235 and Program Supplemen Agreement No. 0223 Rev 000 Please sign both copies of these Agreements and return them to this office, Office of Local Programs - MS1 Alterations should not be made to the agreement language or funding Attach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested No invoices for reimbursement can be processed until the agreement is fully executed, Sincerely, �� BARRY A. LEAMING, Acting Chief Office of Local Programs Project Implementation Enclosure c OLP AE Project Files (07) DLAE - Satish Chander 0 4 i MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR STATE FUNDED PROJECTS District 07 Agreement No 000235 City of El Seettndo Adminstering Agency THIS AGREEMENT, made effective this day of , 1999. is by and between the City of El Segundo, a city, county, or other public entity, hereinafter referred to as 'ADMINISTERING AGENCY,' the State of California, acting by and through its Department of Transportation, hennafter referred to as 'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the State Transportation Improvement Program (STIP) or other programs as defined in the Local Assurance Program Guidelines for use on those local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT'; and WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal funds; and WHEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY NOW, THEREFORE, the parties agree as follows ARTICLE I - PROJECT ADMINISTRATION I This AGREEMENT shall have no force or effect with respect to any programmed PROJECT unless and until a PROJECT - specific program supplement, adopting the terms of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties 2 The Financial commitment of STATE funds will occur only following the execution of this AGREEMENT and the subsequest execution of each applicable PROJECT - specific PROGRAM SUPPLEMENT 3 ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT Page 1 of 8 4121/99 4 The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program. and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body 5 PROJECT shall be acquired, designed, and constructed as required in the Local Assistance Program Guidelines, such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT. 6 Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts, 7 The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and State funding participation is limited to the amounts established by STATE A contract for an amount in excess of said approved estimate may be awarded and expenditures may exceed said estimate provided ADMINISTERING AGENCY provides the necessary additional funding or a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting PROJECT funds 8 Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows (a) STATE will reimburse the STATE's share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE issued encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to he acquired, designed, or constructed and to establish ownership and future maintenance obligations (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT Page 2 of 8 4121/99 0 4 3 9 The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT to Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference this AGREEMENT number, PROJECT number, and progress billing number for the PROJECT, and shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance Procedures Manual published by STATE 11 STATE programmed amounts may be increased to cover PROJECT cost increases only if such funds are available, STATE concurs with that proposed increase, and STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds 12 When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts approved in the PROGRAM SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds 11 The legislature of the State of California and the Governor of the State of California, each within their respective Jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and_ regulations embodying such requirements where they are applicable. 14 ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15 After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A -133 Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that Page 3 of 8 4121199 F. i , (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A -87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report ) 6 ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations, Title 49, Part 18 In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A -87 The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget Circular A -87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 17 The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual The Final Invoice must be submitted with the "State Report of Expenditures ". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects 18 STATE reserves the right to conduct technical and financial audits if it is determined to be necessary After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY 19 Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT amount paid by STATE from future apporuonments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY projects Page 4 of 8 4/11x99 0 d 5 20 When PROJECT is not on the STATE highway system but includes work to be performed by a railroad. the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event. ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract ARTICLE II - ENGINEERING 1 "Project Development Costs" includes all preliminary work up to contract award for construction and directly related to the PROJECT, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as Project Development Contract Administration. 2 "Construction Engineering" eligible costs include actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees /consultants engaged in such activities 3 Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds of ADMINISTERING AGENCY 4 No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM SUPPLEMENT are allowable by STATE ARTICLE III - RIGHT -OF -WAY 1 All related rights -of -way as are necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights -of -way have been secured 2 The furnishing of rights -of -way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY Page 5 of 8 4121!49 • rl 4 (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260 -7277 (d) the cost of demolition and sales of all improvements on the right of way (e) the cost of all unavoidable utility relocation, protection or removal (f) the cost of all necessary hazardous material and hazardous waste clean up for which ADMINISTERING AGENCY is not responsible and the actual generator cannot be identified or recovery made 3 Should ADMINISTERING AGENCY, in acquiring right -of -way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code, Sections 7260 -7277 4 State funds will not participate in any PROJECT costs arising out of delays to construction or demolition contractor's orderly prosecution of the work because utilities have not been timely removed or relocated or due to the unavailability of rights -of -way 5 If any protection, relocation or removal of utilities is required within STATE'S right -of -way, such work shall be performed in accordance with STATE policy and procedure. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE'S right -of -way to obtain a STATE Encroachment Permit prior to the performance of said relocation work Any relocated utilities shall be correctly located and identified on the PROJECT as -built plans ARTICLE IV - MISCELLANEOUS PROVISIONS 1 The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or Lability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895 4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. Page 6 of 8 4121/99 r1 ,1 3 Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or Jurisdiction delegated to STATE under this AGREEMENT It is also understood and agreed that pursuant to Government Code Section 895 4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810 8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4 Auditors of STATE shall be given access to books and records of ADMINISTERING AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs and share to be paid ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs 5 ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity 6 Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law 7 The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well PROJECT shall be maintained by an adequate and well - trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 8 4121/99 CIA e 8 Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part 9 No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto 10 This Agreement is subject to any additional restrictions, hmitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner 11 ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article )(IX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations,and the Local Assistance Program Guidelines and Local Assistance Procedures Manual including all subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES, applicable to PROJECT unless otherwise designated in the approved PROGRAM SUPPLEMENT. This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date Page 8 of 8 City of El Segundo By (Authorized Representative) Date APP R VED AS TO FORM CITY AT RNEY 4/21199 0 4 9 PROGRAM SUPPLEMENT NO. 223 Date: December 15, 1999 to Location :07- LA- 0.ESEG ADMINISTERING AGENCY -STATE AGREEMENT Project Numbar:RPL- 5235(006) STATE FUNDED PROJECTS NO. 000235 E.A. Number: 07-4U1304 Locode:5235 This PROGRAM SUPPLEMENT, effective 11/19/1999, is hereby incorporated into the Adinumstenng Agency - State Agreement No 000235 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of / / and is subject to all the terms and conditions thereof This PROGRAM SUPPLEMENT is adopted in accordance with Article 1 of the aforementioned Master Agreement under authority of Resolution No approved by the ADMINISTERING AGENCY on (See copy attached) The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages PROJECT LOCATION: on Grand Avenue from Main Street to Maryland Street TYPE OF WORK: Pavement Rehabilitation Estimated Cost State Funds Hatching Funds $170,00000 STATE $105,00000 LOCAL $65,00000 $000 OTHER $000 CITY OF EL SEGUNDO STATE OF CALIFORNIA Department of Transportation BY By Date Chief, Office of Local Programs Project Implementation Date Title I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Off Date $105,00000 Chapter atatutee Item Yaar P 8C Category fund Source AIWifNT 50 1999 2660 -101 -042 99 -2 00 20.30. 621 S 262040 042 -T 105,000 00 Program Supplement 00 -0235 -223- SERIAL Page 1 of 3 u50 07- LA- 0 -ESFG RPL- 5235(006) SPECIAL COVENANTS OR REMARKS 12/1511999 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component (a). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 3. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. 4. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right -of -way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award. Program Supplement 00 -0235 -223- SERSAL Page 2 of 3 f!5 07- LA- 0 -ESF,G RPL- 5235(006) SPECIAL COVENANTS OR REMARKS 12/15/1999 5. Upon ADMINISTERING AGENCY request, the CTC and /or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 6. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 7. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right -of -way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 8. All funding obligations of STATE under the conditions of this PROGRAM SUPPLEMENT are subject to the appropriation of resources by the Legislature and the encumbrance of funds under PROJECT. Funding and reimbursement are available only passage of the State Budget Act containing these STATE Program SUPP1e08nt00 -0235 -223- SMAL this upon the funds. Page 3 of 3 lC EL SEGUNDO CITY COUNCIL MEETING DATE. February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Caltrans — City of El Segundo —1 -105 Freeway Maintenance Agreement RECOMMENDED COUNCIL ACTION: Approve agreement and authorize the Mayor to execute the agreement on behalf of the City INTRODUCTION AND BACKGROUND: On October 5, 1982, the City and Caltrans entered Into a freeway agreement which provided for Caltrans to construct the 1 -105 Freeway and for the City to accept certain maintenance responsibilities for improvements under the City's jurisdiction These Improvements were constructed by Caltrans in conjunction with the freeway construction and included frontage roads such as Atwood Way On May 15, 1990, the above agreement was superceded In its entirety by a second agreement which had some minor modifications to the 1982 agreement, however retained the previously agreed mutual maintenance responsibilities DISCUSSION: (Discussion begins on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1 Proposed Caltrans -City -1 -105 Freeway Maintenance Agreement 2 May 15, 1990 Caltrans -City Freeway Agreement 3 California Transportation Commission relinquishment dated December 2, 1998 FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: ProjectlAccount Budget: ProjectfAccount Balance: Account Number. Project Phase: Appropriation Required: Yes 4202 and 4205 Date: Page 1 of 2 N COUNCILIFEBOI -03 (Tuesday 1/18100 9 00 AM) 8 DISCUSSION- Effective December 2, 1998, the California Transportation Commission relinquished Atwood Way, which was under Caltrans jurisdiction during construction This roadway is currently under the jurisdiction of the City In order to formalize the maintenance responsibilities, Caltrans has prepared the enclosed agreement for execution by the City The proposed agreement provides for the following Caltrans will maintain the freeway structures and the City will maintain the City streets (Imperial Highway for example) under the structures Traffic signal at the eastbound freeway on -ramp at Atwood Way will be maintained by Caltrans at its cost and the electrical energy cost for this signal will be borne by the City This concept is consistent with the maintenance agreement for the Caltrans signals on Sepulveda Boulevard The City will accept responsibility for maintaining Atwood Way (Frontage Road) which was constructed in conjunction with the freeway construction Staff has reviewed the agreement and has verified that the responsibilities delegated to the City for maintenance are consistent with the current City- Caltrans Freeway Agreement The additional cost of this maintenance will be funded from the Street Maintenance and Traffic Safety Divisions of the Public Works Department's operating budget and no additional appropriations are anticipated for this purpose The City Attomey has approved the proposed agreement as to form Staff recommends City Council approval of the agreement and authorization for the Mayor to execute the agreement on behalf of the City Page 2 of 2 N COUNCILWEa01 -03 (Tuesday 1118100 9;DO AM) 1151 JAN. -25' 00 ME) 10:37 DIST. OFFICE MTCE. TEL:213 897 +3752 P.002 FREEWAY MAINTENANCE AGREEMENT CITY OF EL SEGUNDO ; AGREEMENT is made and entered into effective this day of by and between the State of California, acting by and through its Department of Transportation, referred to as "STATE ", and the City of El Segundo, herains fia referred to as "CITY". an October 5th , 1982, Freeway Agreement executed between CITY and STATE was subseque idy sutperceded by an agreement dated May 15, 1990, wherein CITY agreed and consented to certain ac 'ustments of CITY street system required for the development o f that portion of state highway route 10 as a freeway within the limits of CITY; and said freeway has now been completed or is nearing completion, and the parties hereto mutually a to clarify the division of maintenance responsibility as to separation structures, CITY streets or porti thereo4 landscaped areas within the freeway limits and the "Maintenance Program ": and W1 ERW, pursusant to Section six (6) of the above referrenced Freeway Agreement, CITY has resumed r will resume control and maintenance over each of the relocated or reconstructed CITY streets, including the portion of Imperial Highway within El Segundo City limits between California Street and Aviation loukvard. Atwood Way between Douglas Street and Nash Street and the north -south access road north of wood Way between Douglas Street and the eastbound I -105 Freeway on ramp, except those portions 1 wroof adopted as a part of the STATE freeway proper. NOW TF)EREFORE, IT IS AGREED; CITY now agrees to hereafter control, operate and maintain all CITY owned property lying outside of and adjacent to STATE's freeway right of way benciag or soundwalls as described and depicted in Exhi bit "A ", attached hereto and made a part of this Agreement. When a planned future improvement w01 be constructed and/or a minor revision has been planted within the limits of the STATE ficeway berein described, which change effects a CITY operated mam tenance program the STATE and CITY will negotiate a revised Exlul* "A ", which will then be made a part hereof as an amendment to this Agreement. VEHICULAR UNDERCROSSING A. STATE will maintain the stroctuec proper while the roadway section, including the traveled way, shoulders, curbs, sidewalks, wall and column surfaces (for purposes of graffiti control), guar wl and fencros, drautage inctall�aims, lighting installations and all other traffic service facilities that maybe required or provided for the benefit or control of CITY street traffic will be maintained by CITY. B. CITY will inform the State District Transportation Permit Engineer and obtain all necessary standard form of STATE Encroachment Permits for any proposed change in minimum vertical clearances between the traveled way portion of the under- roadway 055 JAN -18' 00(TUE 16:12 DIST, OFFICE MICE TEL-213 897 +3752 F.002 surface and the Structure that results from modifications to the under - roadway, except when said modifications are made by STATE. If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction will be provided to the State District Transportation Permit Engineer prior to starting work. Upon completion of the work a clearance diagram will be famished to the State District Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. INTERCHANGE OPERATION It is the responsibility of STATE to provide efficient operation of fiwway interchanges including ramp connections to local Ch TY streets and roads. The maintenance and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices at ramp connections to CITY streets shall be shared equally between STATE and CITY. This sharing to be accomplished by a pro rata (50.10/50%) electrical sharing agreement or by a electrical costhnaintenance cost ( 1000/s/100%) electrical sharing agreement. Turing of these traffic signals shall be the sole responsibility of STATE. LEGAL RELATIONS AND RESPONSIBU ITMS. A Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either ply by imposing any standard of care with respect to the maintenance of STATE highways or OW streets different from the standard of care imposed by law. B. It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895 4, CITY shalt defend, indemnify and save harmless STATE, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting iiom anything done or omitted to be done by CITY under or in connection with any wont, authority or jurisdiction delegated to CITY under this Agreement. C It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability ocauring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under thus Agreement. It is understood and agreed that, pursuant to Governarent Code section 895.4. STATE shall defid, iudernr* and save harmless CITY, its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreelf1ent' ' i 5 6 JAN. -14' 00 (PR I) 15:57 DIST, OFFICE MTCE. 6. EFFECTIVE DATE TEL:213 897 +3752 P. 004 This Agreement shall be effective upon the date appearing on the face sheet Mowing its execution by STATE, it being understood and agreed, however, that the execution ofthis CITY o Ce 4MMM9 shall not affect an maintain designated area pursuant to prior, wrmpn� fr��A moons of such areas, which CITY has maintain pursuant to the work m agreed to Freeway Agreement, has been completed. terms of the prior executed Agreement This reduced to may be amended at any time upon the mutual agrees of the pies when This Agnt betw and the Exhibit referred to herein constitute the final, complete and exclusive etween CITY and STATE and supercedes all prior agreements of the parties addressed to these specific issues as addressed herein. 05 IAN, - 14' 00 (FRI) IS: 57 DIST, OFFICE MTCE. TEL:213 897 +3752 F 005 IN N year wr d..,,r case the form as VESS WHEREOF, the parties hereto have set their hands and seals the day and :above written. CITY OF EL SEGUNDO as to form and procedure: By of Transportation Mayor City Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JOSE MEDINA Director of Transportation By District Director by State's Attorney is not required unless changes are made to this form, in which t will be submitted for Headquarters' review and approval by State's Attorney as to 1158 r 2 m m w o w a = _ w W q q J W � •- W Z W N < a1n au O cai ham- Z Omit in Ul rpa3 O ~ w ~ c Z ~ z J U W I x w o = S W a'� a z 0 111111 A111 o0rau35 13 3 J w w W W I II g II I a is sc cr �? Il fill ti Y I� 14 9 oII 11 mil Il zll0li W j z l I II ZII X11 a 4 I 11 W I I __IIt 131H 31Y15 1 l ll I I 11 1 1 11 I I II l 1 Il I'I II IIII � � I I II s J � iI 07 -LA -105 R0.0 /R1.5 In the City of E1 Segundo Between 0.5 mile west of Sepulveda Boulevard and the E1 Segundo City Limit at Aviation Boulevard FREEWAY AGREEMENT THIS AGREEMENT, made and entered into on this /Sk day of !I 19go by and between the STATE OF CALIFORNIA, acting by and through the Department of Transportation (herein referred to as 'STATE'), and the CITY OF EL SEGUNDO (herein referred to as 'CITY'). WITNESSETH: WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on November 17, 1965; and WHEREAS, STATE and CITY have entered into a Freeway Agreement dated October 5, 1982, relating to that portion of State Highway Route 105 from Sepulveda Boulevard to the E1 Segundo city limit at Aviation Boulevardt and WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects streets of the CITY; and 060 WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeways NOW, THEREFORE, IT IS AGREED: 1. This Agreement suversedes in its entirety said Freeway Agreement dated October 5, 1482. 2. CITY agrees and consents to the closing of CITY streets, relocation of CITY streets, construction of frontage roads and other local roads, and other construction affecting CITY streets, all as shown on said plan map attached hereto marked Exhibit A and made a part hereof by this reference. 3. STATE shall, in construction of the freeway and at STATE's expense, make such changes affecting CITY streets in accordance with the plan map attached hereto marked Exhibit A. and detailed construction plans approved by the CITY prior to advertising. 4. STATE agrees to acquire all necessary right -of -way as may be required for construction, reconstruction, or alteration of CITY streets, frontage roads, and other local roads, and CITY hereby authorizes STATE to acquire in its behalf all such necessary right -of -way. 06-7 5. It is understood between the parties that the right - of -way may be acquired in sections or units, and that both as to the acquisition of right- of-way and the construction of the freeway projects, the obligations of STATE hereunder shall be carried out at such tine and for such unit or units of the project as funds are budgeted and made lawfully available for such expenditures. b. CITY, after inspectin7 the contract work and insuring that work is complete and in accordance with the plans and specifications, will accept control and maintenance over each of the relocated or reconstructed CITY streets, frontage roads, and Other STATE constructed local streets on receipt of written notice to CITY from STATE that the work thereon has been completed except for any portion which is adopted by STATE as part of the freeway Proper. CITY will accept title to the portions of such streets lying outside the freeway limits When relinquished by STATE in accordance with conditions agreed upon by both parties. 562 7. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through STATE and CITY cooperation,of the whole freeway project for the benefit of the people of the STATE and of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized =f icers . STATE OF CALIFORNIA Department of Transportation ROBERT K. BEST Director of Transportation By G✓ �, t!�� Chief, Office of Project Planning and Design AS TO FORM: ,k ney, City APPROVED AS TO FORM: Attory, State 4 - 1- 5a 9 I, ai k X"re 1 y I lilt ro f g o o - oil AI I 15 ;� II III III ILA I� I I wl , 911111111 5 1.. lDOU JUUU 4 r _ t FII� -11 ±�``I r� •� -.1 is 1�r• s'`1 t D atr: [r tt ", k �{�� -��* ',._.�,• .,r t 1. ■E Im r 1 t - y..w. 1. 'F (o��'�i .L�.�1�.�' "�'�� .Si(�` �yi2•a'a•' � ✓'a i fl n -_ xA' "r. t,:tz -r- 7.s� ^: C�1, zr'•+ err, fY` K z _.... ,-. lilt, � ,Ro L4,YL pL _ _fc n As I " ;r:�. c 061f; EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Quitclaim Deed from Chevron U S A, Inc, to the City of Ell Segundo for a property at the southeasterly comer of Hughes Way and Allied Way, for City Storm Water Retention Basin and Pump Station No 18 RECOMMENDED COUNCIL ACTION. Accept Quitclaim Deed and authorize the Mayor to execute the deed on behalf of the City INTRODUCTION AND BACKGROUND- On August 16, 1983 the City Council adopted Resolution No 3224 accepting an irrevocable offer from Chevron U.S.A to dedicate real property for storm water pump station and retention basin and sewer pipeline purposes DISCUSSION- The Citys storm water pump station and retention basin have been constructed and are currently operational Chevron has now submitted a Quitclaim Deed for City acceptance, which will formalize the real property dedication The City Attorney has reviewed and approved the enclosed Quitclaim Deed for execution by the City ATTACHED SUPPORTING DOCUMENTS: Quitclaim Deed City Council Resolution No 3224 Vicinity map FISCAL IMPACT- Operating Budget: Capital Improvement Budget. Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Protect Phase: Appropriation Required: Date: E N COUNCILWE1301 -04 (Tuesday Visloo 1 oo P M) : , � 5 WRITER'S DIRECT DIAL 213.23 &2837 /luebbetke @bwa/awcppl Bellur DevaraJ, City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 RIVERSIDE COUNTY OFFICE 3403 TENTH STREET SUITE 300 RIVERSIDE, CALIFORNIA 92501 -3629 Tel 1909) 78 0-0100 Fax 1909) 78 8-5785 January 12, 2000 Re Detention Basin Deed APN 4138 - 014 -026 Dear Bellur OUR FILE NO 00111 -0002 RECEIVED JAN 17 2000 PUBLIC WORKS ENGINEERING Enclosed please find the above - referenced deed, which has been executed by Chevron USA Inc Upon execution by the City, would you please return it to me for recording If you have any questions, please don't hesitate to contact me, Enclosure LA #39358 vt Very truly yours, fOHN M LUEBBERKE for BURKE, WILLIAMS & SORENSEN, LLP r,, 6 r, LAW OFFICES BURKE, WILLIAMS & SORENSEN, LLP ORANGE COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 VENTURA COUNTY OFFICE 18301 VON KARMAN AVENUE SUITE 1050 LOS ANGELES CALIFORNIA 90017 -3102 2310 EAST PONDEROSA DRIVE, SUITE 25 IRVINE CALIFORNIA 92612-1009 Tel 12131 236.0600 CAMARILLO, CALIFORNIA 93010 -4747 Tel 1949) 863 -3363 Fax 1213) 236 -2700 Tel 1805) 997 -3468 Fax 1949) 663 -3350 bttp,ilwwwbwaNw"M Fax 18051462 -9634 WRITER'S DIRECT DIAL 213.23 &2837 /luebbetke @bwa/awcppl Bellur DevaraJ, City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 RIVERSIDE COUNTY OFFICE 3403 TENTH STREET SUITE 300 RIVERSIDE, CALIFORNIA 92501 -3629 Tel 1909) 78 0-0100 Fax 1909) 78 8-5785 January 12, 2000 Re Detention Basin Deed APN 4138 - 014 -026 Dear Bellur OUR FILE NO 00111 -0002 RECEIVED JAN 17 2000 PUBLIC WORKS ENGINEERING Enclosed please find the above - referenced deed, which has been executed by Chevron USA Inc Upon execution by the City, would you please return it to me for recording If you have any questions, please don't hesitate to contact me, Enclosure LA #39358 vt Very truly yours, fOHN M LUEBBERKE for BURKE, WILLIAMS & SORENSEN, LLP r,, 6 r, Recording Requested by and when Recorded Mail to, City of El Segundo 350 Main Street El Segundo, CA 90345 with a conformed copy to Chevron Land and Development Company 3100 South Harbor Blvd , Suite 340 Santa Ana, CA 92704 Atm Legal Department Mail Tax Statements to City of El Segundo 350 Main Street El Segundo, CA 90345 Documentary Transfer Tax $ (Not of Public Record) Computed on full value of (SPACE ABOVE THIS LINE FOR RECORDER'S USE) QUITCLAIM DEED property conveyed For a valuable consideration, receipt of which is hereby acknowledged, and subject to the terms and conditions herein contained, CHEVRON U.S.A. Inc., a Pennsylvania corporation ( "Chevron ") hereby remises, releases and quitclaims to the CITY OF EL SEGUNDO a California public corporation (the "City "), that certain real property in the City of El Segundo, County of Los Angeles, State of California, as described in Exhibit A, attached hereto and fully incorporated herein, hereafter referred to as the "Property ", Subject to all matters that can be ascertained by a reasonable inspection or survey of the Property, and all matters appearing of record in the office of the Recorder of said County, including all conditions, covenants and restrictions and all exceptions and reservations. This conveyance is made to that certain Irrevocable Offer to Dedicate Certain Real Property for Public Purposes, executed by Chevron U.S A. Inc. March 31, 1983 and recorded July 28, 1983 as Document No. 83- 728039 and pursuant to that certain City of El Segundo Resolution No. 3224 dated August 16, 1983 and recorded August 31, 1983 as Document No. 83- 1019501, both in the Official Records of Los Angeles County, California By acceptance and recordation of this Quitclaim Deed, the City covenants for itself, its successors and assigns that, except as otherwise expressly agreed in writing by Chevron (a) the Property is acquired "AS IS" without any representations or warranties n6" whatsoever, express or implied, and (b) Chevron is hereby released from, any and all liability on account of the condition of the Property. In witness whereof, Chevron has executed this instrument this 51s? day of —/)pJm (ML , 1999 GRANTOR- CHEVRON U S A. Inc a Pennsylvania corpora C By. Its. ASSISTANT SECRETARY Agreed and accepted this _ day of 1999. GRANTEE: CITY OF EL SEGUNDO a California public corporation La Its• (Acknowledgment on next page) n6r STATE OF CALIFORNIA ) ss. COUNTY OF� llf-,4 t On��, 194' before me, - - a Notary Public in and for the State of California, personally appeared C / Peh personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the within instrument in his or her authorized capacity and that, by his or her signature on the within instrument, the person or entity upon behalf of which he or she acted executed the within instrument. WITNESS by hand and official seal. MW STATE OF CALIFORNIA ) SS. COUNTY OF ) On 19_ before me, a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he or she executed the within instrument in his or her authorized capacity and that, by his or her signature on the within instrument, the person or entity upon behalf of which he or she acted executed the within instrument. WITNESS by hand and official seal. ;169 EXHIBIT A LEGAL DESCRIPTION That portion of the west half of Section 18, Township 3 South, Range 14 West in the Rancho Sausal Redondo, in the City of El Segundo, County of Los Angeles, State of California, as shown on the map filed in Case No. 11629, Superior Court of said County on June 21, 1890, in the Office of the County Clerk of said County, a copy of said map appearing in the, files of the County Surveyor of said County, as Clerk's Filed Map No. 218; described as follows: Beginning at the intersection of the northerly line of the 80.00 foot strip of land described in a deed to Pacific Electric Railway Company, recorded May 27, 1913 in Book 5750, Page 43 of Deeds, Records of said County and the northeasterly prolongation of the northwesterly line of the land described in a deed to Pacific Electric Land Company, recorded July 7, 1914 in Book 5839, Page 185 of Deeds, Records of said County; thence along said northeasterly prolongation South 49.50,35" West, 609.00 feet; thence leaving said prolongation North 46.58007" West, 654.46 feet to a non - tangent curve concave northwesterly having a radius of 955.00 feet, a radial from said curve bears North 31 005,07" West; thence northeasterly 221.13 feet along said curve through a central angle of 13116,00"; thence tangent from said curve North 45.38,53" East, 131.90 feet to the northeasterly line of said 80. 00 strip of land; thence along said northeasterly Line South 45.51,44" East, 79.47 feet to a non - tangent cuve concave northerly having a radius of 914.93 feet; a radial from said curve bears North 41 008'12" East; thence southeasterly 672.96 feet along said curve through a central angle of 42.08135" to the POINT OF BEGINNING. Containing: 6.245 Acres more or less 1170 1-1075 RESOLUTION NO. 3224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ACCEPTING FROM CHEVRON U.S.A. INC., AN IRREVOCABLE OFFER TO DEDICATE CERTAIN REAL PROPERTY FOR STORM WATER PUMPING STATION, SANITARY SEWER PIPELINE AND RETENTION BASIN PURPOSES, IN THE CITY OF EL SEGUNDO. WHEREAS, CHEVRON U.S.A. INC., a California corporation, hereinafter referred to as "GRANTOR," has made to the City of E1 Segundo, California, an irrevocable offer of dedication of certain real property which property is to be used for the purposes of a storm water pumping station, sanitary sewer pipeline, and retention basin, and which is described as follows: That portion of the west half of Section 18, Township 3 South, Range 14 West in the Rancho Sausal Redondo, in the City of El Segundo, County of Los Angeles, State of California, as shown on the map filed in Case No. 11629, Superior Court of said County on June 21, 1890, n the Office of the County Clerk of said County, a copy of said map appearing in the files of the County Surveyor of said County, as Clerk's Filed Map No. 218; described as follows: Beginning at the intersection of the northerly line of the 80.00 foot strip of land described in a deed to Pacific Electric Railway Company, recorded May 27, 1913 in Book 5750, Page 43 of Deeds, Records of said County and the northeasterly prolongation of the northwesterly line of the land described in a deed to Pacific Electric Land Com- pany, recorded July 7, 1914 in Book 5839, Page 185 of Deeds, Records of said County; thence along said northeasterly prolongation South 49050'35" West, 609.00 f8et; thence leaving said prolongation North 46 58'07" West, 654.46 feet to a non - tangent curve concave northwesterly having a radius of 955.00 feet, a radial from said curve bears North 31005107" West; thence northeasterly 221.13 feet along said curve through a central angle of 13016'00 "; thence tangent from said curve North 45038'53" East, 131.90 feet to the northeasterly line of said 80.00 foot strip of land; thence along said northeasterly line South 45051144" East, 79.47 feet to a non - tangent curve concave northerly having a radius of 914.93 feet; a radial from said curve bears North 41008'12" East; thence southeasterly 672.96 feet along said curve through a central angle of 42008135" to the POINT OF BEGINNING; and WHEREAS, the document containing the aforesaid irrevocable offer of dedication of the above described real property has been recorded as Document No. 83- 728039 in the Official Records of the County Recorder of Los Angeles County, California; 11L7ti NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of E1 Segundo, California, hereby accepts the irrevocable offer of dedication from CHEVRON U.S.A. INC, of the real property described herein and in the document recorded as Document No. 83- 728039 in the Official Records of the County Recorder of Los Angeles County, California. SECTION 2. 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; shall make a minute of the passage and adoption thereof in the records and proceedings of the City Council of said city in the minutes of the meeting at which the same is passed and adopted; and shall cause a certified copy thereof, attested by the City ` Clerk under the seal of said city, to be recorded in the office of the County Recorder of Las Angeles County, State of Calif- ornia. PASSED, APPROVED and ADOPTED this 16thday of August , 1983. G �iZ' Mayor o the City of El Segundo, California ATTES Ile City Clerk (SEAL) 1 -2- 072 1 ;077 STATE OF CALIFORNIA ! COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1 VALERIE A. BURROWES , City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being Resolution No, 3224 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16th day of August ,19 83 and that the same was so passed and adopted by the following vote: ' 1 AYES; Counciimembers Armstrona, Johnson, Siadek, _ 5ynad3nos aad Mayor Bue NOES- CouncAmembers None ABSENT Councilmembers None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 19th day of August 19 83 L Q� City Clerk of the City of El Segundo, California ( SEAL) r,73 M H N ` 1 O W I A1Nnoo 53130NV 501 AAId 3NNOHIMYH d0 All] 2 on, 1 B 00310 Nvt r Q .,1111 M3431a n N n s n W J n n LL � IjjI I)I) IjI w .uII In� InI I 3nv s r "� 01119 ® MallVlxf X . a f A• h m Yxxna 110 1f03 W 3M.ON003tl J � O 1NYil aM h r p ON a2-In0 lf1N3N1Na3 m° Bull x33110 i ON13N 1 , AS IVIW. 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T Q w C 1nN,.w W NY 1 .11A)exlaY � PAN 1f .NNMa,.] A I1I''�'3M w,.. aA W ^D(^�� MYWII.]Q S if MOa]YU m f ^3M 1,11, Q if Ya1A)x $ 1jj��'� )'M ]tll]fi yY �QO �cm if Y]1M3] ; nWw lA ,I. fw,.wle � J 1f Ow•,AY•w 9 N — W �� ® a OY A)MYOOI) 101, Q v11n01 � ®= at X11XOl p CO F 1] A ❑�� ®® It YYY)If Z N li MN31 3N]M•l0 W p Z !- J ^ ® is M O oal3Nf i IFy RW - N � is vM3YY ,N V Y� v N INNS Q sup © i i E3B =e if OYVOXVlf N ' a ��e 1t xlvn �P W 4 9 'YXw s T Y � J if ONOwMOIY N �'�` y Op •v' C(N1aM1'fw0 ❑B��e 1f 01.]X0] Y, .i M \ c u ®� ®B� It VINIOYIA rrTe O n J aa�l�]a�Bl" —ul It IA 11%M O F.` " I sl of .Aeu .nm OV/��• °'I�a�1),J mi z az as)Y]nW 7 IR j. \ C7 z Y �: ° W Wx� M pp Se tO]nA M•' LL a A410 mm Y PNOE W ry — OS s a n o OF } Q O z a w } F- a I1 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION. MEETING DATE. February 1, 2000 AGENDA HEADING- Consent Agenda Award of contract for the Installation of Chain Link Fencing for Storm Drain Pump Station No 17 and Dog Park — Project No PW 99 -7 (contract amount = $70,309 00) RECOMMENDED COUNCIL ACTION. Award contract to the lowest responsible bidder, Green Giant Landscape, Inc , in the amount of $70,30900 2 Authorize the Mayor to execute the standard Public Works Construction Agreement after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND' On December 7, 1999 the City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids DISCUSSION: On January 25, 2000 the City Clerk received and opened the following bids All Pro Fence Company'* $ 67,562 00 Green Giant Landscape, Inc. $ 70,309 00 California Budding Evaluation $ 86,142 00 Quality Fence Company $ 87,918 00 Ace Fence Company $ 99,312 00 Alcorn Fence Company $109,62012 *' The apparent low bidder, All Pro Fence Company, has requested that its submitted bid not be considered for contract award due to a mathematical error made in the bid Green Giant Landscape, Inc, has satisfactorily completed recent projects for the City Staff recommends award of contract to the lowest responsible bidder, Green Giant Landscape, Inc., in the amount of $70,309 00 ATTACHED SUPPORTING DOCUMENTS: Letter dated 1 -26 -00 from All Pro Fence Company Vicinity map FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested- Project/Account Budget: Project/Account Balance: Account Number: Project Phase. Appropriation Required No $70.309,00 $95,50000 Date: 301 - 400 - 8204 -8460 and 301 -400- 8202 -8466 Award of contract 10 ,, 7r, 01/25/2000 21:42 310 - 763 -2909 ALL PRO FENCE INC PAGE 01 ALLPRO FENCE, INC January 26, 2000 City of El Segundo Bid Oppening Log NO# PW99 -07 City of El Sugundo RE: Chain Link Fencing For The Dog Park and the Perimeter or Storm Water Retention Busm No 17 mio. Paul Bowen It is our understanding that we are the low bidder on the above project In reviewing our bid we have found that a mathamatical error was made. We ask that the City of El Segundo release All Pro Fence, Inc.'s bid bond and from any obligation tied to this project. Thank you in advance for your understanding and consideration in reguards to this matter. Should you have any questions, or need additional information please contact Gary Moore at 310 - 635 -2924. Sincerely, Gary Moore Secratary 1015 SOUTH ATANTIC DRIVE COMPTON, CA 90221 310.635 -2924 OFFICE 310- 7624909 FAX 076 m aAl1 a F m 6 O a J I Q z s o g a °m z z if uJl O P W C J W u r Z a Y M V 0 W J W 0 2 4 O J O L N 12 1J ➢son M7 n.M E`f5 _ PpG afI i I m C I 3"VON1MVH 90 AA17 Mllftw�ooalc sort o � y Lb � M.IaMI li SWMIIII if MVIWWSM if SISNI. is .MIYWIin is x0SMY0 IS .O.AMN 1s N]IN30 110 401.OWi Lf ONRLY.Y is .IMOI is .mulls is NNi/ 1S NOOIaMs i 'NMY. .IMAaiJJOIM4 f is aY.a..IS Is m.N IT OMONY0IY IS NYMim'J is .NIIMYIJ is SMIJIIM If Bill IMI is ISMY VIII � I W fi V O u Q a Ma1Y ttl n M 7 g U �� Ma11.M1 P A1w ]YSJ Z 'i.M r W w N(107 53130Ntl 501 LL � IAl m 2 ' iI f all. a F a m s z ,JII M ]M Yia N lM a1] O )M ]MIJ �)JI 9 5 5 9 9 9 9 :1999 f m aAl1 a F m 6 O a J I Q z s o g a °m z z if uJl O P W C J W u r Z a Y M V 0 W J W 0 2 4 O J O L N 12 1J ➢son M7 n.M E`f5 _ PpG afI i I m C I 3"VON1MVH 90 AA17 Mllftw�ooalc sort o � y Lb � M.IaMI li SWMIIII if MVIWWSM if SISNI. is .MIYWIin is x0SMY0 IS .O.AMN 1s N]IN30 110 401.OWi Lf ONRLY.Y is .IMOI is .mulls is NNi/ 1S NOOIaMs i 'NMY. .IMAaiJJOIM4 f is aY.a..IS Is m.N IT OMONY0IY IS NYMim'J is .NIIMYIJ is SMIJIIM If Bill IMI is ISMY VIII � I W fi V O u Q a Ma1Y ttl n M 7 g U �� Ma11.M1 P A � A1w ]YSJ Z 'i.M r U w N Q W m 2 ' 4 f F a m s z S M ]M Yia N lM a1] O )M ]MIJ �)JI IONt.w f iflLL]]MOJ f M a1H U c M ]11111 )M y1J1yYJ AT IAWVI 8 P 9Y 1H1Mnp1/ VY 1M]M.1S A � w N r M1 w N �w ` ~~ �P n n O Z CD W \ L O J 6 W a O m V A 1 0 z LL 177 EL SEGUNDO CITY COUNCIL MEETING DATE- February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Metropolitan Transportation Authority (MTA) grant of $1 8 million to South Bay Cities Council of Governments ( SBCCOG) for the Sepulveda Boulevard Widening Protect RECOMMENDED COUNCIL ACTION: Authorize the City Engineer to assume the project sponsorship on behalf of the City of El Segundo INTRODUCTION AND BACKGROUND: In 1997, the Cities of El Segundo and Manhattan Beach through the SBCCOG had applied for an MTA grant of $1 8 million to finance the shortfall in the funding of the Sepulveda Boulevard Widening Protect El Segundo's share of this grant is $1 5 million and is designated for financing the City's obligations relative to the utilities undergrounding protect, the relocation of Countys fresh water barrier project, and other expenditures MTA had approved the grant for funding in fiscal year 1999 -2000 DISCUSSION: MTA is currently developing a Memorandum of Understanding to be executed between the MTA and the recipient and administrator of the grant funds Since the SBCCOG does not have the staff to administer the grant funds, City staff is recommending that the City of El Segundo be the lead agency to execute the M O U with the MTA Enclosed is the approval by the City of Manhattan Beach for El Segundo to be the lead agency Also enclosed is a letter from the SBCCOG designating El Segundo as the lead agency Staff is requesting City Council authorization to accept the lead agency role for receiving and administering the MTA grant ATTACHED SUPPORTING DOCUMENTS: Letter dated December 14, 1999 from the City of Manhattan Beach Letter dated January 24, 2000 from the SBCCOG. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested. ProjeeUAccount Budget: Project/Account Balance, Account Number: Protect Phase: Appropriation Required- Date: N COUNCILNFEB01 -06 (Tuesday 1125100 2 00 P M) 11 't 7g Bellur K Devaraj City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 City Hall 1400 Highland Avenue Manhattan Beach, CA 90266 -4795 Telephone (310) 545 -5621 FAX (310) 545 -5234 TDD (310) 546 -3501 December 14, 1999 Re. 1997 Call For Projects Grant — Sepulveda Boulevard Improvements Dear Mr Devaraj RECEIVED DEC 2 0 1999 PUBLIC WORKS ENGINEERING The City of Manhattan Beach sincerely appreciates your hard work that has gone into our )omt application in the 1997 Call For Projects. We feel to a large extent it is due to this effort expended on your part that the cities of El Segundo and Manhattan Beach were successful in the joint application We have no doubt that the $1.5 million going to the City of E1 Segundo and the $300,000 going to the City of Manhattan Beach ($18 million total grant) will go a long ways towards adding those finishing touches to the Sepulveda Boulevard Widening Project As we enter into the MOU and start unplementation of the grant funded improvements, the City of Manhattan Beach would like to see the City of El Segundo continue as the lead agency on this grant We look forward to working closely with you and your staff toward the successful completion of these improvements If I can be of any further help, please do not hesitate to contact me at (310) 802 -5352. Ily, Dana Greenwood City Engineer cc* Neil C Miller, Director of Public Works dg991et\Be1)urDecl4 Fire Department Address 400 15`" Street, Manhattan Beach, CA 90266 FAX (310) 545 -8925 l i 7 n Police Department Address 420 15" Sheet, Manhattan Beach, CA 90266 FAX (310) 545 -7707 Public Works Department Address 3621 Bell Avenue, Manhattan Beach, CA 90266 FAX (310) 546 -1752 Y South Bav Cities COUNCIL OF GOVERNMENTS January 24, 2000 Jon Grace Los Angeles Metropolitan Transportation Authority I Gateway Plaza Los Angeles, California Re Project Sponsorship for Sepulveda Boulevard Widening Project 5033 Rockvalley Road Rancho Palos Verdes, CA 90275 The Sepulveda Boulevard Widening project was submitted by the South Bay Cities Council of Governments ( SBCCOG) in the 1997 Call for projects and awarded $18 million, programmed for FY 2000 The project work will take place in the Cities of El Segundo and Manhattan Beach Currently, the SBCCOG is the grantee of record We are requesting that the MTA approve a transfer of the project sponsorship from the SBCCOG to the City of El Segundo The City of El Segundo will act as lead agency for Manhattan Beach and Bellur Devaraj, City Engineer of El Segundo, will administer the project, on behalf of both cities. Please let me know if you need any additional information from us Otherwise, we look forward to receiving confirmation of the transfer of project sponsorship Sincerely, 1�- t- C.�111. -1R u'v cki Bacharach SBCCOG Coordinator We agree to assume project sponsorship in accord with this letter Bellur Devaraj City Engineer, El Segundo LOCAL GOVERNMENTS IN ACTION Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Los Angeles Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance ;) 8 0 EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business -City Manager New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption (Type 20- Off -Sale Beer and Wine) at the existing Town Market at 601 Virginia Street (ABC 99-6, EA -505, & AUP 99 -8) Applicant Ghaleb Hamideh — Town Market RECOMMENDED COUNCIL ACTION- Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license (ABC 99-6, EA -505, and AUP 99 -8) for off -site alcohol sales at the existing grocery store The requested hours for the sale of beer and wine are Monday through Saturday 8 00 AM to 9 00 PM, and Sunday from 9 00 AM to 8 00 PM INTRODUCTION AND BACKGROUND' At its April 4, 1995 meeting, the City Council directed staff to present all ABC license requests for review On May 7, 1998, the Council determined that only the Police Department should review ownership transfer requests Pursuant to Sections 23958 and 23958 4 of the State of California Business and Professions Code, the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if the issuance of the license would tend to create a law enforcement problem or if the issuance would result in or add to an undue concentration of licenses, unless the local governing body (i e, City Council) makes the determination that public convenience or necessity would be served by the issuance of the license For this license request (off - sale retail license), an "undue concentration" would apply if the applicant's premises is located within a crime reporting district that has a 20 percent or greater number of reported crimes than the City average "Undue concentration" would also apply if the ratio of off -sale retail licenses -to- population in the census tract which the applicant's premises is located, exceeds the ratio of off -sale retail licenses -to- population in the County ATTACHED SUPPORTING DOCUMENTS: 1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared January 21, 2000, by the Planning Division 2) Reporting District (RD) Map - prepared by Police Records Division 3) Administrative Use Permit Application 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. L vj r� �. Hansen, Director^ommunity, Economic, and Development Services 12 ABC 99 -6, EA -505, AUP 99 -8 City Council Staff Report February 1 2000 DISCUSSION- On June 16, 1998, the City Council considered a Transfer of Ownership, with proposed modifications to the operating conditions (ABC 98 -2), for a Type 20 (Off -Sale Beer and Wine) ABC license at 601 Virginia Street for Goodstop Market This license application was withdrawn by the former applicant on December 12 1998 As a result, the business has no current license for the sale of any alcohol The applicant has submitted a new request for the same type of license at the same location The City has not received formal notice from the Department of Alcohol and Beverage Control for this license The applicant has indicated verbally that the Proposed hours for alcohol sales are the same as the existing hours of operation for the market, which is Monday through Saturday, 8 00 AM to 9 00 PM, and Sunday 9 00 AM to 8 00 PM The proposed use is located in the Multi - Family Residential (R -3) Zone, and the retail sales of alcohol for off - site consumption is considered an accessory use to the legal non - conforming market which requires approval of an Administrative Use Permit (AUP) The applicant has applied for an AUP to allow off -site alcohol sales in accordance with Section Nos 20 31 030 (B) and 20 72, of the El Segundo Municipal Code Section No 20 72 allows the Director of Community, Economic, and Development Services to make decisions on AUPs The Planning Commission receives and files the decision Approval of an AUP requires that evidence be presented to support findings which ensure the use is compatible with the site and the surrounding uses, is consistent with the zone, is not detrimental to the public health, safety and welfare, any potential impacts are compensated, and an ABC license has been or will be issued The ABC review is a completely separate review process from the City's AUP process, with mandatory findings that are regulated by the State Department of Alcoholic Beverage Control The ABC runs complete background checks on all applicants, as well as conducting site inspections, prior to issuance of any type of license The prior ABC license for Goodstop Market contained five operating conditions, which were imposed by the ABC in 1988 (see attached ABC License) The conditions included 1) limited hours for the sale of beer and wine (8 00 AM to 8 00 PM), 2) loitering was not allowed in areas adjacent to the market, 3) the market and adjacent areas were to be kept clean of litter, 4) no video or coin operated games were allowed at the premises and, 5) the sale of "funk food" to students of the adjacent Richmond Street Middle School was not allowed between 11 30 AM and 1 30 PM The Police Department and Planning Division have reviewed the previous conditions and believe that they are not necessary for this liquor license request According to the most recent ABC Crime and Arrests statistics prepared by the Police Department's Crime Prevention Analyses Unit, the subject site is located in Reporting District (RD) 107, which in 1998 had a total of 58 Part 1 crimes and 32 arrests, which was 203% higher than the city average In 1999 RD 107 reported 45 Part 1 crimes, which is a 22% reduction of reported crimes Reasons for more Part 1 crimes in RD 107 than other Reporting Districts, are due to its location and ratio of multi -unit dwellings, which have a higher Population density than the single family homes in surrounding Reporting Districts This district also includes the El Segundo Middle School which further increases the population density, and can inflate simple assaults and petty thefts, which are not present in adjacent Reporting Districts The project site is located in Census Tract 6201, and using the 1990 census data, this tract has a population of 8,426 Based on the most current data from the ABC, there are six Off -Sale (Type 20 and Type 21) licenses in this census tract for a license -to- population ratio of 1 1,404, including the subject application request In contrast, the LA County average ratio of license -to- population is one license for every 1,301 residents (1 1,301) or seven licenses for the same license -to- population ratio Therefore, there is no "undue concentration" of licenses for this Census tract in relation to the population compared to the Los Angeles County average In the surrounding area there are no other businesses which possess ABC licenses within 400 feet of the Proposed site Holly Main liquor store in the 400 block of Main Street sells beer, wine and liquor for off -site consumption, and is located approximately 1,000' southeast of the subject site Although there is not an "undue concentration" of Type 20 and 21 licenses in the reporting district in which 19 8 ` ABC 99.8, EA -505 AUP 99 -8 City Council Staff Report February i 2000 the proposed license Is located, the City Council must make the determination that the public convenience or necessity would be served by the Issuance of this license due to the "undue concentration" of crime, or else the ABC cannot Issue the license P \Planning & Building Safety \PROJECTS\500- 525\EA- 5051CCAIS doc 081 CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type_ of Licenses Type 20 8 " Off -Sale Beer and Wine Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 14 "`[Includes new Type 20 license for Town Market at 601 Virginia Street] P\pbs \misc\hannah\abc -ca1x4 Update 1121100 ni~q CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 1990 Off -Sale Licenses Census Data and most recent ABC Statistics - 1995) Census Tract 6200 East of Sheldon Population 6799 1 1301 County Average 5 Licenses 1:850 El Segundo Ratio 8 Licenses "undue concentration" 6201 West of Sheldon - North of El Segundo 8426 1'1301 7 Licenses 1 1404*" 6 Licenses no "undue concentration" * *[Includes proposed Type 20 license for Town Market at 601 Virginia] P 1 hannah%abcace1x5 Update 1/24100 Op r CITY OF EL SEGUNDO Approved locations with Alcohol Licenses from State and City (Revised 112112000) 0 P- Type Name Address Census Tract Cite File # 1 10 Sma11 World Importers, Inc 320 E Walnut Ave 6201 ABC 98 -7 1 17 &9 Franklin Saernann Brewskt Brewing 142 Arena St 6201 ABC 95 -5 2 17 &9 Anheuser Busch Sales of South Bay, Inc 1475 E El Segundo Blvd 6200 ABC 99 -3 1 17 j Hema Food Services 701 E El Segundo Blvd 6200 ABC 98 -6 1 20 Jamshid Beroukhim 2250 E Imperial Hwy 6200 2 20 Chevron USA 101 S Sepulveda Blvd, 6200 ABC 97 -1 3 20 Seven 11 100W Imperial Ave 6201 4 20 Sutnmerfield Suites Hotel 810 S Douglas St 6200 ABC 954 5 20 Chevron USA 601 S Vista Del Mar 6201 ABC 98 -1 /CDP 98 -1 6 20 Mobil Oil Corporation 765 Sepulveda Blvd 6200 ABC 98- 4/EA4691AUP 98 -6 7 20 Chevron (USA) 232 Mam Street 6201 ABC 99 -5 /AUP 99 -7/EA -502 8 20 Town Market (Proposed) 601 Virginia 6201 ABC- 99 -6 /AUP 99 -8/EA -505 1 21 LIN Inc (Village Liquor) 506 Center St 6200 2 21 Thrifty-Payless Rite Aid) 220 E Grand Ave 6201 3 1 21 Holly Main liquor 404 Main St 6201 4 21 Ernest Chung 630 N Sepulveda Blvd 6200 5 21 Ralph's Grocery Store 500 N Sepulveda Blvd 6200 AUP 97 -1, EA406 6 21 New York Foods 2320 Alaska Ave 6200 ABC 98- 8/EA475 /AUP 99 -2 1 41 Susan Needham 411 -112 Mam St 6201 2 41 Anthon s Restaurant 143 Mam St 6201 AUP 96.1/EA -396 3 41 Mathew Damarandi (Hank's Pizza ) 202E Imperial Ave 6201 4 41 Martin Moreno (El Tarasco ) 210 Main St 6201 ABC 96.3 5 41 Brian Nelson (Fuji Haru Noodle House ) 357 Mam St. 6201 ABC 96-8 6 41 1 Stuft Pizza 400 Maui St 6201 7 41 Manuel Mendez 403 Mam St 6201 8 41 Brian Nelson Hana Ham Sushi Bar) 409 Main St 6201 ABC 95 -1 /ABC 96 -6 9 41 Mana Sklavantis Mam St Cafe 450 Main St 6201 10 41 Sizzler 600 N Sepulveda Blvd 6200 11 41 David Ezra Green Burrito 630 N Sepulveda Blvd 6200 12 41 Christopher Dm el Wood 's Broiler 755 N Sepulveda Blvd 6200 13 41 OFB Inc Richmond Bar and Grille 145 Richmond St 6201 14 41 1 Rafeal Cifuentes Casa Rafael 223 Richmond St 6201 ABC 96 -7 15 41 Manus Kumton Thai Dishes 150 S Sepulveda Blvd 6200 ABC 98 -3 /AUP 94 -3/EA -337 16 41 TPT El Segundo Golf course 400 S. Sepulveda Blvd 6200 17 41 Canton Low Restaurant 435 -39 Mam St 6201 18 41 Bhu wder Dhahwal Indian Summer 219 Mam Street 6201 ABC 99- 2/EA- 478/AUP 99 -3 9 41 Taiko Restaurant 2041 Rosecrans Ste 190 6200 ABC 99- 4/EA490 /AUP 994/ l 42 George Hudson (Keg) 123 Mam St 6201 42 Dan Foster Old Town Patio 115 Richmond St 6201 42 1 Carol Hayes Bruce's Place 209 W Grand Ave 6201 0 P- Type I Name Address I Census 47 47 1 47 Co el's 226 Stand 12 q7 2171 Rosecrans Ave McCormick & Schnncks 13 47 P F rh. ,. , 2 Rosecrans Ave 57 70 City File # tIR -, g } iL a' I �IPgP v 1" � i ti c c i it � � � •+°"Y'" s ° � "° O ^ N N ✓ M n n I r it I w U O F M y J r CL {07 � N • � 1 N N _ C ' YOU s o Y 11��'l1 fl 1 Y t O cv ICL o � p Y Yrl M N Yn.. In d W Y lie \ �/ \• .I is sy a YW� I Y_.' r 1 �, e Property Owner: ci ty fees DEPARTMENT OF PLANNING AND BUILDING SAFETY APPLICATION FOR AN ADMINISTRATIVE USE PERMIT A.U.P. No. 11 -,e, IF.1' S oB Aise- 11- G BEC - c 1999 350 Main Street El Segundo, CA 90245 (310) 322 -4670 Date: T1 'sml- r 1999 Name Address ,.,. Note: Property Owner's signature is required on reverse side Applicant (if different from property owner): 310- -50 - 3160 Ghaleb A. Hamideh, 25926 S. Western Avenue, Harbor City, CA 90710 Name Address Phone Property Location: 101 Virginia Street, E1 Segundo, CA 90245 Address Zoning: R -3 General Plan Land Use Designation: Multi - family Request: Under the provisions of Chapter 20.72 of the El Segundo Municipal Code, application for consideration of an Administrative Use Permit for the above described property. 1. Describe in detail the entire proposed project (type of construction, materials to be use, uses involved, i.e., bank, general office, industrial, restaurant, etc.) buildings and other equipment necessary to the project. The Town Market opened for business in October, 1999. The building and improvements previously housed a market, including sale of beer and wine for use off premises. The building was vacant for over one year from the prior tenant. Gabe Hamideh has refurbished and painted the premises to an excellent condition. 2. Describe the existing development on the site. Include square footages and uses of each building on the site. There is an existing commercial building (one story) which houses approximately 3500 sf of the market operation. Connected to that building is a duplex with a one bedroom and a three bedroom apartment. 1 ,ik�, BILL NUMBER AB 2897 CHAPTERED 09/20/94 CHAPTER 630 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 1994 APPROVED BY GOVERNOR SEPTEMBER 19, 1994 PASSED THE ASSEMBLY AUGUST 18, 1994 PASSED THE SENATE AUGUST 12, 1994 AMENDED IN SENATE JUNE 9, 1994 AMENDED IN ASSEMBLY APRIL 26, 1994 AMENDED IN ASSEMBLY APRIL 4, 1994 INTRODUCED BY Assembly Members Caldera, Andal, Bronsnvag, Ducheny, Katz, and Terry Friedman (Coauthor Senator Watson) FEBRUARY 1?, 1994 An act to amend Section 23958 of, and to add Section 23958 4 to, the Business and Professions Code, relating to alcoholic beverages LEGISLATIVE COUNSEL'S DIGEST AS 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 winegrower' s license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance THE PEOPLE OF THE STATE OF 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 whict a license is applied qualify for a license and whether the provisions of this aivision have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals The department shall deny an application for a license or for a transfer of a license if either the applicant ht4 J�vi' l�scafovl3b9�3I4Ysfaggc$ 50�� /�fs_��_u�lY ab_2897 1/21/00 for a license unaer this division. The aepartment 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 ada to an undue concentration of licenses, except as provided in Section 2395E 4 SEC 2 Section 23956 4 is addea to the Business and Professions Code, to reac 23958 4 (a) For purposes of Section 23958, "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 greater number of reported crimes, as defined in subdivision (c), than the average number of 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 population in the census tract or census di vision in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population ir, the county in which the applicant premises are located (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located (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 Geer 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 (c) 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 (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 inciude 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 train), 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 ht p�iPlww%�0gi� caSgo�Ppu�b�� .liiP9 *eSPaI6€�e�Cfl0666F -t 07'c — 66e�'ti` Wia�a�_2897 1121 /00 Type 54 (on -sale general for boat), Type 55 (on -sale genera'_ for airplane), Type 56 (on -sale general for vessels of more tnan 1,000 tons burden), and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels cf more than '_5,000 tons dispiacemenz) (61 b "premises to premises transfer" refers to eact L cense being separate and distinct and transferable upon approval of the aepartment (d) For purposes of this section, the number of retaii 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 Apri� 29, 1992, whose premises were destroyed or renderec unusable as a result of the civil disturbances occurring in :,os 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 9C days of the application 092 http / /www legmfo ca gov/ pub /93 -94/ statute /ch_ 060 1- 0650/ch_630_st_1994 ab_2897 1/21/00 BILL NUMBER AB 2742 CHAPTERED 09/20194 CHAPTER 629 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 1994 APPROVED BY GOVERNOR SEPTEMBER 19, 1994 PASSED THE ASSEMBLY AUGUST 22, 1994 PASSED THE SENATE AUGUST 19, 1994 AMENDED IN SENATE AUGUST 8, 1994 AMENDED IN SENATE JUNE 22, 1994 AMENDED IN ASSEMBLY MAY 19, 1994 AMENDED IN ASSEMBLY APRIL 11, 1994 AMENDED IN ASSEMBLY MARCH 24, 1994 INTRODUCED BY Assembly Member Lee (Coauthors Senators Dills, hughes, and Torres) FEBRUARY 9, 1994 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. 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 application for the issuance or transfer of a liquor license, and prohibits the Department of Alcoholic Beverage Control from issuing or transferring a license until at least 30 days after these notices are provided This oi11 would require the Department of Alcoholic Beverage Control to also notify the city or county planning agency of the license or license transfer application, and would allow any local law enforcement agency that is so notified to request an extension of the 30 -day waiting period for a period not to exceed an additional 20 days Existing law provides that protests against the issuance of a liquor license may be filed with the Department of Alcoholic Beverage Control, as specified Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified This bill would require the Department of Alcoholic Beverage Control, if, after investigation, it recommends that a license be issued notwithstanding a protest by a public agency, a public official, or the governing body of a city or county, to notify the agency, official, or governing body in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant, as specified Existing law establishes various matters, including a licensee's failure 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 suspension or revocation of a liduor 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 grouna for revocation or suspension of a liquor license, except with respect to certain specified licenses Existing law establishes certain regulatory requirements with h>rCpe �R - ",18gi "OAO�dS /p%b9§ V/SYata &lcgr�b� S �h_ �_s�ti9�A4ia6_2742 �1 1/21/00 of any of those req,_irements shat- be punished as a misdemeanor, unless otherwise provided This bill would establisr certain genera- operating standards that are applicable, as provided, to the licensea premises cf certain retailers o5 alccholic beverages, the viclatior of which wouia be punishanle as a misoemearor By creating a new crime, this bill'- woula es�ablisr a state - manaateo locate prograr, The Caiiforria Constit ut_or 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 CALTFORNIT, DC ENACT. AS FOLLOWS SECTION 1 Section 23987 of the Business and Professions Code is amended to read 23987 Upon the receipt by the department of an original application for any license or an application for transfer of any license, written notice thereof, consisting of a copy of the application, snail immediately ne mailed by the department to the sheriff, chief of police, and district attorney of the locality in which the premises are situated, to the city or county planning director, whoever has 3urisdiction, the board of supervisors of the county it wnicr the premises are situated, if in unincorporated territory, and to the city council or other _ governing body of the city in which the premises are situatea, if within ar incorporated area No license shall be issued or transferred Dy the department until at least 30 days after the mailing by the department of the notices required by this section The department may extend the 30 -day period specified in the preceding sentence for a period not to exceed an additional 20 days, upon the written request of any local law enforcement agency that states proper grounds for extension Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the issuance or transfer of a license SEC 2 Section 24013 of the Business and Professions Code is amended to read 24013 (a) Protests may be filed at any office of the department at any time within 30 days from the first date of posting the notice of intention to engage in the sale of alcoholic beverages at the premises, or within 30 days of the mailing of the notification pursuant to Section 23985 5, whichever is later (b} The department may reject protests, except protests made by a public agency or public official or protests made by the governing body of a city or county, if it determines the protests are false, vexatious, or without reasonable or probable cause at any time before hearing tnereon, notwithstanding Section 24016 or 24300 If, after investigation, the department recommends that a license De issued notwithstanding a protest by a puolic agency, a oub�lc cffic�al, or the governing bod% o, a city or county, the department shal_ notify the agency, official, or governing body in writing of its determination and the 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 protestant whose protest has been rejected may, within 10 days after the issuance of the license, file an accusation with the department alleging the grounds of protest as a cause for revocation of the 110 iicense and the department shali hold a hearing as provided in Chapter 5 icommencine with Section 11500) of Part I of Division 3 of Title 2 of the Government Code. (c) Notnind in tnis section shall be construed as ht�p9PAV� Ina gm b ca Gov`` rpu /$ -4d3 taiu ichw�6��- lc��d��Ida � kW2742 1/21100 the protest might have to a judicial proceeding SEC 3 Section 24200 of the Business and Professions Coos is amended 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 we contrary to public welfare or morals However, proceedings under this subdivision are not a lin_tation por tee aeparimeri's autnority to proceed under Section 22 of Article X? of the Ca__fornia Consc_tutior. 1b) 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 aaoptea 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 tnis 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 app--can: in obtaining - license. (d) The plea, verdict, or judgment of guilty, or the plea of nolo contersere to any public offense involving moral turpitude or under any federal law prohibiting or regulating the sale, exposing for sale, use, possession, or giving away of alcoholic beverages or intoxicating liquors or prohibiting the refilling or reuse of distilled spirits containers charged against the licensee (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 tnose 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 M 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 locatea, 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 12; "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in pnbl�c, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug traffic King, or excessive loud noise (3` "Reasonable steps" means ate.. of the following (A) Calling the local law enforcement_ agency Timeiy calls to the local law enforcement agency that are placed by the Licensee, or his or ner agents or employees, shall not be construed by the department as evidence of objectionable cornirions that constitute a nuisance http /fwwwicgln o caggovPpu$i�e 4'�t�atu %ic�1t��01 b6�`Ot/chMOsst -IMI -2742 ,)Q9 1!21100 ob7ectionanle conditions to cease those activities, unless the licensee, or his or ner agents or employees, feel that their personal safety would be threatened in making that request (C) Maxing g000 fart^ efforts to remove items that facilitate loitering suer as furniture, except those _..ruat_res approvea or permittee bl the lona_ urlsdiction The licensee Shall not be liable for the removal of tncse items that faciiitate - citerino (4; Wher aeterminino what constitutes "reasonab�e 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 notel, motel, or similar lodging establishment, as defined in subdivision (b) of Section 25503 16; a wine growers license, a licensed beer manufacturer, as refired in Sectior 23357, those same or contiguous premises for which a retail licensee concurrently holds an off -sale retail beer and wine license ana a beer manufacturer's license, or those same or contiguous premises at which an on -sale licensee who is licensed as a bona fide public eating place as defined _n 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 ana 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 snall 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 nolds 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 locai regulations that are otherwise authorized by law (c) Other than as provided in subdivision (a), each retail licensee shall comply with all of the following (1) A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the licensee The size, format, form, placement, and languages of the sign or signs shall be determined by the department This paragrapr shall apply to a licensee only upon written notice to the 'licensee from the aepartment. The department shall issue this written notice only upon a request, from the local law enforcement agency i- wnose Ourisaiction the premises are located, that is supportea by substantial evidence that there is loitering adjacent to the premises (2) A prominent, permanent sign or signs stating "NO OPEC: ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" shall be poster in a place that is clearly visible to patrons of Qf'j the licensee The size, format, form, placement, and languages of the sign or signs shall be determined by the department ht l wivw,je°giiiro' shall-, op��- Okseatat�e`/cal`i'a(��OP`b)6 � _61$isttl' 94_ab_2742 1 /21 /00 notice to the - _censee fror tine department The department shall issue this writcer notice 0 -1y upon a request, from the local law enforcement aaercy it whose jurisdiction one cremises are located, that is supportea n} substantiai evidence that there is drinkine in public acjacert tc the premises (3; No aiconol_c beverages seal' ce consumed on the premises of an off-sale retai_ establisnmert, arc no alcoholic oeverac_es shall be consumeo outside the edifice of ar or -sa -e retai- est_ablishment (4) The exterior of the premises, incluaind 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 oper for business in a manner sc that persons standing in those areas at night are loent_fiaoie by law enforcement personnel However, the requirec illumination shall be place❑ so as to minimize interference wit' the quiet enjoyment of nearby residents of their property (5, Litter shall be remove❑ gaily from the premises, including adjacent public sidewalks and all parking lots unaer the control of the licensee These areas shah' be swept or cleaned, either mechanically or manually, on a weekly basis to control aeorls (6) Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 1.0.0 hours of application (7; No more than 33 percent of the square footage of the windows and clear doors of ar off -sale premises shall bear advertising or signs cf any sort, ana all advertising and signage shall be piacea ana maintainea in a manner that ensures that law en_Forcemert 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) shal' 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 5 No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 necome operative on the same date that the act takes effect pursuant to the California Constitution 997 http (1ww\N leginfo ca govfpub /93- 94fstatute /ch 0601- 0650fch_629 st 1994_ab_2742 1/21/00 EL SEGUNDO CITY COUNCIL MEETING DATE: February 1, 2000 AGENDA ITEM STATEMENT AGENDA HEADING. Council Reports AGENDA DESCRIPTION* Discussion of Title 3.06 of the El Segundo Municipal Code relating to business attraction program RECOMMENDED COUNCIL ACTION: Discussion and/or possible action INTRODUCTION AND BACKGROUND: DISCUSSION: In checking Title 3 06 of the El Segundo Municipal Code, I have found that there are some incentives in the program that can be given by the Director of Planning & Building Safety Since the Economic Development Department has now merged with the Planning & Building Safety Department, we should consider another review required to insure that a project fully meets the mcentive guidelines. ATTACHED SUPPORTING DOCUMENTS: El Segundo Municipal Code Section 3.06 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance- Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ mb 1n lnwstaffrp tin 13 Go EL SEGUNDO MUNICIPAL CODE Page 3 -2 Title 3 - REVENUE AND FINANCE Chapter 3.06 BUSINESS ATTRACTION PROGRAM Sections: 3.06.010 TITLE. 3.06.020 PURPOSE. 3.06.030 BUSINESSES ELIGIBLE FOR INCENTIVES. 3.06.040 BUSINESS LICENSE TAX CREDIT. 3.06.060 UTILITY USERS TAX CREDIT. 3.06.070 PLANNING AND BUILDING FEES AGREEMENTS. 3.06.080 TAX REDUCTIONS AND SUSPENSIONS. 3.06.010 TITLE This chapter shall be known as the Business Attraction Program of the City. (Ord. 1253, 1252, 1220). 3.06.020 PURPOSE This chapter sets forth a mechanism for establishing financial incentives to businesses to facilitate business attraction in the City. (Ord. 1253, 1252, 1220). 3.06.030 BUSINESSES ELIGIBLE FOR INCENTIVES "Business" as used in this chapter is defined as a business proposing to locate in the City which meets most of the following criteria and is eligible for consideration for the incentives established under this chapter: (a) The business is engaged in a Primary or Secondary Target Industry as identified in the City Economic Development Strategic Plan dated September 23, 1993, as amended from time to time by the city council. (b) The business has developed a business plan for long -term growth. (c) The business will provide the City with a return on investment within three years or a longer term if approved by the city council. The method used to determine the return on investment for the City shall consider the costs of City services provided to the business and the revenue and other benefits that the business provides to the City. The revenue and benefits provided to the City shall include, but not be limited to, the following factors: increase in number of Sobs, increase in square footage occupied, increase in sales and use tax revenue, increase in transient occupancy tax, increase in utility users tax revenue, increase in franchise fees, and increase in any other taxes or fees paid to the City. (December, 1997) 099 EL SEGUNDO MUNICIPAL CODE Page 3 -3 Title 3 - REVENUE AND FINANCE (d) Commitment of the business to stay in City for a minimum of six years. (e) Business has the capability of utilizing existing businesses located in the City or attracting support industries into the City. (Ord. 1253, 1252,1220). 3.06.040 BUSINESS LICENSE TAX CREDIT (a) Any business which increases the amount of sales and use tax revenue received by the City from the business or its activities above its baseline, as defined hereunder, shall receive a credit to its business license tax equal to the dollar amount of the increase above the baseline. The amount of business license tax credit shall be determined annually and is sub3ect to approval by the city manager. Said credit shall be applied to the business license tax owed in the next fiscal year only; provided, that, in no event, shall the credit exceed the amount of business license tax owed. (b) For the purposes of this section, the "baseline" for a business shall be determined as follows. For each fiscal year, the baseline shall be equal to the amount of sales and use tax and business license tax revenue projected to be generated for the City as calculated from projections based on the business plan submitted by the business to the City. (c) A business may only be granted business license tax credits under this section for the first three years that the business operates in the City or such longer term as determined pursuant to subsection (c) of Section 3.06.030. A business is not eligible to receive any business license tax credits based on sales and use tax revenue established under Title 5 of the Code which the business is receiving a business license tax credit under this section. (Ord. 1253, 1252, 1220). 3.06.060 UTILITY USERS TAX CREDIT The City Manager, or his or her designee, is hereby authorized to negotiate and enter into a tax credit agreement which grants to a business a credit on the utility users tax imposed by the City for a period not to exceed three years following the date of the agreement or such longer term as determined pursuant to subsection (c) of Section 3.06.030. The credit shall be calculated annually and shall be applied to the utility users tax owed for the next fiscal year only; provided, that, in no event, shall the credit exceed the amount of tax owed. (Ord. 1253, (December, 1997) r; O EL SEGUNDO MUNICIPAL CODE Page 3 -4 Title 3 - REVENUE AND FINANCE 1252, 1220). 3.06 070 PLANNING AND BUILDING FEES AGREEMENTS (a) The Director of Planning and Building Safety, or his or her designee, is hereby authorized to negotiate an agreement which reduces the planning and /or building fees applicable to a project developed by a business in an amount not to exceed fifty percent (500) of the fees imposed. The fee reduction shall only apply to projects specified in the agreement. Said agreement shall be approved by the city manager. (b) The Director of Planning and Building Safety, or his or her designee, is hereby authorized to negotiate an agreement which establishes a timetable for the completion of the review, approval and inspection process conducted by the City in connection with a project developed by a business. Under said agreement, the planning and /or building fees applicable to the project shall be refunded and /or waived if the failure to meet the timetable is solely caused by City inaction. The fee refund and /or waiver shall only apply to the project specified in the agreement. Said agreement shall be approved by the city manager. (c) For the purpose of this section, "planning and /or building fees" is defined as any or all of the fees imposed by the City under the Zoning, Subdivision, Building, Electric, Plumbing, and Mechanical Codes of the City." (Ord. 1253, 1252, 1220). 3.06.080 TAX REDUCTIONS AND SUSPENSIONS. The City Council of the City of El Segundo has the authority to (i) provide for the suspension of taxes collected under Title 3 and Title 5 hereof and, (ii) provide for a reduction in the tax rates assessed under Title 3 and Title 5 hereof. (Ord. 1253, 1252, Urgency Ord. 1243). (December, 1997) IIn t 14 Discussion to review the City's filrmng permit policy regarding time of approved start and stop Recommendation — Discussion and /or possible action. fr 14