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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
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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
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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
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ATTEST
City Clerk
CITY OF INGLEWOOD
By
Mayor
CITY OF LAWNDALE
By
Mayor
ATTEST
City Clerk
ATTEST:
City Clerk
Koval -k."
City Clerk
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CITY OF MANHATTAN BEACH
By
Mayor
CITY OF REDONDO BEACH
By
Mayor
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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,
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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
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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
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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
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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
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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
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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
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APPROVED AS TO FORM:
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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)
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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
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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 #
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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
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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
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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
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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
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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
