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2001 MAR 20 CC PACKETGtr Y 0 {s�ctx�4 • , � 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 continent 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 submittmg a Written Request to the City Clerk or City Managers 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, ou need spectaI assistance to participate to this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the Cm to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 20, 2001 - 5:00 P.M. Next Resolution # 4206 Next Ordinance # 1332 5:00 PM Session CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seM c ) for the purposes of confemng with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1 Phillips Petroleum, et at v County of Los Angeles, et al., USDC No. 1938 -MRP (ivlANx) 2 Shell Chemical Company, et al v. County of Los Angeles, et al., USDC No. 1917 -GHK (RCx). 3 Jeffrey Capistran v. El Segundo, LASC Case No. YC 038535. 4 Lucas v El Segundo, LASC Case No. L04721. 5 El Segundo v Tno Manufacturing, LASC Case No YC038567 6 Glover v City of El Segundo, LASC Case No. YC039465 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b). -li- potential case (no further public statement is required at this tune), Initiation of litigation pursuant to Gov't Code §54956 9(c) -3- 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 X02 GAT Y O.t+ t'q S�GtY$ AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time lumt for comments is five (5) minutes net person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, tf 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 compli ance with the Americans with Disabilities Act if) on need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 49 hours prior to the meeting will enable the Ctty to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 20, 2001 - 7:00 P.M. Next Resolution # 4206 Next Ordinance # 1332 7.00 PM Session CALL TO ORDER INVOCATION — Rabbi Mark Hyman, Congregation Tifereth Jacob PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs PRESENTATIONS — (a) Proclamation on the South Bay Regional Law Enforcement Exploring Program and Commendations to El Segundo Explorers of Academy Class #42, Trevor Sellens and Patrick Ory (b) Commendations presented to Cathie Haynes, El Segundo Middle School 7th Grade Science Teacher, and her students Nichole Bobco, Ariel Kapur, MayMay Lau, Casey Topaz, Alan Phuoc Nguyen, Cathey Teoh, and Mitchell Shatrar for their winning essays in the Air Force Association 2001 Space Walk competition on the essay topics of Space Based Laser, Space in the Future, Commercial Communication Satellites and NASA. ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of S50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their 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 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed 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 - Amend Resolution #3665 changing the Board of Library Trustees meetings to Bt- Monthly Recommendation — Approve a resolution changing the Board of Library Trustees meetings from monthly to bi- monthly commencing with the April 2001 meeting, and authorize the board to make the same change in their bylaws. 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 2516117-2516471 on Register No 11 in total amount of $1,281,452.66, and Wire Transfers in the amount of $317,544 91 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 02/24/01 to 03/09/01. City Council meeting minutes of March 6. 200L Recommendation - Approval. 4 Five Resolutions consolidating all resolutions relating to fines and fees for the Finance Department, Recreation and Parks Department, Fire Department, Police Department, and Public Works Recommendation — Adopt Resolutions. 1) (14 Adoption of Ordinance on a proposed Development Agreement and General Plan Amendment to demolish a 12 -story office building and construct a new six -story, 120,610 square foot office building, which exceeds the floor area ration (FAR) in the Corporate Office (CO) Zone, at 888 North Sepulveda Boulevard (Environmental Assessment No. EA -535, Development Agreement No. 00 -2, and General Plan No 00 -2.) Property owner- W9 /SEP Real Estate Limited Partnership Recommendation — a) Second reading and adoption of Ordinance by title only; or b) Other possible action /direction. Award contract to Transportable Treatment Services, Inc. for the lining of sanitary sewer access structures at various locations — Approved Capital Improvement Project No. PW 00 -18 (_contract amount = $42.460 00) Recommendation — a) Award contract to the lowest responsible bidder, Transportable Treatment Services, Inc., in the amount of $42,460.00. b) Authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. Examination plans for the Personnel Merit System job classifications of Assistant Planner and Park Maintenance Worker I/II Recommendation — Approve the Examination Plans. Request for the City Council to reallocate $150,851 previously approved communications center resources to fund equipment and services provided by the West Covina Service Group (WCSG) Recommendation — Reallocate $150,851 to the Communications Center for equipment and services provided by the WCSG. Pvrospectaculars Contract Recommendation — Approve contract. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 10 The Downtown Subcommittee has recommended that parking on the City Hall plaza be included in the Downtown Specific Plan Staff is requesting direction to implement the Downtown Subcommittee recommendation Recommendation — Authorize staff to study the feasibility and cost of parking on the CityHall plaza. 11 Reorganization of the Human Resources and Finance Department into a single Administrative Services Department Recommendation — (a) Approve reorganization, departmental title change, and salary change. (b) Approve job description changes effective October 1, 2001 adding the Director of Administrative Services, eliminating the Finance Director and amending the Assistant City Manager description. (c) First reading and introduction of an ordinance creating the Administrative Services Department and Director of Administrative Services position as at -will. (d) Schedule second reading and adoption of the Ordinance for April 3, 2001. (e) Adoption of Resolution adding the Director of Administrative Services position to the City's conflict of interest Code. All changes to be fully implemented by October 1, 2001. 12 Consideration of Amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of El Segundo providing 21363 1 (3% at 55 Full and Modified formula) for local fire members, as required by the El Segundo Firefi hters' Association 2000 -03 Memorandum of Understanding Recommendation — (a) Read resolution by title only; (b) Adopt Resolution; (c) Provide for first reading of the Ordinance; (d) Schedule second reading and adoption of the Ordinance for April 17, 2001; (e) Authorize the Mayor to sign the Certification of Member Contribution Rate. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE 1. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE ,(,G PUBLIC COMMUNICATIONS - (Related to City Business Onl - 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 S250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to rommenty after Puhlic Communirations is closed MEMORIALS CLOSED SESSION The City Coundil may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seM c ) 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., March 20, 2001 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME 032001ag �J07 March 20, 2001 EL SEGUNDO HAMBER OF COMMERCE Honorable Mike Gordon, Mayor Members of the City Council City Hall El Segundo, CA Dear Mayor and Council Members For many years the Chamber of Commerce, through our DESI committee, has sought to raise public awareness of the important contribution a vital and attractive downtown makes to the quality of life in El Segundo. To that end, at our regularly scheduled meeting this morning, the Board of Directors of the Chamber unanimously approved a resolution supporting the City's efforts in the re- vitalization of our downtown The Chamber supports and appreciates the leadership you have shown in taking on this challenge and we encourage you to remain committed to the goal of helping our downtown realize it's full potential Respectfully Submitted, Bill Cngger President 427 Main Street, El Segundo, CA 90245 • (310) 322 -1220 • Fax (310) 322 -6880 E -mail elsegundochamber @aol com EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION' Pyro Spectaculars, Inc. Contract RECOMMENDED COUNCIL ACTION' Approve contract BACKGROUND & DISCUSSION' The Recreation and Parks Department has contracted Pyro Spectaculars, Inc for approximately nine years as the city's 4th of July fireworks display contractors Pyro Spectaculars, Inc. has always been very accommodating working within the confines for Recreation Park and have met the requirements necessary with the Fire Department in regards to safety This year's 4th of July budget allocation Is $18,000 The cost for the fireworks show is $14,000 Due to the city's mandated Increase of liability Insurance from $1,000,000 to $5,000,000 the cost of the show has gone up $3,000 The Increase will be absorbed In this years 4th of July budget allocation This updated contract will reflect a $5,000,000 liability policy for this event Pyro Spectaculars, Inc contract has been reviewed and approved with the stated increase In liability insurance coverage by the City Attorney's and Is on file In the City Clerk's office ATTACHED SUPPORTING DOCUMENTS. Pyro Spectaculars, Inc Contract Addendum for increase liability Insurance FISCAL IMPACT: Operating Budget: $18,000 Amount Requested' $17,000 Account Number: 108 - 400 - 5207 -6481 Project Phase - Appropriation Required No ORIGINATED DATE March 20, 2001 Johnson, Director of Recreation and Parks Mir-11N 211 200103290 -4th EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION: Pyro Spectaculars, Inc Contract RECOMMENDED COUNCIL ACTION Approve contract BACKGROUND & DISCUSSION, The Recreation and Parks Department has contracted Pyro Spectaculars, Inc. for approximately nine years as the city's 4th of July fireworks display contractors. Pyro Spectaculars, Inc. has always been very accommodating working within the confines for Recreation Park and have met the requirements necessary with the Fire Department in regards to safety This years 4th of July budget allocation is $18,000 The cost for the fireworks show Is $14,000 Due to the city's mandated increase of liability insurance from $1,000,000 to $5,000,000 the cost of the show has gone up $3,000. The increase will be absorbed in this years 4th of July budget allocation This updated contract will reflect a $5,000,000 liability policy for this event Pyro Spectaculars, Inc, contract has been reviewed and approved with the stated increase in liability insurance coverage by the City Attorney's and is on file In the City Clerk's office. ATTACHED SUPPORTING DOCUMENTS, Pyro Spectaculars, Inc. Contract Addendum for increase liability insurance FISCAL IMPACT Operating Budget. $18,000 Amount Requested: $17,000 Account Number: 108 - 400 - 5207 -6481 Project Phase, Appropriation Required. No ORIGINATED DATE. March 20, 2001 Greg Johnson, Director of Recreation and Parks ACTION TAKEN 200103290 -4th EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING- Reports of Committees, DESCRIPTION: Amend Resolution #3665 changing the Board of Library Trustees meetings to Bi- Monthly RECOMMENDED COUNCIL ACTION: Approve a resolution changing the Board of Library Trustees meetings from Monthly to Bi- Monthly commencing with the April 2001 meeting, and authorize the board to make the same change in their bylaws BACKGROUND & DISCUSSION: On December 4, 1990, Resolution #3665 established a board of library trustees and Section 1 established the frequency of the meetings to "not less than monthly " This was also directed by the California Education Code 18914 which states, "Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution " After conferring with the City Attorney it has been determined that the California Education Code is a directive and not a mandatory guideline for the frequency of board meetings Therefore, the frequency could be changed by an amended resolution with Council approval On February 13 2001, the library board unanimously voted to change the monthly meetings to bi- monthly and to bring an amended resolution to the City Council for approval If the amended resolution passes, the board would conduct their bi- monthly meetings on the second Tuesday in the months of January, March May July September, and November The Library Board of Trustees Bylaws Article V , allows for a "Special Meeting" to be called by the President of the Board or a majority of the voting members in case there does become a need in the future to meet other than on the regularly scheduled meeting dates ATTACHED SUPPORTING DOCUMENTS 1 Amendment to resolution #3665 FISCAL IMPACT None Operating Budget. None Amount Requested* None Account Number: None Project Phase: Public Meeting Appropriation Required Yes No x ORIGINATED Date: e ra r ill Library Director RE.VIEWED BY Date: 3 a 'On�n—City Manager /' °/ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING RESOLUTION 3665 CHANGING THE BOARD OF LIBRARY TRUSTEES MEETING SCHEDULE TO BI- MONTHLY NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Section 1 of Resolution No 3665 shall be amended as follows The board of library trustees shall meet not less than bi- monthly at a regular meeting the date and time of which shall be set by resolution at the Initial meeting of the board 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, and shall make a minute of the passage and adoption thereof In the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 20th day of March 2001 Mike Gordon, Mayor of the City of El Segundo, California RESOLUTION NO —NQING RESOLUTION NO 3665 -' RY TRn4TFE4 MEETING SCHEnULE CERTIFICATION 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 the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed an 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 20th day of March 2001 and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICAL SEAL OF SAID CITY this 20'" day of March 2001 ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM. Mark D Hensley City Attorney RESOLUTION NO 'ENDING RESOLUTION NO 3665 -" D OF LIBRARY TRUSTEES MEETING SCHEDULE ) q = m a m '^ NW:s M �s �J c 3 88 tYG � w- Sxgiz �7 • e o� tl �3 uY -033% > m e 4 m i 3 ;�3 T g q ? Il 3 g z o _ d4 m 4 2f i i c r _ �• n m ` ` n e �- IWA MORM I� la z T O ° T > r a e T z m g <s "s =s3g�x's��:v3ec= a3 -sss:$ ry a 9 3 8 ��� R. sT yyk S9T� wgx yX� m c� w06 2 �5F 3SR z z ° m ° a � w C NW:s M �s 3 88 tYG � w- m �7 o� tl > m m i T g g z o m 4 2f i i i 9 m 9 O Q • E ° • v z - g i o 5 g d £ 4 • � 3 Y g E_ S a S g£ R o � I� la z T O ° T > r a e T z m g <s "s =s3g�x's��:v3ec= a3 -sss:$ ry a 9 3 8 ��� R. sT yyk S9T� wgx yX� m c� w06 2 �5F 3SR z z ° m ° a � w C a n ^n e w b n W C NW:s s -Ml �s 3 88 tYG It &V8eU w- �7 o� tl > m m i T g g z o m 9 F z a n ^n e w b n W C CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/2412001 THROUGH 319/2001 Date Payee Amount Description 2/27/01 Health Comp 000 Weekly claims 2/23 3/1101 IRS 186,655.26 Federal Taxes PR 18 311101 Employment Development 36,585 63 State Taxes PR 18 3/1/01 US Bank 18,125 00 District 73 Interest 3/2/01 Federal Reserve Bank 250 OD Emp Savings Bond PRI8 EE 3/2/01 Federal Reserve Bank 25000 Emp Savings Bond PR18 1 315101 Seimens Financial 44,837 50 Energy Management 3/7/01 Health Comp 84231 Weekly claims 3/2 3/7101 Wells Fargo 12,000 00 Golf Course Payroll 2/23- 3/9/01 Workers Comp Activity 17,999 21 SCRMA checks issued 317,544 91 DATE OF RATIFICATION' 03/20/01 TOTAL PAYMENTS BY WIRE Certified as to the accuracy of the wire transfers by Deputy Treasurer / r ICL ,, / r' -3 /z I f Date Finance Director `,� /}� f "�.�% >/(Jo Date City Manager Date 317,544.91 Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2001 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5.00 P M ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present - arrived at 7.10 P M Council Member McDowell - Present Council Member Wernick - Present MOVED by Mayor Gordon, SECONDED by Council Member Wemick to add, pursuant to the Government Code 54956.9 Potential Litigation, to the closed session agenda an item involving El Segundo Power and Dynergy, related to the UUT tax to the agenda that arose after the posting of the Agenda Motion passed by unanimous voice vote 4/0 Council Member Gaines absent CLOSED SESSION: The City Council moved Into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seq ) for the purposes of confemng with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and /or existing litigation; and/or discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 City of El Segundo v Bd of Airport Commissioners, et al , LASC Case No. BC 220609 2 Phillips Petroleum, et al v County of Los Angeles, et al., USDC No 1938 -MRP (MANx) 3 Shell Chemical Company, et al v County of Los Angeles, et al., USDC No 1917 -GHK (RCx) 4 Jeffrey Capistran v El Segundo, LASC Case No YC 038535 5 In re Randall's Island Family Golf, Case No 0OB41065 (SMB) 6 Lucas v El Segundo, LASC Case No L04721, 7 El Segundo v Tno Manufacturing, LASC Case No. YC038567 8 Glover v City of El Segundo, LASC Case No YCO39465 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b)- -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None Ad W UTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING ''ii CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None Council adjourned to open session at 6 55 P.M. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 6, 2001 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7 00 P M INVOCATION AND PRESENTATION OF FLAG - Job's Daughters PRESENTATIONS — (a) Council Member Gaines read a proclamation to be presented to Donna Kahl as the Switzer Center "South Bay Woman of the Year" and honoring her for making a difference in our community (b) Council Member McDowell presented a Commendation to Beth Muraida as the Switzer Center "South Bay Woman of the Year" and honoring her for making a difference in our community (c) Mayor ProTem Jacobs presented a Commendation to the International Order of Job's Daughters, Bethel 295 in El Segundo, in recognition of their programs to promote leadership, fund - raising, public speaking, community service, and the fundamentals of parliamentary procedure 13i1Rwongi Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the 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 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding the downtown project Bill Mason, Chamber of Commerce, announced a drive to collect old computers, between 10 A M and 3 P M on Saturday March 16, 2001 MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING H 5 n01 Liz Garnholz, resident, spoke regarding the LAX lawsuit. Barbra Bimey, PTA President, spoke regarding the "Run for Education ". Chuck Derderwader, resident, spoke regarding the Senior Club. Joan Parker, resident, invited the community to an event at Raytheon, 3rd Annual Reserve Officers West Coast National Drill Contest, March 31, 2001 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title - only MOVED by Council Member McDowell, SECONDED by Council Member Gaines to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B SPECIAL ORDERS OF BUSINESS — Public hearing on a Development Agreement and General Plan Amendment The applicant requests approval to demolish a 12 -story office building and construct a new six -story, 120,610 square foot office building, which exceeds the floor area ratio (FAR) in the Corporate Office (CO) Zone, at 888 North Sepulveda Boulevard. (Environmental Assessment No EA -535, Development Agreement No 00 -2, and General Plan No 00 -2 ) Property owner W9 /SEP Real Estate Limited Partnership Mayor Gordon stated this is the time and place hereto fixed for a public hearing on a Development Agreement and General Plan Amendment The applicant requests approval to demolish a 12- story office budding and construct a new six -story, 120,610 square foot office building, which exceeds the floor area ratio (FAR) in the Corporate Office (CO) Zone, at 888 North Sepulveda Boulevard (Environmental Assessment No EA -535, Development Agreement No 00 -2, and General Plan No 00 -2 ) Property owner W91SEP Real Estate Limited Partnership. He asked if proper notice had been done and if any written communications had been received Clerk Mortesen stated that notice was handled by the CEDS and that no written communications had been received by the Clerk's Office One written communication has been received by CEDS and copied to Council Jim Hanson, Director of Community, Economic and Development Services, gave a brief staff report Liz Garnholz, resident, spoke in favor of the Planning Commission decision Eric Hansen, representing the applicant, spoke regarding the project Council consensus to close the public hearing City Attorney Mark Hensley read the following MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING -�H 5 2001 RESOLUTION NO, 4205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOK ENVIRONMENTAL ASSESSMENT NO EA -535 AND DEVELOPMENT AGREEMENT NO 00 -02 FOR THE CONSTRUCTION OF A NEW OFFICE BUILDING AT 888 NORTH SEPULVEDA BOULEVARD PETITIONED BY: LEGACY PARTNERS. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No 4205 approving a Mitigated Negative Declaration of Environmental Impacts for Environmental Assessment No EA —535 and Development Agreement No 00 -02 for the construction of a new office budding at 888 North Sepulveda Blvd MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 City Attorney Mark Hensley read the ordinance by title only, with the inclusion of the following amendments to the Ordinance and the Development Agreement GENERAL PLAN AND ZONING CONSISTENCY Since the revised draft development agreement would reduce the size of the proposed office building, the density of the proposed project would be consistent with intention of reducing FARs as contemplated by the current General Plan. The Land Use Element of the General Plan, specifically, the Corporate Office Land Use designation sections set forth on pages 3 -7, is hereby amended to add the following sentence A maximum FAR of 1 086 is permitted for the property commonly referred to as 888 North Sepulveda boulevard (Assessor's Parcel Number 4138-005 -055), pursuant to Development Agreement No 00 -02 (Ordinance 1331, GPA 00 -2, 3120/01) DEVELOPMENT AGREEMENT 2 The project is in conformity with the public convenience, general welfare and good land use practice, because the Development Agreement proposes a project which would reduce the current FAR on the site and otherwise be consistent with the development standards in the Corporate Office Zone and would require the elimination of a temporary airport park -and- ride operation upon protect occupancy DELETE ENTIRE SECTION NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Development Agreement No 00 -2, with modifications, subject to the following conditions. Prior to issuance of a budding permit, the applicant shall submit plans, which indicate that the project Is In substantial conformance with plans and conditions approved and on file with the Department of Community, Economic and Development Services Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING _ ) i DEVELOPMENT AGREEMENT D. The Developer proposes to demolish the existing twelve (12)-story office building, and construct a six (6 }story office budding consisting of a maximum of one hundred twenty thousand six hundred and ten square feet with a Floor Area Ratio ( "FAR ") of 1.086. Parking for the new six (6} story budding would be provided by the existing parking structure located on Parcel 2, with an additional seventeen (17) surface parking stalls (the "Development Project ") The Development Project is hereinafter sometimes referred to as the "Project " All parking required for Parcel 1 shall be provided on Parcel 2. 6 Development of the Property F (ii) Two (2) loading spaces with a width of thirteen (13) feet and a depth of thirty (30) feet shall be required to serve Parcel 2 instead of the three (3) loading spaces with a width of thirteen (13) feet and depth of fifty (50) feet as required by Section 20 54.060 of the City's Zoning Ordinance 10 Benefits to the Citv The City will benefit from the elimination of the existing obsolete building as a result of the demolition of the existing, vacant twelve (12) -story budding located on the Site, the abatement of asbestos located in such vacant budding, and the development of a new, image enhancing development project within the northern portion of the City The City will benefit from increased sales taxes derived from retail sales to occupants of the Project Further, the Developer agrees to contribute to the City the sum of One - Hundred Fifty Thousand Dollars ($150,000) for the cost of landscaping, median, visual, and other improvements to Sepulveda Boulevard in the vicinity of the Site The City shall, at its sole discretion determine which Improvements the Developer's contribution shall be used for. The payment shall be made prior to the City's issuance of a Certificate of Occupancy for the first tenant Improvement associated with the Development Project, excluding a building /management and leasing office which shall not trigger the contribution obligation Any such work shall be performed by the City. 12 Review of Compliance (d) Cure of Default - DELETE ENTIRE SECTION 15 Proceedlnas Upon Termination - DELETE ENTIRE SECTION 19 Remedies For Default - DELETE ENTIRE SECTION ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY COUNIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00 -02 AND APPROVE GENERAL PLAN AMENDMENT NO 00 -02, FOR CONSTRUCTION OF A NEW OFFICE BUILDING AT 888 NORTH SEPULVEDA BOULEVARD. Mayor ProTem Jacobs introduced Ordinance MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING O 5 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 2 Approved Warrant Numbers 2515863 - 2516116 on Register No. 10 In total amount of $600,046 28, and Wire Transfers in the amount of $1,058,072.56 3 Approved City Council meeting minutes of February 20, 2001 4 PULLED BY COUNCIL MEMBER WERNICK. 5 Approved SPCA Contract No 2864 for animal sheltering services 6 Approved the extension of Bid #97 -07and authorize staff to continue to Issue an annual blanket purchase order with Long Beach Uniform, not to exceed $44,000 plus applicable taxes, through September 30, 2002 for Police uniforms and safety equipment 7 PULLED BY MAYOR PROTEM JACOBS, DUE TO A POSSIBLE CONFLICT OF INTEREST 8 Rejected low bid of CT & F as being non - responsive and awarded Contract No 2865 to TDS Engineering for the Installation of two (2) banner poles on Sepulveda Boulevard, approximately 150 feet north of Holly Avenue (contract amount = S34,374 00) and authorize the Mayor to execute the standard public works contract 9 Received and filed Farmer's Market Financial Report MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda Items 2, 3, 5 6, 8, and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 4 Authorize the release of $9,315 In block grant funding to the Los Angeles County District Attorney's Office from the (OCJP) /Juvende Accountability Incentive Block Grant (JAIBG) and authorize the City Manager to sign the Waiver of Direct Subgrant Award form and return It to the Los Angeles County District Attorney's Office MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING "'H5 7001 MOVED by Council Member Wemick, SECONDED by Council Member McDowell to authorize the release of $9,315 in block grant funding to the Los Angeles County District Attorney's Office from the (OCJP) /Juvenile Accountability Incentive Block Grant (JAIBG) and authorize the City Manager to sign the Waiver of Direct Subgrant Award form and return it to the Los Angeles County District Attorney's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 7 Amendment No 4 to the Professional Services Agreement (Contract No. 2645) between the City of El Segundo and Meyer, Mohaddes Associates, Inc - Re- striping (amendment amount $15,000 00) MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve Amendment No 4 to the Professional Services Agreement (Contract No. 2645) between the City of El Segundo and Meyer, Mohaddes Associates, Inc. - Re- stnping (amendment amount 515,000 00) 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 F. NEW BUSINESS — 10 Request to distribute an RFP for a master plan for Recreation Park and architectural design for a community center Mary Strenn, City Manager, gave a brief staff report MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to approve the RFP for a master plan for Recreation Park and architectural design for a community center an authorize staff to distribute to interested architectural firms. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 11 Inclusion of the 100 -200 blocks of Main Street and Grand Avenue from Standard Street to Concord Street in the first phase of the implementation of the Downtown Specific Plan as recommended by the Downtown Subcommittee. Mayor ProTem Jacobs not participating on this item due to possible conflict of interest MOVED by Council Member McDowell, SECONDED by Council Member Gaines to include the 100 -200 blocks of Main Street and Grand Avenue between Standard and Concord Streets in the first phase of improvements of the Downtown Specific Plan and direct staff to estimate the tasks and related costs of the additional improvements. 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 G REPORTS - CITY MANAGER - NONE H REPORTS — CITY ATTORNEY - NONE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING °C4 5 2001 O 7 1. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Spoke regarding LAX Coalition and the progress made Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tern Jacobs — Spoke regarding the South Bay Women Awards and the South Bay Children's Choir She also reported on the Guaymas trip Mayor Gordon - Gave an extensive report on the LAX Coalition PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of S50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of S250 While all comments are welcome the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Liz Garnholz, resident, spoke regarding LAX matters CLOSED SESSION - NONE ADJOURNMENT at 9 50 P M Cindy Mortesen, City Clerk �41NUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE: March 20, 2001 AGENDA HEADING: Consent Five Resolutions consolidating all resolutions relating to fines and fees for the Finance Department, Recreation and Parks Department, Fire Department, Police Department, and Public Works RECOMMENDED COUNCIL ACTION Adopt Resolutions BACKGROUND & DISCUSSION Theses Resolutions are proposed for adoption listing all current fees and fines There is no change in the existing fees and fines, merely a paper work adjustment to make the schedules user friendly ATTACHED SUPPORTING DOCUMENTS Draft Resolutions FISCAL IMPACT NONE ORIGINATED �Mort", , �, . y Mort , �t ertr� --� REVIEWED BY Mary Strenn, City Manager DATE DA' Jfi-/C i ,Iatf Renort pees 1 10 59 %%I In RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONSOLIDATING ALL RESOLUTIONS RELATED TO FINES AND FEES OF THE FINANCE DEPARTMENT Whereas, Ordinance 1252 and Ordinance 1253 were adopted by the People, fees are referenced in this Resolution for convenience and reference purposes only and are not amended or altered in am u a% from A hat was originally adopted by the People, and N� hereas, there exists %arious resolutions relating to fines and fees for Finance Deparment services to recover partial costs of Finance Department services, and %� hereas for the com en ence of the public and the ease of adriumstration it is in the best interest of the Cit% that these fines and fees be consolidated into one resolution, and Whereas, the purpose of this resolution is to consolidate fees established by Resolution Number 359: and Ordinance ',umbers 1069, 878, 1080, 804, 1017, 1323, and 1 129 into this sinele resolution A hich may be amended from time to time by the City Council, and Whereas. the Finance Department fines and fees do not exceed the reasonable cost ofproviding service, and Whereas, this resolution does not adjust any fees and merely compiles all fees set forth in other resolutions ��T I ITrnN NO S P[NANC F DFPART'kirNT NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The schedule of fees, referred hereto as Exhibit "A" and by reference made a part hereof, is hereby approved as the schedule of fees for various Finance Department Services 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, and shall make a record of proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted PASSED. APPROVED and ADOPTED this day of 2001. APPROVED AS TO FORM. n -zl Hark HensleN, City Attornei Mike Gordon, Mayor City of El Segundo c v, r1.. v rcF4 FIN A%C'F'J, ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, Califorma, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said Cit} all at a regular meeting of said Council held on the day of 2001, and the same w as so passed and adopted by the following vote AYES DOES 4BSE \T .BST -% � Cind\ Moriesen Citv Clerk • m 'T r m a --3 Z r Z f f Z n 7_ 7_ rJi r� n m o x z o7 -n a In Lh VI lA 00 00 00 000 000 000 000 000 000 00 p 000 O O O O a O O a > w a GC na. q w c C 7 CD tyn Vn :1 O tan O O_ 7 QG QC V0 Cb n ti rj n rn < f10 to to 1 N F O r C) O d 0 a. 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C ct N_ w O N a O C w � N a 0 m rn O 0 z 0 m m x x w a RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONSOLIDATING ALL RESOLUTIONS RELATED TO FINES AND FEES OF THE RECREATION AND PARKS DEPARTMENT NN hereas, there exists %anous resolutions relating to fines and fees for Recreation and Parks Department sen ices to recos er partial costs of Recreation and Parks Department sen ices and %N hereas for the com enience of the public and the ease of administration it is in the best interest of the Cit% that these Fines and fees be consolidated into one resolution, and \1 hereas, the purpose of ,n;, resolution is to consolidate fees established by Resolution Number = 5SO and 3o 1 1 into this single resolution which may be amended from time to time by the Cii% Coun.i' and \1 hereas, the Recreation and Parks Department fines and fees do not exceed the reasonable cost of prop iding sen ice and N hereas, this resolution does not ad ust any fees and merely compiles all fees set forth in other resolutions NONN THEREFORE, THE CIT1 COUNCIL OF THE CITY OF EL SEGLNDO, CALIFORNIA, DOES RESOLD E AS FOLLOWS: Section I The schedule of fees referred hereto as Exhibit "A" and by reference made a part hereof is hereby appro%ed as the schedule of fees for various Recreation and Parks Department Sen ices °E'S RECREATION 4 A4RKS DEPARTMFNT 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; and shall make a record of proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted PASSED. APPROVED and ADOPTED this da-. of 2001. Mike Gordon, Mayor City of El Segundo APP OVER AS TO FOKNI. /,Klan. HTin Attornei -\TTEST ST4TE OF C4LIFOR_ \lA ) COL:\TY OF LOS ANGELES SS CITY OF EL SEGUNDO ) I Cind% %lonesen. Cm Clerk of the City of El Segundo, California, do hereby certify that the %hole number of members of the City Council of said City is five, that the foregoing Resolution \o %%as duh passed and adopted by said City Council, appro%ed and signed b% the \la\or of said CttN, and attested to by the City Clerk of said City all at a regular meeting of said Council held on the day of 2001, and the same «as so passed and adopted by the folloc%mg vote AYES \OES ABSENT ABSTAIN Cindy Monesen, City Clerk "- CL'JTION NO _ co: a- 'PEATION B PARKS OEPARTME':T - " '.O 2 RECREATION AND PARKS DEPARTMENT FEE SCHEDULE Recreation Identification Cards (Residents only) Children (17 vrs and under) 2.00 Senior Citizens (62 vrs and o%er) 2.00 Adults (IS — 61 vrs) ! 600 Plunge & Outdoor Pools (non - residents) 3.00 Racquetball Courts 9 00 per hour Paddle Tennis Courts I 4 00 per hour Picnic areas (Business Commercial) _ or less Picnic Area 50.00 BBQ Area 75.00 Fire Circle 150.00 '6 to .49 Picnic Area 7500 BBQ area 125.00 Fire Circle 200.00 ane more Picnic Area 10000 BBQ area 15000 Fire Circle 1 25000 Recreation Ciass Reaistrauon Surcharge 1000 One Da% use for `lotion Picture Radio and Television Productions* Recreation Park 1 10,000 0 0/day Gordon Clubhouse 2,00000 /day Jos] %n Center 1,00000 /day Stevenson Field 1.00000 /day Softball Field 1 1,00000 /day Tennis Courts 1.00000 /day Basketball Courts 1,00000 /day olle%ball 60000/ RECREATION AND PARKS DEPARTMENT FEE SCHEDULE Sun Room 51 00/ 4 hours Tn Room 62 00/ 4 hours Auditorium 119.00' 4 hours Kitchen Included in room fee *These facilities «ould onh be made a%ailable for private organizations When they are not scheduled for recreation use In addition to these fees and charges hereinabove established the permittee shall pad all costs and direct overhead to the City for supers ismg controlling, and managing permittee's operation This shall include, but not be limited to all personnel costs all matenal and supply costs, and all other direct costs and expenses of the City These costs and expenses shall be computed at the conclusion of the project and shall be deducted from the deposition hereinafter required ** \o charge for use b} organization of a recreational nature, as long as the activity is open to the public non - profit, and not in%ol%e special privileges. A minimum direct e,,pense charge a ill be required n hen used b% Civic and Service organizations, of a non- recreational nature and b% pm ate recreation parties, where such use does no involve fund- raisino RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONSOLIDATING ALL RESOLUTIONS RELATED TO FINES AND FEES OF THE FIRE DEPARTMENT R hereas, there exists %anous resolutions relating to fees for Fire Department sen ices to reco%er partial costs of Fire Department services, and NN hereas for the convenience of the public and the ease of administration it is in the best interest of the Cit% that these fees be consolidated into one resolution, and NN hereas, the purpose of this resolution is to consolidate fees established by Resoiution \umbers 38S 1 4001 1001' 4005 4053 4054, and 4100 into this single resolution � %hich ma} be amended from time to time by the Citv Council, and NN hereas, the Fire Department fees do not exceed the reasonable cost of nro%idim:senice and IN hereas, this resolution does not adjust any fees and merely compiles all fees set forth in other resolutions NONN THEREFORE, THE CITI COUNCIL OF THE CITY OF EL SEGLNDO, CALIFORNIA, DOES RESOLN E AS FOLLOWS: Section 1. The schedule of fees referred hereto as Exhibit "A" and by reference made a pan hereof, is hereby appro%ed as the schedule of fees for vanous Fire Department Sen ices QE;01-rTt01 tir) 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; and shall make a record of proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED this day of , 2001. Mike Gordon, Mayor City of El Segundo APPROVED AS TO FORM: � L Park Hensle.n AttoraN ATTEST STATE OF CALIFORNIA ) COt1T) OF LOS ANGELES 1 SS CITN OF EL SEGUNDO ) I Cind% Monesen, Cit} Clerl, of the Crn of El Segundo, California, do hereby certify that the %%hole 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, apprm ed and signed bN the Mayor of said City, and attested to by the City Clerk of said Cit% all at a regular meeting of said Council held on the day of 2001, and the same %%as so passed and adopted by the follow mg vote AYES \OES ABSENT ABSTAIN Cind} Monesen, City Clerk pFSOLUTION NO _FEES FIRE DEPART%IF \T Z c d cr m m IL 1 V I ` I d 1 C O I 1� O O Q a) O I I«O O O O O O O O O O O 0 O O C:) N O N 0 C14 O O = CD N t0 (O 10 LO „ O vO a vO + Z L^ IN » wlw N tf eO s� - w w R w N (O A <L'o < Y , d m n m d a _ I i I E m � O 1 I C Q= d O _ y m •- = C �, n n f: u o U �Id C's �'IO d V'ulU Uld o a 1. oOy�l' a A did m y N C C 0 0 ro l a co 1N 1� —I�� 0 cc l�—= Cl �°crnrna�com07eoa mN CCCCC��0 A d pai d'pl a�i.i.iC r y F T Q C I a, N d� 0 C,_ n n m� fa � R � t4 � W � b V �O x m Tn In q� �l_ e TIC y-� I �� C �•� i�lt —�l— O p. >�C1K �' O i0.' c � J Q J m m I��m 3 al m ? ° a, O m U ^ I ,0i m G= IM a 1� fa i s I ILL ,,a H E u Q 10 = a a u i t d cr m m IL G c Q W v J o� J I I _I II I i I I O O'O 1010 0 OOC 000 10100 N0N 000 O O C O 000 O O I 00000 I O 0 O O .00 0 010 O } L L 0 O g O cc O O 000 CO ^ O 0 iIn CD 0 'O O NW E9 N M$ O O O N 0 W W C N .-. r�r�i0 ray 1A fA Ib9169 rb9 "'�� I H H r H C7 H tD H H {q r , I E V 0 rQ a D Fr� a o'3 E d d d y y N O Q C1 y y N 0 0 0 W N UI 0 IU 7.,u1 U G -J U NI U L U j 0 C� d Eca LL?��"c 5m'�E °ammo ¢IE'BlmyE l �myE amoEyomEaEi; y c° °n u U is W o U 0° CD r CL m� E oly CDI01 ILI' Ia�E E 4 C d d O L d o) L W L m o) I c L o) d 0= L d g O o E 0. 0 L y 10 W 0 U u O' O�U[L.t O O U V OI�y ILL I�IOrU U O G U V `O O^ V U OE H 0 0 O pL E OI�N E �y ^NIE��� Iui121oI�N E o�N E a, •-N - °co 0 ¢� o, o o m I, QIIVCOIOI o o m oQ`m��d I z i•-� l z I WWE x M O 0 U xx Q o 39)E�E c 1 d a o u > iE IW ICI m I I I IU I r I I I N G l0 M z LL G W 6 C N a i 1II r T� -- � I it II � I 1 I II I � I ��I Ii I m�M ^i69i�i��iA ��69 'ID p tV � fA Ci69i �149169�!169 O69NiFp IOOO N C N C I d 6) CJ p O > O I V =ILL O LL N N O,NOIN OIN tii _IU 1691691!9 A N A m A ml @gym m O m C =© LL W W W W I I I 3 I _m V 4> W W N C 7 N IW I d, Y�LL� i_y IO U O IE G c E cI C, ialm a 3�� Iml E a E a °% la m IE',u (n 00 cm Id c'� CIE m c `m�o a �ia� � ��I a "' fUl o ,M a1 > 1C gj I �olt' � I lol ;zi {I V i I I I o ' II W 6 C N a L R d CD W CL I � I I L7 �Io Iu�[LnItn I�IN 141714'1 ltn ILLY IIl714i911n 4i In � U) 0 U7 ul Ili Lo Lo li ui In ltn lY7 Y7 O N Ln ^yJ O O O 010'0 O'O10 O O O p co p'0 OI O O 0 0 0 'O IIC JiC O IO O O O 0R1IR 0 iIS 0 0$ 000000 0 0 0 0 00000 0 0 0 0 O 0 O 0 CO 'R C SIO C C C 0 C C 0 C 0 ROH'RO 'OC R R 'R IOR''C R Q R R R R ccccccciccici�lcic; rtccacrt ;a��rtcc�cc�zz���rr�i�IC4zi�l� R R R R.WR RIR R R R I� I I CL- I I I ' I I I I I I I I I I � y 7 � I O A I ! I { R d CD W CL w G W I 1 I U ' I � I � � � E o,0;0�0 0 0 0 0l0 0 o I 0 olo�v�e' '0 0 0010 0�o d v c c Q c c c CICICIC 'C �i U L IJ C C Q 'Irz d N 1'O' Il9 I c N d O O Ql O > _ G G N IO cc _ C - = a s 0 U L IJ C C Q 0 G Hill� { U G � N N x N � LIJ 0 cl IZ ( y O u L U 0 mo TIP, a a 'Irz d N 1'O' I c N 0 G Hill� { U G � N N x N � LIJ 0 cl IZ ( y O u L U 0 mo TIP, a a RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONSOLIDATING ALL RESOLUTIONS RELATED TO FINES AND FEES OF THE POLICE DEPARTMENT «hereas, there exists N anous resolutions relating to fines and fees for Police Department ser%ices to recover partial costs of Police Department services, and NN hereas for the con% enience of the public and the ease of administration it is in the best interest of the Cite that these fines and fees be consolidated into one resolution, and N', hereas, the purpose of this resolution is to consolidate fees established by Resolution Number 3593. and 419t1 into this singie resolution which may be amended trom time to time b,, the Cit% Council and NN hereas, the Police Department fines and fees do not exceed the reasonable cost o, pro%idm-, service, and NN hereas, this resolution does not adjust any fees and merely compiles all fees set forth in other resolutions NOON THEREFORE, THE CITI COL NCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLD E AS FOLLOWS: Section 1. The schedule of fees, referred hereto as Exhibit "A" and by reference made a part hereof is hereby appro%ed as the schedule of fees for vanous Police Department Services The following are collected by the Finance Department FEE SCHEDULE POLICE DEPARTMENT: Arrest Reports 67.00 Traffic Collision Reports N/C Daily Reports N/C All other reports I N/C ehicle Releases 2000 teuina Fee 1000 Records Check — Local Cnmmal Htston onh 5 00 per name Ticket St_n -Off 400 Photographs 500 per copy Bic%cle Licenses \ew Rene%%al 400 200 Pam Calls 6900 er hour Concealed %l eapons Application Rene« a] 8600 2800 Cis tl Subpoenas 15 00 Cn it Subpoenas requinn_, officer a pearance 15000 The following are collected by the Finance Department Massage Establishment Permit Invesneanon 500.00 Massage Establishment Annual inspection 120.00 Massage Technician Application Examination Fee 150.00 5000 False alarms 100.00 for each alarm over 3 Alarm application —(one time fee) Residential 1 12800 Commercial 25900 Tart License 2400 D L I Collision 6900 per hour Tav � emcle Inspections 3500 Taxi Dmer Permits 46.00 Filmm_ Secunty 6900 per hour Police ehicle 500 per hour Auction House Permit Investieation 25600 Pa%% rishop and Junk Shop Permit 25600 Poolroom Imesuganon 25600 Fortune Telling Permit lnvestnganon 25600 Firearms Business License Investigation 25600 Bingo Games Investigation 25600 Parade Permit Invesneation 25600 Entertainment Permit 1 25600 Doe License Regular Spayed or neutered 4000 2000 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CONSOLIDATING ALL RESOLUTIONS RELATED TO FINES AND FEES OF THE PUBLIC WORKS DEPARTMENT NN hereas, there exists N anous resolutions relating to fines and fees for Public �k orks Department sen ices to recover partial costs of Public Works Department services, and V, hereas for the com emence of the public and the ease of administration it is in the nest interest of the CaN that these fines and fees be consolidated mto one resolution, and \\ hereas, the purpose of this resolution is to consolidate fees established by Resolution \umber 3574 357S 3954 4005 and 4004 into this single resolution which ma% be amended from time to time b� the City Council, and %\ hereas, the Public %k orls Department fines and fees do not exceed the reasonable cost ofpro%iding sen ice, and NN hereas, this resolution does not adiust any fees and merely compiles all fees set forth in other resolutions NOON THEREFORE, THE CITI COUNCIL OF THE CITY OF EL SEGL \DO, CNLIFOR.'SIa, DOES RESOLN E AS FOLLOWS: Section 1. The schedule of fees referred hereto as Exhibit "A" and by reference made a pan hereof, is hereby appro� ed as the schedule of fees for various Public Works Department Sen ices Nn _ ��BLIC kONkS i 1 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, and shall make a record ot`p:oceed.ngs of the iaty Council in the minutes of the meeting at winch the same is passed and adopted PASSED. APPROVED and ADOPTED this dat of , 2001. Mike Gordon, Mayor City of El Segundo 4PPRQVED AS TO FOR.] lark Hensl*'Zifj Otto nes 4TTEST STATE OF CALIFORNI4 ) COUNT) OF LOS ANGELES SS CITI OF EL SEGUNDO I Cind% ``lonesen Cit% Cler1, of the Ctn of El Segundo, California, do hereby certify that the «hole number of members of the City Council of said City is five, that the foreLomQ Resolution No %%as duh passed and adopted by said City Council, appro%ed and signed b% the Nlayor of said Cm. and attested to by the City Clerk of said City all at a regular meeting of said Council held on the day of 2001, and the same etas so passed and adopted b% the folloutng rote Al ES NOES ABSE \T ABSTAIN Cmd% %loriesen Citv Clerk FEE SCHEDULE - PUBLIC WORKS I R 3969 i S53 per unit to zone 4 I to 5123 per DU to zone 2 R 3969 S26 per unit to zone 4 R 3969 S 193 per ksf in zone 4 to i55,466 per ksf to zone 3 R 3969 S98 per ksf to zone -1 to I S2 76.3 per ksf in zone 3 R 39 ()9 S81 per ksf in zone 1 to S14 449 per ksf in zone 3 Hotel S40 per room in zone 4 to S l 123 per room in zone 3 Traffic `1ut2anon Fee Zone 1 Rate per P M Peak S87 Hour Generated Trip Zone 2 — West of Sepuheda Bhd - $121 - East of Se ukeda Bl%d 5115 Zone 3 - V. est of Sepulveda Bhd $1,478 - East of Sepulveda Blvd $1,406 1 Zone 4 $57 Set %er use Fee Single Famth Duplex 100 cubic Ft $0.37 metered water x Multi- D«ellmeunits 100 cubic Ft 5048 3 or more iiruts metered water x Industrial/ 1 100 cubic Ft. $0.66 Commercial I metered water x i I Other 100 cubic Ft $0.36 metered water x Measured Dischareer 1 100 % x S 1 055 East of Sepuh eda i Industrial 100 cubic Ft S045 Commercial Metered water x Measured Dtschareer 100 % x soil Commercial industrial CommerciabUdustr Single Family More than 15.000 sf ial with less than 10 Less that 15.000 sf units Single family with Multi -family with 10 or more units 6 or less units Multi family_ with more that 6 units i Per location S140 Per location $90 Per location S80 x 2 7 — %ehicle x 1.8 + vehicle + vehicle charges charges charges S245 5150 $80 S25 S15 $10 S25 525 S25 Inspection Permit - New Sewer $219 public right of way 30 day or less actual direct labor — plan checks l ndereround alert service fees Over size vehicle permit New On -site 5342 Industrial waste 'yew i Off -site 5323 Permit Revision Sewer $143 Revision On -site $206 Revision Off -site $195 New Sewer ass Cl 1 $331 Class 2 $414 Plan Review Class 3 $519 Class 4 $572 Class 5 5837 Class 6 $1074 NeH On -site I Class 1 5448 Class 2 S560 Class 3 S715 Class 4 5793 Class 5 S1168 Class 6 S1510 I Neu Off -site Class 1 S361 Class 2 5444 Class 3 5560 Class 4 1 5619 Class 5 5915 Class 6 51174 Re%tsion Seer Class 1 $258 Class 2 5317 Class 3 5400 Class 4 $444 Class 5 $644 Class 6 5825 On -Site Class 1 $348 Class 2 5431 Class 3 $548 Class 4 5607 Class 5 $902 Class 6 $1162 Off -Site Class 1 $258 Class 2 $317 Class 3 $400 Class 4 $444 Class 5 $644 Class 6 $825 Closure Inspection $114 Sit RemedtauorLHR $60 Off -Hours Inspection 498 Inspection Special $170 Additional Plan Re%tew HR S60 Wastmater Sampling $170 Industnal µaste ermtt Class 1 $114 Class 2 I 5227 Annual Inspection Fee Class 3 5340 Class 4 5453 Class 5 5681 Class 12 51359 Class X S170 1 BOND, REQUIREMENT FOR WORK rN THE PUBLIC RIGHT OF WAY I � EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Adoption of Ordinance on a proposed Development Agreement and General Plan Amendment to demolish a 12 -story office building and construct a new six -story, 120,610 square foot office budding, which exceeds the floor area ratio (FAR) In the Corporate Office (CO) Zone, at 888 North Sepulveda Boulevard (Environmental Assessment No. EA -535, Development Agreement No 00 -2, and General Plan No 00 -2 ) Property owner- W9 /SEP Real Estate Limited Partnership RECOMMENDED COUNCIL ACTION 1) Second reading and Adoption of Ordinance by title only, or, 2) Other possible action /direction BACKGROUND & DISCUSSION: On March 6, 2001, the City Council held a public hearing on the above referenced Item to consider adoption of a Development Agreement and General Plan Amendment to allow the replacement of a 140.000 square foot office with a new 120,610 square foot office, which would exceed the 0 8 FAR in the Corporate Office Zone. The City Council approved Resolution No 4205 for the environmental review of the project and voted to Introduce Ordinance No 1331 to approve the proposed project with a 1 086 FAR as requested by the applicant The attached Ordinance is presented for a Second Reading and Adoption. If adopted without change, the provisions will become effective in thirty days time ATTACHED SUPPORTING DOCUMENTS 1 City Council Ordinance No 1331 2 Revised Development Agreement FISCAL IMPACT Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation required: N/A ORIGINATED DATE '),I 1_ ) James M Hansen, Director of Community, Economic and Development Services REVIEWED By DATE: 7/ Mary Str , n, City Manager P \Planning & Building Safety\PROJECTS \526-550 \EA- 5351EA -535 as 2 doc r ORDINANCE NO. 1331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-2 AND APPROVING GENERAL PLAN AMENDMENT NO. 00-2, FOR CONSTRUCTION OF A NEW OFFICE BUILDING AT 888 NORTH SEPULVEDA BOULEVARD. PETITIONED BY: LEGACY PARTNERS. WHEREAS, a Development Agreement (DA No 00 -2) and General Plan Amendment (GPA No 00 -2) application have been received from Legacy Partners, which requests approval to demolish a vacant office building and construct a new office building at 888 North Sepulveda Boulevard in the - Corporate Office (CO) Zone, and, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the project would not cause any environmental impacts that cannot be mitigated to a level of insignificance Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between January 18 and February 7, 2001, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution 3805) and adopted Resolution No 2496 recommending approval of Mitigated Declaration of Environmental Impacts for the proposed project, and, WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of El Segundo on February 8 and 22, 2001, duly advertised public hearings were held on this matter in the Council Chamber of the City Hall, 350 Main Stree, and notices of the public hearings were given in the time, form and manne- prescribed by law and the Planning Commission adopted Resolution No 2497 recommending approval of the Development Agreement No, 00 -2, with modifications, and, WHEREAS, on March 6 2001, the City Council did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law, and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No 535 Development Agreement No 00 -2, and General Plan Amendment No 00 -2 and WHEREAS, at said hearing the following facts were established The proposed project is a ten -year Development Agreement (DA No. 00 -2) between the City of El Segundo and W9 /SEP Real Estate Limited Partnership for demolition of an existing vacant 12- story 140,000 square foot office building and construction of a new six -story 120,610 square foot office building In its place ORDINANCE NO APPROVING EA -535 and DA-60-2 2/26/01 PAGE NO I 2 An existing temporary airport park- and -nde business located in the parking structure at 892 North Sepulveda Boulevard would be permanently discontinued. The airport park- and -nde use was approved through Environmental Assessment No 356 and Administrative Use Permit (AUP) No 94-6 in 1994 The AUP allowed the airport park -and -nde use as an interim use of the 817 spaces in the parking structure while the Vivo office buildings at 888 and 898 North Sepulveda Boulevard were vacant The AUP requires that once these buildings become occupied, the airport park -and- nde operation would have to be discontinued, since the parking structure would once again be required to meet the parking requirements for the two office buildings 3 The size of the required loading spaces would be reduced from 13 feet in width by 50 feet in length to 13 feet in width by 30 feet in length 4 A General Plan Amendment is proposed to permit the proposed office building to establish a floor area ratio (FAR) for the project of 1 086 1, which is greater than the maximum 0 8 1 FAR permitted in the Corporate Office land use designation 5 The Planning Commission recommended reducing the maximum size of the proposed budding to a maximum of 88,862 net square feet, which would be the maximum allowed under the current 0 8 1 FAR in the Corporate Office land use designation NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented at the public hearings, and study of proposed Environmental Assessment No 535 and Development Agreement No 00 -2, and General Plan Amendment No 00 -2, the City Council makes the following findings approving Development Agreement No 00 -2 and denying General Plan Amendment No 00 -2 ENVIRONMENTAL ASSESSMENT On March 6. 2001, the City Council adopted Resolution No 4205, approving a Mitigated Negative Declaration of environmental impacts for the proposed project GENERAL PLAN AND ZONING CONSISTENCY Since the revised draft development agreement would reduce the size of the proposed office budding, the density of the proposed project would be consistent with intention of reducing FARs as contemplated by the current General Plan The Land Use Element of the General Plan, specifically, the Corporate Office Land Use designation sections set forth on pages 3 -7, is hereby amended to add the following sentence A maximum FAR of 1 086 is permitted for the property commonly referred to as 888 North Sepulveda boulevard (Assessor's Parcel Number 4138 -005 -055), pursuant to Development Agreement No 00 -02 (Ordinance 1331, GPA 00 -2, 3/20/01). DEVELOPMENT AGREEMENT The revised draft Development Agreement is consistent with the goals, policies, and objectives of the General Plan because the Development Agreement would provide public benefits (replacement of an obsolete building) in exchange for valuable development rights (ten -year entitlement) ORDINANCE NO APPROVING EA-535 and DA 972 2/26/01 PAGE NO 2 2 The project is in conformity with the public convenience, general welfare and good land use practice, because the Development Agreement proposes a project which would reduce the current FAR on the site and otherwise be consistent with the development standards in the Corporate Office Zone and would require the elimination of a temporary airport park- and -nde operation upon project occupancy 3 The project will not be detrimental to the health, safety and general welfare The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially injurious to properties or improvements in the vicinity NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves Development Agreement No 00 -2, with modifications, subject to the following conditions Prior to issuance of a building permit, the applicant shall submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the Department of Community, Economic and Development Services Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification Prior to the issuance of a building permit, the Development Agreement shall be recorded with the Los Angeles County Registrar /recorder Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services Mitigation Fee of $0 03 per gross square foot of building floor area for either renovation or reconstruction 4 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of building floor area for either renovation or reconstruction 5 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of building floor area for either renovation or reconstruction 6 Prior to approval of the building plans the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Police Department, dated January 29, 2001, which is on file in the Planning Division The security measures shall be installed prior to issuance of a Certificate of Occupancy or implemented prior to operation, as appropriate 7 Prior to approval of the building plans the applicant shall submit a Fire/Life Safety Plan to the Fire Chief which Includes, but is not limited to, the following A Fire protection systems including sprinklers, standpipes, and fire alarm systems, Fire lane signage and accessibility, ORDINANCE NO APPROVING EA -535 and DA 00 -2 2/26101 PAGE NO 3 C Fire mains and hydrants, and, D High rise fire systems for buildings in excess of 55 feet in height All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, prior to issuance of a Certificate of Occupancy 8 The applicant shall pay the City Attorney's fees and costs for preparing or reviewing any fire lane access easements, or any such easements or agreements required, A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief pnor to approval of the building plans Any new landscaped areas shall be provided with a permanent automatic watering or irrigation system and shall be permanently maintained in a neat and clean manner, The applicant, if feasible, shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a Certificate of Occupancy 10 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area, as well as to ensure that signs do not impede traffic or pedestrian safety The Master Sign Plan shall be subject to the approval of the Director of Community, Economic and Development Services and Police Chief and all signs shall be installed per the approved plan prior to issuance of a Certificate of Occupancy 11 During construction, the entire project site shall be enclosed by a six -foot high chain link fence Gates for site fencing shall not open over sidewalk/public nght -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Community, Economic and Development Services pnor to installation 12 All work within the City public right -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed in the public nght -of -way without first obtaining a Public Works permit 13 All work within the Sepulveda Boulevard Caltrans public right -of -way shall be in accordance with Caltrans standard specifications No work shall be performed in the Sepulveda Boulevard public right -of -way without first obtaining a Caltrans permit 14 Prior to approval of the building plans, plans shall indicate that all proposed utilities shall be placed underground to the satisfaction of the City Engineer The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants which are affected by the proposed project 15 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds fifty cubic yards Demolition and grading may be listed on one encroachment ORDINANCE NO _ APPROVING EA -535 and DA 00-2 2/26/01 PAGE NO 4 permit 16 Prior to approval of the budding plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director of Community, Economic and Development Services and the Police Chief Plans shall also Indicate that the trash area will Incorporate adequate space for the collection of recyclable materials. 17 If new sewer laterals are required and constructed In the public right -of -way, they shall be a minimum of six Inches Inside diameter Material shall be "vitreous clay pipe" Each lateral shall have a six -Inch clean -out brought to grade at the property line and securely capped A B9 size box shall be placed around the clean -out for protection. The box shall have a cover emblazoned with the word "sewer" If in a traffic area, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six -inch wyes may be reused if approved by the Director of Public Works 18 No material storage Is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours 19 Prior to Certificate of Occupancy, new curbs, sidewalk, driveway approaches, wheelchair ramps and A C pavement, Including alleys, shall be constructed /reconstructed as required by the Director of Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk 20 Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Community, Economic and Development Services will be notified immediately At the applicant's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Community, Economic and Development Services prior to the commencement of work 21 The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans 22 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i e over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust ORDINANCE NO APPROVING EA -575 and DA 00 -2 2/26101 PAGE NO 5 23 The applicant shall Indemnify, defend, protect, and hold harmless the City, Its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment No EA -535 and Development Agreement No 00 -2 SECTION 1. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof SECTION 2. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and, shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law PASSED, APPROVED AND ADOPTED this 20' day of March. 2001. Mike Gordon, Mayor ORDINANCE NO _ APPROVING EA -535 and DA 00 -2 2/26/01 PAGE NO 6 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 Ordinance No _ was duly introduced by said City Council at a regular meeting held on the 6th day of March, 2001, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 20'" day of March, 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen City Clerk APPROVED AS TO FORM �v(�l Mark D Hensley, City Attorney ORDINANCE NO APPROVING EA -535 and DA 00 -2 2/26/01 PAGE NO 7 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code §§ 6103, 27383 Recording Requested By and When Recorded Return to CITY CLERK CITY OF EL SEGUNDO 350 M.kf,N STREET EL SEGUNDO. CA 90245 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND W9 /SEP REAL ESTATE LIMITED PARTNERSHIP THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868 5 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this day of 2001, by and between the CITY OF EL SEGUNDO, a City in the State of California ( "City"), and W9 /SEP REAL ESTATE LUv=D PARTNERSHIP, a Delaware limited partnership (the "Developer ") In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows. 1 Recitals This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties A The City is authorized pursuant to Government Code Sections 65864 through 65869 5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process B The Developer is the owner of certain real property, located at the southeast comer of Sepulveda Boulevard and Walnut Avenue (the "Site "), commonly known as 888 N Sepulveda Boulevard 892 N Sepulveda Boulevard, and 898 N Sepulveda Boulevard (collectively the "Site ") Currenth, 898 N Sepulveda Boulevard is improved with an eight (8) - story, eighty -five thousand (85,000) square foot office building, wluch Developer recently caused to be remodeled and retrofitted 898 N Sepulveda Boulevard is hereinafter referred to as "Parcel 1" and is legally described on Exhibit "A -1" attached hereto Currently, 888 N Sepulveda Boulevard is improved with a twelve (12) -story, one hundred forty thousand (140.000) square foot office building, which has been vacant for approximately ten (10) years, contains asbestos and requires expensive retrofitting Located on 892 N Sepulveda Boulevard is a six (6) -story parking structure, pro,, iding required parking for the buildings located on Parcel I and Parcel 2 and for a separate airport parking business operated by a Developer known as "Airport 105 Parking " 888 N Sepulveda Boulevard and 892 N Sepulveda are collectively referred to and herein as "Parcel 2" and are legally described on Exhibit "A -2" attached hereto C The Parties desire to enter into this Agreement in conformance with the Government Code and the City of El Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement D The Developer proposes to demolish the existing twelve (12) -story office building, and construct a six (6) -story office building consisting of a maximum of one hundred twenty thousand six hundred and ten square feet with a Floor Area Ratio ( "FAR ") of 1 086 Parkine for the new six (6) -story building would be provided by the existing parking structure located on Parcel 2, with an additional seventeen (17) surface parking stalls (the "Development Project ") The Development Project is hereinafter sometimes referred to as the "Project" All parking required for Parcel 1 shall be provided on Parcel E The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement F The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project to accordance with the "Applicable Rules" (as hereinafter defined), as modified by tlus Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and restrictions unposed upon the development of the Property pursuant to the Project approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement G Developer has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement The Planning Commission and City Council of the City have given notice of intention to consider this Agreement and, have conducted public hearings thereon pursuant to the Government Code H This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of El Segundo and the surrounding region The City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region I This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and tinder State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development of the Project on the Site except as provided for herein J This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project, and generally serves the public interest within the City of El Segundo and the surrounding region K The City is entering into this Agreement in part because it anticipates that the Project, once completed, will replace an obsolete structure which has been vacant for aoprorimately ten (10) years with an attractive structure acting as a gateway and landmark for the northern portion of the City The development of the Project will eliminate an obsolete building in the City in the form of the currently vacant twelve (12) -story structure, and the remo), al of asbestos from the vacant twelve (12) -story structure Definitions In this Agreement, unless the context otherwise requires (a) "Applicable Rules" means (i) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth management, environmental consideration, and design criteria applicable to the Project as modified by Section 6(f) of this Agreement, and (u) the mitigation measures adopted by the City and the conditions imposed by this Agreement and the Project's Discretionary Approvals (b) "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize the imposition of revisions or conditions. by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval 1 (c) "Effective Date" shall be the date the applications for Discretionary Approvals were approved by City Council (d) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, development, density, permitted uses, growth management, environmental considerations, and design criteria applicable to the Project and Site The parties intend the development of the Project and the Site to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this Agreement (e) "Zoning Ordinance" is the Zoning Ordinance for the City of El Segundo contained in the El Segundo Municipal Code, as it exists on the Effective Date 3 Interest of Developer The Developer represents to the City that, as of the Effective Date, it owns the Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record S Bindmg Effect This Agreement, and all of the terms and conditions of this Agreement shall run with the land comprising the Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest Negation of Aeenci The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect Nothing contained herein or in any document executed in connection h^_rc%k ith shall be construed as making the Cim and Developer joint venturers, partners or emplover employee 6 Development of the Propem The following specific restrictions shall govern the use and der elopment of the Project as described herein and in Exhibit "B ", and without the need for anv additional Discretionary Actions (a) Permitted Uses of the Property Nothing set forth in this Agreement shall he deemed to require Developer to complete the Project, however, the City and the Developer agree that the permitted, conditional and permitted uses of the Property shall be as provided in the Applicable Rules, as modified by subsection (f) herein below, (b) Density and Intensity of Use The City and Developer agree that the maximum densities and intensities for the permitted use of the Project shall be as set forth in this Agreement and the Discretionary Approvals (c) Maximum Height and Size of Proposed Building The City and Developer agree that the maximum height and size of the building proposed for the Project shalt be as set forth in this Agreement (d) Development Standards All design and development standards applicable to the deg elopment of the Project shall be in accordance with the Applicable Rules, as modified b% subsection (f) herein below, the conditions of the Discretionary Approvals as adopted, amended or modified in the future by mutual consent. The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Applicable Rules, the conditions imposed by the Project's Discretionary Approvals, and this Agreement (e) Adherence to Building Code. All construction on the Property shall adhere to the California Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes ") (f) Exceptions to Development Standards. The Developer shall be permitted to design and construct the Project with the following exceptions to the current Zoning Ordinance Development Standards, as may reasonably be required to carry out the Project, including, without limitation, the following (i) In connection with Development Project, the existing "Administrative Use Permit" (EA No 356, and AUP No 94 -6), for Developer's currently existing "Park and Ride" business shall be permanently revoked and the use shall be discontinued upon the issuance of a Certificate of Occupancy for the first tenant improvement associated with the Development Project, excluding occupancy of a building management/leasing office which shall not trigger such revocation, (u) Two (2) loading spaces with a width of thirteen (13) feet and a depth of thirty (30) feet shall be required to serve Parcel 2 instead of the three (3) loading spaces with a width of thirteen (13) feet and depth of fifty (50) feet as required b) Section 20 54 060 of the City's Zoning Ordinance 7 Acknowledements. Au>_reements and Assurances on the Part of the Developer The parties acknowledge and agree that Developers faithful performance in developing the Project on the Site, pursuant to the terms of this Agreement and in constructing and installing public improvements, making payments and complying with the Applicable Rules will fulfill substantial public needs The City acknowledges and agrees that there is good and valuable consideration to the City resulting from Developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement Inconsideration of the foregoing and the City's assurances set out in Section 8 below, Developer makes the covenants set forth in this Agreement 8 Acknowledements Aereements and Assurances on the Part of the City In order to effectuate the provisions of this Agreement, and in consideration for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules, as modified by this Agreement Therefore, the City hereby agrees and acknowledges that (a) Entitlement to Develoy. The Developer is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules. as modified by this Agreement, and, should the City make the findings set forth below in this subparagraph (a), any "Subsequent Applicable Rules ". Any change in the Applicable Rules, including, without limitation, any change in the General Plan, any applicable Specific Plan, Zoning Ordinance, growth management regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site Subsequent Applicable Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines that the failure of the City to apply Subsequent Applicable Rules will place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other similar developments in the City Subsequent Applicable Rules with regard to increases in existing permit fees imposed by the City (i e , fees intended to cover the City's processing costs) and not otherwise restncted b,, the terms of this Agreement, may, notwithstanding the above, be imposed on Developer In the event that a state or federal laµ or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Aereement, such provisions of the Agreement shall be modified or suspended as maybe necessary to comply with such state or federal law or regulation (b) Subsequent Discretionary fictions With respect to any Discretionary Action or Discretionary Approval that is or may be required subsequent to the execution of this Agreement the City agrees that it µill not unreasonably withhold from Developer or unreasonably condition or deta% any such Discretionary Action or Discretionary Approval which must he issued b,, the City in order for the development of the Project Site to proceed unless the City determines that (1) the failure to impose such condition would place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) such condition is applied consistently and evenly to all other similar developments in the City Moreover, in the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laµ or regulation 9 Vesting of Development Rights In Pardee Construction Co v City of Camarillo, 37 Cal 3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, except as otherwise specifically set forth herein, to develop the Property in such order and at such rate and times as De,, eloper deems appropriate within the exercise of its subjective business judgment subject to the term of this Agreement In furtherance of the City's and Developer's intent, as set forth in this Section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Site However, nothing in thus section shall be construed to limit City's right to enforce Developer's obligation pursuant to this Agreement to provide all infrastructure required by the Project Approvals and this Agreement 10 Benefits to the City The City will benefit from the elimination of the existing obsolete building as a result of the demolition of the existing, vacant twelve (12) -story building located on the Site, the abatement of asbestos located in such vacant building, and the development of a new, image enhancing development project within the northern portion of the City The City will benefit from increased sales taxes derived from retail sales to occupants of the Project Further, the Developer agrees to contribute to the City the stem of One- Hundred Fifty Thousand Dollars ($150,000) for the cost of landscaping, median, visual, and other improvements to Sepulveda Boulevard in the vicinity of the Site The City shall, at its sole discretion determine wluch improvements the Developer's contribution shall be used for The payment shall be made prior to the City's issuance of a Certificate of Occupancy for the first tenant improvement associated with the Development Project, excluding a building/management and leasing office which shall not trigger the contribution obligation Any such work shall be performed by the City i 1 Cooperation and imnlementation The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement Developer shall, in a timely manner, provide the City a ith all documents, plans, and other information necessary for the City to carry out its obligations under this agreement 12 Review of Comoliance (a) Periodic Review The City Manager of the City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the El Segundo Mu ucipal Code in order to ascertain compliance by the Developer with the terms of this Agreement. (b) Special Review The City Council of the City may order a special review of compliance with this Agreement at anytime but not to exceed twice per year The Director of Planning and Building Safety or the City Council, as determined by the City Council, shall conduct such special reviews (c) Procedur e During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the tetras of this Agreement The burden of proof on this issue shall be on the Developer. The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code F 65865 1 Default Provisions (a) Default Either party to this Agreement shall be deemed to have breached this Agreement if it materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from the non - breaching party to the breaching party, which period of time shall not be less than ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice is deemed received, provided if the breachng party cannot reasonably cure a non - monetary breach within the time set forth in the nonce, then the breaching parry shall not be in default if it commences to cure the breach within such time limit and diligently effects such cure thereafter If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Developer of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code Sections 65867 and 65868 At the tune and place set forth in the hearing on termination, the Developer shall be given an opportunity to be heard If the City Council finds based upon the evidence that the Developer is in breach of the Agreement, the Council may modify or terminate this Agreement (b) Content of Notice of Violation Every notice of violation shall state with specificity that it is given pursuant to this Section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured The notice shall be deemed eiven on the date that it is personally delivered or on the date that is three (3) business days after it is deposited in the United States mail, in accordance with Section 21 hereof (c) Remedies for Breach The Parties agree that remedies for breach of the Agreement shall be limited to the remedies expressly set forth to this subsection The remedies for breach of the Agreement b,, Citv or Developer shall be limited to injunctive relief and/or specific performance except in the event of a monetary default by Developer the City shall be entitled to seek anv remedy a%ailable to it at law or to equity 14 Mortgagee Protection At the same time that City gives notice to the Developer of a breach City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Site in which Developer has a legal interest ( "Financier'), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this Section 14 The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3`d) day after deposit Each Financier that has given prior notice to City pursuant to this Section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within sixty (60) days after the receipt of the notice from City If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within sixty (60) days after receipt of the notice for City and thereafter diligently prosecutes the same to completion City shall not commence leeai action against Developer b} reason of Developers breach without allowing the Financier to cure the same as specified herein Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Site, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise 15 Estormel Certificate At any time and fom time to time, Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such party certify in writing that, to the knowledge of the certified party (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting party is not in breach of this Agreement, or if in breach, a description of each such breach The party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Site in which that Developer has a legal interest 16 Modification Amendment or Cancellation Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest to accordance with the provisions of the El Segundo Code and Section 65868 of the Government Code 17 Term of Agreement This Agreement shall become operative and commence upon the Effective Date and shall remain to effect for a term of ten (10) years, unless said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect, provided, such termination shall not automatically affect any right of the City or Developer arising from City approvals on the Project prior to the expiration of the term or arising from the duties of the parties as prescribed in this Agreement 18 Administration of Agreement and Resolution of Disputes All decisions by the Citv staff concerning the interpretation and, administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094 5 so long as such action is filed in a court of competent jurisdiction not later than ninety (90) days following the date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6 19 Notices All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon the third (3rd) day after deposit to the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below if to City City of El Segundo 350 Main Street El Segundo, California 90245 Aim Director of Community, Economic and Development Services With a copy to Burke, Williams & Sorensen 611 West Sixth Street, 25th Floor Los Angeles, California 90017 Attn• Mark Hensley If to Developer Legacy Partners Commercial, Inc. 30 Executive Park, Suite 100 Irvine, California 92614 -6741 Attention Mr Michael Moms With a copy to Allen Matkms Leek Gamble & Mallory LLP 1900 Main Street, 5th Floor Irvine, California 92614 -7321 Attention R Michael Joyce, Esq Any party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above 20 Severabilitv and Termination If any provision of tlus Agreement is determined h� a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement Time of Essence Time is of the essence for each provision of this Agreement of which time is an element 2- Force Mateure In the event of changed conditions, changes in local, state or federal law s or regulations, floods, delays due to strikes, inability to obtain materials, civil commotion fire acts of God, or other circumstances which substantially interfere with carrying nut the Project, as approved by the Qt}, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieie the goals and preserve the original intent of this Agreement Waiver No waiver of any provision of this Agreement shall constitute a waiver of am other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same proN ision No waiver shall be binding, unless it is executed in �k riting b� a duly authorized representative of the party against whom enforcement of the waiver is soucht 24 Entire Agreement This Agreement contains the entire agreement between the Patties regarding the subject matter hereof, and all prior agreements or understandings, oral or µritten, are hereby merged herein This Agreement shall not be amended, except as expressly prm ided herein f Relationship of the Parties Each party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any o f the other Party in an} respect Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any land or nature between City and Developer,. jointly or severally 26 Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provisions of this Agreement shall prevail over the Project Approvals 27 Constructive Notice and Acceptance. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired such right, title or interest in the Project Site 29 No Third Partv Beneficiaries This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns No other person shall have any right of action based upon any provision of this Agreement. 29 Attomev's Fees In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of. this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and anyludgment, order or decree rendered in such action, suit or proceeding shall include an award thereof Attorneys' fees under this section shall include attomevs' fees on any appeal and any post - judgment proceedings to collect or enforce the judgment This provision is separate and several and shall survive the merger of this Agreement into anv Judgment on this Agreement 30 Incorporation of Exhibits The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference- Exhibit A -I Legal Description of Parcel 1 Exhibit A -2 Legal Description of Parcel Exhibit B Description of the Projects Exhibit C Form of Assignment and Assumption 31 Entire Agreement. Conflicts This Agreement represents the entire agreement of the parties Should any or all of the provisions of this Agreement be found to be in conflict with any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this Agreement shall prevail 32 Release Upon Transfer Upon the sale or transfer of the Developer's interest in any portion of the Property, except as otherwise provided herein, Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer and the City's sole remedy shall be against the assignee or its successor or assign, provided that (i) Developer is not in breach of this Agreement at the time of the sale or transfer and (n) prior to the sale or transfer, Developer delivers to City a written assignment and assumption agreement in the form attached hereto as Exhibit "C ". duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer 33 Hold Harmless The Developer hereby agrees to and shall defend, protect, save and hold the City and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, Judgments and/or liabilities for any damages ansing out of, or resulting from, the City's approval of this Agreement or either party's performance pursuant to this Agreement, provided, however, that the Developer shall not be required to indemnify the City from its negligence or willful misconduct, and further provided that the Developer may elect to legally challenge the City's implementation or interpretation of this Agreement 34 Joint Preparation This Agreement shall be deemed to have been prepared Jointly and equall% b% the Parties, and it shall not be construed against any party on the ground that the Pam, prepared the Agreement or caused it to be prepared 35 Governing Law and Venue This Agreement is made, entered into, and executed in the Countv of Los Angeles, California, and the laws of the State of California shall govern its interpretation and enforcement Any action, suitor proceeding related to, or arising from, this - %,reement shall be filed to the appropriate court having jurisdiction in the County of Los \nceles 36 Counterparts This Agreement may be executed in multiple counterparts, each of w hich shall be deemed an original, but all of which shall constitute one and the same instrument Lti 'WITNESS WHEREOF, the Parties have each executed this Agreement of the date ;rst antten above CiTY OF EL SEGUNDO U Mike Gordon, Mayor ATTEST Cindy Mortesen, City Clerk Approved as to form Mark D Hensley, City Attorney W9 /SEP REAL ESTATE LIMITED PARTNERSHIP, a Delaware lunrted partnership By W9 /SEP Gen -Par Inc, a Delaware corporation, General Partner By— Name Its Vice President EXHIBITS Exhibit A -1 - Legal Description of Parcel 1 Exhibit A -2 — Legal Descnption of Parcel 2 Exhibit B - Descrimion of Proiect Exhibit C - Assignment and Assumption STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES On , 2001, before me, the undersigned, a Notary Public in and for said state, personally appeared and known to me to the persons who executed the within instrument as Mayor and City Clerk, respectively, of the CITY OF EL SEGUNDO, the public agency therein named, and acknowledged to me that such Commission executed the within instrument pursuant to its bylaws or a resolution of its members WITNESS my hand and official seal STATE OF C ALIFORNIA ss COLNTY OF LOS ANGELES Name (typed or printed) On 2001 before me, the undersigned, a Notary Public in and for said State personalk appeared known to me to be the President of and known to me to be the Secretary of the corporation that executed the µ [thin instrument, known to me to be the persons µho executed the within instrument on behalf of the Corporation therein named, and acknoµ ledeed to me that such Corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors WIT'L'ESS my hand and official seal WNa" IT" Legal Description of Parcel 1 (898 North Sepulveda Boulevard) Parcel 1 of Parcel Map No 11008, in the City of El Segundo, County of Los Angeles, State of Califorrua, as shown on the Map filed in Book 123, Page 1 of Parcel Map in the Office of the County Recorder of said County �, I EXEMIT A -2 Legal Description of Parcel 2 (888 North Sepulveda Boulevard and 892 North Sepulveda Boulevard) Parcel 2 of Parcel Map No 11008, in the City of El Segundo, County of Los Angeles, State of California, as shown on the Map filed in Book 123, Page I of Parcel Maps, in the Office of the County Recorder of said County EXHIBIT "B" Description of Project The Project consists of the demolition of the existing 12 -story office building, and the development of a 6 -story office building consisting of a maximum of 88,862 net square feet, with parking provided by the existing parking structure located on Parcel 2, with an additional 17 surface parking stalls The existing "Park and Ride" business would be permanently revoked and the use would be discontinued upon the issuance of a Certificate of Occupancy for the first tenant improvement associated with the Project, provided that the occupancy of a building management/leasing office shall not trigger such revocation EXHIBIT "C" ASSIGNMENT AND ASSUMPTION This Assignment and Assumption is entered into as of this _ day of , 2001, by and between W9 /SEP Real Estate Limited Partnership ( "Assignor ") and ( "Assignee ") with respect to the following facts RECITALS. A Assignor is the "Developer" with respect to that certain Development Agreement dated , (the "Development Agreement ") by and between Assignor and the City of El Segundo, a cit% in the State of California ( "Cit-,") B The Development Agreement pertains to that certain real property located in the City consisting of 888, 892 and 898 \orth Sepulveda Boulevard (collectively, the "Site ") C By this Assigrment and Assumption, Assignor desires to assign all its right, title and interest in and to the Development Agreement to Assignee and Assignee desires to assume all of Developer's interest and obligations with respect to the Development Agreement NOW, THEREFORE for eood and other valuable consideration, the receipt and sufficiency of iyhich is hereby ackno" ledred Assignor and Assignee hereby agree as follows 1 Assignment of Development Agreement Assignor hereby grants, assigns, transfers conveys and delivers to Assignee all of its right, title and interest in and to the Development Agreement and Assignee hereby accepts such assignment 2 As -Is, Non - Recourse Assignee hereby acknowledges and represents that Assignee has had a full and complete opportunity to evaluate the Development Agreement and the Site Assignee acknowledges and represents that Assignee accepts the assignment of Assignor's interest in the Development Agreement on an "AS IS" basis, without any recourse to Assignor, and without any representation or warranty of any kind with respect to the terms and conditions of the Development Agreement andlor the obligations of "Developer" under the Development Agreement 3 Assumption of Obligations By acceptance of this Assignment, Assignee hereby assumes and agrees to perform and to be bound by all the terms, conditions, covenants and obligations imposed upon or assumed by Assignor under the Development Agreement 4 Miscellaneous (a) Notices All notices or other communications provided for or permitted hereunder shall be made in «ntmg by hand - delivery, or pre -paid first -class mail If to Assignor W9 /SEP Real Estate Limited Partnership If to Assignee ALL SUCH NOTICES AND COMMUNICATIONS SHALL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN DELIVERED BY HAND, IF PERSONALLY DELIVERED, AND TWO BUSINESS DAYS AFTER BEING DEPOSITED IN THE MAIL, POSTAGE PRE -PAID, IF MAILED AS AFORESAID ANY PARTY MAY FROM TIME TO TIME, BY WRITTEN NOTICE TO THE OTHER, DESIGNATE A DIFFERENT ADDRESS WHICH SHALL BE SUBSTITUTED FOR THAT SPECIFIED ABOVE (b) Captions and Headings The captions and headings in this Assignment for convenience of reference only and shall not limit or otherwise affect the meaning hereof (c) Time of Essence Except as otherwise provided herein, time is of the essence with respect to all provisions of this Assignment in which a definite time for performance is specified, provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefit of any grace period provided for in this Assignment (d) Interpretation and Governing Law This Assignment shall be governed by and construed in accordance w ith the internal laws of the State of Califorma applicable to aereements made and to be performed within the state The provisions of this Assignment shall be interpreted in a reasonable manner to effect the purpose of the parties and this Assignment 4ccordinely, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Assignment against the party that has drafted it is not applicable and is waived (e) Waiver of Jur} Trial The parties hereby waive their respective right to trial by Jury of any cause of action, claim, counterclaim or cross - complaint in any action, proceeding or hearing brought by a party hereto or its successors and assigns on any matter whatsoever ansing out of, or in any way connected with, this Assignment, the relationship of the parties hereto, or the enforcement of any remedy under any law, statute, or regulation, emereency or otherwise, now or hereafter in effect (f) Severability in the event that anyone or more of the provisions contained herein, or the application thereof in any circumstances, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired or affected, it being intended that all other rights and privileges shall be enforceable to the fullest extent permitted by law (g) Anomeys' Fees in any action or proceeding brought to enforce or interpret any provision of this Assignment, or where any provision hereof is validly asserted as a defense, the prevailing party shall be entitled to recover actual attorneys' fees and all other litigation costs including without limitation costs awardable pursuant to California Code of Civil ;IT'C" Procedure Section 1033 5 and amounts payable to expert witnesses ( "Costs ") in addition to any other available remedy In addition to the fees and Costs recoverable under the preceding sentence, the parties agree that the prevailing party shall be entitled to recover actual attorneys' fees and Costs incurred in connection with the enforcement of ajudgment arising from such action or proceeding (h) Entire Agreement This Assignment is intended by the parties as a final expression of their agreement and is intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein This Assignment supersedes any and all prior restrictions, promises, representations, warranties, agreements, understandings and undertakings between the parties with respect to such subject matter and there are no restrictions, promises, representations, warranties, agreements, understandings or undertakings with respect to such subject matter other than those set forth or referred to herein (1) Waiver No Bela} on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of anv parry hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder. nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder 0) Amendments Neither this Assignment nor any term hereof maybe changed waived, discharged or terminated orally or in writing, except that any term of this Assignment may be amended b% a wasting signed by the parties, and the observance of any such term may be waived (either generalh or in a particular instance and either retroactively or prospectively) b} a writing signed b} the party against whom such waiver is to be asserted (k) Successors and 4ssigns This Assignment shall inure to the benefit of and be binding upon the successors and permitted assigns of each of the parties (1) No Third Party Beneficiaries Nothing expressed or mentioned in this Assignment is intended or shall be construed to give any person, other than the parties hereto and their respective successors and assigns, any legal or equitable right, remedy or claim under or in respect of this Assignment or any provisions herein contained, this Assignment and any conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and their respective successors and assigns, and for the benefit of no other person (m) Counterparts This Assignment maybe executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement 5 Facsimile This Assignment may be executed by a party's signature transmitted by facsimile ( "fax "), and copies of this Assignment executed and delivered by means of faxed signatures shall have the same force and effect as copies hereof executed and delivered with original signatures All parties hereto may rely upon faxed signatures as if such signatures were originals Any party executing and delivering this Assignment by fax shall promptly thereafter dehver a counterpart signature page of this Assignment containing said party's original signature All parties hereto agree that a faxed signature page may be introduced into evidence in any proceeding ansing out of or related to this Assignment as if it were an original signature page "ASSIGNOR" W9 /SEP Real Estate Limited Partnership By W9 /SEP Gen -Par Inc, a Delaware corporation, General Partner i "ASSIGN-EE" Name Its EL SEGUNDO CITY COUNCIL MEETING DATE- March 20, 2001 AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Award contract to Transportable Treatment Services, Inc , for the lining of sanitary sewer access structures at various locations — Approved Capital Improvement Protect No PW 00 -18 (contract amount = $42,460 00) RECOMMENDED COUNCIL ACTION 1 Award contract to the lowest responsible bidder, Transportable Treatment Services, Inc , in the amount of $42,460 00 2 Authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney BACKGROUND AND DISCUSSION On January 16, 2001, the City Council adopted plans and specifications for the lining of sanitary sewer access structures and authorized staff to advertise the protect for receipt of construction bids Based on the bid opening on March 6, 2001, staff recommends award of contract to the low bidder, Transportable Services, Inc , in the amount of $42,460.00 ATTACHED SUPPORTING DOCUMENTS 1 Bid results 2 Map of area FISCAL IMPACT Capital Improvement Project $60,00000 Operating Budget Amount Requested $42,46000 Account Number 301 -400- 8204 -8393 Project Phase Award of Contract Appropriation Required No i to ttr �r _ Date Andres Santz REVIEWED BY Date* MAR 13 tow — Psdav 3/13 01 1 00 P' 11 101 BID RESULTS Transportable Treatment Systems $42,46000 Sancon Engineering $45,93400 Inland Concrete Enterprise $54,04000 —J 01 4 h,PSOa, 3113101 1 00 PM uMfloo 67130KY Sol l�Y 711YCMLAVR do "f* y Devoe ■Y[ a a i r r ew1/ �]Yei Yl • r Y 0 r r is w• w r ! ! ! is 0 a'al11. no r w y` IttI II II � III III � e z401111 MIlx.. V I a• h Vol J h Yr � � care. _ � • ° - t r i I M_ J � '1MOeYN]Y 2 j � •1 O i V H • ♦ ` 0Y 3w0 S s i 1! Sc aal YSam . MASWO Z Iley N wN >AY = S (3 u L[lwY.l •wt e ci1WYt oiMV = s + a < c lYOY• CUM . ru _ o � i !el [1 - i N].w ft ANN 29.1. ��iiyy.• A It Yal"ll M el] c �^ Q to AN ° ifl li t•NO r � tWn Y41][WY 1- (7�(�IIIRRR''''''!!!^ ac •uYOn "•a i ew. u • � � (�I I It9.11l I L a U Neva i 'M w>N U Yll.]1 Y M wrMt W w aulws.e :� W lc e.•NYIM W � �� yr aarnml Q iRR — If •YrY• n V - -w N O � � ❑ Y I� LJt�:I �LJ OaRE + ss Naw.aur ter: ` 70 sYw 1. Ff�•r° Alm 1s eroa.a O4 � � 3.I i I ac rnuw• JI .c acaY],tY � ` W tar �cawa LL N — Y S ►NEE � W CL ° °f i Q _ O z < u t M- _ 1 O t Y V 9 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 20, 2001 AGENDA DESCRIPTION: Examination plans for the Personnel Merit System the fob classifications of Assistant Planner and Park Maintenance Worker 1111 RECOMMENDED COUNCIL ACTION- Approve the Examination Plans INTRODUCTION AND BACKGROUND Chapter 2 28 080 of the Ef Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights foreach portion of the examination for Personnel Merit System lob classifications DISCUSSION -REFER TO ATTACHMENT - ATTACHED SUPPORTING DOCUMENTS FISCAL IMPACT (Check one) Operating Budget Capital Improv Budget - Amount Requested Project/Account Budget Project/Account Balance Date: Account Number Project Phase, Appropriation Required - Yes_ No ORIGINATED Date: March 8, 2001 4114011 ACTION age... 366 DISCUSSION The Human Resources Department has initiated the recruitment, tesbng and selection processes for the lob classifications of Community Cable Program Manager, Chime Scene Investigator 1 /II, Fire Engineer, Senior Administrative Specialist and Special Events Coordinator and has posted the notices of the examinations in accordance with the City's Municipal Code and the City's Personnel Rules and Regulations It is recommended that the City Council approve the examination plans that contain the following examination techniques and weights for each portion of the examinations Assistant Planner (Open - Competitive) Career Preparation Interview & Structured Technical Interview Weighted 100% Park Maintenance Worker 1 /11 (Open - Competitive) Written Examination Pass /Fail Career Preaarat on interview & Structurec Technical Interview Weighted 100% EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 20, 2001 AGENDA HEADING: Consent Request for the City Council to reallocate $150,851 previously approved communications center resources to fund equipment and services provided by the West Covina Service Group (WCSG) RECOMMENDED COUNCIL ACTION: Reallocate $150,851 to the Communications Center for ec INTRODUCTION AND BACKGROUND• Dment and services On February 3, 1998, the City Council approved the design, construction and operation of a Public Safety Communications Center As part of this overall project, funding was approved and earmarked for Computer Aided Dispatching software (CAD) and a Mobile Data Computer (MDC) system in the amounts of $17,500 and $208,500 respectively Further, the Police Department applied for, and was awarded a Federal Grant in the amount of $90,000 to assist in the funding of the MDC system To date, the Communications Center has been completed and is successfully operating in providing emergency dispatch services to the Cities of El Segundo and Hermosa Beach DISCUSSION In October 2000 following the operational status of the Communications Center, the City received two invoices from the W CSG itemizing the MDC system, the CAD software Also itemized were several other annual expenses including all ongoing maintenance fees The total amount invoiced was $211,957 Payment of these invoices was delayed as several different budget accounts were necessary to fund the individual line items documented on the invokes Asa result, budget accounts were not identified for the CAD software and /or MDC system and payment for these line items was not been made The invoiced costs for CAD software and the MDC system are 516,000 and $134,851 respectively On January 29, 2001, the project account for the Communications Center was formally closed and a surplus of S608 484 was transferred back to the original funding source, the Emergency Reserve Fund It is requested that 5150,851 be reallocated to the Communications Center project to fund the CAD software and MDC system as these originally budgeted items have not been paid and their accounts were closed in error It should be noted that $90 000 will be forwarded back to the ERF as surplus upon receipt of the Federal Grant monies ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT (Check one) Operating Budget _ Capital Improv. Budget: Amount Requested. $150,851 Project/Account Budget Project/Account Balance $608,484 Date Account Number Emergency Reserve Fund 401 Project Phase Appropriation Required - Yes X No ORIGINATED Date: March 12, 2001 Man ACTION TAKEN Police Date: ;/� /0 9 EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Pyrospectaculars Contract RECOMMENDED COUNCIL ACTION Approve contract BACKGROUND & DISCUSSION The Recreation and Parks Department has contracted Pyrospectaculars for approximately nine years as the city's 4N of July fireworks display contractors Pyrospectaculars has always been very accommodating working within the confines for Recreation Park and have met the requirements necessary with the Fire Department in regards to safety This year s budget of $14,000 is the same as last year Pyrospectaculars contract has been reviewed and approved by the City Attorney's office and is on file in the City Clerk's office ATTACHED SUPPORTING DOCUMENTS Pyrospectaculars contract FISCAL IMPACT Operating Budget S18000 Amount Requested S14000 Account Number 108- 400 -5207 -6481 Protect Phase 06Aropnation Required No of Recreation and Parks ACTION TAKEN I \\J 2001032904th pyRO SPECTACULARS, INC. Display Agreement da• of ._ ?Ooh, b% and bettteen P1'R0 SPECTACLEARS i�C a 1; THIS AGREE%IE�T entered Into this-- herematter reteaed to as "PURCHASER Pk RO and Calttomia corporal' I herematterCiri of £IaSeaun� litessorks display d accS Ica and mad- oar he+cot Including the senses of a licensed psrotechm, operator to take Pl "RO agrees to furnish PL RCN ASER m acco +da °lt tt till tl7e terms and conditions herematter set torth as per Pro'_ram ,I, submine P la. « th Suftic+ent helper, ,at' m,_ nar_e the dup trot or and alon JUh 4 X001 at ertormeJ Jl o Tilt said display +s sceteduled [o be p a PC RCH ASEP a, `[' 0%, e`pense a @ices to plo de to Pl RO orks d „play mcludin ^__ a finng and fallout uate zone policing acceptable to ^ :� en ;h: access of the public or Its propem or a” other people or property a suuanlz �hPL�l SITE +n µhieh to str_c M. l P1 RO m sshrh the uressorks and ureµork debn, ma ba z�lunued rise and fall safeh Bl 4deq „p,; = t,n_,,t_ mid or nine, eroud control measure, + . A B C and or D set forth abos e Pl RO shall has e no lucal statutes orduunces or Tile aeons D) Access bs PYRO at all times to the DISPLAI SiTE to set a rho to j o p} ROduuo the DISPL Al SfTF C+ The Bert ices and cost of standby firemen andtar ant apphcabte permit let's „rcqu,red bs state a ,,, „7uucmeaxs displa, l; Pl RC H USER till, a, lull .o nr ,, JL(l I,i, entire contract PT plus am additional expenses Incurred area for me o „_auo 'n D „IOrr, anJ PL uCH VSLi: a:+re• +„ ti'a ` ,w-al_ of ,a'd .a + +u,: 1 ,' ns sole disae +.u' P i R, 1+ �I,cR oc,�[e,telsihe PURCHASER shall E) Ensureothat the Spectator Area mbers of the public area ro� sen,.uu p Spectator Area and anysnucrures �,oz -taro �, == ' ar V n ensuring that the terrain of the Sp onsibthty for ensunn__ o l., __ o t_ t1 , = +a tea F I Ha, : , ' - ' _ _ ,ate for use bt spectators G) have sole resp r� not onuted to crmrdsvi” a "� "' t„ ^olre monitor and appropnately control spectator access to the a e H, Ha, - „ i-. ^ "'. person in these areas his y i_ Pit 1, +._ >rea „ sa; _ to -_ .atels control the behastor ofpe ,,, ,,,_ P- , n- � =1 ar'd p"' -- � � � - _' +not inspect Qohce monitor or othenstse supers Ise am area of �nc,;ta[or s ectl In, Areas are outside the Display Area and 1) r from the program - fI,,�_ ar_a e, -_r - a t. hsa fue..ork debris onemann� 1 , - _ , r ,:,a ua u•. It _ +' ._ ------ Dullats FOL RTFF� THOtSa�D— '--- �— ���p_ must be paid bt - _ +, Pl Ru rir roximated at S ,- _sex. ----- 14 tl�_ till Ill' depu.n of S pf___Y 11--� -0f� lid the J`partnalter the dale set for the display A finance eh e ce at a d oil tilt - „ n rate permmed b} 1aµ whichever is less tt ill be chanted on the t+ a, to recelse and an °�'''- --,a \SER by wuntng this agreement authorizes Pl RO iron, the da'c a' the a+,c'.a. Pi {�` tenon or entire a, .� ut,o,r,a'mn con.ernnr_ PL R.: » ti FR revert the display from -roues beyond Pl RO s control, which may prevent t RCH a�CR a;lc' -, to assume thz risk o' "'ai;,sl an.ellarlon of an. event for which PURCHASER has p ou me scheduled date s „ ^,ts as must be placed and exposed a necessary time before titre �.: n a a; lest o• dama;e su_ r, "i + „' t Pl RO s sole d,scunu, ie d = + ='m , "'' -then or not the display may be safely d inclement a the scheduled purchased the display be .. a lu ,ch_d„lcd time If for am reason nesond P} RO ,uatrol rncludmg, without limitation, Inclement weather di RO is a+el. du:hargt the displa` on the schedule) dale o ,t ++Id am went for wh,eh PURCHASER has p dolt+., shall he dish td negotiate a reel` dupe °y'- "h+ch shall be µ Ithm 60 days of the original display date d .o I+ou+!y' -' ; amxes trom PL RCHASER as if PURCHASER had cancelled the ; ++;rte+ a_ l ati to pas Pl RO tot an. add+w++ra s ^ - +t,es made necessary by this postponement If they are urea a t a ,•_„ d+,ol,t date P) RO shall br . de� u+ me iUl,,,., _ Para_raph M_ aa'e set to the msplas asp � u � ,play pilot to the date of the displa} if PURCHASER etel;ises v <Ep , u” t'a` e'I,,. option to utuu+_ - percentages of the agreed contract price I I RC H ��EP a,ree, to pas to Pl RC, a- i,�� �a�= „a'na;cs the folloµme p o° nwr_ dais p +u l,� _ ,;1, of the display 21 5001 - d cancellation occurs µnlu❑ pso (' -) day' tI - yispla -' _ -a - 3 ,�, „ on the date set for the display but prior to the nine physics set -up a, Inn p+_ _ri_ , a "_ -�lal +++ " s nhp n�rSpecific custom work perfo,med bR PYRO o �ts aaemu -, a_:, PYRO SPECTACULARS, INC. Display Agreement 7) in the event PURCHASER cancels the dtspia}' it a dl be impractical or extremely difficult to fix the actual amount of PYRO s damages The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels time dtspla% 8) PYRO reserves the oa nership rights and trade names that are used in or area product of the pyrotechnic display to be performed herein Any reproduction by sound video or other duplication or recording process without the express written permission of PYRO is prohibited 91 PYRO agrees to furnish insurance coverage in connection a ith the Display onh for the follow m_ risks and amounts bodily inpu % and property damage including products habilim O \E %IILLIO\ DOLLARS (S 1,000 000) combined single limits Such insurance shall include PI-RCH ASER as an additional insured regarding claims made against PURCHASER for bodily miun or property damatte ansms from the operations of Pl RO in perromum' the Displa% provided for to this Agreement Such insurance afforded bt PYRO shall not include claims made against PL RCH ASER for bonus isnur% or proper damage arising from Ai Failure of PURCHASER including rhrough or b% its emplo%ee, actors and o, maependen ,ontractors to perform its oblgations under this agreement including %% ithout limitation those contained in Paragraoh = of the, Ac-eement B Failure of the PL RCH ASER to pro%ide discreuonan Spectator and Pal ling Areas Ielened to u' Pal aeiaal , a, ihi_ -\ _nr :men PL RCH ASER shall mdenvuh and hold PYRO hammless tram all claims and suit, made acains' P) RO tot oodih miur, o. rior • Jama__e ansmc tram AI and B of this Paragraph 101 It am legal action is biou__ht to enforce of live rim' 'hr temic or pros istons of this Agreement the pre%aihng party shall be entitled To reasonable anome% tees and costs in addmor, io at omer Tenet to %%high they ma% be entitled 111 In the went P1 RO orreacnes this acreemen' or i, ome -,srs, nechcenr to performing the fireworks dtspla% pro%ided for herein PL RCH ASER ,t all %'rJ -' no cncumstance, b- erutl_.l 10 re.n, cr monetan damages from PYRO be%ond the amount PLRCHASER a, ieea to pa P1 RO undo- tni, A_rctmcn PL RCH v�ER ,na1' no under am circumstances be entitled to reco%er any consequential dama_es t,on- P1 RO in, maul_ a nnou: hmnanor to tos, o' income business or profits Nothing in this paragraph shall be construed a, a mooln,atior o- limitation on the insurance co%ma_c, rrotaed to Paragraph 9 above - It r acttra not ur_ in Ou, Agreement or ;r P) R+ , e ^oinian,e of the display provided for herein, shall be construed as forting a oa't ierst,m or win' , enru•_ )CM tell PL RCH A SER a w P1 PC) Tr; parties hereto shall be severally responsible for their own separate dent, ana obh_anom at,' 'Mime, parn shall be nt." • -, , Ile tin an'. agreements or obligations not expressly provided for herein T u, A--et- ,na ' o_ go, _rnea anti inc, ere ,. -_ la,,, of the State of California R is further aereed that Fire Courts of the n a , 2" la, e e% -1mn - iurl,ul -nor t,+ a.' lu -a'- ur disputes arising out of this contract or performance of the dtspla% _ I „' ❑r- a'_1teJ 1113' o" Ce - a J J _u D+,111:1 of San Bernardino County California shall be proper xenue lot o ' -u ..:'1Je ' 1, v_ -:mint nu% be et%en b% matting such Nonce in the I-nned States . ter, .ra„ aJa'e,sa- a, tal m„ P% R'_, t .to �)Pectacular, In: P O Box 2329 Rialto Calitonua _ DER Cm ul LI Segundo - Juh d, 2001 o, au, Agite'1lCilf at— It, 1 %tltnl_ a6J nij, oil, ae modified b% wrinen agreement of both parties hereto Both parties 'd-'t me na%e tr.rn rd 3 mop% 01 sari %,11nen A_ recmew and agree to be bound by said terms of written Agreement onh rrl-- e 1, 11101- ru one PL RCH ASER tire, ,.u" re +, i i wad se%erall% responsible to perform PURCHASER s ablteauons gal. a.r, „men Thr, - ',__regiment shall ot,oti, :nc_n, ar;_ r is executed and accepted by PURCHASER and after it is executed RO a P) RO s offices to Rialto Cahlornu Tnt, Agrtm,m ma% be executed in several counter parts, including taxed copies �i - o1 , % latch shall be deemed an original agatn,r the pall, r,%. unng same This Agreement shall be binding upon the parties and upon their heirs successors executors admrm,traior, and assr_ms PURCHASER recognizes that because of the nature of J, L, an inousrr% accepted In el of 3 at file product u,co 1 , am dtspla} may not function as designed and this level of - „omiar,,, is acceptable as full perfomiancc le,, t', nertof in- parties hereto b% and Illton_ h thel• dJJ aumonzed a,_ents have set their hands and seals this do% 2001 J, DUL I'1 RO PELT \CL LA � I C T,r1- PRESIDENT /rufiu( Het e *' Purchaser is responsible for payment of fire department permit and standby fees ♦ Purchaser to provide firing site ,.c, . unlcahon and aAnnrrty I - c7 q -^r •err -��� ;, mr -, 15 2001 EL SEGUNDO CITY COUNCIL MEETING DATE. March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING- New Business AGENDA DESCRIPTION: The Downtown Subcommittee has recommended that parking on the City Hall plaza be Included in the Downtown Specific Plan Staff is requesting direction to Implement the Downtown Subcommittee recommendation RECOMMENDED COUNCIL ACTION Authorize staff to study the feasibility and cost of parking on the City Hall plaza BACKGROUND & DISCUSSION On March 6, 2001, the Downtown Subcommittee reviewed the ongoing effort to Implement the Specific Plan As part of the discussion, the Subcommittee recommended that the City Hall plaza be reconfigured for use as both parking for downtown and public events The Committee recommended that the plaza be designed to include electrical hookups and lighting that would allow the area to be used for a dual purpose Staff will study the use of grasscrete and landscaping to provide a design which would be aesthetically pleasing and provide parking and an area for public gatherings. ATTACHED SUPPORTING DOCUMENTS None FISCAL Operating Budget $2,500,000 Amount Requested To be calculated Account Number 301.400 -8201 -8573 Project Phase Design and Construction Appropriation required Funds for design and engineering need to be appropriated from the existing capital budget. ORIGINATED DATE: , r ", - 3I -i /C' j Chris Ketz, Plannin6Manager James Hansen, Director of Community, Economic and Development Services I:i>�I��i�7 =3►r Marj"StThh,')rity Manager _block '13 EL SEGUNDO CRY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Reorganization of the Human Resources and Finance Department Into a single Administrative Services Department RECOMMENDED COUNCIL ACTION (a) Approve reorganization, departmental title change, and salary change. (b) Approve job description changes effective October 1, 2001 adding the Director of Administrative Services, eliminating the Finance Director and amending the Assistant City Manager description. (c) First reading and introduction of an ordinance creating the Administrative Services Department and Director of Administrative Services position as at -wdl (d) Schedule second reading and adoption of the Ordinance for April 3, 2001 (e) Adoption of Resolution adding the Director of Administrative Services position to the City's conflict of interest code. All changes to be fully implemented by October 1, 2001 BACKGROUND & DISCUSSION Over the past two years, changes have been recommended and adopted by Council on the organization of the City with the objective of creating an Administrative Services Department and moving the Assistant City Manager into (Background & Discussion continued on next page) ATTACHED SUPPORTING DOCUMENTS Job Descriptions, Ordinance and Resolution FISCAL IMPACT Move costs in current budget, salary and benefit costs of $6,000 to be included in FY 2001 -02 Operating Budget Amount Requested Account Number Protect Phase, Appropriation required No I DATE. -i, City Manager March 13, 2001 BACKGROUND & DISCUSSION. (Continued from previous page) a more general management function The goal has been to improve services by collapsing the number of departments and flattening the organization. It has been a deliberative process The Assistant City Manager was assigned as the Human Resources Director with the mission of rationalizing operations We now have multi -year agreements with all bargaining units, performance evaluations are on schedule, and an employee handbook Is nearing completion On G parallel track, the Finance Department has completed and largely implemented a Technology Master Plan, centralized purchasing, revamped financial practices, established a new budget calendar and process, and developed procedural manuals These improvements to operations now allow for the departments to be merged under one director Numerous functions are currently split between staff members in the two departments such as payroll /benefit administration and risk management The new Administrative Services Department will absorb all of these functions The current Finance Director will oversee the new department. Due to the additional duties, a 5% salary increase is recommended consistent with personnel rules for classified positions Location of Finance staff, such as Information Systems and Accounting, will be moved to the lower level of City Hall in anticipation of the merger and due to their limited contact with the public The Human Resource personnel will move into the current Finance Department offices The costs of the move have been included in the current FY 2000 -01 budget The Assistant City Manager will move into the City Manager's offices to handle more day to day operations Although responsibilities will change with the needs of the City, it is anticipated that he will continue to oversee special projects such as the airport and energy along with a new assignment of project tracking and management The reorganization is recommended for adoption at this time However, it will be implemented through the adoption of the FY 2001 -02 budget n'SIa" Report Reorgantzaton City of El Segundo, CA Job Description Job Code: 301 DIRECTOR OF ADMINISTRATIVE SERVICES Definition: Under administrative direction, plans, directs and manages the development, operation and evaluation of fiscal operations, information systems, and the Human Resource function of the City Essential Functions- Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this Gass Characteristic Duties and Responsibilities Develops and directs all budgetary and fiscal operations of the City, including administration of all financial resources and expenditures, and preparation of financial statements; directs development of the City's annual budget, oversees and directs activities of purchasing, payroll, accounts payable and receivable business licenses, auditing and cash management, recommends and develops fiscal procedures, develops and maintains financial accounting and records systems, manages the daily operations of the division Directs the City s information systems and the provision of related services; anticipates Citywide information and computing need and provides for appropriate technology and services Directs and manages the City's overall accounting records, prepares budgets for all current funds, prepares financial reports according to federal and state rules, regulations and laws, City policies and procedures, and generally accepted accounting pnncipies Provides leadership, program development, administration and coordination of fiscal operations and services, serves as liaison with the community, professional groups and other external contacts and resources for the City Represents the City in matters related to labor relations and labor negotiations; recommends and implements labor relations policies and procedures, interprets and administers provisions of memoranda of understanding Coordinates fiscal operations with activities of other programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications. Resolves discrepancies or procedural problems and responds to program administration and /or program delivery questions ensuring necessary follow -up occurs, controls program records for operational and budget accountability a=rse sloe, na 671 Director of Finance Provides leadership, program development, administration and coordination for Human Resources and related services, serves as liaison with the community, professional groups and other external contacts and resources for the City Confers with and advises staff and program participants by providing advice, problem solving assistance, answers to questions and Interpretation of program goals and policy As an at -will employee reporting to the City Manager, serves as a member of the City's Executive Management team, participates in the management of the City and may serve on various committees, boards and task forces Characteristic Duties and Responsibilities (Continued): Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff, provides for and /or conducts staff development, establishes work methods and standards, initiates corrective and /or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and in consultation with Human Resources Knowledge, Skills and Other Characteristics: Knowledge of fiscal operations and generally accepted accounting principles and practices. Knowledge of municipal organization and administration Knowledge of automated business computing systems Knowledge of the principles and practices of effective leadership, management and supervision Knowledge of project management principles and practices Skill in program development implementation and evaluation Skill in conducting complex financial and statistical analyses Skill in assessing objectives and operational requirements to develop and Implement appropriate fiscal policies and procedures for the City and the department Skill in managing, developing, motivating and evaluating professional and support staff Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in understanding and applying complex regulations, procedures and guidelines. Skill in communicating effectively orally and in writing Skill in the use of personal computers and office /financial related software in a Windows -based operating environment Skill in working under pressure, handling significant problems and tasks that anse simultaneously and /or unexpectedly Skill in establishing and maintaining effective working relationships with staff, other City employees, and the public Qualifications: Bachelor s degree in Accounting, Business Administration or a directly related field, and five (5) years of professional government accounting program management experience, including four (4) years of supervisory experience, or an equivalent combination of education and experience PSPC 2 nom)() Asac Director of Finance nsioo City of El Segundo, CA ASSISTANT CITY MANAGER Job Description Job Code: 102 Definition: Under administrative direction, assists in planning, directing and managing the overall operations of the City Essential Functions. Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities* Assists the City Manager in administering laws and ordinances governing the City, provides professional administrative and analytical assistance to the City Manager and City officials, assists departments and the City Manager in the development of short- range, long -range and strategic plans and protect management, gathers, interprets and prepares data for studies, reports and recommendations, directs and /or conducts assigned project and program activities, administers assigned contracts, prepares various comprehensive reports on City administrative /operational activities makes presentations to the City Council, boards, commissions civic groups and the public coordinates staff and activities with other departments and agencies as needed Assists in the preparation of annual budgets for individual departments and the City's comprehensive annual budget monitors revenues and expenditures, and performs cost control activities Coordinates Fiscal Operations activities with activities of other programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications Resolves discrepancies or procedural problems and responds to program administration and /or program delivery questions ensuring necessary follow -up occurs, controls program records for operational and budget accountability Confers with and advises staff and the public by providing advice, problem solving assistance, answers to questions and interpretation of City goals and policy As a member of the City's Executive Management team, participates in the management of the City and may serve on various committees boards and task forces Characteristic Duties and Responsibilities (Continued). Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff, provides for and /or conducts staff development, establishes work methods and standards, initiates corrective and /or disciplinary action and responds to grievances and complaints 1rsp SIdel Assistant City Manager according to established personnel policies and procedures and in consultation with Human Resources Knowledge. Skills and Other Characteristics: Knowledge of organization, administration and operations of municipal government Knowledge of principles, practices and policies of public personnel administration Knowledge of the principles and practices of effective leadership, management and supervision, Knowledge of project management principles and practices Skill in administrative program development, implementation, operations and evaluation. Skill in preparing complex financial and statistical reports Skill in assessing objectives and operational requirements to develop and implement strategic plans, appropriate operational policies and procedures Skill in analyzing, evaluating and recommending improvements to City operations, programs and services Skill in managing, developing, motivating and evaluating professional and support staff Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in understanding and applying complex regulations, procedures and guidelines Skill in communicating effectively orally and in whiting Skill in using personal computers and office software in a Windows -based operating environment Skill in working under pressure handling significant problems and tasks that anse simultaneously and /or unexpectedly Skill in establishing and maintaining effective working relationships with govemmental officials, City employees the media and the public Qualifications Bachelors degree in Public Administration Business Administration or a directly related field, and seven (7) years of murncipai administration experience, including four (4) years of management and supervisory experience or an equivalent combination of education and experience PSPC 2 mnn ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 2.28.030 TITLE 2, OF THE EL SEGUNDO MUNICIPAL CODE TO REFLECT THE CREATION OF THE ADMINISTRATIVE SERVICES DEPARTMENT AND THE DIRECTOR OF ADMINISTRATIVE SERVICES POSITION WHEREAS, the E1 Segundo Municipal Code provides that the City Council may from time to time by Ordinance designate departments, appointive officers, or employees of the City, and WHEREAS, it is in the best interest of the City to list all existing City departments in the Municipal Code and officers excluded from the Personnel Merit System; and WHEREAS, it is it the nest interest of the City to create a Denartment of Admin_stra:_ve Services, which combines the Human - .ese..rce an-- Finance _`.:._ -ions of the organization, and whereas, __ _s in the best interests of the City to eliminate the Director tf __nance position, create _ne Director of Administrative Services position ana reass_an some duties of the Assistant City va.-acer NA - ..ncEF _-RE, -FE ::: -_ CZ.;VCIL OF THE CITY OF EL SEGUNDO ZS F- _LL7.,_z SECTION 1. Se_t_=. -Z: is hereby amended to read as _ 's `fective Octooer 1, 2CC:, the organization of City ��verr"e ^t snail consist cf the following departments. Admin_strat_ve Services Department __ty 3. ommuni:y, E__ _ -_c and Development Services Department 4 Finance Depar :re-t 5 Fire Depart-e- 6 Library Deoar_-ent 7 Police Denartme ^t 6 Public worn;=_ Department 9 Recreaticr a-^z =arks Department ORD CREATION OF ADMINISTRATIVE SERVICES DEPARTMENT PAGE NO I SECTION 2. Section 2.28.030 is hereby amended to read as follows: 2 28 030 EXCLUSIONS Those officers and members of departments in addition to department heads and elected officers who are expressly excluded from the merit system are, 1. City Manager 2 City Attorney 3 Assistant City Manager 4 City Engineer 5 Street Su_erintendent 6 Water and Saritation Superintendent 7 Economic Development Manager 8. Special Events Coordinator SECTION 3. Section 2.28.040 is hereby amended as fo_lows 2 28 040 DEPARTMEN" HEADS For the purpose of this matter aaa for the c,:roose of initiative Ordinance No 586 and I or the _..rpose of crainances expanding the coverage of .__dative Ordinance Nc 55c, and not by ways of limitation, effective October 1, 2CC., the term "Department Head" includes. City Yanaaer Director of AdTinistrative Services Director cf orT rity, Economic and Development Services 4 Fire C?:ief 5 Library Director 6 Chief of Pc -'ice 7 Director of Public Works 8 Director of Recreation and Parks SECTION 4.Severability If any section, subsection, suodivision, paragrapn, sentence, clause or phrase of this crdinance or any part thereof is for any reason held to be ,_nconst_tuticnal, such decision shall not affect the validity of t ^e remaining portion. of =_,s ordinance or any part thereof. The City Council nereby neclares t:at it would have passed each section, subsection, suodivision, paragraph, sentence, clause or pnrase thereof, irrespective of the fact that an one or more s=ections, subsections, sucd:v.sions, paragraphs, sentences, causes or phrases be declared unconstitutional. ORD CREATION OF ADMINISTRATIVE SERVICES DEPARTMENT PAGE NO 2 SECTION 5.Operative Date. This ordinance shall become effective at midnight on the thirtieth (30th) day from and after the date of the final passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinance of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen (15) days after the passage and adoption thereof, cause the same to be published or posted in accordance with the law. PASSED, APPROVED and ADOPTED this _ day of , 2001 Mike Gordon, Mayor of the City of El Segundo, California APPROVZD,4S TO FORM: A�orney ATTEST STATE OF CALIFORNIA ) COU'�TY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I Cind% %lonesen Cin Clerk of the Cit% of El Segundo, Califorma, do hereby certify that the «hole number of members of the City Council of said City is five, that the foregoing Ordinance \o «as duly introduced by said Cit% Council at a regular meeting held on the day o' and was duh passed and adopted by said City Council, approved and signed b} the Mayor, and attested to b} the City Clerk, all at a regular meeting of said Council held on the _ day of 2001, and the same was so passed and adopted by the tollo%kmiz %ote Al ES \OES ABSE %T ABSTAI\ Cind% %lortesen Cin Clerk Cin of El Segundo ORD CREATION OF ADMINISTRATIVE SERVICES DEPARTMENT PAGE NO 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO REPEALING RESOLUTION NO. 4167 AND ADOPTING A NEW CONFLICT OF INTEREST CODE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Resolution No 4167 which establishes a Conflict of Interest Code for various Cih" elected officials, and employees is hereby repealed SECTION 2 The Cite of El Segundo does hereby adopt the following Conflict of Interest Code CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO Incorporation of Standard Code The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate a conflict of interest code The Fair Political Practices Commission has adopted a regulation, 2 Cal Code of Regulations, Section 15730 i,hich contains the terms of a standard conflict of interest code, which can be incorporated bi reference, and %%hick mat be amended by the Fair Political Practices Comirussion to conform to amendments in the Political Reform Act after public notice and hearings Therefore, the terms of 2 Cal Code of Regulations, Section 18730, and any amendments to it dull, adopted bi the Fair Political Practices Commission are hereby incorporated bi reference and along isith the designation of officials and employees and the disclosure categories set forth herein, constitutes the Conflict of Interest Code of the City of El Segundo (the "Conflict of Interest Code") Filing of Statements Pursuant to Section 4 of the standard code, designated officials, officers and employees shall file Statements of Econonuc Interest with the Citv Clerk or Deputy City Clerk Lpon receipt of the Statements of Economic Interests of members of the City Council, City Treasurer, Members of the Planning Commission, City Attorney, and City Manager, the Cih" Clerk, or Deputy Cit% Clerk, shall make and retain a cop} and forward the original of these Statements to the Political Practices Commission Pursuant to Government Code Section 82011 (c), the City Council is the code ref iewing body with respect to the Conflict of Interest Code RESOLL-TIO\ NO REPEALING RESO NO 4167 ADOPTING \EW CO\FLICT OF INTEREST .I_ C Review Procedure Pursuant to Government Code 87305.5, no later that July 1, of each even numbered year, the code reviewing body (City Council) shall direct the City Clerk, or Deputy City Clerk, to review the Conflict of Interest Code The City Clerk or Deputy City Clerk shall submit an amended Conflict of Interest Code to the code reviewing body (City Council) if a change in the Conflict of Interest Code is necessitated by changed circumstance If no change in the Conflict of Interest Code is required, the City Clerk, or Deputy City Clerk, shall submit a written statement to that effect to the code reviewing body (City Council) no later than October 1 of the same vear D Designated Positions The following positions entail the making or participation in the making of decisions which may foreseeable have a material effect on their financial interests COi; %CIL, COMMISSIONS, COMMITTEES, g BOARDS !Members of the Cit Council Members of the Planning Commission Members of the Recreation ii Parks Commission Members of the Seruor Housing Board Members of the Libran Board of Trustees :Members of the Investment Advisory Committee Members of the Capital Improvement Program Advisory Members of the Economic Development Advisory Council Members of the Commuruty Cable Advisory Committee OFFICE OF THE CITY NI AN AGER Cm Manager Assistant Cih Manager OFFICE OF THE CITY ATTORNEY Cih Attorney OFFICE OF THE CITY CLERK City Clerk Deputv Citv Clerk r.ESOLL-TIO\ No RF "FgL1%G RESO NO 3767 AnOF %G AEy% COAFLICi OF N-TERESL OFFICE OF THE CITY TREASURER City Treasurer Deputy City Treasurer COMMUNITY, ECONOMIC Sr DEVELOPMENT SERVICES Director of Commurut} , Econorruc & Development Services Planning Manager Building Manager Economic Development Manager Senior Planner .Associate Planner Assistant Planner (s) Planning Techrucian Senior Plans Examiner Senior Building Inspector Building Inspector(s) Airports Projects PUBLIC WORKS DEPARTMENT Director of Public Works Cih Engineer General Services Manager �%ater Supervisor 1% astew ater Supervisor Ff'c#'%e ADMINISTRATIVE SERVICES DEPARTMENT Director of Famice Administrative Services Assistant Director of Finance Accountine Manager Human Resources Manager Purchasing Agent Business Services Manager Information Systems Manager RESOLL71ON VO REPEALI \G RESO, \O 4147 ADOPrl\G \El\ CONFLICT OFI \TERESr _} LIBRARY DEPARTMENT Director of Libran, Sen -ices Senior Librarian (s) POLICE DEPARTMENT Police Chief Police Captain(s) FIRE DEP a RTMENT Fire Chief Battalion Chiefs) RECRE-%TIO% ANxD PARKS DEPARTNIEl\T Director of Recreation and Parks Recreation Superintendent Listed in the code for information purposes only These positions file under Go%ernment Code Section 5- 2001%ith the Fair Political Practices Commission CO\SL LT-\\:T5 All consultants except those included by the City Manager in accordance with tn,� mg procedure The Cith Alanager ma% deterrmne in writing that a particular consultant, altnoagh a designated position' is hired to perform a range of duties that requires the LCInsultant to fulls comph � %ith the disclosure requirements described in this section Such i +ntten determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements The City Manager Jeterminahon is a public record and shall be retained for public inspection in the same manner in,l location as this conflict of interest code E Disclosure Requirements SECTION 1 Designated emplo%ees shall disclose all interests as required by the Political Reform Act FESOLLTIOV AO PEP E \LI \G PESO \O 4167 Ar)0r'r1AG AEiti COAFLICF 0- 1 \7FRF_�T -i- I SECTION 2 When a new position classification is finalized by the Human Resources/ Risk Management Department for approval by the City Council, included in the presentation will be a directive to the City Council to decide whether that new position will be required to file a Statement of Economic Interest, and be included as a designated position in the Conflict of Interest Code SECTION 3 When the City Council establishes a Commission, Coatrruttee, or Board, included in the agenda item will be a directive to the City Council to decide whether the members of the Commission, Committee or Boards will be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to file a Statement of Economic Interest SECTION 4 The City Clerk is directed to forward a certified copy of this Resolution to the Legal Department of the Fair Political Practices Commission SECTION 5 The Cim 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 the proceedings of the Citt Council of the Cm , m the minutes of the meeting at which the same is passed and adopted P ASSED, APPROVED, AND ADOPTED this 20th day of June, 2000 'Mike Gordon, Mayor APPR ED AS TO FORM ark D Herysl y, Ci , Attorney RE- ';OLLT101 NO REREALLtiG RESO \O 4767 ADWITING %EW CONFLICT OF 1\TERE5T -5- ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, Cmdy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the Citv 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 Mai or of said City, and attested tc ry the Citv Clerk of said City, all at a regular meeting of said Council held on the day of 2001, and the same was so passed and adopted b% the follow ing vote AYES Gordon, iacobs, Games, McDowell, Wernick \OES None ABSE \T \one AB�-TA1\ \one Cind% Aortesen Cih Clerk r��OLLTIO\ \O PEPEALI \G PESO NO 416 7 ,DOf'iI\G %B% CO \FLICT ')c \TECE5T 1 v EL SEGUNDO CITY COUNCIL MEETING DATE: March 20, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION. Consideration of Amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of El Segundo providing 21363 1 (3% at 55 Full and Modified formula) for local fire members, as required by the El Segundo Firefighters' Association 2000 -03 Memorandum of Understanding RECOMMENDED COUNCIL ACTION, 1) Read resolution by title only, 2) Adopt Resolution, 3) Provide for first reading of the Ordinance, 4) Schedule second reading and adoption of the Ordinance for April 17, 2001, 5) Authorize the Mayor to sign the Certification of Member Contribution Rate BACKGROUND & DISCUSSION (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS 1) Resolution of Intention to Approve amendment to City's contract with PERS, 2) Ordinance authorizing amendment to City's contract with PERS, 3) Member contribution rate certification form, 4) Amendment contract documents prepared by PERS Actuarial and Employer Services Division FISCAL IMPACT Operating Budget. N/A Amount Requested $141,500 Account Number N/A Project Phase NIA Appropriation required, No ORIGINA'VQ DATE. March 13, 2001 1, Assistant Cit Mary StrAnn, City Manager \\i 12 Background and Discussion: Article 2.14 of the 2000 -2003 Memorandum of Understanding between the City of El Segundo and the El Segundo Firefighters' Association states that the City will provide 3% at 55 PERS retirement benefits, as specified in section 21363 1 of the California Government Code, for all fire safety employees. Implementation of that provision requires that the City Council adopt a Resolution of Intention to the amend the City's contract with PERS, approve an ordinance ratifying the change to benefits provided to employees and authorize the Mayor to sign a Certificate of Member Contribution Rate. Government Code Section 7507 also requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two (2) weeks prior to the second reading and adoption of the final Ordinance Government Code 20471 requires that there be at least a twenty (20) day period between the adoption of the Resolution of Intention and the adoption of the final Ordinance By conduction the second reading of the Ordinance at its regular meeting of April 17, 2001, the City Council would meet the requirements of the Government Code with respect to amending the City's contract with PERS The proposed effective date of the contract amendment is the first day of the payroll period following the effective date of the final Ordinance, which would be May 19, 2001 The City is declaring that its contribution rate would be increased by an amount totaling 3 192% RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law, and WHEREAS, one of the steps in the procedures to amend the contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change To provide Section 21363 1 (3% @ 55 Full and Modified formula) for local fire members NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency does hereby give notice of Intention to approve an amendment to the contract between said public agenc, and the Board of Administration of the Public Employees Retirement System a copy of said amendment being attached hereto, as an Exhibit' and by this reference made a part hereof SECTION 1. The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 20th day of March 2001. Mike Gordon, Mayor of the City of El Segundo RESOLUTION NO To amend PERS -FIFA To3C ie C55 Page No I ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 20th day of March, 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT None ABSTAIN None NOT PARTICIPATING None Cindy Mortesen City Clerk APPROVED AS TO FORM ark ensley ity Attorney RESOLUTION No To amend PERS -FFA To3Ci C55 Page No 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend the contract is the adoption by the governing body of the public agency of an ordinance to approve an amendment to said contract NOW THEREFORE, the City Council of the City of El Segundo does ordain as follows SECTION 1 That an Amendment to the contract between the City Council of the City of El Segundo California and the Board of Administration, California Public Employees' Retirement System, is hereby authorized, a copy of said Amendment being attached hereto, marked Exhibit and by such reference made a part hereof as though herein set out in full SECTION 2. The Mayor of the City Council of the City of El Segundo is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency SECTION 3. The Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be posted in at least three (3) places throughout the City Hall of the City of El Segundo, California, 350 Main Street, El Segundo, California, located in Los Angeles County and thenceforth and thereafter the same shall be in full force and effect SECTION 4 The City Clerk is directed to certify the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law PASSED, APPROVED AND ADOPTED this 20th day of March, 2001. Mike Gordon, Mayor City of El Segundo, California 113 ., � ,o '0NG AMEWNDMENT TO PERS CONTRA( T 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 Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2001, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen City Clerk APPROVED AS TO FORM f rk D Hens , City Attom =NrF NO "E.VNDMENT TO PERS CONTRACT - 7 2 114