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2003 DEC 16 CC PACKET
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 During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council 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 second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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 ir. length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 16, 2003 — 5:00 P.M. Next Resolution # 4352 Next Ordinance # 1371 5:00 P.M. 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 Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — Three (3) matters 1. Bressi vs City of El Segundo, LASC No. BC288292 2. Bressi vs. City of El Segundo, LASC No. BC288293 3. Pulido vs. City of El Segundo, USDC No. 03CV4933 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c)* -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —1 matter 1. Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Supervisory and Professional Employees Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8): -1- matter 1. Real Property Negotiator: Mary Strenn, City Manager Property: Potential purchase of APN No. 4138 - 011 -019 (Douglas Street Project) Matters under negotiation: Price and terms of acquisition Negotiating Parties: Kenneth E. and Helen M. Hill Trust SPECIAL MATTERS — None 2 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 During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council 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 second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p.m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 16, 2003 — 7:00 P.M. Next Resolution # 4352 Next Ordinance # 1371 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Bishop Michael Briney of the Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Councilmember Kelly McDowell PRESENTATIONS — (a) Commendation presented to the sponsors, supporters and volunteers for their unselfish community service in keeping the hometown holiday tradition alive in El Segundo by organizing the El Segundo Community Christmas Dinner to be held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks. (b) Commendation presented to Cathy Domann, Deputy City Clerk, for having achieved membership in the Master Municipal Clerk Academy Program of the International Institute of Municipal Clerks (IIMC), for her dedication to municipal service and for being an inspiration to all members of her profession. (c) Commendations to El Segundo Police Department K -9 Officers Tom Jones and Kenny McShane and their K -9 partners Basco and Tarkan, for their participation in and winning several events of the Riverside K -9 Trials. (d) Presentation of trophies and recognition of winners and judges of the 2003 40th Annual Holiday Main Street Parade. (e) Presentation by the El Segundo Unified School Board regarding facilities and academic achievements. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 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 the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) regarding approval of the proposed revisions made to the Police Services Fee Schedule. Recommendation — (1) City Council to conduct a public hearing and adopt a resolution establishing a revised and restated fee schedule related to police services; (2) Alternatively, discuss and take other action related to this item. 4 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding receipt of a presentation by the Fire Department concerning criteria for patient transports and Robert F. Kennedy Hospital staff's overview of the hospital's program /customer service enhancements and actions todate. Fiscal Impact — none. Recommendation — (1) After hearing presentation by RFK staff, receive and file report ; (2) Alternatively, take other action related to this item. 3. Consideration and possible action regarding a petition by residents to close the driveway access from East Pine Avenue cul -de -sac to the Mariposa Village parking lot. Recommendation — (1) Adopt the Traffic Committee's recommendations made in its November 20, 2003 report; (2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding a presentation by the Senior Housing Board 2004 Budget for the Park Vista Senior Citizen Housing Complex. Recommendation — (1) Approve 2004 Budget for Park Vista Senior Citizen Housing; (2) Alternatively, discuss and take other action regarding this item. 5. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2004. Recommendation — (1) Direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2004; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 6. Warrant Numbers 2537648 to 2537901 on Register No. 5 in the total amount of $1,676,298.54 and Wire Transfers from 11/21/2003 through 12/5/2003 in the total amount of $302,670.10. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 7. City Council Meeting Minutes of December 2, 2003. Recommendation — Approval. 8. Consideration and possible action requesting Council consensus to cancel the January 6, 2004 Council Meeting. Recommendation — (1) Approve cancellation of January 6, 2004; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding approval of a two -year extension and amendment of the Memorandum of Understanding (MOU) between the City of El Segundo and the Supervisory and Professional Employees Association. Recommendation — (1) Approve the two -year extension and amendment; (2) Adopt Resolution amending the current Memorandum of Understanding; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding approval of five -year Memorandum of Understanding between the City of El Segundo and the El Segundo Police Managers' Association. Recommendation — (1) Approve the Agreement; (2) Adopt Resolution approving Memorandum of Understanding; (3) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding a Professional Services Agreement with Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for the City's self- insured Worker's Compensation Program. Recommendation — (1) Approve a three -year Professional Services Agreement, with an option to extend for two additional years, with Southern California Risk Management Associates; (2) Alternatively, discuss and take other action related to this item. Z 12. Consideration and possible action awarding contract to Sequel Contractors, Inc. for Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard — Project No. PW 03 -17 — Approved Capital Improvement Program (Contract Amount $69,677.50). Recommendation — (1) Award contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $69,677.50; (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action for appropriating $10,000 in grant funds from the California Department of Conservation. (Fiscal Impact $10,000). Recommendation — (1) Appropriate funds; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding allocation of $45,897.78 from the Fiscal Year 2003 -2004 Facilities Maintenance Fund and approval of Change Order No. 1 in the same amount of $45,000 for the Roof Structure for Storage Bins at the Maintenance Facility (150 Illinois Street) — Approved Capital Improvement Program — Project No. PW 01 -21. (Fiscal Impact $45,000) Recommendation — (1) Authorize an allocation from the Fiscal Year 2003 -2004 Facilities Maintenance Fund in the amount of $45,000; (2) Approve Change Order No. 1 in the amount of $41,897.78; (3) Alternatively, discuss and take other action related to this item. 15. Consideration and possible action to adopt a resolution supporting the Coastal Corridor Transportation Initiative, including requesting $5.3 Million TEA 21 funds be reauthorized to begin implementation of the Initiative. (No fiscal impact). Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action regarding a long -term lease agreement between the City and the El Segundo Boy Scout Association granting the Scouts access to land located at 325 Grand Avenue. Recommendation — (1) Authorize the Mayor to execute the attached lease agreement between the City and the Ei Segundo Boy Scout Association; (2) Authorize staff to finalize plans for the proposed El Segundo Skate Park; (3) Alternatively, discuss and take other related to this item. 7 17. Consideration and possible action regarding waiver of fees for city services associated with the 12th Annual "Run for Education ". Recommendation — (1) To waive fees for city services associated with the 12th Annual Run for Education; (2) Alternatively, discuss and take other action related to this item. 18. Consideration and possible action regarding relocation of the Farmer's Market to the 400 block of Main Street beginning Thursday, January 8, 2004. Recommendation — (1) Approve relocation of Farmers' Market to the 400 block of Main Street; (2) Alternatively, discuss and take other action on related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 19. Consideration and possible action regarding the one -time only exchange of unallocated, Community Development Block Grant (CDBG) funds totaling $97,095 with another CDBG participating city within the Los Angeles Urban County. Recommendation — (1) Authorize staff to proceed with identifying an interested participating city to begin negotiations for the exchange of unallocated CDBG funds totaling $97,095, establish an exchange rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another City; (2) Alternatively, discuss and take other action related to this item. 20. Consideration and possible action regarding approval of a Communications Products Agreement ( "CPA ") with Motorola, Inc. for $1,523,173.03 in asset forfeiture funds for the acquisition of the Federal Communications Commission license rights to two (2) UHF narrowband channels, its related equipment and services for the Police Department's Public Safety Communications Center. Recommendation — (1) Waive the formal bidding process per the Municipal Code; (2) Approve and authorize the City Manager to execute a CPA in a form approved by the City Attorney between the City and Motorola for the FCC license rights to two (2) UHF narrowband channels, its related equipment and services; (3) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 21. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. Recommendation — (1) Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows; (2) Alternatively, discuss and take other action related to this item: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Grant a free business license for a non - profit organization (ESMC 4 -1 -7); 4) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); 5) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); 6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; 7) Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1); 8) Waiver of the Pooper- Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. E MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) 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. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE. °/// 0 0 TIME. /7'/0 >�� Ilf' NAME. 10 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) regarding approval of the proposed revisions made to the Police Services Fee Schedule. RECOMMENDED COUNCIL ACTION: (1) Recommendation to the City Council to conduct a public hearing and adopt a resolution establishing a revised and restated fee schedule related to police services. (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Police Department charges fees for certain services provided to the public. Police staff is recommending changes to the Police Services fee schedule adopted on the 201h of March, 2001 under Resolution No. 4210. These recommendations have been developed pursuant to applicable Government Code Sections 66016 - 66018.5, and the City's cost recovery policy. This proposal is recommending an increase in approximately one -third of the existing police services fees. Other fees, except as noted will remain the same. If adopted, it is estimated that the restated fee schedule would generate an additional $50,000.00 in cost recovery annually. The basis of the study was to establish fees at a level not more than that necessary to recover reasonable costs incurred for the services. The proposal also includes a reduction in fees specific to applicant alarm permits. Staff believes these reduced fees will encourage Municipal Code compliance, promote alarm security and to help recover the actual costs of the application process. These fees are described on the exhibit "A" attachment to the resolution. ATTACHED SUPPORTING DOCUMENTS: Proposed Police Services Fee Schedule as Exhibit "A" to the proposed resolution. FISCAL IMPACT: Neutral Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: Yes No ORIGINATED BY: DATE: December 9, 2003 ack Wayt, ie of Police REVIEWED BY: DATE: ! "d Mary Str City Manager 3 0 tI 1 RESOLUTION NO. A RESOLUTION ADOPTING NEW FEE SCHEDULES FOR THE EL SEGUNDO POLICE DEPARTMENT TO RECOVER COSTS INCURRED FROM PROVIDING VARIOUS PUBLIC SERVICES. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The City Council may establish fees for services under various provisions of California law including, without limitation, Business & Professions Code § 16000; Government Code §§ 36936.1, 43000, 54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014, 66451.2; and Health & Safety Code §§ 510, 17951, 17980.1, 19852. B. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services for various fees ten (10) days before the public hearing held on December 16, 2003. C. On December 16, 2003, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016. D. At the recommendation of the City's Departments and the City Manager, the City Council believes that it is in the public interest to establish the recommended fees to recover the costs of public services. SPGTION : The Fees attached as Exhibit "A" and incorporated into this Resolution as if fully set forth, are approved and adopted. SECTION 3: Unless otherwise revised, the fees established by this Resolution will be automatically adjusted on an annual basis at the beginning of each fiscal year based on the average percentage change over the previous calendar year to the City's costs for administering the services set forth in Exhibit "A." The first fee adjustment cannot be made before a minimum of ten (10) months after the effective date of this Resolution. SF(' ,TION 4: This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQX) and CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; Page 1 of 3 012 purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273. SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this 16th day of December, 2003. Mike Gordon, Mayor Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the 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 16`h day of December, 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk r APPROVED A T Mark D. Hen ey y rney _. By: �' t a arl H: Berger Assistant City Mor ey Page 3 of 3 014 EXHIBIT "A" POLICE DEPARTMENT SERVICES FEE SCHEDULE POLICE DEPARTMENT CURRENT PROPOSED JUSTIFICATION FOR SERVICES FEE SCHEDULE FEE FEE INCREASE ARREST REPORTS $67.00 TRAFFIC COLLISION REPORTS N/C D.U.I. TRAFFIC COLLISION Workflow: investigation, report writing, (Driving Under the Influence of alcohol collection of evidence, booking and /or drugs (DUI) which in the $69.00 $75.00 process, supervisory review. Involved Officers opinion best describes the per hour per hour personnel: two Police Officers, one primary collision factor or main cause of Police Service Officer, and one Police the collision ) Supervisor. DAILY REPORTS N/C ALL OTHER REPORTS N/C 0 ow: no r ca ion letter of storage or impound, inquiry to DMV database, verification of identification and vehicle VEHICLE RELEASES $20.00 $35.00 registration upon release. Involved per vehicle personnel: one Police Service Officer and one police supervisor. Estimated time: 20 minutes. VIEWING NG FEE U040 N/A SERVICE PROVI ED RECORDS CHECK — LOCAL o ow: inquiry to local records database a report of findings. Involved (Record search conducted for authorized agencies to receive criminal $5.00 $10.00 personnel: one Police Service Officer history information for purposes of Per name Supelrvisor. Estimated ti Records 0 employment) minutes. Workflow: Verificabon o correc on for CITATION SIGN -OFF 4.00 $8.00 vehicle equipment or registration violation. Involved personnel: one Police Officer. Estimated time: 10 minutes. PHOTOGRAPHS 5.00 percopy BICYCLE LICENSES NEW $4.00 RENEWAL $2.00 0 ow: A fee to cover cos associated with returning to the scene PARTY CALLS $69.00 $75.00 after warning has been issued. No fee per hour per hour on 1st response - fee apply for 2nd and subsequent responses within 24- hour period. Ordinance No. 9.06.120. CONCEALED WEAPONS $86.00 APPLICATION $28.00 RENEWAL CIVIL SUBPOENAS $15.00 CIVIL SUBPOENAS, REQUIRING $150.00 OFFICER APPEARANCE MASSAGE ESTABLISHMENT PERMIT $500.00 INVESTIGATION MASSAGE ESTABLISHMENT $120.00 ANNUAL INSPECTION MASSAGE TECHNICIAN $150.00 APPLICATION $50.00 EXAMINATION FEE 100.00 FALSE ALARMS for each alarm over 3 () 1r ALARM SYSTEM APPLICATION CLEARANCE LETTER Residential , Commercial - Alarm PERMIT: Workflow: local records check an (A letter stating that the requestor "has Permit Applicant fee, New and $128.00 $25.00 Renewal revised. One time fee. • RESIDENTIAL $259.00 $25.00 Workflow: A fee to cover application log • COMMERCIAL Police Records Supervisor or Police ten ears. ) process and control. Estimated time: 1 hour. TAXI LICENSE $24.00 APPLICANT FINGERPRINTS (The California Department of Justice TAXI VEHICLE INSPECTIONS 35.00 $10.00 utilizing Live maintains a process for checking the a ow: verification of vehicle TAXI DRIVER PERMITS Fingerprint System. Involved $75.00 registration proof of insurance, and issuance o? permit. Involved $46.00 per hour personnel: two Police Officers and one Estimated time: 15 minutes. -fingerprint D.U.I VEHICLE RELEASE police supervisor. Estimated time: 30 Workflow: investigation, repo writing, (Vehicle release as a result of storage as a result of a dnver being arrested for minutes. collection of evidence, booking process, supervisory review. Involved suspicion of driving under the Fee takes into consicieration salary at $115.00 personnel: two Police Officers, one Police Service Officer, and one police influence. time and one -half rate for assigned FILMING SECURITY $69.00 $83.00 personnel to provide security, traffic, per hour per hour and crowd control services during the course of the production. (Overtime salary rate POLICE VEHICLE 5.00 per hour AUCTION HOUSE PERMIT $256.00 INVESTIGATION PAWNSHOP AND JUNK SHOP $256.00 PERMIT POOLROOM INVESTIGATION $256.00 FORTUNE TELLING PERMIT $256.00 INVESTIGATION FIREARMS BUSINESS LICENSE $256.00 INVESTIGATION BINGO GAMES INVESTIGATION $256.00 PARADE PERMIT INVESTIGATION 256.00 ENTERTAINMENT PERMIT $256.00 DOG LICENSE REGULAR $40.00 New added fee for license delinquent SPAYED OR NEUTERED $20.00 for 30 days or more are subject a charge, which shall be added to the SENIORS $10.00 fee collected. LATE FEE ADDED FEE 10,00 PROPOSED ADDITIONAL FEES CLEARANCE LETTER Workflow: local records check an (A letter stating that the requestor "has certification letter from Custodian of or no record" with this department $10.00 Records. Involved personnel: one based upon a name search for the last Police Records Supervisor or Police ten ears. ) Assistant. Estimated time: 10 minutes. APPLICANT FINGERPRINTS (The California Department of Justice Workflow: fingerprint impressions the Automated Scan $10.00 utilizing Live maintains a process for checking the Per 2 cards Fingerprint System. Involved background of individuals using personnel: one Police Services Officer. submissions. Estimated time: 15 minutes. -fingerprint D.U.I VEHICLE RELEASE Workflow: investigation, repo writing, (Vehicle release as a result of storage as a result of a dnver being arrested for collection of evidence, booking process, supervisory review. Involved suspicion of driving under the $115.00 personnel: two Police Officers, one Police Service Officer, and one police influence. supervisor. Estimated time respectively: 2 hours. RATE FEE is based on Police Supervisor salary rate S82 95 and 5124 42 O T, Police Oj)icer salary rate S66 58 and $99 87 O T, Custodian of Records salary rate S37 92, Police Assistant salary rate S 19 74, and Police Services Officer salary rate _S2233 .411 salaries are under classification step E and X with hene its o�� NOTICE OF PUBLIC HEARING Date: December 16, 2003 Time: 7:00 P.M. Place: City Council Chambers 350 Main Street El Segundo, CA TAKE NOTICE that the City Council will hold public hearing on the date, time and place indicated above. The public hearing will allow testimony regarding proposed modifications to fees and charges related to police department services and to determine whether the proposed fees and charges are discriminatory, excessive, or insufficient. Data supporting the proposed modifications is available in the City Clerk's office ten (10) days before the public hearing. At any time before or during the public hearing, any person or organization may file a written statement with the City Clerk of the City, of his or her opinions with respect to the proposed police department fees. Any person or organization desiring to be heard will be given an opportunity to do so. Note that any appeal of a decision made following a public hearing may be limited to the issues raised by evidence submitted before or during that public hearing. For additional information contact the City Clerk's Office, 310.524.2307, 350 Main Street, El Segundo, California. Publish November 27 and December 4, 2003 Cathy Domann Deputy City Clerk 310.524.2306 017 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding receipt of a presentation by the Fire Department concerning criteria for patient transports and Robert F. Kennedy Hospital staffs overview of the hospital's program /customer service enhancements and actions to date. Fiscal Impact: None. RECOMMENDED COUNCIL ACTION: (1) After hearing presentation by RFK staff, receive and file report. (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Council had inquired as to criteria by which we transport patients to Robert F. Kennedy Medical Center and other hospitals. A series of meetings were held with RFK senior staff, our Paramedics, Fire Chief, and the City Manager. The Fire Chief also met with L.A. County Department of Health Services (DHS) to confirm current criteria for determining the destination for Basic Life Support and Advanced Life Support patients. We found that RFK was already in the midst of a major overhaul of emergency room operations, as well as capital projects. They have provided us timelines for operational improvements, they are establishing enhanced communications with our paramedics, and we are planning ongoing joint training sessions. RFK staff will provide an overview of their action plan and progress. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: None. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No ORIGINATED BY: Norm Angelo, Fire Chief REVIEWED BY: Mary Stre , 'City"Manager DATE: �9I(-1> DATE: /.111/04a 2 1118 Continued from Page 1: Background & Discussion: Criteria for patient transport and destination is covered within the L.A. County Department of Health Service Code and the California Code of Regulations, Title 13 and Title 22. There are a number of divisions and sections of these codes that apply. In discussions with our paramedics and the DHS, we confirmed that our current practice of transporting patients to their hospital preference is acceptable when the patient's medical condition allows. However, if the patient's condition is extremely serious or requires specialized treatment, such as with a trauma incident or potentially life threatening condition, the transportation destination is determined through L.A. County DHS criteria and the Base Hospital Medical Staff's direction. Most often these situations require transport to the most accessible receiving facility (hospital). While El Segundo has been designated to be within the RFK service area by DHS, it is primarily the medical criteria and proximity of the most accessible receiving facility, not the service area designation, which determines where a patient is transported. The trade off for transporting patients to a more distant hospital of their preference, when their medical condition allows, is extended out of service time for our rescue units, and a longer transport time for the patient. Currently the volume of calls and the availability of our paramedic extension engine enable us to deliver that level of service. EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding a petition by residents to close the driveway access from East Pine Avenue cul -de -sac to the Mariposa Village parking lot. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt the Traffic Committee's recommendations made in its November 20, 2003 report; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: A petition was submitted by area residents requesting that the existing driveway from the East Pine Avenue cul -de -sac to the Mariposa Village (Village) parking lot be closed for vehicular traffic. A community meeting was held on October 22, 2003, by the City Traffic Committee, comprised of staff from the Police and Public Works Departments, to receive input from area residents and the businesses in the Village. (Background and discussion continues on the next page...) ATTACHED SUPPORTING DOCUMENTS: 1. December 4, 2003 letter from Mr. Peter Charland. 2. November 20, 2003 report by the Traffic Committee. FISCAL IMPACT: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: DATE: December 10, 2003 U v David Johnson Interim Director of Public Works REV I B DATE: Ma n, City Manager 20031216 — Petition by Residents to Close the Driveway Access from East Pine Avenue Cul -de -Sac to the Manposa Village Parking Lot 020 BACKGROUND & DISCUSSION: (continued) The Traffic Committee has developed the enclosed report and the following recommendations which have been mailed to area residents and businesses: 1. The Committee could not make the finding that the driveway poses a safety concern in order to recommend closing the driveway. 2. The Traffic Committee recommends that the owners of the Village shopping area be given an opportunity to implement and enforce the mitigation measures offered by them to address the resident's concerns. It is further recommended that a six (6) month trial period be established to evaluate the effectiveness of these measures. 3. Any future decisions to close the driveway should be based on a "quality of life" policy consideration for residential areas outside the purview of the Traffic Committee. 20031216 — Petition by Residents to Close the Driveway Access from East Pine Avenue Cul -de -Sac to the Manposa Village Parking Lot 0 21 -- - - - p. 2 Peter D. Charland 1125 E. Pine Ave. EI Segundo, CA 90245 12/4/2003 Mary Streen City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mary, This is a formal request to place the petition of the residents of El Segundo to close the E. Pine Ave. Cul -De -Sac Driveway to vehicular traffic on the agenda for the December 16, 2003 City Council Meeting. A copy of the petition and the letter dated August 3, 2003 to The Honorable Mike Gordon Mayor is attached. This request is submitted via FAX with the original delivered via U. S. Mail. Please acknowledge receipt and conformation via FAX @ (310) 322 -3641. incerel�C� Pe C rland cc: Cindy Morteson City Clerk DEC -05 -2003 08:52 95% P 02 02 8/3/2003 The Honorable Mike Gordon, Mayor City of El Segundo 350 Main St. El Segundo, CA 90245 Dear Mayor Gordon, A serious safety issue continues to be allowed to exist at the west end of the residential cul -de -sac in the 1100 block of E. Pine Ave. For years our City Council has received complaints, but have failed to take the necessary action to close this driveway. There are several issues at hand. The first and foremost is safety. This hazard is exacerbated by the amount of pedestrian traffic specifically children going to and from Center St. Elementary, and the Middle Schools. (Both within 1 block of the driveway.) The use of the driveway by heavy trucks entering and exiting the Shopping Center via E. Pine Ave. is in violation of the cities truck traffic circulation plan. (As noted in the General Plan.) . You are aware of last year's accident where a driver exiting the shopping center at a high rate of speed totaled one, maybe two vehicles. It is not uncommon to witness cars zipping through this driveway at high speed, day and night. Near misses of cars and trucks vs. children occur on a daily basis. It is only a matter of time before a fatality occurs. I have personally experienced nearly being hit, seeing my grandchildren nearly hit, and having my dog hit and seriously injured while crossing this driveway. This driveway allowing vehicular ingress and egress from a shopping center via a residential cul- de-sac should never have been approved. (If it was approved.) The attached petition was circulated by my neighbor Bill McCaverty and me on behalf of our neighbors, our children, our grandchildren, and all pedestrians. Please consider this a formal request to take immediate action to close this driveway to vehicular traffic. Sincerer , 1125 E. Pine Ave. El Segundo, CA 90245 DEC -05 -2003 08 52 95% P.03 p.3 02'.3. PETITION TO CLOSE E. PINE AVE. CUL -DE -SAC DRIVEWAY TO VEHICULAR TRAFFIC The undersigned neighbors recognize the increasing hazard to the safety of our school children and all pedestrians caused by delivery trucks and other vehicles entering and exiting the Mariposa Shopping Center via the E. Pine Ave. residential cuIL -de -sac. We respectfully request the City Council to take the necessary action to close this driveway to all vehicular traffic before a tragedy occurs. NAME ADDRESS SIG"TU DATE p.4 /,� lez,-3 G' r 3I 4.i � "f DEC -05 -2003 08:53 95% P.04 P.5 PETITION TO CLOSE E. PINE AVE. CUL -DE -SAC DRIVEWAY TO VEHICULAR TRAFFIC The undersigned neighbors recognize the increasing hazard to the safety of our school children and all pedestrians caused by delivery trucks and other vehicles entering and exiting the Mariposa Shopping Center via the E. Pine Ave. residential cuirde -sac. We respectfully request the City Council to take the necessary action to close this driveway to all vehicular traffic before a tragedy occurs. NAME ADDRESS SIGNATURE DATE DEC -05 -2003 08:53 95% P 05 December 1, 2003 Dear Resident / Business Owner: Public Works Department David Johnson, Interim Director The City Traffic Committee, consisting of staff from the City Police and Public Works Departments, has reviewed a recent petition request by area residents to close the driveway access to the Mariposa Village area from the East Pine Avenue dead -end. A community meeting was recently held in the City Council Chambers to receive input from residents and businesses impacted by the requested closure. As indicted in the enclosed report, the Committee could not make the finding that the driveway poses a safety concern in order to recommend closing the driveway. The Committee recommends that the Village owners be given an opportunity to implement the mitigation measures offered by the owners at the above community meeting. The Committee thanks everyone for participating in the discussions and for providing valuable input to assist the Committee in developing this report. If you need further information, please call me at 524 -2358. Sincerely, Bellur K. Dev aj City Engineer BKD:dr Enclosure cc: City Council Members Mary Strenn, City Manager David Johnson, Interim Director of Public Works Sgt. Al Graham, Police Department, Traffic Division Macell�'R"Vd t _ Buenas 0v ' - Manppea Wage - PM A�ue Repon 350 Main Street, El Segundo, CA 90245 -3813 - TEL 310 -524 -2300 FAX 310 - 640 -0489 0 (, d CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE November 20, 2003 TO Mary Strenn City Manager FROM City Traffic Committee SUBJECT Mariposa Village Driveway at Pine Avenue Background: The Mariposa Village (Village) is a commercial business area at the southeast comer of the Mariposa Avenue / Center Street intersection. This area has approximately ten (10) businesses. The Village abuts a residential area to the east and south. Currently, the Village parking lot has three (3) driveway accesses — One (1) from Mariposa Avenue; One (1) from Center Street; and one (1) from the Pine Avenue dead -end west of Nevada Street in the residential area. A petition dated August 3, 2003 was received by the City. This petition, signed by twenty -eight (28) residents, requested the City to close the existing Pine Avenue driveway (driveway) access to the Village shopping area. The reasons given for the request generally included safety concerns, use of the driveway by heavy trucks, near misses of vehicle /pedestrian accidents and the use of the general area by students of the Center Street Elementary and Middle Schools particularly during the morning drop -off and afternoon pick -up hours. Communitv Meetina of October 22.2003: The Traffic Committee, consisting of staff from the City Public Works and Police Departments, held a public community meeting to receive input from impacted residents and businesses. The City mailed over 250 notices of the meeting to the Village businesses and to impacted residents in the area, south of Mariposa Avenue and east of the Village, up to Washington Street. At this meeting, fifteen (15) people expressed their opinions. Seven (7) spoke in favor of the requested closure; seven (7) spoke against the closure (including one (1) from the agent of the owner of the Village property offering certain mitigation measures to address the resident's concerns); and one (1) had no particular position. The School District was'invited to the meeting but was not represented at the meeting. The comments received at this meeting are summarized as follows: A. Reasons given in support of closing the driveway: Several near miss accidents were observed by residents involving pets, school children, skateboarders and vehicles /trucks going in and coming out of the driveway. Page 1 of 3 si 47 Mary Strenn, City Manager Mariposa Village Driveway at Pine Avenue November 20, 2003 Page 2 (continued) 2. Vehicles using the driveway use it as a shortcut from Center Street and Mariposa Avenue to access the residential area east of the Village area. 3. Speeding of vehicles in Pine Avenue and running of the stop sign at the Pine Avenue / Nevada Street intersection. 4. Pine Avenue is not a designated truck route in the City General Plan but used by delivery trucks servicing the Village. 5. During the school morning drop -off and afternoon pick -up hours, the Village area has many school children and drop -off and pick -up traffic. 6. After closure for vehicles, pedestrian access from Pine Avenue to the Village must be maintained. B. Reasons given in opposition to closing the driveway. 1. Closure will be detrimental to the Village businesses. 2. Traffic on Center Street and Mariposa Avenue is the real problem and not the driveway. Closure of the driveway will divert traffic to these two (2) streets making the traffic on these two (2) streets worse. 3. Closure will inconvenience residents east of the Village and negatively impacts emergency response. 4. The Village had use of the driveway for many years and closing the driveway may constitute a "taking" of property rights resulting in the City compensating the Village property owner. 5. The owner of the Village property (through the property management agent) offered to implement some mitigating measures, such as enforcing that truck deliveries do not use Pine Avenue for access , install speed bumps adjacent to the driveway and reconfiguring the Village parking lot circulation if necessary. Note: Four (4) letters opposed to the closure and one (1) letter from the Village properties agent were also received by staff. The Traffic Committee's work indicated the following findings: Even though the City General Plan does not designate Pine Avenue as a truck route, the State Vehicle Code permits use of any City street by a commercial vehicle making pick- ups or deliveries of goods, wares and merchandise. It is noted that Mariposa Avenue and Center Street are also not designated as truck routes in the General Plan. 028 Mary Strenn, City Manager Mariposa Village Driveway at Pine Avenue November 20, 2003 Page 3 (continued) 2. A research of the Police Department records did not indicate any accidents on record at or adjacent to the driveway. 3. The City Fire Department has stated that the Pine Avenue driveway provides an additional access point for emergency vehicles and has recommended that if the driveway is closed, provisions be made to permit emergency access (drive through barricades for example) and access to the fire hydrant at the Pine Avenue dead -end. 4. A survey of the site by the Police Department did not indicate extraordinary usage of the driveway during the school student pick -up and drop -off times. 5. Closing the driveway would increase the existing traffic on Mariposa Avenue (currently 5,900 vehicles /day) and Center Street (currently 3,300 vehicles /day) by diverting traffic that would have normally used Pine Avenue to access the Village area. In the committee's opinion this increase will be insignificant. 6. Based on information available, the Committee could not make the finding that the driveway poses a traffic safety concern. Recommendations: The Committee could not make the finding that the driveway poses a safety concern in order to recommend closing the driveway. 2. The Traffic Committee recommends that the owners of the Village shopping area be given an opportunity to implement and enforce the mitigation measures offered bythem to address the resident's concerns. It is further recommended that a six (6) month trial period be established to evaluate the effectiveness of these measures. 3. Any future decisions to close the driveway should be based on a "quality of life" policy consideration for residential areas outside the purview of the Traffic Committee. BKD:dr Attachments: 1. Location map. 2. Petition requesting closure of the driveway 3. 4- Letters received by staff objecting to the closure. 4. 1 -Letter from the Village owner's agent offering mitigation measures. cc: David Johnson, Interim Director of Public Works Sgt. Al Graham, Police Department, Traffic Division k%""% W MU VdIMe Dr M ft 01 PM AM - MMy StrMn 029 ,ep ' 4 imaw r } I -PO .AVE 1�IIIIII -ii 111I1ml I IMP _ mil. •. r �rl f -: a.• Vl 'm Ott' cn cn _ ..�. A s L E PINE AVEE� r �'.. +4�� 7�` - ♦ Jim IkRIPOSA VILLAGE PARKING LOT 8/3/2003 The Honorable Mike Gordon, Mayor City of El Segundo 350 Main St. El Segundo, CA 90245 Dear Mayor Gordon. A serious safety issue continues to be allowed to exist at the west end of the residential cul- de-sac in the 1100 block of E. Pine Ave. For years our City Council has received complaints, but have failed to take the necessary action to close this driveway. There are several issues at hand. The first and foremost is safety. This hazard is exacerbated by the amount of pedestrian traffic specifically children going to and from Center St. Elementary, and the Middle Schools. (Both within 1 block of the driveway.) The use of the driveway by heavy trucks entering and exiting the Shopping Center via E. Pine Ave. is in violation of the cities truck traffic circulation plan. (As noted in the General Plan.) . You are aware of last year's accident where a driver exiting the shopping center at a high rate of speed totaled one, maybe two vehicles. It is not uncommon to witness cars zipping through this driveway at high speed, day and night. Near misses of can and trucks vs. children occur on a daily basis. It is only a matter of time before a fatality occurs. I have personally experienced nearly being hit, seeing my grandchildren nearly hit, and having my dog hit and seriously injured while crossing this driveway. This driveway allowing vehicular ingress and egress from a shopping center via a residential cul-de -sac should never have been approved. (If it was approved.) The attached petition was circulated by my neighbor Bill McCaverty and me on behalf of our neighbors, our children, our grandchildren, and all pedestrians. Please consider this a formal request to take immediate action to close this driveway to vehicular traffic. Sincerel�; i and y/ 1125 E. Pine Ave. El Segundo, CA 24 PETITION TO CLOSE E. PINE AVE. CUL-DE -SAC DRIVEWAY TO VEHICULAR TRAFFIC The undersigned neighbors recognize the increasing hazard to the safety of our school children and all pedestrians caused by delivery trucks and other vehicles entering and exiting the Mariposa Shopping Center via the L Pine Ave. residential cut:-de -sac. We respectfully request the City Council to take the necessary action to close this driveway to all vehicular traffic before a tragedy occurs. NAME ADDRESS SIGMA' DATE -PF_T1(L %HA2LA Kk I-) q ✓l's, f�� ✓� y�!%3 PA —, a-Lc-i . G/VAP, AvQo „2 f- F_. PINE A ✓E/ � ��. zy /a3 l-" . — \ t k ` Z-1 X16 -7, v2 55L11- A L cC`, Idle 3 PETITION TO CLOSE E. PINE AVE. CUL-DE -SAC DRIVEWAY TO VEHICULAR TRAFFIC The undersigned neighbors recognize the increasing hazard to the safety of our school children and all pedestrians caused by delivery trucks and other vehicles entering and exiting the Mariposa Shopping Center via the L Pine Ave. residential cuirde -sac. We respectfully request the City Council to take the necessary action to close this driveway to all vehicular traffic before a tragedy occurs. NAME ADDRESS SIGNATURE DATE 037 RECEIVED OCT S 2003 PU13LIC WORKS ENGINEERING /�fOJ 6D7 DD70 �rc:acmec� /�9f0/ 6D10ff6 City of El Segundo October 8, 2003 Public Works Department 350 Main Street El Segundo, California 90245 Attn: Bellar K. Devara City Engineer Re: Your Letter October 1, 2003 Mariposa Market Dear Mr. Devara: I read the referenced letter with great interest. It is true that there is a considerable safety hazard in and around the Mariposa Market. More specifically the problem has to do with children who frequent the area after leaving the Middle school. What is occurring is that the children are using the parking lot as a gathering place and engage in all types of disturbing activities including loitering even though there are prohibiting signs posted. It is my understanding that the police are hamstrung in that the City has not have the necessary anti - loitering statutes on the books. Additionally, parents are using the lot as a pick up place causing all sorts of traffic disruption in the afternoons. The only remedy currently available is to make daily calls to police dispatch, which is extremely annoying on both ends of the line. It is respectfully suggested that what is being prescribed, that is the closing of Pine Avenue might make things better for people for people in the adjoining cul -de -sac it would only serve to make the plight of the businesses in the center worse by creating an arena for the children and making access more difficult. Rather than blocking Pine Avenue it may be better to create the necessary enforcement tools for the police that would allow them to cite offenders. It is obvious that their occasional presence is not solving the problem.. Respectfully Submitted f " alter W Lee CC: Mary Strenn, City Manager Ken Schofield, Mariposa Market Andy Santamaria, Director of Public Works Sgt. Al Graham, Traffic Division, Police Department 034 Laurence and Sally Martin Studio Antiques 1160 E. Mariposa Avenue - 337 Richmond Street El Segundo, CA 90245 (310) 322 -3895 October 12, 2003 Bellur K. Devaraj City of El Segundo – Public Works Department 350 Main Street El Segundo, CA 90245 -3895 RE: Closure of Pine Avenue Access to Mariposa Village Dear B.K. Devaraj: RECEIVED 0 C T 14 2003 Pusuc WORKS EN6INEMNG We are in receipt of the notice regarding the closure of the Pine Avenue entrance to the Mariposa Village parking lot. Let us state immediately that we are opposed to this action. As you are aware, there are currently three entrances to this parking lot. It is imperative for the safety of our school -aged children and their parents as well as for the convenience of our customers that the Pine Avenue entrance remains open. During the day the two nearby schools, Center Street Elementary and the Middle School have hundreds of children entering and exiting the schools as well as conducting walking field trips throughout the day. It is a potentially very dangerous situation for the children as well as the drivers attempting to enter and exit the Mariposa Village shopping center. In addition to the heavy pedestrian traffic, there is considerable simultaneous vehicular traffic due to parent pick -ups. The businesses in the center open very early in the morning and remain open into the evening. We need to have access to our parking lot for our customers attempting to avoid these dangerous traffic situations. The Pine Avenue entrance provides our customers with an alternative entrance during the many times a day that there are literally dozens of children pedestrians and automobiles blocking the Center Street and Mariposa Avenue entrances., We understand that the residents on Pine Avenue don't wish to have vehicles traveling in their block. However, there is a far greater danger in limiting the entrance to the Mariposa Village parking lot to the Center Street and Mariposa Avenue entrances. We appreciate your consideration of our opinion. We don't want to have another accident similar to the one that occurred in the Rite Aid parking lot not long ago. Sincerely, cc: Mary Strenn Lj� /� — Andy Santamaria 1" Sgt. Al Graham Laurence & Sally Martin Ken Schofield Studio Antiques 0 3 J Phone: (310) 640 -6808 To: Mike Gordon, Mayor 350 Main St. William L. Pearson, M. A. P.O. Box 2331 1349 East Grand Ave. Unit F El Segundo, Calif. 90245 and Bellur K. Devara, City Engineer El Segundo, Calif. 90245 24 November 03' Subject: Example of an incident — Pine Avenue access to the Mariposa Village Dear Mr. Gordon and Mr. Devara, I am sending you this letter to inform you of a recent incident in which an emergency vehicle — El Segundo Para Medical team, made use of the existing driveway that links the Mariposa Village Shopping Center with Pine Avenue. On Friday the 2151 of November 03' at about 11:50 AM I observed the Para Medic ambulance heading North on Center Street in its emergency mode. The operator made an immediate right turn into the Village Center with lights flashing and accompanying warning sounds. The operator negotiated the Village parking lot and exited onto Pine Ave., making use of the driveway in question. Oddly enough, those receiving the emergency service were located at 1150 Pine Ave., the home directly opposite the driveway. I would also appreciate those residing at 1150 Pine Ave., who were the recipients of the emergency service, to keep in mind, that this is an example of how expeditious aid to their safety and well being is of less importance than the satisfaction gained for those who are promoting the driveway closure. In so much as my work does not permit me to attend City meetings, I would appreciate you offering this information for discussion. I would also appreciate hearing your position on this matter. Sincerely, William L. Pearson cc: Ken Schofield 036 RECEIVED Phone: (3) 10) 640 -6808 To- Mike Gordon, Mayor 350 Main St. William L. Pearson, M. A. P.O. Box 2331 1349 East Grand Ave. Unit F El Segundo, Calif 90245 and Bellur K. Devara, City Engineer El Segundo, Calif. 90245 Subject: Closure of the Pine Avenue driveway to the Mariposa Village Dear Mr Gordon and Mr. Devara, OCT 15 2003 PUBLIC WORKS ENGINEERING 7 October 03' I am sending you this letter to inform you of my objection regarding the proposed closure of the Pine Avenue driveway to the Mariposa Village Shopping Center. I have been a resident of El Segundo for the past 25 years, and I have also owned the Village Laundry since 1976'. It is from this long term involvement that I base my comments and concerns. I51 I am concerned about the arbitrary and capricious nature of this proposal. It appears to be driven by self interest, namely, the belief that ones property value will be enhanced, not community concern. That is, the driveway has existed for in excess of 40 years. Those individuals buying homes in the area did so knowing full well of the location of the Village and its points of access, and now they wish to change it for their own personal gain. 2 "d The driveway does provides convenient, as well as emergency and escape access for the neighborhood. 3`d The closure of the driveway would impact the traffic condition at the intersection of Mariposa and Nevada, where visibility and the increased traffic usage may create a hazardous situation 4" It should also be noted that any change to an existing locality eventuates modifications and alterations to the adjoining areas, all of which cost the community more time and money. Sincerely, 3► Dctober 18, 2( -�) ,7ity of -71 �'egundo ^ity Traffic Committee c/o Public ork^ Dept. 350 ^lain -treet ^1 ^Pgundo, California c0�45 -38 °5 -)ear ^,ommitten : DP : P- tition to close Pin- Av drivev.ay to ",',aripo!-a "larket ,%^ a rP-i(' -nt o-' the area P?st of the "Iarket who -u -o- this t1,riv -,av both coning and going at least once a day and Dome ti-��" t�•ic� a_ �?ay, I oppose this cloeinz. Thip- clo-ure ould rorcQ myn?l,r and neighbors out onto O'aripo ^a Av which iG a bury - treet. It would increase traffic at lariposa /California and Mariposa /Center where children going to and from echool- would be exposed to even more cars. Flea�e adviFe the City Council against this- request for closing the Fine Av driveway to "Mariposa ^4arket. - incerely, ''hirley J. V'ilen 525 1,ali°ornia "zt. �1 "Pgundo, ^a. 40 =45 -3 1? 0 j 8 1170 East Mariposa Avenue, Suite A El Segundo, California 90245 310 -322 -2828 Mariposa Village KEN SCHOFIELD public Hearing 10 -22 -03 Agent for Omer § Although the ownership /management of the Village has yet to be directly approached by any of the local residents in reference to specific concerns relative to traffic in /out of the East Pine Ave exit from our property, it is our understanding that the concerns being addressed here this evening are related to two issues: 1. Speed of passenger vehicle traffic exiting on to East Pine Ave. and the associated concern relative to the safety of children playing in the area, or adults, walking in the area. 2. Safety and noise concerns related to delivery truck traffic that uses the East Pine Ave exit following deliveries made to commercial tenants of the Mariposa Village. Based on what we believe are the concerns of the local residents and with the cooperation of the commercial tenants of the Village, the management is prepared to take the following remediation: 1. In order to reduce the speed of passenger vehicle traffic entering and exiting from East Pine Ave, we will work with the City of El Segundo to design and install speed reduction barriers immediately inside this driveway entrance /exit. 2. We will work to secure the commitment and cooperation of all commercial tenants in having all commercial truck traffic deliveries made by use of either the Center Street or Mariposa Avenue entrances /exits at all times. Additionally, we shall cause the parking lot to be re- striped should such be needed to allow for an orderly flow of traffic in the center. §§ In order to ensure that these measures adequately address the concerns of our local residents, and in a spirit of win -win, we propose the owner /management of Mariposa Village be given a 90 day period for evaluation of the effectiveness of these voluntary measures. During this evaluation period we welcome any cooperative comments, questions, concerns from local residents be addressed to us directly. We are open to this dialogue and to working with you to solve any safety issues that may arise due to our East Pine property. 039 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding a presentation by the Senior Housing Board 2004 Budget for the Park Vista Senior Citizen Housing Complex. RECOMMENDED COUNCIL ACTION: 1. Approve 2004 Budget for Park Vista Senior Citizen Housing. 2. Alternatively, discuss and take other action regarding this item. BACKGROUND & DISCUSSION: At the Senior Housing Board meeting of November 24, 2003, the Board approved the budget document for presentation to City Council at the December 16, 2003 meeting. The El Segundo Senior Housing Board is recommending Council's approval of the 2004 Budget for the Park Vista Senior Citizen Housing Complex. The current fiscal year concludes December 31, 2003. Rising costs have caused Park Vista to operate at a deficit each month. The El Segundo Senior Housing Board, together with CHMS Management Company, has prepared the most fiscally responsible budget for the upcoming year of 2004. The budget for the El Segundo Senior Housing Corporation reflects the second year of the four year plan of an annual 2% rent increase that will commence January 2004. The most significant increase in expenses is in the area of insurance; refer to line 6720 -0000. Additionally, utilities, cable television and other operating costs have increased. Anticipated annual revenue for 2004 is $466,989 (line 5999 -0000) and expenses are anticipated to be $515,425 (line 6897 - 0000). Capital expenditures in 2003 significantly decreased the reserve account. The total reserve balance as of December 1, 2003 is $239,294 and budgeted replacement expenditures for 2004 are $144,121 (line 6968- 0000). It has been necessary to withdraw from the reserve account to cover the monthly deficit; therefore, the Senior Housing Board is recommending a significant decrease in the periodic contributions to the reserve account. The Board continues to actively investigate methods to decrease expenses in a continuous effort to minimize financial impacts to the residents. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed 2004 Park Vista Senior Housing Budget FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINATED: ` DATE: Ve4te� �r.ema/Pfreksident Senior Citizen Housing Board RE E Y: - DATE: 4tlary Venn, City Manager �0�3 4 046 t 0 c c u i C c c C ! Z S u c f °c c Z 0 r c c c C c C C w O O O N Q d) U cn a °' z 0 ujm � c a cc Q a Q O CO a N � Y G. O a a` Q CO . U '0 N r- C7) tq co O N N ti 00 t. 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N W C C W Cl) Q 0 N cn t0 cm � U C m - Cl) C O N N w O a O -0 N O m O O N C O U 0 N f0 ca > co O E O U N L O L C O L 3 rn N .0 o -a = c � CU rn N O �p O C - � Y C � O fl p C N m (Q > L o -0 U c9 Q 0) CL Q � T O —vii Cn O m a- 2 O Q rn C a� O C) OCV m L V IU TO THE EL SEGUNDO CITY COUNCIL MEETING: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions & Boards AGENDA DESCRIPTION: Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2004. RECOMMENDED COUNCIL ACTION: (1) Direct Staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2004; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Pursuant to Government Code §54972, attached is the appointment list of the positions on CCBs that will expire in the year 2004, as well as background information on all CCBs. This information is posted at the beginning of each year at City Hall and the El Segundo Public Library, on Community Cable and advertised in the El Segundo Herald. This information is also made available to the public at the El Segundo Chamber of Commerce office, the Joslyn Center and Clubhouse. Application forms, the anticipated vacancies in the year 2004 and the background information list will be posted as of January 1, 2004, on the City's website at www.elsegundo.org. To apply to any CCB, potential candidates should contact City Hall at #524 -2302, for an application. The deadline for filing applications is 48 hours prior to the posted interview date. Interviews of candidates are set by the City Council when a sufficient number of candidates have applied to a position. Applications can be picked up from the Administrative Offices at City Hall, the Library, the Chamber of Commerce, Joslyn Center, George E. Gordon Clubhouse, the City's website or, upon request, will be mailed to interested persons. ATTACHED SUPPORTING DOCUMENTS: CCB Background Information, and Listing of the year 2004 vacancies on Committees, Commissions and Board. FISCAL IMPACT: N/A ORIGINATOR: Julia O. Abreu, Executive Assistant Date: December 10, 2003 J, euz"- REVIEWED BY: Mary Strenn, City Manager Date: December , 2003 5 BACKGROUND INFORMATION ON COMMITTEES /COMMISSIONS /BOARDS Capital Improvement Project Advisory Committee: (Public Works) is a 5- member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps). Members serve without compensation, for 4 -year terms, without term limits. The Director of Administrative Services and the Director of Public Works provide staff support to the committee. The committee assists in the development of the 5 -year Capital Improvement Program ( "CIP "). Each year staff proposes CIP projects for a 5 -year period. The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process. In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public. The committee generally meets at 7:00 p.m., on a weekly basis during the months of February, March, April and May, with the goal of finalizing its recommendations to the City Council in June. Community Cable Advisory Committee: (Recreation & Parks) was restructured in July 1994. It is a 5- member committee, composed of residents, who serve without compensation, for 4 -year terms, without term limits. The committee acts in an advisory capacity to the Community Cable Manager and the City Council regarding the policies and procedures surrounding governmental, educational, local origination, and community programming for channels 3 and 22 in the City of El Segundo. The Committee meets on the 2nd Tuesday of every month, at 7:00 p.m., in the Cable Studio at El Segundo High School. Economic Development Advisory Council: (Community, Economic and Development Services) is a spin -off of the City /Chamber of Commerce Business Retention & Attraction Task Force, originally established in 1990/91. The Committee was restructured in June 1994 by the City Council to implement the City's Economic Development Strategic Plan. It is a 9- member committee, whose members represent a cross - section of the community, and includes both residents and non - residents. The committee positions have no term expiration, and members serve without compensation. The committee's primary responsibility is to provide support and direction to staff, and to advise the City Council on business retention and attraction and implementation of the City's Economic Development Program. The committee meets on an "as needed" basis at City Hall. Investment Advisory Committee: (Treasurer /Finance) was established by Resolution #3764 dated June 2, 1992. This is a 4- member committee; two are automatic appointments — (City Treasurer and Director of Finance); the other two members (one of whom must be a resident of El Segundo) serve without compensation, for 4 -year terms, without term limits. The committee advises the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds. The committee meets at City Hall on the 3rd Tuesday in March, June, September and December. Library Board of Trustees: (Library) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 18910 et seq. The Board's 5- members must be 1 -year, or more, residents of El Segundo, who serve without compensation. Trustees serve for 3 -year terms and may not serve for more than 2 consecutive terms. The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups 04! 7 in the advancement of sound planning and programming. The board considers, reviews, edits, and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations forthe provision of adequate library services consistent with community needs. The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian. The board meets on the 2nd Tuesday of each month at 7:00 p.m., in the Library's Matsui International Meeting Room. Planning Commission: (Community, Economic and Development Services) was established pursuant to the Planning Laws of the State of California (Sec. 65100 - 65106) on August 20, 1946 by City Ordinance #300. The commission is comprised of 5- members who serve with minimal compensation, for 4 -year terms, without term limits. The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan; performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law; and, advises the City Council on those matters failing within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. The Commission meets on the 2 "d and 4th Thursday of each month, at 7:00 p.m., in City Hall Council Chambers. Recreation & Parks Commission: (Recreation & Parks) was established on March 23, 1938 by Resolution #448. It is comprised of 5- members, who must be residents of El Segundo. Commissioners serve with minimal compensation for4- yearterms, withoutterm limits. The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees. It makes recommendations to the City Council regarding level of services, policies and assists in implementing Recreation and Parks Department improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and in the acquisition and disposal of park property. The commission meets on the 3rd Wednesday of each month, at 7:00 p.m., in City Hall Council Chambers. Senior Citizen Housing Corporation Board: (Recreation & Parks) is a non - profit corporation formed in 1984 for the construction of the low- income housing facility for seniors, referred to as "Park Vista." The Board of Directors was established in 1986 to actively oversee the management, operation, maintenance, and finances of Park Vista. The Board enters into an operating agreement with the City Council, and enlists a management company to operate the facility. The Board, comprised of 7 directors, all El Segundo residents (per bylaws), serve without compensation, for 4 -year terms, without term limits. The Board meets on the 4th Wednesday of every month, at 7:00 p.m., at Park Vista, 615 E. Holly Avenue, El Segundo. Refer to Board Handbook, rev. November 1996. LAX Master Plan Advisory Commission: (Administration) was established on May 18, 1999 by Resolution #4114. It is comprised of 7 members, all residents of El Segundo. The commission positions have no term expiration, and the members serve without compensation. The commission was formed for the express purpose of assisting the City Council in reviewing the LAX Master Plan and opposing the expansion of LAX. The commission meets on an "as needed" basis. o4b CITY OF EL SEGUNDO LOCAL APPOINTMENTS LIST (COMMISSIONS, COMMITTEES, AND BOARDS) Positions to Open in Year 2004 Posted pursuant to Govt Code § 54972 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #310/524 -2302 TERM EXPIRES /OPENINGS MAY RECREATION & PARKS COMMISSION: (4 Yr Term — No Term Limit - All Residents) William McCaverty (reapptd 7/18/00 to 3rd 4 -yr term) 05/30/04 JUNE LIBRARY BOARD OF TRUSTEES: (3Yr Term — Max. 2 Term Limit - All Residents) Kathleen Coonan (apptd 713101 to unexpired term) 06/30/04 Donna McCarthy (apptd 7/3/01 to unexpired term) 06/30/04 PLANNING COMMISSION: (4 Yr Term — No Term Limitation) (All Residents) Cheryl Ann Frick (apptd 7118100 to 1s' full term) 06130/04 Janet Miller (apptd 7117102 to unexpired term) 06/30/04 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Don Mcllroy (apptd 811100 to 1st 4 -yr term) 06/30/04 John Nisley (apptd 811100 to 1st 4 -yr term) 06/30/04 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - All Residents) Patricia Ann Hart (reapptd 1215100 to 2"d term) 10/31/04 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business /3 Residents) Jason Aro ( apptd. 7/17/01 to unexpired term) 11/30/04 The following Committees /Commissions /Boards do not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply. LAX MASTER PLAN ADVISORY COMMISSION: (Ad Hoc — Indefinite Terms) 3 Openings due to resignations of Jack Kenton; Jeffrey Messinger; Allan Ruegsegger ECONOMIC DEVELOPMENT ADVISORY COUNCIL: (No term expiration) NONE POSTED: December 17, 2003 @ a.m. By: 049 O L T T m m D D T T ; ;u o o ' 'n - A A m -Di m u T u m m m z $ D .T7 M �o 0 O F O O n x M n N v m m DO s r zz 3 m z i m N V V V V Ol U U U U A W fJ N + + + + + ++ + O W Oo w N+ W N+ W+ U N N 10 m V g U A N+ VJ 0 OI A m 0 �rm CMM!lom� >T>ZODOT ;-i22DVV0DD41 -i0 0- >9"t�?)o- so -<0Amm °�nfna Z m m - - = y N z z r v m m-4 g y y 9 0 PA m c v v n m 0 my o��mocm���T ~OO9 .)t 0„ps��r Ww mNZZ C-_INC;mC �mmvOcmNr O��ZO yfril ;ZOK rm0y C m Ap Csiz�i� v rT ZOO zfn tnmym° mc W11- 0,4cm0ozzmm ;y CD =!54008mmCm -� -� rt01 m O D z A r; '" T D Z Z vyi cc my1 NZSm5v,c -1 °O NzZ0T m In y mmmi-loo Zy=1 Z0 y °° T$ „Z, m 0 C w 0 ° Z 00 Z ;0T�ZZy 0 m c z z Z r y T 0 y m z O T O C m Z m ° m m NN NVN AfJw N NO Ol Npp w (TN m D (7) CA V A + N O NmVI� V + •Zl (j pp W N A O f0 N m V w pp N V N W V A m O N m V m w O m 40 Om r Dca m rm N CDC aWO CD z A �O O z D 0 m O m v A 0 D fd O v M M M 3 v m J W N O w A m A y i m a a 0 ij D fd O v M M M 3 v m J W N O w A m A y i m a a 0 ij CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/21/2003 THROUGH 12/5/2003 Date 11/25/03 11/25/03 11/26/03 11/26/03 12/5/03 12/5/03 11/7-11/20/03 Payee Amount Federal Reserve Federal Reserve PGC El Segundo LLC Health Comp Employment Development IRS Workers Comp Activity DATE OF RATIFICATION: 12/16/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Description 1,000.00 Employee Savings Bonds EE 200.00 Employee Savings Bonds 1 32,000.00 Golf Course Payroll Transfer 628.24 Weekly claims 11/21 39,881.10 State Taxes PR 12 182,143.52 Federal Taxes PR 12 46,817.24 SCRMA checks issued 302,670.10 1115 03 Depu Trea urer Date IA�. /& .2- --� ry -5ir-edtor-46f Administrative Service Date �a d City Vanadur Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 302,670.10 u, 51 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon - Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present Present — arrived at 5:05 p.m. Present Present Absent CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se .) 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: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters Bressi v. City of El Segundo, LASC No. BC288292 Bressi v. City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 1 matter Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Police Management Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — RECESS — The City Council recessed at 6:55 p.m. to convene in Open Session at 7:00 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NCB, OK REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 2, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Fr. Charles Chilinda of Loyola Marymount University PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — Council Member McDowell, on behalf of the Mayor and Members of the City Council of the City of El Segundo, California, presented a proclamation to Betty Rubly proclaiming December, 2003 the month for Lighting Up the Community and inviting the residents of El Segundo to warmly welcome the members of the Park Vista Jet Setters as they judge the 2003 Lighting Up the Community program. Mayor Pro Tern Jacobs presented a Proclamation to Michael Barendse, CFO Loyola Marymount, in observance of Operation Teddy Bear, December 11, 2003. Council Member presented a Proclamation in keeping with an annual holiday tradition in El Segundo, to symbolically change name of the 1200 block of Acacia to Candy Cane Lane, to create a snow - covered Christmas Village for the period of December 13, 2003 at 7:00 pm through December 23, 2003. Mayor Pro Tern Jacobs presented a Commendation to Gary Wallace for his service on the El Segundo Community Cable Advisory Committee. ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell- Present Council Member Wernick - Absent 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 2 053 Liz Garnholz, resident, spoke regarding the Honeywell Site EIR, the naming of Imperial Vista, "Clutter's Bluff, the Parking In -Lieu Fee, and appointment of Mary Strenn as real property negotiator for the Douglas Street Improvement Project. Juli Potter, resident, spoke regarding the Honeywell Project, the 2003 -2003 Slurry Seal Project, and needed sidewalk repair at Palm and Main. Kitty Crowley, resident, spoke regarding the Honeywell project and the increased contract amount for Christopher A. Joseph & Associates. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding Contract Amendment No. 1 to a contract (No. 3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental Impact Report (EIR) with an accelerated schedule for the redevelopment of land owned by Honeywell and others located at the northeast corner of Rosecrans and Sepulveda. The amount of the amendment would be $40,480. Total cost of contract, including what was previously approved by the City Council, would not to exceed $295,636. The applicant of the project will pay the full amount of the contract. Mary Strenn, City Manager, gave a report. Mark Hensley, City Attorney, addressed the environmental issues raised during public communications and stated that various environmental agencies will be involved in the oversight of project. MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to authorize the City Manager to execute Contract No. 3257, Amendment No. 1, in a form approved by the City Attorney, with Christopher A. Joseph & Associates to prepare an expedited Project/Program EIR in an amount not to exceed $295,636. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding naming the Imperial Vista outlook project, Imperial Vista Park "Clutter's Bluff ". MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 3 054 Council Member Gaines gave a report regarding the history, development and completion of this project. Council discussed alternatives to approving the Recreation and Parks Commission's recommendation to name the new Imperial Vista Outlook Project, Imperial Vista Park "Clutter's Bluff". MOVED by Council Member Gaines, SECONDED to Council Member McDowell to name the location "Clutter's Park ". MOTION PASSED BY THE FOLLOWING VOICE VOTE: MAYOR GORDON, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: MAYOR PRO TEM JACOBS; ABSENT: COUNCIL MEMBER WERNICK. 3/1 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. 3. Approved Warrant Numbers 2537351 to 2537647 on Register No. 4 in the total amount of $1,331,875.36 and Wire Transfers from 11/07/2003 through 11/20/2003 in the total amount of $1,131,586.64. Authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments and wire transfers. 4. Approved City Council Meeting Minutes of November 18, 2003. 5. Adopted Ordinance 1370 amending the El Segundo Municipal Code regarding newsracks. 6. Adopted Resolution No. 4347 readjusting optional Parking In -Lieu Program fees in accordance with the El Segundo Downtown Specific Plan (DSP) and Ordinance No. 1368. 7. Adopted Resolution No. 4348 appointing the City Manager as the City's real property negotiator for the Douglas Street Improvement Project and authorizing the City Manager to approve contracts for acquisition of real property interests. (Estimated Cost $1,007,040) 8. Accepted the Park Vista Senior Housing exterior painting project (615 East Holly Avenue) — Approved Park Vista Operating Budget — Project No. PW 03 -05 (Final contract amount $82,300) as complete. Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 9. Accepted the project to install lining of sanitary sewer access structures — Approved Capital Improvement Program PW 03 -11 (Estimated Cost $66,170) as complete. Authorized the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 4 050 10. Approved Easement Agreement No. 3281 and Easement Agreement No. 3282 with Shell California Pipeline Company for the Douglas Street Gap Closure Project. (No Fiscal Impact). 11. Adopted Resolution No. 4351 amending Resolution No. 4162 regarding street sweeping in the 200 block of West Mariposa Avenue and the 500 block of Richmond Street and Concord Street. (No Fiscal Impact) 12. Adopted Resolution No. 4349 amending Resolution No. 4162 regarding the installation of 4 -way stop signs at the intersection of Holly Avenue and Bungalow Drive. (No. Fiscal Impact) 13. Awarded Contract No. 3283 in a form approved by the City Attorney, to Horizon Mechanical for installation of a chlorination system and eye wash at the Urho Saari Swim Stadium. (Contract amount $26,487) 14. Accepted the 2002 -2003 Slurry Seal of various streets — Approved Capital Improvement Program — Project No. PW 03 -06. (Final contract amount $124,704.86) project as complete. Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 15. Authorized the City's acceptance of a donation by the Hughes Electronics Corporation of one 2003 Chevrolet Suburban to the El Segundo Police Department. Approved budget for maintenance of the vehicle for the remainder of FY 2003/04. (Fiscal Impact $1,250) MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to approve consent items 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT. MAYOR PRO TEM JACOBS NOT PARTICIPATING IN ITEMS 5 AND 6 DUE TO A POTENTIAL CONFLICT REGARDING HER INTEREST IN A BUSINESS ON MAIN STREET AND ITEM 11 DUE TO A POTENTIAL CONFLICT REGARDING HER REAL ESTATE INTEREST ON VIRGINIA/MARIPOSA. COUNCIL MEMBER MCDOWELL NOT PARTICIPATING IN ITEM 12 DUE TO THE LOCATION OF HIS RESIDENCE. CITY MANAGER MARY STRENN IS CONFLICTED ON ITEM 11 DUE TO THE LOCATION OF HER RESIDENCE. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 16. Consideration and possible action regarding adoption of a resolution recognizing the need for a proactive program that will ensure the replacement of damaged or unusable sewer laterals during the development process of private property. Seimone Jurjis, Building Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 5 Mary Strenn, City Manager, responded to Council questions. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to adopt Resolution No. 4350 recognizing the need for a proactive program that will ensure the replacement of damaged or unusable sewer laterals during the development process of private property. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4.0. COUNCIL MEMBER WERNICK ABSENT. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the 4 -way stop on Holly and Bungalow, Tree Lighting and Downtown Project Ribbon Cutting on Thursday, December 4. Council Member Gaines — None Mayor Pro Tern Jacobs — None Mayor Gordon — Spoke regarding the Ground Breaking of the SAMS Project at the Air Force Base last week and the BRAC list. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Chuck Dederwater, Aviation Safety and Noise Abatement Committee, spoke regarding the Shute Mihaly report on the LAX Master Plan. Requested staff prepare synopsis of the major points made in that Report for public review. Dan Erhler, Executive Director of Chamber of Commerce, spoke regarding the 40th Annual Holiday Parade on Sunday, December 7, 2003 at 1:00 p.m. Juli Potter, resident, spoke regarding the sidewalk repair at Palm Avenue and Main Street. Also spoke regarding the Memorial Stones, Clutter's Park and LAX Master Plan. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 6 05 Liz, Garnholz, resident, spoke regarding Clutter's Park. Also spoke regarding the installation of fiber optics in Main Street and the street tree grates. Also spoke regarding the LAX Master Plan. Dick Van Vranken, resident, congratulated the Council and staff on the Downtown Improvement Project. MEMORIALS — Ken Brett, former El Segundo resident and outstanding professional athlete. CELEBRATIONS — The birth of Shelby Crane, daughter of Sandee Crane, Senior Librarian of Youth Services and Shawn Crane. And the birth of Noah Cole, born to proud parents Kristi and Karl von der Liden. Kristi is a City administrative analyst. CLOSED SESSION - NONE ADJOURNMENT at 8:15 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2003 PAGE NO 7 058 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action requesting Council consensus to cancel the January 6, 2004 City Council Meeting. RECOMMENDED COUNCIL ACTION: (1) Approve cancellation of the January 6, 2004 Meeting; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The date of the first regularly scheduled City Council meeting in 2004 is Tuesday, January 6. Because City Hall is scheduled to be closed for certain traditional holidays and because of the additional meeting workload and scheduled travel plans by staff and Council, it would be difficult to meet legal noticing requirements and to properly prepare for the meeting. It is my recommendation that Council approve the cancellation of the January 6, 2004 regularly scheduled meeting. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None ORIGINATED BY: DATE: t,a N11la w . Cindy Mortesen, City Clerk REVIEWED BYV DATE: Mary r , City Manager �r 0� EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of a two -year extension and amendment of the Memorandum of Understanding (MOU) between the City of El Segundo and the Supervisory and Professional Employees Association. RECOMMENDED COUNCIL ACTION: 1) Approve the two -year extension and amendment; 2) Adopt Resolution amending the current Memorandum of Understanding; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In June 2003, the Supervisory and Professional Employees Association approached the City with a request to reopen their current Memorandum of Understanding. In August 2003, staff and representatives of the Supervisory and Professional Employees Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the California Government Code, primarily for the purpose of discussing increasing medical costs. Agreement was reached on November 20, 2003. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Resolution approving two -year extension to Memorandum of Understanding 2) Tentative Agreement FISCAL IMPACT: Operating Budget: Amount Requested: $99,500 Account Number: Various Project Phase: 2 -Year Contract Extension Appropriation Required: X Yes No ORIGINATED: DATE: Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: lz Mary trenn, City Manager 06ri Background and Discussion: The existing MOU expires September 30, 2004. Staff's recommendation is to extend the existing MOU for 2 years with the new contract expiring September 30, 2006. The parameters of the contract extension include two cost of living adjustments of 2% to 4% effective October 2, 2004 and October 3, 2005 that is based on a nine -month average of the Consumer Price Index; an increase in medical contributions to make the City's medical contribution to the Association equivalent to that of the City Employee's Association; and the granting of agency shop. Management objectives achieved during the contract reopener include: An 80 %, 20% sharing of medical cost increases, beginning in January, 2006. A minimum of 5 years of service with the City of El Segundo in order to be eligible for paid retiree medical increase. The elimination of the final step in the Association's grievance procedure. An increase in the number of Association job classifications exempt from the payment of overtime compensation. The willingness to reopen the agreement to consider alternative medical plans. The total fiscal impact of the two -year contract extension is estimated to range from $239,200 to $343,200. The tentative agreement has been signed by all parties involved and is attached to this staff report. d8i RESOLUTION NO. A RESOLUTION APPROVING THE TWO -YEAR EXTENSION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO SUPERVISORY AND PROFESSIONAL EMPLOYEES' ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: Discussions which have taken place in the meet and confer process have resulted in a mutually agreeable two -year extension of the Memorandum of Understanding between the City of El Segundo and this Association; SECTION 2: Staff is authorized to implement all terms and conditions of the extension of this Memorandum of Understanding (entitled "agreement") between the City of El Segundo and The El Segundo Supervisory and Professional Employees' Association on or about December 16, 2003. A copy of that agreement summary is attached as Exhibit "A," and is incorporated by reference. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of December 2003. Mike Gordon, Mayor 1. 1 ) 6'4.' ATTEST: 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 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 16th day of December 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk 2. APPRO Mark D. By: Karl H. Berger, f Assistant `l6„ Not Contract Language Tentative Agreement Between the City of El Segundo ( "City) and the El Segundo Supervisory and Professional Association ( "Association ") 1. The term of the Memorandum of Understanding (MOU) shall be extended to commence on October 1, 2004 and end on September 30, 2006. 2. Compensation a. The City shall increase the salary schedule by the following amounts: 1) Effective October 2, 2004 increase the salary schedule by a Cost of Living Adjustment based on a floor of 2% and a ceiling of 4% and based on the average Consumer Price Index in the Los Angeles/Riverside /Orange County geographic area for the nine months December 2003 to August 2004. 2) Effective October 3, 2005 increase the salary schedule by a Cost of Living Adjustment based on a floor of 2% and a ceiling of 4% and based on the average Consumer Price Index to the Los Angeles/Riverside /Orange County geographic area for the nine months December 2004 to August 2005. 3. Effective January 1, 2004, the City's contribution towards medical coverage will be determined by the current average of the HMO's formula utilized by the City Employees Association. 4. Effective January 1, 2004, the City will contribute an amount toward vision, dental, and life insurance equivalent to the combined costs of these plans, which is $152.82. This contribution will remain non - PERSable. 5. Effective January 1, 2005, the City's contribution toward medical coverage will be determined by the current average of the HMO's formula utilized by the City Employees Association. 6. Effective January 1, 2006, the City's contribution toward medical coverage will be determined by the current average of the HMO's formula utilized by the City Employees Association. Any increase in medical costs above the rate in effect January 1, 2005 will be shared 80% by the City and 20% by the Association. 7. The City agrees to grant agency shop, effective with the start of the first payroll period in February, 2004. 8. The City and the Association agree to a schedule of retiree medical eligibility based on a minimum of 5 full -time years of City of El Segundo service. 9. The City and the Association agree to grant exempt status for the fob classifications of Administrative Analyst and Police Records Supervisor. 10. Over the term of this agreement, the Association is willing to reopen the agreement at the request of the City to discuss alternative medical plans. 11 The Association agrees to eliminate the final step of the Association's grievance procedure. 12. The City and the Association agree that should the City Employees Association or the Police Support Services Bargaining units in future contract negotiations be provided an enhanced PERS Retirement formula, e.g., 2.5% @ 55, 2.7% @ 55 or 3.0% @ 60, the Supervisory and Professional Employees Association would receive a salary increase in that year which is reduced by I% and would represent the cost of increasing the City's employee rate from 7% to 8 %. 13. Clean -Up Items Addition of language to the MOU which clarifies the City's obligation to provide uniform allowances for the Principal Fire Prevention Specialist and Crime Prevention Analyst VII. Update the listing of job classifications represented by the Supervisory and Professional Employees Association. Addition of language to the MOU regarding Jury Service for Union members. Update Article IV of the MOU to reflect the current PERS retirement formula, 2% @55. Update Article IV and VII of the MOU to reflect that Union members are entitled to 16 hours of holiday pay, per calendar year. 065 Signature Page for the Tentative Agreement between the City of El Segundo And the El Segundo Supervisory and Professional Employees Association. Signed by the City: Signed by the Union: (J)Wk ;)6G EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of five -year Memorandum of Understanding between the City of El Segundo and the El Segundo Police Managers' Association. RECOMMENDED COUNCIL ACTION: 1) Approve the Agreement; 2) Adopt Resolution approving Memorandum of Understanding; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In August 2003, staff and representatives of the El Segundo Police Managers' Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the California Government Code, for the purpose of obtaining a labor agreement. Agreement was reached during the first week of December 2003. ATTACHED SUPPORTING DOCUMENTS: 1) Resolution approving Memorandum of Understanding 2) Tentative Agreement. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Various Project Phase: Year 1 of 5 year MOU Appropriation Required: _Yes X No ORIGINATED: DATE: Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: 4n, MaeStr Manager 1 )__ -// - ©3 �� 10 Background and Discussion: The first year cost is estimated to be $36,519 based on a 3% guarantee in year one and is included in the FY 2003 -2004 budget, while the total fiscal impact over the five -year term of the agreement is $454,905. The total five -year package includes a 10% contingency, which is based on new business license and sales tax revenues generated over the five -year term of the agreement. If all or a portion of the contingency is not met, the total cost of the package will be reduced up to 10% or $121,730. The tentative agreement has been signed by all parties and is attached to this staff report. s.;b�5 RESOLUTION NO. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO POLICE MANAGERS' ASSOCIATION BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: Discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; SECTION 2: Staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "agreement ") between the City of El Segundo and The El Segundo Police Managers' Association on or about December 16, 2003. A copy of that agreement is attached as Exhibit "A," and is incorporated by reference. SECTION 3: The City Clerk is directed to certify the passage and adoption of this Resolution; enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 16th day of December 2003. Mike Gordon, Mayor 1. 06b ATTEST: I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 16th day of December 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk 2. APPROVED Mark D. HeO LM Assistant City Attgr`ney (Ii EXHIBIT "A" NOT CONTRACT LANGUAGE TENTATIVE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO ( "City ") AND THE EL SEGUNDO POLICE MANAGERS' ASSOCIATION ( "Association ") The term of the Memorandum of Understanding (MOU) shall commence on July 1, 2003 and end on June 30, 2008. 2. In Year One of the MOU, the City and the association agree to: A A 3% increase to the basic monthly salary schedule, effective July 1, 2003. B Preparation of a Comprehensive MOU to include the following: r PERS Disability Retirement and Appeal Procedures for local safety members. Y Annual fitness for duty medical examination protocols and procedures y Establishment of Employee IOD (inured on duty) policies and procedures. Revisions to the current "Tuition and Book Reimbursement Program ". Association sharing of costs for Los Angeles County Civil Service Commission costs, to a maximum of $3,000 per calendar year. y Prohibition against smoking and /or use of tobacco products by unit members hired on or after July 1, 1988 v Confirmation that current practice of shooting, physical fitness compensatory time off, and holiday pay for Lieutenants will be included in the Comprehensive MOU. r "Completion of Meeting and Negotiating" statement. Enumeration of all existing benefits Final copies of the above documents were provided to the Police Managers Association on December 3, 2003. Articles will be added to the Comprehensive Memorandum of Understanding to signify that the parties have agreed to such documents and policies. 3 A 3% increase in the basic monthly salary schedule, effective July 1, 2004 4 A 4% increase in the basic monthly salary schedule, effective July 1, 2005 5. A 5% increase in the basic monthly salary schedule, effective July 1, 2006* 6 A 5% increase in the basic monthly salary schedule, effective July 1, 2007* * Subject to item #8 below, may be decreased to offset cost of medical insurance premium increases. 071 7. Subject to the provisions of #8 below, 10% additional compensation (salary increases) over the last 4 years of the MOU contingent upon new business license revenues and new net sales tax revenues. ** The unit will receive a 1 % compensation increase for each $120,000 in increased new revenue (as defined in the MOU). Contingency is capped at 4.0% each year beginning with the October 2004 payment date. There will be no cap for the year ending October 2008, provided however, that the cumulative maximum contingency payment for the time period October 1, 2004 through October 1, 2008 may not exceed 10% ** Subject to item #8 below, the first .83% of contingency money will be used to offset cost of medical insurance premium increases. 8. In recognition of the anticipated increased cost of City paid medical insurance premiums, the compensation increases in this package will reflect a charge of .83% (first from any contingency increases, otherwise from salary increases in years 4 and 5 of the MOU). During the term of the MOU, either party may reopen the contract in order to consider alternatives to the PERS medical plan. The City agrees that it will only propose plans that provide for a cost - effective, comprehensive medical package for employees and their families (i.e., provides comparable benefits to current plan including portability). There will be no change in insurance plans prior to January 2006 without agreement of the parties. 9. The City and The Association agree that the 10% additional compensation over the last 4 years of the contract is contingent upon new business license revenues and new net sales tax revenues (collectively "New Revenues "). New Revenues are defined as business license revenues and sales tax revenues generated from businesses entering and doing business in the City for the first time after September 30, 2003 and does not include businesses doing business in the City as of September 30, 2003 that expand or transfer locations within the City or consolidate their business from locations outside the City to within the City; or new businesses that are formed after September 30, 2003 but are controlled or owned (majority interest) by businesses located in the City as of September 30, 2003; or mergers and acquisitions that in anyway involve businesses that were located in the City as of September 30, 2003 even if the resulting entity is an entity that was not located in the City as of September 30, 2003. Additionally, financial incentives of any type whatsoever to any business generating New Revenues and payments the City is required to make to any entity based upon the providing of such incentives shall be deducted from the New Revenues for purposes of determining the amount of revenues eligible for the contingent payments contemplated hereunder. New sales tax revenue will be determined by confirming with the City's sales tax consultant a list of new sales tax producers generated after September 30, 2003 and evaluated at the end of each fiscal year. For purposes of this Agreement "new sales tax producers" shall mean the same thing as new businesses, as described above. Any new sales tax counted toward the 10% contingency will be net of any revenue or offsetting costs that may be required by, or as a part of, a development or other tax sharing agreement. The Association agrees that it will not interfere with or otherwise impede the City's ability to enter into a tax sharing /reduction agreement or similar arrangement with new businesses. Contingency is cumulative and any eligible revenue generated beginning in year one will be designated to the contingency over the term of the contract. 10. Parties agree to work jointly to develop a comprehensive Memorandum of Understanding that contains all rules, regulations, policies and procedures currently in effect that relate to wages, hours, benefits and working conditions. 11 The City and the Association agree that during the term of this agreement, the City contribution for medical insurance will equal that provided to the El Segundo Police Officers Association. Any increase above the current $800 per month medical insurance contribution is non- PERSable and available for medical insurance purposes only. Signature Page for the Tentative Agreement between the City of El Segundo And the El Segundo Police Managers Association. Signed by the City: Signed by the Association: 0. 747 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a Professional Services Agreement with Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for the City's self- insured Worker's Compensation Program. RECOMMENDED COUNCIL ACTION: 1) Approve a three -year Professional Services Agreement, with an option to extend for two additional years, with Southern California Risk Management Associates; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Worker's Compensation Fund is an internal service fund to account for revenues and expenditures associated with the City's self- insured Workers Compensation Program. The City self- insures the first $350,000 of worker's compensation claim coverage and purchases excess insurance to cover expenses above that amount. Currently, the City utilizes the firm of Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for worker's compensation claims. Internal staff support and coordination of the City's Workers Compensation Program is principally provided by Human Resources staff. Litigated claims are handled by Derek Straatsma, Esq., a partner with the firm of Goldman, Magdalin and Krikes, with coordination and support provided by SCRMA's Senior Claims Examiner and the City's Human Resources Manager. ATTACHED SUPPORTING DOCUMENTS: 1) Scope of Work (Attachment A) 2) Schedule of Compensation (Attachment B) FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINATED: DATE: December 4, 2003 " 4 , /,) I /J" Z'_ Bret M. Plumlee, Director of Administrative Services REVIEWED BY: DATE: Mary St n, City Manager agenda 508 11 1175 BACKGROUND & DISCUSSION: The Worker's Compensation Fund is an internal service fund to account for revenues and expenditures associated with the City's self- insured Workers Compensation Program. The City self- insures the first $350,000 of worker's compensation claim coverage and purchases excess insurance to cover expenses above that amount. Currently, the City utilizes the firm of Southern California Risk Management Associates (SCRMA) to serve as the third -party administrator for worker's compensation claims. Internal staff support and coordination of the City's Workers Compensation Program is principally provided by Human Resources staff. Litigated claims are handled by Derek Straatsma, Esq., a partner with the firm of Goldman, Magdalin and Krikes, with coordination and support provided by SCRMA's Senior Claims Examiner and the City's Human Resources Manager. SCRMA has served as the City's third -party administrator since 1988 and its' current contract was awarded in 1999, following a formal Request for Proposal process. The current Request for Proposal process was initiated on October 16, 2003. Request for Proposal packages were sent to 10 firms and 6 firms submitted responses. Proposals from the 6 firms were evaluated by Administrative Services Department staff and input was also provided by the City's Workers Compensation Program attorney, Derek Straatsma. The following selection criteria was used to select the successful bidder: Established record of consistent professional service and reputation within the industry. y High quality references from public entities, particularly full service municipalities. Y Staffing and experience levels. Cost effectiveness of medical and legal cost containment services and activities. ➢ Overall cost - benefit advantages. The "Scope of Work" included in the Request for Proposal package was provided by the Independent City's Risk Management Association (ICRMA), a liability insurance Joint Powers Authority, of which the City is a member. Staff added to the "Scope of Work" that the City reserves the right to approve of the assignment of the primary claims examiner involved in the administration of the City's Workers Compensation claims. Southern California Risk Management Associates is the firm which staff is recommending for selection, based on the following reasons: SCRMA has served as the City's TPA since 1988, most recently having its' contract renewed in 1999, following a formal Request for Proposal process. Staff has been consistently satisfied with the quality of services provided by SCRMA over this 15- year period. :- SCRMA is located in Upland and operates exclusively within the State of California, and its' 270 public sector clients (74 cities) make up 85% of its' client base. The experience and documented performance of the Senior Claims Examiner assigned to administer the City's Workers Compensation claims. The Senior Claims Examiner is assigned a caseload consisting solely of Southern California cities and Fire Protection Districts. Prior to joining SCRMA, she had 11 years of experience as a claims examiner, employed at the City of Long Beach in its' Workers 076 Compensation unit. A successful audit, conducted by George Kingston for the City, within the last year. ➢ Positive feedback regarding SCRMA's claims examining staff provided by Bickmore Risk Services, the professional support group retained by ICRMA. Their extremely competitive, fixed price approach to contract costs. SCRMA will not increase its' costs in a contract year, regardless of any increase in the number of reported claims. As aggressive, seasoned, stand alone "fraud detection" unit. SCRMA is extremely well positioned to assist the City in our 2004 implementation of the new Risk Management Manual; to provide training for departmental Workers Compensation Coordinators and on -line imputing of Workers Compensation claims; and establishment of a City -wide Return to Work (modified, light duty) Program. The Professional Services Agreement reflects a three -year contract between the City and SCRMA, with a fixed price cost of $50,650 for the first year. The contract also provides an option to renew SCRMA's services for an additional two years, upon mutual consent of both parties. The Professional Services Agreement in Section 9, "Termination of Agreement ", also provides that the City upon 30 days written notice or 120 days by contractor written notice may terminate with or without cause this Agreement. Attachment A SCOPE OF WORK The ENTITY is interested in obtaining a TPA who will be able to favorably respond to the following performance objectives: 1. Caseload Each examiner shall have a caseload not to exceed 175 open indemnity claims. Each claims assistants shall have a caseload not to exceed 300 open medical only claims. The supervisor shall have a caseload not to exceed 75 open indemnity claims. 2. Forms TPA shall provide all forms necessary for the processing of benefits or claims information including the Employer's Report of Injury, DWC Form 1, medical service orders, return to work slips, lost time information reports, vouchers, checks, and other related forms. D. Claim File Set Up and Diary Review Upon receipt of the Employer's Report of Injury, the TPA will prepare an individual claim file within one working day for each claim. All claim files shall be reviewed at least every thirty (30) days for active claims and at least every six (6) months for claims that have settled but are open for the employee's future medical care. The examiner shall distinguish the regular diary review from routine file documentation in the computer notepad. The supervisor shall monitor the diary reviews by printing a "No Activity" report each month to identify any files that have fallen off the diary system. 4. Employer Contact The TPA shall immediately request the Employer's Report of Injury form when or if the Doctor's First Report of Injury is received first. If the DWC Form 1 has not been received by the TPA within one to two days after receiving the Employer's Report of Injury, the examiner will contact the ENTITY to ensure that the DWC Form 1 was given to the employee within one working day of knowledge of the injury. If a DWC Form 1 had not been given to the injured employee, the TPA shall immediately send the DWC Form 1 directly to the employee. 078 The TPA shall contact the ENTITY within twenty -four (24) hours of receipt of notice of a claim. Such contact with the ENTITY shall be documented in the computer notepad. When a claim reaches or exceeds $50,000 in total incurred value, the TPA shall report to the ENTITY every ninety (90) days regarding the status of the claim. Such report shall include the examiner's plan of action for the future handling of the claim. The examiner will provide on -site file reviews quarterly if requested by the ENTITY. Other periodic on -site file reviews will be scheduled based upon the needs of the ENTITY. 5. Employee Contact In all non - litigated, lost time cases, where the employee has not returned to work, telephone or personal contact will be established with the injured employee within twenty -four (24) hours of receipt of notice of claim. Such contact will continue as often as necessary, but at least monthly. Such contact with the employee shall be documented in the computer notepad. Return phone calls to employees will be accomplished within twenty -four (24) hours. All correspondence from employees will be responded to within five (5) days of receipt. 6. Reserves Reserves shall be established based upon the ultimate probable cost of each claim. All reserve categories shall be reviewed on a regular basis but not less than at least every ninety (90) days. Such review shall be indicated in the computer notepad. The examiner shall utilize a reserve worksheet which has been approved by the Local Agency Workers' Compensation Excess Joint Powers Authority pursuant to that JPA's Resolution Establishing a Claims Management Policy. Any changes to reserves shall include an explanation for the change. The claims assistant shall have the authority to establish reserves up to $3,000. An examiner shall have authority to establish reserves up to $50,000. A senior examiner shall have authority establish reserves up to $75,000. The supervisor shall have authority to establish reserves up to $150,000. A director, vice president, or president TPA shall review and approve all reserves in excess of $150,000. 7 Medical Administration The TPA shall select a panel of general practitioners, specialists, hospitals, and emergency treatment facilities to which injured employees should be referred, as approved by the ENTITY, and the TPA shall regularly review and update the panel. 07- The physician's office will be contacted within five (5) days of notice of claim. Such contact will continue as needed during the continuation of temporary disability to assure that treatment is related to a compensable injury or illness. The TPA shall maintain contact with treating physicians to ensure employees receive proper medical treatment and are returned to full or modified employment at the earliest possible date. The TPA shall maintain direct contact with medical service providers to ensure their reports are received in a timely manner. The TPA shall arrange medical evaluations when needed, reasonable, and/or requested in compliance with the current Labor Code. The TPA shall ensure that medical bills are reduced to the Relative Value Schedule (RVS) and recommended rates established by the Administrative Director of Workers' Compensation. The use of a service contractor, such as Allied Managed Care or Comp Review, is acceptable provided the ENTITY's approval is first obtained. The ENTITY shall pay for the use and benefits of the services provided; however, fees charged by the service contractor shall have been approved by the ENTITY prior to the provision of services. The TPA shall provide, at the ENTITY's expense, utilization review and/or professional managed care services on an as- needed basis to injured employees, provided the member city and/or ENTITY's approval is obtained prior to the provision of such service. 8. Medical Payments Medical bills will be matched to the file, reviewed for correctness, approved for payment, and paid within sixty (60) days of receipt. If all or part of the bill is being disputed, the TPA will notify the medical provider, on the appropriate form letter, within thirty (30) days. 9. Plan of Action Each claim file shall contain the examiner's plan of action for the future handling of that claim. Such plan of action will be identified in the computer notepad. 10. Investigation The TPA shall subscribe to the Index Bureau. The examiner shall request a report from the Index Bureau on all new indemnity claims. Subsequent requests should be made every six to twelve months thereafter on all active indemnity claims. 080 11. Compensability The compensability determination (accept claim, deny claim, or delay acceptance pending the results of additional investigation) and the reasons for such determination will be made and documented in the file within three (3) working days of the receipt of the notification of the loss. Delay of benefit letters shall be mailed in compliance with the Division of Industrial Relations' guidelines. In no case shall a final compensability decision be extended beyond ninety (90) days from the ENTITY's knowledge of the claim. 12. Provision of Benefits The TPA shall provide all compensation and medical benefits in a timely manner and in compliance with the statutory requirements of the California Labor Code. The TPA shall compute and pay temporary disability benefits to injured employees based upon earnings information and authorized disability periods. The TPA shall review, compute, and pay all infonnal ratings, death benefits, findings and awards, life pensions, or compromise and release settlements. However, all such benefits shall be paid by the ENTITY from the established trust fund. 13. Initial Indemnity Payment The initial indemnity payment or voucher will be issued and mailed to the injured employee together with a properly completed DWC A within fourteen (14) days of the first day of disability. Late payments must include the self - imposed 10% penalty in accordance with Labor Code Section 4650. 14. Subsequent Indemnity Payments All indemnity payments or vouchers subsequent to the first payment will be verified, except for obvious long -term disability, and issued in compliance with Labor Code Section 4651. 15. Return to Work The TPA shall provide assistance to the ENTITY in establishing a modified work program which is appropriate for injured employees while recovering and prior to their return to regular duties. The TPA shall consult frequently with the ENTITY in those cases where the injury residuals might involve permanent work restrictions and/or retirement potential. o8l 16. Transportation Expense Transportation reimbursement will be mailed within five (5) days of the receipt of the claim for reimbursement. Advance travel expense payments will be mailed to the injured employee ten (10) days prior to the anticipated date of travel. 17. Permanent Disability The TPA shall explain and assist injured employees in completing the necessary forms to obtain a permanent disability rating. The TPA shall determine the nature and extent of permanent disability and arrange for an informal disability rating whenever possible to avoid Workers' Compensation Appeals Board litigation. All permanent disability benefit notices shall be sent to the employee as required by the Labor Code. 18. Litigated Cases The TPA shall promptly initiate an investigation of issues identified as material to potential litigation. The ENTITY shall be alerted to the need for an outside investigation as soon as possible and the examiner shall appoint an investigator who is acceptable to the ENTITY. The ENTITY shall be kept informed on the scope and results of all investigations. When defense counsel is not necessary, the TPA shall work closely with the applicant's attorney in informal disposition of litigated cases. All assignments to outside counsel will be done with the ENTITY's authorization and consent. In conjunction with the ENTITY, the TPA shall monitor the outside counsel's progress. The TPA shall audit all bills before payment. Settlement proposals directed to the ENTITY shall be forwarded by the TPA or defense counsel in a concise and clear written form with a reason(s) for such recommendation. All preparation for a trial shall involve the ENTITY so that all material evidence and witnesses are utilized to obtain a favorable result for the defense. The supervisor or the examiner shall attend Workers' Compensation Appeals Board hearings, rehabilitation hearings, meetings with defense counsel, and meetings with member cities' staff, departments, and employee groups as necessary and as requested to do so. 0 L� ci 19. Settlements The TPA shall obtain the ENTITY's authorization on all settlement or stipulations. All requests for settlement authority shall include a written claim summary, estimate of permanent disability, and the defense counsel's comments and recommendations, if any. 20. Subrogation In all cases where a third party is responsible for the injury to the employee, the TPA will send a letter to the ENTITY indicating they will pursue subrogation unless instructed otherwise by the ENTITY. When subrogation is to be pursued, the third party shall be contacted within ten (10) days with notification of the ENTITY's right to subrogation and the recovery of certain claim expenses. If the third party is a governmental entity, a claim shall be filed with the governing board within six (6) months of the injury or notice of injury. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the ENTITY will be entitled. If the injured worker brings a civil action against the party responsible for the injury, the TPA shall consult with the ENTITY about the value of the subrogation claim and other considerations. Upon receipt of the ENTITY's authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action. Whenever practical, the TPA should take advantage of any settlement in a civil action by attempting to settle the workers' compensation claim by means of a third party compromise and release. If such attempt does not succeed, then every effort should be made through the WCAB to offset claim expenses through a credit against the proceeds from the injured worker's civil action. 21. Vocational Rehabilitation Determination of the Qualified Injured Worker/Non- Qualified Injured Worker status shall be made in accordance with Labor Code Section 4637. The TPA shall advise the injured worker of his/her rehabilitation benefits in accordance with the Rules of the Division of Workers' Compensation, within ten (10) days of knowledge of medical eligibility. The TPA will: a. make timely referral to a Qualified Rehabilitation Representative in accordance with Labor Code Section 4637, b. control rehabilitation costs, and c. secure the prompt conclusion of vocational rehabilitation benefits. 22. Claim Reconciliation All claim files shall be reconciled to ensure all medical, indemnity, and expense payments have been made correctly. The reconciliation should verify that payments were made to the correct provider, in the correct amount, and from the correct claim file. The physical file should be verified with the computer information. All open claim files shall be reconciled 1) any time there is a change from one benefit to another (e.g., from temporary disability to permanent disability), 2) when ten indemnity checks have been issued, or 3) at least annually. Proof of the reconciliation should remain in the claim file. 23. Excess Insurance Cases that have the potential to exceed the ENTITY's self - insured retention shall be reported in accordance with the reporting criteria established by the Local Agency Workers' Compensation Excess Joint Powers Authority (LAWCX) and any other excess insurance policies. All cases which meet the established reporting criteria are to be reported within ten (10) days of the day on which it is known the criterion is met. 24. Award Pavment Payments on awards, computations, or compromise and release agreements will be issued within ten (10) days following receipt of the appropriate document. 25. Penalties The ENTITY will be advised of the assessment of any penalty for delayed payment and the reason thereof and the TPA's plans for payment of such penalty within five (5) days of assessment. 26. Case Closure The TPA shall close all claims on which all medical and compensation benefits have been provided within a reasonable amount of time. Claim files shall not be allowed to go without examiner attention for a period of time longer than six months. Medical only claims shall not remain open longer than six months without good cause. Medical only cases must be closed within sixty (60) days from the date the letter went to employee indicating there is no permanent disability. The TPA will monitor stipulated cases with future medical provisions. Reserves for future medical will be reviewed semi - annually and adjusted according to use. 27. Loss Runs The loss run shall be issued by the 17`h of the month following the closing date. Any corrections that are requested to be made to the loss run shall be made within thirty (30) days. Requests for status of claims generated by the ENTITY shall be provided within thirty (30) days. 28. Claims Reporting The TPA shall maintain all loss information as required by the Workers' Compensation Insurance Rating Bureau. The TPA shall assist in the preparation of all reports which are now, or will be required by the State of California or other government agencies with respect to self - insurance programs. The TPA will also assist in the preparation of all reports or databases required by the California Institute for Public Risk Analysis (CIPRA) or other statistical database organizations as requested by the ENTITY. 29. Record Retention All claim files shall be maintained in accordance with statutory time requirements and the ENTITY's Record Retention Policy. 30. Claim Supervision The TPA shall provide supervisory staff who will regularly review the work product of the claims examiners. The supervisor shall review at least ten percent (10 %) of each examiner's case load each month to ensure each examiner is following the performance standards outlined in this RFP. In addition, the supervisor shall conduct a regular quarterly review of all open indemnity claims with reserves in excess of $50,000 and all problem or complex claims. 31. Availability of Personnel The TPA shall at all times, have one or more of the examiners assigned to the ENTITY's dedicated unit, or in their absence, the supervisor or Vice President of Workers' Compensation available by telephone for emergencies through a 24 -hour emergency telephone number. The TPA shall ensure at least one or more of the examiners assigned to the ENTITY's dedicated unit is on -site and available to the ENTITY every business day throughout the term of the contract period. 085 The ENTITY reserves the right to approve of the assignment of the primary claims examiner involved in the administration of the ENTITY'S claims. 32. Examiner Training The TPA shall ensure each claims examiner handling the ENTITY's claims will receive continuing education training each year. TPA shall annually certify this in writing. 33. Member Services The TPA shall provide special on -site training services annually to personnel from the ENTITY to ensure that the people within the ENTITY who process workers' compensation claims are effectively carrying out the procedures required for a successful program. A copy of the ENTITY's claims manual should be readily available for review by the appropriate ENTITY staff or representative. The TPA shall require its examiners or other TPA personnel, as necessary, to attend the ENTITY's regularly scheduled Board of Directors meetings to report on the general state of the program since the last meeting and on any particular cases of interest to the Board. The TPA shall require the supervisor or other TPA personnel, as necessary, to attend the ENTITY's monthly Executive Committee meetings to report on the general state of the program since the last meeting and on any particular cases of interest to the Executive Committee. The TPA shall require one of the dedicated unit examiners to meet with ENTITY personnel, at the ENTITY's location, at least once annually to review program procedures regarding workers' compensation reporting requirements and other program matters that require the timely participation of the ENTITY's personnel. The TPA shall require an examiner to be available and readily respond to an ENTITY's request for assistance with problem cases, including on -site visits to the city. The TPA shall provide the ENTITY with information regarding statutes, proposed changes to statutes, and changes to the rules and regulations affecting the ENTITY and its responsibility as a legally uninsured workers' compensation authority. The TPA shall develop and recommend policies and procedures in areas such as pre- employment physicals, work restrictions, and disability retirement, as required by the ENTITY. 34. Employee Services As required, the TPA will develop, for review by the ENTITY, materials which will provide information and guidance to member cities' employees regarding workers' compensation and the self - insurance program. 086 As required, the TPA will meet with and assist injured employees in resolving problems that arise from injury or illness claims. 35. Audit The ENTITY, at their options, shall have the right to have a claims audit performed on a random selection of files once yearly. The audit will be generally directed to the following areas: 1. Compliance with contractual and fiducially obligations; 2. Compliance with the ENTITY'S performance standards; 3. Application of all current W.C.A.B. rules and regulations and case law; 4. Accuracy of computer loss runs and records. 35. Case File Review A quarterly meeting shall be held between the TPA and the ENTITY staff. This review will be primarily directed to the evaluation of open indemnity claims including litigated cases. The purpose of the review shall be to outline losses and identify problems, examine reserves, identify current trends, discuss changes in the Labor Code, apply new case law to existing claims, discuss the need for improving or altering claims management, and to make recommendations for improvement in communication between the claims examiner and the ENTITY. U81 Attachment B SCHEDULE OF COMPENSATION Year One: A fixed annual fee of $50,650 Year Two: A fixed annual fee of $57,650 Year Three: A fixed annual fee of $64,650 Years Four and Five: An option to extend the contract up to an additional two years, based upon the mutual agreement of the City and SCRMA. WE EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action awarding contract to Sequel Contractors, Inc., for Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard — Project No. PW 03 -17 — Approved Capital Improvement Program — (Contract amount = $69,677.50). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $69,677.50; (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 18, 2003, the Council adopted plans and specifications forthe Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard, and authorized staff to advertise the project for receipt of construction bids. The proposed work includes grinding and overlaying deteriorated portions of the pavement, and slurry sealing and re- striping the entire roadway. On December 9, 2003, the City Clerk received and opened five (5) bids. Staff recommends award of contract to the lowest responsible bidder, Sequel Contractor's, Inc. The total cost of this project, including construction contingencies, is $80,000. ATTACHED SUPPORTING DOCUMENTS: 1. Bid results. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $95,000 (FY 2002 -2003) $80,000 106- 400 - 8203 -8606 Award of contract No DATE: December 9, 2003 n, Director of Public Works REVIEW D BY DATE: 11: dola Ma Stre Citv Manaaer 20031216 — Award Contract for Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard 12 BID RESULTS Name of Company: Sequel Contractors, Inc. Shawnan PALP (dba: Excel Paving Company) Silvia Construction All American Asphalt Bid Amount $ 69,677.50 $ 78,151.00 $ 96,526.70 $106,796.80 $123,923.00 20031216 — Award Contract for Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard 00 i M ti N 1 O W I A1Nf1O0 S3'13ONV S0� AMA 3NUGH1MVH d0 A110 cr r Z 1 0AIN 00310 NVS = ~ Q I Y03N31] Y U w U) W W �� 1 O U- y N 6 6 N G 3AV 5151 A II II II I I I I II I A I LJLILIU U�LILJ r _—Icv, OA1B U N011111A11 Lm tl A s t 1 V ti m 2 apuno AIID 1103 40 AW 1 131NYOH — itp ° > > NAM CL 3 3 I i 3Ar OON003tl J � svIon(o)0 rYJ1W0 a t � s W 1VYO] =O e $ • 31rAlYdl AM Q S r OY A31f101 ' * 1Y1N3NI1N0]1 z¢ m ` 3MI1 N33HO < Otl13tt 3 \� 1s 011odV' z a6 h — AS y K —� %svH d• MYrd ? U w N i w J > (31VABfd1 lVl N3NLLN0� 1L� AVM m w C9 p- AVM swonH ----- 0 03111V \\ j z z j `. 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EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action for appropriating $10,000 in grant funds from the California Department of Conservation (Fiscal Impact = $10,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Appropriate funds; and (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Department of Conservation has made available $1,000,000 to promote increased recycling of beverage containers throughout California. In December 2002, the City Council approved a resolution authorizing the City Manager to apply for funding from the California Department of Conservation and supplement the City's budget for fiscal year 2002 -2003 to appropriate these grant monies. The grant funds were applied for in fiscal year 2002 -2003, although the funds were not received until fiscal year 2003 -2004. The funds need to be appropriated in the current fiscal year. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required ORIGI D R 0 $ -0- $10,000 001 - 300 - 0000 -3703 and 001 - 400 - 4206 -6238 N/A Yes (offset by the revenue of the grant) son, Interim Director of Public Works , City Manager DATE: December 9, 2003 tl DATE: 20031216 — Appropriating $10,000 in Grant Funds 13 from the California Department of Conversation 094) EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 16, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding allocation of $45,897.78 from the Fiscal Year 2003 -2004 Facilities Maintenance Fund and approval of Change Order No. 1 in the same amount of $45,000 for the Roof Structure for Storage Bins at the Maintenance Facility (150 Illinois Street) — Approved Capital Improvement Program — Project No. PW 01 -21 — (Fiscal Impact = $45,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize an allocation from the Fiscal Year 2003 -2004 Facilities Maintenance Fund in the amount of $45,000; (2) Approve Change Order No. 1 in the amount of $41,897.78; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City Council, on April 15, 2003, awarded a $160,000 contract to S.H.E. Construction for construction of a roof structure for storage bins at the Maintenance Facility. The project includes the installation of roof structures over the existing construction material bins to prevent the stored construction materials from contaminating the storm drain system and to screen the storage bins from public view. (Background & Discussion continues on the next page.....) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Capital Improvement Program: $170,000 Amount Requested: $215,897.78 Account Number: 301 - 400 - 8201 -8510 and 405 - 400 - 0000 -6215 Project Phase: Approval of Change Order No. 1 Appropriation Required: Yes -- $45,897.78 from account no. 405 - 400 - 0000 -6215 W JT BY DATE: December 9, 2003 nson, Director of Public Works BY: DATE: in, City Manager / "j9 20031216 — Allocation of $45,000 from FY 2003 -04 Facilities Maintenance 14 Fund and Approval of Change Order No 1 in the amount of $41,897 78 for the Roof Structure for Storage Bins at the Maintenance Facility — PW 01 -21 l ,l f .,V—aI BACKGROUND & DISCUSSION: (continued) During construction, it was determined that added support was needed for the connection to the south building, 5/8" steel plates were required to protect the back and side cinder block walls of the bins to prevent damage from the equipment moving in and out, and modifications required to the steel channel members and roof gutter system. These additions /modifications resulted in a change order in the amount of $45,897.78 as follows: Install galvanized plate, channel retrofit post connection, retrofit corner post bracket, and weld 6 brackets to channel at existing south building. Modify steel channel members for new fireproofing wall. Install additional5 /8" plates to protect back and side walls of bins. Install expansion joints and modify Roof gutter sizes, slopes and downspouts. Total Change Order No. 1 + $ 5,474.00 $10,530.23 $25,893.55 $ 4,000.00 $45,897.78 20031216 — Allocation of $45,000 from FY 2003 -04 Facilities Maintenance Fund and Approval of Change Order No 1 in the arriount of $41,897 78 for the Roof Structure for Storage Bins at the Maintenance Facility — PW 01 -21 :� EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution supporting the Coastal Corridor Transportation Initiative, including requesting $5.3 Million TEA 21 funds be reauthorized to begin implementation of the Initiative — (No fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt resolution; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Coastal Corridor study area is generally bounded by the 1 -10 Freeway to the north, Western Avenue to the east, Pacific Coast Highway to the south, and the west coast line. Several agencies (attached list) have initiated a study to identify transportation deficiencies and congestion along major transportation corridors in the study area and to develop a strategy for funding future improvements (currently estimated to total $302 million) to address these deficiencies. The South Bay Cities Council of Governments ( SBCCOG) has adopted a resolution supporting the Coastal Corridor Transportation Initiative. SBCCOG is also requesting all member Cities to adopt similar resolutions supporting the initiative. The enclosed resolution has been prepared in the same format as the resolution adopted by SBCCOG. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution. 2. Map of the coastal corridor study area. 3. Participating agencies. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: „ ORIGINATED DATE: December 9, 2003 Ay David/ o nson, Interim Director of Public Works DATE: ' �v Wry S n, City Manager 20031216 — Adopt a Resolution Supporting the 15 Coastal Corridor Transportation Initiative x195 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING THE COASTAL CORRIDOR TRANSPORTATION INITIATIVE WHEREAS, the Coastal Corridor Transportation Initiative is a cooperative effort by the South Bay Cities COG and the West Side Cities, in partnership with regional transportation agencies and the private sector; and WHEREAS, a safe and efficient functioning multi -modal transportation system is essential to the quality of life and economic vitality of the South Bay cities; and, WHEREAS, for the purposes of this initiative, the SBCCOG, in consultation with West Side cities and regional transportation agencies, selected a focused study area along the South Bay coastal corridor area, generally bounded by the 1 -10 Santa Monica Freeway to the north, from 1 -10 to Slauson Avenue, east on Slauson Avenue to Arlington Avenue, south on Arlington Avenue to 1 -105, east on 1 -105 to Western Avenue, south on Western Avenue to Pacific Coast Highway. This area was determined to include the heart of the South Bay transportation system as well as areas beyond its boundaries that influence mobility within the South Bay; and WHEREAS, the goal of the Coastal Corridor Transportation Initiative is to develop a "portfolio" of projects which constitutes a comprehensive and strategic approach to matching transportation investments and policies to expected growth and changing land use patterns in the Coastal Corridor; and, WHEREAS, Phase 2 of the Coastal Corridor Transportation Initiative has identified approximately $300 million of improvements needed to address current and projected system deficiencies and includes projects identified from other SBCCOG initiatives such as the Rosecrans Corridor and 1 -405 studies; and WHEREAS, this "portfolio" of project was developed in a "bottoms -up" approach that included participation by all the cities in the Corridor; and, WHEREAS, this "portfolio" of projects is comprised of a multi -modal array of projects, including: locally- identified arterials; freeway and freeway ramp; transit; grade - crossings; and bikeways; and, WHEREAS, grouping these improvements together into the "Coastal Corridor Transportation Initiative" will better enable the SBCCOG, its member cities and the Westside Cities to compete for Federal, state and regional transportation funding: Resolutions4Supporenp the Coastal Corridor Transportation Initiative (12-04 -03) 0 9 6 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The City Council of the City of El Segundo hereby expresses its support for the Coastal Corridor process and the Coastal Corridor Transportation Initiative; and 2. The City Council of the City of El Segundo requests that the Coastal Corridor Transportation Initiative be included in the 2004 SCAG Regional Transportation Plan, as well as the next update of the MTA Long Range Plan; and 3. The City Council of the City of El Segundo supports a request to the South Bay and West Side Cities Congressional delegation to include $5.3 million in TEA -21 reauthorization to begin implementation of the Coastal Corridor Transportation Initiative, with the understanding that these funds will be used to develop funding strategies and to coordinate and advance specific corridors and projects within the Coastal Corridor; and 4. The City Council of the City of El Segundo expresses its support for the Coastal Corridor Transportation Initiative to SCAG, MTA and members of the South Bay and West Side Cities Congressional delegation. 5. The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original Resolutions; and makes a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. 6. This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance. PASSED, APPROVED and ADOPTED this 16th day of December, 2003. Mike Gordon, Mayor of the City of El Segundo, California Resolutions \Supporting the Coastal Corridor Transportation Initiative (12 -04 -03) 097 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. 4162 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 2nd day of December, 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AST F _ Mark D. Hens le C' rr By. j Kbrl H. Berger Assistant City Attor ey ResolueonsZupporling the Coastal Corridor Transportation Inttiatnre (12 -04 -03) 098 The Coastal Corridor e RK- San" LU ul City// } \•w_ .,ate =� -- "'°•'�.` «� '`e �- _ t - r SLAUSON4VE II -T Marina del Rey Los Angele LU > < ng lew LU LAX Pacific Ocean Hawthor El Segundo Ga ena� Manhattan Beach Lawndal� -4; Hermosa Beach Il Torrance, Ly LEGEND Redondo Beach IN eammum Study Area Boundary z Ali C0 LU 0 Lo� a - --)Palos Verdes Estates 095 g, , �w� a tang JU risdi-et'loh" s'J'Aclef wA ..� I es • Culver City • El ,S undo • 9 Gardena • Hawthorne • South Ba-'Y 'C ities Council of Govts. West S!Oe cities • Hermosa Beach' EI Segundo �,Emplpyers • Inglewood w M Atto- dia-Von (ESEA} • Lawndale • Lomita • Los Angeles • Manhattan Beach • Redondo Beach • Torrance • Santa Monica • County of Los Angeles • Southe"r'n'iba'lif. Association of Govts. ,�SCA�} • Caltrans • Los A-nge4es County MT► 100 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a long -term lease agreement between the City and the El Segundo Boy Scout Association granting the Scouts access to land located at 325 Grand Avenue RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor to execute the attached lease agreement between the City and the El Segundo Boy Scout Association; 2) Authorize staff to finalize plans for the proposed El Segundo Skate Park; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 6, 2003, the City Council directed staff to negotiate new long -term lease that would meet the needs of the Scouts and provide the City with the land necessary to construct the proposed skateboard park facility. Representatives of staff and the Boy Scout Association reached accord on the attached lease agreement. The attached agreement reflects the goals stated by the Council last May regarding the proposed construction of a Skate Park facility on vacant property immediately east of the Scout House facility at 325 Grand Avenue. In addition, it provides the Scouts with a 50 -year lease and provides for a suitable activity yard to replace the area that the City intends to use for the construction of the skateboard park facility. (Please see attached page marked "Discussion and Action ") ATTACHED SUPPORTING DOCUMENTS: Lease agreement between the City of El Segundo and the El Segundo Boy Scout Association. FISCAL IMPACT: Operating Budget: $397,050 Amount Requested: Account Number: 301 - 400 - 8202 -8989 Project Phase: Design Appropriation Required: _Yes X No /Ka/0 Mary Str n, City Manager -3 16 101 Background and Discussion (con't): The attached agreement includes the following provisions: ■ Effective January 2004, the City regains use of the vacant parcel which lies immediately east of the Scout House; ■ The City will utilize that parcel to construct the planned El Segundo Skateboard Park facility. ■ The Scouts are granted a fifty -year lease on the parcel for the current payment of one - dollar per month; ■ The Scouts will lease land which lies just west of the current parking lot for the facility which would be used for open space activities; ■ The City will provide improvements on area just west of the Scout House facility that includes the creation of a level activity area and fencing around that area; ■ The Scouts will have access to land on the sloped area just north of the current Scout House facility for the purpose of constructing an approximately 2,500 square -foot meeting facility; Staff estimates the cost of the improvements required to create a level activity area west of the Scout House and provide additional fencing to be approximately $50,000. The current amount remaining in the skate board park construction fund is $397,050. The additional improvements spelled out in the lease agreement will be incorporated into the final design of the project. The current budget may be sufficient to cover those costs. Accordingly, rather than request an additional appropriation at this time, staff will address any budget issues that may arise after bids are received on the project. It is anticipated that final plans and specifications will be brought to the Council for consideration and approval in February 2004. LEASE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND EL SEGUNDO BOY SCOUT ASSOCIATION, INC. (dba EL SEGUNDO SCOUT HOUSE ASSOCIATION, INC.) THIS LEASE is made and executed this J1 of 2003, between CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY "), and EL SEGUNDO BOY SCOUT ASSOCIATION, INC (dba El Segundo Scout House Association, Inc.), a California nonprofit corporation ( "ASSOCIATION ") 1. RECITALS. This Lease is made with reference to the following facts and objectives: A. CITY is planning on constructing a skateboard park on real property currently leased by ASSOCIATION pursuant to Agreement No. 666 entered into on or about January 11, 1950 ( "Scout Lease ") and extensions dated May 6, 1980 and January 19, 1990; B. In order to facilitate construction of the skateboard park, and honor CITY's commitments to ASSOCIATION in the Scout Lease, CITY believes it is in the public interest to assist ASSOCIATION with obtaining access to real property that would replace the area lost to CITY's skateboard park; C. ASSOCIATION is a nonprofit, secular, organization that fulfills an important part of a young person's education and training. Individuals who have experienced the ASSOCIATION's activities ordinarily becoming community leaders when they reach adulthood and help create a better mforined, more involved, and motivated community; D. It is in the public interest for CITY to enter into this Lease in order to provide ASSOCIATION with a long -term operational base to contribute to the community. 2. SCOUT LEASE TERMINATED. This Lease is intended to supersede the Scout Lease and, accordingly, the Scout Lease will terminate upon execution of this Lease by both parties. Page 1 of 14 Lease Agreement — Scout House Association /City of El Segundo Approved 3. NO SKATEBOARD PARK. A. Effectiveness of this Section. The Parties understand and agree that this Section is effective upon execution of this Agreement and will remain effective until and unless CITY chooses to build a skateboard park. B. Lease oj'Property. CITY leases to ASSOCIATION to use, on the terms and conditions of this Lease, portions of real property identified as Areas "A" and `B" on the attached "Exhibit A" and Exhibit "B," which is incorporated by reference (the "Property "). C. Terrnination of Lease. The portion of the lease granted by this Section will automatically terminate upon CITY's city council adopting a resolution indicating its intent to construct a skateboard park. D. Waiver of Claims. Should the portion of the lease granted by this Section terminate as set forth above, ASSOCIATION agrees to waive any claim it may have against CITY for such automatic termination of said portion its lease. 4. CONSTRUCTION OF SKATEBOARD PARK. A. Effectiveness of this Section. The Parties understand and agree that this Section 4 will become effective only if CITY chooses to construct a skateboard park. The rights and obligations of the Parties set forth in this Section will become automatically effective upon CITY's city council adopting a resolution indicating its intent to construct a skateboard park. B. Lease of Property. Should CITY choose to construct the skateboard park, then CITY will lease to ASSOCIATION to use, on the terms and conditions of this Lease, portions of real property identified as Areas "A," `B," "C," and "D" on the attached "Exhibit A" and "Exhibit B" which is incorporated by reference ( "Leased Property "). C. License to use Park Propertv. Area "E" on the attached "Exhibit A" and "Exhibit B" is the site CITY selected for future construction of a skateboard park ( "Park Property "). CITY grants ASSOCIATION a license to use the Park Property for SCOUTS'S activities. CITY may revoke ASSOCIATION's license to use the Park Property at any time after January 5, 2004 upon providing ASSOCIATION three (3) days written notice. Page 2 of 14 Lease Agreement — Scout House Association /City of Ef Segundo Approved 104 D. Construction of Public Improvements. Should CITY choose to construct a skateboard park on the Park Property, CITY will enclose Leased Property and Park Property with appropriate fencing, at its own cost (including maintenance costs) and design, to protect public health and safety. It is anticipated that the fencing will include the following: (1) a lockable 6 -foot tall pedestrian gate located at the bottom of the stairwell near the Southwest Corner of Area "A;" (2) a 6 -foot tall aluminum fence from the top of the stairwell leading up from said pedestrian gate running west and directly adjacent to the Grand Avenue sidewalk along the south border of Area `B;" (3) a 6 -foot tall aluminum or chain link fencing along the entire west borders of Areas "B" and "C;" (4) a six -foot tall chain link fence from the northwest corner of Area "C" proceeding east to the farthest southwest corner of Area "D;" (5) a six -foot tall chain link fence from the farthest southwest corner of Area "D" and along the entire west, north and east borders of Area "D;" (6) installation of a six -foot tall chain link lockable vehicle gate to provide access to Area "D" from the parking lot (actual location to be determined in final plans); a chain link fence from the northeast corner of Area "A" along the east border of Area "A" of sufficient height to provide necessary security and separation between the existing Scout House facility and the proposed Skateboard Park (actual height to be determined in final plans; (7) a six -foot tall lockable pedestrian gate spanning the gap between the fence on the east border of Area "A" at the southeast corner of the Scout House facility; (8) a retaining wall starting at the northwest corner of Area "A" loading dock and running west along the north border of Area "C" then along the west borders of Area "C" and Area "B" as necessary. The top of the retaining wall shall be at the same elevation to snatch the top of the existing loading dock on Area "A" building. Retaining wall shall be designed and engineered to raise all areas in Areas "B" and "C" bounded by the retaining wall to an elevation level with said loading dock. Water drainage will be provided in accordance with the local and state standards for such designs. The purpose of constructing the retaining wall and providing backfill is to create a flat and level activity area adjacent to the Scout House facility. Page 3 of 14 Lease Agreement — Scout House Association /City of El Segundo Approv//_ 1OJ ii. All such improvements will be designed, constructed, and owned by CITY. The Parties understand and agree, that these public improvements will be constructed in conjunction with CITY's skateboard park. If CITY chooses not to construct a skateboard park, it will not have any obligation to construct these public improvements. E. License to use Public Parking Lot. i. CITY grants ASSOCIATION an annual exclusive license to use the parking stalls in the public parking lot directly adjacent to the Leased Property between November 1 st and January 1 st for the purpose of ASSOCIATION's fundraising efforts. As part of this license, ASSOCIATION may temporarily enclose the parking lot for purposes of securing property located on the parking lot for the duration of the license period. Any temporary fencing used for such enclosure must be removed not later than January 5th of each year. ii. Should CITY not finish construction of the skateboard park by November 1, 2004, CITY agrees that it will provide ASSOCIATION an alternative site for ASSOCIATION's fundraising efforts. F. License to encroach on Sewer Easement. CITY grants ASSOCIATION a license to encroach into CITY's sewer easement for purposes of constructing a meeting room as specified below. Under no circumstances may such an encroachment interfere with CITY's access to its sewer lines. ASSOCIATION understands and agrees that should ASSOCIATION's improvements interfere with CITY's easement rights, CITY may remove such improvements to the extent that they interfere with CITY's activities. The parties anticipate that any allowable encroachment would be not more than six inches (6 ") into CITY's sewer easement on the Leased Property designated as Areas "A," "B," "C" and "D." The Leased Property presently contains an existing building in Area "A" and a concrete deck which encroaches into the CITY's sewer easement. No further encroachment into this easement is allowed. G. License for Ingress and Egress. CITY grants ASSOCIATION a nonexclusive Page 4 of 14 Lease Agreement - Scout House Association /City of El Segundo Approved//, 1U4 license across CITY's the Park Property for the purpose of entering and exiting ASSOCIATION's existing improvements located on Areas `B," "C" and "D." H. Shared Parking. CITY and ASSOCIATION agree that there are limited parking spaces adjacent to the existing building available to service the Leased Property and Park Property and CITY's neighboring recreational and parks facilities. To meet the parties' parking needs, the parties agree that the parking spaces may be used both by persons using the Leased Property and Park Property and CITY's neighboring property. Ii. CITY intends for the shared parking agreement in this Section to satisfy any parking requirements for existing and conceptual improvements that may exist in the El Segundo Municipal Code ( "ESMC ") for the Leased Property and Park Property. I. Permissible Improvements. Pursuant to the provisions of this Lease, and at its own cost, ASSOCIATION may install the following, subject to applicable laws including the ESMC: a two car garage on the Leased Property; a meeting room not to exceed 2500 sq. feet on the Leased Property. ii. Nothing in this Lease is intended to convey, nor does it, an entitlement to ASSOCIATION to build the improvements identified in this Section. Any such improvement must have CITY's approval in conformance with the ESMC which will not be unreasonably withheld. 5. DEFINITION OF CITY PROPERTY. Unless the contrary is stated or clearly appears from the context, the term "City Property" means the public property identified on "Exhibit A" and "Exhibit B" leased and/or licensed to ASSOCIATION in accord with this Lease. 6. RENT. ASSOCIATION agrees to pay CITY rent for use of the City Property in the sum of twelve dollars ($12.00) annually, payable in advance on January 2nd of each year during the term. Page 5 of 14 Lease Agreement — Scout House Association /City of El Segundo Approved 107 7. TERM. Although terms and conditions contained in this Lease will become effective upon execution, and except as provided in Section 16, the term of this Lease is fifty (50) years. 8. USE OF CITY PROPERTY. A. ASSOCIATION may use City Property for all scouting, youth, or community related activities including, without limitation, administrative, fundraising and educational activities. City Property may not be used for any other purpose. B. ASSOCIATION agrees that CITY may use City Property for public access or events at such reasonable tunes and dates as determined by ASSOCIATION. 9. UTILITIES. A. ASSOCIATION is responsible directly to the serving entities for all utilities required for its use of City Property. "Utilities" means electricity, gas, telephone services, trash, water, and cable television. B. ASSOCIATION agrees to order, obtain, and pay for all utilities and service and installation charges in connection with the development and operation of City Property. 10. TRASH AND GARBAGE. ASSOCIATION will provide and pay all costs for the complete and proper deposit and timely removal of all refuse resulting from its operations. ASSOCIATION will provide and use appropriate covered receptacles for all refuse at the City Property. Piling boxes, cartons, barrels or other similar items in view of a public area is not permitted. ASSOCIATION is responsible for the proper disposal of its refuse in such a manner as not to contaminate or restrict sewer lines. 11. MAINTENANCE QUALITY. CITY's designees may, at any reasonable time and with notice, enter its property to determine if satisfactory maintenance is being performed. If the quality of maintenance is unreasonable, CITY will provide written notice to ASSOCIATION which includes the specific nature of the complaint. Should ASSOCIATION fail to improve and sustain quality maintenance within thirty (30) days of CITY's notice, CITY may enter upon City Property and perform such maintenance. ASSOCIATION will promptly Page 6 of 14 Lease Agreement —Scout House Association /City of El Segundo Approved ' 10E reimburse CITY for the cost of maintenance, plus ten percent (10 %) for CITY's administrative overhead. 12. HAZARDOUS WASTE. CITY has not, nor, to CITY's knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any hazardous material (as defined below) on, under, or within City Property in violation of any law or regulation. ASSOCIATION agrees that it will not use, generate, store, or dispose of any hazardous material (as defined below) on, under, or within City Property in violation of any law or regulation. ASSOCIATION agrees to defend and indemnify CITY, as provided in this Lease, against any and all losses, liabilities, claims, and/or costs arising from any breach by ASSOCIATION of any warranty or agreement contained in this section. As used in this section, "hazardous material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 13. POSSESSORY INTEREST TAXES. ASSOCIATION is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that its property interest in City Property may be subject to property taxation if created and that ASSOCIATION may be subject to the payment of property taxes levied on its interest. ASSOCIATION may not deduct such amount from payments to CITY. 14. QUIET ENJOYMENT. CITY agrees that ASSOCIATION, upon making payments to be paid by ASSOCIATION under the terms of this Agreement and upon observing and keeping the agreements and each of the covenants of this Lease will lawfully and quietly hold, occupy, and enjoy City Property during the term of this Lease. 15. CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein. 16. TERMINATION. This Lease may be terminated as follows: A. At the expiration of the initial term, or any subsequent term, if either party Page 7 of 14 Lease Agreement — Scout House Assoc iatton/Gty of El Segundo Approved 109 gives written notice to the other of termination at least sixty (60) days before the term ends; B. Upon mutual written agreement between the parties; C. At the end of six (6) months if either party gives six (6) months notice to the other of its intent to terminate this Lease; D. Upon City Property being condemned; or E. Should ASSOCIATION materially breach this Lease and fail to cure such breach within thirty (30) days of being notified by CITY regarding such breach to CITY's reasonable satisfaction. 17. CONDITION OF PROPERTY UPON TERMINATION. Upon termination of this Lease for any reason, ASSOCIATION will vacate City Property and deliver it to CITY in good order and condition, damage by the elements, earthquake, and ordinary wear and tear excepted. 18. SALE OR TRANSFER BY CITY. Should CITY, at any time during the term of this Lease, sell, lease, transfer, or otherwise convey all or any part of the Leased Property to any transferee other than ASSOCIATION, then such transfer will be under and subject to this Lease and all of ASSOCIATION's rights hereunder. 19. CONDEMNATION. If all or part of City Property is acquired by eminent domain or purchase in lieu thereof, ASSOCIATION acknowledges that it will have no claim to any compensation awarded for the taking of City Property or any portion thereof. Any claim for loss of or damage to ASSOCIATION's improvements is limited to the compensation given to CITY or ASSOCIATION for such improvements as determined by a court of competent jurisdiction or by purchase agreement. 20. RELOCATION BENEFITS. ASSOCIATION acknowledges that it was informed that CITY is a public entity and that City Property was previously acquired by CITY for a public purpose. ASSOCIATION further acknowledges that any rights acquired under this Lease arose after the date of acquisition of City Property and that said rights are subject to tenninat>on when City Property is needed by CITY. ASSOCIATION acknowledges that at the time of any Page 8 of 14 Lease Agreement — Scout House Association /City of El Segundo Approved liU termination of this Lease, ASSOCIATION will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 21. NO PUBLIC PROJECT. All rights given to ASSOCIATION pursuant to this Lease are for ASSOCIATION's use of the public property identified herein. Any trespass, use, or other utilization of private property by ASSOCIATION is done at its own risk; ASSOCIATION is not an agent of CITY and this Lease is not intended, nor should it be construed, to constitute a public project. 22. FORCE MAJEURE. Should performance of this Lease be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then it will immediately tenninate without obligation of either party to the other. 23. NO FIXTURES. Improvements and facilities that currently exist, or may be constructed during the tern of this Lease, will not constitute fixtures attached to the City Property. Any such facilities may be removed by ASSOCIATION upon termination of the Lease. 24. COMPENSATION FOR IMPROVEMENTS. A. Should CITY terminate this Lease for cause, ASSOCIATION understands and agree that CITY will not compensate ASSOCIATION for any improvements owned by ASSOCIATION that remain on City Property. Title to any such remaining improvements will vest with CITY immediately upon termination of this Lease; B. Otherwise, CITY agrees to compensate ASSOCIATION for the fair market value ( "FMV ") of any improvements owned by ASSOCIATION remaining on City Property following termination of the Lease. FMV will be detennined by an independent appraiser the Parties select by mutual agreement. Any costs associated with such an appraisal will be borne equally by both Parties. 25. ALTERATIONS, MECHANICS' LIENS. Except as provided by this Lease, SCOUTS will not make, or cause to be made, any alterations to City Property, or any part thereof, without CITY's prior written consent. ASSOCIATION will keep Page 9 of 14 Lease Agreement — Seoul House Association/Ctty of El Segundo Approved �.1 i City Property free from any liens arising out of any work performed, material furnished, or obligations incurred by ASSOCIATION. 26. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned, transferred, or sublet by ASSOCIATION, court order, or through any other means. Any such purported transfer will be null and void. 27. HOLDOVER. If ASSOCIATION holds possession of City Property after the initial term, or any option, expires, with CITY's written consent, ASSOCIATION will become a tenant from month -to -month at the fair market rental rate per month. Such tenancy will be subject to all of the terms and conditions of this Lease. 28. INDEMNIFICATION. A. ASSOCIATION indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Lease, or its performance, except for CITY's sole active negligence. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Lease, or its performance, pursuant to this Lease, ASSOCIATION will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. ASSOCIATION expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Lease. E. The requirements as to the types and limits of insurance coverage to be maintained by ASSOCIATION as required by Section 29 below, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Page 10 of 14 Lease Agreement - Scout House Association /City of EI Segundo Approved 1r �1 ASSOCIATION pursuant to this Lease, including but not limited to the provisions concerning indemnification. 29. INSURANCE. ASSOCIATION must procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow- A. ASSOCIATION will provide Commercial General Liability, Broad Form General Liability and Business Automobile Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with ASSOCIATION's performance in the amount of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage. B. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this Lease will be endorsed to name CITY, its officials, volunteers, and employees as "additional insureds" under said insurance coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(ies) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. ASSOCIATION will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Lease and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." 30. COMPLIANCE WITH LAW. ASSOCIATION will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to City Page 11 of 14 Lease Agreement — Scout House Association /City of El Segundo Approved i 1:� Property and will faithfully observe in the use of City Property all applicable laws. The judgment of any court of competent jurisdiction that ASSOCIATION has violated any such ordinance or statute in the use of City Property will be conclusive of that fact as between CITY and ASSOCIATION. 31. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this Lease will not constitute a waiver of any further breach of the same or other term of this Lease. 32. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of ASSOCIATION, or a general assignment by ASSOCIATION for the benefit of creditors, or any action taken or offered by ASSOCIATION under any insolvency or bankruptcy action, will constitute a breach of this Lease by ASSOCIATION, and in such event this Lease will automatically cease and terminate. 33. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Lease or by law to be served on or given to either party to this Lease by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to: ASSOCIATION at: El Segundo Scout House Association, Inc. Attn: James D. McLees, Treasurer P.O. Box 998 — PMB 717 El Segundo, CA 90245 CITY at: City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 34. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Lease and related documents to be entered into in connection with this Lease will be considered signed when the signature of a party Page 12 of 14 Lease Agreement —Scout House Association/City of El Segundo Approved 114 is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 35. GOVERNING LAW. This Lease has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Lease will be in Los Angeles County. 36. PARTIAL INVALIDITY. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Lease will remain in effect, unimpaired by the holding. 37. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and ASSOCIATION respecting City Property and correctly sets forth the obligations of CITY and ASSOCIATION. Any Lease or representations respecting City Property its leasing and licensing by CITY to ASSOCIATION not expressly set forth in this instrument are void. There are two (2) attachments to this Lease. 38. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 39. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Lease and to engage in the actions described herein. This Lease may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 40. COUNTERPARTS. This Lease may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. [Signatures on next page] Page 13 of 14 Lease Agreement - Scout House Association /City of El Segundo Approved, J"7""� IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. City of El Segundo, a )municipal corporation. Mayor ATTEST- Cindy Mortesen, City Clerk APPROV p AS , O CONTENT , AX Je y' ewart, s giant City Manager APPROVED AS T Mark D. Hen Karl H. Berger, Assistant City> El Segundo Scout House Association, Inc. a California nonprofit corporation. PresiZfent Secretary Page 14 of 14 Lease Agreement - Scout House Association /City of El Segundo Approved �rJ "Exhibit B" Area "A" Lots 2 and 3 (except the easterly eight (8') feet of Lot 3) of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof. Area "B" The easterly seventy -six (76') feet of Lot 1 of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof except the following area located in Lot 1 and described as follows: Beginning at the northeast corner of said Lot 1; proceeding S700 26' 23" W 15.92' along the northerly boundary line of said Lot 1 to the true point of beginning; then proceeding S 00 00' 36" E 1.85'; then proceeding N 890 59' 00" W to a point on the northern line of said Lot 1; then proceeding N 700 26' 23" E along the northern line of said Lot 1 to the true point of beginning. Area "C" Beginning at the northeast corner of Lot 1 of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof; proceeding along the northerly line of said Lot 1 S 700 26' 23" W 21.44' to the true point of beginning; then proceeding N 890 59' 00" W 55.80' arriving at a point in Lot 4 of Parcel Map 6728, as per map thereof recorded in Book 73, Page 85 of Maps, Records of said County, on file in the Office of the County Recorder thereof; then proceeding S 00 00' 36" E to the northerly line of said Lot 1; then proceeding N 700 26' 23" E along the northerly line of said Lot 1 to the true point of beginning. J >_ II; Area "D" Beginning at the northeast corner of Lot 3 of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof; then proceeding S 700 26' 23" W 8.49' along the northerly line of said Lot 3 to the true point of beginning; then proceeding N 00 00' 36" W 17.10' arriving at a point in Lot 4 of Parcel Map 6728, as per map thereof recorded in Book 73, Page 85 of Maps, Records of said County, on file in the Office of the County Recorder thereof; then proceeding N 890 59' 00" W 73'; then proceeding N 00 00' 36" W 5'; then proceeding N 890 59' 00" W 18'; then proceeding S 0° 00' 36" E 41'; then proceeding N 89° 59' 00" W 16'; then proceeding S 011 00' 36" E to the northerly line of Lot 1 of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof; then proceeding N 700 26' 23" E along the northerly line of Lot 1 and Lots 2 and 3 of said same map to the true point of beginning. Area "E" Lot 4 and the easterly eight (8') feet of Lot 3 of Block 39 of El Segundo Sheet No. 7, as per map thereof recorded in Book 22, Pages 54 and 55 of Maps, Records of Los Angeles County, on file in the Office of the County Recorder thereof. _XG 118 I S Lr \ \ \\ SL S \ DO DD \\ D J \ OJ \ \ \ n P DO ( C OJ m �m �n m \ C) \ 7i 01 \ r \ n DO C, 0 D� \ m \ •off o', C� - J \ bn \ yo N V54 IS' > b $� rp�J - \1 \� \ 0} pj 4 OS J C \ 10752 . ~\ rv.�w F Ilq u 40 \ 4 s09 n n• s- \ \ \ Q q 011 \ m \ - lL .D \ \\ n qp —� 00 . • -- N 0000'39ti/ 9974 b4 ep \ \ 1 O O \ o \ PDP � 0 z O O` s \ A U \ \ ➢ u \ b � OD \ 10752 . ~\ rv.�w F Ilq EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the waiver of fees for city services associated with 12th Annual "Run for Education" RECOMMENDED COUNCIL ACTION: 1) To waive fees for city services associated with the 12th Annual Run for Education. 2) Alternatively, discuss and take other action on related to this item. BACKGROUND & DISCUSSION: The Run for Education has become an annual fundraising event for the El Segundo Unified School District and is coordinated by the Districts PTA's. This event has been held in El Segundo for eleven years and is similar to those of years past with a request for fees to be waived. The Recreation and Parks Director has the authority to issue the permit, forthe event, but the fee waiver request must be approved by City Council. This event is scheduled to take place on Saturday, March 20, 2004. The city services that are being requested are the use of the street barricades for street closures and provide necessary street posting and police services for traffic control. ATTACHED SUPPORTING DOCUMENTS: 1- Letter of Request from Run Director, Donna Hepworth 2- Run Route 3- Staff cost breakdown FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: Mary Strenn, Manager 17 J.,9-0 EXHIBIT # I October 14"i 2003. Mayor Mike Gordon City Members 350 Main St. El Segundo, Ca, 90245 Dear Mayor Gordon, This letter is a request for the City to approve the 12`" annual "Run for Education ". We have selected the date of March 20`h 2004 as the day of the "Run ". As always, the 5K will take place at Sam, followed by the kids' run at 9.15 am. We anticipate that this event will be completed by 11.30 am. We would like to request that all fees might be waived for this event. We appreciate all the support that you have given us in prior years in regard to the 'Run" and we would like to thank you in advance for your support this year. The students from all of our schools here in El Segundo benefit greatly from this community event and fundraiser and many members from the community look forward to this wonderful event and (I would say) El Segundo tradition. We hope to see you all at the "Run" on March 20'h 2004. Sincerely, Donna Hepworth Run Director "Run For Education" 502 Loma Vista St. El Segundo, CA, 90245 (310) 322 -3568 ��r PAS -M Exhibit # 2 Walnut L � c CL Maple rk- ESI iS North U Mariposa Pine � L c cC � z U Grand RUN FOR EDUCATION Saturday, March 20, 2004 Start time: 8:00 a.m. Finish time: 10:00 a.m. c Set up time: 5:30 a.m., Saturday, March 20, 2004 Clean up by 11:00 a.m., Saturday, March 20, 2004 X22 EXHIBIT # 3 City of El Segundo Cost Estimates for the RUN FOR EDUCATION Streets: Personnel $900 Fire Dept. 0 Personnel Parks: Personnel 0 Police: 1 sergeant $300 5 officers $1,181 2 PSO's 320 2 cadets 100 $1,901.00 Total: $2,801 12j EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding relocation of the Farmers' Market to the 400 block of Main Street beginning Thursday, January 8, 2004. RECOMMENDED COUNCIL ACTION: 1. Approve relocation of Farmers' Market to the 400 block of Main Street; and 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 4, 1999, City Council approved funding for the operation of an El Segundo Certified Farmers' Market to be held on Thursday's from 3 P.M. to 7 P.M. in front of City Hall. During the construction of the Downtown Improvement Project, the Market was temporarily relocated to the Jocelyn Center parking lot and the adjacent public parking lot. At that location, business for the market vendors dropped significantly (as much as 35 %-40% for some vendors). Seven farmer - vendors have ceased participating due to the drop in their volume of sales. Also, in October, the Downtown El Segundo Committee of the Chamber of Commerce forwarded a letter to the City expressing their support of the Market's return to Main Street (Attachment A). Staff has reviewed alternatives that would allow the Market's return while complying with fire safety rules. The location of the fire station in the 300 block makes compliance with fire safety rules difficult and provides no room for growth of the Market. On Main Street, the only viable alternative is the 400 block. Staff has contacted merchants in the 300& 400 block and there is strong support for the Market by a majority of those merchants. A map showing the configuration of the Market at that location is attached (Attachment B). In addition to the relocation of the Market, staff is in the process of drafting an ordinance for the Council's consideration in the near future. That ordinance would accomplish three things: 1. The collection of fees, including business license fees, would be formalized; 2. Sales in the public right -of -way would be authorized; and 3. The adoption of Market rules and regulations would be formalized. ATTACHED SUPPORTING DOCUMENTS: Attachment A - Letter of Support from Chamber Committee Attachment B - Proposed Market Configuration, 400 Block Main Street FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: Yes X No ORIGINATED BY: DATE: O Lee Ostendorf, Special Events ordinator REVIEWED BY: DATE: a ' trenn, City Manager !�9 °-s' • 1,j El Segundo Chamber • The Voice for Business - October 15, 2003 Ms. Mary Strenn City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Ms. Strenn, ATTACHMENT A On behalf of the Downtown El Segundo Committee, we would like to extend our compliments to the City of El Segundo for the expeditious construction we are all witnessing which will improve our beautiful downtown community. This shopping district is a very special one, and we appreciate the tenacious schedule to complete this by December Ist goal. We hear that it is ......... so far, so good! The downtown business community has clearly been impacted because of the construction, and we are excited about seeing this project come to its final stage. One important feature that we are most looking forward to embracing, again, is the Farmers Market. This Thursday afternoon event brings many things to the downtown area. Besides the people who shop here, which are most important, the Market creates a very vital sense of community... which is what truly makes El Segundo so unique. There is a great sense of belonging for those who shop in this open -air environment, one that will be magnified with the newly designed streetscape. After taking an informal poll from the Farmers Market vendors, they, too, are looking forward to their return onto Main Street. If there is any reason for us to not expect this wonderful event back onto Main Street.... we would be grateful for your comments and input. Re S, r Brenda Ne an, Co -Chair Elyse Rothstein, Co -Chair 427 Main Street • El Segundo, CA 90245 • 310 322 1220 - Fax 310 322 6880 Email info @elsegundochamher org FARMERS MARKET VENDOR AND FIRE SAFETY LAYOUT Aim 400 BLOCK OF MAIN STREET Verne Simon 12/3/200 �?qw i �z &1, p p p j p p � p W Dining p 5 LL & Entertainment W O Dining J & p Entertainment p 0 p ° ° 50 AMP POWER SUPPLY p z S W p W 0 FIRE HYDRANT 3 p p Booth p p Designation p p - Baked Goods - Community p D - Craft p W pf Dining p p ® Managers Booth R _ ® Packaged Food 1_ Produce HOLLY AVE NUE _ cam— - Fire Safety p Food FARMERS MARKET VENDOR AND FIRE SAFETY LAYOUT Aim 400 BLOCK OF MAIN STREET Verne Simon 12/3/200 �?qw i �z &1, EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the one -time only exchange of unallocated, Community Development Block Grant (CDBG) funds totaling $97,095 with another CDBG participating city within the Los Angeles Urban County. RECOMMENDED COUNCIL ACTION: 1. Authorize staff to proceed with identifying an interested participating city to begin negotiations for the exchange of unallocated CDBG funds totaling $97,095, establish an exchange rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another City. 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City of El Segundo possesses an unallocated balance of Community Development Block Grant funds totaling $97,095. These funds consist of accumulated CDBG monies that were carried over after the close of the 2002 -2003 CDBG Program Year, and CDBG funds returned to the City as program income from the close of the CDBG Minor Home Repair project's deferred loans. If unspent by March 31, 2004, the County of Los Angeles Community Development Commission, under authority from the HUD, may recapture these funds from the City of El Segundo. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Amount Requested: $48,550 (estimated) Account Number: To be determined by Administrative Services Project Phase: N/A Appropriation Required: X Yes No ORIGINATED: DATE: December 3, 2003 /L, &<3 ZZ -+3� Ja es . Hansen, Director of Community, Economic and Development Services MaAS n, City Manager �G�J 19 P \Planning & Building Safety \CDBG \cdbg ccmtg eachangel2 03 doc _ 12 i STAFF REPORT: December 16, 2003 Page 2 BACKGROUND AND DISCUSSION (continued) Given the time constraint to spend these CDBG funds, establishing new, eligible CDBG projects and entering into new project agreements with the Community Development Commission, which typically takes up to three months' time, is not feasible. For reference purposes, in addition to 2002 -2003 closed -out funds being carried forward, this situation developed as a result of insufficient time necessary to identify unallocated CDBG funds available to add to existing 2002 -2003 eligible CDBG projects prior to the close of the CDBG Program Year, June 30, 2003. For example, the recently completed CDBG Project, "Installation of ADA Elevator in City Hall ", had an original CDBG project budget of $75,000. Recognizing that available 2001 -2002 unallocated CDBG funds could supplant General Fund money, one amendment to add an additional $100,000 in CDBG funds was completed in December 2002. Further amendments were not possible because project expenditures did not occur until near the end of the project, and the deadline for processing CDBG project amendments had passed. Unallocated funds may not be added to public service projects due to the expenditure cap established by HUD. ANAI YSIS Staff considered the following alternatives to the recommended action: • Implement a new CDBG project for this current fiscal year. The disadvantage with this option lies in the length of processing time required to implement a new project (generally a mandatory public hearing, City Council consideration and approval by the CDC). Typically, a three -month process exists prior to obtaining an executed agreement to implement the CDBG project. This may not allow sufficient time to expend the CDBG funds by March 31, 2004. • Amend an existing project to add additional tasks or expand the scope of service. This is possible, as the current CDBG- funded project, "Installation of ADA Doors" can be amended to add construction of an additional ADA- approved exterior door at City Hall (entrance to the CEDS Department). However, an amendment will require six to eight weeks' processing time. Please note: ADA projects are CDBG eligible activities and may become a part of the City's long -range CDBG project planning. • Reimburse General Fund costs spend on the previous 2002 -2003 CDBG /ADA City Hall West Elevator Project. Unfortunately, CDBG requirements prohibit re- opening a closed project to add additional CDBG funds. • Eliminate one public service project and, with the balance of funds remaining, expand the other, existing (two) public service projects. This alternative doesn't solve the expenditure of CDBG funds for 2003 -2004, since the maximum amount of CDBG funds have already been assigned to the 2003 -2004 public service projects. It may be a consideration for the 2004 -2005 CDBG Program Year. P \Planning & Building Safety \CDBG \cdbg ccmtg exchange 12 03 doc 128 STAFF REPORT: December 16, 2003 Page 3 RECOMMENDED ACTION Participating cities within the Los Angeles Urban County CDBG Program are eligible to exchange or "sell" CDBG monies among each other. Typically, cities that purchase CDBG funds "buy" the CDBG funds using unrestricted General Funds. CDBG funds often sell at a discount because of the regulatory burden assumed by the purchaser. The current rate that cities purchase CDBG funds range from $0.50 to $0.60 per CDBG dollar. Manhattan Beach and Lomita are two examples of South Bay cities that exchange CDBG funds. Presently, the cities of West Hollywood and San Fernando may be likely buyers. For more than fifteen years, the City of El Segundo has used CDBG funds to support three public service projects: Home Delivered Meals, Senior In -Home Care and Juvenile Diversion. The CDBG Program requirements restrict the amount of CDBG funds that may be allocated to public services. In the past, cities could annually assign up to 25% of their annual CDBG allocation to public service projects. Beginning July 1, 2004, the percentage of a city's total annual allocation that may be spent on public services will be reduced to 15 %. For the City of El Segundo, this translates to a reduction in its total CDBG public service allocation of approximately $27,000 annually to $16,000. In addition to the CDBG funds, the City leverages General Fund monies to support these three projects. As the demand for public services continues to rise and the costs for delivering these services increases, the City's public service projects are under significant budget constraints. For example, the Home Delivered Meals project serves approximately 30 clients weekly. Recently, this number has increased to between 35 and 36 clients weekly (or 7,500 meals annually). The cost of meals has risen to $6.00 per each hot meal, served five days per week. The program still relies on client donations, although the amount donated is not sufficient to close the gap between the annual budget and the increased number of participants and rising program costs. The current annual operating budget of the Home Delivered Meals Program is $25,000. This operating budget has not changed in 10 years. Three different revenue sources support the 2003 -2004 program operation: $9,100 CDBG funds, $9,000 donations, and $6,900 in General Funds. However, if the service levels continue to rise, this program will experience a budget shortfall of approximately $4,000 45,000 by the year's end. Similarly, the Senior In -Home Care and Juvenile Diversion Project operating budgets have remained the same for the past ten years. The total 2003 -2004 budgets are $25,000, and $16,000 respectively. The CDBG portion is $9,100 and the General Fund contribution is $15,900, and $6,900 each. Within the past two years, the cost per hour of senior in -home care service rose from $11.50 per hour to $14.50 per hour. Juvenile Diversion has not raised rates. P \Planning & Building Safety \CDBG \cdbg ccmtg exchange 12 03 doc 129 STAFF REPORT: December 16, 2003 Page 4 RECOMMENDED ACTION (continued) Thus, it is recommended that the City Council consider exchanging CDBG funds as a unique short-term solution to avoiding recapture of CDBG funds, and, more importantly, to provide a pool of available unrestricted funding necessary to maintain existing CDBG public service projects of Home Delivered Meals and Senior In -home Care, for the current fiscal year, without using any other City funding sources or reducing current service levels. It may also create a revenue stream for potentially one or two years' to come (depending upon the amount of CDBG funds exchanged) to keep public service projects operational and shift the financial burden from the general Fund to this new revenue source. It should be noted that, generally speaking, the regulatory burden caused by the CDBG program results is a cost of approximately $1.35 to $1.45 spent for every $1.00 of CDBG funds received. Thus, dollar- for - dollar, the sale of CDBG funds returns the full cost of implementing the program. Exchanging CDBG funds with another city will not compromise the City's annual CDBG allocation in future years. Staff will return in January 2004 to present recommended 2004 -2005 CDBG projects and budgets for the City Council's consideration. P \Planning & Building Safety\CDBG \cdbg ccmtg exchange 12 03 doc 131) EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding approval of a Communications Products Agreement ( "CPA ") with Motorola, Inc. for $1,523,173.03 in asset forfeiture funds for the acquisition of the Federal Communications Commission license rights to two (2) UHF narrowband channels, its related equipment and services for the Police Department's Public Safety Communications Center. RECOMMENDED COUNCIL ACTION: 1) Waive the formal bidding process per the Municipal Code; 2) Approve and authorize the City Manager to execute a CPA in a form approved by the City Attorney between the City and Motorola for the FCC license rights to two (2) UHF narrowband channels, its related equipment and services; 3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Public Safety Communications Center operates in the UHF (470 -512 MHz) frequency band in providing emergency police and fire dispatch services for the City of El Segundo. The City currently satisfies its primary police and fire communications requirements by using two (2) UHF frequencies licensed to the County of Los Angeles throughout the coverage area required by El Segundo. This arrangement is scheduled to terminate on July 1, 2004. While it is anticipated that the County will extend the current agreement, and the City has the right to share three frequencies with the RCC, the Police and Fire Departments desire to be the sole license holders on at least two licenses to maximize its police and fire safety services. In order to guarantee minimal disruption when transferring to new channels, the City's options are most efficiently satisfied by frequencies in the 470 -512 MHz band allocated for use in the Los Angeles area. Further, the majority of public safety agencies in the Los Angeles area currently operate in the 470 -512 band. In order to promote interoperability, new channels allocated to the City should be in the same band. Therefore, the Communications Center desires to add two (2) UHF narrowband frequencies to enhance its public safety communication's ability. -continued- ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: 0.00 Amount Requested: 1,523,173.03 Account Number: 109 -400- 3105 -8108 (Asset Forfeiture) Project Phase: None Appropriation Required: Yes DATE: 12 -08 -03 a, rie Police REVIEWED BY: DATE: 121 Ma renn, City Manager 131 The City has faced a major challenge over the last three years in securing FCC licenses for public safety frequencies and has made multiple efforts to obtain them through a number of avenues to no avail. The City has conducted a thorough study of the availability of UHF public safety spectrum and has determined that there are currently no public safety channels available for purchase in the UHF band in the Los Angeles area except those that the City seeking the authority to purchase from Motorola. The UHF channels allocated for public safety have been exhausted for some time as a result of the demand for interoperable police channels in the Los Angels area. As is demonstrated above, frequencies are a rare commodity and cannot be easily located for purchase. Currently, Motorola has the exclusive rights to two frequencies and so it represents a sole source for the City to purchase frequencies in the current market place. Fortunately, Motorola has an excellent reputation within the market, and logistical considerations and history between the City make the potential agreement with Motorola very advantageous. Motorola designed, provided and installed a major portion of the equipment in the communications center, including the existing radio infrastructure, and are familiar with the design features of the center. The proposed frequencies require integration with, and retrofitting and replacement, of existing Motorola equipment. All supporting documents will be prepared and reviewed by the City's special counsel, Russell Fox, and the City Attorney as to form. 13 1 EL SEGUNDO CITY COUNCIL MEETING DATE: December 16, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — City Council Members AGENDA DESCRIPTION: Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. RECOMMENDED COUNCIL ACTION: Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows; or, alternatively, discuss and take other action related to this item: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Grant a free business license for a non - profit organization (ESMC 4 -1 -7); 4) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades). 5) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); 6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; 7) Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1); 8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. BACKGROUND & DISCUSSION: Were Mr. S. Claus required to obtain all of the necessary permits, he would not be able to start his business until after June 1, 2004. Since Mr. Claus has shown good faith during previous business endeavors, and his business would be welcomed by the Community as a whole, Council should waive the fees and permits required. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: N/A Amount Requested: Account Number: Project Phase: Appropriation Required: Yes No ORIGINATED B DATE: December 10, 2003 Mayor Mike Gordon 1 REVIEWED Imo: DATE: December , 2003 n City Manager d /J 21 133