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2003 JAN 21 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council,. with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications item listed on the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications item listed on 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 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). 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, JANUARY 21, 2003 — 5:00 P.M. Next Resolution # 4293 Next Ordinance # 1356 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 sec.) 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: 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) I. Petition for review of Los Angeles Regional Board Order 01 -182, State Water Resources Control Board (File No. A1498 (V)). II. Application for Certification of the El Segundo Power Redevelopment Project, State Energy Resource: Construction and Development Commission (Docket No. 00- AFC -14). CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- 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) — None SPECIAL MATTERS — None. 2 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 item listed on the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications item listed on 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 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). 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, JANUARY 21, 2003 — 7:00 P.M. Next Resolution # 4293 Next Ordinance # 1356 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Bruce Shjeldahl of Hope Chapel PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs PRESENTATIONS — (a) Commendations to recipients of the WRAP 2002 awards by the State of California, Chevron, El Segundo Refinery, Northrop- Grumman, Integrated Systems Sector and Raytheon Company, Electronic Systems, for their dedicated attention to implementing programs in waste reduction and recycling. 3 (b) Presentation of Certificates of Recognition to the recipients and to the judges, the El Segundo Interact Club members, of the "2002 Lighting Up the Community" program. 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 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 2530387 to 2530785 on Register No. 6 in the total amount of $1,574,583.28 and Wire Transfers from 12/07/02 through 12/27/02 in the total amount of $1,081,919.93 and Warrant Numbers 2530786 to 2530996 on Register No. 7 in the total amount of $673,557.59 and Wire Transfers from 12128/2002 through 1/1012003 in the total amount of $996,125.46. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify: Payroll and Employee Benefit checks; checks released early due to contracts o. agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Recommendation — Approval. of 17, 2002. 3. Consideration and possible action regarding acceptance of six surplus MAX vehicles from the City of Torrance to the City of El Segundo for donation to El Segundo Sister City Association, Inc Recommendation — (1) Approve acceptance of surplus MAX buses from the City of Torrance to the City of El Segundo; (2) Donate the MAX buses and authorize City Manager to execute all documentation to effectuate proper transfer of all vehicles to the El Segundo Sister City Association, Inc; (3) Alternatively, discuss and take other action related to this item. 4. Consideration and possible action regarding a proposal by the El Segundo Firefighters' Association to donate to the City a 1968 Crown fire engine, that Previously was in service for the City, to be used as a parade rig. (Fiscal Impact - Minimal — not to exceed $500 first ear; not to exceed $1,000 after that. Recommendation — (1) Accept donation; (2) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding a proposal by the Fire Department to Purchase an additional portable UHF radio from Motorola for the Paramedic Extension Unit (E33) bringing our total purchases in excess of $10,000 for the year. This radio will provide a required second means of hospital communication and is a County re uirement. The total cost for this radio is $3,560. Recommendation — (1) Approve and authorize the purchase of the radio from Motorola; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding a proposal by the Fire Department to Purchase two (2) replacement vehicles (Paramedic Rescue Vehicle and Battalion Chief's Command Vehicle). Fiscal Impact — not to exceed $274,700. Recommendation — (1) Waive the purchasing procedures set forth in the El Segundo Municipal Code pursuant to ESMC Title 1 -7 -10; (2) Authorize the purchase and award of a Rescue Ambulance by piggybacking on the St. John, Florida Bid and purchase of related equipment (not to exceed $198,000 including tax); (3) Authorize the purchase of a Battalion Chiefs Command Vehicle off of State Bid and sole sourcing turn -key installation of command package, to include all required emergency warning devices and radios, to Command Designs, Inc. ($76,000); (4) Authorize disposal of the surplused vehicles at auction; (5) Alternatively, discuss and take other action related to this item. 5 5 7. Consideration and possible action regarding the submission of a grant proposal to the County of Los Angeles Office of Emergency Management (OEM) and Office of Justice Programs. Recommendation — (1) Receive and file report; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action for the acceptance of a grant from the California Law Enforcement Equipment Program ( CLEEP), Office of Criminal Justice Planning (OCJP) in the amount of $17,733.26; and appropriation of the funds to be used by the Police Department for the purchase of "high- technology Recommendation — (1) Accept the CLEEP grant from OCJP; (2) Appropriate the funds to be used by the Police Department for the purchase of "high- technology equipment'; (3) Alternatively, discuss and take other action related to this item. Consideration and possible action regarding acceptance of the project for the rehabilitation of Sanitary Sewer Pump Station No. 5 (737 Center Street) — Approved Capital Improvement Program — Project No. PW 01 -15 (Estimated Cost $299,469.25). Recommendation — (1) Approve Change Order No. 1 in the amount of $3,469.25; (2) Accept the work as complete; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (4) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding acceptance of construction of sidewalk/curb ramps along Pine Avenue (east of Sierra Street and west of Maryland Street) and along Center Street (Grand Avenue to Franklin Avenue) — Project No. PW 02 -05 — Approved Capital Improvement Program (Estimated cost $21,220.00). Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion; (3) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding acceptance of contract for the construction of mid -block surface drainage improvements /curb replacements at nine (9) locations — Project No. PW 02 -09A — Approved Capital Improvement Program (Estimated Cost $81,950.00). Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding acceptance of the construction of forty -four (44) curb ramps and adjacent sidewalks along Mariposa Avenue — Project No. PW 02 -04 — Approved Capital Improvement Program (Estimated cost $37,830.00). Rarnm .r a -- "u °,",J I — t 11 Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding Change Order No. 1 for $18,350.00 to Howard Ridley Company, Inc, for professional concrete waterproofing services at City Hall — (Change Order amount $18,350.001) . Recommendation — (1) Approve Change Order No. 1 for $18,350.00; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding Change Order No. 1 for $3,965.11 to Mel Smith Electric, Inc. for Recreation Park Electrical Upgrades — Project No. PW 01 -05 (Change Order Amount $3,965.11 . Recommendation — (1) Approve Change Order No. 1; (2) Alternatively, discuss other action related to this item. and take 15. Consideration and possible action regarding approval to publish a Proposal for a three (3) year City Street Sweeping contract. (Fiscal at this time). Recommendation — k 11 AuEriorize statt to solicit proposals from firms that specialize in street sweeping; and (2) Alternatively, discuss and take other action related to this item. Request for Impact - none 16. Consideration and possible action regarding waiving formal bidding and awarding contract on a sole source basis for the purchase of a 3M security system to replace the currents stem in the libra Fiscal Im act $13,850.00 . Recommendation — (1) Waive the formal bidding process per the municipal code; (2) Approve the purchase of the 3M security system to replace the library's current system; (3) Authorize the City Manager to execute a contract on behalf of the City; (4) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 7 F. NEW BUSINESS — 17. Consideration and possible action regarding the submittal of a detachment and annexation application to the Los Angeles County Local Agency Formation Commission ( LAFCO) to detach an approximately 49 -acre area of land at the southeast corner of Aviation and El Segundo Boulevards from the City and allow annexation of that property (Area A of the Los Angeles Air Force Base ( LAAFB)) by the City of Hawthorne to facilitate the consolidation and retention of the LAAFB in the City. Recommendation — (1) Reading of Resolution approving LAFCO application resolution by Title only; (2) Authorize the City Manager to submit a detachment/annexation application to LAFCO; (3) Alternatively, discuss and take other action related to this item. 18. Consideration and possible action regarding the second amendment to an Agreement Affecting Real Property (AARP) between the City of El Segundo and Arrow Electronics Inc. for real property located at 111 Maryland Street. Recommendation — (1) Authorize the City Manager to sign the Release of Covenant (Exhibit 1) to hold the property as one parcel and the Second Amendment to the Agreement Affecting Real Property (Exhibit 2); (2) Alternatively, discuss and take other possible action related to this item. 19. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 — On Sale Beer and Wine Eating Place and Type 47 — Beer, Wine and Alcohol) at an existing restaurant, The Tavern On Main, located at 123 Main Street, EA No. 601 and AUP No. 02 -04 (ABC 02 -05). Applicant - The Tavern On Main, Property Owner - Kristian Krieger Recommendation — (1) Determine that the City does not protest the issuance of the new ABC license for the sale of beer, wine and alcohol at The Tavern on Main; (2) Alternatively, discuss and take other action related to this item. G. REPORTS —CITY MANAGER— NONE H. REPORTS —CITY ATTORNEY— NONE I. REPORTS — CITY CLERK J. REPORTS —CITY TREASURER— NONE 8 8 K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 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 $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. (c) Request by Juli Potter of Tree Advocates for further discussion on Main Street Ficus Trees and Main Street 4 -Lane configuration. MEMORIALS — Adjourned in memory of Jack Trystman, Virginia Andridge and Dora Levin. CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue.) for the purposes of conferring with the City's Real Properly Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE:/ fG O 3 TIME: Q: © bf- NAME: 9 Y r 0 o � 0 0 0 4 G 3 Y W LL O p a Y Y H O Y w Y = t r u� z N UQ ti J N U¢ `n� °8 °`m•'8'8e rnu�°d v°� °m`$ m ¢ � W °c Q °c N m 2 w W II m W S O LL LL Z $¢ C S n ysg KKKa � �I LL Y w w LL m E _z N GI x a zza�o iyw z v`o � m u.6- I 8 W D i�wx`ge?7oo pwp mmwwy LL'=`� rN- 5 Imo. u j figy+ y a w w z z �LL�aLLO °aj�78i4: I�¢w�pw haw m a = m d° €m w` ZOZ yNQgcg N O¢¢¢ O Y a a 99 w Yp J m¢p W W F = n° V II g L mm s t pp 4 C U W U LL a m 2 0 a CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/07/2002 THROUGH 12/27/2002 Date Payee — Amount t Description 12/6/02 Federal Reserve 12/6/02 Federal Reserve 50.00 Employee Savings Bonds EE 12/10/02 West Basin 300.00 Employee Savings Bonds I 12/13/02 PGC El Segundo LLC 812,256.75 H2O Payment 12/12/02 Health Comp 26,993.86 Golf Course Payroll Transfer 12/18/02 Employment Development 1,056.14 Weekly claims 12/6 12/18/02 IRS 29,936.85 State Taxes PR PR 13 12/18/02 Health Comp 159,028.87 Federal Taxes PR 13 12/26/02 Federal Reserve 2,000.00 Weekly claims 12/13 12/26/02 Federal Reserve 200.00 Employee Savings Bonds EE 12/7-12/27/02 Workers Comp Activity 300.00 Employee Savings Bonds 1 49,797.46 SCRMA checks issued 1,08— 1 919 93 DATE OF RATIFICATION: 1/7/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: �epu IW��! few C N4 Date /// Director of Administrative Service ���30 /o z Dat— e`— i City Mand z Dat� Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,081,919.93 11 m s W O W 3 W W `tl We $ v = u W z LL h z m Wm p F y O N ON �p y� 4Q �a pp pm N 3 N O n n IG !O b`I l7 S m q N 6S6S z LL z w g c m E m e $ a F o `m E o LL > zi .g E oa $8 m au 33 � i z irc o w j�0 o O z 2 r F z F i m U ] 3? g & m Y J 5 m �- a O z W N ?N C 2 ,c ac e NpE V Z O R Z-ww H i w 6SK J N w -, i Y m am JO O ' m m z u U C lzxw W m m `o SB M g a A S OmWO 0. O °c E S jqq a L _ � m� rm aO a ¢ w O E ga 9 t aE cw U � z%9 m w a me § os E mSH�Y° z Vl 3 Z Ou� o a E E$S E Q N p U 12 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/28/2002 THROUGH 1110/2003 Date 12/30/02 12/31/02 1/2/03 1/2/03 1/3/02 1/3/02 1/10/03 1/28 - 1/9/03 Payee Amount PGC El Segundo LLC Health Comp Employment Development IRS Federal Reserve Federal Reserve West Basin Workers Comp Activity DATE OF RATIFICATION: 1121/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: a- , ___ vepu�y 1 reas�rer 24, 591.38 246.00 37, 708.48 194,172.12 100.00 300.00 736,432.86 2,574.62 996 125 46 _— 5 46 t /lD 6 Date �-- iS' -o Date Date Description Golf Course Payroll Transfer Weekly claims 12/20 State Taxes PR PR 14 Federal Taxes PR 14 Employee Savings Bonds EE Employee Savings Bonds I H2O Payment SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 996,125.46 13 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 17, 2002 — 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 Present Present arrived at 5:05 p.m. Present 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 CONFERENCE W (Gov't Code §54956.9(a)) I H LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -3_ §`�956.9(b): -2- potential case (no matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None SPECIAL MATTERS — None. Council moved into open session at 6:55 p.m. 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING , DECEMBER 17 2002 PAGE NO. I 14 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 17, 2002 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Rich Reid of El Segundo Christian Church PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick PRESENTATIONS — (a) Presentation of trophies and recognition of winners in the 2002 "Tis the Season of Champions" 30th Annual El Segundo Holiday Parade. (b) Council Member Wernick presented a Commendation to Cindy Mortesen and Chris Sherrill and all sponsors, supporters and volunteers in keeping the hometown holiday tradition of the El Segundo Community Christmas Dinner. ROLL CALL Mayor Gordon Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present Present Present arrived at 7:10 p.m. Present Present PUBLIC COMMUNICATIONS — (Related to Citv 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. (c) Mike Briney gave a School Board presentation regarding last year's accomplishments of the El Segundo School District. Joe Brandlin, resident, spoke regarding the Community Center and the comparision between building a new center and renovating the old building. Sylvia Wilkinson, resident, spoke against the proposed Community Center. She stated that the building does not reflect the proposal of the last meeting. Susan Richardson, resident, spoke against the proposed Community Center. She stated, as proposed, the design has not been reduced in size or footprint. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO 2 15 Jane Tourino, property owner, spoke against the proposed Community Center. She stated the n proposal is not any better than the old one. ew Gail Church, Tree Musketeers, stated that project needs to have the trees evaluated, before removal or adjustment. She further stated that the trees need to be protected during construction. Carl Jacobson, resident, stated he would like to see the design with the parameters set at the November meeting. Richard Arabian, resident, objected to the new Community Center and the comparison between replacement and refurbishment. 0 PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) on the proposed projects and budget for the 2003 -2004 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2003 -2004 is $116,334. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the Proposed projects and budget for the 2003 -2004 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2003 -2004 is $116,334. He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Clerk Mortesen stated that proper notice was completed and no written communications had been received by the City Clerk's Office. Tina Gall, CDBG Coordinator, gave a report. Council consensus to close the public hearing. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt the new 2003 -2004 CDBG projects and budget and authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. C. UNFINISHED BUSINESS 2. Consideration and possible action regarding an alternative concept on the proposed new Community Center following the end of a 30 -day comment period. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO. 3 16 Seimone Jurgis, Building Official, and Wendy Rogers gave a Powerpoint presentation to address the issues of the community and presented a possible proposal. Council Member Wernick requested another review period, design elements discussed tonight to be incorporated, and the architects return with a more detailed report in January. No response to her request was given. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to approve the Community Center alternative concept of a new two story structure with the understanding that environmental documents and a conditional use permit will be prepared and submitted for Planning Commission and City Council consideration in the upcoming months. The project will include the following uses: Theater - presentation hall, kitchen, fitness - dance - studio (activity room), tots classroom, medium and large classrooms, (remove small classroom), balcony, art studio, tot playground, youth playground, and courtyard. The building is to be placed at the lowest possible point, to reduce overall height and maintaining as much of the existing park as possible. An arborist to be hired to evaluate the existing trees. Limit the east footprint of the building to the existing boundary as closely as possible. Permanent stage and workroom in the theater, and limit building size to approximately 20,000 square feet. The public is to receive information at least one week prior to Planning Commission meeting. MOTION PASSED BY UNANIMOS VOICE VOTE. 5/0 3. Consideration and possible action regarding Amendment No. 2 to a Contract No. 2993 with Christopher A. Joseph & Associates to prepare the land use entitlement documents and Environmental Impact Report (EIR) /Environmental Impact Statement (EIS) for the redevelopment of Area A of the Los Angeles Air Force Base (LAAFB), a residential site in Hawthorne (Lawndale Annex), and the de- annexation of Area A from the City of El Segundo to Hawthorne. The amount of the amendment would be $226,950 including a 10% contingency. Jim Hansen, Director of Community, Economic and Development Services gave a report. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to execute Contract Amendment No. 2 in a form to be approved by the City Attorney with Christopher A. Joseph & Associates to prepare the land use entitlement documents and EIR/EIS in an amount not to exceed $226,950 including a 10% contingency and authorize staff to adjust scope of work as necessary. Total cost of contract, including what was previously approved by the City Council, would be $569,350, plus a 10% contingency of $56,950 or $626,350. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2003. Consensus to direct staff to open the recruitment process for the positions on the CCBs beginning January 2003. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO.4 17 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. 5. Approved Warrant Numbers 2530130 to 2530386 on Register No. 5 in the total amount of $1,333,641.17 and Wire Transfers from 11/23/2002 through 12/06/2002 in the total amount of $1,156,245.83 and 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. 6. Approved City Council Meeting Minutes of December 3, 2002. 7. Adopted Resolution No. 4291 adopting Records Retention Schedule for the City Clerk's Department, Police Department and City Attorney's Office. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. Awarded Contract No. 3109 to 2H Construction in the amount of $196,434.00 for the installation of ADA elevator at City Hall (350 Main Street) — Project No. PW 02 -18 — CDBG Project No. 600069 -01 — Approved Capital Improvement Program. Authorized the City Manager to execute the contract on behalf of the City. Authorized $50,000.00 for construction contingencies. 10. Approved the waiving of formal bidding per Municipal Code, award Contract No. 3110 on a single- source basis to Granicus, Inc. for the purchase of Streaming Video management software, support and redistribution services. (First Year Fiscal Impact $20,750.00). Authorized the City Manager to execute the contract on behalf of the City. 10A. Approved the donation of salvageable steel shelving in the main library to the Center St. School Library for their renovation project. (Donated Salvage Cost: $4,000). MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to approve consent agenda items 5, 6, 7, 9, 10 and 10A. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action regarding applications to the Metropolitan Transportation Authority's (MTA) 2003 Call for Projects for project funding. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve the applications to the Metropolitan Transportation Authority's (MTA) 2003 Call for Projects for project funding, by recommending Vista del Mar roadway improvements, including median barrier and needed street widening, and landscaping of the north side of El Segundo Blvd. between Sepulveda Blvd and Main Street, including undergrounding of existing overhead power lines. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO. 5 18 F. NEW BUSINESS — 11. Consideration and possible action regarding adoption of a Resolution No. 4292 approving a partial divestiture of interests by AT &T Broadband. This sale will not result in an actual change of control of the franchisee. Council requested the City Attorney to review the Franchise with Time - Warner to see if they are in breech for the constant interruption to Cable coverage. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4292 approving a partial divestiture of interests by AT &T Broadband. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 12. Consideration and possible action regarding the availability of credit card transactions on the City's web site. Lee Robinson, Information Systems Manager, gave a report. Council requested an update, as other services are available. Council consensus to receive and file report. G. REPORTS — CITY MANAGER — NONE H. REPORTS —CITY ATTORNEY —NONE REPORTS — CITY CLERK 13. Consideration and possible action regarding cancellation of the January 7, 2003 City Council Meeting. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to cancel the January 7, 2003 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 J. REPORTS — CITY TREASURER — NONE K. REPORTS —CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Spoke regarding the Memorial dedication for Freedom Park. Council Member Wernick — Spoke regarding Hyperion and Scattergood plant disturbances. Mayor Pro Tern Jacobs — NONE Mayor Gordon — MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO. 6 19 14. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. MOVED by Mayor Gordon, SECONDED by Council Member Wernick to approve the request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 5 -7 -11; 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 -11B (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). MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Dean Schuttle, resident, spoke regarding the Christmas parade, and the detouring of buses. He stated that he road the bus on Sunday, December 7, and the bus was delayed before the parade began due to the street closure. Suggested that better arrangements be made. Carl Jacobson, resident, stated he agreed with the flexibility of the eastern boundary of the Community Center. Jane Tourinio, property owner, spoke about petitions. Mike Doucette, resident, stated he is encouraged about the redesign of the Community Center. MEMORIALS — William Bundy, Father -in -Law of Debby Bundy. ADJOURNMENT at 10:20 P.M. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2002 PAGE NO.7 20 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of six surplus' MAX vehicles from the City of Torrance to the City of El Segundo for donation to El Segundo Sister City Association, Inc. RECOMMENDED COUNCIL ACTION: (1) Approve acceptance of surplus MAX buses from the City of Torrance to the City of El Segundo; (2) Donate the MAX buses and authorize City Manager to execute all documentation to effectuate proper transfer of all vehicles to the El Segundo Sister City Association, Inc.; (3 Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 3, 2002, the MAX Program Coordinator informed its member cities that the Lead Agency (City of Torrance) staff, would be recommending disposition of surplus MAX vehicles. At the El Segundo City Council meeting of August 6, 2002, Council Member John Gaines, El Segundo's representative to MAX, reported that the surplus MAX buses would soon be available for donation to our Sister City. On September 24, 2002, the City Council of the City of Torrance approved and directed the transfer of six MAX vehicles to the City of El Segundo. El Segundo must accept the transfer before making the donation to the El Segundo Sister City Association, Inc. ATTACHED SUPPORTING DOCUMENTS: Agreement Regarding Donation of Surplus Property By The City of EI Segundo; List of all MAX vehicles. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes _ No X ORIGINATED: �� �-�` e`^' DATE: January 1 Julia O. Abreu, Executive Assistant REVIEWED BY: DATE: January 15, 2003 r /t Mary Strenn. Citv anaaer 21 3 AGREEMENT REGARDING DONATION OF SURPLUS PROPERTY BY THE CITY OF EL SEGUNDO. This contract arises from the City of El Segundo's offer to donate and El Segundo Sister City Association, Inc.'s offer to accept all of the City's right, title, and interest in the surplus property listed in the attached Exhibit "A" ( "Surplus Property"). In consideration of being permitted to accept the Surplus Property, El Segundo Sister City Association, Inc. ( "Organization ") agrees to the following: 1. ORGANIZATION agrees and represents that ORGANIZATION read, understands, and agrees to the City's rules and policies for purchasing the Surplus Property. 2. ORGANIZATION understands and agrees that the description of Surplus Property offered for donation was compiled from available data, and there is no guaranty or warranty as to number, condition or quality. ORGANIZATION agrees to assume all liability for the Surplus Property and understands that all property is sold "As is" and "Where is." ORGANIZATION agrees to assume any cost of weighing, packaging, crating, loading or hauling. THE CITY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE CITY BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. 3. ORGANIZATION understands and agrees that ORGANIZATION was provided the opportunity to inspect the Surplus Property before accepting it as a donation. Under no circumstances will the City accept a return of the Surplus Property on account of property not coming up to the standard expected nor will failure to inspect the Surplus Property be considered grounds for a claim against the City. 4. ORGANIZATION releases, waives, discharges, and covenants not to sue the City of El Segundo, its elected and appointed officials, agents, volunteers, and employees (collectively, "Releasees ") from all liability for any loss or damage, and any claim or demands on account of personal or property injury, whether caused by Releasees' negligence or otherwise arising from my purchase or subsequent use of the Surplus Property. 5. ORGANIZATION agrees to indemnify and hold the Releasees harmless from and against any and all claims arising from use of the Surplus Property whether caused by Releasees' negligence or otherwise. ORGANIZATION will pay all costs incident to any claim, including, without limitation, reasonable attorneys' fees. Page 1 of 2 42 6. ORGANIZATION expressly agrees that the foregoing release, waiver, and indemnity agreement 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 must, notwithstanding, continue in full legal force and effect. Signed this day f January, ary, 2003. EL SEGUNDO SISTER CITY ASSOCIATION, INC. Page 2 of 2 23 Attachment A Surplus Property Type of Vehicle Vehicle Identification # State License # 1990 Gillig Spirit 15GFE0411L2090033 285181 1990 Gillig Spirit 15GFE0413L2090034 285182 1990 Gillig Spirit 15GFE0410L2090038 285185 1990 Gillig Spirit 15GFE0412L2090039 285186 1990 Gillig Spirit 15GFE041XL2090046 285188 1990 Gillig Spirit 15GFE0411L2090047 285189 Odometer Reading 225,580 miles 152,216 miles 281,119 miles 280,679 miles 292,320 miles 255,512 miles 24. EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: Consideration and possible action Association to donate to the City a 1 the City, to be used as a parade rig. Not to exceed $1,000 after that. MEETING DATE: January 21, 2003 AGENDA HEADING: Consent regarding a proposal by the El Segundo Firefighters' 968 Crown fire engine, that previously was in service for Fiscal Impact: Minimal — Not to exceed $500 first year; RECOMMENDED COUNCIL ACTION: (1) Accept donation; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Firefighters' Association has located a fire engine previously in service with the City and would like to donate it to the City for public education activities and display at community events and parades. The fire engine, a 1968 Crown, will be used as a parade or public relations apparatus. The fire engine has already had some restoration done and would need only minimal maintenance to operate. In the future, Fire Association member or a donation for repairs through the Fire Association will perform any major repairs. ATTACHED SUPPORTING DOCUMENTS: Parade Engine Outline FISCAL IMPACT: Operating Budget: $500.00 Amount Requested: $500.00 Account Number: 703 -200- 3201 -2601 Project Phase: Appropriation Required: X Yes _ No ORIGINATED BY: DATE: I /L+-03 Norm Angelo, Fire C ief REVIEWED BY: DATE: MaASt ,C ity Manager 4J 4 El Segundo Fire Department Parade Engine Outline (revised 12/27/02) The El Segundo Firefighters' Association would like to donate to the City a 1968 Crown fire engine, previously in service with the City, for use as a parade engine. The fire engine will not be used as a reserve or front -line apparatus. The following is an overview of the Proposed donation: • City Equipment Maintenance personnel and Association members will maintain the apparatus. Discussions with Rick Longobart, Equipment Maintenance, have identified an estimated minimum maintenance cost of $500.00 for the first year. First year's costs will be from the Fire Department Donation Account. For future years, it is estimated $1,000.00 will be requested for maintenance. Major repairs are not anticipated at this time or in the foreseeable future. Association members, or a donation for repairs through the Association, will perform any major repairs. • Discussions with Richard Hogate, Purchasing /Risk Management, have identified no additional risk to the City and no need for additional insurance or bond. • The parade engine will be used in City parades and as a static display at City functions. The parade engine will not be used at any activities or events that are political in nature. • Personnel with a Class B driver's license and additional training on the engine specifics will operate the engine. • The Department will have a "Policy and Procedure" for the parade engine to ensure appropriate use and minimize costs. EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding a proposal by the Fire Department to purchase an additional portable UHF radio from Motorola for the Paramedic Extension Unit (E33) bringing our total purchases in excess of $10,000.00 for the year. This radio will provide a required second means of hospital communication and is a County requirement. The total cost for this radio is $3,560. RECOMMENDED COUNCIL ACTION: (1) Approve and authorize the purchase of the radio from Motorola; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: County regulations require that all Paramedic Units, whether they are full Rescues, Assessment Units or Extension Units, be equipped with two means of hospital communications. The accepted primary method is the use of cell phones or if available regular telephones. The most commonly accepted and reliable method of secondary communication is the use of radios, which can hail and communicate with the hospital on their County assigned frequency. In the past the accepted secondary method was the use of Bio - coms. Bio -com units are now outdated technology and are unserviceable. Purchase of this radio will bring the Extension Unit into compliance with County regulations by replacing outdated technology with modern technology. Our current system is a Motorola design. We received a quote of $3,560 for a portable radio, miscellaneous equipment, such as a spare battery and related software. Funds will be taken from budgeted equipment replacement monies allocated for the Bio -corns. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $16,200.00 in Equipment Replacement for Bio -coms Amount Requested: $3,560.00 (Total purchases to date from Motorola, including this, $10,700). Account Number: 601 - 400 - 3203 -8106 Project Phase: NSA Norm Angelo, ire Ch' f HtvIEWED Y: Mary enn, City Manager �Yc 7 // 5 27 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding a proposal by the Fire Department to purchase two (2) replacement vehicles (Paramedic Rescue Vehicle and Battalion Chief's Command Vehicle). Fiscal Impact: Not to exceed $274,700.00. RECOMMENDED COUNCIL ACTION: 1) Waive the purchasing procedures set forth in the El Segundo Municipal Code pursuant to ESMC Title 1 -7 -10; 2) Authorize the purchase and award of a Rescue Ambulance by piggybacking on the St. John, Florida Bid and purchase of related equipment (not to exceed $198,000 including tax); 3) Authorize the purchase of a Battalion Chief's Command Vehicle off of State Bid and sole sourcing turn -key installation of command package, to include all required emergency warning devices and radios, to Command Designs, Inc. ($76,000); 4) Authorize disposal of the surplused vehicles at auction; 5) Alternatively, discuss and take other action related to this item snr•KrRn� stir, n During the 2002 -2003 Budget process, the Fire Chief mentioned that he was in the process of evaluating equipment needs and the replacement funds. Based upon that evaluation by the Fire Department in coordination with the City Manager and the Public Works Equipment Maintenance Division, there are two immediate needs. The Second Line Rescue Vehicle (Unit #3303, a 1987 Ford F -350) is no longer reliable. We are recommending the replacement of a front line rescue vehicle and to move one of the existing front line vehicles, a 1996 Freightliner FL60, into second line status. (Continued on next page.) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: Amount Requested: $274,700.00 Account Number: 601 - 400 - 3202 -8105 (Equipment Replacement) Project Phase: Appropriation Required: _Yes X No ORIGINATED BY: DATE: Norm Angelo, Fire Chief Mary Str , City Manager 4/4Z R 28 BACKGROUND & DISCUSSION: Continued from page one: We are through the posing to "piggyback" on the St. Johns, Florida Bid #02 -18. We have confirm City Attorney's office that the St. Johns' bid requirements are substantially the same as the City of El Segundo's. We recommend that Council waive the City's s pecific confirmed Purchasing requirements pursuant to El Segundo Municipal Code Title 1 -7 -10 America La France is a subsidiary of Freightliner Corporation. Freightliner chassis for our Rescues and other public works vehicles. Working with a advantage during ongoing Freightliner chassis and a single source vendor would be an We are currently utilizing maintenance and warranty work. The Battalion Chief's Command Vehicle (Unit #3316, a 1990 Suburban replacement two years ago. Due to the age, recommend the replacement of this vehicle. are Proposing was due for miles and condition of the current unit, we vehicle off of State Bid which meets El Segundo's p posing purchasing purchase this replacement proposing awarding the contract for the command module conversion, emergency lighting, radios and auxilia We also are based on our contact of other vendors and deDtermin ng that Command source Design vendor able to fully meet our specifications. g a as a sole source vendor. This is was the only 29 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: -NDA HEADING. January 21, 2003 Consideration and Consent Of Los qn Possible action re RECOM Angeles Off ice of E regarding the sub MENDED ency Management (pEM) and a grant proposal to the Coun COUNCIL ACTION. Office of Justice Programs. 1) Recd file rennrf• tn' ... """"ryu & DISCUSSION; v I've1y' discuss and take other action related to this iterr On December 10 Governor's Office of Emergency County of Los Angeles grant proposals to the Office of Services briefed local offipc aM and the California Potential response to Justice PI and requested State of grant was released weapons o f mass dest destruction (OJP) to cover first r sub December 13 mission of meetings with police fire ' 2002• This grant is 1 o Poyfu needs for conducted and emergency deadline 00 /� federally funded. The a needs assessmegt coral serveces was Friday, January submitted a grant proposal for Plervic On January ry 1 p' 2003. Joint equipment provides for im a varlet safety staffs were detection Proved y °t first response equ;yme' 2003, the Fire Department El Segundo. response to assist d Personnel safety chemic p bent totaling gundo. management $83,091.73. The Bement of potential terrorist lth eats gn the The Council has the abili City of Segundo. ability to accept or reject an ATTACHED SUPPOgTtNG DOCUMENTS: y actual grant funding offered to the City of El None None Nor , Fir hief Mrya City Manager j- i,�f —o3 /�.3 7 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action for the acceptance of a grant from the California Law Enforcement Equipment Program ( CLEEP), Office of Criminal Justice Planning (OCJP) in the amount of $17,733.26, and appropriation of the funds to be used by the police department for the purchase of "high- technology equipment." RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the CLEEP grant from OCJP (2) Appropriate the funds to be used by the police department for the purchase of "high- technology equipment." (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 5, 2002, State Controller Kathleen Connell released $18.5 million to cities and counties throughout California pursuant to the California Law Enforcement Equipment Program ( CLEEP), which is now in its third year. The funds are allocated to city police chiefs and county sheriffs to be used for one -time grants to local law enforcement agencies for the purchase of high - technology equipment. This year's allocations will go to cities, counties, and specified special districts. Each entity will receive an allocation based on its population to the total population of all entities. However, each local law enforcement agency will receive a minimum grant of $15,000. This year the City of El Segundo received $17,733.26. This was based on the $15,000 minimum grant, plus a population allocation amount of $2,733.26. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $0 Amount Requested: $17,733.26 Account Number: 001 -400 - 3101.8104 / 001 - 300 - 0000 -3702 Project Phase: N/A Appropriation Required: x Yes _ No (with an offsetting increase in estimated revenue) J L 8 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the project forthe rehabilitation of Sanitary Sewer Pump Station No. 5 (737 Center Street) - Approved Capital Improvement Program — Project No. PW 01 -15 - (estimated cost = $299,469.25). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Change Order No. 1 in the amount of $3,469.25; (2) Accept the work as complete; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 5, 2002, the City Council awarded a contract to DenBoer Engineering and Construction, Inc., in the amount of $296,000.00, for the rehabilitation of Sanitary Sewer Pump Station No. 5, located at 737 Center Street. During construction and after draining of the wet well, it was discovered that the existing ladder was rusted. The costs for replacement of the wet well ladder and for the dewatering of the wet well were $3,469.25. The work has now been completed to the satisfaction of staff and the final contract amount of $299,469.25. Staff recommends acceptance of this project. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. 2. Vicinity map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $1,040,000.00 $ 299,469.25 302 -400- 8204 -8468 Accept the work as complete No ORIGINATED BY: n DATE: January 14, 2003 JGiXa� � Andres Santamaria, Director of Public Works REVIEWED BY: DATE: Mary Strenn, ity Onager X/ 20030121 — AccepUnce of Sanitary Sewer Pump Station No. 5 —PW 01.15 9 32 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Rehabilitation of Sanitary Sewer Pump Station No. 5 Project No.: PW 01 -15 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was Feld reviewed by the City Engineer on December 14, 2002. The work done was: Rehabilitation of Sanitary Sewer No. 5. 6. On January 21, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: DenBoer Engineering and Construction, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Sanitary Sewer Pump Station No. 5. 9. The street address of said property is: 737 Center Street Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2003 at El Segundo, California. Bellur K. Devaraj City Engineer NOTICE OF COMPIETION5 01 -15 RCCEPTANCE OF SANITARY SEWER PUMP STATION NO.5 33 N O W IA1N(707 53130NV SO-1 Z 'AN, 3Ny0H1MVH J0 Al I F' < i OnIP- 00310 NV$ � O n n n. 3AV 8141 Q ^ ^ W n: I II II II I uIJIII II 'OnIS u1JU�f OI,J m 1_ bll oaa. T m tl ! v 1 r _ u 1SY8 13NtlON e epunP 1110 RP3 NouV1nV m 2 3 v O v 3nV OON003. 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IrPM EKES Y N LL OI ry = 5 PNO O J n 0 0 vY` i W QN14 CL a U z O h a V W - H N W U y- _ o 2! F Q. V d 4 a v U o N IL J EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of construction of sidewalk/curb ramps along Pine Avenue (east of Sierra Street and west of Maryland Street) and along Center Street (Grand Avenue to Franklin Avenue) — Project No. PW 02 -05 - Approved Capital Improvement Program - (estimated cost = $21,220.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 7, 2002, the City Council awarded a contract to FS Construction in the amount of $22,098.00 for the construction of sidewalk/curb ramps along Pine Avenue and Center Street. The work has now been completed to the satisfaction of staff and the final contract amount, based on measured quantities, is $21,220.00. Staff recommends acceptance of this project. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Capital Improvement Program: $405,900.00 Amount Requested: $ 21,200.00 Account Number: 106400- 8203 -8604 Project Phase: Acceptance of project Appropriation Required: No ORIGINATED BY: -3 J y -,-4- , _ DATE: January 14, 2003 Andres Santamaria, Director of Public Works 20030121 - Acceptance of Sidewalks -Curb Ramps along Pine Avenue - PW 02 -05 10 3 5 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name : Construction of Sidewalk/Curb Ramps along Pine Avenue and Center Street Project No.: PW 02 -05 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 15, 2002. The work done was: Construction of sidewalk/ curb ramps 6. On January 21, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: FS Construction 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Construction of sidewalk/curb ramps 9. The street address of said property is: Pine Avenue and Center Street Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2003 at El Segundo, California. Bellur K. Devaral City Engineer NOTICE OF DOMPLETONSW W 03.05 CONSTRUCTION OF SIDEWALK -CURB MMPS ALONG PINE - CENTER 3 6 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: January 21, 2003 AGENDA HEADING: Consent Agenda Consideration and Possible action regarding acceptance of contract for the construction of mid -block surface drainage improvements /curb replacements at nine (9) locations — PW 02 09 A - Approved Capital Improvement Program - 9 (estimated cost = $81,950.00), RECOMMCUn�,� Recommendation — (1) Accept the work as complete; 2 the City Engineer's Notice of Completion in the County Recorder's Office; ( 3 ) Alternatively discuss and take other action related to this item. ()Authorize the City Clerk to file vn May 7, 2002, the City Council awarded a contract to Green Giant Landscape, Inc., in the amount of $81,950.00 for the installation and repair of various mid -block surface improvements, including related streettsidewalk construction. The work has now been completed to the satisfaction of staff and the final contract amount is $81,950.00. Staff recommends acceptance of this contract. Notice of Completion. Capital Improvement Program: Amount Requested: $405,900.00 Account Number: $ 81,950.00 Project Phase: 106 -400- 8203 -8452 Appropriation Required: Acceptance of work No Andres Santnmo� 20030121_ Acceptance Of Mid-block SUrla0e- Curb Improvements — Pw 0U9A ■ , 37 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Mid -block Surface Drainage Improvements /Curb Replacements at Nine (9) Locations Project No.: PW 02 -09 A Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 15, 2002. The work done was: Drainage improvement/curb replacement 6. On January 21, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Green Giant Landscape, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Drainage improvements /curb improvements at various locations 9. The street address of said property is: Various locations Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2003 at El Segundo, California. Bellur K. Devaraj City Engineer NOTICE OF COMPLETONSPW 02 -09 A SURFACE IMPROVEMENTSCURB REPLACEMENTS AT a LOCATIONS I� EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: January 21, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding acceptance of the construction of forty -four (44) curb ramps and adjacent sidewalks along Mariposa Avenue — Project No. PW 02 -04 - Approved Capital Improvement Program - (estimated cost = $37,830.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion; (3) Alternatively discuss and take other action related to this item. BACKGROUND 8r DISCUSSION: On May 7, 2002, the City Council awarded a contract to FS Construction forthe installation and repair of various handicapped access ramps, sidewalk and other improvements along Mariposa Avenue in the amount of $35,254.00. The work has now been completed to the satisfaction of staff and the final contract amount, based on measured quantities, is $37,830.00. Staff recommends acceptance of this project. ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Capital Improvement Program: $405,900.00 Amount Requested: $ 37,830.00 Account Number: 106 -400- 8203 -8451 Project Phase: Acceptance of project Appropriation Required: No ORIGINATED BY: DATE: January 14, 2003 Andres Santamaria, Director of Public Works 20030121 — Acceptance of Sidewalks -Curb Ramps along Pine Avenue — PW 02 -05 12 39 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Construction of Forty -Four (44) Curb Ramps along Mariposa Avenue Project No.: PW 02 -04 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 15, 2002. The work done was: Construction of curb ramps 6. On January 21, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: FS Construction 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Construction of curb ramps and adjacent sidewalks 9. The street address of said property is: Mariposa Avenue Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2003 at El Segundo, California. Bellur K. Devaraj City Engineer NOTICE OF COMPLETIONSSPW W-N CONSTRUCTION all EL SEGUNDO CITY COUNCIL MEETING DATE: January2l, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding Change Order No. 1 for $18,350.00 to Howard Ridley Company, Inc. for professional concrete waterproofing services at City Hall — (Change Order amount $18,350.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Change Order No. 1 for $18,350.00; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On August 6, 2002, the City Council approved the standard agreement for $18,400.00 with Howard Ridley Company, Inc., to provide below -grade waterproofing and drainage improvements at City Hall. (Background & discussion continued on the next page.....) ATTACHED SUPPORTING DOCUMENTS: Change Order No. 1. FISCAL IMPACT: Capital Improvement Program: $313,850.00 Amount Requested: $ 18,350.00 Account Number: 301 - 400 - 8202 -8469 Project Phase: Construction Appropriation Required: No ORIGINATED BY: DATE: January 14, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: DATE: / Mary Strenn, Citj4er IA -J 2.20121 -CHANGE NORDER NO1TO HOWARD RIDLEY- CITYHNLLWATERPR4111G 13 41 BACKGROUND & DISCUSSION: (continued) The original agreement provided for the removal of vegetation along the City Hall wall adjacent to Standard Street; clearing and exposing the footing; waterproofing of wall and footing and installation of a drain. Subsequent to the start of work, it was determined that three (3) items of work needed to be added to the project in order to provide adequate waterproofing and drainage: 1. Application of VAP Waterproofing System to the basement floor. 2. Installation of 4" PVC drain line from downspout to storm drain to divert the flow of rainwater from the roof. 3. Coring into existing storm drain to provide proper drainage. Subsequent to the project being completed, two (2) rainy days occurred. Inspection of the project showed that no moisture was present in the basement and work could now continue for the installation of offices. 2020121- CHANGE NORDER NO t TO HOWARD RIDLEY- CITY HALL WATERPROOFING 42 CITY OF EL SEGUNDO CHANGE ORDER Public Works Department, General Services Division, 150 Illinois Street, El Segundo, CA 90245 TELEPHONE: 310- 524 -2709 DATE: December 5, 2002 NAME OF COMPANY: Howard Ridley Company, Inc. PROJECT: City Hall Waterproofing CHANGE ORDER NO.: One (1) PSA NO.: 3039 FACSIMILE: 310 -414 -0911 You are hereby Instructed, subject to the provisions of the above named contract, to make the following amendments thereto: ITEM DELETE ADD DESCRIPTION UNIT PRICE CREDIT ADD 1 X Clean floor, grind, apply N/A $16,625.00 VAP System 2000 2 X Install drain line to storm N/A $ 1,250.00 drain and install conduit to replace galvanized conduit to electric vehicle charging station 3 X Core into storm drain N/A $ 475.00 (See attached sheets for change order details) Time Extension: 0 (Calendar Days) NET: + $18,350.00 APPROVED BY: Howard Ridley Company, Inc. Contractor Name ACCEPTED: and Title DATE: NIISCELLANEOOSICHANGE ORDER NO 1- HOWARD RIDLEY COMPANY -CRY HALL WATERPROOFING APPROVED BY CITY COUNCIL ON: Date ACCEPTED: City Engineer DATE: 43 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding Change Order No. 1 for $3,965.11 to Mel Smith Electric, Inc. for Recreation Park Electrical Upgrades— Project No. PW 01-05— (Change Order amount $3,965.11). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Change Order No. 1; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On July 2, 2002, the City Council awarded a contract in the amount of $489,000.00 to Mel Smith Electric, Inc. for Recreation Park Electrical Upgrades. Additional items of work have been added as follows: 1. Installation of 3" data conduit from Joslyn Center to City Hall. 2. Installation of new foundation and fixtures using existing pole. 3. Change 3 -2" conduits to 2 -3" and 14" conduits. Change order No. 1 also includes a credit to the City of $27,000.00 for the deletion of an alternate bid item. ATTACHED SUPPORTING DOCUMENTS: Change Order No. 1. FISCAL IMPACT: Capital Improvement Program: $429,000.00 Amount Requested: $ 3,965.11 Account Number: 301 - 400 - 8202 -8473 Project Phase: Construction Appropriation Required: No ORIGINATED BY: a DATE: January 14, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: DATE: Mary Strenn, City Mdpdqer y °3 14 44 CITY OF EL SEGUNDO CHANGE ORDER Public Works Department, General Services Division, 150 Illinois Street, El Segundo, CA 90245 TELEPHONE: 310- 524 -2709 DATE: November 6, 2002 NAME OF COMPANY: Mel Smith Electric, Inc. PROJECT: Recreation Park Electrical Upgrades CHANGE ORDER NO.: One (1) SPECIFICATION NO.: PW 01 -05 FACSIMILE: 310 -414 -0911 You are hereby instructed, subject to the provisions of the above named contract, to make the following amendments thereto: ITEM DELETE ADD DESCRIPTION UNIT PRICE CREDIT ADD 1 X Change 3 -2" data conduits N/A $ 3,384.11 to 2 -3" and 14' 2 X Install new foundation and N/A $13,581.00 fixtures using an existing pole 3 X Install 3" data conduit from N/A $14,000.00 Joslyn Center to City Hall 4 X Delete Addendum No. 1 N/A $27,000.00 alternate bid items (See attached sheets for change order details) Time Extension: 0 (Calendar Days) Net: + $3,965.11 APPROVED BY: APPROVED BY CITY COUNCIL ON: Mel Smith Electric, Inc. Contractor Name ACCEPTED: Name and Title DATE: Date ACCEPTED: City Engineer DATE: �A H EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: AGENDA HEADING: January 21, 2003 Consent Agenda Consideration and possible action regarding approval to publish a Request for Proposal for a three (3) year City street sweeping contract — (Fiscal Impact - none at this time). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize staff to solicit proposals from firms that specialize in street sweeping; and (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: El Segundo has 8,755 curb miles to be swept annually. The new contract will have the same provisions as previous contracts except that it will have the option of two (2) alternate bid items for daily or weekly sweeping in the downtown area. A review of the NPDES regulations and of any prior agreements will be conducted prior to making a choice. Efficient street sweeping is beneficial to the community by protecting public health and maintaining a clean environment. In 1999, the South Coast Air Quality Management District determined that regular street sweeping captures road dust that is a significant source of PM10 emissions. These emissions are linked to a variety of health effects from increased hospitalizations to shortened life spans. In addition, regular sweeping eliminates debris and automotive fluids that may run off into storm drain systems. On June 21, 1994, the City Council awarded a contract to Nationwide Environmental Services for the sweeping of streets, alleys and City -owned parking lots for a period of two (2) years and nine (9) months. The contract was extended for three (3) 3 -year periods, and the current contract will expire on June 30, 2003. By going out for proposals now, there will be sufficient time to make an appropriate selection. It is estimated that the annual fiscal impact will be approximately $100,000.00 ATTACHED SUPPORTING DOCUMENTS: Nnna FISCAL IMPACT: None Operating Budget: $115,500.00 Amount Requested: None at this time Account Number: 001 - 400 - 4201 -6206 Project Phase: Request for Proposal (RFP) Appropriation Required: No ORIGINATED BY: DATE: January 15, Andres Santamaria, Director of Public Works ORIGINATED BY: DATE: Mary Strenn, City an r // 15 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding waiving formal bidding and awarding contract on a sole source basis for the purchase of a 3M security system to replace the current system in the library. (Fiscal Impact: $13,850) RECOMMENDED COUNCIL ACTION: 1) Waive the formal bidding process per the municipal code; 2) Approve the purchase of the 3M security system to replace the library's current system; 3) Authorize the city manager to execute a contract on behalf of the city; 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The library's current security system is more than ten years old and is no longer effective at preventing theft and controlling loss of library materials. Parts, service and repairs for the Knogo system are no longer available. The library's 146,000 volume book collection is tagged with 3M security strips. 3M Corporation now holds the patent on the parts of the security system which actually detect theft by interacting with the tags in the books; therefore, it is necessary to use this vendor because the theft detection mechanism is the only one which is compatible with our collection. Funds from the library's equipment replacement account will be used. ATTACHED SUPPORTING DOCUMENTS: 1) Letter from 3M confirming sole source. FISCAL IMPACT: Operating Budget: $13,850 Amount Requested: $13,850 Account Number: 001 - 400 - 6101 -8108 001 - 400 -6102 -5204 Project Phase: Purchase Appropriation Required: _Yes X No IGINA,TEE,1D B'Y::�.'. DATE: 12120/02 Debra Brighton, Director REVIEWED Bt.. DATE: Mary St nn, City Manager 16 47 DEC -13 -2002 13:35 CITY -EL sin Lmrary systems December 10, 2002 SEGUNDO BUS.SUCS. .sm "ater, nuttatng LLJ-91N -Iw St. Paul, MN 55144 -1000 800 328 0067 Telephone 800 223 5563 Fax w .Wxom/library Mr. Richard Hogate Risk Manager /Purchasing Agent Administrative Services Department City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 Dear Mr. Hogate: 310 322 2756 P.01i01 3M is the developer and manufacturer of the 3M'14 Detection Systems, and as such, we are also the sole source for these systems. We have patents on certain parts of the system technology, including the ability to detect and process material protected by 3Mrm Tattle - Taperm Strips, and the Hl Hub Marker for DVDs. We are not aware of any other manufactmr that sells magnetic library security systems operating within the scope of 3M's patents. Service contracts and warranties are based on the correct usage with Tattle -Tape Strips. Our representative for your area is Art L.eoncio and he can be contacted at 800/328- 0067. Thank you for your interest in the 3M Detection Systems and if there are any firrther questions or problems, please feel free to contact us. Sincerely, 4rt--�-V- �� Robert P. Noirj National Sales and Marketing Manager lrr (Notary Public) My commission expires: cc: - A. Leoncio — Acco& Repieseanlativ - M. Keefe - Regional Sales Manager COUNTY :a Jcn. s1.2< TOTAL P.01 -2 EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the submittal of a detachment and annexation application to the Los Angeles County Local Agency Formation Commission ( LAFCO) to detach an approximately 49 -acre area of land at the southeast corner of Aviation and El Segundo Boulevards from the City and allow annexation of that property (Area A of the Los Angeles Air Force Base ( LAAFB)) by the City of Hawthorne to facilitate the consolidation and retention of the LAAFB in the City. RECOMMENDED COUNCIL ACTION: 1. Reading of Resolution approving LAFCO application resolution by title only; 2. Authorize the City Manager to submit a detachment/annexation application to LAFCO; or, 3. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On April 16, 2002, the City Council approved a contract with Christopher A. Joseph and Associates, to prepare a Specific Plan and EIR for the Air Force Base Redevelopment Project (Area A). At that time, the project description consisted of a commercial shopping center proposal for the redevelopment of Area A. After circulation of the Draft EIR for the project, considerable concern was raised by the City of Hawthorne and residents of the Hollyglen community in Hawthorne regarding the potential impacts of the proposed commercial redevelopment of Area A. I n response to this, the developer selected by the Air Force (SAMS Venture LLC) decided to revise the project description to propose multiple - family housing (25 units per acres) instead of commercial uses. Discussions with Hawthorne staff concluded that development of housing on Area A might result in a more successful project, meeting the City's overall goal of retaining the base on Area B. Based on compatibility and public service concerns, the staffs of both cities concluded that Area A should be removed from the City of El Segundo and annexed into the City of Hawthorne as an effective means of insuring the overall success of the project. Submittal of an application to LAFCO is the first step in the detachment/annexation process and requires adoption of a resolution from the both El Segundo's and Hawthorne's City Councils to initiate the process. ATTACHED SUPPORTING DOCUMENTS: 1. LAFCO Resolution FISCAL IMPACT: Operating Budget: none Amount Requested: none Account Number: NIA Project Phase: NIA Annrondation Reauired: Yes X No UA 1 t: `ea„� James M. Ha en, Dire for of Community, Economic and Development Services REVIEW D BY DATE: Mary tr City Manager /y /3 17 40 STAFF REPORT: January 21, 2003 BACKGROUND & DISCUSSION: (cont.) Page 2 The subject property is located at the southeast corner of El Segundo and Aviation Boulevards. The current City boundary extends along the east and south sides of the property. A railroad right -of -way to the south of the Area A property and the 1-405 Freeway on -ramp at the northeast corner of the area are also in the City of El Segundo and would be proposed to be included in the land that is annexed by the City of Hawthorne. The staffs of both Hawthorne and El Segundo are recommending that the new City boundary be designated as the street centerline of Aviation Boulevard on the west, and El Segundo Boulevard on the north. The current boundary line along the El Segundo Boulevard east of Isis Avenue would remain unchanged, as would the eastern boundary line adjacent to the Ramada Inn and 1 -405 freeway onramp. A map is attached to the draft resolution (Exhibit 1), which depicts the proposed property boundaries. Staff also recommends that the City maintain the responsibility for maintenance of the landscaped median in El Segundo Boulevard. Hawthorne has indicated that they do not have the resources and the developer has expressed an unwillingness for the homeowners association of the residential project to be responsible for future maintenance. Since the City currently maintains the median and there are businesses (i.e., Big 5, Denny's) on the north side of the street in El Segundo, the City can ensure the appearance of this entry area to the City is maintained by retaining responsibility for the landscaping. The LAFCO Process The Cortese - Knox - Hertzberg Act (Government Code section 56000 etseq.; "the Act ") governs the LAFCO process. Under the Act, two changes of organization when processed together constitute a reorganization. The pending proposal is for a reorganization --that is, detachment from El Segundo and annexation to Hawthorne. The reorganization must be consistent with the cities' "spheres of influence." In this case, an amendment to the El Segundo - Hawthorne sphere will be processed concurrently with the application for reorganization. An application for reorganization can be initiated by petition of landowners or registered voters in the affected area or by city council resolution. In this case, the application will be processed by resolution of the two City Councils. The resolutions together with the application will be filed with LAFCO on January 22, 2003. LAFCO is required to perform a fiscal /services analysis of the reorganization. Once the analysis is complete and the EIR/EIS is certified, the application will be presented to the LAFCO Board for action. Assuming that the federal government, as the current owner of the affected area, gives its consent to the reorganization, LAFCO can act without the necessity of a public hearing. Assuming that LAFCO approves the application, the "conducting authority" has one year to complete the process. In this case, the conducting authority would be the City Council of either El Segundo or Hawthorne, as designated by LAFCO. The conducting authority must hold a public hearing, unless LAFCO waives the requirement, which it can do if the Air Force 50 STAFF REPORT: January 21, 2003 Page 3 and both cities consent to the waiver. If a public hearing is required and at the conclusion of the hearing the Air Force is on file as opposing the reorganization, the conducting authority must terminate the reorganization; otherwise the conducting authority must adopt a resolution ordering the reorganization. (This would be an uninhabited reorganization, since there are less than 12 registered voters or landowners in the affected area. An election would be required only if there where more than 12 and even then the election would only involve the registered voters or landowners within the affected area.) Assuming the resolution is adopted, the reorganization is deemed complete once a certificate of completion is issued by the executive director of LAFCO and recorded in the Office of the County Recorder. There then starts a 60 -day statute of limitations to challenge the reorganization. Staff anticipates that LAFCO will act upon submittal of the application on January 22, 2003 and that LAFCO will approve the reorganization in June of 2003. The application also includes a $14,100 filing fee. The developer has agreed to pay the fee at the time of application submittal. PAPlanning & Building Safety \PROJECTS \576 - 599 \EA- 577\LAFCO application.ais.doc 51 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SETTING FORTH ITS INTENT TO CONSIDER A PROPOSED REORGANIZATION INVOLVING DETACHMENT OF THE LOS ANGELES AIRPORCE BASE AREA A FROM EL SEGUNDO AND ITS ANNEXATION TO HAWTHORNE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: WHEREAS, the City of El Segundo hereby notifies the Local Agency Formation Commission (LAFCO) that the City of El Segundo is considering initiation of a proposed reorganization pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization that would concurrently detach territory from the City of El Segundo and annex the territory to the City of Hawthorne; and WHEREAS, the principal reasons for the consideration of the proposed reorganization are as follows: (a) The United States Air Force maintains facilities in the greater Los Angeles region known as the Los Angeles Air Force Base ('the LAAFB"). (b) Portions of the LAAFB facilities are currently located in the Sun Valley community of the City of Los Angeles ('the Sun Valley Site "), in a section of the City of Hawthorne ('the Lawndale Annex') and on two sites in the City of El Segundo ( "Area A" and "Area B "). (c) The LAAFB presently employees more than 4,000 military and civilian personnel and their jobs are important to the economic vitality of Southern California and the local aerospace defense industry in particular. (d) The United States Air Force intends to consolidate and upgrade the LAAFB through the implementation of a unique public - private partnership, whereby the Sun Valley Site, the Lawndale Annex and Area A will be conveyed to a private developer in exchange for new facilities constructed by the developer on Area B from revenue generated by the developer. (e) The area proposed to be detached from El Segundo and annexed to the City of Hawthorne ('the subject area ") is uninhabited. It is located east of Sepulveda Boulevard at the southeast corner of El Segundo and Aviation Boulevards and is bounded by El Segundo Boulevard on the north, the Southern Pacific railroad tracks and residential neighborhood of Hollyglen on the south, Aviation Boulevard on the west, and the San Diego Freeway (1 -405) on the east, as shown in Exhibit A. -t- 52 M The detachment and annexation would facilitate the development of residential uses on LAAFB Area A; would satisfy the objectives of the LAAFB; would be compatible with the existing, adjacent residential Del Aire neighborhood in the County of Los Angeles and the existing, adjacent residential Hollyglen neighborhood in Hawthorne; and would provide for the most efficient provision of services to the proposed residential uses in LAAFB Area A. (h) In order to do all that they can to retain the LAAFB and to satisfy the concerns of the Hollyglen Neighborhood and Del Aire Neighborhood, the City of El Segundo has agreed to consider detachment of Area A for residential development only and the City of El Segundo has agreed to consider a proposed reorganization involving detachment of the Los Air force Base Area A from El Segundo and its annexation to Hawthorne for residential development only. WHEREAS, the agencies that would be affected by the proposed reorganization are as follows WHEREAS, the territory proposed to be reorganized is Uninhabited. -2- 53 CURRENT FUTURE FUNCTION AGENCY /DISTRICT AGENCY /DISTRICT Sewer Count Sanitation District No. 5 County Sanitation District No. 5 Water Southern California Water Southern California Water Com an (private) Company (private) Solid Waste None — private hauler H& C Disposal (single source Natural Gas The Gas Company The Gas Company Electricity Southern California E(- ison Southern California Edison Library EI Segundo Public Library County of Los Angeles Library S stem Police El Segundo Police De artment Hawthorne Police Department Fire El Segundo Fire Department County of Los Angeles Fire Department (Hawthorne is contract City) Schools K -8 Wiseburn School District Wiseburn School District School (9 -12) Centinela Valley Union High Centinela Valley Union High School District School District Community El Camino Community College El Camino Community College College District District Street Lighting Southern California Edison Southern California Edison lighting District Traffic Signal Los Angeles County Public Los Angeles County Public Maintenance Works Works Storm Drain Los Angeles County Flood Los Angeles County Flood catch basin Control Control maintenance WHEREAS, the territory proposed to be reorganized is Uninhabited. -2- 53 WHEREAS, in conjunction with this resolution to consider a proposed reorganization involving detachment of the Los Angeles Air Force Base Area A from El Segundo and its annexation to Hawthorne, the City of Hawthorne is also considering a Specific Plan, an amendment to it's General Plan and zoning that would add the subject area to the General Plan and permit residential land uses and make it compatible with nearby residential uses as shown in Exhibit A. WHEREAS, a draft Environmental Impact Report that addresses the reorganization is now being prepared and El Segundo will consider and review the Final Environmental Impact Report prior to making its determination to adopt any resolution of application for reorganization of the subject area. The City of El Segundo will also submit the Environmental Impact Report to the Local Agency Formation Commission with any resolution of application for reorganization adopted by El Segundo. NOW, THEREFORE, this Resolution to consider a proposed reorganization involving detachment of the Los Angeles Air Force Base Area A from El Segundo and its annexation to Hawthorne is hereby adopted and approved by the City Council of the City of El Segundo. The City of El Segundo hereby requests the staff of LAFCO to undertake preliminary processing and consideration of the reorganization. . BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of the City of El Segundo, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of the City of El Segundo, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 21st day of January, 2003. APPROVE DaAS,T�'FORM: ✓ Mark D. Hensley, ity Attorr 19911 Mike Gordon, Mayor 54 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. _ was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21st day of January, 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk IIs ON CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 21 st day of January, 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of January 2003. LA #108237 J2 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -5- 56 0 F w R; h R O w V O w E 'fl w 0 wA C7 5 W J d Oj City Council Resolution No. _ EXHIBIT A 4 A h W 0 y IF 4 b h 04 0 3 M I 1 Q ,W/`133�13 ``� HINDRY AVE, \ \\ \N \\ ♦ ' 'CIA-1E N H� O W 0 � H NOIiVIAV X,\S`O N ZW �� 3 City Council Resolution No. EXHIBIT B Property Boundaries: Area A is comprised of 39.24 acres and is located at the southeast corner of El Segundo Boulevard and Aviation Boulevard and is bounded by El Segundo Boulevard on the north, the Southern Pacific railroad tracks and the residential neighborhood of Hollyglen on the south, Aviation Boulevard on the west, and the San Diego Freeway(I -405) on the east. W j1 el EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the second amendment to an Agreement Affecting Real Property (AARP) between the City of El Segundo and Arrow Electronics, Inc. for real property located at 111 Maryland Street. RECOMMENDED COUNCIL 1. Authorize City Manager to sign the Release of Covenant (Exhibit 1) to hold the property as one parcel and the Second Amendment to the Agreement Affecting Real Property (Exhibit 2). 2. Alternatively discuss and take other possible action related to this item. & DISCUSSION: On September 30, 2002, a request was received from Arrow Electronics, Inc., (Exhibit 3) (formerly Wyle Electronics /Laboratories) for a Release of Covenant. The Release of Covenant would allow the properties located at 111 Maryland Street (Parcel 1) and 220 Maryland Street (Parcel 2) to have separate ownership. A Single -Site Covenant was recorded on December 31, 1984, which required that Parcels 1 and 2 be tied together by one owner. Planning Commission Resolution No. 2051 (Exhibit 4), adopted on October 31, 1983, required the recordation of the Single -Site Covenant and the inclusion of the same requirement in the Agreement Affecting Real Property (Exhibit 5) signed by the City on February 1, 1984. The purpose of the requirement to hold the parcels as one was to allow additional development at 111 Maryland Avenue without additional required parking. It also ensured that should the City determine the required parking for Parcel 1 was necessary, the owner would be obligated to provide the parking on Parcel 2. (continued on page 2). ATTACHED SUPPORTING DOCUMENTS: 1) Release of Covenant to Hold Property as One Parcel 2) Second Amendment to Agreement Affecting Real Property 3) Letter received September 30, 2002 4) Planning Commission Resolution No. 2051 5) Original Agreement Affecting Real Property 6) Updated Covenant and Agreement Affecting Real Property 7) Map of Properties Affected by Release of Covenant Operating Budget: none Amount Requested: none Account Number: none Project Phase: none Appropriation Required: _Yes X No OR2'_. D+`BY / � / /a.0 DATE: James Hansen, Director of Community, Economic and Development Services REVIEWED BY DATE: %/,3 18 Mary Str n, City Manager 5 9 BACKGROUND & DISCUSSION: (continued from page 1) Additionally, Resolution No. 2051 intended to preserve the land for use as a park until such time that the required parking to support Parcel 1 is necessary by making a finding that, "The loss of park land and the activities it supports would offset any environmental gains derived by the immediate development of the parking facility." Although the park was originally developed in the late 1970's or early 1980's for Wyle employees, Resolution No. 2051 also established that the park would be opened to the public. In the years following, the two parcels were sold and are currently under separate ownership which is inconsistent with the current HARP. The applicant is requesting that AARP be amended to allow separate ownership of the parcels. In essence, the proposed action simply changes the legal documents to reflect the changes in ownership and would allow Arrow to sell Parcel 2. There would be no change however, to the requirement that Parcel 2 remain a park until such time as the City determines that the parking requirements for Parcel 1 are met Arrow has informed the Planning Division of its intent to sell Parcel 2 to the Hilltop Community Church. The Church is prepared to accept the Declaration and is concerned about the status of the single -site Covenant. Without the recordation of this document, Arrow will be unable to sell the property (Parcel 2). Arrow requests that the 1984 single -site Covenant be released in exchange for a new covenant, which preserves Parcel 2 for the parking requirements of Parcel 1. If Hilltop Community Church, or any future owner, would like to remove the park and convert it to a paved parking lot, the Citywould have to make a determination that it is necessaryforthe facility at 111 Maryland Street and 52 parking spaces would have to be reserved for that facility. A Planning Commission action would be necessary to make that determination. The following is a summary of actions taken on the properties in question: On October 28, 1982, the Planning Commission adopted Resolution No. 2006 which recommended the City Council certify a negative declaration for a proposed building addition (16,052 square feet) at 111 Maryland Street. On October 13, 1983, the Planning Commission adopted Resolution 2051 recommending that the City Council "Reaffirm and Certify a Negative Declaration of Environmental Impacts with Conditions for a Proposed Deferment of Required Parking at 111 Maryland Street... ". In Resolution No. 2051, the Planning Commission found that "The loss of the park land would offset any environmental gains derived by the immediate development of the parking facility." A condition of approval in the resolution states, "That a single -site covenant be recorded, tying the park land (site of future parking) to the development site (111 Maryland Street) in order that the park site will always be available for future parking needs." 60 BACKGROUND & DISCUSSION: (Continued) On November 1, 1983, the City Council approved the Agreement that implements Planning Commission Resolution No. 2051. The Agreement stated in part, "Wyle shall ... (b) Cause to be recorded a single -site Covenant Agreement approve by and signed by the City Manager. The single -site Covenant Agreement shall provide, among other things, that PARCEL 2 shall be made available by WYLE or WYLE's successor(s) in interest for the parking needs deferred by this Agreement at any time the parking is required by CITY. The single -site Covenant Agreement shall also provide that PARCEL 1 and PARCEL 2 constitute a single -site development, and that prior to any other development occurring on PARCEL 2 it shall be determined by CITY that the parking requirement deferred by this Agreement and shown on plans submitted by WYLE to be on PARCEL 2 are no longer required. 3. The intent of this Agreement is to allow WYLE to occupy the building on PARCEL 1 on a temporary basis, without the parking required by the City's Codes, until such time as it is determined by CITY the parking required by the City's Codes shall be constructed on PARCEL 2.... 4. In further consideration of the execution of this Agreement by the City of El Segundo, WYLE agrees to continue to maintain the park in a manner acceptable... and agrees on behalf of itself and its successor(s) in interest to make the park available for public use." On November 16, 1983, the City Council adopted Resolution No. 3174, allowing the construction of the building at 111 Maryland Street. Wyle sold most of their land, including Parcel 1, to Wess Investment Corporation on December 7,1994. The sale caused a division in the ownership established by the Covenant since the sale did not include Parcel 2. A Declaration of Access and Parking Easements was recorded in order to execute the sale, but this document was never approved by the City. The intent of the Declaration was to continue the conditions established by the original AARP. Article 5.2 states that the Declaration or any provision hereof, may be terminated, extended, modified or amended as to all or any portion of the property with only the written consent of the owners of the parcels. This document does not change the requirement established in the original AARP, which preserves the existing park land and prevents new construction other than the required parking to support Parcel 1 when it is determined it is needed. The requirement remains in effect despite the fact that the property will be released from the single -site Covenant. • Wyle merged with Wyle Electronics and Wess Investment Corporation then changed its name to Wyle Laboratories, Inc., which merged with Arrow Electronics, Inc. on February 8, 2001. In addition, Wyle Electronics sold all of its land to 128 Maryland Associates, LLC on February 22, 2001, but continues to occupy the property as lessee. • Arrow's ownership of Parcel 2 is due to its merger with Wyle Electronics, which was several years after the land division that created the need for the Release of Covenant. 61 RECORDING REQUESTED BY CITY OF EL SEGUNDO AND WHEN RECORDED MAIL TO City of El Segundo City Clerk's Office 350 Main Street El Segundo, California 90245 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) RELEASE OF COVENANT TO HOLD PROPERTY AS ONE PARCEL 149537 1 62 RECORDING REQUESTED BY: CITY OF EL SEGUNDO WHEN RECORDED RETURN TO: CITY OF EL SEGUNDO CITY CLERK'S OFFICE 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 RELEASE OF COVENANT TO HOLD PROPERTY AS ONE PARCEL The covenant on real property located at 111 Maryland Street and 220 Maryland Street, El Segundo, California 90245, more particularly described as Parcels 1 and 2 in the attached Exhibit A, claimed by the City of El Segundo pursuant to a Covenant and Agreement to Hold Property as One Parcel, recorded on December 31, 1984 as Instrument No. 84- 1528772 in the Los Angeles County Recorder's Office, is released and discharged pursuant to Resolution No. adopted on January 21, 2003 by the El Segundo City Council, the covenant having been rendered moot by the Second Amendment to Agreement Between the City of El Segundo and the successor to Wyle Laboratories Affecting Real Property, dated January 21, 2003. Dated: January 21, 2003 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSE.LEY, City Attorney 0 Karl H. Berger qsistant City Attorney 149537.1 CITY OF EL SEGUNDO Lo Mary Strenn, City Manager 63 EXHIBIT A PARCEL 1: Lots 13 through 18 inclusive of Block 3 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135- 021 -011, 4135- 021 -012 and 4135- 021 -013. PARCEL2: Lots 5 through 18 inclusive of Block 31 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135- 027 -006, 4135- 027 -007, 4135- 027 -008, 4135- 027 -009, 4135- 027 - 010, 4135- 027- 011, 4135- 027 - 023, 4135 - 027 - 024,4135- 027 - 025,4135- 027 - 032,4135 -027- 033,4135- 027 - 034,4135- 027 -035 and 4135- 027 -036. 109537.1 . " SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND WYLE LABORATORIES AFFECTING REAL PROPERTY This Second Amendment to the Agreement Affecting Real Property ( "Second Amendment ") is entered into as of January 21, 2003 by and between the City of El Segundo ( "City ") and Arrow Electronics, Inc., a New York corporation ( "Arrow "), corporate successor by merger to Wyle Laboratories, a California corporation ( "Wyle "). RECITALS A. On or about February 1, 1984, the City and Wyle entered an agreement affecting real property ( "AARP ") in return for the City issuing a temporary Certificate of Occupancy for improvements on real property located at 111 Maryland Street in the City of El Segundo, more particularly described in attached Exhibit A as Parcel 1. In addition, Wyle recorded a single -site covenant and agreement that real property at 220 Maryland Street , more particularly described in attached Exhibit A as Parcel 2, was reserved for the deferred parking needs of the owners and users of Parcel 1. B. On November 27, 1984, Wyle entered into a Covenant and Agreement To Hold Property As One Parcel ( "Single -Site Covenant "), in which Wyle agreed to hold Parcels 1 and 2 as one parcel to comply with the requirements of the AARP. The Single -Site Covenant provides could be released by City Council action. The Single -Site Covenant recorded on December 31, 1984 as Instrument No. 84- 1528772 in the official records of the County Recorder of Los Angeles County; C. On December 27, 1994, Wyle recorded a Declaration of Access and Parking Easements ( "Declaration ") as Instnnnent No. 94- 2270063 in the Official Records of the County Recorder of Los Angeles County. The Declaration provides, among other things, assurance of continued compliance with City's requirements to provide deferred parking upon Parcel 2 for the benefit of Parcel 1 as required by the HARP; D. On December 27, 1994, Wyle sold Parcel 1, among other land, to Wess Investment Corporation by a grant deed recorded on December 27, 1994 as Instrument No. 94- 2270064 in the official records of the County Recorder of Los Angeles County and retained title to Parcel 2. The title of Parcel 1 was since transferred by miscellaneous conveyances to third parties; E. On or about March 21, 1995, the City and Wyle entered into an amendment to the AARP ( "First Amendment "). 18293.i -- 1 65 F. Arrow as the successor by merger to Wyle, is the current owner of Parcel 2 and requested the City to release the Single -Site Covenant and to amend the AARP. In consideration of the Recitals set forth above, and for other valuable consideration City and Arrow agree to amend the AARP as follows: 1. In exchange for the consideration provided by Arrow, Section 2(b) of the AARP is amended to read as follows: "(b) Cause to be recorded a Covenant Agreement approved by and signed on behalf of CITY by the City Manager. The Covenant Agreement must provide, among other things, that PARCEL 2 must be made available by WYLE or WYLE's successors(s) in interest for the parking needs deferred by this Agreement at any time parking is required by CITY. The Covenant must also provide that before any other development occurs on PARCEL 2, CITY must determine that the parking requirements deferred by this Agreement and shown on the plans by WYLE, or its successor(s) in interest, to be on PARCEL 2 are no longer required." 2. The City will record a Release of the Single -Site Covenant. 3. Arrow will record a Covenant and Agreement approved by and accepted by the City, which provides that Parcel 2 must be reserved by Arrow or Arrow's successor(s) in interest for deferred parking benefiting Parcel 1 as may be required by the City. The Covenant and Agreement must run with the land and will be binding upon any successor in interest to Arrow. 4. In the event Arrow transfers the fee title of Parcel 2, the transferee is obligated to perform all of the obligations required in the AARP and Arrow will be released of any future obligation under the AARP. 5. All other provisions of the AARP not inconsistent with the terms of this Second Amendment continue in full force and effect. 148293 1 2 66 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first set forth above. DATED: January 21, 2003 CITY OF EL SEGUNDO 10 Attest: City Clerk DATED: January 21, 2003 ARROW ELECTRONICS, INC., a New York Corporation Lo APPROVED AS TO FORM: MARK D. HENSLEY,,CA0f: By: Karl H. Berger, AssiS ant City Attorney 67 1482911 fW.i:ilI"M PARCEL 1: Lots 13 through 18 inclusive of Block 3 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135 -021 - 011, 4135- 021 -012 and 4135- 021 -013. PARCEL2: Lots 5 through 18 inclusive of Block 31 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135- 027 -006, 4135- 027 -007, 4135- 027 -008, 4135- 027 -009, 4135- 027 - 010, 4135- 027 - 011, 4135- 027 - 023, 4135- 027 - 024,4135- 027 - 025,4135- 027 - 032,4135 -027- 033,4135- 027 - 034,4135- 027 -035 and 4135- 027 -036. 1492911 4 p 6 (J GIBBS, GIDEN, LOCHER &TURNER LLP A LIMITED LIABILITY LAW PARTNERSHIP ON. CENTURY PLAZA 31TH FLOOR 303.° CENTURY PARK EAST EOS ANGELES. CA 90067 -3039 TELEPHONE: (310) 553 -3100 FACSIMILE: (310) 553 -0805 INTERNET: WWW.GGLT.COM REPLY TO LOS ANGELES OFFICE LAS VEGAS OFFICE 3993 HOWARD HUGHES PARKWAY SUITE 530 LAS VEGAS. NV 89109 TELEPHONE: (703) 836 -9800 FACSIMILE: (702) 836 -9803 AUTHOR'S E -MAIL: ASTANLEYQGGLT.COM FILE NO, 3373.011 September 27, 2002 VIA FEDERAL EXPRESS Mr. James Hansen Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 KENNETH C BBS JOSEPH M. GIDEN WILLIAM D. LOCKER GLENN E. TURNER 111 GERALD A. GRIFFIN AMA STANLEY JAMES D. LIPSCHULTZ THEODORE L SENET JAMES L. FERRO BARBARA R. GADBOIS PETER F. LINDBORG MARY A. SALAMONE . RICHARD J. WITTBRODT LEON F. MEAD II . RONALD S. SOFEN . MICHAEL B. GFIBEL MICHAEL I. GIDEN GARY E. SCALABRINI JOSE L. PADILLA, JR. STEVEN R. CLINIC, JR. JOHN F. HEUER, JR. MICHAEL A. SCHERAGO Re: 220 Maryland Street, El Segundo, California Lots 5 - 18 of Block 31 of El Segundo as per Map recorded in Book 18, Page 69 of Maps Dear Mr. Hansen: MICHAEL I. WAYNE JERIEL C. SMITH JAMES I. MONTGOMERY. JR ERIC L. TROFF PAUL BUCHBERG MARION T_ HACK LYNDA I. CHUNG IRINA J. DRILL REGINA T. COLEMAN AMY S. HUTCHINS BRIAN J. PEZZILLO. TOMAS A. KUEHN JASON S. WILCOX HOPE A. EGAN CARMEN J. COLE CHRISTOPHER E NG BECKY A. PINTAR . OF COUNSEL JOHN W STEPHENS ALFRED FADEL . JAMES M. GANSINGER SHARON SUAREZ EDO L SEP 3 2002 %FDS This office represents throw Electronics, Inc. ( "Arrow "), owner of the property located at 220 Maryland Street in the City of El Segundo. In 1984, Arrow's predecessor. Wyle Laboratories, ("Wyle") entered into a Covenant And Agreement To Hold Property As One Parcel ( "Covenant ") with the City of El Segundo ( "City ") with respect to property located at 11 I Maryland Street and 220 Maryland Street. The Covenant was recorded on December 31, 1984 as Instrument No. 84- 1528772. A copy of the Covenant is enclosed. Arrow desires to sell 220 Maryland Street and the prospective buyer has raised an objection to the Covenant. The purpose of this letter is to request the City release the Covenant. We've been in contact with Senior Planner Paul Garry. At his suggestion, I am sending this letter to you. Set out in this letter is the pertinent history concerning the property. Building Permit for 111 Maryland Street In or around 1983, Wyle obtained a building permit to expand the premises located at 111 Maryland Street. The City required parking to be provided on a site owned by Wyle located at 220 Maryland. Wyle requested the City to defer the requirement of providing 52 parking spaces. The City agreed to approve the building plans on the condition that Wyle provide a Certificate of Deposit in the amount of $35,000, record a single -site covenant to hold 111 Maryland and 220 Maryland as one parcel and that a temporary certificate ofoccupancy be issued and reviewed by the City each year. • A PROFESSIONAL C0410MATION 1< ADMITTED IN CALIFORNIA ( NEVADA ♦ ADMITTED IN NEVADA ONLY Go GIBES, GIDEN, LOCHEK &TURNER LLP A LIMITED LIABILITY LAW PARTNERSHIP Mr. James Hansen September 27, 2002 Page 2 Agreement Affecting Real Property On or about February 1, 1984, the City and Wyle entered into an Agreement Affecting Real Property ( "AARP "), a copy of which is enclosed. The AARP provides that the City would issue a temporary Certificate of Occupancy for the building located at 111 Maryland in exchange for, among other things, Wyle's agreement to deliver a covenant that 220 Maryland would be made available for the parking needs of 111 Maryland at any time required by the City and that 220 Maryland and 111 Maryland be held as one parcel for development purposes. On March 21, 1995, the AARP was amended to provide that the $35,000 Certificate of Deposit would not be renewed. The amendment provides that the temporary Certificate of Occupancy would be extended through March 20, 1996. A copy of the Amendment is enclosed. Covenant to Hold As One Parcel On November 27,1984, Wyle executed the Covenant, which was later recorded on December 31, 1984. The Covenant provides that 1 I 1 Maryland Street and 220 Maryland Street would be held as one parcel until released by the City. Sale to Wess Investment Corporation On December 27, 1994, Wyle sold most of the land it owned in El Segundo to Wess Investment Corp. ( "Wess "). Included in the land sold was 111 Maryland Street. For reasons unknown, 220 Maryland was not included in the sale. A copy of the deed recorded on December 27, 1994 as Instrument No. 94- 2270064 is enclosed. The sale to Wess caused a division of ownership of 111 Maryland and 220 Maryland. Paul Mosley, an attorneywith O'Melveny & Myers, represented Wyle in the sale of the property. He has advised me that he recalls the City required Wyle to execute a Declaration of Access and Parking Easements in order to obtain its consent to the sale. Mr. Mosley does not recall why no one requested the City to release the Covenant. Declaration of Access and Parking Easements On December 15, 1994, Wyle made a Declaration of Access and Parking Easements ( "Declaration "), which recorded concurrently with the grant deed to Wess on December 27, 1994, as Instrument No. 94- 2270063. A copy of the Declaration is enclosed. 111 Maryland Street corresponds with Parcel 4 and 220 Maryland Street corresponds with Parcel 5 in the Declaration. Article 1.4 of the Declaration recites that Parcel 5 (220 Maryland) is currently utilized to satisfy parking requirements imposed by the City in favor of Parcel (111 Maryland) pursuant to the AARP which satisfies the City's requirement for a certificate of occupancy for the improvements on Parcel 4. Article 1.5 recites that the Declaration is intended to, among other things, establish the continued compliance with the restrictions arising from the AARP. In Article 2.1 of the Declaration, Wyle covenants for the benefit of itself and each of the owners and users of Parcel 4 (111 Maryland) to abide by and comply with any request of the City to provide parking upon Parcel 5 (220 Maryland), which covenant shall expire upon the removal of the restrictions arising from the AARP or other termination of the AARP by the City. Article 3.2 provides that the owner of Parcel 5 (220 Maryland) may not alter or otherwise modify the land so as to materially increase the cost of utilizing this land for the parking restrictions, if necessary, without the express written consent of 70 Gms, G1 DEN, LOCHEK &TURNER LLP A LIMITED LIABILITY LAW PARTNERSHIP Mr. James Hansen September 27, 2002 Page 3 the owner of Parcel 4 (111 Maryland). The Declaration provides that the covenants run with the land. Wyle Mergers On January 26, 1995, Wyle merged with Wyle Electronics and changed the corporate name to Wyle Electronics. When Wyle abandoned the corporate name of Wyle Laboratories, Wess changed its name to Wyle Laboratories, Inc. ( "New Wyle ") on February 27, 1995. Arrow merged with Wyle Electronics on February 8, 2001, with Arrow the surviving corporation. There is no relationship between Arrow and New Wyle. Sale to WL Development On June 15,1999, New Wyle sold all of its land, which included 111 Maryland Street to WL Development, LLC.( "WL "), by a grant deed that recorded on June 15, 1999 as Instrument No. 99- 1093934. A copy of the deed is enclosed. As part of the transaction, WL leased the property back to New Wyle, on a long term lease, as reflected in a Memorandum of Lease recorded on June 15, 1999 as Instrument No. 99- 1093936. Sale to 128 Maryland Associates On February 22, 2001, WL sold all of its land to 128 Maryland Associates, LLC, by a deed that recorded on February 22, 2001 as Instrument No. 01- 0294810. A copy of the deed is enclosed. 128 Maryland encumbered the property with a deed of trust in favor of PNC Bank National Association in the amount of$6.3 million dollars, which deed of trust recorded on February 22, 2001 as Instrument No. 01-0294811. New Wyle continues to occupy the property as lessee. Request For Release of Covenant We feel it is appropriate for the City to release the Covenant given the fact that 111 Maryland Street was sold more that seven years ago and Arrow cannot undo the 1994 sale. Also, title to 111 Maryland Street has been transferred two additional times, and is now owned by a party who had nothing to do with the division in ownership. Arrow is equally innocent of the division of ownership of the two parcels. Arrow acquired 220 Maryland Street by virtue of its merger with Wyle Electronics in 2001. By the time Arrow became involved, 220 Maryland and 111 Maryland were separately owned. Arrow is currently in preliminary negotiations to sell 220 Maryland Street to the Hilltop Community Church of Christ. The Church has raised an objection to the title based upon the single -site Covenant. The Church is aware of the deferred parking restrictions affecting the property, and we understand the Church's proposed use will not interfere with the deferred parking restrictions. If the sale is completed, the Church will take title subject to the Declaration. While we do not know if the City consented to the sale as stated by Paul Mosley, we have no reason to believe that he is not being truthful. The fact that the Declaration, which accomplishes the same objective as the Covenant, recorded concurrently with the deed transferring 111 Maryland to Wess in 1994, strongly suggests that Wyle was attempting to protect the City's interests in 1994. Even if the City did not consent to the sale in 1994, it has known about the situation for several 71 G, GIBBS, GI DEN, LOCHEIC &TuPNEK LLP A LIMITED LIABILITY LAW YARTHERSHIV Mr. James Hansen September 27, 2002 Page 4 years. Based on letters from the City in 1997 and 1998, it is clear the City was aware of the sale of I I 1 Maryland Street and Wyle's failure to renew the certificate of occupancy. According to Paul Mosley, the City's concerns were addressed at a meeting in 1998 and resolved. For all of these reasons, we believe the only practical thing to do at this point in time is to release the Covenant. Arrow cannot effectively do anything with 220 Maryland Street as long as the Covenant remains an encumbrance on the title and the City's interest are adequately protected by the Declaration. Please do not hesitate to contact me if you require any further information. We are anxious to proceed with the sale of the property and ask that you give this matter your immediate attention. Sincerely, Anya Stanley of GIBBS, GIDEN, LOCHER & TURNER LLP AS:kem 144182.1 Enclosures cc: Seth Traveller (w /o enclosures) Thomas G. Trepanier (w /o enclosures) 72 RESOLUTION NO. 2051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL REAFFIRM AND CERTIFY A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT WITH CONDITIONS FOR A PROPOSED DEFERMENT OF REQUIRED PARKING AT Ill MARYLAND STREET, WITH- IN SAID CITY WHEREAS, the Environmental Quality Board of the City of E1 Segundo has, on September 13', 1983, conducted an environ- mental assessment EA -001 on a proposed building expansion of approximately 16,000 square feet requested by Wyle Laboratories for the property at Ill Maryland Street; a legal- description of which is on file in the City Planning Department; and - WHEREAS, the Environmental Quality Board has considered EA -001 in the context of a request from Wyle Laboratories for deferment of adherence to current parking requirements for said building expansion; and WHEREAS, the Planning Commission has reviewed the Initial Study and supporting evidence in accordance with the authority and criteria contained in the California Environmental Quality Act, State Guidelines and the City of E1 Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution No. 3184); and WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of E1 Segundo of October 13, 1983, a duly advertised public hearing was held on such matter in the Council Chamber of the City Hall, 350 Main Street; and WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment; and WHEREAS, at said .hearing the following facts were estab- lished: 1. In September, 1982, Wyle Labs requested exemption from the existing building moratorium. Request included a 16,052 square foot structure and its accompanying and required parking. (52 spaces) 2. In November, 1982, after an Environmental Assessment was conducted on this proposed development and after the adoption of the Environmental Assessment by the Planning Commission, the City Council did exempt this development proposal. 3. In January, 1983, the applicant, in a letter to the Building Department, sought to have his parking requirement deferred "until needed." 4. The land upon which the parking would be provided is currently utilized as a park by both the business and residential community. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of the proposed parking deferment re- quest, the Planning Commission finds as follows: 1. The loss of the parkland and the activities it supports would offset any environmental gains derived by the immediate development of the parking facility. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends [he City Council reaffirm and certify a miti- gated Negative Declaration of Environmental Impact for EA -001 subject to the following conditions: 31 73 �i R4 - 2 - 1. The applicant must provide a Certificate of Deposit, in the amount of $35,000 to the City. This $35,000 shall become the property of the City should the applicant fail to provide the required parking within 120 days after formal notice by the City to do so. 2. That a single -site covenant be recorded, tying the park land (site of future parking) to the development site (111 Maryland Street) in order to assure that the park site will always be available for future parking needs. 3. That the Certificate of Occupancy for 111 Maryland (16,052 square foot structure) be of a temporary type and that it be reviewed and reissued by the City Council each year until the permanent parking is in place. BE IT FURTHER RESOLVED, that a copy of this Resolution shall be forwarded to the City Council as required by law. PASSED, APPROVED AND ADOPTED, this 13th day of October, 1983. rc oun Chairman Nic o as Romance o, Secretary . of the Pl nning Commission of the Planning Commission of the City of E1 Segundo, of the City of E1 Segundo, California California 74 MPP -15 -2001 11.65 ECON DEU SUCS DEPT AGREEMENT BETWEEN THE CITY OF • EL SEGUNDO, CALIFORNIA, AND WYLE LABORATORIES, AFFECTING REAL PROPERTY. 310 322 4167 P.03 DUPLICATE ORIGINAL' WHEREAS, WYLE LABORATORIES (WYLE) has submitted plans to the CITY OF EL SEGUNDO (CITY) and has requested, and received, a building permit and has, pursuant to that Permit, constructed a building located on real property ccr.,ronly known as 111 Maryland Street, E1 Segundo, Califcrnia (herein "PARCEL 1 ") ; and WHEREAS, the plans submitted to CITY and approved by CITY provided that parking required by the City of E1 Segundo Codes would be provided on a site currently owned • by WYLE and developed as a park for use by the public, commonly known as 220 Maryland Street, E1 Segundo, California (herein "PARCEL 2 "); and WHEREAS, WYLE is now seeking a deferral of the re- quirement that it provide the parking required by the City Codes on PARCEL 2; and • WHEPWAS, V7YLL is now seeking a Certificate of Occupancy for the building on PARCEL 1; and WHEREAS, CITY has reviewed the request and has followed the requirements of Resolution No. 3184 with respect to Environ- rental procedures; and WHEREAS, the Planning Commission of the City of E1 Segundo has approved Resolution No. 2051; and -1- 7 S MPR -15 -2001 1105 —'V ECON DEV SVCS DEPT 310 322 4167 P.04 • WHEREAS, WYLE and CITY desire to enter into this Agreement, allowing the issuance of a temporary Certificate of Occupancy on certain conditions; NOW, THEREFORE, THE PARTIES AGREE FOR THEMSELVES AND THEIR SUCCESSORS IN INTEREST, AS FOLLOWS: 1. In consideration of the execution of this Agreement by WYLE, the City Council of CITY. hereby directs the Director of Building Safety to issue 'a temporary Certificate of Occupancy for the building located on PARCEL 1. The temporary Certificate of Occupancy shall expire in one year. WYLE may apply to CITY for City Council approval of an amendment to this Agreement, prior to the expiration of the one year term of this Agree- ment, for an extension of this Agreement. 2. In consideration of the execution of this Agreement by CITY, WYLE shall, prior to the issuance of the temporary Certificate of Occupancy: (a) Deliver to the City of E1 Segundo a Certificate of Deposit in the amount of $35,000. Such Certificate shall be payable to the Ci f E1 Segundo without qualification, / euL and ecome the property of CITY should WYLE fail to provide the required parking herein deferred, within 120 days after formal notice to WYLE by CITY to do So. The provisions • of this paragraph shall not relieve WYLE of its obligation to provide the required parking herein deferred upon demand by CITY. -2- 75 /1a MAR -15 -2001 1105 1 ECON DEV SVCS DEPT r 1 L J 310 322 4167 P.05 (b) Cause to be recorded a single -site Covenant Agreement approved by and signed on behalf of CITY by the City Manager. The single -site Covenant Agreement shall provide, among other things, that PARCEL 2 shall be made available by WYLE or WYLE's successor(s) in interest for the parking needs deferred by this Agreement at any time the parking is required by CITY, The single -site Covenant Agreement shall also provide that PARCEL 1 and PARCEL 2 constitute a single -site development, and that prior to any other • development occurring on PARCEL 2 it shall be determined by CITY that the parking require- ments deferred by this Agreement and shown on the plans submitted by WYLE to be on PARCEL 2 are no longer required. 3. The intent of this Agreement is to allow WYLE to occupy the building on PARCEL 1 on a temporary basis, without the parking required by the City's Codes, until such time as it is determined by CITY that the parking required by the City's Codes shall be constructed on PARCEL 2. It is also the intent of this Agreement that PARCEL 2 and PARCEL 1 shall be considered -3- 77 t a single -site development, as the plans submitted by WYLE pro- vide for the required parking by showing that the parking will -3- 77 t MRR -15 -2001 1106 Cr"" ECON DEU SUCK DEFT 310 322 4167 r.nc • be provided on PARCEL 2 for PARCEL 1. 4. In further consideration of the execution of this Agreement by the City of E1 Segundo, W'YLE agrees to continue to maintain the p F k in a manner acceptable to the Director Q....,. /__ : A. of and agrees on behalf of itself and its successor(s) in interest to continue to make the park available for public use - THIS AGREEMENT shall become effective on the date of r the issuance of the temporary Certificate of Occupancy, pro - vided that WYLE performs all conditions precedent mentioned, in this Agreement, to the issuance of a temporary Certificate of Occupancy. • THIS AGREEMENT shall expire and become null and void at the time WYLE or its successor(s) in interest have con- strutted the required parking deferred by this Agreement. k'YLE LABORA=RIES CITY OF Ej, s;pmg9o, CALIFORNIA By 14Q� By LS�� Title ATTEST: Date 7 City Clerk Date February 1. 1984 APPROVED AS TO FORM: • City Attorney -4- 78 RECORDING REQUESTED BY CITY OF EL SEGUNDO AND WHEN RECORDED MAIL TO City of El Segundo City Clerk's Office 350 Main Street El Segundo, California 90245 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) COVENANT AND AGREEMENT AFFECTING REAL PROPERTY 79 IJft'_AV I 1t RECORDING REQUESTED BY: CITY OF EL SEGUNDO WHEN RECORDED RETURN TO: CITY OF EL SEGUNDO CITY CLERK'S OFFICE 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 COVENANT AND AGREEMENT AFFECTING REAL PROPERTY The undersigned certifies that it is the owner of real property in the City of El Segundo, State of California that is legally described as Parcel 2 on the attached Exhibit A. This property is located at and is known by the address of 220 Maryland Street, El Segundo, Califomia 90245. The undersigned owner agrees and covenants with the City of El Segundo that the real property described as Parcel 2 in the attached Exhibit A is reserved for the parking needs of the land described as Parcel 1 in the attached Exhibit A as required by an unrecorded Agreement Between the City of El Segundo, California and Wyle Laboratories Affecting Real Property, dated February 1, 1984 amended on March 21, 1995 and on January 21, 2003. This Covenant and Agreement runs with the land described as Parcel 2 and is binding upon ourselves, encumbrances, future owners, successors, heirs or assignees, and will continue in effect unless released by the City Council of the City of El Segundo acting in its sole discretion and upon submittal of a request, applicable fees and evidence that this Covenant and Agreement is no longer required by law. DATED: January 21; 2003 ARROW ELECTRONICS, INC., a New York Corporation an Its: Approved and Accepted by: Title: City Manager Reference Plan Check No.: .I � -1 EXHIBIT A PARCEL 1: Lots 13 through 18 inclusive of Block 3 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135 -021 -011, 4135- 021 -012 and 4135- 021 -013 PARCEL 2: Lots 5 through 18 inclusive of Block 31 of El Segundo, in the City of El Segundo, in the County of Los Angeles, State of California as per map recorded in Book 18, Page 69 of Maps, in the Office of the County Recorder of Los Angeles County. Assessor Parcel Nos. 4135- 027 -006, 4135- 027 -007, 4135- 027 -008, 4135- 027 -009, 4135- 027 - 010, 4135- 027 - 011, 4135- 027 - 023, 4135- 027 - 024, 4135- 027 - 025,4135- 027 - 032,4135 -027- 033,4135- 027 - 034,4135- 027 -035 and 4135 -027 -036. EM 148289 1 C n PROPERTIES AFFECTED BY RELEASE OF COVENANT 8z Im City of M Segundo 1J EL SEGUNDO CITY COUNCIL MEETING DATE: January 21, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 - On -Sale Beer and Wine Eating Place and Type 47 — Beer, Wine and Alcohol) at an existing restaurant, The Tavern On Main, located at 123 Main Street, EA No. 601 and AUP No. 02 -04 (ABC 02 -05). Applicant: The Tavern On Main, Property Owner: Kristian Krieger RECOMMENDED COUNCIL ACTION: Recommendation — (1) Determine that the City does not protest the issuance of the new ABC license for the sale of Beer, Wine and Alcohol at The Tavern On Main; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to them for review. The ABC regulations (Section 23958.4, 23987, 24200, and 25612.5) of the Business and Professions Code required a 30 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments. Restaurants are specifically excluded from the ABC regulations which require the City to make findings of public convenience of necessity in areas of "undue concentration ". (Background and discussion continued on the next page.....) ATTACHED SUPPORTING DOCUMENTS: 1. Type of Alcoholic Beverage Control (ABC) License 2. Undue Concentration Calculations 3. Crime and Arrest Statistics by Reporting Districts (RD) 4. Police Reporting Districts Map 5. Approval Letter to Applicant dated December 5, 2002 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: NIA Account Number: NIA Project Phase: NIA Appropriate Required: Yes x No DireLrtor of Comm �J BACKGROUND & DISCUSSION (continued) The proposed restaurant would be located in Reporting District (RD) No. 112, which does have an "undue concentration" of licenses and crime (48% above average of all RD's based on 2002 reporting data). Any protests regarding the issuance of a restaurant license must be filed with the ABC during the 30 -day time frame, or a 20 -day extension may be requested. The formal notice of the ABC license application from the ABC was received by the Planning Division on December 2, 2002. The Police Department and Department of Community, Economic and Development Services have no concerns with issuance of the ABC license. The applicant has indicated that the proposed hours for alcohol sales are seven days perweek between the hours of 10:00 AM until 2:00 AM, Monday through Friday, and11:00 AM until 2:00 AM on Saturday through Sunday. The ABC review is a completely separate review process from the City's AUP process, with mandatory findings that are regulated by the State Department of Alcoholic Beverage Control. ABC runs a complete background check on all applicants, as well as conducting site inspections, prior to issuance of any type of license. P WleMing & Building SaktyMRO18CTSWBC 03 -5 4, 84 uncut of Alcoholic Beverage Control \ i' 1' L I CATION FOR ALCOHOLIC BEVERAGE LICENSE(S) fO: Department of Alcoholic Beverage Control I Manchester Blvd. P.O.Bo.e 6500 Inglewood, CA 90306 10)412 -6311 ,I(T SERVING LOCATION: INGLEWOOD )wnor- if Business: I : ,.t1wil t,I Business: I, ;• c"li,c inside city limits? \I,;litne Address: It dillelcm from nose, address) rrn <cl.l: 41,47 license /name: State of California File Number: 385459 Receipt Number: 1398968 Geographical Code: 1919 Copies Mailed Date: November 27, 2002 sd Issued Date: TAVERN ON MAIN LLC THE TAVERN ON MAIN THE 123 MAIN ST EL SEGUNDO, CA 90245 LOS ANGELES 1806 GRANT AVE APT B REDONDO BEACH, CA 90278 __!`L "_ Transaction Type .. d \I.R.:L! ANNUALFEE SEC + ' 2 2002 CEDE Census Tract 6201.02 Dropping Partner: Yes_ No xx Fee Tyne Master FLL142 Date Fee P40 1 11/27/02 $741.00 Total $741.00 _.rr !,cen convicted of a felony? No Oiated any provisions of the Alcoholic Be%ci, _.r•n irrlainin_ to the Act? No :....r t,: the above questions on an attachment which shall be dr: Act, or regulations of the it lthe uion. - -;ce, (a) that any manager employed in an on -sale ,remise will have all the - l:, t,l a licensee, and (b) that he will not violate or :rmit to be violated any of the -• n :f1 the Alcoholic Beverage Control Act. (': \I II ORNIA County of LOS ANGELES Datc: November 27, 2002 t, r catch person whose signature appears below, certifies and .a,. pliheant. or one of the applicants, or an .lpphemt corporation, named in the foregoing application. dui, like this application on its behalf; (2) that c .ad knows the contents thereof and that each of the aho,r i Fade are [rue; (3) that no person other - • I hr:uus has any direct or indirect interest in the t licantr - - t PP t ,,t, the be conducted under the license(s) fm' n•.:n � made: IJI that the transfer application or proposed transfer r nsry' the payment of a loan or to fulfill an tit.: mw, than ninety (90) days preceding the day on which the tr:uj i< filed with the Department or to gain or rc tr, m Or Inr any creditor or transferor or to defraud or urte am u, in J �. .naeror: (5) that the transfer application may . unr the - pelican[ or the licensee with no resulting liability m the �.Iy�il.,un Vdnulsl >..)plicant Signature(s) I '•.\ ! R\ ()\ MAIN LLC THE ig1111ture Page PRIORITY #4 /TYPE "47" PLEASE MOVE ORIGINAL APPLICATIO,, LICENSE #385459 FROM LICENSE #392997 10 '.<T.ACIIED .ABC -219 & 231 85 -2i State of California APPLICATION SIGNATURE SHEET • This form is to be used as the signature page for applications not signed in the District Office. • Read instructions on reverse before completing. • All signatures must be notarized in accordance with laws of the State where signed. 2. FILE NUMBER (if any) 3. LICENSE TYPE Lq 385459 5. APPLICANT(S) NAME Department of Alcoholic Beverage Control ❑ Sole Owner ❑ Corporation ❑ Partnership XLimited Liability Company ❑ Partnership -Ltd ❑ Other 4. TRANSACTION TYI t,Origlnal ❑ Exchange ❑ Person to Person Transfer ❑ Premise to Premise Transfer ❑ Other 6. APPLICANTS MAILING ADDRESS (Street address/P.O. box. city, state, ap aide) - - z �nF3;,V �, '& L_ 5t6U^uJO ?e Z, S /. YHhM15tJ PUUHt55 (SVeet address, city, zip code) h (N b Sic �M9a ctI 90 � zY 5 APPLICANT's CERTIFICATION Under penalty of perjury, each pperson whose signature appears below, certifies and says: (1) He/She is an applicant, or one of the applicants, or an executive officer of the applicant corporation. named in the foregoing appplication, duly authorized to make this application on its behalf; (Z) that he /she has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or apP Lcant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application.or proposed transfer is not made to (a) satisfy the SOLE OWNER H. YHm 1 tU NAMt (I2st, first, payment of a loan or to fulfill an agreement entered into more than ninety (90) dayys preceding the day on which the transfer application is filed with the Department, (b) to gain or establish a preference to or for any creditor or transferor, or (c) to defraud or injure any creditor or transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. ' I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one -fourth of the license fee paid, up to $I M. ` PARTNERSHIP /LIMITED PARTNERSHIP (Signatures of general partners oniv) rnln,tvnnmt,L a,,nra,.lame) rnln ¢v nnmt Las[, nrsr, aama) rqn 1 NeN J VNIN I to NAMt (Las. IIn6 impale) CORPORATION 10. PRINTED NAME (Last. first. ❑ President ❑ Vice President ❑ Chairman of the Board ❑ Secretary ❑ Asst. Secretary ❑ Chief Financial Officer ❑ Asst. Treasni _. LIMITED LIABILITY COMPANY ]ATE SIGNED E SIGNED d SIGNED . - - 7 SIGNED 11. The limited liability company is member -run SlYes O No (It no, complete It,,,- : -. .. -Z ICw) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, first, middle) TI ALSMATE (ABC.,. oniv) 13. MEMBER'S PRINTED NAME (Last. first, middle) a MEMBER'S PRINTED NAME (last, first, middle) ciGNED CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 41 22 On -Sale Beer and Wine Eating Place - Restaurant Operation. Minors Permitted. Type 42 2 On -Sale Beer and Wine Public Premises - Food not required. Minors Not Permitted. Type 47 17' On -Sale General Bona Fide Eating Place - Restaurant operation. Beer, Wine and Distilled Spirits. Minors Permitted. Type 48 1 On -Sale General Public Premises - Cocktail Lounge. Minors Not Permitted. Type 51 1 Club - Veterans or Other. Type 57 1 Club - Entertainment Allowed Type 70 1 General Restrictive - Hotel TOTAL 45 OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 7 Off -Sale Beer and Wine Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 13 `[Includes new Type 47 license for The Tavern On Main at 123 Main Street.] P: W lanning & Building SafnyTROMCTSUBC 02 -5 87 /r CITY OF EL SEGUNDO City's ABC Licenses Counted Toward "Undue Concentration" Calculations (Using 2000 Census Data) Census Tract 6200.01 & 6200.02 6201.01 & 6201.02 East of Sheldon West of Sheldon - North of El Segundo Population 7222 8811 On -Sale 1:1032 1:1101 County Average 7 Licenses 8 Licenses On -Sale 1:314 1:401 El Segundo Ratio 23 Licenses 22 Licenses ** "undue concentration" "undue concentration" Off -Sale 1:1204 1:1259 County Average 6 Licenses 7 Licenses Off -Sale 1:903 1:1762 El Segundo Ratio 8 Licenses 5 Licenses - no "undue concentration" "undue concentration" * *[Includes amendment to the existing Type 47 license dining area at The Tavern On Main at 123 Main Street. This amendment will not increase the undue concentration figures for the City.] P. \Planning & Building SafOYTROJECTSWBC 02 -5 I/ FI CFrzimnn onl Trr nCDA 2002 CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD RD PART 1 CRIMES FELONY/M1SD ARRESTS TOTAL PERCENTAGE +/- ALCOHOL; RELATED ARRESTS 101 35 34 69 187 3 102 19 53 72 200 3 103 4 15 .19 -20 1 104 13 16 29 20 4 105 5 1 6 -75 0 106 10 6 16 -33 0 107 43 32 75 212 12 108 9 19 28 16 6 109 9 4 13 -45 2 110 3 3 6 -75 2 111 1 33 34 41 5 112 13 21 34 41 7 113 13 14 27 12 5 114 5 18 23 -4 26 115 1 1 2 -91 1 116 0 12 12 -5 5 201 10 10 20 -16 2 202 6 25 31 29 4 203 6 14 20 -16 4 204 4 19 23 -4 3 205 8 11 19 -20 2 206 17 11 28 16 1 207 24 29 53 120 5 208 14 19 33 37 4 209 18 23 41 70 8 210 13 18 31 29 6 211 8 13 21 12 6 212 15 22 37 54 6 301 11 18 29 20 4 302 6 6 12 -5 0 303 4 16 20 -16 3 304 2 2 4 -83 0 305 3 8 11 -54 2 306 4 3 7 -70 0 307 0 0 0 0 0 308 43 53 96 300 6 309 23 7 30 25 1 3'Q 5 1 6 -75 1 311 11 11 22 -8 3 312 3 2 5 -79 0 313 2 1 3 -87 1 314 27 31 58 141 1 315 5 8 13 -45 2 316 2 1 3 -87 1 317 10 7 17 _29 3 318 21 23 44 83 6 319 56 20 76 216 6 320 13 10 23 -4 1 321 0 0 0 0 0 322 0 0 0 0 0 323 1 1 ? -91 0 324 0 2 2 -91 0 TOTALS 578 727 1305 174 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 11 Average # of Felony/Misdemeanor Arrests per Reporting District = 13 Average # of Crimes and Arrests per Reporting District = 24 (Results from 01/01/2002 through 12/26/02) •n n 0 n — qy / ^. E_ `D D CD 0 co _0 U) cnrt cF % ;-N%, K n N(( 00 ��T Y Uh December 5, 2002 The Tavem on Main Street 123 Main Street El Segundo, California 90245 Attention: Kristian Krieger SUBJECT: No. 02 -04 — — °' " "` "II° E1Q�mstrative Use Permit AUP Alcohol sales of beer, wine and spirits at The Tavern on Main Street (Type 47 ABC Liquor License) Address: 123 Main Street, El Segundo Dear Mr. Krieger: I am pleased to inform you that, in accordance with Chapter 15 -22 of the City of El Segundo Zoning Code, the Planning Division has reviewed your application for the above - referenced project and the Director of Community , Economic, and Development Services has APPROVED Your Administrative Use Permit No. 02 -04 for the sale of alcohol at 123 Main Street. The following are the findings and facts in support of each finding for this decision: Environmental Assessment EA No 601 Finding-1 The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing Private structure involving negligible or no expansion of use. Facts in Support of Finding 1 The applicant proposes to provide the sale of beer, wine and spirits at The Tavern on Main Street. CEQA does not require an environmental assessment if the use has little or no physical improvements. 91 ., Administrative Use Permit 02 -04 Findine 1 There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide for the sale of alcohol for on -site consumption at The Tavern on Main Street. Their business is located at 123 Main Street. The existing building is 1,650 square foot building, in which The Tavern on Main Street is currently operating. The applicant currently has a Type 41 license for the sale of beer and wine, which was approved by the City in 2002 (EA No. 511, AUP No. 00 -01). The surrounding area is composed of the Downtown Specific Plan Zone to the north, east, and west of the site. The Chevron Oil Refinery is located just south of the site and is zoned Heavy Industrial. 2. The intended hours of alcohol sales are limited from 10:00 AM to 2:00 AM, Monday through Friday and 11:00 AM to 2:00 AM, Saturday through Sunday. This will be the restaurants normal hours of operation and there will be no expansion of hours. 3. The General Plan land use designation for the site is Downtown Specific Plan. 4. On December 12, 2002, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Findine 2 The proposed use is consistent and compatible with the purpose site is located. of the Zone in which the Facts in Support of Finding 2 1. The General Plan land use designation for the site is Downtown Specific Plan. 2. The zoning for the site is Downtown Specific Plan (DSP) Main Street Transitional District (MSTD). The proposed use (sale of alcohol) requires an Administrative Use Permit (AUP) in accordance with Section No. VI.B.4.a of the Downtown Specific Plan. The use of the site as a restaurant is considered a permitted use by the Downtown Specific Plan. The sale of alcohol is a permitted accessory use and is not considered an expansion. The existing restaurant currently has a Type 41 ABC liquor license. The proposal is for an upgrade to at Type 47 ABC liquor license, which permits the on -site consumption of spirits. 9? Findine 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 The proposed use will meet the needs of the surrounding residential community and provide a full bar service in addition to beer and wine sales. 2. As stated above, the surrounding land uses are commercial and industrial. These uses are compatible with the purpose and intent of the proposed use. The restaurant serves the neighboring residential area by providing a safe and convenient place within walking distance to purchase food, wine and beer and with this license, spirits. 3. There have been no reported security issues with the current sale of beer, and wine at the restaurant. Findine 4 Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 1. The Tavern on Main Street will have an ABC liquor license for the sale of spirits and will accommodate any additional vehicle trips with its existing nine space on -site parking area. In addition, there is a public parking lot with 41 parking spaces located on the northeast comer of Richmond Street and Franklin Avenue just northwest of the site. 2. The parking lot is paved and is not expected to generate dust or smoke. The proposed use will not increase noise, fumes, vibration, odors, traffic or hazards. Finding 5 The State Department of Alcohol Beverage Control has issued or will issue a license to sell spirits to the applicant. Facts in Support of Finding 5 The applicant shall obtain a license from the State of Department of ABC. City Council will review the request for an ABC license once an application from ABC has been received, and then determine if there is any basis for protesting the issuance of the license. 53 r �/ ACTION - - -" "' L��rlvrJVlliVT SERVICES Based on these findings and facts in support of these findings, the Director of Community Economic, and Development Services APPROVES the proposed project. PLANNING COMMISSION Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its December 12, 2002 meeting with the recommendation that the Planning Commission Receive and File the determination. An appeal of this decision may be filed with the Planning Division prior to the Planning Commission meeting. If an appeal is filed, the item will be scheduled for a future public hearing. Additionally, the City Council will review the request to sell spirits once the ABC license has been received by the Community Economic and Development Services Department and then determine there is any basis for protesting the issuance of an ABC license for the sale of spirits. Should you have any questions, please contact Randie Davis, Assistant Planner or any other Planning Division staff member, at (310) 524 -2343. Sincerely, 4 artmM. Hansen, Director ent of Community, Economic, and Development Services Cc: Chris Ketz, Planning Manager Jury L. Preston, Applicant P:\DEPTTLANNING\PROJECTsk575 -601SEA -601 \approval.doc 94 January 3, 2003 El Segundo City Hall Attn.: City Manager /City Clerk 350 Main Street El Segundo, CA 90245 Subject: Written submission of an agenda item for the January 21, 2003 El Segundo City Council meeting by Juli Potter of Tree Advocates Written request by Juli Potter of Tree Advocates to discuss the beloved trees on Main Street and Main Street's 4-lane configuration Requesting Party's Recommendation — (1) Irrigation system, rubberized sidewalks, and pruning by an arborist of the existing Main Street ficus trees, (2) Explicitly explain what the replacement trees will be if and when our Main Street gets denuded of the first 77 ficus trees, (3) Change/update the El Segundo Downtown Master Plan Revitalization Project to reflect the June 19, 2001 El Segundo Council decision to keep Main Street 4 consistent driving lanes in perpetuity. Submitted by Juli Potter, Tree Advocates 640 -3359 05