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2004 DEC 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 portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 — 5:00 P.M. Next Resolution # 4409 Next Ordinance # 1379 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (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. 01 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 Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 0 matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS - 0 matter 2 04 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Fr. Jim Anguiano of St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson Next Resolution # 4409 Next Ordinance # 1379 03 PRESENTATIONS — (a) Proclamation inviting the residents of El Segundo to warmly welcome the members of the El Segundo Rotary Club as they judge the 2004 Lighting Up the Community program and proclaiming December, 2004 the month for Lighting Up the Community. (b) Commendation presented to the sponsors, supporters and volunteers for their unselfish community service in keeping the hometown holiday tradition alive in El Segundo by organizing the El Segundo Community Christmas Dinner to be held at 1:00 p.m. on Christmas Day at the Joslyn Center at Recreation & Parks. (c) Certificate of Commendation to Chevron Texaco El Segundo Refinery for its exemplary employees' 550 days and 3 million man -hours safety record. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) regarding an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment complex to condominiums at 910 E. Grand Avenue. Recommendation — (1) Open Public Hearing; (2) Discussion and action on appeal; (3) Direct staff to prepare a Resolution with regard to the decision for Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995) and Variance No. 04 -01; (4) Alternatively, discuss and take other possible action related to this item. 4 011 Consideration and possible action regarding the introduction and reading of an Ordinance to amend Section 6- 4 -6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) Recommendation — (1) Discussion; (2) Introduction and reading of Ordinance by title only; (3) Schedule second reading and adoption of Ordinance for January 18, 2005; (4) Alternatively, discuss and take other action related to this item. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2005. Recommendation — (1) Direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2005; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. if a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Warrant Numbers 2544717 to 2544962 on Register No. 5 in the total amount of $1,486,560.94 and Wire Transfers from 11/2512004 through 12/09/2004 in the total amount of $396,042.76. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 5. City Council Meeting Minutes of December 7, 2004. Recommendation — Approval. 05 6. Consideration and possible action regarding approval of a professional services agreement between Moreland & Associates, Inc. and the City of El Segundo to provide temporary professional accounting services due to the elimination of the Assistant Finance Director position in the Accounting Division of the Administrative Services Department. (Fiscal Year: $30,000) Recommendation - (1) Authorize the City Manager to execute a standard professional services agreement on behalf of the City for temporary professional accounting services with Moreland & Associates, Inc. for $30,000; (2) Alternatively discuss and take other action related to this item. 7. Consideration and possible action regarding rejection of all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). Recommendation — (1) Reject all bids received for construction related to the Residential Sound Insulation Program's Group 5; (2) Authorize staff to re- advertise a Notice Inviting Sealed Bids for construction services; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding amending Section 5.40 of Resolution No. 4162 providing for two (2) additional stop signs to create a four -way stop intersection at Franklin Avenue and Richmond Street. Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding acceptance of the project for the construction of the El Segundo Skateboard Park located at 405 East Grand Avenue — Approved Capital Improvement Project — Project No. PW 04 -02. (Final project cost: $388,895.00) 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. 10. Consideration and possible action regarding award of contract to HH Construction for replacement of playground equipment at the Holly- Kansas Park — Approved Capital Improvement Project — Project No PW 04 -09 (Fiscal Impact: $81,300) Recommendation — (1) Award contract to the lowest responsible bidder, HH Construction; (2) Authorize the City Manager to execute the construction contract on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 6 06 11. Consideration and possible action authorizing the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the City. Recommendation — (1) Authorize the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the City; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding a proposal by the Recreation and Parks Department to establish the new job classification of Senior Park Maintenance Worker. (Fiscal Impact: None) Recommendation — (1) Approve the Senior Park Maintenance Worker class specification; (2) Approve the Examination Plan; (3) Adopt the Resolution establishing the basic monthly salary range; (4) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding award of a four year lease purchase agreement to AA Equipment Company, for the landscape maintenance equipment at the Lakes Golf Course effective January 1, 2005 through March 1, 2009. (Fiscal Impact: $25,986.26 annually over 4 years for a total of $117,511) Recommendation — (1) Award the equipment lease purchase agreement to AA Equipment Company in the amount of $25,986.26 annually over the next 4 years, for a total of $117,511; (2) Authorize the City Manager to execute a lease purchase agreement for the landscape maintenance equipment at the Lakes Golf Course, subject to approval by City Attorney; (3) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding the acceptance of a donation of used metal storage racks from Mr. Ron Swanson of S &S Hardware Company, to the Fire Department and Recreation and Parks Department (Fiscal Impact: None) Recommendation — (1) Authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of 3 -tier storage racks from Mr. Ron Swanson of S &S Hardware Company; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 7 07 F. G. I:111 J. K. NEW BUSINESS 15. Consideration and possible action regarding establishing appropriate levels of reserves within the Liability Insurance Fund based on an actuarial study performed by Jack Joyce of Bay Actuarial Consultants (BAC) Recommendation — (1) Establish a Liability Insurance Fund Reserve plus Incurred but Not Reported (IBNR) liability at a minimum undiscounted 70% confidence level and a target undiscounted 80% confidence level; (2) Establish a minimum of $200,000 retained earnings in the Liability Insurance Fund; (3) Review both the recommended confidence level and the minimum retained earnings levels annually during the budget process to determine if either level should be adjusted; (4) Once the target level is reached, transfer additional retained earnings of $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund; (5) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action to approve Field Allocation Task Force's and the Recreation and Parks Commission's recommendation on a proposed El Segundo Athletic Field /Facility Use and Allocation Policy. (Fiscal Impact: None) Recommendation — (1) Approve proposed Athletic Field /Facility Use and Allocation Policy; (2) Alternatively, discuss and take other action related to this item. 17. Consideration and possible action to adopt a resolution of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). Recommendation — (1) Adopt resolution; (2) Alternatively, related to this item. REPORTS — CITY MANAGER — NONE REPORTS — CITY ATTORNEY — NONE REPORTS —CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — discuss and take other action 08 Council Member Busch — Council Member Jacobson — Mayor Pro Tem Gaines — Mayor McDowell — 18. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. Recommendation — (1) Approve request by Mr. S. Claus for waiver of the permits required for doing business within the City of El Segundo as follows; or, (2) Alternatively, discuss and take other action related to this item: a) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; b) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); c) Grant a free business license for a non - profit organization (ESMC 4 -1 -7); d) Waiver of ESMC 8 -4 -11 B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades); e) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3); f) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; g) Waiver of the Ordinance on Animal Regulations (ESMC 6 -2 -1); h) Waiver of the Pooper- Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg.) 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. 9 09 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: � D TIME: NAME: E� 10 10 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action ( Public Hearing) regarding an appeal of the Planning Commission's decision to approve Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995), and Variance No. 04 -01 for the conversion of an existing 35 -unit apartment Complex to condominiums at 910 E. Grand Avenue. RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing; 2. Discussion and action on appeal. 3. Direct staff to prepare a resolution with regard to the decision for Environmental Assessment No. 636, Subdivision No. 04 -02 (Vesting Tentative Tract Map 60995), and Variance No. 04 -01; and /or 4. Alternatively, discuss and take other possible action related to this item. BACKGROUND &DISCUSSION: The Planning Commission, at its November 15, 2004 meeting, considered and approved the above - referenced project. On November 29, 2004, the El Segundo Residents Association (ESRA) and Wyle Laboratories Inc. filed separate appeals of the Planning Commission decision. Albert and Madeleine Marco are both the applicant and the property owner. (continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Appeal letter dated November 28, 2004 2. Appeal letter dated November 29, 2004 3. Planning Commission Staff Report dated October 14, 2004 4. Planning Commission Staff Report dated November 15, 2004 5. Planning Commission Minutes dated October 14, 2004 6. Planning Commission Minutes dated November 15, 2004 7. Plans, Vesting Tentative Tract Map No. 60995 and Photographs Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriations Required: x No OKi� TED BY _Yes DATE: / L/1 Seimone urjis, fanning and Building Safety Director REVIEWED BY n, P.\Planning & Building SafetyTR0JECMEa- 636\EA636 CC sr TE: L s/y 1 BACKGROUND 8 DISCUSSION — Pa e 2 El Segundo Municipal Code § 15 -25 -3, requires that the appeal state "specifically wherein it is claimed there was an error or abuse of discretion by the body making the decision or where a decision is not supported by the evidence in the record." The appeal filed by ESRA states the association is opposed to the Planning Commission's approval of the project, however the appeal filed did not state that the Planning Commission decision was in error or abused its discretion as required by the ESMC 15 -25 -3. The appeal filed by Wyle Laboratories Inc. contends that: 1) the Planning Commission decision was in error because the Commission failed to consider the parking impacts of the condominium conversion on Wyle Laboratories and; 2) the project has fewer parking spaces than required by the Municipal Code. On October14, 2004 and November 15, 2004 the Planning Commission considered the information provided by city staff, written communication received from the public; and testimony by the applicant, the applicant's representatives and the public. Contrary to Wyle Laboratories' appeal, the Planning Commission assessed the impacts of the project on the community including Wyle Laboratories Inc. The number of parking spaces required for the project, which are based upon regulations in effect in 1978, are 2 parking spaces per unit and 4 visitor spaces for a total of 74 parking spaces. The existing apartment building was constructed with 57 parking spaces which was the number of spaces required for apartment buildings at that time. The applicant proposes to add 13 parking spaces on site, providing 70 parking spaces, including 2 visitor parking spaces. Two parking spaces would be provided per unit for all but 2 of the one bedroom units which would have only 1 parking space each. At the continued hearing on November 15, 2004, the applicant, Albert Marco, proposed to combine 4 of the one bedroom units, reducing them to 2 units in order to comply with the parking requirements. This would reduce the number of units to 33 and thus only 70 parking spaces would be required. Combining 4 units into 2 would also reduce the number of units that do not meet the minimum size requirement of 1,000 square feet per unit. This would reduce the variance request for 15 units (the 748 square -foot, one bedroom units) that do not meet the minimum size down to 11 units. The other variance requests would still be needed for the conversion as proposed. The Commission rejected the applicant's proposal to combine units and meet the parking requirements making the findings that the condominium conversion as proposed would not intensify the use of the building and the addition of 13 on -site parking spaces would reduce any impacts the building presently has. In consideration of the community's concern for parking the Planning Commission added a condition requiring that the Covenants, Conditions and Restrictions (CC &Rs) that would prohibit the parking spaces from being enclosed with doors and also required the applicant to add raised storage units to the garage level. The additional conditions are intended to ensure that the parking stalls will be open and available for parking by the residents of the building. Although the project was approved with four parking stalls less than required by the Municipal Code the Planning Commission was able to make the four findings required to grant a variance (the findings are detailed in the October 14, 2004 Staff Report). Wyle Laboratories Inc, has indicated that there is a parking shortage in the area and provided a photograph of vehicles parked in their parking lot. Wyle Laboratories' parking lot is located P:\Planning & Building Safety\PR0JECTS\Ea- 636\EA636 CC sr t BACKGROUND &DISCUSSION — Pa e 3 on the northwest corner of Maryland Avenue and Franklin Avenue and is adjacent to the "R -3" Multi - Family Residential Zone to the north and west. Although Wyle Laboratories Inc. has raised concern about parking, the project as proposed will alleviate impacts the existing 35 -unit apartment complex currently has by increasing the on -site parking by 13 spaces. Following a decision by the City Council, staff will return to the City Council with a resolution of their final decision at the next City Council meeting. R Planning & Building SafetYTROIECTSTE - 636\EA636 CC sr 1,, OFFICE November-28, 2004 City Clerk , City of El Segundo 350 Main Street El Segundo, CA 90245 Please accept this appeal to the Planning Commission decision on Environmental Assessment No.636, Subdivision No. 04 -02 (VTPM 60995) and Variance No. 04 -01. Please let us know if any other forms are required. A check in the required amount is enclosed. C CLVkCeC7 &�S 0G 14 mMe labolatories Nov. 29, 2004 - To: City of El Segundo Planning Department Wyle Laboratories, Inc. formally appeals the approval by the El Segundo Planning Commission on Nov. 15 of Environmental Assessment No. 636, Subdivision No. 04 -02 (VTM No. 60995) and Variance No. 04 -01 for a project at 910 E. Grand Ave. on grounds of error. We believe the Commission failed to take into consideration the impact on Wyle Laboratories because it approved a variance for fewer parking spaces than the City code called for. Attached is a photo taken of the Wyle parking lot at the corner of Maryland and Franklin (within a few feet of the project) taken at 9 am, Saturday, Nov. 20. The photo was taken when Wyle was working with a minimal weekend staff. The photo shows most of the 35 cars parked that morning in the Wyle parking lot, which is clearly marked for Wyle employees and guests only. None of the cars in the lot that morning had Wyle parking stickers in their rear windows. ..,woui mrmg a private detective and tracking each individual from their car to their residences, we can only surmise that all of the cars are being driven and parked by residents in the 11 or 12 apartment complexes that either abut or are within close walking distance. We ask that the City Council not approve the project based on inadequate parking. Sincerely, �b Dan Reeder Manager, Corporate Communications Wyle Laboratories Wyle Laboratories, Inc. 128 Maryland Street El Segundo, CA 90245 Tel: (310) 322 -1763 Fax: (310) 322 -0781 15 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: October 14, 2004 SUBJECT: Environmental Assessment No. 636, Subdivision No. 04 -02 (VTPM 60995) APPLICANT: and Variance No. 04 -01 Albert and Madeleine Marco PROPERTY OWNERS: Albert and Madeleine Marco REQUEST: A request to allow the conversion of an existing 35 -unit apartment complex to condominiums and a variance to exceed lot coverage, to provide less than the minimum unit size, to provide parking within the front setback, and to provide four fewer Parking spaces than required. PROPERTY INVOLVED: 910 East Grand Avenue Intro____ ction The proposed project is a request for the conversion of an existing 35 -unit apartment complex to condominium use. The project also includes a variance request to allow: 1) 56.9% lot coverage (40% is generally allowed for condominium conversions), 2) 15 units to have a size of 748 square feet (less than the minimum 1,000 square feet ordinarily required for condominium conversions), 3) to provide only one parking space per unit for two of the 35 units where two spaces are required, and to provide only where four spaces are required, for a total of 70 two visitor parkin s parking spaces are required, and 4) to locate two visitor Parking ss 9 Paces in the required front yard setback. parking Paces where 74 the recreation room, relocate the trash and sltipel the parkin made ct° eliminate is located in the "R -3" Multi - Family Residential Zone and is developed with two buildings consisting 9• The project site modifications to the existing pstructures units. on site. The applicant is proposing 157.49' wide by 220.35' deep, totaling a P P 9 minor is bordered b 9 PProximately 34,702 square feet The site Maryland Stre t to the w st, and CentereStreet to the east.Avenue to the south, Recommendation Planning staff recommends that the Planning Commissi review on revi the facts as contained within this report, and adopt Resolution No. 2ew approving 2 1 t? Environmental Assessment No. 636, Subdivision No. 04 -02 (VTPM 60995), and Variance No. 04 -01. III• f IR!Wround The project site is a rectangular shaped lot that slopes downward approximately 22 feet from the west to the east and 24 feet from the north to the south. The lot is developed with two buildings constructed in 1978 providing 35 residential units. The lot is a corner lot with driveway access from Maryland Street. Each building has a carport on the ground level enclosed on three sides with two floors of residential units above. Currently, 57 parking spaces are provided. With the exception of some minor modifications to the garage level the applicant proposes to retain the buildings in their current configuration. IV. Analysis The applicant proposes to convert an existing 35 -unit apartment complex to condominiums. Pursuant to Section 15 -4C -5 (K) of the El Segundo Municipal Code condominiums converted from multiple - family dwellings shall meet all the requirements for condominiums in effect at the time they were originally constructed. According to City records the project site was permitted for construction in 1978. The existing buildings have a total building footprint of 19,751 square feet with 56.9% lot coverage. Each building consists of two floors of residential units above a garage level. The complex contains 20 two- bedroom units that are 1,033 square feet in size and 15 one - bedroom units that are 748 square feet in size. The applicant proposes to keep the uni configuration. ts at their current size and The applicant is proposing to add 13 additional parking stalls to the 57 existing stalls for a total of 70 parking stalls where 74 are required. Eleven of the new stalls will be located within the existing garage level by utilizing areas within the garage that are currently designated as walkways and by removing the existing recreation room and relocating the trash enclosure. In addition, the applicant intends to add two visitor parking spaces on grade within the required 20 -foot front yard setback south of the complex on Maryland Street. Although the front of one of the buildings faces Grand Avenue and provides the visual entry and primary access, the front yard setback of the property is on Maryland Street as defined by the Zoning Code. The narrowest frontage of a lot is considered the front in the case of corner lots. The following chart reflects the development standards for converting an apartment building built in 1978 to condominiums in the R -3' Residential Zone and the development standards proposed by the Multi-Family cant The project does not meet the following condominium conversion standards: 1) lot coverage, 2) minimum unit size, 3) number of parking stalls, and 4) and the location of visitor parking spaces within the front yard setback. 2 1.7 Permitted Uses Minimum Lot Size Lot Area per Dwelling Dwelling Unit Minimum Floor Area 1978 CONDOMINIUM CONVERSION REQUIREMENTS condom 10,000 square feet 35 units: 1 unit PROJECT STANDARDS Irsion of 35 apartm s to condominiums. 34,702 square feet per 1,000 square feet of lot area, where a fraction of the lot 35 units: 1 unit per 991.48 square feet is greater than 500 square feet an additional unit is allowed of lot area 1,000 square feet of area Lot Coverage 13,080.8 square feet (40 %) 36 feet, however, the height may be increased to 40 feet providing that fo Height each foot above 36 feet the required yards, front side, and rear are increased one additional foot Parkin S 2 parking spaces per dwelling unit 9 P aces and 1 visitor spaces for each 10 unit = 74 parking spaces total The surrounding land uses are as follows: North: South: East: West: Subdivision No. 04 -02 Lanes Apartments 1) 1,033 square feet for 20 it bedroom units ?) 748 square feet for 15 o bedroom units 19,751 square feet (56.9 %) Complied with 40' maximum height at the time of development 66 parking spaces (2 spaces for 33 of the units and 1 space each for 2 of the 1 bedroom units), 2 of the 4 visitor parking spaces = 70 parking spaces total Zone Oil Well R -3 L.A. County Storm Water Basin P Apartments P-F R -3 The application includes a subdivision request to allow the conversion of an existing 35 -unit apartment complex to condominiums through Vesting Tentative Parcel Map No. 60995. The Multi - Family Residential Zone allows condominium conversion as a permitted use. Residents will have exclusive rights to their units and parking spaces, and a percentage ownership in the common areas and project amenities. Covenants, Conditions and Restrictions (CC &Rs) will establish a Homeowners Association (HOA) to assure maintenance of the common areas and the exterior of the buildings. 18 Findings for Denial of a Subdivision Pursuant to Section 66427.1 of the Subdivision Map Act, the legislative body shall not approve a final map for a subdivision to be created from the conversion Of residential real property into a condominium project, a communi ty a artment Project, or a stock cooperative project unless it finds all of the following: p 1 Each of the tenants of the proposed condominium, community apartment Project or stock cooperative project has received, 66452.9, written notification of intention to convert atpleast 60 days Section to filing of tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, and each person applying for the rental of a unit in such residential real property, all applicable notices and rights now or hereafteraequired by this receive or Chapter 3 (commencing with Section 66451 ). shall be Made that each tenant has received 10 days' w tten notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall or deemed satisfied if such notices comply with the legal requirements for service by mail 2. Each of the tenants of the proposed condominium, community apartment Project, or stock cooperative project has been or will be, given written notification within 10 days of approval of a final map for the proposed conversion. 3. Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, giv n 180 days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the Provision of services, payment of rent or the obligations Sections 1941, 1941.1 and 1941.2 of the Civil Code. imposed by 4. Each of the tenants of the proposed Condominium, community apartment Project, or stock cooperative project has been, or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 1108.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 5. This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to a pprove or disapprove condominium projects. 4 1J The applicant has already submitted copies of the 60 -day notices signed by each of the tenants. This project in no way diminishes or expands the authority of the City. Planning staff has incorporated the other provisions for the approval of a subdivision created from the conversion of residential real property as conditions of approval. General Plan Consistency This condominium development would be in keeping with the General Plan Land Use Element Objective LU 3 -2, which designates the site for Multi - Family Residential use. In addition, the project is consistent with Goal 4 of the City's 2000 -2005 Housing Element which focuses on eliminating governmental constraints on housing development. Specifically, Policy 4.1 of the Housing Element calls for continuing to allow second units, condominium conversions, caretaker units and second floor residential uses in commercial zones as specified in the City's zoning ordinance. Variance No. 04 -1 Pursuant to Section 15 -4C -5 (K) of the El Segundo Municipal Code condominiums converted from multiple - family dwellings shall meet all the requirements for condominiums in effect at the time they were originally constructed. The existing structures on the site were built in conformance with the development standards for apartments at the time the units were permitted for construction in 1978. Development standards in the "R -3" Multi- family Residential Zone have been revised over the years. Today there is only one set of development criteria for condominiums and apartments. However, the proposed project is subject to the Zoning Code standards in place at the time it was built in 1978 and since it does not meet all the standards for condominium conversions it requires approval of the following three variances: 1) To exceed the lot coverage allowed for condominiums by 16.9 %. Pursuant to Section 20.24.090 of the 1978 El Segundo Municipal Code the permissible lot coverage for conversions of multiple dwellings to condominium units shall not exceed 40% of the lot area. 2) To maintain 15 of the existing units which do not meet the minimum unit size of 1,000 square feet as they are only 748 square feet. Pursuant to Section 20.24.100 of the 1978 El Segundo Municipal Code condominiums converted from multiple dwellings require 1,000 square feet of area per unit. 3) To provide only 70 of the 74 parking spaces required. Two one - bedroom units will have only one parking space each where 2 are required and only two visitor spaces are provided where four are required. Pursuant to Section 20.54.020 of the 1978 El Segundo Municipal Code for condominiums converted from multiple dwellings requires two parking spaces for each dwelling unit plus one visitor 5 space for each ten units, with a minimum of two spaces accessible to visitors. Finally, the applicant's proposal to add two on -grade visitor parking stalls within the front yard setback south of the complex requires a fourth variance from the current Municipal Code. Section 15 -15 -2 (H) of the El Segundo Municipal Code prohibits visitor parking spaces for any residential use to be located in whole or in part, in any required front yard or front two- thirds of any required side yard. In accordance with Section 15 -23 -3 of the El Segundo Municipal Code, the Planning Commission may grant a variance if all of the following four findings can be met: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone. The project site slopes downward approximately 22 feet from the west to the east and 24 feet from the north to the south. The existing site is developed with two buildings containing 35 apartment units covering 56.9% of the lot, where only 40% lot coverage is permitted for condominium conversions. However, under the current Zoning Code all lots zoned "R -3" Multi - Family Residential are permitted 53% lot coverage. The existing building exceeds today's standard by only 3.9 %. In addition, 15 of the units are 252 square feet smaller than the 1,000 square -foot minimum required for condominium conversions. Today's Zoning Code does not establish different standards for apartments and condominiums nor does it establish a minimum unit size. Requiring the applicant to increase the unit size and reduce the lot coverage would require substantial remodeling of the existing building to increase the unit size and reduce the lot coverage. Additionally, it would result in a loss of several housing units within the City. The intended use of the site for condominiums will increase home ownership opportunities within the City of a variety types and tenures. This conversion will provide relatively more affordable home ownership opportunities within the community as condominiums converted from apartments are generally more affordable than newly constructed condominiums. The applicant is proposing to add 13 additional parking spaces on the site for a total of 70 parking spaces where 74 spaces are required. At the time the apartments were built the site was developed with 57 parking spaces although only 44 spaces (1.25 spaces per unit) were required for apartment buildings. The proposed addition of parking spaces will reduce the impact of the development on the surrounding area; eleven of the parking stalls will be added within the existing garage level. The other two parking stalls will be located within the required front yard setback. The exceptional circumstance for locating parking within the front yard setback on this site is that at the time the complex was constructed, Grand Avenue was treated as the front property line. The building is setback the required 20 feet (excluding the 6 21 permitted 5 -foot intrusions) from the Grand Avenue property line. As a result Of the sloping topography of the lot, the parking will be located behind a large retaining wall. The visual impact of locating parking within the front yard will be minimal given the buildings' existing configuration. Additionally, it helps to bring the residential project closer to conformance with the 1978 El Segundo Municipal Code by providing two of the four required visitor parking spaces. This reduces the impact to the surrounding neighborhood by providing on -site visitor parking that is accessible. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. At the time the subject site was developed, it met all Zoning Code requirements in effect for apartments in the "f2 -3" Multi - Family Residential Zone. The existing structures exceed the 40% lot coverage allowed for condominium conversions by 16.9 %, however to reduce the existing buildings to 40% lot coverage would require a significant structural redesign of the buildings. The buildings are built into the lots sloping topography. At the time the complex was built the "R -3" Multi - Family Residential Zone had separate development standards for apartments and condominiums. Today, there is only one set of development standards for apartments and condominiums in that all lots zoned "R -3" Multi- Family Residential are permitted 53% lot coverage. If the site did not have a significant change in grade then the buildings on site would be in compliance with the lot coverage permitted today. Specifically, the elevated walkways providing required ingress and egress to the units is included in the total lot coverage because they are raised more than 30" from grade. If the lot did not slope significantly and the walkways were constructed at grade then the lot coverage would be reduced by 1,523 square feet for total lot coverage of 52.5% and would then be consistent with today's standards. There are 15 units that do not meet the 1,000 square foot minimum size required for the conversion of apartments to condominiums. The "R -3" Multi - Family Residential Zone no longer specifies a minimum unit size and therefore new units of an equal or smaller size than those existing on site could be built on any "R -3" lot today. These units exceed the minimum standard of the California Building Code today and pose no life safety or health concern. The applicant is proposing to increase the parking on -site from 57 to 70 parking spaces where 74 spaces are required. Two of the 35 units will have only one parking space where two are required, and two visitor parking spaces will be provided where four are required for condominium conversions. No visitor parking spaces are required for apartments at the time the project was constructed. The addition of two visitor parking spaces brings the buildings closer to conformance. The requirement for apartments and condominiums would require 92 parking spaces if constructed today. 7 2 The applicant proposes to locate two visitor - parking stalls within the 20 -foot front yard setback area south of the complex. The adjacent property to the south is zoned for "P" for parking and is developed with an oil well. C. That the granting of the variance will not be materially detrimental to the Public welfare or injurious to the property or improvement in such vicinity and zone in which the property is located. The granting of the variance will not be materially detrimental to the Public welfare or injurious to the property or the vicinity and zone in which the property is located since the applicant's proposal will not increase the intensity of the existing use. The lot is currently developed with two buildings that exceed the 40% maximum lot coverage for condominium conversions by 16.9 %. This is an existing condition and given the configuration of the buildings and the sloping of the lot it would be impractical to reduce the lot coverage as the structures are built to the sloping configuration of the lot. Furthermore, the current Zoning Code does not establish different standards for apartments and condominiums and the site could be rebuilt today with a maximum lot coverage of 53% the existing buildings exceeds the lot coverage allowed on an property zoned "R -3" Multi - Family Residential (EI Segundo Municipal Code Section 15- 4C -5.H). The existing complex exceeds today's standard by 3.9 %. The variance for the 15 units that do not meet the 1,000 square -foot minimum is not detrimental to the public welfare or injurious to the property or improvement in the vicinity. These units meets the minimum standards of the California Building Code and therefore do not pose a health or public safety hazard. Furthermore, the current standards in the "R -3" Multi - Family Residential Zone do not identify a minimum size for units and is subject to the standards established by the California Building Code. To reduce the number of units would also reduce the city's housing stock. The conversion will also provide an opportunity to increase homeownership within the city. The applicant is proposing to increase the parking on -site to 70 parking spaces. Although the proposed parking is still four spaces less than the required 74 parking spaces, it is a substantial increase in on -site parking by thirteen spaces that will reduce parking impacts on the surrounding area. The applicant proposes to locate two visitor parking stalls within the 20 -foot front yard setback area south of the building complex. Under the current Zoning Code the narrow side of the lot which is Maryland Street is considered the front of the lot (ESMC Section 15 -1 -6 regarding "Lot Line, Front "). No required visitor parking is permitted within any required front yard setback or front two - thirds of any required side yard. Generally, locating parking within the required front yard setback is not good design. At the time this site was developed the property line along Grand Avenue was treated as the front property line and the property line along Maryland Street was a side yard. As a result, the buildings on Maryland Street maintain a setback of only 5' -5" instead of the 20 feet required for front yards. The existing site provides adequate setbacks to allow for sufficient light, air and privacy although not in a 23 the configuration required today. The existing orientation of the buildings and the sloping of the lot lend itself to limiting any visual impact of cars parking in the front yard. D. That the granting of the variance will not adversely affect the general plan. The proposed condominium conversion is consistent with the goals, policies, and objectives of the "R -3" Multi - Family Residential Zone. The project is consistent with Policy 4.1 to allow second units, condominium conversions, caretaker units and second floor residential use in commercial zones as specified in the City's zoning ordinance. Furthermore, the project is consistent with Objective 1­13 -3 to develop and implement a program to enforce the Condominium Conversion Ordinance and create a program to monitor conversions to condominium of those apartments which house primarily low and moderate income households and limit those conversions that reduce the supply of affordable housing for those income ranges. Currently, the units are rented at the market rate and the applicant intends to sell the units at the going market rate. Generally, apartment units converted to condominiums command a lower price than newly built units. To date the City has received three requests for condominium conversions: one application at 770 W. Imperial Avenue was approved, the second application at 234 Eucalyptus was withdrawn, and the third application at 512 W. Imperial was denied. The loss of rental units within the City to condominium conversion has been minimal. Planning staff thinks that the four required findings for all the requested variances can be made. The condominium conversion provides an opportunity to provide more affordable housing opportunities within the City. The applicant's statement of the findings is attached with the variance application. Conditions of Approval Planning staff thinks several conditions of approval should be required of the project to make it consistent with typical new development in the "R -3" Multi - Family Residential Zone and to further support the findings made in the variance. First, in consideration of the fact that most new condominiums are townhome- style developments that include an enclosed two car garage with sizable storage areas, Planning staff thinks that storage units should be added to the garage level. Specifically, raised storage should be added within the garage level along the wall opposite the garage opening. Although a requirement for storage is not a current development standard, it is clear that there is a definite need for storage for the residential units. Therefore staff has added Condition Number 8, a requirement for storage, to the conditions of approval. Planning staff has also added Conditions Numbers 10 and 13 requiring the addition of landscaping (including irrigation) and a block wall along the easterly and southerly property lines. Planning staff thinks that these conditions should 9 24 be added so that the existing complex is comparable to other developments. Pursuant to El Segundo Municipal Code Section 15 -4C -6, those portions of the property which abut a different zoning classification shall be landscaped with trees and shrubs to provide an effective buffer from adjoining property. In addition to serving as a buffer from the adjacent properties the landscaping will help to prevent soil erosion along the sloping lot. The block wall will serve as a means for securing the property and providing an additional buffer from the adjacent properties with a storm drain facility to the east and an oil well to the south. In addition the wall will help to reduce the visual impact of the supporting columns of the raised walkway. Finally, planning staff has added Condition Number 12 requiring the applicant to paint "No Parking Zone" on the ground in the area adjacent to the fire equipment room and in front of the stairway. This area is to be maintained and free from obstruction in order to provide required egress. V. Inter - Departmental Comments The project applications and plans were circulated to all departments and all inter - departmental comments are attached to the report. The Recreation and Parks Department requested to review plans of any modifications to the existing landscaping or plant material. The Police Department noted that the project is the conversion of an existing apartment complex to condominiums and that the existing configuration of the buildings limits them from recommending appropriate security measures. The Fire Department addressed fire safety concerns related to the relocation of the trash. Specifically, the Fire Department will require the installation of fire sprinkler protection over the trash containers because they are located within 5 feet of the building. The Public Works Department requested that the sewer clean out cap located where the visitor parking spaces are proposed be raised to be flush with the new asphalt pavement. VI. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (A and K), as the division of an existing multiple family residence into common - interest ownership and subdivision, where no physical changes occur which are not otherwise exempt, and interior or exterior alterations involving such things as interior partitions. io 25 VII. Conclusion Planning staff recommends approval of this subdivision application subject to the conditions in the attached resolution since the required findings for denial cannot be made. VIII. Exhibits A. Draft Planning Commission Resolution No. 2576 B. Inter - Departmental Comments C. 1978 El Segundo Municipal Code Excerpts D. Site Photos E. Applications F. Vesting Tentative Parcel Map No. 60995 G. Plans Prepared by: Alexis Schopp, Planning Technician imberly Chri nsen, AICP, Planning Manager Community, onomic and Development Services 8..�� -Q James M. sen, (rector Community, Economic and Development Services P:/Plann ingBBuilingSafety /projects/Ea -626- 650 /Ea- 636 /Ea -636. S R I1 26 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: November 15, 2004 SUBJECT: Environmental Assessment No. 636, Subdivision No. 04 -02 (VTPM 60995) and Variance No. 04 -01 APPLICANT: Albert and Madeleine Marco PROPERTY OWNERS: Albert and Madeleine Marco REQUEST: A request to allow the conversion of an existing 35 -unit apartment complex to condominiums and a variance to exceed lot coverage, to provide less than the minimum unit size, to provide parking within the front setback, and to provide four fewer parking spaces than required. PROPERTY INVOLVED: 910 East Grand Avenue Introduction A public hearing was held by the Planning Commission on October 14, 2004 regarding the proposed project that is a request to convert an existing 35 -unit apartment complex to condominium use including a variance request as outlined in the previous staff report. A staff report was given; public testimony was taken; and the public hearing was closed. The matter was continued to the Special Meeting of the Planning Commission on November 15, 2004. Staff has provided a revised resolution to reflect the continuance of the hearing and to include the subdivision findings that were absent from the draft resolution provided to the Planning Commission on October 14, 2004. Recommendation Planning staff recommends that the Planning Commission review the facts as contained within this report and the report dated October 14, 2004, and adopt the revised Resolution No. 2576, approving Environmental Assessment No. 636, Subdivision No. 04 -02 (VTPM 60995), and Variance No. 04 -01. Conclusion Planning staff recommends approval of this subdivision application subject to the conditions in the attached resolution since the required findings for denial cannot be made. 1 27 IV. Exhibits A. Revised Draft Planning Commission Resolution No. 2576 B. Planning Commission Staff Report dated October 14, 2004 Prepared by: Alexis Schopp, Planning Technician Kirhberly Christe#Sen, AICP,- Planning Manager Planning and B ding Safety Department Seimone Jurji ectDff or Planning and Building Safety Department P: /Planning &B u i li ngSafety /projects /Ea- 626- 650/Ea- 636 /Ea -636. S RSu pplement 2 28 'MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA OCTOBER 14, 2004 Chairman Funk called the meeting of the El Segundo Planning CALL TO ORDER Commission to order at 7:04 p.m. in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Commissioner Schiltz led the Pledge of Allegiance to the Flag. PLEDGE TO FLAG PRESENT: CARLSON, FUNK, SCHILTZ ROLL CALL ABSENT: KRETZMER There being no objection, the election of a Vice - Chairman was moved to ELECTION OF VICE the end of this evening's agenda, noting that Commissioner Kretzmer is CHAIRMAN not yet present. (This agenda item was eventually continued to the special meeting on November 15, 2004.) None. PUBLIC COMMUNICATIONS Chairman Funk presented the Consent Calendar. CONSENT CALENDAR None. CALL ITEMS FROM CONSENT CALENDAR Commissioner Carlson moved, seconded by Commissioner Schiltz, to MOTION approve the September 23, 2004, Minutes as presented. Passed 3 -0, absent Commissioner Kretzmer. None. PUBLIC COMMUNICATIONS Planning Manager Christensen highlighted the two letters relating to WRITTEN Agenda Item No. 1 -2 that were submitted after the agenda package had COMMUNICATIONS been distributed: one from C.D. Yiakas of Wyle Laboratories and one from Ross Vitale (of record). El Segundo Planning Commission Minutes, October 14, 2004 �J Chairman Funk presented Item 1 -2, Environmental Assessment No. 636, Subdivision No. 04 -02 (VTM No. 60995) and Variance No. 04 -01. Address: 910 East Grand Avenue. Applicant and Property Owners: Albert and Madeleine Marco. Planning Technician Schopp presented staff report (of record). Chairman Funk opened the public hearing. Elizabeth Srour, representing the applicants /owners Ms. Srour thanked staff for the many months of discussion and work on this project and for providing a thorough staff report; she advised that the conditions are acceptable to the applicant; and stated that the conditions are both beneficial to the project and to the neighborhood. Ms. Srour highlighted a few of the components of this project; noted that this request is to allow the owner to create owner /occupied homes on this site; advised that the 35 units were built in 1978 -79; that the units did comply at that time with the building standards in place for apartment use; and explained that lot coverage and unit size requirements have changed from what was in place in 1979. She expressed her belief that this proposal will create a wonderful opportunity for entry-level housing and an opportunity to create and strengthen the relationship of this property to the neighborhood and to the community. Ms. Srour noted that some of the tenants have lived at this complex for many years; that a number of tenants expressed an interest in owning their own units; and pointed out that these tenants will be given the first opportunity /right to purchase their units. She mentioned that these units are oriented towards Grand Avenue. Ms. Srour explained that as part of the application, a few upgrades are being required or have been proposed; stated that the owner has evaluated the existing parking configuration which is at the basement level and accessed from Maryland on the west; noted that the applicant is able to provide an increase in 11 parking spaces within the garage and two guest spaces on grade immediately adjacent to the driveway entrance; and explained that providing a block wall along the southerly property line, and to the extent possible, along the easterly property line will be beneficial to the complex and the immediate neighborhood and will create a real separation between the residential uses and the industrial uses. She emphasized that there is no physical expansion of use in the building itself, that everything is contained within the original footprint of the building except for the two exterior open guest spaces. Ms. Srour explained that there are two unit sizes: one - bedroom units PUBLIC HEARINGS, NEW BUSINESS, EA NO. 636, SUBD. NO. 04 -02 (VTM NO. 60995) and VAR NO. 04 -01. A request to allow the conversion of an existing 35 -unit apartment complex to condominiums and a variance to exceed lot coverage, to provide less than the minimum unit size, to provide parking within the front setback, and to provide four fewer parking spaces than required. 2 El Segundo Planning Commission Minutes, October 14, 2004 30 with approximately 748 square feet and two- bedroom units with approximately 1,000 square feet; she advised that the storage units will be located above the assigned parking spaces; noted that each unit will have two assigned parking spaces that will be permanent and run with the land in terms of any grant deeds that are created for the individual units, except for two of the one - bedroom units, which will have only one parking space. Ms. Srour explained that as part of requesting that the Commission consider and approve the exceptions to the code with regard to the lot coverage, she indicated that much of this relates to the topography, which creates a need to have the exterior raised stairways and walkways — pointing out that these would not count towards lot coverage if they were on grade; and advised that the location of the guest parking is an exception, along with the size of the unit — pointing out that staff report indicates that this isn't a relevant standard any longer; and stated that she views this as a benefit to the prospective buyers. Ms. Srour noted that staff report concludes that reasonable findings can be made to support the exceptions that the applicant is seeking; she stated that approval of the exceptions is not detrimental in any way to the residents of this complex or to the community; and that this proposal is consistent with the goals of the Housing Element and the overall General Plan. Albert Marco, applicant/propertv owner Mr. Marco stated that he has two businesses that have been operating in El Segundo: Marco Fine Arts and Builders Protection Group — noting that he has a vested interest in this community; and noted his interest in converting this complex to affordable housing and creating pride of ownership in the City. Responding to Commissioner Carlson's inquiry regarding the purchase price of the units, Mr. Marco expressed his belief that the units will be sold within the $300,000 range; and stated that the tenants will be given the first opportunity to purchase their units. Drexel Smith, 128 Maryland Street Senior Vice- President and General Manager of Wvle Laboratories Mr. Smith stated that he is very concerned with the limited parking in this area; noted that Maryland Street is negatively impacted in this immediate area; explained that Wyle's parking lot, which is located across the street from this complex and is for the sole purpose of Wyle's employees, is consistently being used by the local neighborhood 3 El Segundo Planning Commission Minutes, October 14, 2004 31 residents for their parking needs; and expressed his concern that the proposed conversion will exacerbate the parking demand in this area. He noted his understanding that the south side of this complex is contiguous with his property; and that on the very north edge is an access easement to the oil well and part of the flood control facility that his company does not control. He advised that this is a permanent easement; and noted that the applicant's representative approached him about his willingness to negotiate with parking in that area; however, he highlighted his company's plans for future expansion with this parking area. He noted that this is a private piece of property, not a public park; and that it is intended to be overflow parking for Wyle's employees and future expansion of the business. Mr. Smith stated that it is necessary and good planning to provide an appropriate buffer between manufacturing activities and residential uses; and expressed his belief that it is not good planning to place home ownership next to manufacturing uses. He stated that there's very little residential on the south side of Grand Avenue; that most of the area in the Smoky Hollow area, between Grand, south to El Segundo Boulevard is all manufacturing, with only a couple places being residential. He addressed his concern that pride of ownership is partnered with people who believe they have additional rights when living next to manufacturing uses as opposed to those who rent; and he urged denial of this request. Ross Vitale, resident at 910 East Grand Avenue Mr. Vitale stated that he has lived at this complex for approximately nine years; and noted his opposition to this proposal because he was not advised by the applicant of the anticipated purchase price and homeowner association fees, questioning its affordability. He noted that 80 to 100 individuals will be impacted by this conversion and expressed his disappointment in the applicant not approaching the tenants in regard to the particulars of this proposal. He advised that this proposal has created stress among the tenants; stated that a lot of tenants have left the complex since receiving in January the first notice for this potential conversion. He expressed his desire to reside in El Segundo and noted that he is intrigued by owning one of these units, questioning if Mr. Marco is considering $300,000 in the low or high range upon project completion. Delores Thomas, owner of the oropertv at 304 Bungalow Ms. Thomas stated that she owns the apartment complex located at 304 Bungalow; and addressed her concern with the limited parking in this area. She stated that she has made a number of improvements to her 4 El Segundo Planning Commission Minutes, October 14, 2004 32 property in order to comply with the City's codes; and noted that many of the garages in this area are not being used for the intended purpose — questioning how this applicant plans to monitor and enforce proper garage usage. She stated that her apartment building conforms to the required 1 '/4 parking spots for each tenant at her facility and reiterated that parking is at a premium in this area. Bill Johnson, 910 Grand Avenue tenant Apartment No 31 Mr. Johnson stated that he lives at this complex and questioned if he would be allowed to stay in this complex as a renter of one of the condominiums. Staff indicated that one would most likely be required to purchase a unit in order to live there, but suggested the possibility that someone else could purchase the condominium and rent the unit. Ms. Srour reiterated that there are a number of improvements being proposed, such as an improvement in the parking relationship of this complex to the neighborhood and a clear delineation that will occur with the construction of the 6 -foot high block wall on the two sides, especially to the south. She explained that given the length of time it will take to complete this conversion, it is difficult at this time to identify the purchase price of these units; and noted that once the applicant receives full approval by the City, he will proactively work with the tenants and encourage ownership — reiterating that the current tenants will be given the right of first refusal. She explained that these garages are open and that they will not be permitted to be used for storage outside of the storage bins. Commissioner Carlson questioned if any study had been conducted to determine how many residents will be on site following the conversion. In response to Commissioner Carlson's inquiry, Ms. Srour expressed her belief that there should be approximately the same number of people living on site following the conversion; and noted that the number of parking spaces is being enhanced from 57 to 70. Mr. Marco noted for Commissioner Carlson that in his experience, there is adequate parking on site and that it is his understanding most every tenant uses the parking facilities on site. Chairman Funk questioned if the applicant has considered combining some of the one - bedroom units to a larger unit. 5 El Segundo Planning Commission Minutes, October 14, 2004 33 Addressing Chairman Funk's question, Mr. Marco stated that that was given some consideration, but it was soon determined that reconstructing this older building would be too difficult and cost prohibitive. In terms of the tenancy, Ms. Srour explained that because of its location and configuration, this building does not lend itself to young families with children; that it is expected this complex will house young professionals; and that the parking demand is not expected to increase — pointing out that it's conceivable there will be a reduction in the parking demand given today's demographics. With regard to combining some of the units, she explained that because of the age of this building, a number of issues would arise that would not lend itself to an economically feasible project. She pointed out that this type of housing is limited in El Segundo. Ms. Srour stated that the one - bedroom unit has some advantage in that it more than likely will house one individual rather than a couple; and added that by expanding the size of the one - bedroom units, it will encourage a higher residency and possibly more cars. She mentioned that all one - bedroom units could not be combined without running into serious structural problems. In response to Commissioner Schiltz' inquiry regarding exterior upgrades, Mr. Marco advised that a complete landscape plan will be proposed for the entire site. There being no further public input, Chairman Funk closed the public hearing. Assistant City Attorney Berger advised that inadvertently left out of the resolution is the actual affirmative findings for the subdivision map; and stated that if the Commission approves this project, the resolution will have to be modified to include these findings and be placed on the next agenda under Consent Calendar as a ministerial action. He mentioned that in order to approve this project tonight, it would take a unanimous vote this evening. Chairman Funk asked for clarification on the City's meeting of its goals for the Regional Housing Needs Assessment. Planning Manager Christensen explained that the City's Regional Housing Needs Assessment, which is part of the Housing Element process, currently sets forth 78 units that have to be developed during the 5 -year time frame of the Housing Element, a net increase of units during that timeframe — noting that the City is approximately halfway to that goal at this point, with two years remaining to meet that goal. She explained that it's the total number of net new housing units; and noted 6 El Segundo Planning Commission Minutes, October 14, 2004 34 that this project is producing a net of zero; however, any loss of units due to combining units would be subtracted from the net increase. She clarified that the 92 parking spaces would be required under today's code if a new project were being built with the same number of units; and that if this Commission were to require the applicant to combine 14 units into 7 units, the applicant would be required in today's standards to provide 74 parking spaces total, 56 plus 18 guests spaces. Planning Manager Christensen highlighted for Chairman Funk the area on the drawing where the two guest parking spaces are proposed; explained that staff believes the property line for Mr. Marco's parcel does somewhat overlap with the easement; and that prior to any construction, that information would be verified through the plan check process. Planning Manager Christensen advised that the applicant has proposed to re- stripe the parking within the carports; that in the process of doing that, it would remove the storage and the small recreation room; and that the walkways between the spaces would be combined with the existing parking area to be able to increase the number of parking spaces. She advised that Condition No. 8 requires the applicant to provide storage lockers for the tenants; noted that these storage lockers at the head of the parking stalls for each unit are raised 4 feet off the ground for clearance; and noted that storage or any other obstructions will not be permitted within the parking space areas. Commissioner Carlson thanked everyone for their comments and written communications this evening; and noted his concurrence that parking is a major concern in this City. He expressed his belief that there will be adequate parking at this site given the fact that the number of parking spaces will be increased but that the number of units will stay the same. He expressed his belief that there has not been any valid argument given this evening to lead him to believe parking will be worse following the conversion. Chairman Funk stated that by today's standards, 92 spaces would be required if this were a new building; noted that Grand Avenue currently has parking problems /issues; that Wyle Laboratories has indicated they have parking issues; and that neighbors on Bungalow have parking issues. She noted that parking is a big problem in El Segundo; and stated that she does not want to see Grand Avenue turned into a street which has only one lane each way because of continuous parking on Grand Avenue. Commissioner Carlson questioned if anyone has a valid argument to make that by increasing the parking spots for 35 units, the parking will get worse. 7 El Segundo Planning Commission Minutes, October 14, 2004 3 Commissioner Carlson moved, seconded by Commissioner Schiltz, to MOTION re -open the public hearing. No objection was noted. Mr. Smith stated that studies do indicate there is a difference in parking standards depending on ownership as opposed to rentals; expressed his belief that property owners tend to use their properties more effectively; and reiterated his concern with what he perceives as an enormous parking problem in this immediate area. He reiterated that a significant number of residents in this area use the Wyle Laboratories lot across the street; and noted the company's intent to use this lot once its workload increases and the company expands. He stated that the parking is being accommodated because motorists are using other people's property for parking and that this situation will only get worse. Mr. Marco stated that he met with Mr. Smith at his laboratory; and stated that Mr. Smith's first concern had to do with the problems that arise with residential property owners versus that of renters living next to manufacturing facilities. He indicated that the CC &R's will dictate proper use of parking. Ms. Srour stated that the City recognizes there is some value in considering conversion of older buildings, that the City recognizes the appropriateness in looking at buildings in terms of what the requirements were, not necessarily making the building adhere to today's standards; and stated that the reason for this is the City recognizes the need for a certain type of housing that isn't being built in the community — pointing out that the economic incentive does not exist to do that. She added that the location for the guest parking is a valid concern for Mr. Smith; and advised that the project architect and engineer have both looked at the location for the guest parking in terms of the property line, in terms of the driveway, and stated that it's their belief it can be provided to comply with the City's requirements in terms of dimensions and not conflict with the access into that oil well area. Mr. Vitale stated that living on the south side, facing Wyle Laboratories, it has been his experience that residents from this complex use the parking facilities on site; that the complex visitors park on Maryland; and expressed his belief that the people parking on the Wyle Laboratory property are those that live in the two other apartment buildings adjacent to Wyle Laboratories. He added that parking is not an issue on this site; that there are several parking spaces on site that are routinely empty; and that he concurs with the statement that the proposed parking will be adequate for this site. Ms. Thomas stated that she has made many improvements to her apartment complex in order to comply with the City's codes; and urged 8 El Segundo Planning Commission Minutes, October 14, 2004 3 6 the City to require that all code provisions be met. She suggested that staff contact the Police Department to determine who is utilizing the parking on the street, noting that many tickets have been given. There being no further input, Chairman Funk closed the public hearing. Chairman Funk thanked staff and the applicant for all the work that went into this process. She noted that it is not feasible to reduce the size of this building and that she would not seek adherence with today's lot coverage requirements. She addressed her concern with parking demand; and noted her preference to see the applicant combine the one - bedroom units, which don't meet the minimum size requirements. She expressed her belief that the 74 parking spaces can be accommodated by looking at some additional conversion. Because of her opposition at this point in time, she questioned if this matter could be continued to a meeting wherein four Commissioners are present. Assistant City Attorney Berger advised that Commissioner Kretzmer would need to listen to a tape of this evening's meeting in order to participate; and advised that there would need to be three affirmative votes to adopt the resolution. Commissioner Carlson moved, seconded by Commissioner Schiltz, to MOTION continue this matter to November 15, 2004. Passed 3 -0. None. PUBLIC HEARINGS, CONTINUED BUSINESS For the November 15th Planning Commission meeting, Planning REPORT FROM Manager Christensen advised that the agenda will include the following DIRECTOR two issues: Plaza El Segundo development project and Sepulveda /Rosecrans site rezoning, and the continuance of this evening's item. None. PUBLIC COMMUNICATIONS At this time, it was the decision of the Commission to continue the PLANNING election of a Vice - Chairman to a meeting wherein four Commissioners COMMISSIONERS' are present. COMMENTS Commissioner Schiltz moved, seconded by Commission Carlson, to MOTION continue election of Vice - Chairman to the next meeting. 9 El Segundo Planning Commission Minutes, October 14, 2004 3 7 None. OTHER BUSINESS There being no further discussion, the meeting adjourned at 8:45 p.m. to ADJOURNMENT the meeting of October 28, 2004. Passed 3 -0. PASSED AND APPROVED ON THIS 15th DAY OF NOVEMBER, 2004. Seimone Jurjis, Secretary o the Planning Commission and Director of Planning and Building Safety City of El Segundo, California Robin Funk, Chairman of the Planning Commission 10 El Segundo Planning Commission Minutes, October 14, 2004 p MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA NOVEMBER 15, 2004 Chairman Funk called the meeting of the El Segundo Planning Commission to order at 7:03 p.m. in the Council Chamber of the City of El Segundo City Hall, 350 Main Street, El Segundo, California. Commissioner Schiltz led the Pledge of Allegiance to the Flag PRESENT: CARLSON, FUNK, KRETZMER, SCHILTZ ABSENT: NONE CALL TO ORDER PLEDGE TO FLAG ROLL CALL Chairman Funk nominated Commissioner Carlson as the Vice - Chairman ELECTION OF VICE - of the Planning Commission. Commissioner Kretzmer seconded the CHAIRMAN nomination. Commissioner Kretzmer moved, seconded by Commissioner Schiltz, to MOTION elect Commissioner Carlson as the Planning Commission Vice - Chairman. There being no objection, this motion unanimously carried. None. Chairman Funk presented the Consent Calendar. None. Vice - Chairman Carlson moved, seconded by Commissioner Schiltz, to approve the October 14, 2004, Minutes as submitted. Passed 3 -0, Commissioner Kretzmer abstained. Two pieces of late correspondence were submitted to the Planning Commission (of record): November 14, 2004, letter from Barbara Briney and the November 11; 2004, letter from Brett Bowyer. Planning Manager Christensen advised that another piece of late correspondence had just been received and that staff will be providing a copy of that correspondence to the Commission. PUBLIC COMMUNICATIONS CONSENT CALENDAR CALL ITEMS FROM CONSENT CALENDAR MOTION WRITTEN COMMUNICATIONS El Segundo Planning Commission Minutes, November 15, 2004 , Chairman Funk presented Item 1 -2, Environmental Assessment No. 631, Development Agreement No. 03 -1, General Plan Amendment No. 03 -4 & 03 -5, Zone Change No. 03 -2 & 03 -3, Zone Text Amendment No. 04 -1 & 04 -2, and Subdivision No. 03 -7 (Vesting Tentative Tract No. 061630) Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Project. Address: 850 South Sepulveda Boulevard, 2021 Rosecrans Avenue (generally northeast corner of Sepulveda Boulevard /Rosecrans Avenue. Applicant: Mar Ventures, Inc., and the City of El Segundo. Planning Manager Christensen provided a brief overview of this matter; explained that because a number of items have been raised regarding final negotiations on the Development Agreement, staff is recommending this item be continued to another hearing, to be determined upon polling the Commission's availability. She questioned if the Commission would be able to meet on December 16th. She added that the Commission may wish to consider public testimony this evening regarding this matter; and mentioned that copies of staff report and the agenda are located in the lobby for use by the public. City Attorney Hensley noted his recommendation for the Commission to request that the audience members hold their comments until the December 16th meeting, but stated if they are unable to be present at the continued meeting, they should be allowed to provide comments this evening. He stated that a full staff report will be provided at that meeting; that the applicant will make their own presentation; and that additional information will be included in the staff report regarding the potential revisions to the Development Agreement and the project entitlements. Commissioner Kretzmer advised that he would not be available to meet on December 16th The Commission selected December 15th as the meeting date wherein this matter would be continued. Chairman Funk opened the public hearing. Brian Crowley, 510 California Street Mr. Crowley asked that the Development Agreement include the requirement that a certain percentage of El Segundo residents be provided jobs at this project site, noting that that would help to reduce traffic; asked that the applicant beautify the site with landscaping and that monument signs be on the corner of Sepulveda Boulevard and PUBLIC HEARINGS, NEW BUSINESS, EA NO. 631, DA NO. 03- 1, GPA NO. 03-4 and 03 -5, ZC NO. 03 -2 & 03 -3, ZTA NO. 04 -1 & 04 -2, and SD NO. 03 -7 (VTTM NO. 061630) Redesignation and rezoning of 85.8 acres of land from Industrial to Commercial Use and development of a 425,000- square- foot shopping center 2 El Segundo Planning Commission Minutes, November 15, 2004 40 Rosecrans Avenue because the site is an important gateway to the City of El Segundo; he questioned why this project requires a new zoning designation of C -4, not C -3; and he urged the City to take into consideration when making its decision the long -term impacts their decisions will have upon this City. Mr. Crowley noted his opposition to including in this agreement any donations that do not relate to the project, such as the offer to provide funding for aquatic facilities; and he expressed his belief that the proposed traffic mitigation of $250,000 is a very small amount of money for the traffic impact to the area streets. Martin McCarthy, representing the El Segundo Chamber of Commerce Mr. McCarthy noted that the board of the El Segundo Chamber of Commerce gave unanimous approval of this project; stated that the Chamber is pleased with the owners of Plaza El Segundo agreeing to support the local schools as well as finance some improvements to the City's aquatic programs, and donating $250,000 over two years to the marketing and promotion of Downtown El Segundo. He urged support of this request. Edna Freeman, 418 Loma Vista Street Ms. Freeman urged Plaza El Segundo to provide an assisted living facility for seniors, noting that the waiting lists are long for these type of facilities. There being no objection, Chairman Funk continued this hearing to December 15, 2004. PUBLICHEARINGS, Chairman Funk presented Item J -3, Environmental Assessment No. CONTINUED 636, Subdivision No. 04 -02 (VTM No. 60995) and Variance No. 04 -01. BUSINESS, EA Address: 910 East Grand Avenue. Applicant and Property Owners: NO. 636, SUBD NO. Albert and Madeleine Marco. 04 -02 (VTM NO. 60995) and VAR Having not been present at the last meeting, Commissioner Kretzmer NO. 04 -01 advised that he had reviewed the videotape discussion of this matter A request for and noted that he reviewed all related written materials. conversion of an existing 35 -unit Commissioner Kretzmer moved, seconded by Vice - Chairman Carlson, apartment complex to reopen the public hearing in regard to this matter. Motion carried 4 -0. to condominium use. Albert Marco, applicant Mr. Marco stated that after evaluating Chairman Funk's concerns with parking, he has decided to place in the CC &R's that no garage doors will be permitted within the parking area; and he offered to combine four 3 El Segundo Planning Commission Minutes, November 15, 2004 41 units into two units in order to provide the appropriate number of parking spaces. Planning Manager Christensen stated that if the Commission desires, conditions could be added to the resolution to reflect these changes, but indicated that it would require building permits for any changes that require additional construction to merge four of the units into two units. She stated that this could either be reviewed administratively by staff or brought back to the Commission for review of the revised plans. She clarified that in order to reduce the parking requirements, four units would have to be merged into two units; and that with the reduction of two units, the total number of units would go from 35 down to 33 dwelling units. She advised that the applicant would not need a variance for the number of parking spaces with this reduction in units, but that the applicant would still need a variance for the encroachment into the front setback of the two on -grade guest parking stalls facing onto Maryland. She explained that if the applicant merges four one - bedroom units, 11 units would still not meet the minimum size threshold. Chairman Funk thanked Mr. Marco for coming forward with these compromises; and stated that she was mostly concerned with the request for a parking variance. Director of Planning & Building Safety Jurjis stated that staff would recommend if the Commission votes to amend the resolution, that the resolution be returned to the next meeting for final approval. There being no further input, Chairman Funk closed the public hearing. Commissioner Kretzmer stated that he is grateful for the applicant's willingness to compromise, but explained that he does not see how the increase in two parking spaces with this project will cure or address the parking issues that were raised by a number of people who spoke at the previous hearing. He pointed out that the applicant is within his rights to convert these units; explained that in this particular circumstance, if this parking variance is granted, he does not believe it would be setting a precedent for future projects. He pointed out that these different zones bump up against each other; and that a good portion of the day Grand Avenue is not usable because of the street parking in this area. He stated that after thoroughly studying this project, he would support this project as it was presented at the previous meeting, reiterating that this is a proper use of the land; and noted that it creates units that are probably more affordable than any other units in the City. He reiterated that he appreciates the compromise that was made if that's what Mr. Marco really wants to do. He expressed his belief that this compromise will not really help the City alleviate any parking problem and reiterated that approval of this project will not set any kind of precedent that puts 4 El Segundo Planning Commission Minutes, November 15, 2004 42 the Commission in a compromise position with regard to future projects. He stated that the City's resources would be better spent in coming up with other solutions to the traffic problems in this area. Chairman Funk noted her strong support for Mr. Marco's willingness not to place doors on the parking stalls. Commissioner Kretzmer stated that he agrees with not placing any doors on the garage areas. Chairman Funk expressed her support for combining the smaller units, thus deleting the need for a parking variance; and stated that she does not want it on record that this body was the one that granted the parking variance. She reiterated her appreciation of the applicant's offer to compromise. Highlighting the industrial neighbor's concerns with the close proximity of housing, she suggested that there be some type of disclosure requirement upon the sale of these units, believing that this will alleviate Wyle Laboratories' concern. She suggested possibly placing this information in the CC &R's. Speaking from a legal perspective, Vice - Chairman Carlson expressed his belief that any actionable nuisance situation on a nearby industrial property can't be resolved by the CC &R's. Chairman Funk expressed her belief that acknowledgement of the adjacent industrial area should be disclosed upon purchase of these units. Commissioner Kretzmer expressed his belief that disclosure is already required for brokers and realtors upon the sale of real property. He expressed some concern that placing this disclosure in the CC &R's may have a negative impact upon on the sale of a unit. He agreed that Wyle Laboratories does have a legitimate problem with parking, but expressed his belief that it may not be coming from this apartment complex. He encouraged the City to respond to Wyle's parking problem. Vice - Chairman Carlson explained that he was prepared to approve this request as presented at the last meeting; noted his concern with not approving projects that are permitted and fall within the guidelines; pointed out that this project creates a 13 -space parking improvement; and expressed his pleasure that this project will be providing more affordable housing than what is currently available in this City. He noted his preference that this body vote on the original proposal. Chairman Funk stated that it is within the purview of this body to come 5 El Segundo Planning Commission Minutes, November 15, 2004 L� j up with conditions for the betterment of the City; and stated that as long as the applicant is willing to improve the parking situation which does not require a variance, she would be in support of that compromise. Vice - Chairman Carlson moved, seconded by Commissioner Kretzmer, MOTION to approve Resolution No. 2576 as originally presented, with the amendment that there will be no enclosed parking in the parking area. Motion carried 3 -1, with Chairman Funk in opposition. Director Jurjis thanked the Commission for the warm reception this REPORT FROM evening, noting that he is looking forward to serving the Planning DIRECTOR Commission. On behalf of the Commission, Chairman Funk congratulated Director Jurjis on his new position. Planning Manager Christensen stated that the next regularly scheduled meeting will be December 9, 2004; and stated that the special meeting for the Plaza El Segundo matter will take place on December 151n None. PUBLIC COMMUNICATIONS Commissioner Schiltz advised that because his escrow will not be PLANNING closing until the end of February, he will be available until a replacement COMMISSIONERS' is found up to that time. COMMENTS Commissioner Kretzmer welcomed Director Jurjis; and noted his apology for not being present at the last meeting, explaining that his computer crashed at a very critical moment and that there was no way to leave or get in touch with staff. He wished everyone a happy Thanksgiving. There being no further discussion, the meeting was adjourned at 8:00 ADJOURNMENT p.m. to December 9, 2004. 6 El Segundo Planning Commission Minutes, November 15, 2004 44 PASSED AND APPROVED ON THIS 9TH DAY OF DECEMBER, 2004. 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I I F I[on � w - _I W J W 11111 ill - -Il I[ o - m I L�11111111� F 51 J =� - - -- -� _IL ICI a a ��ir■ I W W - -- '- m IIIIIIN W U iL■ IL■ I , ,� - J =� J JZ EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action regarding the introduction and reading of an Ordinance amending Section 6- 4 -6(A) of the El Segundo Municipal Code (ESMC) to establish additional license fees required for kennels housing more than ten (10) dogs. RECOMMENDED COUNCIL ACTION: 1) Discussion; 2) Introduction and first reading of Ordinance by title only; 3) Schedule second reading and adoption of Ordinance for January 18, 2005; and /or, 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In February 2001, Ordinance 1330 was adopted with regard to animal regulation. The Ordinance did not restrict the number of animals allowed in kennels and required additional license fees for kennels that are in excess of ten (10) dogs. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: Ordinance No. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: NO ORIGINATED BY: DATE: December 14, 2004 Seimone Jurjis, ' ector of Planning and Building Safety / Acting City Engineer REVIEWED BY: DATE: Ma `7�y , g 5J 2 BACKGROUND & DISCUSSION (cont): Subsequently, in October 2001 Ordinance No. 1340 was adopted that modified the earlier Ordinance (No. 1330). When the Ordinance was adopted, it inadvertently omitted the following sentence: "An additional license fee shall be paid for ten (10) dogs, or fraction thereof, in excess of the first ten dogs." Omitting this sentence from the ESMC prevents kennels housing more than ten (10) dogs from legally operating. Staff recommends that the City Council consider adopting the proposed Ordinance that amends ESMC 6- 4 -6(A) to allow kennels seeking to house more than ten (10) dogs to pay an additional license fee for obtaining such permission. A proposed resolution establishing such fees would be placed on the City Council's agenda at second reading of the ordinance. 5 e ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE § 6- 4 -6(A) REGARDING FEES FOR KENNELS HOUSING MORE THAN TEN DOGS. The Council of the City of El Segundo does ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 6- 4 -6(A) is amended to read as follows: "A. Any person conducting, managing or maintaining a kennel will must pay the city an annual fee for the privilege of conducting or maintaining the-a dog kennel. The amount of the annual fee will be set by city council resoluti I '.� c kennel v;hieh " and entitles the kennel operator to maintain ten (10) or fewer dogs. An additional fee, set by city council resolution must be paid by persons managine or maintaining kennels housing more than ten (10) dogs." SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 3: Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing municipal code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor. This ordinance is an action that does not have the potential to cause significant effects on the environment. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will take effect on the 31st day following its final passage and Pagel of 1 J adoption. PASSED AND ADOPTED this day of 2004. ATTEST: Cindy Mortesen City Clerk APPR( Mark L R Page 2 of 2 Kelly McDowell, Mayor 58 TO THE EL SEGUNDO CITY COUNCIL MEETING: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions & Boards AGENDA DESCRIPTION: Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2005. RECOMMENDED COUNCIL ACTION: (1) Direct Staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2005; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Pursuant to Government Code §54972, attached is the Local Appointments List of the positions on CCBs that will expire in the year 2005, as well as background information on all CCBs. This information is posted at the beginning of each year at City Hall and the El Segundo Public Library, on Community Cable and advertised in the El Segundo Herald. This information is also made available to the public at the El Segundo Chamber of Commerce office, the Joslyn Center and Clubhouse. Application forms, the anticipated vacancies in the year 2005 and the background information list will be posted as of January 1, 2005, on the City's website at www.elsegundo.org. To apply to any CCB, potential candidates should contact City Hall at #524 -2302, for an application. The deadline for filing applications is 48 hours prior to the posted interview date. Interviews of candidates are set by the City Council when a sufficient number of candidates have applied to a position. Applications can be picked up from the Administrative Offices at City Hall, the Library, the Chamber of Commerce, Joslyn Center, George E. Gordon Clubhouse, the City's website or, upon request, will be mailed to interested persons. ATTACHED SUPPORTING DOCUMENTS: CCB Background Information, and Listing of the year 2004 vacancies on Committees, Commissions and Board. FISCAL IMPACT: N/A ORIGINATOR: Julia O. Abreu, Executive Assistant Date: December 08, 2004 REVIEWED BY: Mary Strenn, Date: December 7, 59 W CITY OF EL SEGUNDO LOCAL APPOINTMENTS LIST (COMMISSIONS, COMMITTEES, AND BOARDS) Positions to Open in Year 2005 Posted pursuant to Govt Code § 54972 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #310/524 -2302 MAY RECREATION & PARKS COMMISSION: (4 Yr Term - No Term Limit - All Residents) Debbie Bundy (reapptd 511101 to 3rd 4 -yr term) 05/30/05 Richard W. Fearn (apptd 614102 to unexpired term) 05/30/05 JUNE LIBRARY BOARD OF TRUSTEES: (3Yr Term - Max. 2 Term Limit - All Residents) Georgina Albi (apptd 6119102 to 1s` 3 -yr term) 06/30/05 Dorothy Duukakis (apptd 6119102 to 1s' 3 -yr term) 06/30/05 06/30/04 PLANNING COMMISSION: (4 Yr Term - No Term Limitation) (All Residents) Grant Carlson (apptd 611104 to unexpired term) 06/30/05 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term - No Term Limit - All Residents) Edna Freeman (apptd 7117101 to 4th 4 -yr term) 06/30/05 Carol Lynn Wingate ( apptd 7117101 to 15` 4 -yr term) 06/30/05 06/30/04 AUGUST INVESTMENT ADVISORY COMMITTEE (4 Yr Term - No Term Limitation) (Residents & Business) Bill Bus (apptd 7117101 to full4 -yr term) 08/30/05 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term - No Term Limit - All Residents) Nick Gerenday (apptd 711101 to full term) 10/31/05 Joseph Pinchuk (apptd 711101 to 2' term) 10/31/05 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term - No Term Limit - 2 Business /3 Residents) A.J. Paz ( apptd. 7117101 to 3d full term) 11/30/05 The ECONOMIC DEVELOPMENT ADVISORY COUNCIL does not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply: POSTED: December 22, 2004 G a.m. By: 60 BACKGROUND INFORMATION ON CITY COMMITTEES /COMMISSIONS /BOARDS 1. Capital Improvement Project Advisory Committee: (Public Works) is a 5- member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps). Members serve without compensation, for 4- year terms, without term limits. The Director of Administrative Services and the Director of Public Works provide staff support to the committee. The committee assists in the development of the 5 -year Capital Improvement Program ( "CIP "). Each year staff proposes CIP projects for a 5 -year period. The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process. In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public. The committee generally meets at 7:00 p.m., on a weekly basis during the months of February, March, April and May, with the goal of finalizing its recommendations to the City Council in June. 2. Community Cable Advisory Committee: (Recreation & Parks) was restructured in July 1994. It is a 5- member committee, composed of residents, who serve without compensation, for 4 -year terms, without term limits. The committee acts in an advisory capacity to the Community Cable Manager and the City Council regarding the policies and procedures surrounding governmental, educational, local origination, and community programming for channels 3 and 22 in the City of El Segundo. The Committee meets on the 2nd Wednesday of every month, at 7:00 p.m., in the Cable Studio at El Segundo High School. Effective June, 2004, this Committee will meet on the 3`d Wednesday of every month at 7:00 p.m., in the Library's Matsui International Meeting Room. 3. Economic Development Advisory Council: (Community, Economic and Development Services) is a spin -off of the City/Chamber of Commerce Business Retention & Attraction Task Force, originally established in 1990/91. The Committee was restructured in June 1994 by the City Council to implement the City's Economic Development Strategic Plan. It is a 9- member committee, whose members represent a cross - section of the community, and includes both residents and non - residents. The committee positions have no term expiration, and members serve without compensation. The committee's primary responsibility is to provide support and direction to staff, and to advise the City Council on business retention and attraction and implementation of the City's Economic Development Program. The committee meets on an "as needed" basis at City Hall. 4. Investment Advisory Committee: (Treasurer /Finance) was established by Resolution #3764 dated June 2, 1992, for the purpose of advising the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds. This is a 4- member committee; two are automatic appointments — (City Treasurer and Director of Administrative Services); the other two members (one of whom must be a resident of El Segundo) serve without compensation, for 4 -year terms, without term limits. The committee meets quarterly at City Hall on the 3rd Tuesday in March, June, September and December. 61 5. Library Board of Trustees: (Library) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 18910 et seq. The Board's 5- members must be 1 -year, or more, residents of El Segundo, who serve without compensation. Trustees serve for 3 -year terms and may not serve for more than 2 consecutive terms. The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups in the advancement of sound planning and programming. The board considers, reviews, edits, and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs. The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian. The board meets at 7:00 p.m., on the 2nd Tuesday of every other month, beginning in January, in the Library's Matsui International Meeting Room. 6. Planning Commission: (Community, Economic and Development Services) was established pursuant to the Planning Laws of the State of California (Sec. 65100- 65106) on August 20, 1946 by City Ordinance #300. The commission is comprised of 5- members who serve with minimal compensation, for 4 -year terms, without term limits. The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan; performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law; and, advises the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. The Commission meets on the 2ntl and 0 Thursday of each month, at 7:00 p.m., in City Hall Council Chambers. 7. Recreation & Parks Commission: (Recreation & Parks) was established on March 23, 1938 by Resolution #448. It is comprised of 5- members, who must be residents of El Segundo. Commissioners serve with minimal compensation for 4 -year terms, without term limits. The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees. It makes recommendations to the City Council regarding level of services, policies and assists in implementing Recreation and Parks Department improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and in the acquisition and disposal of park property. The commission meets on the 3 I Wednesday of each month, at 7:00 p.m., in City Hall Council Chambers. 8. Senior Citizen Housing Corporation Board: (Recreation & Parks) is a non - profit corporation formed in 1984 for the construction of the low- income housing facility for seniors, referred to as "Park Vista." The Board was established in 1986 to actively oversee the management, operation, maintenance, and finances of Park Vista. The Board enters into an operating agreement with the City Council, and enlists a management company to operate the facility. The Board, comprised of 7 directors, all El Segundo residents (per bylaws), serve without compensation, for 4 -year terms, without term limits. The Board meets on the 4th Wednesday of every month, at 7:00 p.m., at Park Vista, 615 E. Holly Avenue, El Segundo. Refer to Park Vista Executive Summary, rev. April 2001. Rev. 1620-04. NOTE: LAX Master Plan Advisory Commission: (Administration) was established on May 18, 1999 by Resolution #4114, for the express purpose of assisting the City Council In reviewing the LAX Master Plan and opposing the expansion of LAX. The commission was disbanded during the 2004 -2005 Budget process. 62 0 z OOLL zm �m W J wa m0 W 0 )OZ F � Um 3 W W s N C W 0 f W U W O 0 m O fD m h i0 N 1� r N W m � Cl O m N yb m d - --- /1 M y SIC s N h Y g $v° m p � w m I O q w LLm�F -O -U U O WOW� F� HO N U zz w f z J a of w 0 m Y U W_ U U O W Q d 2 -- a m c > E =5 �, rJgi a��EUy m = vXy E E `@ rj g10iEa S' m w od g' o °n r �e 0 U x a O i e m 9 S< 4 O m O w m LL W U K LL Q m S O 6 J V 2 6' f w m L LL y 0 i m w f z L LL z O 02 0 z z <oonoix " 90 iOO¢Wx��w3im R � HaLLLLa W2WWUmodo�¢Om U h j m m 2 W�5 a zLLtiPr zWw n�UJ y g i UeO U J r i a�- O M y SIC s N h Y g $v° m p � w m I O q w LLm�F -O -U U O WOW� F� HO N U zz w f z J a of w 0 m Y U W_ U U O W Q d 2 -- a m c > E =5 �, rJgi a��EUy m = vXy E E `@ rj g10iEa S' m w od g' o °n r �e 0 U x a O i e m 9 S< 4 O m O w m LL W U K LL Q m S O 6 J V 2 6' f 6 J V 2 6' f REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (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. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, • and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 City of El Segundo v. Stardust West Apartments, LASC No. YC031364 Bryan Ezell v. City of El Segundo, WCAB Case No. MON0302193 El Segundo v. Summerfield, LASC No. BC319035 El Segundo v. 2221 Park Place, LASC No. BC319034 El Segundo v. CTF2 (Hawaii St.), LASC No. BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 1 6 ;� CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 2 66 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7, 2004 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Roger Kinsey of Pacific Baptist Church PLEDGE OF ALLEGIANCE — El Segundo Boy Scout Troop 773 (Flag Ceremony) PRESENTATIONS — (a) Mayor Pro Tern Gaines presented a Proclamation to El Segundo Boy Scout Troop 773, celebrating December 7, 2004 as Boy Scout Troop 773 50 Anniversary Day in El Segundo. (b) Mayor Pro Tern Gaines presented a Proclamation inviting the community to all the traditional El Segundo holiday events and proclaiming Sunday, December 12, 2004 as the 415` Annual El Segundo Holiday Parade. (c) Council Member Boulgarides presented a Proclamation to Michael Barendse, Marymount College, recognizing the contribution of the Volunteer Center, South Bay- Harbor -Long Beach and proclaiming December 9, 2004 as Volunteer Center Operation Teddy Bear Day in El Segundo, a program which promotes literacy. (d) Council Member Jacobson presented a Proclamation to the Brunnenkants Family, on behalf of Candy Cane Lane, in keeping with an annual holiday tradition in El Segundo, to symbolically change the name of the 1200 block of Acacia to Candy Cane Lane in order to create a snow - covered Holiday Village for the period of December 11, 2004 at 7:00 pm through December 23, 2004. (e) Mayor McDowell presented a Commendation presented to Joe Pinchuk, El Segundo Police Department's RSVP of the Year for his invaluable contributions to the Retired Senior Volunteer Program. (f) Council Member Busch presented Commendations to Committee, Commissions and Board Members, Patricia Ann Hart for her service on the El Segundo Community Cable Advisory Committee, and to Brian Schiltz, for his service on the Capital Improvement Program Advisory Committee (CIPAC) and Planning Commission. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 3 6'1 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. Gail Church, Tree Musketeers, spoke regarding Item 17, an agreement with Los Angeles Street Tree Division of landscaping maintenance and improvements on the City's borders. (a) Consideration and possible action regarding a brief presentation on the Los Angeles Air Force Base Economic Impact Assessment report recently released by the Los Angeles County Economic Development Corporation. Gregory Freeman, Los Angeles County Economic Development Corporation, presented a brief presentation. Council consensus to receive and file the report and presentation. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding rent increases for the Park Vista Senior Housing Facility, located at 615 E. Holly Avenue and refinancing of the loan repayment agreement between the City of El Segundo and the El Segundo Senior Citizen Housing Corporation ( "Corporation "). (Fiscal Impact: approximately $27,000 annually for the next four years to be funded by a loan from the Equipment Replacement Fund to the General Fund) Mary Strenn, City Manager, gave a report. Carol Wingate, Paula Rotolo and Peter Freedman, Park Vista Board, spoke in favor of the proposed increases. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 ( PAGE NO. 4 VO Council consensus to add the following provisions: Council at any given year could use general fund money instead of equipment replacement funds, Council or Board to determine each year if increases are necessary, and eliminate the floor on increase and tie to Social Security Increase minus .25% Medicare offset. MOVED by Council Member Jacobson, SECONDED by Council Member Busch, to authorize the City Manager to execute Amendment No. B to loan Agreement No. 1937 between the City of El Segundo and Corporation to reduce the interest rate from 8% to 4.75% and extend the remaining term to a total of 3.75 years; Authorize an increase in the rents, as determined necessary by Council or Board, for current Park Vista tenants by 5% commencing on February 1, 2005, 5% commencing on January 1, 2006, 5% commencing on January 1, 2007, 4.25% commencing January 1, 2008 and annually thereafter based upon an index tied to Social Security increases, allowing for the offset of Medicare increases of .25 %; Authorize Council in any given year to use General Fund Money or City Equipment replacement funds to offset the reduction in debt service payments from Park Vista Senior Housing Corporation and stabilizing the rent increases over the next four years; Authorize repayment of Equipment Replacement fund once the first loan between the City and the Senior Housing Corporation is paid off; Authorize the property management company to eliminate the earthquake insurance policy for the Park Vista Senior Housing Facility; Authorize charging new Park Vista tenants on or after February 1, 2005, 45% of the fair market rental value, based on a market analysis conducted by the management company. The management company will conduct a survey and analysis annually to set new tenants rates. Thereafter those tenants will have their rents adjusted 5% in 2006, 2007 and 4.25% in 2008. Starting in 2009, rents will be adjusted pursuant to item no. 1 above, according to the Social Security index, less a .25% offset for future Medicare cost increases and to include the above mentioned provisions. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Jacobson left the dais due to a potential conflict in real property. Consideration and possible action regarding an agreement between the University of California -Irvine (UCI) Urban and Regional Planning Program and the City to conduct a study of the Smoky Hollow Specific Plan area. (Fiscal Impact: None) Mary Strenn, City Manager, gave a report. Michael Ruane, University of California at Irvine, presented a brief report MOVED by Mayor McDowell, SECONDED by Council Member Boulgarides to execute Agreement No. 3420, approved as approved to form by the City Attorney, with the University of California- Irvine (UCI) Urban and Regional Planning Program and the City to conduct a study of the Smoky Hollow Specific Plan area. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. Council Member Jacobson returned to the dais. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 5 6J E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2544331 to 2544716 on Register No. 4 in the total amount of $1,481,234.76 and Wire Transfers from 11/05/2004 through 11/24/2004 in the total amount of $1,135,406.87. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved City Council Special Meeting Minutes of November 11, 2004, Special Meeting Minutes of November 16, 2004 and Regular Meeting Minutes of November 16, 2004. 5. Approved Resolution No. 4407 allowing a pre -tax employee payroll deduction plan for service credit purchases, such as additional retirement service credit, military service, and Peace Corps /AmeriCorps under Revenue Code (IRC) Section 414(h)(2). 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON Waived fees for City services associated with the Candy Cane Lane Holiday Program located on 1200 E. Acacia Street. (Fiscal Impact: $500) 10. Awarded a three year contract to TruGreen LandCare for the City's landscape maintenance services effective January 1, 2005. (Fiscal Impact: $158,340). Authorized the City Manager to execute Agreement No. 3421 for services subject to approval by the City Attorney. 11. Awarded three year Contract No. 3422 to Consolidated Disposal Service for the City's green waste hauling and recycling services. (Fiscal Impact: $15,500) Authorized the City Manager to execute the contract on behalf of the City. 12. Terminated Advanced Fuel Filtration Systems, Inc.'s Contract No. 3325 to perform emergency repairs for the City's underground fuel storage system at 150 Illinois Street and award a takeover Contract No. 3423 to Advanced Environmental Services, Inc. (Fiscal impact: $9,645.00) Authorized the City Manager to sign the takeover contract on behalf of the City. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve Consent Agenda Numbers 3, 4, 5, 9, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 6 70 6. Consideration and possible action Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the formal bidding process on the purchase of radio equipment for the El Segundo Police Department. The total cost is approximately $35,086.00 using monies awarded through the State Homeland Security Grant Program (SHSGP) under the SHSGP FY 2004 Federal Budget Year. Authorize the spending of up to $35,086. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to waive the formal bidding process on the purchase of radio equipment for the El Segundo Police Department. The total cost is approximately $35,086.00 using monies awarded through the State Homeland Security Grant Program (SHSGP) under the SHSGP FY 2004 Federal Budget Year. Authorize the spending of up to $35,086. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 7. Consideration and possible action to approve the Easement Agreement No. 3424 between the Los Angeles County Metropolitan Transportation Authority (MTA) and the City of El Segundo for construction of the Douglas Street Project within MTA property — Approved Capital Improvement Project. (No Fiscal Impact). Authorize the City Manager to execute the agreement on behalf of the City. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines, to approve the Easement Agreement No. 3424 between the Los Angeles County Metropolitan Transportation Authority (MTA) and the City of El Segundo for construction of the Douglas Street Project within MTA property — Approve Capital Improvement Project. (No Fiscal Impact). Authorize the City Manager to execute the agreement on behalf of the City. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8. Consideration and possible action to approve a Covenant Restricting Use of Property for equipment purposes with respect to the expansion of floor area at a building at 2260 East El Segundo Boulevard as previously permitted by the Planning Commission. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides, to approve Covenant No. 3425 Restricting Use of Property for equipment purposes with respect to the expansion of floor area at a building at 2260 East El Segundo Boulevard as previously permitted by the Planning Commission. Authorize the City Manager to execute. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 13. Consideration and possible action regarding adding additional signage on Franklin Avenue indicating that the cross traffic on Richmond Street does not stop at the intersection. Seimone Jurjis, Director of Planning and Building Safety, gave a report MOVED by Council Member Boulgarides, SECONDED Mayor Pro Tern Gaines to add a four -way sign at the intersection of Franklin and Richmond Street, to include northbound and southbound traffic and authorize staff to return with an amending Resolution. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 7 '71 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — Announced Council voted unanimously 5/0 in closed session to approve Settlement Agreement No. 3426 between the City of El Segundo and Richmond Retail, LLC. REPORTS — CITY CLERK 14. Consideration and possible action requesting Council consensus to cancel the January 4, 2005 City Council Meeting. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to cancel the January 4, 2005 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/C REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 15. Consideration and possible action to request staff to study the feasibility of changing the current street sweeping program to accommodate an "alternating side" street sweeping schedule on all streets citywide where street sweeping parking restrictions are posted. Council consensus to direct staff to evaluate the feasibility of changing the current street sweeping schedule to reflect an "alternating side' sweeping schedule. Council Member Busch — 16. Consideration and possible action regarding announcement of an agreement between the Tree Musketeers and the Los Angeles Street Tree Division for the landscaping maintenance and improvements on the City's borders. Council consensus to receive and file report. Council Member Jacobson — Reminded Community of the upcoming Holiday Parade, December 12, 2004. Mayor Pro Tern Gaines — Spoke regarding the Assembly swearing in ceremony for former Mayor Mike Gordon. Also spoke regarding the upcoming PUC approval of the El Segundo Power Plant application. Reported on the Urban Area Security Initiatives grant award announcements and requested staff investigate moving El Segundo up on the UAI list. 17. Consideration and possible action regarding a new appointment to the Golf Course Subcommittee. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 8 7y' MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to appoint John Van Hook to the Golf Subcommittee replacing Bill Bue to represent the El Segundo's Men's Golf Club. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell — 18. Consideration and possible action regarding the Approval of Amended Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes with the Independent Cities Risk Management Authority ( ICRMA). (Fiscal Impact: None) MOVED by Mayor McDowell, SECONDED by Mayor Pro Tern Gaines, to adopt Resolution No. 4408 amending the Joint Exercise of Powers Agreement 2697 for Insurance and Risk Management with the ICRMA; Designate its representatives to the ICRMA Governing Board and the separate Risk Management Programs in which this City participates; Direct that a certified copy of the Resolution be forwarded to ICRMA's General Manager. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor McDowell reported on the recent decision of the Los Angeles City Council to approve the LAX Master Plan and noted that the County Supervisors voted against the Master Plan. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Conrad Liberty, resident, representing the Master Swim Program, requested Council reassess eliminating evening and Saturday Master Swim sessions. Dave Joanti, resident, spoke against eliminating the evening and Saturday Master Swim sessions. Ann Marie D'Agostino Aquatics Task Force, spoke requesting better communications between the Recreation and Parks Commission and the Aquatics Task Force. MEMORIALS — NONE CLOSED SESSION - NONE ADJOURNMENT at 8:40 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 07, 2004 PAGE NO. 9 '( J EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of a professional services agreement between Moreland & Associates, Inc. and the City of El Segundo to provide temporary professional accounting services due to the elimination of the Assistant Finance Director position in the Accounting Division of the Administrative Services Department. (Fiscal Impact $30,000) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to execute a standard professional services agreement on behalf of the City for temporary professional accounting services with Moreland & Associates, Inc. for $30,000; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Due to the elimination of the Assistant Finance Director position, temporary professional accounting services are required until the FY 2003 -2004 audit and CAFR are completed in the Accounting Division of the Administrative Services Department. ATTACHED SUPPORTING DOCUMENTS: Scope and Cost of Services FISCAL IMPACT: Operating Budget: $38,800 Amount Requested: 30,000 Account Number: 001 -400- 2502.6214 Project Phase: Appropriation Required: _ Yes x No ORIGINATED BY: DATE: Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: Mary S City Manager /' nn, 191 74 SCOPE OF SERVICES Moreland & Associates, Inc. will provide temporary accounting assistance to the City of El Segundo until the FY 2003 -2004 audit and CAFR are completed. From December 20, 2004 through January 7, 2005, services will be provided by Quyen Pham, Accountant. From January 10, 2005 until audit and CAFR are completed, services will be provided by Pearl Lieu, Senior Accountant. Any replacement of personnel is subject to approval by the City of El Segundo. It is understood that the management of the City of El Segundo is responsible for the substantive outcome of the work and, therefore, has a responsibility to be in a position in fact and appearance to make an informed judgment on the results of these services. Ms. Pham and Ms. Lieu will at all times be independent contractors who are covered by Moreland & Associates, Inc.'s Workers' Compensation insurance. At any time during the performance of these services, the City will be able to terminate these services for any reason. A two week notice before the services are terminated or a significant change is made in the level of services is customary. The City may extend these services by our mutual agreement. COST OF SERVICES Quyen Pham, Accountant -- $58 per hour Pearl Lieu, Senior Accountant -- $63 per hour Moreland & Associates, Inc. will bill for services on approximately the first day of the month for the services provided the prior month. 175 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding rejection of all bids received for construction related to the Residential Sound Insulation Program's Group 5 (31 residential dwellings). RECOMMENDED COUNCIL ACTION: 1) Reject all bids received for construction related to the Residential Sound Insulation Program's Group 5; 2) Authorize staff to re- advertise a Notice Inviting Sealed Bids for construction services; 3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 9, 2004 the City Clerk's office opened sealed bids for the City's Residential Sound Insulation Program Group 5 (RSI 04 -11). Two (2) bids were received and Bids were reviewed by City staff. Upon review of the lowest apparent bid, it was determined that the bidder failed to submit a price for all "Owner Upgrades" identified in the Contract Documents. The Bidding Instructions clearly state that such a failure will result in the Bid being considered "non- responsive." Additionally, two significant material irregularities were immediately identified. The first was that a bid amount was submitted for RSI Improvements for a dwelling that had been eliminated in an addendum, and secondly, the Bid amount for another dwelling was almost three times the engineering estimate. A review of the second Bid determined that the second bidder also failed to properly identify pricing for "Owner Upgrades" identified in the Contract Documents and pricing was significantly higher than engineering estimates. Although rejecting all Bids and advertising a new Notice Inviting Sealed Bids delays construction of RSI Improvements for these thirty -one residential dwellings, staff recommends that such action is in the best overall interest of the residents effected. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Bid Group: O � k S. O'Neill, Progr ED BYk $2,500,000.00 $0 116 - 400 - 0000 -8960 Yes X No Coordinator DATE: 7 '7 6 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding amending Section 5.40 of Resolution No. 4162 providing for two (2) additional stop signs to create a four -way stop intersection at Franklin Avenue and Richmond Street. RECOMMENDED COUNCIL ACTION: 1) Adopt resolution; and /or, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 7, 2004, staff presented to City Council a sign request, at a two -way stop intersection, to help alleviate confusion that vehicles traveling on Richmond Street do not stop where Franklin Avenue intersects. City Council requested that instead of adding additional signage that two (2) new stop signs be installed on the north and south bound directions of Richmond Street creating a four -way stop. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution. 2. Location map. FISCAL IMPACT: Operating Budget: $ 6,000.00 Amount Requested: $ 355.14 Account Number: 001. 400 -4205 -5204 Project Phase: Appropriation Required: No ORIGINATED BY: / DATE: December 13, 2004 Seimone Ju ' s, hector of Planning and Building Safety / Acting City Engineer REVIEWED BY: DATE: _ //i Mary Str ,City Manager 7'�y '7'7 $ 12 -0"4 Stop Signs Added to Richmond Street and Franklin Avenue RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 4162 REGARDING STOP SIGN LOCATIONS ON RICHMOND STREET. The City Council of the city of El Segundo does resolve as follows: SECTION 1: Pursuant to Vehicle Code § 21351 and El Segundo Municipal Code ( "ESMC ") §§ 8 -5D -1 and 8 -5D -2, the City Council amends Section 5.40 of Resolution No. 4162 to read as follows: "5.40 FRANKLIN AVENUE: Arena St., N/S entrances. California St., N entrance. Center St., E/W entrances. Concord St., E/W entrances. Eucalyptus Dr., N/S entrances. Illinois St., W entrance. Kansas St., E/W entrances. Loma Vista St., N/S entrances. Lomita St., all entrances. Main St., E/W entrances. Maryland St., all entrances. Nevada St., N/S entrances. Oregon St., all entrances. Penn St., N/S entrances. Richmond Street, all entrances. Rieli..ond c, E,13A7 , Sheldon St., E/W entrances. Sierra St., N/S entrances. Standard St., all entrances. Virginia St., N/S entrances. Whiting St., N/S entrances." SECTION 2: This Resolution may be enforced pursuant to any applicable law including, without limitation, the ESMC after the area designated above is properly posted with signs. SECTION 3: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 4: This Resolution will become effective immediately upon adoption. [C:\Documents and Settings \kberger \My Documents \Legal Files \EI Segundo\Resolutions \Stop Sign Resolution.docl December 15, 2004 178 PASSED AND ADOPTED this day of 2004. ATTEST: Cindy Mortesen, City Clerk APPROVED Mark D. Hen In Karl H. Berger, A�siglant City Attorney -2- Kelly McDowell, Mayor [C: \Documents and Settings \kberger \My Documents \Legal Files \EI Segundo \Resolutions \Stop Sign Resolution.doc] December 15, 2004 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 day of 2004, 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 , 2004. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -3- [C:\Documents and Settings \kberger \My Documents \Legal Files \El Segundo\Resolutions \Stop Sign Resolution.doel December 15, 2004 6 V -N- 14 13 12 11 10 9 22 �Fa 21 143 20 143 19 143 18 143 17 4 16 3 143 3 50 e f So 50 660 j 35 120125 n 16 iqu 1 131 1 n 15 I I N 0 371 14 1ao n n 38 ao 1 91 GO Id0 35120125 20 N 140 60 GRAND N 5o 1 21 n. 28 N I 22 a 27 140 ....141 n I- 23 4 a 26 140 i°• N a 50 1402`} Bo 20 25 loo n EL SEGUNDO BLVD. so Z_ Q Bo row Lot ; N n N N n 140 N n 140 N n n 1 N n N- I O Y O n 1 SO 50 U o Z 13 14 UD 50 660 j 35 120125 n 16 iqu 1 131 1 n 15 I I N 0 371 14 1ao n n 38 ao 1 91 GO Id0 35120125 20 N 140 60 GRAND N 5o 1 21 n. 28 N I 22 a 27 140 ....141 n I- 23 4 a 26 140 i°• N a 50 1402`} Bo 20 25 loo n EL SEGUNDO BLVD. so Z_ Q Bo row Lot ; N n N N n 140 N n 140 N n n 1 N n N- I O Y EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the project for the construction of the El Segundo Skateboard Park located at 405 East Grand Avenue - Approved Capital Improvement Project - Project No. PW 04 -02 - (Final project cost = $388,895.00). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 16, 2004, the City Council awarded a contract in the amount of $400,395 to Channel Islands Paving, Inc., for the construction of the El Segundo Skateboard Park. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $400,395 $388,895 301 - 400 - 8202 -8989 Accept the work as complete No DATE: December 13, 2004 Seimone Jurjis, D(fectovr of Planning and Building Safety / Acting City Engineer REVIEWED BY: DATE: 12 -21 -04 Acceptance of the Construction of the 9 El Segundo Skateboard Park — PW 04 -02 82 BACKGROUND & DISCUSSION: (continued) All work has now been completed to the satisfaction of staff and the design architect and the project is ready for acceptance. The City has paid Channel Islands Paving a total of $335,268 and they are due $53,627. Staff recommends this money be retained until resolution of two (2) Stop Payment Notices by sub- contractors to the satisfaction of the City Attorney. The two (2) Stop Payment Notices total $71,958.70. Staff recommends acceptance of this project as complete. 12 -21 -04 Acceptance of the Construction of the El Segundo Skateboard Park — PW 04 -02 J 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 the El Segundo Skateboard Park Project No.: PW 04 -02 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 skateboard park 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on November 22, 2004. The work done was: Construction of a skateboard park. 6. On December 21, 2004, 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: Channel Islands Paving, 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: Skateboard park. 9. The street address of said property is: 405 East Grand Avenue Dated: Seimone Jurjis Acting 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 , 2004 at El Segundo, California. Seimone Jurjis Acting City Engineer N.Wk M Co- 11 -0-MPW 0403 El SMu.O Ska WaM PaM 85 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to HH Construction for replacement of playground equipment at the Holly- Kansas Park - Approved Capital Improvement Project - Project No. PW 04 -09 - (Fiscal Impact = $81,300). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, HH Construction; (2) Authorize the City Manager to execute the construction contract on behalf of the City; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 3, 2004, the City Council adopted the plans and specifications and authorized staff to advertise the project for competitive bids. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Capital Improvement Program: $87,410 Amount Requested: $81,300 Account Number: 301 - 400 - 8202 -8978 ($74,610) 301 - 400 - 8201 -8573 ($12,800) Project Phase: Award of contract Appropriation Required: No ORIGINATED BY- DATE: December 13, 2004 �J.l.�.o..P Seimone Jurji , Director of Planning and Building Safety / Acting City Engineer REVIEWED BY: DATE: 7/ /y Mary S nn, City Manager 12 -21 -04 Award of Contract to HH Construction for Replacemen 10 f of Playground Equipment at the Holly— Kansas Park PW 04.09 86 BACKGROUND & DISCUSSION: (continued) On November 30, 2004, the City Clerk received and opened the following four (4) bids: Company Amount HH Construction $81,300 Premium Construction $81,810 Ryco Construction, Inc. $112,211 Malibu Pacific Tennis Courts $159,200 The City was awarded a grant in the amount of $74,610 from the Los Angeles County Regional Park and Open Space District, from which $68,500 was secured for replacement of playground equipment. The additional funds needed to award the contract will be transferred from savings from the Downtown Specific Plan Improvements Project and may be reimbursed from future Recreation Park grants. Staff received favorable references for the lowest bidder, HH Construction, and recommends award of contract to HH Construction in the amount of $81,300. 12 -21 -04 Award of Contract to HH Construction for Replacemen f of Playground Equipment at the Holly- Kansas Park PW 04.09 87 88 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the Citv. RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to issue a letter of concurrence to the City of Vernon to modify a radio frequency co- channeled with one assigned to the City; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: From time to time, the City receives requests from individuals, private companies and public agencies for concurrence to modify radio frequencies co- channeled with frequencies assigned to the City. The City has received such a request from the City of Vernon to modify channel 154.130 MHz from base station (FB) to repeater (FB2) operations. Vernon's request does not propose to change any of its current operating parameters. The City of Vernon has been operating on this frequency for over ten years from the Vernon Police Department and for mobile operation within 10 Km of City Hall. El Segundo is currently co- licensed on this channel with the South Bay Regional Public Communication Authority. Additionally, the channel is licensed to Redondo Beach, Gardena, Manhattan Beach, Torrance, Hawthorne, Inglewood and Hermosa Beach. The frequency is currently utilized by all licensees as a secondary fire tactical channel. The City's radio frequency engineer, Dr. Henry Richter, has reviewed the request from Vernon and its potential impact on El Segundo. It is his recommendation that the City issue a letter of concurrence to support the application by the City of Vernon to the Federal Communications Commission. If approved, the issuance of a concurrence letter will require the requesting party to work cooperatively with the City to mitigate and overcome any harmful interference to both parties' mutual satisfaction. ATTACHED SUPPORTING DOCUMENTS: Frequency Concurrence Overview Staff Report Letter of Recommendation from Dr. Henry Richter FISCAL IMPACT: Operating Budget: .00 Amount Requested: .00 Account Number: Project Phase: N/A No wml VllY or: DATE: J ayt, hi of Police REVIEWED BY: DATE: Mary Stre City Manager oy 11 s3 City of ECSegundo Inter - Departmental Correspondence December 14, 2004 To: Mary Strenn, City Manager From: Jack Wayt, Chief of Police Subject: Frequency Concurrence Overview One of the Federal Communications Commission's key spectrum management goals has been to promote efficient access to and use of a finite supply of radio spectrum. The FCC has acknowledged that public safety agencies have "scarce available spectrum," particularly in large metropolitan areas. Interference protection is central to effective spectrum management. Electromagnetic interference plays a pivotal role in the design and operation of telecommunications equipment and systems, and related costs. In today's radio frequency environment, interference generally limits the useable range or technical effectiveness of communications signals. Its effects on spectrum users and service providers range from annoyance, to threats to the safety of life and property. Interference protection is fundamentally related to spectrum rights and obligations. It also affects the efficiency of spectrum use. Under FCC rules, some two -way radio communications channels are licensed on a shared basis, while others are licensed exclusively to one entity in a geographic area. The FCC's rules also provide the minimum distance between co- channel licensees, and in some cases, between licensees on adjacent channels. If an applicant wishes to locate a station closer than the FCC's co- channel or adjacent channel limits permit, the applicant may seek concurrence from the existing licensee to such "short spacing." The applicant may demonstrate that short spacing is permissible, despite the FCC's rules, by using computer- derived propagation maps, or by actual testing with a temporary station in the proposed location with the licensee monitoring its system to determine harmful interference. In many instances, there are clear terrain obstacles, which will prevent interference, in which case a map generally suffices. The concurrence letter may state, among other things, that the requesting party will work cooperatively with the other party (in this case the City) to mitigate and overcome any harmful interference to both parties' mutual satisfaction. In most instances the parties may agree how, and at whose expense, interference will be resolved. There is no requirement that an existing licensee grant concurrence. If a licensee does not provide concurrence, in some cases, an applicant may demonstrate, through engineering showings, that short spacing will not cause harmful interference to the co- channel or adjacent channel licensee, despite that licensee's lack of concurrence. In the public safety community, a serious consideration of a concurrence request from another public safety entity is a sign of being a good neighbor. It is only through this type of cooperation that we are better able to satisfy needs of local agencies. The same considerations may not apply to requests for concurrence from prospective co- channel or adjacent channel licensees who are not public safety entities. 90 RICHTER GROUP Communications Consultants Henry L. Richter, Ph.D,. PE November 30, 2004 Lt. Max Phipps El Segundo Police Department 348 Main Street El Segundo, CA 90245 Dear Lt. Phipps: 2755 Alondra Way Palm Springs, CA 92264 -8754 760/322 -9122 FAX 325 -7364 hrichter @alumni.caltech.edu I have reviewed the request from the City of Vernon for a letter of concurrence for frequency 154.130 MHz. Vernon desires to modify their existing license on the frequency from base station (FB) to repeater (FB2) operations. The City of Vernon has been operating on this frequency for over ten years from a transmitter site located at 2800 S. Soto St., and for mobile operation within 10 Km of City Hall. In addition to El Segundo, this frequency is licensed to SBRPCA, Redondo Beach, Manhattan Beach, Torrance, Hawthorne, Inglewood, and Hermosa Beach and is used as a regional fire frequency. I am not aware of any harmful interference being caused by Vernon's use of the frequency. Their application for modification has been approved by the California Public- Safety Radio Association and submitted to Association of Public- Safety Communications Officials, International with approval of the local frequency coordinator. I advise you to issue the concurrence letter in the sprit of cooperation. Regards, s/s Henry L. Richter, PhD, PE 91 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a proposal by the Recreation and Parks Department to establish the new job classification of Senior Park Maintenance Worker (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1) Approve the Senior Park Maintenance Worker class specification; 2) Approve the Examination Plan; 3) Adopt the Resolution establishing the basic monthly salary range; and /or 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: With the recent vacancy in the Pool Center Maintenance Worker position, staff would like to change the job classification to Senior Park Maintenance Worker. This would allow the Recreation and Parks Department to utilize this position in both the plunge and in the parks. The plunge does not require an 8 -hour per day maintenance worker, butthe Parks division has had their area of responsibility increase over the last several years and would benefit from some additional staff hours. By making this position a Senior Park Maintenance Worker, it would be required that the person possess both Pool Service Technicians and Pool Operators certifications and then the Department would be able to use this staff person in both the parks and the plunge. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Class specification for Senior Park Maintenance Worker 2) Resolution establishing basic monthly salary range FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINATED: DATE: December 14, 2004 Stacia Mancini, Director of Recreation and Parks REVIEWED B DATE: Mary enn, City Manager agenda529 92 BACKGROUND & DISCUSSION (continued): Senior Park Maintenance Worker will have the same salary range that is currently being utilized for Pool Center Maintenance Worker. The establishment of the Senior Park Maintenance Workerjob classification will result in no reduction of service to the City's plunge and aquatic facilities and will enhance the ability of personnel to more efficiently meet department -wide service levels and expectations. Park Maintenance Workers will continue to assist, as needed, in various Aquatics Division activities. The job classification will be represented by the City Employees Association. Examination Plan Senior Park Maintenance Worker Title 1 -6 -7 of the El Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications. The Human Resources Division will initiate the recruitment, testing and selection process for the job classification of Senior Park Maintenance Worker, and post the notice of the examination in accordance with the City's Municipal Code and the City's Personnel Rules and Regulations. It is recommended that the City Council approve the examination plan that contains the following examination techniques and weights for each portion of the examination: Senior Park Maintenance Worker (Open- Competitive and Closed - Promotional) Career Preparation and Structured Technical Interview Weighted 100% 9 RESOLUTION NO. A RESOLUTION ESTABLISHING A SALARY RANGE FOR THE NEW JOB CLASSIFICATION OF SENIOR PARK MAINTENANCE WORKER BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council approves the following basic monthly salary range for the new job classification of Senior Park Maintenance Worker: STEP A STEP B STEP C STEP D STEP E Range 22 $3144 $3303 $3470 $3646 $3830 SECTION 2: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. SECTION 3: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 4: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 21st day of December 2004. ATTEST: Cindy Mortesen, City Clerk APPROVED Mark D. Hen In Karl H. Berger Assistant Civ,, Kelly McDowell, Mayor E 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 21st day of December, 2004, and the same was so passed and adopted by the following vote: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2004. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) 95 City of El Segundo, CA Job Description SENIOR PARK MAINTENANCE WORKER Definition: Under limited supervision, performs a variety of skilled labor tasks in the cleaning and maintenance of the City pools, City parks, City medians and parkways including building, grounds and facilities. Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. Distineuishine Characteristics: This position reports to the Aquatics Coordinator, Recreation Supervisor and Parks Maintenance Supervisor for functional supervision, depending on specific projects and assignments. Characteristic Duties and Responsibilities: Performs general building maintenance on the interior and exterior of the pool facilities including graffiti removal, and painting and minor repairs to aquatic and park equipment, plumbing and fixtures. Performs daily custodial tasks for the swim stadium including cleaning and maintaining lobby, hallways, offices and stairwells, shower and dressing rooms, restrooms, bleachers, and pool and deck surfaces; stocks restrooms with supplies, removes and empties trash containers, and replaces light bulbs and ceiling fan belts; works closely with Public Works maintenance staff regarding extensive projects. Cleans and maintains pools; vacuums, brushes and skims pool; inspects all pool and deck surfaces and related equipment for damage; removes stains from pool walls, gutters and bottom; applies acid bath; repairs tiles and cracks; maintains and repairs diving boards, starting blocks, ladders, handrails and steps; provides maintenance service recommendations as needed. Maintains proper chemical balance in swimming pool water by monitoring, testing and adjusting chemical agents and maintains appropriate records in compliance with health and safety rules and regulations; performs periodic checks of water circulation, boiler, filtration and chlorination systems; adjusts various fluid and/or pressure levels; flushes, cleans, lubricates and replaces parts as required; orders and maintains equipment and chemical replacements and supplies. Mows, waters, applies weed killers, removes weeds, fertilizes and re -seeds lawn, installs seasonal plants, shrubs, and trees; trims shrubs and trees; cleans walks, fields, courts and outdoor areas; does layout and painting of official youth sports playing areas. 9 r Senior Park Maintenance Worker Knowledge, Skills and Other Characteristics: Knowledge of the methods, materials, and equipment used in pool maintenance, custodial work, grounds maintenance, pest control, construction, maintenance and repair of parks, trees, facilities, and irrigation systems; uses of hand tools in rough maintenance work. Knowledge of the application, operation, maintenance and repair of tools and equipment used in pool and grounds maintenance. Knowledge of hazards and applicable safety precautions for use of custodial related chemical solutions, pool chemicals, and pesticides. Knowledge of equipment capabilities, limitations and safe operating characteristics. Knowledge of OSHA safety standards related to assigned tasks and equipment operation and maintenance. Skill performing a variety of pool maintenance work. Skill performing semi - skilled and skilled landscape and building maintenance tasks. Skill using a variety of custodial equipment and materials. Skill in safe handling of pool chemicals. Skill in the proper use and mixing techniques of custodial chemicals. Skill in the operation, maintenance, and repair of equipment used in pool, grounds and building maintenance. Skill utilizing public relations techniques responding to inquiries. Skill in establishing and maintaining effective working relationships with other department staff and other City employees and the public. Ability to or assist with moving or installing recreation facilities. Ability to or assist in the installation, repair and maintenance of sprinkler systems. Ability to maintain and repair playground equipment. Ability to maintain ball fields, backstops, pitching rubbers and base pegs. Working Conditions: Regularly exposed to weather conditions. Regularly exposed to sounds and smells of custodial and pool chemicals and equipment. Regularly required to lift and/or carry up to 50 pounds. Licensing /Certification Requirements: Ability to obtain Pool Operator's and Pool Service Technician's Certifications during the probationary period. A valid California Driver's license at a level appropriate to the equipment operated. Minimum Oualifications: Graduation from high school or GED, and two (2) years of any combination of pool, grounds and building maintenance experience; or an equivalent combination of education and experience. 2 J7 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding award of a four year lease purchase agreement to AA Equipment Company, for the landscape maintenance equipment at the Lakes Golf Course effective January 1, 2005 through March 1, 2009. (Fiscal Impact $25,986.26 annually over four years for a total of $117,511.00) RECOMMENDED COUNCIL ACTION: 1. Award the equipment lease purchase agreement to AA Equipment Company in the amount of $25,986.26 annually over the next four years, for a total of $117,511.00. 2. Authorize the City Manager to execute a lease purchase agreement for the landscape maintenance equipment at the Lakes Golf Course, subject to approval by City Attorney. 3. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: This equipment lease purchase replaces the existing equipment at the Lakes Golf Course. The old lease has expired and the equipment needs to be replaced. The average life of the equipment is about 7 -8 years, if maintained properly. AA Equipment Company was the lowest bid, at $117,511.00. The other companies were Reed Equipment Company with a quote of $119,955 and E -Z Equipment with a quote of $124,000. This is budgeted item, that is renewed every four to seven years. The equipment includes three differenttypes of mowers and special blades, a chemical sprayer, an aerator, a topdressor, and two ball picking tractors with cages. Staff recommends awarding the contract to the AA Equipment Company. All three of the distributor's quotes are on John Deere Equipment. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: $25,986.26 Operating Budget: Account Number: 503 -400- 5305 -6260 Project Phase: Appropriation Required: _Yes _ No ORIGINATED: DATE: Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: .13 :� s EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the acceptance of a donation of used metal storage racks from Mr. Ron Swanson of S & S Hardware Company, to the Fire Department and Recreation and Parks Department. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Authorize the El Segundo Fire Department and Recreation and Parks Department to accept the donation of three -tier storage racks from Mr. Ron Swanson of S & S Hardware company; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Mr. Ron Swanson, owner of S & S Hardware of El Segundo, generously donated serviceable shelving racks which are made of heavy commercial metal channel. The end pieces and cross members when assembled will provide for three - tiered shelving which is needed to address storage capabilities at the Plunge and Fire Department Headquarters. Eight (8) units were donated to the Fire Department and one (1) unit was donated to the Recreation and Parks Department. The Fire Department will be able to utilize their units to improve the efficiency and inventory control of the storage space which serves a variety of operational and support programs. The Plunge will be able to make use of their shelving unit to store supplies for their new chlorination system as well as for other equipment utilized in their summer programs related to the use of outdoor pools. Both of our departments wish to thank Mr. Swanson and his company for making this donation possible. It is estimated that the combined value of these used racks is approximately $2,250. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _No ORIGINATED BY: DATE: 12/13/04 Mary St nn, City Manager °y 99 14 EL SEGUNDO CITY COUNCIL MEETING DATE: December 7, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding establishing appropriate levels of reserves within the Liability Insurance Fund based on an actuarial study performed by Jack Joyce of Bay Actuarial Consultants (BAC). RECOMMENDED COUNCIL ACTION: 1) Establish a Liability Insurance Fund Reserve plus Incurred but Not Reported (IBNR) liability at a minimum undiscounted 70% confidence level and a target undiscounted 80% confidence level. 2) Establish a minimum of $200,000 retained earnings in the Liability Insurance Fund. 3) Review both the recommended confidence level and the minimum retained earnings levels annually during the budget process to determine if either level should be adjusted. 4) Once the target level is reached, transfer additional retained earnings of $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund. 5) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the FY 2004 -2005 Strategic Development Session, the City Council directed the Administrative Services Department to arrange a meeting with the Mayor, the City Manager, - Continued on next page - ATTACHED SUPPORTING DOCUMENTS: Actuarial Report by Jack Joyce and Associates FISCAL IMPACT: Transfer approximately $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes x No ORIGINMTED: DATE: December 14, 2004 M. Plumlee, Director of Administrative Services =WED BY: DATE: Mary nn, City Manager agenda �z� log 15 BACKGROUND & DISCUSSION (continued): the City Attorney, the Director of Administrative Services, the Risk Manager /Purchasing Agent, and Jack Joyce to discuss the status of the Liability Insurance Fund. The objective of the meeting was to review the appropriate level of funding and bring back a recommendation to the City Council. The City of El Segundo is one of 29 member cities that are part of an insurance pool called the Independent Cities Risk Management Association ( ICRMA), and El Segundo Mayor, Kelly McDowell is the ICRMA President. In 2003, the ICRMA Board approved entering into a contract with Jack Joyce of Bay Actuarial Consultants (BAC) to provide actuarial services for the pool. One of the actuarial studies Jack performed included an analysis of all 29 cities' liability self- insurance programs. One of the topics included in the report was to calculate the liability for unpaid losses as of June 30, 2004. BAC estimated that the City's liability for unpaid losses on June 30, 2004 was $775,000 on an undiscounted basis and $745,000 discounted at 3% interest. This estimate is based on a confidence level of between 50% and 60 %, which means that the probability that the actual liability is less than the estimate is between 50% and 60%.. The ICRMA pool funds liability expenses at an undiscounted confidence level of 70 %. BAC estimates that the 70% confidence level of the City's undiscounted liability is $876,188. Staff is recommending that the City of El Segundo fund its current and future estimated liability expenses at a minimum undiscounted confidence level of 70% and a target undiscounted confidence level of 80 %. If funded at the target level, the funding would have an 80% probability of being adequate, or more than adequate. BAC estimates the 80% confidence level of the City's undiscounted liability is $1,101,051. Staff also recommends that the level of funding and minimum retained earnings be reviewed annually during the budget process to determine if the recommended 80% target level and minimum $200,000 retained earnings levels can be met. Since the numbers fluctuate widely and are difficult to budget, staff recommends having an independent actuarial study performed annually to review the status of the Liability Insurance Fund and provide recommended funding based on various confidence levels. Staff also recommends that the status of this fund is reviewed closely with all other funds at the FY 2004 -2005 midyear review to determine if a midyear adjustment needs to be made. If the future liability grows more than anticipated in any one fiscal year, the City will have the ability to reduce the reserve funding in the Liability Insurance Fund to a minimum undiscounted 70% confidence level, which will reduce the possibility that the General Fund will have to transfer funds into the Liability Insurance Fund in a given year. The City would then also have the option to reduce the retained earnings level below the minimum recommended level of $200,000. If the City Council approves staff's recommendation to establish a minimum undiscounted confidence level of 80% and a minimum retained earnings of $200,000, staff will transferjust over $225,000 from the Liability Insurance Fund to the Economic Uncertainty Fund leaving an lOi estimated Liability Insurance Fund retained earnings of just over $200,000. A copy of the actuarial review done by Bay Actuarial Consultants is attached to this staff report. 102 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program BAY ACTUARIAL CONSULTANTS Moraga, California June 24, 2004 103 BAY ACTUARIAL CONSULTANTS 346 Rheem Boulevard, Suite 204 Moraga, California 94556 (925) 377 -5269 Fax (925) 377 -5270 June 24, 2004 Mr. John Chaquica ICRMA Administrator Bickmore Risk Services 3760 Kilroy Airport Way, Suite 360 Long Beach, CA 90806 Dear Mr. Chaquica: We are pleased to present Bay Actuarial's Actuarial Review of the City of El Segundo's General and Auto Liability self- insurance program. We appreciate the opportunity to serve the City. If you have any questions, please call me at (925) 377 -5269. Respectfully, BAY ACTUARIAL CONSULTANTS Jack Joyce, FCAS, MAAA Principal 10 a City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Table of Contents Page Introduction 2 Background & Purpose 3 Conditions & Limitations 4 Organization of the Report 4 Management Summary 5 Projected 2004 -05 Losses and Loss Rates 6 The City's Past Loss Rates 7 Loss Frequency g Average Loss Size 9 Liability for Unpaid Losses — 6130104 10 Short-Term Liability 10 Alternative Interest Rates 10 Technical Approach 11 Summary Exhibits 14 Fiscal Year End Exhibits 18 Loss Projection Exhibits 21 Future Loss Exhibits 36 Discounting Exhibits 39 105 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Introduction loo Bay Actuarial Consultants Page 2 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Introduction Background & Purpose The City of El Segundo self- insures its general and auto liability claims. The City has asked Bay Actuarial Consultants to provide an actuarial report on its liability self - insurance program. The specific topics covered in this report include the following: 1) Projected 2004 -05 Loss Rate. An estimate of the losses expected to be incurred during 2004 -05, expressed in terms of a rate of loss per $100 of payroll. 2) Unpaid Losses. We have estimated the City's liability for unpaid losses as of June 30, 2004. 3) Discounting. We have also discounted the projected 2004 -05 losses and the liabilities to present value, assuming a 3% interest rate. The discounted estimates take into account the time value of money as general and auto liability costs discharge over an extended timeframe. 4) Variability of Estimates. We have included an analysis of items (1) and (2) above, in terms of "confidence levels." 5) Short-Term versus Long -Term. We have broken out the liabilities into their short-term and long -term components. Bay Actuarial Consultants 107 Page 3 Conditions & Limitations This report has been prepared for the City's internal use. Copies of this report may be provided to the City's auditors. Any other use of this report is not authorized without the prior written permission of Bay Actuarial. In particular, those interested in providing insurance to the City must perform their own actuarial analysis and may not rely upon our work. In this report, we relied upon loss and payroll data provided by Bickmore Risk Services. We have not audited this data and are not responsible for its accuracy. With any actuarial analysis, the accuracy and relevance of the conclusions, and the reasonableness of the recommendations, depend upon the accuracy and relevance of the underlying data. Unless otherwise noted, the term "losses" refers to all costs that can be tied to specific claims. These include loss payments, attorney's fees, and other expenses linked to specific claims. The actuarial projections in this report are estimates and, as such, are subject to uncertainty. This uncertainty is unavoidable because many of the events that will determine future claims costs have not yet taken place and cannot be evaluated with certainty. These events include, but are not limited b, future legislation that may affect the tort liability system, changes in the rate of inflation, and the outcomes of current and future litigation and settlement negotiations. Our projections are based upon the City's historical experience. We have not anticipated any extraordinary changes in the various factors that might affect the future cost of claims. However, we have used methods, which we believe produce reasonable results given current information. There is no guarantee, express or implied, that losses will develop as projected in this report. Organization of the Report We have divided the remainder of this report into seven sections: the Management Summary, the Technical Approach section, the Summary Exhibits, the Fiscal Year End Exhibits, the Loss Projection Exhibits, the Future Loss Exhibits, and the Discounting Exhibits. The Management Summary gives an overview of the results of our analysis. The Technical Approach section explains and discusses the assumptions and details underlying our calculations. The Exhibits document the actual calculations used in developing our results. Bay Actuarial Consultants Page 4 108 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Management Summary Bay Actuarial Consultants Page 5 10 C) City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Management Summary Projected 2004 -05 Losses and Loss Rates Table I, below, shows the projected 2004 -05 losses and loss rates at various confidence levels, discounted and undiscounted. We used a 3.0% interest rate to perform the discounting calculations. The items in Table 1 do not include claims handling fees ( "ULAE "), administrative costs, or the cost of excess insurance coverage. The losses have been calculated assuming that the ICRMA will cover any individual losses that exceed $400,000. Table I shows expected value estimates, as well as estimates at various confidence levels. The confidence level rates correspond to the estimated probabilities that the indicated rate will be adequate. For example, we estimate that there is a 70% probability that the actual 2004 -05 discounted loss rate will be less than $1.52. Various other confidence level estimates are shown in Summary Exhibit 2 on Page 16. Table III, below, shows factors to adjust these rates for different interest rates. Table l: Projected 2004 -05 Losses and Loss Rates (Limited to $400,000 SIR) Confidence Undiscounted Level Losses Expected $335,924 70% 403,109 80% 544,197 Discounted Undiscounted Discounted Losses Loss Rate Loss Rate $314,425 $1.36 $1.27 377,310 1.63 1.52 509,368 2.20 2.06 704,311 3.04 2.84 Bay Actuarial Consultants 110 Page 6 The City's Past Loss Rates Chart 1 displays the City's estimated past loss rates at the $400,000 SIR. The loss rate is equal to the estimated total losses for the year divided by the total insured payroll. These are Program Year's running from July 1 to June 30. The indicated loss rates are undiscounted. Note that the projected 2004 -05 rate of $1.36 equals the undiscounted rate shown in Table I. Bay Actuarial Consultants 11 i Page 7 Loss Frequency Loss "frequency' is the number of losses divided by payroll. Chart 2 displays loss frequency for program years 1996 -97 through 2003 -04. These are losses, not claims. There is sometimes more than one claim per loss. Chart 2: Loss Frequency Losses per $1 Million Payroll 1.50 138 1.12 1.03 1.00 0.93 0.79 0.82 0.84 0.73 0.50 M 96 -97 97 -98 98 -99 99 -00 00 -01 01 -02 02 -03 03 -04 Program Year Bay Actuarial Consultants Page 8 112 Average Loss Size The average loss size is the estimated annual losses divided by the number of losses. Chart 3 displays the estimated average cost per loss for 1996 -97 through 2003 -04. Chart 3: Loss Severity $40,000 $30,000 $27,696 $27,368 $20,000 $23,315 $17,327 $18,077 $20,556 $10,000 $7,932 $5,294 $0 96 -97 97 -98 98 -99 99 -00 00 -01 01 -02 02 -03 03 -04 There does not appear to be much of a severity trend. Bay Actuarial Consultants q j Page 9 11J Liability for Unpaid Losses — 6/30/04 We project that the City's liability for unpaid losses will be $775,000 on June 30, 2004 on an undiscounted basis, and $745,000 discounted at 3% interest. Table II shows these liabilities at the expected level as well as at various confidence levels. Table 1l: Projected Liability for Unpaid tosses Interest Rate As of June 30, 2004 1 °t° Confidence Undiscounted Discounted Level Losses Losses Expected $774,955 $744,849 70% 876,188 841,679 80% 1,101,051 1,057,686 90% 1,434468 1,377,971 Short-Term Liability Short-term liabilities are those expected to be expended within twelve months. The total 6/30/04 liability of $774,955 is composed of $414,000 short-term and $360,955 long -term. Alternative Interest Rates Table III shows the factors one would use to translate the Table I rates and the Table II liabilities to their equivalents at interest rates other than 3 %. Table III: Interest Rate Adjustment Factors Interest Rate 0% 1 °t° 2% 3% 4% Rates 1.068 1.045 1.021 1.000 0.979 Liabilities 1.047 1.027 1.014 1.000 0.988 Bay Actuarial Consultants Page 10 114 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Technical Approach Bay Actuarial Consultants Page 11 115 City of El Segundo An Actuarial Review of the Liability Self- Insurance Program Technical Approach This section describes the actuarial calculations. Exhibits Summary Exhibits These exhibits summarize the analysis and conclusions. Summary Exhibit 1 shows the projected liabilities for unpaid losses as of June 30, 2004. Summary Exhibit 2 shows our projected rate for the 2004 -05 program year, which runs from July 1, 2004 to June 30, 2005. Summary Exhibit 3 shows the projected unpaid losses as of June 30, 2004 by program year on both discounted and non - discounted bases. Fiscal Year End Exhibits These Exhibits show the calculation of the estimated unpaid losses as of June 30, 2004. Loss Projection Exhibits These Exhibits show the various actuarial projection methods and summarize the results for each program year. Five different actuarial methods are used: 1) Reported loss projection method; 2) Paid loss projection method; 3) IBNR to Case Reserves Ratio method; 4) Bornhuetter- Ferguson method using reported losses; and 5) Frequency times Severity method. Bay Actuarial Consultants 1! Page 12 The results of these methods are summarized in Loss Projection Exhibit 1. Future Loss Exhibits These Exhibits show the projection of the expected rate for 2004 -05. Discounting Exhibits These Exhibits show the discounting of the remaining unpaid losses and the projected future loss rate. They also include the Program Information Exhibit. Bay Actuarial Consultants Page 13 117 City of El Segundo Actuarial Analysis of the General and Auto Liability Program Summary Exhibits Bay Actuarial Consultants Page 14 118 City of El Segundo General and Auto Liability Program Unpaid Losses as of 06/30/04 Losses Limited to $400,000 SIR 06/30/04 Summary Exhibit 1 (1) Projected Unpaid Losses: $774,955 (2) Discounted Value of Unpaid Losses: $744,849 (Assuming 3.0% Interest Rate) Confidence Levels for 06/30104 Liabilities Confidence Confidence Discounted Level Factor Liability (3) (4) (5) " ° 1.13 841,679 80% 1.42 1,057,686 90% 1.85 1,377,971 Multiply by 1.040 to obtain undiscounted values. Notes: (1) Page 17, Column (1). (2) Page 17, Column (2). (3) Estimated probability that funding will be adequate. (4) Estimated by BAC. (5) (2) x (4). Page 15 Bay Actuarial Consultants 11 J Summary Exhibit 2 City of El Segundo General and Auto Liability Program Projected Loss Funding Rate for 2004 -05 Losses Limited to $400,000 SIR Loss Rates (1) Discounted Loss Rate: $1.27 (as of July 1, 2004, 3.0% interest rate) Notes: (1) [Page 41, Column (3), Total.] / [Page 42, Column (3)). (2) Estimated probability that funding will be adequate. (3) Estimated by BAC. (4) (1)x(3). Page 16 Bay Actuarial Consultants 111-10 Confidence Levels Confidence Confidence Discounted' Level Factor Rate (2) (3) (4) Expected 1.00 $1.27 70% 1.20 1.52 80% 1.62 2.06 90% 2.24 2.84 ' Multiply by 1.068 to obtain undiscounted values. Notes: (1) [Page 41, Column (3), Total.] / [Page 42, Column (3)). (2) Estimated probability that funding will be adequate. (3) Estimated by BAC. (4) (1)x(3). Page 16 Bay Actuarial Consultants 111-10 City of El Segundo General and Auto Liability Program Projected Unpaid Losses as of June 30, 2004 Losses Limited to $400,000 SIR Notes: (1) Page 19, Column (6). (2) Page 40, Column (3). (3) Page 22, Column (6). Bay Actuarial Consultants Summary Exhibit 3 Page 17 121 Undiscounted Discounted Value: Value: Claims Claims Liabilities Liabilities Estimated Program as of as of Ultimate Year 6/30/04 6/30/04 Losses (11 (2) (3) 1994 -95 $0 $0 $1,107,328 1995 -96 73,820 71,892 899,000 1996 -97 0 0 349,724 1997 -98 1,159 1,088 692,392 1998 -99 935 871 259,904 1999 -00 1,405 1,300 166,572 2000 -01 1,679 1,557 100,589 2001 -02 135,074 129,828 470,000 2002 -03 241,370 232,974 520,000 2003 -04 319,513 305,339 370,000 Total $774,955 $744,849 $4,935,509 Notes: (1) Page 19, Column (6). (2) Page 40, Column (3). (3) Page 22, Column (6). Bay Actuarial Consultants Summary Exhibit 3 Page 17 121 City of El Segundo Actuarial Analysis of the General and Auto Liability Program Fiscal Year End Exhibits Page 18 Bay Actuarial Consultants 122 Fiscal year End Exhibit 1 City of El Segundo General and Auto Liability Program Estimated Unpaid Losses as of June 30, 2004 Losses Limited to $400,000 SIR Notes: Estimated Projected Paid Case Reported Projected Projected Program Ultimate Losses as of Reserves Losses as of IBNR Losses Unpaid Year Losses 6/30/04 6/30/04 6/30/04 as of 6/30/04 Losses as of (1) (2) (3) (4) (5) 6/30/04 (6) 1994 -95 1995 $1,107,328 $1,107,328 $0 $1,107,328 $p -96 1996 -97 899,000 349,724 825,180 349,724 73,779 898,959 41 $0 73,820 1997 -98 692,392 691,233 0 523 349,724 691,756 0 0 1998 -99 1999 -00 259,904 166,572 258,969 266 259,235 636 669 1,159 935 2000 -01 100,589 165,167 98,910 183 168 165,350 1,222 1,405 2001 -02 470,000 334,926 82,484 99,078 417,410 1,511 1,674 2002 -03 2003 -04 520,000 370,000 278,630 147,424 426,054 52 ,590 93,946 135,074 241,370 50,487 97,996 148,483 221,517 319,513 Total $4,935,509 $4,160,554 $402,822 $4,563,376 $372,133 $774,955 Notes: (1) Page 22, Column (6). (2) Page 24, Column (1). (3) (4) - (2). (4) Page 23, Column (1). (5) (1) - (4). (6) (3)+(5). Bay Actuarial Consultants Page 19 - 123 Fiscal year End Exhibit 2 City of El Segundo General and Auto Liability Program Projected Paid and Reported Losses between 1/1/04 and 6/30/04 Losses Limited to $400,000 SIR Notes: Losses Projected Losses Projected Losses (2) Projected Projected Program Paid Paid Paid Losses Reported Losses Reported Losses Reported Year as of 12/31/03 1/1/04 - 6/30/04 as of 6/30/04 as of 12/31/03 1/1/04 - of (1) (2) (3) (4) 6/30/04 (5) 6//33 0//00 4 (6) 1994 -95 1995 -96 $1,107,328 810,394 $0 14,786 $1,107,328 $1,107,328 $0 $1,107,328 1996 -97 349,724 0 825,180 349,724 898,959 0 898,959 1997 -98 691,119 115 691,233 349,724 691,119 0 349,724 1998 -99 258,778 191 258,969 258,778 637 457 691,756 1999 -00 2000 -01 165,022 98,468 145 165,167 165,022 328 259,235 165,350 2001 -02 234,975 442 99,952 98,910 334,926 98,468 610 99,078 2002 -03 182,302 96,329 278,630 402,864 380,420 14,546 45,634 417,410 2003 -04 155 50,332 50,487 25, 780 122, 703 426,054 148,483 Total $3,898,263 $262,291 $4,160,554 $4,378,461 $184,915 $4,563,376 Notes: (1) Page 24, Column (1). (2) Projected by SAC. (3) (1) + (2). (4) Page 23, Column (1). (5) Projected by BAC. (6) (4)+(5). Bay Actuarial Consultants Page 20 121i City of El Segundo Actuarial Analysis of the General and Auto Liability Program Loss Projection Exhibits Page 21 Bay Actuarial Consultants 125 Loss Projection Exhibit 1 City of El Segundo General and Auto Liability Program Selected Ultimate Losses Losses Limited to $400,000 SIR Notes: (1) Page 23, Column (3). B -F Page 24, Column (3). (3) Program Year Reported Projection (1) Paid Projection f2) IBNR to Case Reserves Ratio (3) Method Using Reported P (4) Fre uenc Q y Times Severity (5) Selected Ultimate Losses (6) 1994 -95 1995 -96 1996 -97 1997 -98 1998 -99 1999 -00 2000 -01 2001 -02 2002 -03 2003 -04 $1,107,328 898,959 349,724 693,665 261,030 168,123 102,711 455,835 562,695 296,787 $1,111,757 817,535 354,570 707,702 270,108 179,495 125,777 486,453 1,236,200 19,859 $1,107,328 898,959 349,724 691,119 258,778 165,022 98,468 451,552 501,866 321,703 $112,754 444,142 498,784 371,620 $359,230 506,325 381,107 371,880 $1,107,328 899,000 349,724 692,392 166,572 259,904 100,589 470,000 520,000 370,000 Total $4,896,857 $5,309,456 $4,844,518 $4,935,509 00/01 -03104 $1,418,028 $1,868,289 $1,373,589 $1,427,300 $1,618,542 $1,460,589 Notes: (1) Page 23, Column (3). (2) Page 24, Column (3). (3) Page 25, Column (6). (4) Page 26, Column (6). (5) Page 30, Column (4). (6) Selected on the basis of (1) - (5). Bay Actuarial Consultants 126 Page 22 Loss Projection Exhibit 2 City of El Segundo General and Auto Liability Program Reported Loss Development Losses Limited to $400,000 SIR Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1) x (2), rounded. Bay Actuarial Consultants Page 23 127 Reported Cumulative Development Reported Factor Projected Program Losses as of as of Ultimate Year 12/31/03 12/31/03 Losses —(1)— — () (3) 1994 -95 $1,107,328 1.000 $1,107,328 1995 -96 898,959 1.000 898,959 1996 -97 349,724 1.000 349,724 1997 -98 691,119 1.004 693,665 1998 -99 258,778 1.009 261,030 1999 -00 165,022 1.019 168,123 2000 -01 98,468 1.043 102,711 2001 -02 402,864 1.131 455,835 2002 -03 380,420 1.479 562,695 2003 -04 25,780 11.512 296,787 Total $4,378,461 $4,896,857 Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1) x (2), rounded. Bay Actuarial Consultants Page 23 127 Loss Projection Exhibit 3 City of El Segundo General and Auto Liability Program Paid Loss Projection Losses Limited to $400,000 SIR Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1)x(2), rounded. Page 24 Bay Actuarial Consultants 128 Paid Cumulative Development Paid Factor Projected Program Losses as of as of Ultimate Year 12/31/03 12/31/03 Losses t 1 t (2) —l- 1994-95 $1,107,328 1.004 $1,111,757 1995 -96 810,394 1.009 817,535 1996 -97 349,724 1.014 354,570 1997 -98 691,119 1.024 707,702 1998 -99 258,778 1.044 270,108 1999 -00 165,022 1.088 179,495 2000 -01 98,468 1.277 125,777 2001 -02 234,975 2.070 486,453 2002 -03 182,302 6.781 1,236,200 2003 -04 155 128.328 19,859 Total $3,898,263 $5,309,456 Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1)x(2), rounded. Page 24 Bay Actuarial Consultants 128 Loss Projection Exhibit 4 City of El Segundo General and Auto Liability Program IBNR to Case Reserves Ratio Method Losses Limited to $400,000 SIR Notes: (1) Page 23, Column (2). (2) Page 24, Column (2). (3) [0) - 1.000] x (2)1 [(2) - (1)). (4) Page 23, Column (1) - Page 24, Column (1). (5) (3) x (4), rounded. (6) (5) + Page 23, Column (1). Bay Actuarial Consultants Page 25 12 Reported Paid Development Development IBNR Factor Factor to Case Case Estimated Program as of as of Reserves IBNR Estimated Year 72/31/03 12131/03 Ratio Reserves Losses as of Ultimate �_ (2) (3) 12131/03 12131/03 Losses (4) (5) (6) 1994 -95 1.000 1.004 0.000 1995 -96 1.000 . 1009 0.000 $0 $0 $1,107,328 1996 -97 1.000 1.014 0.000 88,565 0 898,959 1997 -98 . 1004 1.024 0.186 0 0 349,724 1998 -99 1.009 1.044 0.259 0 0 691,119 1999 -00 1.019 1.088 0.297 0 0 258,778 2000 -01 1.043 . 1277 0.235 0 0 165,022 2001 -02 1.131 2.070 0.290 0 0 98,468 2002 -03 1.479 6.781 0.613 167,889 48,688 451,552 2003 -04 77.512 128.328 11.548 198,118 121,446 501,866 25,626 295,923 321,703 Total $480,198 $466,057 $4,844,518 Notes: (1) Page 23, Column (2). (2) Page 24, Column (2). (3) [0) - 1.000] x (2)1 [(2) - (1)). (4) Page 23, Column (1) - Page 24, Column (1). (5) (3) x (4), rounded. (6) (5) + Page 23, Column (1). Bay Actuarial Consultants Page 25 12 Loss Projection Exhibit 5 City of El Segundo General and Auto Liability Program Bornhuetter- Ferguson Using Reported Lasses Losses Limited to $400,000 SIR Cumulative Percentage A Priori Reported Loss of Losses Expected Losses Program Ultimate Development Not Yet Reported Estimated Year Losses Factors Reported Unreported P as of Ultimate (1) 2 P (3) Losses 12/31/03 Losses _Ll— _(4)._ (5) (6) 2000 -01 $348,428 1.043 4.1% 2001 -02 355,841 1.131 11.6% $14,286 $98,468 $112,754 2002 -03 365,320 1.479 32.4% 41,278 402,864 444,142 2003 -04 378,795 11.512 0 91.3/° 118,364 380,420 498,784 345,840 25,780 371,620 $1,448,384 $519,768 $907,532 $1,427,300 Notes: (1) Page 27, Column (4). (2) Page 23, Column (2). (3) 100 % - [ 1.000 / (2) ]. (4) (1) x (3). (5) Page 23. Column (1). (6) (4)+(5). Bay Actuarial Consultants Page 26 13G City of El Segundo General and Auto Liability Program A Priori Losses for Bornhuetter- Ferguson Losses Limited to $400,000 SIR Program A Priori Loss Factor Trended APna Year Rate to Remove Payroll Ultimate Trend ($00's) Losses 1 L —"'i (2) (3) (4) 2000 -01 $1.53 0.915 $248,886 2001 -02 $1.53 0.943 $348,428 2002 -03 $1.53 0971 246,634 355,841 2003 -04 $153 1.000 245,902 365,320 247,579 378,795 Total $989,001 $1,448,384 Notes: (1) Page 28, Item (5). (2) Estimated by BAC. (3) Page 42, Column (3). (4) (1) x (2) x (3). Loss Projection Exhibit 6 Bay Actuarial Consultants 131 Page 27 Loss Projection Exhibit 7 City of El Segundo General and Auto Liability Program A Priori Loss Rate for Bomhuetter- Ferguson Method Losses Limited to $400,000 SIR Notes: Estimated Page 29, Column (3). Constant Program A Peon Ultimate Pure Trended Dollar Year Losses Premium Payroll Loss Trend ($ Rate (1) �L (3) —�— (4) 1998 -99 $265,492 1.159 $213,964 1999 -00 173,623 1.126 234,612 $1.44 2000 -01 113,080 1.093 248,886 0.83 2001 -02 466,656 1.061 246,634 0.50 2002 -03 683,299 1.030 245,902 2.01 2003 -04 273,989 1.000 247,579 2.86 1.11 Total $1,976,139 $1,437,577 $1.46 98/99 -02/03 $1,702,150 $1,189,999 $1.53 (5) Selected A Priori 2003 -04 Loss Rate: $1.53 Notes: (1) Page 29, Column (3). (2) Estimated by &4C. (3) Page 42, Column (3). (4) (1) x (2) / (3). (5) Selected on the basis of (4). Bay Actuarial Consultants 13 2 Page 28 Loss Projection Exhibit 8 City of El Segundo General and Auto Liability Program A Priori Ultimate losses Losses Limited to $400,000 SIR Notes: (1) Page 23, Column (3). (2) Page 24, Column (3). (3) Selected on the basis of (1) and (2). Page 29 Bay Actuarial Consultants 1.3 .r Reported Paid Program Loss Loss A Priori Year Projection Projection Selection (1) ---(2) —3) 1994 -95 $1,107,328 $1,111,757 $1,109,538 1995 -96 1996 898,959 817,535 898,959 -97 1997-98 349,724 693,665 354,570 352,130 1998 -99 261,030 707,702 270,108 700,613 1999 -00 168,123 179,495 265,492 113,623 2000 -01 2001 -02 102 711 125,777 113,080 455,835 486,453 466,656 2002 -03 562,695 1,236,200 683,299 2003 -04 296,787 19,859 273,989 Total $4,896,857 $5,309,456 $5,037,379 Notes: (1) Page 23, Column (3). (2) Page 24, Column (3). (3) Selected on the basis of (1) and (2). Page 29 Bay Actuarial Consultants 1.3 .r Loss Projection Exhibit 9 City of El Segundo General and Auto Liability Program Frequency Times Severity Method Losses Limited to $400,000 SIR Program Year Selected Claim Severity (1) Factor to Remove Trend (2) Selected Ultimate Chins (3) Estimated Ultimate Losses (4) 2000 -01 2001 -02 2002 -03 2003 -04 $20,660 20,660 20,660 20,660 0.915 0.943 0.971 1.000 19 26 19 18 $359,230 506,325 381,107 371,880 Total $1,618,542 Notes: (1) Page 31, Item (5). (2) Estimated by BAC. (3) Page 32, Column (3). (4) (1) x (2) x (3). Bay Actuarial Consultants Page 30 13 4 Loss Projection Exhibit 10 City of El Segundo General and Auto Liability Program Calculation of Expected Claim Severity Frequency Times Severity Method Losses Limited to $400,000 SIR Program A Priori Estimated Selected Trended Year Ultimate Severity Claim Claim (5) Losses Trend Count Severity (1) !2) (3) (4) 1999 -00 $173,623 1.126 21 2000 -01 113,080 1.093 $9,305 2001 -02 466,656 1.061 19 6,503 2002 -03 683,299 1.030 26 19,041 2003 -04 273, 989 1.000 19 37,042 18 15,222 Total $1,710,647 103 $17,397 00/01 -02/03 $1,263,035 $20,663 (5) Selected Severity: $20,660 Notes: (1) Page 29, Column (3). (2) Estimated by BAC. (3) Page 32, Column (3). (4) (1) x (2) / (3). (5) Selected on the basis of (4). Bay Actuarial Consultants Page 31 �Jv Loss Projection Exhibit 11 City of El Segundo General and Auto Liability Program Selected Claim Counts Notes: (1) Page 33, Column (3). (2) Page 34, Column (6). (3) Selected on the basis of (1) and (2). Page 32 Bay Actuarial Consultants Reported Bornhuetter- Selected Program Claim Count Ferguson Claim Year Projection Method Count (1) (2) (3) 1994 -95 20 20 1995 -96 16 16 1996 -97 15 15 1997 -98 25 25 1998 -99 15 15 1999 -00 21 21 2000 -01 19 19 2001 -02 26 26 2002 -03 19 19 2003 -04 13 18 18 Total 189 194 Notes: (1) Page 33, Column (3). (2) Page 34, Column (6). (3) Selected on the basis of (1) and (2). Page 32 Bay Actuarial Consultants Loss Projection Exhibit 12 City of El Segundo General and Auto Liability Program Projection of Ultimate Claim Counts Projection of Reported Claims Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1) x (2), rounded. Bay Actuarial Consultants Page 33 13' Total Development Program Claims Reported Factors Projected Year 12/31/03 as of 12/31/03 Ultimate Claims (1) (2) (3) 1994 -95 20 1.000 20 1995 -96 16 1.000 16 1996 -97 15 1.000 15 1997 -98 25 1.001 25 1998 -99 15 1.002 15 1999 -00 21 1.003 21 2000 -01 19 1.004 19 2001 -02 26 0.999 28 2002 -03 23 0.845 19 2003 -04 5 2.645 13 Total 185 189 Notes: (1) Provided by Bickmore Risk Services. (2) Estimated by BAC. (3) (1) x (2), rounded. Bay Actuarial Consultants Page 33 13' Loss Projection Exhibit 13 City of El Segundo General and Auto Liability Program Projection of Ultimate Claim Counts Bornhuetter- Ferguson Method A Priori Claim Estimated Percentage Estimated Reported Page 33, Column (2). Program Claim Development of Claims Unreported Claims Projected Year Count Factor Unreportetl Claims as of Ultimate (1) (2) (3) (4 12/31/03 �— Claims 2003 -04 21 2.645 62.2% 13 5 76 Notes: (1) Page 35, Item (6). (2) Page 33, Column (2). (3) 100% - [ 1.000 / (2) ). (4) (1) x (3). (5) Page 33, Column (1). (6) (4) + (5). Page 34 Bay Actuarial Consultants q oo 1�0 Loss Projection Exhibit 14 City of El Segundo General and Auto Liability Program Calculation of Expected Claim Counts A Priori Claim Count Projected Notes: Ultimate Trended Program Claim Payroll Year Counts ($Millions) Selected on the basis of (3). (1) (2) 1998 -99 15 21.40 1999 -00 21 23.46 2000 -01 19 24.89 2001 -02 26 24.66 2002 -03 19 24.59 2003 -04 13 24.76 Total 113 $143.76 98/99 -02/03 100 $119.00 (4) Selected Claim Frequency: (5) 2003 -04 Trended Payroll ($Millions): (6) 2003 -04 A Priori Claim Count: Notes: (1) Page 33, Column (3). (2) Page 42, Column (3) / 10,000. (3) (1) / (2). (4) Selected on the basis of (3). (5) Page 42, Column (3) / 10,000. (6) (4) x (5). Bay Actuarial Consultants Indicated Claim Frequency (3) 0.7011 0.8951 0.7634 1.0542 0.7727 0.5251 0.7860 0.8403 0.8400 $24.76 21 Page 35 1 .� City of El Segundo Actuarial Analysis of the General and Auto Liability Program Future Loss Exhibits Page 36 Bay Actuarial Consultants 140 City of El Segundo General and Auto Liability Program Projected Ultimate Losses for Future Years Losses Limited to $400,000 SIR Page 38, Item (5). 2003 -04 Expected Projected Program Level Increase for Payroll Year Loss Rate 2004 -05 ($00's) (1) (2) (3) Projected L Losses Losses (4) 2004 -05 $1.39 1.003 $247,579 $345,139 Notes: (1) Page 38, Item (5). (2) Estimated by BAC. (3) Page 42, Column (2). (4) (1) x (2) x (3), rounded. Bay Actuarial Consultants Future Loss Exhibit 1 Page 37 141 Future Loss Exhibit 2 City of El Segundo General and Auto Liability Program Projected Future Loss Rate Losses Limited to $400,000 SIR Program Estimated Ultimate Pure Trended Trended Year Losses Premium Payroll Loss (5) Selected on the basis of (4). Trend ($00's) Rate .-- (.1-)_ (2) (3) (4) 1998 -99 $259,904 1.159 $213,964 $1 1999 -00 166,572 1.126 234,612 0.80 80 2000 -01 100,589 1.093 248,886 0.44 2001 -02 470,000 1.061 246,634 212 2002 -03 520,000 1.030 245,902 2.18 2003 -04 370,000 1.000 247,579 1.49 Total $1,887,065 $1,437,577 $1.39 98/99 -02103 $1,517,065 $1,189,999 $1.37 (5) Selected 2003 -04 Limited Loss Rate: $1,39 Notes: (1) Page 22, Column (6). (2) Estimated by BAC. (3) Page 42, Column (3). (4) (1) x (2) / (3). (5) Selected on the basis of (4). Bay Actuarial Consultants Page 38 l4� City of El Segundo Actuarial Analysis of the General and Auto Liability Program Discounting Exhibits Page 39 Bay Actuarial Consultants L Present Value Exhibit 1 City of El Segundo General and Auto Liability Program Discounted Value of Unpaid Losses as of June 30, 2004 Assuming a 3.0% Interest Rate Notes: (1) Page 19, Column (6). (2) (3) / (1). (3) Based upon a 3.0% interest rate. Assumes mid -year payments. (4) [ Sum of Column (3) ] / ( Sum of Column (1) ]. Bay Actuarial Consultants Page 40 14 Projected Discounted Program Unpaid Discount Unpaid Year Losses Factor Losses - -(2).- _ (3.)- 1994-95 $0 0.985 $0 1995 -96 73,820 0.974 71,892 1996 -97 0 0.956 0 1997 -98 1,159 0.939 1,088 1998 -99 935 0.932 871 1999 -00 1,405 0.925 1,300 2000 -01 1,679 0.927 1,557 2001 -02 135,074 0.961 129,828 2002 -03 241,370 0.965 232,974 2003 -04 319,513 0.956 305,339 Total $774,955 $744,849 (4) Indicated Discount Factor: 0.961 Notes: (1) Page 19, Column (6). (2) (3) / (1). (3) Based upon a 3.0% interest rate. Assumes mid -year payments. (4) [ Sum of Column (3) ] / ( Sum of Column (1) ]. Bay Actuarial Consultants Page 40 14 Present Value Exhibit 2 City of El Segundo General and Auto Liability Program Discounted Value of 2004 -05 Losses as of July 1, 2004 Assuming a 3.0% Interest rate Program Projected Discounted Discounted Loss Value Value of Year Payments Factor Payments (1) (2) (3) 2004-05 $46,970 0.985 $46,281 2005 -06 114,598 0.957 109,628 2006 -07 112,782 0.929 104,749 2007 -08 50,742 0.902 45,755 2008 -09 6,583 0.875 5,763 2009 -10 2010 -11 3,432 0.850 2,917 2011 -12 2,756 0.825 2,274 2012 -13 1,409 0.801 1,129 2013 -14 1,554 2,592 0.778 0.755 1,208 2014 -15 1,721 0.733 1,957 1,262 Total $345,139 $322,923 (4) Indicated Discount Factor: 0.936 Notes: (1) Based upon the observed payment pattern. (2) Based upon a 3.0% interest rate. Assumes mid -year payments. (3) (1) x (2). (4) [ Sum of Column (3) ] / [ Sum of Column (1) ]. Bay Actuarial Consultants Page 41 145 Program Information City of El Segundo General and Auto Liability Program Program Information Program Years run July 1 to June 30 Notes: (1) Provided by Bickmore Risk Services. (2) Provided by Bickmore Risk Services. (3) Payroll trended to 2003 -04. Page 42 Bay Actuarial Consultants Self- Insured Payroll Program Retention Payroll Trended to 2003 -04 Year (SIR) ($00's) ($ 1 �- !3> (3) 1994 -95 $400,000 $138,208 $175,337 1995 -96 400,000 156,683 190,873 1996 -97 1997 400,000 161,309 191,890 -98 1998-99 400,000 400,000 184,456 183,175 215,132 1999 -00 400,000 203,622 213,964 234,612 2000 -01 2001 400,000 225,655 248,886 -02 2002 -03 400,000 400,000 231,789 246,634 2003 -04 400,000 239,438 247,579 245,902 2004 -05 ? 254,263 247,579 247,579 Notes: (1) Provided by Bickmore Risk Services. (2) Provided by Bickmore Risk Services. (3) Payroll trended to 2003 -04. Page 42 Bay Actuarial Consultants EL SEGUNDO CITY COUNCIL MEETING DATE: December21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to approve Field Allocation Task Force's and the Recreation and Parks Commission's recommendation on a proposed El Segundo Athletic Field /Facility Use and Allocation Policy. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: Approve proposed Athletic Field /Facility Use and Allocation Policy 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Field /Facility Allocation Policy Taskforce, comprised of the members of the El Segundo Youth Sports Council (Presidents of all El Segundo Youth Sports organizations), Representatives from the El Segundo High School Athletic Department, the El Segundo Recreation and Parks Commission Taskforce sub - committee members and staff (Recreation Superintendent, Parks Superintendent and Recreation /Sports Supervisor), met biweekly over the 10 months determining necessary updates of current procedures, qualifications and requirements of leagues for field use, allocation of seasonal sports timelines, forms, locations, waivers, insurances, rosters. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1- Athletic Field /Facility Use and Allocation Policy FISCAL IMPACT: None Operating Budget: WA Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: 6rI�� V%_-------- 1 z — 3 — c7 Lf Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: Mary Strenn, City Ma ger 16 Background and Discussion (con't): Outlined below are some of those significant issues that were covered by the Taskforce and the Recreation and Parks Commission: - FIELD /FACILITY ALLOCATION PROCEDURES: RULES AND REGULATIONS • Application & Agreement Permit Procedures • Liability Insurance & Hold Harmless Requirements • Fee Payment / Deposit ($200) / "3 Strikes Rule" Bond ($100) • Permit Cancellation / Notice of Field Exchange /Notice of Non -Use of Field • Fee Waiver Request Procedure • Starting & Ending Use Times / Site Specific Field Use • Traffic And Parking • Residency Requirements • Traditional /Seasonal Sports Use • Grandfather Clause - MAINTENANCE ISSUES • Rest And Renovation / Field /Facility Closures • Athletic Field Lining/Marking / Field Modifications • Sports Fields Inclement Weather Closure This proposed policy will be instrumental in allocation of fields and /or facilities for all leagues and teams. The Field / Facility Allocation Policy was reviewed and approved by the Taskforce and has been approved by the Recreation and Parks Commission to be recommended on to City Council. 1 }� i- Allocation Policy Proposal for Athletic Field/Facility Use and Allocation Policy Document in Progress: December 8, 2004 Recreation and Parks Commission - Approved: December 8, 2004 City Council - Approved: 14 :1 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 TABLE OF CONTENTS INTRODUCTION .......................... ............................... .. ............................... 3 DEFINITION OF TERMS ................................................. ............................... 3 ResidentStatus ........................................................ ............................... 3 YouthStatus .......................................................... ............................... 3 Non - Profit Status ........... 3 CITY AND RICHMOND ST. ATHLETIC FIELDS/FACILITIES .............................. 4 Priority Group Qualification: Group 1 -7 .......................... ............................... 4 PROCESS FOR OBTAINING PERMITS ............................... ............................... 4 -6 ? Application & Agreement ............................................ ...........................:... PermitProcedures .................................................... ............................... S Liability Insurance Requirements . ....... ........................ S .... Fee Payment ....................................................... y „. ................ . ........ ......... .... 5 Deposit ($200) .................... .. S Strikes Rule” Bond ($100) ... .... V.,. Permit Cancellation ... ........ `' , ....................................... Notice Of Field Exchange ..... + .... ...... ........ .............................. 6 Notice Of Non -Use Of Field .. ... : ................ .... 6 Fee Waiver Request Procedure . ......... .................................... 6 FIELD/FACILITY ALLOCATION, ,OCEDURES RULES &" "REGULATIONS........... 7 -9 Starting & Ending Use Times ..... .............:.................... ............................... 9 Site Specific Field Use .............'............. . ............ .................. Inclement Weather Field Closures ............................... ............................... 9 TrafficAnd Parking ................................................ ............................... 9 MAINTEENANCE ISSUES .............................................. ............................... RestAnd Renovation 10 .............................................. ............................... Field/Facility Closures ............................................. 10 ............................... Athletic Field Lining/Marking ...................................... 10 ............................... FieldModifications 10 .................................................. ............................... 10 SPORTS FIELDS INCLEMENT WEATHER CLOSURE POLICY ............................. 11 THREE STRIKES POLICY FOR PERMITTED USE OF ATHLETIC FIELDS/FACILITY........ 12 ATHLETIC FIELD/FACILITY USE RULES AND REGULATIONS .......................... 13 APPLICATION AND AGREEMENT REQUEST FOR USE OF CITY ......................... 14 HOLD HARMLESS AND INDEMNITY AGREEMENT ............. ............................... 15 15 -Ij City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 INTRODUCTION The City of El Segundo Recreation & Parks Department, Recreation Division coordinates and issues permits for the use of athletic fields and facilities to organizations and the general public for cultural, social and recreational activities and programs. The City also coordinates the use of the Richmond St. Fields, which is owned by the El Segundo Unified School District but is scheduled and maintained by the city. The purpose of this policy is to outline the City procedure and allocation priority for the permitted use of athletic fields /facilities. Due to the increased demand for the use of City fields it is imperative that all user groups abide by the policies and procedures set forth in this policy. Athletic fields and facilities are permitted and allocated in two 6 -month periods January through June and July through December. The Recreation Division will monitor proper use of allocations and permits.. Priority will be given to El Segundo Recreation and Parks programs, El Segundo Youth group organizatns and 1Segundo residents. It is possible that the City may charge to recover public costs to operate, maintain isupervise and administer the use of facilities. Submission of an Application and Agre etl ')tequest does not constitute approval. The Recreation & Parks Department Director will make, interpretation „of language in the Field Use and Allocation Policy. An appeal to the Director's decision = ru'st be submitteain writing with jus tication within ten (10) working days from the decision: DEFINITION OFTERM$ Resident,$tatus Resident status is defined as groups or organizations with at least`(75 %) or more El Segundo residents. Team rosters and/or individual participant utility bills/,photo ID may be required by City staff to verify residency status. Youth Status z Youth status is,defined as persons 18 years of age or under. Non- Profit Status To qualify as a Non - Profit user, the organization must meet all the criteria below. The organization must be registered as a not - for - profit corporation with the State of California, or if not registered with the State, must have a constitution, bylaws or mission statement which clearly state the objectives of the organization are of a non - profit, non - commercial nature. The organization must be comprised of volunteers, (75 %) of which must be El Segundo residents. The organization must submit the following: I. If incorporated, submit State Incorporation papers and bylaws; if not incorporated, submit constitution and bylaws or mission statement. 2. Current financial statement. 3. Roster of Officers 4. List of persons authorized to make reservations for your organization; must be El Segundo residents i51 3 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 CITY AND RICHMOND ST. FIELDS/FACILITIES Due to the limited number of fields and facilities available, the City of El Segundo Recreation & Parks Department has established a priority use. Priority Group Qualification: Group 1- 7 Priority use of fields /facilities will be allocated as follows: Group 1: City sponsored or co- sponsored events. City of El Segundo, Recreation and Parks Department youth or adult programs or leagues. Group 2: El Segundo Unified School District related programs. ESUSD has priority over groups;— 6. Group 3: Youth programs, organizations or events with 75% El Segundo residency status (AY, Q, Little League, ASA) "Everyone Plays" Philosophy. "Grandfather Clause ": At the onset of this policy „the El Segundo abe Ruth Baseballague was voted in by the Youth Sports Council, to be "grandfathered” in at lGroup 3" classification by maintaining 60% El Sggun q residency. Group 4: Youth Club programs, organizdtions or events with *% El Segundo residency status.' ;4 Group S: Adult programs, organizations or events with 75% 6 egundo residency status. Group 6`i Youth programs, organizations or events with under 75% El Segundo residency. Group 7i Adult programs, organizations or events with under 75% El Segundo residency. PROCESS FOR OBTAINING PERMITS Application and Agreement (Traditional Seasons) Fields /facilities are permitted to El Segundo residents and allocated in two, 6 -month increments. Each organization is required to sign and submit an Athletic Field/Facility Use Rules and Regulations form on page 13, Application and Agreement Request For Use of City of El Segundo facilities on page 14 and Hold Harmless and Indemnity Agreement form on page 15 and proof of insurance by the first week of November for the January 1 through June 30 use period and by the first week of May for the July 1 through December 31 use period. Roster must be submitted for verification one week following final league registration date. Multiple -use reservations may be made for more than one date or with recurring weekly use. Any person or organization missing these deadlines will have access to any remaining fields /facilities after the allocation process is finalized on a first come first served basis. Submission of a request does not constitute approval. Submission of an Application and Agreement Request For Use of City of El Segundo facilities does not constitute approval. Approval is given according to allocation policy, after fees are paid and when a permit is issued. Every effort will be made to accommodate user group's use of felds. Priority of fields will be given to traditional primary season sports and by priority grouping. • Baseball, Babe Ruth, Softball (ASA): February I — Mid August • AYSO, Football, Soccer Mid August — is' Week of December 15 �. 4 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 • Field Closures: ANNUAL (* Also Noted on Page 10 *) • Stevenson Field: 2"d week of December — February 14 • George Brett Field: 2nd week of December —1 week before ESLL Opening Day • Rec Park Softball Field. December 1— January 31 • Richmond St. Fields: 2"d week of July — August 31 Permit Procedures Requests to permit the use of City fields and facilities in El Segundo are made through the City of El Segundo Recreation & Parks Department Recreation Division at 401 Sheldon Street, El Segundo. (310) 524 -2700. Groups of 10 or more individuals who wish to utilize an athletic field or facility must complete an appropriate application and the rules and regulations form. 3.: An Application and Agreement Request For Use of City of El Segundo facilities is required and must be submitted at the Bi- Annual Youth Sports Council Meetings by league repr enlatives or a inimum of one week or 5 working days prior to the requested use date by individualsgr :Fps (based on availability). Any payments, $100 "3 Strikes Rule" Bond, and /or $200 Security Deposit are due in full at the, n e the permit request is submitted. Game and practice schedules are regh re to be submittedi"ind will be used by City staff to t%sure fields are being used as allocated. If fields and facilities are not used as requestedpermits may be rescinded. Groups or organizations `r using fields and facilifies as stated, m4 "lose their permit and/or priority allocation consideration for future allocations. Please see "T r , e Sirikes Rule" page 12. Liability Insurance Requirements FACILITY`USER shall secure and maintain, throughout the period of use contemplated under this agreement, general liability insurance with policy limits of not less that $1,000,000 per occurrence. The City of El Segundo, it's elected and appointed officials, officers, agents and employees shall be named as additional insured by endorsement. Such policy or policies of insurance shall further provide that said policies of FACILIT'USER shall be primary over any insurance held by CITY that may be applicable. The types and limits of insurance may be changed from time to time as determined by the City of El Segundo Risk Manager. FACILITY USER agrees to hold the City of El Segundo harmless and free from any liability of any nature arising out of the use of City Recreational Facilities, to include reimbursement of any legal costs and fees incurred in defense of such claims. Fee Payment Payment in advance of use is required. Cash, check, money order or credit card may be used for payment at least 2 weeks prior to the requested use. If payment is made less than 5 days prior to use, only cash, money order or credit card will be accepted. Payment plans may be arranged for multiple -use date reservations. A maintenance fee may be required by the City to assist maintain and/or repair City or District athletic fieldsffacilities. Deposit ($200) A deposit may be required on permit reservations and competitive and/or league athletic group rentals. A deposit may be required by permit or for each field. The deposit will be refunded if the group abides by all Athletic Field/Facility Use and Allocation Policy Rules and Regulations and pertinent City codes. 15 ;; 5 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 "3 Strikes Rule" Bond ($100) A bond is required on permit reservations and competitive and/or league athletic group rentals. Each youth sports league is required to submit a bond payment. The bond will be refunded if the group abides by all policies set forth in the "3 Strikes Rule" and all pertinent City Municipal Codes. If a bond is forfeited, the league must submit a new bond payment prior to continuance of reservation privileges. Permit Cancellation Permits may be canceled and/or rescheduled. Permits canceled by the City or due to inclement weather may be rescheduled as availability allows or may be refunded in full. Permits canceled by the user at least 5 days prior to the event will be refunded in full. No refunds will be issued if canceled with fewer than 5 days notice. User groups with fee waivers may be billed for fields that they have reserved and have not used The City of El Segundo may cancel use of City maintained fields /facilities for,any of the following: • City begins work involving any of the facilities. • When the health and safety of participants are thie'atened due to 1°iptpending "conditions, including but not limited to heavy,ruin smog- alerts, pesticide spraying, and earthquakes. • Non adherence to Athletic Field/Facility Use find Allocagon Policor City ordinance. • ESUSDtcgnitels use offelds under the direction<of their ildministrative office. Notice of Field Exchange Organizations may give up or exchange their allocation, or any part of it, with an organization of equal or greater allocation priority only when all the parties agree in writing and the Recreation Division reissues the permit. Notice 6f' Non-Use of Field Any organization that has been allocated space and does not intend to use it according to the permit, shall notify the "Recreation Division so that the fields /facilities may be reallocated or otherwise used at its maximum. User groups with fee waivers may be billed for fields that they have reserved and have not used (see Permit Cancellation). Also, non -use of afield may result in revocation of the allocated field. Please see "Three Strikes Rule" page 12. Fee Waiver Request Procedure Applicants requesting a fee waiver for use of athletic fields and facilities must do so in writing to the Recreation & Parks Director. Requests will be recommended to City Council. The fee waiver process will take a minimum of 6 to 8 weeks. The Recreation & Parks Department Director has the authority to grant fee waivers under special circumstances for an event or season. The City of El Segundo qualifying Groups 1 or 2 with City Council approval may receive a fee waiver. User groups with fee waivers may be billed for fields that they have reserved and have not used 154 6 City or El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 FIELDIFACILITYALLOCATION PROCEDURES, RULES & REGULATIONS Allocation of fields and facilities will follow the Athletic Fields /Facility Use and Allocation Policy. Fields and facilities will be allocated and permitted in two, 6 -month increments: January through June, and July through December. This semi - annual allocation is not intended to interrupt field assignments for teams and/or organizations during the course of a season that has already started. After high school schedules are confirmed, the City will work with other user groups to secure fields. Fields /facilities will be allocated by priority use. Fields will be allocated to teams /organizations based on the percentage of verifiable total El Segundo residents participating on that team /organization in relation to all teams in that priority group... Verification of El Segundo residency will be established by providing such documentation as City staff deems necessary up to and including team rosters and player addresses. Fields /facilities will be allocated without regard to coiirtitive level of skill. Several sports play year round witk# primary- season of play and an off - season of play. Th .primary season of each sport will determine whether "the field is considered a baseball or a soccer /utility j1eld on multiple - use sites combining baseball and soccer /utility fields. League and organization presidents must provide'schedules�that indicate all allocated fields are being used. Fields not being utilized by the "appropriate organization or team indicated on the use schedules three times during,a season and/or the reserved period of use the field will be reassigned Teams and organizations will be notified when a fieldrhas gone' ithout use by City staff and also prior to reassignment. Please see Three Strikes Rule page 12. Toumaments and Special Events are hosted by the City and/or El Segundo resident youth organizations throughout the year. The City reserves the right to re- assign field assignments to accommodate the needs for these tournaments and/or special events. All organizations hosting one tournament per season using City maintained fields must meet with City staff at least 30 days prior to the tournament date to complete a Tournament Orientation Form. All leagues wishing to host more than one tournament per season must make their request in writing to the Recreation and Parks Department Commission prior to the 30 -day notice required by the Recreation and Parks Department (6 -8 weeks minimum). After all requirements for application of field use are met a formal permit will be issued authorizing use of City maintained fields. A copy of the permit must be available at each site approved for use for inspection by City staff, as well as Field Ambassadors and Police. Requests for additional use or programs not covered by the Athletic Field/Facility Use and Allocation Policy should be addressed in writing to the Recreation Superintendent. City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 In addition to the Application and Agreement Request For Use of City of El Segundo Fields /Facility form, a completed copy of the Athletic Field Use Rules and Regulations Form is required. Please see "Athletic Field Use Rules and Regulations" page 14. Applicants are required to abide by the specific rules of the application as well as other City codes. Failure to comply may result in a strike, retention of a group's deposit, and/or cancellation of any current or future permits. Please see "Three Strikes Rule" page 12. These rules include but are not limited to: • Groups consisting of ten or more individuals wishing to utilize a field must acquire a permit with the City of El Segundo. Field use permit must be available during use and presented to any City representative upon request. It is the League%rganizations president or their Field Coordinator's responsibility to make sure coaches receive and understand that permits must be on site during field use. • It is the responsibility of the organization president and the individual identified a person in charge of the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities. • Use begins and ends at the times stated on the #perliit including set -u and clean up. roups are not allowed on fields prior to the start time on the permit and are to — &Io have the fields clean, picked up and be off the fields at the endit time indicated onAe permit: Check your permit fo'x4specific times you may dttsess the fields. • Use will endwatdusk on unlighted fields and by 9 p.m. or"10 p.m. on lighted fields except where noted on Site Specific Field Use (page 9). Check yourpermit for specific times you may access the fields. • Parking is allowed in designated areas only. No vehicles are allowed on City or District fields or property, other than parking lots, without written permission noted on the permit issued by the City of El Segundo, I1ser groups "must inform their participants and spectators to park in facility parking lots and public parking areas. • Alcoholic beverages are not allowed in City parks, fields, schools, or adjacent areas (E.S. Municipal Code, SEC. 13.04.040) • Selling food or other items is not allowed without City approval and must be noted on the permit. • Amplified sound is not allowed on any field without City approval and must be noted on the permit. The use of artificial noisemakers, horns, rattles, bells, and whistles by spectators are not allowed. • Banners may not be posted without City approval and noted on your permit. • Balls and any other equipment thrown, batted, kicked, or otherwise land on private property must not be retrieved without the property owner's permission. • Property boundary walls and fences are not to be used as backstops at any time. • Portable goals and/or markers are allowed but must be removed daily. 15 6 8 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 • At the conclusion of games or practice each user group is responsible for picking up trash and debris and depositing it into the proper trash bins. The field and any adjoining areas affected by a group's use must be picked up and cleared of all trash or full refund of deposit may be in jeopardy. • Please leave school and park areas immediately after games and practices safely and quietly, especially after late games. For the benefit of our community, please practice being good neighbors in residential neighborhoods. Starting & Ending Use Times City fields maybe permitted as available beginning 8 a.m. Unlit field use ends at dusk. Lighted field use ends at 9 p.m. or 10 p.m. Check your permit for specific times you may access the fields. Exceptions to these time frames are allowed with the permission of the Recreation Superintendent. Site Specific Field Use Some sites have restricted use due to the location of the athletic field`s, neighborhoods with limited parking and/or fields directly adjacent to residences. Additional site- specif fineasures may be added to reduce residents concerns adjacent to the a le,,Fig feld facilities. Check your permit for specific times,pu may access the fields and the number of fields ailocated for your use. Inclement Weather Field Closures In the ever =of inclezent weather fields ' may be closed. is- the user group's responsibility to call the Recreation and Parks Department Field Condinsloiline at, (3l4°k 524 -2883 after I2 :00 pm Monday through-,Friday or after 7.30 am Saturd , <and Sunday to verifplbld closures. Groups cannot play on fields that have been closed: See Sports Fieldsnclement Weather Policy on page 11. Traffic and Parkin` g User groups must inform their participants and spectators to park in facility parking lots and public parking areas. If needed, user groups should post directional signs to assist participants and spectators to appropriate parking areas. When traffic and/or parking are an issue or during post- season tournament play, the user group or organization must provide volunteers to direct participants and spectators to designated parking areas. It is the users responsibility to alleviate traffic and parking issues. No vehicles are allowed on City or District fields or property, other than parking lots, without written permission noted on the use permit issued by the City of El Segundo. 1Ji 9 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 MAINTENANCE ISSUES Rest and Renovation An annual rest and renovation program is scheduled at all allocated sites. The City does attempt to be flexible in accommodating user groups but, ultimately, the health and safety of the user and the condition and playability of the fields or facilities takes priority. This may require the closure of fields or facilities, denial of use of afield, and/or alternate sites for athletic use. Field /Facility Closures Fields /Facilities may be closed at the discretion of the Recreation Superintendent and/or Parks Superintendent or their designated representatives. Closures are kept to a minimum when fields /facilities remain ' playable condition. Priority is given to maintenance needs and rest and renovation periods for all fields. %"e City may close field facilities for any of the following: City engages in work involving any of the fields or facilities. When the health and safety of participants are threatened due to impaling conditions, including but not limited to, rain, muddy conditions,, smog alerts, pesticide application and earthquakes. Field Closures: ANNUAL Stevenson Field. 2nd week of December — February 14 G"ebrg Brett field: 2'd:$Oek of December -week before FSLL Opening Day Rec Park So�ball Field: December 1— J�a nary 91 Richmond St. Fields: 2"d week of July —August 31 Athletic Field Lining /Marking L ,Lining of qty fields is prohibited unless otherwise authorized by Parks Superintendent. 2. Burning lines on City fields is not permitted. 3.' _,Ty userfailing to comply with established guidelines and notification requests are subject to pay for all "damages occurring to the facility and the termination of field use permit. Please see "Three Strikes Rule" page 12. Field Modifications Requests to modify or improve any City facility shall be submitted for review to the City of El Segundo Recreation Division for consideration. No permanent structures or equipment shall be erected on facility unless approved by the City and is dedicated for community use. Requests to modify field size for multiple -use shall be submitted for review to the City of El Segundo Recreation Division for consideration. Users may not modify afield for use by more than two teams without approval noted on your permit. Adding additional fields to a site without permission will result in a Strike. Please see "Three Strikes Rule" page 12. Modified fields for multiple -use will be billed appropriately. 158 10 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 SPORTS FIELDS INCLEMENT WEATHER CLOSURE POLICY PURPOSE City athletic fields have been designed and are maintained for the enjoyment and use of El Segundo residents. The purpose of this policy is to guide the use of City athletic fields, to prevent damage to the playing surface and injuries to field users brought upon by inclement weather or unsafe playing conditions. An effective field maintenance program is essential for safe, quality conscious fields and sport complexes. User groups are asked to help us by accepting and adhering to these rules. Groups who use City athletic facilities are expected to assist in protecting their participants and fields during period of rain or inclement weather. It only takes one practice or game to destroy afield that is not ready. for play. POLICY City of El Segundo reserves the right to cancel or suspend approved outdoor ildy a ifield'114se permits for games, practices and other uses whenever it is anticipated that weath`or d conditions could result in damage to the fields or injury to players. t3 Permits may also be cancelled when tlq? health and sq/e y of participants are threatened dgO, to impending conditions, including but not limited to heavy rains, smog�alerts, pesticide dpltion, and earthquakes. PROCEDURE" The Directs of Recreation and Parks Department or designated r�epre ' tive shall have the authority to close any or all athletic folds whenever 'weather or field cond&bns dictate. During inclement weather, City maintenance representatives will assess the playability of all City athletic fields to determine if use will occur that day. It is the user group ,responsibility to call the Recreation & Parks Department Field Conditions Hotline @ (310) 524 -2883 after 12:00 p.n. Monday - Friday or after 7:30 a.m. Saturday and Sunday to verify field closures. Goup cannot play on fields that have been closed. Please see "Three Strikes Rule" page 12. Parks maintenance staff shall be responsible for assessing field conditions from 6:30 a.m. to 4:00 p.m., Monday through Friday and from 6:30 a.m. to 1:00 p.m., Saturday and Sunday. Recreation staff will be responsible for these functions after 4:00 p.m., Monday through Friday and after 1:00 p.m. on Saturday and Sunday. Should weather conditions improve, maintenance staff will reassess field playability and reopen fields IF conditions dictate. Field use or playability will be determined by safety conditions and/or hazards that could be deterrent to the welfare of user /players; existing and forecasted weather conditions for the day; and potential damage to the field due to play or practice use. The City requests that individuals and groups refrain or limit their use of heavy traffic areas during Practices, regardless of weather, to assist in providing the best field conditions possible, i.e., soccer goal areas, pitching areas, etc. Groups or individuals that do not comply with the guidelines contained in this policy may have current and future field use permits cancelled and /or may be held liable for repair of facilities. Please see "Three Strikes Rule "page 12. 1 J( I1 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 "THREE STRIKES RULE" POLICY FOR PERMITTED USE OF ATHLETIC FIELDS /FACILITY PURPOSE The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Athletic Field Use and Allocation Policy. POLICY City of El Segundo reserves the right to cancel or suspend fteldffacility permits for games, practices, and other usages based upon user groups violating the City Municipal Code or the established Athletic Field Use and Allocation Policy. EXAMPLES In the event of inclement weather, wet fields may be closed. It is the user group's responsibility to call tlyr. and Parks Department's Park Condition Hotline at 310 -524 -2883 to verify field closures. Groups.cannot playlithfields that have been closed. If play does take place the City may bill the user group for damage toslhe Id(s). Violations may constitute a strike against the organization. If fields are not used as requested, permits maybe rescinded. Organizations not uWng fields as stated on the permit may lose field and/or priority field allocation consideration for future allacations. Violations m constitute arike against the organization. Any user organization that has been ¢notated space and does not intend to use it regularly, shall notify the*creation Division so fields may be re- allocated or otherwise used at its maximum. Violations may CO*tute a strike against the organization. If any user organization that fails to canvas bleacher area} amfleaves excess trash, around, these violations may constitute a strike against the organization. STRIKE`OAW Strike one consists of documented activity in diiiet violation of the City Municipal Code or Athletic Field Use and Allocation Policy. Penalty. retter will be written to the user group's president and field allocation representative documenting the violation. A field report and/or pictures of the violation will be included for reference. The letter will be placed in the group's file. This may be appealed to the Recreation & Parks Department Director. STRIKE TWO Strike two occurs after a second documented violation within the permit period Penally. The group will be informed by letter that a Field Ambassador will be assigned to their permitted activity at the respective park where the violation occurred. The permitted group will be billed for the assigned hours of the Field Ambassador at the appropriate rate per hour. The Field Ambassador will act as a staffperson on duty to monitor activity at the site and to report further violations to the City. This may be appealed to the Recreation & Parks Department Director. STRIKE THREE Strike three occurs after the third documented violation within the permitted period. Penally. Upon an organization reaching a 3rd strike the $100 bond will be forfeited to the City of El Segundo. Another $100 bond must be provided prior to continuance of reservation privileges. Each subsequent violation (4`h, 5`h, 6`h Strike... etc.) during the remainder of the permit will cause the organization to forfeit the $100 bond per occurrence. * In the event that an organization which holds a field permit cannot reach the Sports Supervisor @ 524 -2702 (please leave a message) for cancellation notification, prior to scheduled/permitted time... the organization representative should immediately contact the Field Ambassador @ 505 -7969. A strike will not be issued if prior notification was given! 12 6 a} City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 ATHLETIC FIELD /FACILITY USE RULES AND REGULATIONS 1. Groups consisting often or more individuals wishing to utilize a fieldlfacility must acquire a permit with the City of El Segundo. 2. It is the responsibility of the person in charge identified on the permit to enforce the rules and regulations regarding the conduct of the group while on permitted facilities. These rules include but are not limited to: Use will begin no earlier than 8:00 am —Monday —Saturday and no earlier than 9:00 am on Sunday. Use will end at dusk on non - lighted fields and by 10:00 pm on all lighted fields; except Richmond St. Field, which closes at 9:00 pm. Please check your permit for specific times you may access the fields. Use begins and ends at the times stated on the permit, including set -up and clean -up. Groups are not allowed on fds prior to the start time on the permit and are required to have the fields clean, picked up and be off the felds.atthe ent(ing'time indicated on the permit. Parking is allowed in designated areas only. Applicant's Field Use Permit must be available during use and presented to any,City representative upoti quest. V Alcoholic beverages are not allowed in City parks, fields, sc or adjacent areas. (ES„�;iNunictpal Code,'$EC 13.04.040) Selling of food or other items is not allowed without City approval dnd will be noted on your permit. Ampli e,4 sound is not allowed on any field without City approval Td will be'iloted on your permit. The use of artificial noisemakers, horns, .rattles,, bells, and Whistles by spectator" he'rroi' allowed. Applicant is responsible for notification to residents adjacent to the field requested during any o4all special events. Permanent banners may not be posted without City approval and will be noted on your permit. Balls and any other equipment thrown, hatted, kicked, or otherwise land on private property must not be retrieved without the property owner's permission. Property boundary walls and fences are not to be used as backstops at any time. .• Portable goals and/or markers are allowed but must be removed daily. At the conclusion of games or practice each user group is responsible for picking up trash and debris and depositing it into the proper trash bins. The field and any adjoining areas affected by a group's use must be picked up and cleared of all trash. Please leave school and park areas immediately after games and practices safely and quietly, especially after late games. Please practice being good neighbors in our residential neighborhoods. 3. Wet Field Policy: Groups may not play on fields closed due to wet field conditions. It is the responsibility of groups to access field closure information by phoning the Recreation and Parks Department Field Conditions Hotline @ (310) 524 -2883 after 12:00 pm Monday —Friday or after 7:30 am Saturday and Sunday. (Updated with closure information as needed) 4. Non - adherence to any of these rules or City ordinance may result in the retention of a portion or all of the deposit and/or result in the cancellation of current and/or prohibition offuture use. Recreation Division Field Ambassador Assistance Police Department Emergencies Only (310) 524 -2700 (310) 524 -2700 (310) 524 -2200 911 or (310) 524 -2760 Applicant Name: (Title) Approved b (Signature) (Date) PP Y City Representative: (PrinilSignature) (Date & Title) t .l 131 13 City of El Segundo * Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 Application and Agreement Request For Use of City of El Segundo In accordance with the Joint Use Agreement between the Athletic ty f Et Segundo and El Segundo Unified School District, the City will be the responsible agency for scheduling and permitting all City owned and Richmond Street fields and athletic facilities located within El Segundo City limits after 4 p.m. weekdays and all day on weekends. Submission of an Application and Agreement Request does not constitute approval. Approval is given according to the allocation policy, field/facility availability, after fees are paid and when a permit is issued. Organization Name of Applicant Address Home Phone( ) Fax Number Field/Facility Requested Description of Activity Estimated Attendance Day,of Week Dates (s) El Segundo Recreation Division 401 Sheldon Street, El Segundo CA 90245 Phone 310 - 524 -2700 FAX 310- 647 -4223 www.elsegundo.org City & zip Day Phone ( ) E -Mail Address - Open: to the Public Yes_ No Start Time - Include Set -up End Time ** Lining/Marking of athletic fields is prohibited unless otherwise authorized by Parks Superintendent I verify that the information on this Application and Agreement Request for Use of Athletic Fields / Facilities form is correct as defined in the within the acceptable Athletic Field Use & Allocation Policy and understand the possible consequences if the information is incorrect or misleadin boundaries as described in the allocation policy. I have read the Application and Agreement and agree to all provisions listed on within Application, the Athletic Field Use & Allocation Policy, Rules and Regulations and disclaimers applied to issued permits and will communicate this information to our coaches and participants. Signature ofApplicam Signature of Organization President or AD Date **** * * * * * * * * * * * * * * * * * * * «* ** * * * * * * ** Date OFFICE USE ONLY **** * * * * * * « * * * * * * * * * * * * * * * * * * * * * * ** ORGANIZATION PRIORITY 1 2 3 4 5 6 PERMIT NUMBER 14 18 City of El Segundo ♦ Recreation & Parks Department, Recreation Division ATHLETIC FIELD/FACILITY USE AND ALLOCATION POLICY December 2004 The City Of El Segundo does not assume responsibility of liability for claims, damages, or injuries, of whatever nature, which may arise from use of the fields. Dated this — day of 20_. By: Recreation Supervisor By: Recreation & Parks Director the authorized*hVpv$entative Of hereby acknowledge that I have terms il do rya and cow"' us, Of this flell'all6cation po icY;"* the terms and conditforgs areQ�cceptableand User Group agrees 0 1� , I I , , I t ayidO �by, COMPIX with, and accept fu and complete responsibAYtheiefore. Dated this d# of 20 By'.. Authorized Representative 15 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution of the El Segundo City Council declaring its intent to and authorizing the filing of an appeal of the approval of the Los Angeles International Airport (LAX) Master Plan to the Los Angeles County Airport Land Use Commission (ALUC). RECOMMENDED COUNCIL ACTION: 1) Adopt resolution; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 7, 2004, the Los Angeles City Council approved the Los Angeles International Airport (LAX) Master Plan, the LAX Plan, the Airport Layout Plan, Draft Relocation Plan and Code Amendments, Zone Changes and Tentative Tract Maps, collectively known as "the Project." In addition the Los Angeles City Council took action to certify the Environmental Impact (EIR) for the Project. The Project, as has been well- documented, represents a significant effort to provide new airport facilities, runway improvements, transportation and infrastructure improvements and related improvements related to the development of LAX. For the past several years, the City of El Segundo has been actively involved in the airport planning process, including recent concentrated efforts to reach a binding agreement with the City of Los Angeles that would ensure that LAX would not exceed its current capacity of 78.9 MAP. During the course of those negotiations, the City of El Segundo has taken great care to preserve all of its options (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Draft Resolution. FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No Mary , City Manager / / /Wy 17 Background and Discussion (con't): to challenge the Project, including its rights of appeal. Attached is a resolution stating the City of El Segundo's intent to, and authorizing the City's legal counsel to file an appeal to the Los Angeles City Council's approval of the Project with the Los Angeles County Airport Land Use Commission (ALUC). Since the Master Plan was adopted on December 7, 2004, the City of El Segundo must file its appeal with ALUC by January 6, 2005. Negotiations between the City of El Segundo and City of Los Angeles regarding the Master Plan are ongoing. This action is being recommended to preserve all of the City of El Segundo's options regarding the development of LAX. 16,; RESOLUTION NO. A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL DECLARING ITS INTENT TO AND AUTHORIZING THE FILING OF AN APPEAL OF THE APPROVAL OF THE LAX MASTER PLAN TO THE LOS ANGELES COUNTY AIRPORT LAND USE COMMISSION The City Council of the City of El Segundo does hereby resolve as follows: Section 1: The City Council finds and declares as follows: A. On December 7, 2004, the Los Angeles City Council approved the Los Angeles International Airport ( "LAX ") Master Plan, the LAX Plan, the Airport Layout Plan, and Draft Relocation Plan, as well as associated General Plan Amendments, Code Amendments, Zone Changes, and Tentative Tract Maps (collectively, "the Project'), and certified the environmental impact report ( "EIR ") for the Project; B. The Project calls for construction of significant new development at LAX, resulting in substantial new airport facilities, runway improvements, transportation projects, and related infrastructure improvements, with an estimated ultimate cost exceeding $11 billion; C. The City of Los Angeles has stated that the Master Plan will not serve more than 78.9 million annual passengers (MAP), which Los Angeles asserts is both the existing capacity of LAX and the capacity of the airport after the completion of the improvements called for in the Master Plan as adopted December 7, 2004; D. During the nearly ten -year process of developing the Project, the City of El Segundo has actively and continually participated in the airport planning process and has expressed its concerns regarding the Master Plan process to both the Los Angeles Board of Airport Commissioners and the Los Angeles City Council, through formal comment letters, public testimony, and other communications. El Segundo has, specifically, expressed its strong and ongoing concern that the Project will result in an airport capacity far exceeding 78.9 MAP; E. El Segundo has retained technical experts to assist in the analysis of airport capacity and airport planning, and has made ongoing efforts to assist Los Angeles to develop enforceable means of assuring that the capacity of LAX will not exceed 78.9 MAP under the new LAX Master Plan; F. Maintaining the capacity of LAX at 78.9 MAP is essential to encouraging and fostering a coordinated regional planning approach for the future development of the airports in the greater Los Angeles area; G. During the ongoing planning effort that has resulted in the adoption of the LAX Master Plan, the City of El Segundo has expressed concern, in comment letters, 16 F, public testimony, and other forms, that the EIR does not adequately disclose the Project's environmental impacts or ensure their mitigation, and these environmental concerns have not yet been addressed to the satisfaction of El Segundo; H. The City of Los Angeles' approval of the LAX Master Plan without adequate assurance that it will not cause the airport's capacity to significantly exceed 78.9 MAP, and El Segundo's concern that substantial environmental issues have not been adequately addressed, are significant unresolved issues regarding airport planning between it and the City of El Segundo and, therefore, represent an "impasse" as defined by the Review Procedures of the Los Angeles County Airport Land Use Commission ( "ALUC "); I. Because of the significant unresolved issues relating to the LAX Master Plan between the City of El Segundo and the City of Los Angeles, the City of El Segundo has available to it a remedy under the procedures of the Los Angeles County Airport Land Use Commission, to appeal to the ALUC, for a determination of whether the Project is consistent with the purposes of Article 3.5 of Chapter 4 of the State Aeronautics Act, as set forth in Sections 21670, et seq. of the Public Utilities Code ( "the Aeronautics Act "). The purposes of the Aeronautics Act include the orderly development of airports and the protection of communities around airports from excessive noise and other hazards; J. On August 26, 2004, the ALUC unanimously resolved that the Project is inconsistent with the County Airport Land Use Plan due to the Project's creation of additional noise and safety hazards; K. Because the Master Plan as adopted fails to provide adequate assurances that planning approach, and increases noise and the airport's capacity will not exceed 78.9 MAP, fails to facilitate a regional airport around the airport, including El Segundo, El S safety hazards i communities r S egundo has concluded that the LAX Master Plan is inconsistent with the purposes of the Aeronautics Act, and that an appeal to the ALUC is therefore appropriate. Section 2: The City Council of the City of El Segundo hereby declares its intention to appeal the approval by Los Angeles of the LAX Master Plan to the ALUC, and accordingly authorizes its outside legal counsel to prepare such appeal for submittal to the ALUC within 30 days of the December 7, 2004 action of the Los Angeles City Council. Section 3: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of the City; and will make a record of proceedings of the City Council in the Minutes of the Meeting at which same is passed and adopted. 167 Section 4: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this _ day of 2004. Kelly McDowell, Mayor ATTEST: Cindy Mortesen, City Clerk APPRO Mark D. Karl H. Berger Assistant City', 1 (3 8 EL SEGUNDO CITY COUNCIL MEETING DATE: December 21, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — Mayor AGENDA DESCRIPTION: Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. KLUUMMENDED COUNCIL ACTION: Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows; or, alternatively, discuss and take other action related to this item: 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted); 3) Grant a free business license for a non - profit organization (ESMC 4 -1 -7); 4) Waiver of ESMC 8 -4 -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); and 6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals; 7) Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1); 8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4). Additionally, Mr. S. Claus has been directed to the Coastal Commission for clearance over the ocean; D.M.V. for a valid vehicle registration; Department of Health & Welfare to ensure his elves are receiving minimum wage; and the Air Quality Management District to ensure a safe and clear sleigh ride. BACKGROUND & DISCUSSION: Were Mr. S. Claus required to obtain all of the necessary permits, he would not be able to start his business until after June 1, 2005. Since Mr. Claus has shown good faith during previous business endeavors, and his business would be welcomed by the Community as a whole, Council should waive the fees and permits required. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: N/A Amount Requested: Account Number: Project Phase: Yes No Mayor Kelly M,cDowel REVIEWED BY- M 4 It r City Mal DATE: December 10, 2004 DATE: December' , 2004 $6 () ffeol