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2004 MAR 16 CC PACKET - 2EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action amending the El Segundo Municipal Code (ESMC) uniform newsrack locations and RECOMMENDED 1. Discussion; 2. Introduction of Ordinance and waive first reading; 3. Schedule second reading and adoption of Ordinance on April 6, 2004; or 4. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 2, 2003, the ESMC regarding newsracks was amended to: 1) revise newsrack placement regulations; 2) include lottery provisions for selection of specific newsracks at uniform locations; 3) allow for the adoption of a resolution establishing uniform locations; and 4) provide specifications for the type of newsracks to be installed at the uniform locations in the downtown. On February 3, 2003, a resolution was approved by the City Council which identified 10 uniform locations in the downtown and provided specifications regarding the type of newracks to be installed. At that meeting, City Council directed staff to investigate the feasibility of revisions to the newsrack ordinance in order to accommodate local newspapers. Staff investigated newsrack regulations from other jurisdictions. That investigation revealed that some public entities give preference to newspapers of general circulation adjudicated forthat jurisdiction when the local public entity is required to publish legal notices in such newspapers. Continued..... ATTACHED SUPPORTING DOCUMENTS: A. Proposed Draft Ordinance B. Approved Uniform Locations Map FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: —Yes _X_ No ORIGINATED BY: DATE: Jars ��� . Hansen, Director of Community, Economic and Development Services BY: DATE: Mary , tren ity Manager �� °�g 2 198 At City Council's direction, staff prepared the attached draft ordinance which would remove the current manner for allocating space to newspapers in the downtown specific plan area. The ESMC currently contains a lottery procedure for assigning spots within the downtown area. The draft ordinance would establish categories of newspapers and prioritize those categories for placement in the uniform locations. As proposed, the ordinance would give first preference to newspapers determined by court order to be a newspaper of general circulation within the City's jurisdiction. It appears that the only newspaper that currently meets this definition is the El Segundo Herald. Placement of other newspapers within the uniform locations would be determined based, in part, on circulation and frequency of publication. 1,99 Exhibit A ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 9-4 -160 AND ADDING SECTION 9-4 -165 TO THE EL SEGUNDO MUNICIPAL CODE TO REGULATE PLACEMENT OF NEWSPAPERS AT UNIFORM NEWSRACK LOCATIONS. The city council of the city of El Segundo does ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 9 -4 -160 is amended to read as follows: "9-4 -160: UNIFORM NEWSRACKS. A. By resolution, the council may from time to time establish uniform newsrack locations. The council must first hold a public hearing for which notice must be sent at least fifteen (15) days in advance to all persons requesting notice, or whose name and address appears on an existing newsrack in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform newsracks are feasible at the location, and that it is in the public interest for such newsracks. B. The resolution must describe the location; designate the particular point(s) at that location where uniform newsracks may be installed; specify the maximum number of uniform newsracks to be allowed at the location; and specify the style, size, color or other attributes required of uniform newsracks at the location. Such specification should not require uniform newsracks made by any particular manufacturer. The resolution may direct the administrator to install a kiosk(s), pedestal(s), or other support structure to accommodate a stated number of newsracks. C. No person may install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the administrator. D. Upon the adoption of a resolution by council establishing a uniform newsrack location, interested persons may apply for such permit. The administrator must hold all such applications for thirty (30) days after Page 1 of 4 [N:\SLane \Ordinances\Amend newrack ordv2 - clean3- 16- 04.docj March 8, 2004 200 the date the resolution was adopted and may then issue all permits applied for up to the maximum number established, if any, in the resolution. E. No fee will be charged for the uniform newsrack permit. F. A uniform newsrack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter." SECTION 2: A new § 9 -4 -165 is added to the ESMC to read as follows: "9-4 -165: PRIORITY SYSTEM FOR UNIFORM NEWSRACK PERMITS. A. Uniform Newsrack permits are determined on a priority system as follows: 1. The administrator will give first priority to newspapers that are adjudicated to be newspapers of general circulation in the city of El Segundo in accordance with Government Code §§ 6020, et seq. when applicable law requires the city to publish its legal notices in such newspapers. 2. The administrator will give second priority to all other newspapers that are not adjudicated to be newspapers of general circulation within the city of El Segundo. B. Should there be a conflict between newspapers within the same priority seeking the same uniform newsrack location, and there are insufficient uniform newsrack locations to accommodate the competing newspapers after first filling as many uniform newsrack locations as possible by utilizing the criteria set forth above, then the administrator will assign uniform newsrack locations at random by placing the names of all applicants for the remaining spaces at a uniform newsrack location into a container from which the names will be drawn one at a time until the remaining uniform newsrack locations are assigned. Such drawing is open to the public at a time and date designated by the administrator. C. Applications remaining after assignment of all uniform newsrack locations must be denied. Where fewer applications are received than Page 2 of 4 [NASLane \OrdinancesWmend newrack ordv2 - clean3- 16- 04.doc] March 8, 2004 201 the maximum number of spaces allowed by the resolution, permits for the remaining spaces may be allotted on a first -come, first - served basis. D. Annually, during December, the administrator must use the above criteria for assigning uniform newsrack locations if the priorities of newspapers change; newsracks are abandoned; or permittees fail to renew a permit." SECTION 3: Repeal of any provision of the ESMC herein will 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: 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 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 become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this day of 2004. Mike Gordon, Mayor Page 3 of 4 [NASLane \Ordinances\Amend newrack ordv2 - clean3- 16- 04.doc] March 8, 2004 2o :.. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2004, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: IN Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Page 4 of 4 [NASLane \Ordinances\Amend newrack ordv2 - clean3- 16- 04.doc] March 8, 2004 203 _ Y WRB RMR. ® T FIRE HYORW ® IV ORNEWAY BI JM 'MOSSMLK ®6RRERSE"o, ?'YLN MO E 5 &OFFER OF & - ORNIARY INTERSECTION IAHOSCARHG O CRO5 LK OO Tom SP - HEWSRF K HEWSRACKID. 11T B !04 APPROVED UNIFORM NEWSRACK LOCATIONS Allm = �'• ��M.�..:N""�'. � 2= 0 125 250 500 750 1.0 �0 _.H_.._ .— —Feet EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to appoint members to the Water and Sewer Rate Task Force — (No fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the appointment of two (2) Council Members; Don Camph, El Segundo Employers Association; Joe Harding, Chamber of Commerce; El Segundo Residents Association, Eric Johnson; At Large, Bill Bue and Mike Rotolo; City Manager; Public Works Director; and the Director of Administrative Services to the Water and Sewer Rate Task Force; (2) Alternatively discuss and take other action related to this item. BACKGROUND Sr DISCUSSION: At the City Council of February 3, 2004, the Council approved the formation of a Water and Sewer Rate Task Force. (Background & discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: City Council report establishing the Water and Sewer Rate Task Force. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY:---, DATE: March 11, 2004 D d JofYn n, Interim Director of Public Works REv1EW )V6Y: \,. DATE: Mary Strenn, City Manager /y 3 03 -1604 Appoint Menners to the Water and Sewer Rate Task Force 20 BACKGROUND & DISCUSSION: This task force is to be made up of two (2) members of the City Council, one (1) representative of the El Segundo Employers Association (ESEA), one (1) representative of the El Segundo Residents Association (ESRA), one (1) representative of the Chamber of Commerce (Chamber), one (1) at large representative (At Large), the City Manager, the Public Works Director and the Director of Administrative Services. Staff has contacted the Chamber, ESEA, ESRA and an at large representative for possible appointment to the Task Force. The following are the non -City recommended appointments: ESEA: Don Camph, President (ESEA) ESRA: Eric Johnson, President (ESRA), Resident Chamber: Joe Harding, General Manager, Hacienda Hotel At Large: Bill Bue, Former Mayor, Resident Mike Rotolo, Chairperson CIPAC, Resident The draft Water and Sewer Rate Studies are complete. With this information and the information from the Sewer Master Plan and the Water Master Plan (in progress), it is time for the Task Force to meet and begin the process of developing a recommendation for Council concerning future rates. The draft rate studies include a complete analysis of the cost of providing water and sewer service including funding an adequate capital program for both utilities. The last rate increase was 1997. Currently, the utilities are not self- sufficient and are subsidized by the City General Fund. It is anticipated that the first meeting of the Task Force will be for the purpose of providing background information on the utilities and introducing the Task Force to the information in the studies. That meeting should take place during the week of March 22 "d. It will take at least three (3) additional meetings to reach a consensus on a rate proposal to forward to Council. 0316 -04 Appoint MerMers to the Water and Sewer Rate Task Force 206 ATTACHMENT EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: February 3, 2004 AGENDA HEADING: New Business Consideration and possible action to appoint a Water and Sewer Rates Task Force with a task to review and recommend action on a study being prepared by AKM Consulting Engineers on the need to increase rates to fully support operation, maintenance and capital costs of the City sewer and water utilities. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Appoint a Water and Sewer Rates Task Force consisting of two members of Council, one member of the El Segundo Residents Association (ESRA), one member of the Chamber of Commerce, one member of the El Segundo Employers Association (ESEA), one at large resident, the City Manager, the Director of Administrative Services and the Public Works Director to review the proposed rates including the related capital needs and financial information and recommend appropriate rate increases to meetthe operational and capital needs of the utilities; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: In June of 2001 a contract was executed with AKM Consulting Engineers to prepare a Sewer Master Plan and a complete a financial analysis and rate study for the Sewer Fund. (Background & discussion continues on the next page.....) ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: None ORIGINATED BY: DATE: January 27, 2004 David Johnson, Interim Director of Public Works REVIEWED BY: DATE: Mary Strenn, City Manager 02 -03-04 Appoint Water and Sewer Rate Task Force — Study by AKM Consulting Engineers 207 BACKGROUND & DISCUSSION: (continued) In May of 2003 the agreement was amended to include a complete financial analysis and rate study for the Water Fund. The Sewer Master Plan has been completed and rate studies are nearing completion. Developing new rates for these utilities is a complex process. It is appropriate and common to establish a task force to review the draft work of the consultant and make recommendations for inclusion in the final document. It is expected that at a minimum three meetings will be required to reviewthe information, hear presentations from the consultant and staff and suggest changes for the document. The next step would be to present the studies and recommendations of the task force to Council. Public hearings would then be held on the proposed new rates. 02 -03 -04 Appoint Water and S"erRateTaskForce — StuCybyAKMConsultingEnglneers 908 Z O w Zm J W � mr W � 0 0 3 n V LL O n a 0 a a a LL W r 0 8 A;Q IN's, qO r8E0 I�nnmN(O Q�Om � rN��^pp pyN �ppN i r r r rinn qn ly�pmn rNl�pj P Nl�1 I�fV (O� m� mN(CWOO bbh fON� z w 3U3 O r p r a w LL ti ��tt mzd am z z p z O z "� 1280. 4z LLm ���ZV3Q w VzzO z z�W YF�� O� �w32 �Ipi LLF wz VCMD z�u U Hn »w a � ��� zFFoq m���I�im��iwwK LL �ggggy F O ` t J Z U z~, LL 3 K W 'DO b {h{55 W J yy m �y�g y�ia�OwB'WQ a y�y FWUnDg52z�dp aw Zc�$gai O`S Wei U� M34 t�Jw�s� �0 BSg��----- ---- ''p'RR����I�B H UM N WN m ry �i N S �O s � s `o 0 a � g c w � s g g A 8 ° U 8 s � a c 5 � �pEV rt � J � � 0 0 s i n UU � LL 1- _ W z z O 3 a 04 p n Y u W_ U O n C � Q U �gigA v aU � Is °m � s iR c �E 2. N � W iU �12 w s w A s q¢ a c !,M @E Y�i cRE s pW a M ll li 11 Q LL m 11 ll Q 2 p ❑ 90,9 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/20/2004 THROUGH 3/4/2004 Date Payee Amount Description 2/20/04 Federal Reserve Bank 100.00 Savings Bond I Series 2/20/04 Federal Reserve Bank 950.00 Savings Bond EE Series 2/25/04 Health Comp 5,851.75 Weekly claims 2/20 2/26/04 Employment Development 32,341.20 State Taxes PR 18 2/26/04 IRS 168,027.35 Federal Taxes PR 18 2/27/04 PGC El Segundo LLC 28,99811 Golf Course Payroll Transfer 3/1/04 Federal Reserve Bank 100.00 Savings Bond I Series 3/1/04 Federal Reserve Bank 350.00 Savings Bond EE Series 3/4/04 Health Comp 3,465.70 Weekly claims 2/27 2/20- 3/4/04 Workers Comp Activity 28,585.81 SCRMA checks issued 268,770.52 DATE OF RATIFICATION: 3/25/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Depu Treas, rer I I Date Dire /ebtto�r of Administrative Service Date. ;� �f ty Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 268,770.52 � a^I REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, MARCH 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION — Continued to 7:00 p.m. CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sea.) 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)) — None 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): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS —None 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO. 1 211 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, MARCH 3, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER - Mayor Gordon INVOCATION — Reverend John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — Mayor ProTem Jacobs presented a Proclamation to Adam Miranda recognizing both trees and the young people of our community for the important roles they play in improving our hometown quality of life and proclaiming March 7, 2004 as California Arbor Day. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Liz Garnholz, resident, requested information on Consent Item Number 8, the Water Master Plan, and Item Number 13 regarding the airport. Juli Potter, resident, requested information on Consent Item Number 8, the Water Master Plan, and Consent Item Number 10, purchase of UHF and VHF radio installation and the waving of the bidding process. Jan Cruickshank, resident, spoke regarding Consent Item Number 12, regarding the extension of the West Coast Arborist Contract. She felt there might be a conflict of interest with the Tree Musketeers. Jim Boulgaredes, resident, spoke regarding Item Number 14, progress on the program for Automatic External Defibrillator. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO. 2 212 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member McDowell, SECONDED by Council Member Gaines 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 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Approved Warrant Numbers 2539009 to 2539281 on Register No. 10 in the total amount of $769,450.38 and Wire Transfers from 02/06/2004 through 02/19/2004 in the total amount of $1,096,277.54. 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. 2. Approved City Council Meeting Minutes of February 17, 2004. Authorized the City Manager to execute amendment one to the current Lease Agreement No. 3028 between the City of El Segundo and AT &T Wireless to allow the installation of a twenty -four square foot cement pad and an additional instrument panel for the operation of wireless communications equipment within the city facility located at 400 Lomita Street. 4. Accepted the work as complete for the roof structure for storage bins at the Maintenance Facility — Approved Capital Improvement Program — Project No. PW 01 -21. (Final Contract Amount $205,897.78) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. Approved Sixth Amendment to Coastal Cleaning Service Contract No. 2763 to include janitorial services and carpet cleaning at the City Hall, Police and Fire Departments, for an annual cost not to exceed $35,000. 6. Adopted plans and specifications for installation of a chlorination system for the Urho Saari Swim Stadium — Project No. PW 03 -14 — Approved Facilities Maintenance Program. (Estimated Cost $35,000) Authorized staff to advertise the project for receipt of construction bids. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO. 3 213 7. Approved reimbursement Agreement No. 3306 with ExxonMobil Oil Corporation for relocation of its oil pipeline for the Douglas Street Gap Closure Project — Approved Capital Improvement Program. (Estimated Cost $785,300) Authorized the City Manager to execute the agreement on behalf of the City. 8. PULLED FOR DISCUSSION BY MAYOR GORDON 9. Awarded Contract No. 3307 to lowest responsible bidder, Pursuit Technology, Inc., for the conversion of twelve (12) Police vehicles — Approved Equipment Replacement Fund — RFP 03 -11. (Fiscal Impact $35,173.98) Authorized the City Manager to execute the contract on behalf of the City. 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Approved the Special Event Permit application for El Segundo Police Officers Association annual Car Show, August 28, 2004. The event will be on Main Street from El Segundo Boulevard to Mariposa Avenue; Waived the $300 fee for the Show Wagon. 12. Approved a one -year extension for West Coast Arborist Contract No. 2788 for tree services, at the same rates as last year. (Fiscal Impact $31,000) MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve Consent Agenda Numbers 1, 2, 3, 4, 5, 6, 7, 9, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. ITEMS PULLED FOR DISCUSSION FROM THE CONSENT AGENDA Consideration and possible action for amending a contract with AKM consulting Engineers to prepare a Water Master Plan. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to authorize the City Manager to execute an amendment to Contract No. 2897 with AKM Consulting Engineers to prepare a Water Master Plan for an amount not to exceed $58,780. MOTION PASSED BY A UNANIMOUS VOICE VOTE. 5/0 10. Consideration and possible action to waive, pursuant to El Segundo Municipal Code Sec. 1- 7-10, the formal bidding process on the purchase of replacement mobile radio headsets and controllers; and to waive the RFP process for installation services of these headsets /controllers, replacement VHF radios, and modifications to the existing UHF radio installation. The purpose of this single source request is to assure reliability and efficient interoperability between the two radio formats (UHF and VHF) used in daily operations. Fiscal Impact: $38,300. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO. 4 214 MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to approve the purchase of Sigtronics headsets and controllers from Quala -Tel Enterprises; Approve the purchase of installation services from Haas Auto Stereo; Pursuant to El Segundo Municipal Code Sec. 1 -7- 10, waived the respective RFP and bidding processes based on the need for sole source to meet all project requirements. The purpose of this single source request is to assure reliability and efficient interoperability between the two radio formats (UHF and VHF) used in daily operations. (Fiscal Impact $38,300) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS • G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS —CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke about the current Lawsuit between Kilroy and Thomas Properties. Council Member Gaines — Spoke regarding the Resolution on extradition practices adopted by Council last month. Stated that it is currently being adopted by Hermosa Beach and Manhattan Beach. Also reported on a recent meeting with RFK Hospital Administrators. Council Member Wernick — Announced a South Bay Softball all -star game (El Segundo vs, the South Bay) and requested sponsors and volunteers to donate their time. The game will be April 10, 2004. 13. Consideration and possible action to support a letter to the Los Angeles Area Advisory Committee (LAXAAC) stating the City's opposition to the proposed relocation of the southern runway at Los Angeles International Airport (LAX) 50 feet closer to El Segundo. MOVED by Council Member Wernick, SECONDED by Mayor Gordon, to support a letter to the Los Angeles Area Advisory Committee (LAXAAC) stating the City's Opposition to the proposed relocation of the southern runway at Los Angeles International Airport (LAX) 50 feet closer to El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Jacobs — NONE Mayor Gordon — Spoke on the opening day ceremony for baseball. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO. 5 2155 Spoke regarding the closure of bus lines in El Segundo and City support efforts in keeping these bus lines running. 14. Consideration and possible action related to a progress report on the Automatic External Defibrillator (AED) Project implemented through the Fire Department in early 2002. Norm Angelo, Fire Chief, gave a report. Council consensus to receive and file report. 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. Peggy Tyrell, resident, questioned why the George E. Gordon Clubhouse is closed and asked for an explanation. She also requested why there were no mail boxes in front of the post office. Jan Cruickshank, resident, also inquired about the Clubhouse. Stated she had heard that the Tiny Tots Program would be using the girl scout house on California and felt that traffic would be impacted. Liz Garnholz, resident, spoke regarding the "soccer moms" buttons. Juli Potter, resident, spoke regarding the bus lines and the lack of bus stops. Joe Brandin, resident, spoke regarding the comments made about the Gordon Clubhouse. MEMORIALS — Nancy Haney, Merl Doty and Talmage Burke. CLOSED SESSION - NONE ADJOURNMENT at 8:13 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 3, 2004 PAGE NO.6 21G EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of the SPCA contract for animal sheltering services — (Fiscal Impact = $26,400). COUNCIL ACTION: (1) Approve the SPCA contract for animal sheltering services and authorize the City Manager to execute. (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 25, 2003, the City Council approved contact #3148 authorizing the SPCA to provide animal sheltering services for the City. Following an annual review of the contract, no fiscal adjustments were made as funding for these animal care services remained at the annual amount of $26,400 per year ($2,200 per month). Continued next page ATTACHED SUPPORTING DOCUMENTS: SPCA Contract FISCAL IMPACT: Operating Budget: $34,200. Amount Requested: $26,400. Account Number: 001 - 400 - 3108 -6206 Project Phase: Implementation Appropriation Required: No REVIEWED BY: DATE: Mary S renn, City Manager A020-? 21 'l Agenda Item: SPCA Contract El Segundo City Council Meeting Date: March 16, 2004 Page Two BACKGROUND & DISCUSSION: The SPCA has provided outstanding services to the Animal Control Division of the El Segundo Police Department. As part of these services, the SPCA professionally accepts and disposes all dead animals delivered by police personnel, harbors and provides medical screening for live domestic animals, and provides life rescue and release of wild animals. The SPCA staff is on site seven (7) days a week between the hours of 8:00 am to 5:00 pm. Animal control personnel have keys to the SPCA facility for after hour animal deliveries. During the contract period, the SPCA has accepted the following animals: Live Dogs 56 Live Cats 16 Live other (Birds Raccoons, Possums, etc.) 96 Dead Dogs 13 Dead Cats 41 Dead Other (Birds, Raccoons, Possums, etc.) 163 The Police Department is requesting approval of this contract for continued animal sheltering services from the SPCA. Agreement No. CONTRACT FOR ANIMAL SHELTERING SERVICES BETWEEN THE CITY OF EL SEGUNDO AND SPCALA This AGREEMENT is entered into on this Ist day of March 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation, ( "CITY ") and SPCALA, a California Corporation ( "CONTRACTOR "). I. Consideration. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement. C. As additional consideration, CITY agrees to pay CONTRACTOR a monthly sum equal to Two Thousand Two Hundred Dollars for ($2,200.00) CONTRACTOR'S services. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum within fourteen (14) days after receiving an invoice. 2. SCOPE OF SERVICES. CONTRACTOR will serve as the Director of Animal Sheltering for CITY in accordance with applicable law. To fulfill this responsibility CONTRACTOR will furnish an animal shelter located at 12910 Yukon Avenue in the City of Hawthorne and maintain that animal shelter during the term of this Agreement. CITY agrees to insure that all injured animals must receive emergency medical care as required by applicable law before depositing said animal with SPCALA. CONTRACTOR agrees not to provide animals for scientific research. 3. TERM. The term of this Agreement will be from March 1, 2004 to February 28, 2005. Unless otherwise determined by written amendment between the parties, this Agreement will terminate as stated in Section S. 4. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until CONTRACTOR furnishes proof of insurance as required under Section 13 of this Agreement. 5. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a taxpayer identification number. 6. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 7. PROJECT COORDINATION AND SUPERVISION. A. Douglas Buck will be assigned as Project Manager and will be responsible for coordination with CITY'S Project Manager. B. Lt. Robert Turnbull will be assigned as CITY'S Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a Page 1 of 5 A19 day -to -day basis on behalf of CITY and will maintain direct communication with CONTRACTOR'S Project Manager. g. TERMINATION. A. Except as otherwise provided, either party may terminate this Agreement at any time with or without cause upon (30) days notice. Notice of termination will be in writing. B. Should the Agreement be terminated pursuant to this section, CITY may procure on its own terms services similar to those terminated. C. By executing this document, CONTRACTOR and CITY each waive any and all claims for damages that might otherwise arise from termination under this section. 9. INDEMNIFICATION. A. CONTRACTOR indemnifies, will defend (at CITY'S request and with counsel satisfactory to CITY), and holds CITY harmless from and against any claim, action, damages, costs (including without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or it's performance, CONTRACTOR will defend CITY (with counsel reasonably satisfactory to CITY) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY'S officers, officials, employees, agents, representatives, and certified volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive tennination of this Agreement. E. The requirement as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 13, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 10. ASSIGNABILITY. This Agreement is for CONTRACTOR'S unique services. CONTRACTOR'S attempts to assign the benefits or burdens of this Agreement without CITY'S written approval are prohibited and will be null and void. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which it is performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give Page 2 of 5 ?20 CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. RECORDS RETENTION. CONTRACTOR will maintain full and accurate records with respect to all services and matters covered under this Agreement. CONTACTOR will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 13. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below. Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory limits B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 10 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence ", not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0107 97, or similar form for CONTRACTOR owned Autos. D. CONTRACTOR will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as maybe reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company rating of "A:VII." E. Should CONTRACTOR, for any reason fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONTRACTOR'S expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant to section 8. 14. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY Lt. Robert Turnbull City of El Segundo 350 Main Street El Segundo, CA 90245 CONTRACTOR David Havard spcaLA 5026 West Jefferson Blvd. Los Angeles, CA 90016 Page 3 of 5 Any such written communications by mail will be conclusively deemed to have been received by the addressee at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notices in the manner prescribed in this paragraph. 15. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any involving this Agreement will be in Los Angeles County. 16. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other Agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 17. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, and any other document or agreement, whether oral or written, the provisions of this Agreement will govern and control. 18. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either party. 19. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 20. AUTHORITY/MODIFICATION. The parties represent and warrant that all necessary action has been taken by the parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment executed by both parties. CITY'S city manager, or designee, may execute ay such amendment on behalf of CITY. 21. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, and government action, civil or military authority, the natural elements, or other similar causes beyond the parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 25. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. Page 4 of 5 n,I" IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO SPCALA A general law city and municipal corporation a California Corporation Madeline Bernstein, City Manager President Thomas E. Haworth Director of Finance City Clerk Page 5 of 5 22 EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract for the El Segundo Skate Board Park located at 405 East Grand Avenue - Approved Capital Improvement Program — Project No. PW 04 -02 - (Contract amount = $400,395) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, Channel Islands Paving, Inc.; (2) Authorize the City Manager to execute the construction contract on behalf of the City; (3) Authorize (a) $46,000 for Optional Bid Items Nos. 1 and 2 and (b) $20,605 for construction contingencies; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 3, 2004, the City Council approved the design plans and specifications and authorized staff to advertise the project for competitive bids. (Background & discussion continues on the next page.......) ATTACHED SUPPORTING DOCUMENTS: Bid results. Location map. FISCAL IMPACT: Capital Improvement Program: $397,000 Amount Requested: $421,000 Account Number: 301 - 400 - 8202 -8989 Project Phase: Award of contract Appropriation Required: Yes — From $80,000 Los Angeles Regional Park and Open Space District Grant ORI YAT D B : DATE: March 9, 2004 David JVns�, Interim Director of u Ic Works BY: DATE: Mary nn, City Manager 7 03 -16 -04 Award of Contract for Skate Board Park - Project No PW 04 -02 I- " BACKGROUND & DISCUSSION: On March 2, 2004, the City Clerk received and opened five (5) bids. The lighting of the skateboard park was bid as Optional Bid Items Nos. 1 and 2 in order to provide flexibility in the award amount. The total bid amount to install lighting at the skate board park is $46,000. Staff recommends utilizing the Optional Bid Items Nos. 1 and 2 for installation at this time. The additional funds needed for installation of the Optional Bid Items Nos. 1 and 2 is available from the Los Angeles Regional Park and Open Space District Grant. These funds are a reallocation of funds that were distributed throughout the 4`h Supervisorial District in 2002. A letter will be sent to the Supervisors Parks and Recreation Deputy requesting the funds and explaining what the recreation project will be. The grant will also fund modular movable skating elements that will be added later. The amount of the grant is $80,000, out of which $24,000 will be appropriated to the skate board park lighting construction. Staff received favorable references forthe lowest responsible bidder, Channel Islands Paving, Inc., and recommends award of contract to Channel Islands Paving, Inc., in the amount of $400,395. The total cost of this project, including the cost of construction contingences, is $421,000. 03 -16-04 Award of Contract for Skate Board Park — Project No. PW 04 -02 2 25 CITY OF EL SEGUNDO EL SEGUNDO SKATE BOARD PARK PROJECT NO, PW 04 -02 BID RESULTS Name of Company Amount Channel Islands Paving, Inc. Essex Construction, Inc. Pima Corporation 4 -Con Engineering, Inc. Southland Corporation $400,395 $419,915 $437,545 $480,758 $567,095 03 -16.04 Award of Contract for Skate Board Park — Project No. PW 04 -02 "2 G w LL W > Z r ¢ U N Q J Al N(lOJ 53139Ntl SOl •A A44 3NtlON1MtlN !0 Al{J °nle -ba_ /'i_ 09310 Nyy a a m r i a z J LL M Mtl/a Z u a w m z a r r a s z - rm mna3s � 3nr sra 3Atl nl3 k O 3AV 3XId 30 AnXivm > .Al 11113S.I" r 3nr blvd V 3AV navry '3Atl pldlpVd :3Atl 13bnr1 'YY A3NNnOV 9Y 3N]XOIB \ � i 0 2 z X� W \ LL (n O J w r� LL V c w o o U � r 1Y��11 U X10/ 4 L. EL SEGUNDO CITY COUNCIL MEETINGDATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of Los Angeles County Regional Grant for $80,000. Use funds for lighting and portable pieces at the El Segundo Skate Board Park. (Fiscal lm COUNCIL (1) Accept Los Angeles County Regional Grant for $80,000 (2) Use the funds for the lighting and portable pieces at the El Segundo Skateboard Park (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Supervisor Don Knabe has authorized the City of El Segundo to receive a grant of $80,000 from the Los Angeles County Regional Park and Open Space District. These funds are a reallocation of funds that were distributed throughout the 4 " Supervisorial District in 2002. The actions of the Board of Supervisors on December 2, 2003 made these funds available once again to our City, for recreation improvement projects. These funds could be used to pay for the lighting and portable equipment at the El Segundo Skateboard Park. ATTACHED SUPPORTING DOCUMENTS: 1- Letter from Don Knabe FISCAL IMPACT: Operating Budget: Account Number: Amount Requested: Project Phase: Appropriation Required: _Yes x No ORIGINATED: DATE: E -� _S- 9 -0 � Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: Mary Strenn, Cit anager 3�o 228 BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 822 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES, CALIFORNIA 90012 Telephone (213) 9744444 / FAX (213) 626-8941 December 5, 2003 The Honorable Mike Gordon Mayor City of El Segundo 350 Main Street El Segundo, Califomia 90245 Dear Mayor Gordon: DON KNABE CHAIRMAN OF THE BOAR SUPERVISOR, FOURTH DISTJ MEMBERS Of THL BOARD GLORIA MDUNR YVONNL BRATHWARE BURKL ZEV YAROSIAVSKY DON KNABL MICHAEL D. A14TONOVICH rI I CITY I ✓,AI :;..c: Ir, (A I am pleased to inform you that I have authorized your City to receive a grant of $80,000 from the Los Angeles County Regional Park and Open Space District. These funds are a Mallocation of funds that were distributed throughout the 41" Supervisorial Dist't�i t to 20M, The actions of the Board of Supervisors on December 2, 2003 made these funds available once again to your city to use for park recreation, open space acquisition or improvement projects of your choice. Your staff will be contacted shortly by the Open Space District to set up the grant. Should you have any questions or need further information, please contact Ms. Erin Stibal, my Parks and Recreation Deputy, at (562) 804 -8208. I look forward to the opportunity to work with you and your City Council colleagues as we collectively meet the recreations and open space needs of our residents. Sin rely, O NABE Chairman of the Board Supervisor, Fourth District County of Los Angeles' DK:e c: City Manager 220 EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the submission of a grant proposal to the Department of Homeland Security, USFA/Federal Emergency Management Agency (FEMA) under the Assistance to Firefighters Grant Program. Fiscal Impact: $24,500 matching requirement in Fiscal Year 04/05. RECOMMENDED COUNCIL ACTION: 1) Authorize the submission of a DHS /FEMA/USFA grant proposal for $244,895.00; 2) Authorize the Fire Chief and /or designee (Emergency Services Coordinator) to act as the authorized agent for the electronic grant submission; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 1, 2004, the United States Fire Administration (USFA) and FEMA requested submission of grant proposals to cover first response needs for equipment essential to firefighting operations, which now includes potential response to weapons of mass destruction. The grant submission deadline is April 2, 2004. A total of $750 million will be awarded to eligible fire departments. This grant is provided on a "90/10" cost formula; the federal government provides 90% and local government (under 50,000 population) provides a 10% cost share. The Fire Department's local cost share in this grant proposal is $24,500 (10 %), which is available through the Fire Department Equipment Replacement fund. The Fire Department will submit its grant proposal in the category of Firefighter Operations and Firefighter Safety for personal protective equipment. The grant funds, if the proposal is approved, will be utilized to purchase self- contained breathing apparatus (SCBA) to protect first responders and hazardous materials response personnel and ballistic resistant vests. ued on next ATTACHED None FISCAL IMPACT: Matching requirement in Fiscal Year 04/05 Operating Budget: $52,550 Amount Requested: $24,500 Account Number: 601 - 400 - 3202 -8104 Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED: Chief DATE: 3- 08'• -0�f REVIEWED BY: DATE: Mary Manager 9 230 BACKGROUND & DISCUSSION (continued): The new equipment would extend protection for response to chemical, biological and other hazards at emergency incidents under 5 NFPA standards. The Federal Department of Homeland Security (DHS) recently adopted NFPA 1951, 1981, 1991, 1994, and 1999. DHS adopted 3 National Institute of Occupational Safety and Health (NIOSH) standards for respirators to protect against chemical / biological /radiological /nuclear environments. The equipment purchased under the grant will meet all of these nationally adopted standards. The second item requested would provide fire department staff members with a level IIIA ballistic and blast resistant vest ensemble for staff that may be exposed to high velocity rounds or fragmentation of up to 1400 feet per second — the highest level of protection available. The standards for first responders have changed dramatically since the events of 9 -11. The standard personnel equipment ensemble now requires not only the ability to withstand normal fire suppression situations, but now must include the potential exposure to weapons of mass destruction. The Council has the ability to accept or reject any actual grant funding offered. The Fire Department will return to the Council with a preliminary award, if announced. In accordance with the City Council Policy regarding grant submissions: 1. The Federal Department of Homeland Security, under the Office for Domestic Preparedness (ODP), administers the grant program. 2. The total amount grant funding being requested is: $244,895.00 3. Matching Funds Cost -Share —Local (10 %): $24,489.50 4. Matching Funds Cost Share — Federal (90 %): $220,405.50 5. Source of Matching Funds Cost Share: Equipment Replacement Account (601 -400- 3202 -8104) 6. Municipalities are reimbursed for expenditures under the grant by direct deposit through electronic funds transfer. 7. Conditions required under this _grant: a. Establish that an Equal Employment Opportunity Plan (EEOP) be in place prior to spending grant funding beyond $25,000.00. b. All equipment purchased under the grant funding, if awarded, is required to be maintained and replaced under the city's capital equipment replacement standards. c. New to the 2004 application is the requirement that each grant applicant have a Dun & Bradstreet Data Universal Numbering System (DUNS) number —the City of El Segundo was issued a DUNS number of 138605311 on March 1, 2004. 231 EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding executing an agreement with Civica Software for purchase and implementation of a content management system for the City website. COUNCIL ACTION: 1) Authorize the City Manager to execute an agreement with Civica Software for a Content Management System by "piggybacking" on the City of Montclair Request for Proposal (RFP) and subsequent award process. 2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: During the 2003 -2004 budget process the Administrative Services department proposed adding a content management system to the City's website. Some of the major goals of the program were to allow City staff the ability to update and manage the website without technical skills; decentralize the function of updating website contentfrom the Information Systems staff to the individual departments; ensure that all City services, programs and functions are listed and accessible online; be easily upgradeable by City staff to adapt to changing technologies and City structures; and include enhanced interactive features, such as City calendars, web casts and a departmental- feedback system. Continued ATTACHED SUPPORTING DOCUMENTS: Exhibit A "Scope of Services and Exhibit B" Cost of Services FISCAL IMPACT: Operating Budget: $28,850 Amount Requested: $28,820 Account Number: 001 - 400. 2505 -8108 Project Phase: Appropriation Required: _ Yes X No ORIGINATED BY: DATE: 3-9-q Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: �i /° /i' Mary Kenn, City Manager 10 232 BACKGROUND AND DISCUSSION: Over the last several months staff has participated in demonstrations of three different content management systems. Each system was evaluated based on how well it would meet the needs of City departments; how well it would work within the guidelines of the City's Technology Master Plan; how efficiently it would store the information; and whether it was cost competitive. The Civica Software content management system best meets these requirements. Other cities have competitively bid for a content management system and come to the same conclusion. Staff is proposing to "piggyback" on the City of Montclair Request for Proposal (RFP) and subsequent award process the City of Montclair Request for Proposal (RFP) and subsequent award process. The City Attorney has confirmed that the bid requirements are substantially similar as the City's requirements. Therefore, staff is recommending the City Council waive the City's specific purchasing requirements pursuant to El Segundo's Municipal Code Section 1 -7 -10 and award a contract to CIVICA Software to provide and implement the CIVICA Content Management System. 233 Exhibit A Scope of Services Civica Software's primary business is in building attractive Web sites and Intranets for Cities and other local governments incorporating powerful content management systems that allow multiple departments to directly administer and update their own portion of the site without possessing any technical skills. Our proposed program for the City of El Segundo will deliver an easy to maintain Web site, incorporating Civica's powerful content management system, with its easy -to -use Web browser -based interface for maintenance. This will assure that the City of El Segundo's Web site is never out -of -date and enable you to maintain a personal touch with your users: residents, businesses and visitors. The new Web site will: • Be revamped beyond the home page, clearly communicating the City's image • Integrate all existing departments and provide a unified City Web site theme. The City branding will be consistently displayed on every Web page • Be easily updated by City staff without technical skills, via a powerful, yet easy -to -use, content management system • Be easily upgradeable by City staff to adapt to changing technologies and City structures • Be easy to navigate and search, and display information in an intuitive manner, improving overall site usability • Ensure that all City services, programs and functions are now listed and accessible online • Be flexible enough to meet the specific needs of individual departments • Promote the services supplied and supported by the City, present and future, and provide a stable upgradeable platform for all e- government initiatives, including facilitation of a wide range of online transactions • Significantly reduce the volume of visits and telephone calls to City Hall as users can now interact securely with the City 24/7/365 • Since users are not always aware of Departmental structures, the site will ensure that information can be found quickly without this knowledge • Include enhanced interactive features, such as City calendars, dynamic foreign language translations, Webcasts, and a departmental Request - Feedback system • Optimize Web pages for dial up modem connections • Embed Adobe and other plug -ins • Provide enhanced archival and retrieval functions • Comply with current accessibility standard ADA Priority 1 • Be hostable at any site, whether by the City, or at any third party location 234 Exhibit B Compensation Schedule One -time License Fee $13,000 News & Announcements $ 2,700 Calendar $ 3,150 A -Z Index (Search and Indexing) $ 1,870 Jobs $ 1,650 File Bank $ 2,550 Frequently Asked Questions $ 1,950 e- notify $ 1,950 Total Cost $28,820 2 3 EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the approval of a Professional Services Agreement between the City of El Segundo and Hinderliter, De Llamas & Associates (HDL) for sales and use tax audit and information services. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute Professional Services Agreement on behalf of the City; (2) Adopt resolution authorizing examination of sales & use tax records (3) Give current Consultant notice of change in vendors; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: MBIA MuniServices has been the City's sales tax consultants since October, 1988. Staff has reviewed the City's current sales tax monitoring, trends, forecasting and custom report production, and determined it is time for a change. HDL is the only viable alternative to the City's current sales tax consultant. They recently gave a presentation to several Administrative Services Managers that was very informative and staff recommends changing Consultants for Sales and Use Tax Audit and Information Services. ATTACHED SUPPORTING DOCUMENTS: Exhibit "A" Scope of Work & Exhibit "B" Cost of Service Resolution Authorizing Examination of Sales & Use Tax Records FISCAL IMPACT: Operating Budget: $135,300 Amount Requested: $33,000 Account Number: 001 - 400 - 2502 -6214 Appropriation Required: _ Yes X No ORI INATED BY- DATE: March 3, 2004 ret Plumlee, Director of Administrative Services REyJ OED : DATE: ary City Manager 0 3 r> BACKGROUND & DISCUSSION: Compensation consists of a fixed fee of $500.00 per month for creating databases, providing reports and analysis and making software available to City plus 15% of all new tax revenue received by City as a result of audit and recovery work performed by HDL. The audit fees apply to state fund transfers received for up to three (3) back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters not to exceed a total of eleven (11) after Consultant completes the audit contemplated by the Professional Services Agreement and the State Board of Equalization verifies such corrections. This agreement provides for mutual indemnification which is a deviation from our standard agreement. This does not require a budget adjustment and is included in the FY 2003- 2004 budget. 237 Exhibit A Scope of Work The CONSULTANT will perform the following services: A. SALES TAX AND ECONOMIC ANALYSIS CONSULTANT will establish a special database that identifies the name, address and quarterly allocations of all sales tax producers within the CITY for the most current and previous eight quarters, or earlier, if the CITY has prior historical sales tax data available on computer readable magnetic media. This database will be utilized to generate special reports to the CITY on: major sales tax producers by rank and category, sales tax activity by categories, business districts or redevelopment areas, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales. ii. CONSULTANT will provide updated reports each quarter identifying changes in sales by individual businesses, business groups and categories and by geographic area. Quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments will be identified. Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included. CONSULTANT will also provide special ad hoc custom reports including sales & use tax quarterly reports based on the prior fiscal year on a cash basis for business license renewal credits. iii. CONSULTANT will also provide a quarterly summary analysis for the CITY to share with Chambers of Commerce and other economic development interest groups that analyze CITY'S sales tax trends by major groups, and geographic areas without disclosing confidential information. iv. CONSULTANT will make available to CITY Staff the HdL sales tax computer software program and database containing sellers permit and quarterly allocation information for all in -city business outlets registered with the Board of Equalization and update quarterly. In addition, CONSULTANT will process for CITY the monthly registration and allocation files provided by the Board in magnetic media. Printouts of registration changes and dollars allocated by 238 business name and number will be provided from these files on a monthly basis. V. CONSULTANT will assist City staff to develop a database of sales tax and property tax. vi. CONSULTANT will notify City staff immediately upon obtaining information about material changes in existing or new sales and use tax producers once they become aware Of it. B. ALLOCATION AUDIT AND RECOVERY CONSULTANT will conduct an initial and on -going sales and use tax audit to identify and correct "point -of- sale" distribution errors and thereby generate previously unrealized sales tax income for the CITY. Common errors that will be monitored and corrected include: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; misreporting of "point of sale" to the wrong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction and erroneous fund transfers and adjustments. ii. CONSULTANT will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner so as to enhance CITY'S relations with the business community. iii. CONSULTANT will prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and will follow -up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the CITY are recovered. iv. If during the course of its audit, CONSULTANT finds businesses located in the CITY that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the CITY, CONSULTANT will so advise CITY and upon request, will 239 work with those businesses and the CITY to encourage such changes. C. ON GOING CONSULTATION Throughout the term of this agreement, CONSULTANT will advise and work with CITY Agency Staff on questions related to tenant mix alternatives for maximum sales tax returns; advise CITY Business License staff on utilization of reports to enhance business license collection efforts; provide sales tax projections for economic development projects and budget planning; and provide general information and support on sales and use tax related questions. CONSULTANT will provide periodic special ad hoc reports based on requests of City staff. 2,14 lr Exhibit B Cost of Service The CITY will pay CONSULTANT for its services as follows: A. For creating databases; providing reports and analysis; and making software available to CITY, as described in Exhibit A, CITY will pay CONSULTANT $500.00 per month, invoiced quarterly ( "monthly fee' ). B. CITY will also pay CONSULTANT fifteen percent (15 %) of all new tax revenue received by CITY as a result of audit and recovery work performed by CONSULTANT ( "audit fees "). i. Such revenue does not include any amounts determined by CITY or CONSULTANT to be attributable to causes other than CONSULTANT'S work pursuant to this Agreement. ii. In the event that CONSULTANT is responsible for an increase in the tax reported by businesses already properly making tax payments to the CITY, it is CONSULTANT'S responsibility to separate and support the incremental amount attributable to its efforts before CITY pays the audit fee. iii. Audit fees apply to state fund transfers received for up to three (3) back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters not to exceed a total of eleven (11) after CONSULTANT completes the audit contemplated by this Agreement and the State Board of Equalization verifies such corrections. iv. CONSULTANT must provide CITY with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees. V. CONSULTANT must obtain CITY approval before beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where payment of the audit fee is expected. CITY approval is given when the city manager, or designee, signs a Sales Tax Audit Authorization form, a copy of which is attached as "Exhibit B." vi. Subject to the foregoing, CITY will pay audit fees upon CONSULTANT'S submittal of evidence of State Fund Transfers and payments to CITY from businesses identified in the audit and approved by the CITY. 24 � C. The monthly fee and audit fee constitutes full reimbursement to CONSULTANT for all direct and indirect expenses incurred by CONSULTANT in performing audits including the salaries of CONSULTANT'S employees, and travel expenses connected with contacting local and out -of -state businesses and Board of Equalization representatives. 242 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS The City Council resolves as follows: SECTION 1: The City Council finds and declares as follows A. Pursuant to Ordinance No. 823, adopted October 16, 1973, the City of El Segundo entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; B. It is desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and C. Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board. SECTION 2: The City Manager, and officers designated in writing by the City Manager to the State Board of Equalization ('Board "), is appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records can be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. SECTION 3. The City Manager, and officers designated in writing by the City Manager to the Board, is appointed to represent the City with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: Business Licensing The information obtained by examination of Board records can be used only for those governmental functions of the City listed above. 243 Section 4. MBIA MuniServices is designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board through March 31, 2004. Hinderliter, De Llamas & Associates is designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The persons or entities designated by this section meet all of the following conditions: a) MBIA MuniServices has an existing contract with the City to examine those sales and use tax records through March 31, 2004; Hinderliter, De Llamas & Associates has an existing contract with the City to examine those sales and use tax records; b) The contracts with the City requires the examiners to disclose information contained in, or derived from, those sales and use tax records only to the officers set forth above in this Resolution. c) The examiners are prohibited by these contracts from performing consulting services for a retailer during the term of that contract; and d) The examiners are prohibited by those contracts from retaining the information contained in, or derived from, those sales and use tax records after those contracts expire. The information obtained by examination of Board records can be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board and for purposes relating to the governmental functions of the City listed above. Section 5. This resolution supercedes resolutions 1753 and 3558 of the City Council of the City of El Segundo adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. Section 6: The City Clerk will certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a record of proceedings of the City Council in the minutes of the meeting at which same is passed and adopted. Section 7: This Resolution will take effect immediately upon adoption. PASSED, APPROVED and ADOPTED this day of 2004. Mayor Mike Gordon 244 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk Mark la H. Bergerr, Assistant City Attorney 2 4 EL SEGUNDO CITY COUNCIL MEETING DATE: March 16, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to NSA Construction Group for construction related to the Residential Sound Insulation Program's Bid Group 4 (72 residences). (Estimated construction cost and retention: $1,393,913) RECOMMENDED COUNCIL ACTION: 1) Approve request by Angeles Contractor to withdraw its Bid; 2) Consider Bid from A.W.I. Builders, Inc. non - responsive; 3) Award contract to NSA Construction Group; 4) Authorize the City Manager to execute a construction contract in a form approved by the City Attorney; 5) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 10, 2004 the City Clerk's office opened sealed bids for the City's Residential Sound Insulation Program Bid Group 4 (RSI 04 -01). Five bids were received and the result of the bid opening was as follows: 1. Angeles Contractor $ 935,700.00 2. A.W.I. Builders, Inc. $1,190,212.00 3. NSA Construction Group $1,267,193.67 4. Lexus Construction $1,297,300.00 5. Professional Building Contractors, Inc. (PBC) $1,440,193.00 (Please see attached page entitled "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Letter from Angeles Contractor dated February 11 Bidder's Proposal and Statement from NSA Construction Group FISCAL IMPACT: Operating Budget: $2,300,000 Amount Requested: $1,393,913 Account Number: 116 - 400 - 0000 -8960 Bid Group: 4 Appropriation Required: _ Yes X No t!e�" S. O'Neill. Pn REVIEWED BY: DATE: 24nny., tity Manager 3 %y 12 24-1f Background and Discussion (cont.) City staff accepted the request of Angeles Contractor to withdraw their bid due to a miscalculation in their Bid of $206,440, and a copy of this request is hereby attached. It should be noted that Bids cannot be revised after public opening. With Angeles Contractor's Bid withdrawn, the second lowest Bid was reviewed. A background check was performed on A.W.I. Builders, Inc. (A.W.I.), including contacting listed references and the State License Contracting Board and several discrepancies were identified with the Bid. In attempts to gain clarity on these discrepancies, staff developed further concerns over A.M.'s understanding of the project, and, ultimately, its ability to perform the work required. Staff has identified the following concerns with the Bid and subsequently provided information from A.W.I.: Upon identifying that a sub contractor was not listed in the Bid for hazardous material abatement, A.W.I. has submitted requests to add two sub contractors to perform this work. The addition of subcontractors after the Bid opening requires staff to reject the Bid. A.W.I. has not provided supplier information for both aluminum windows and fireplace dampers (required by the Bid) despite this information being identified to A.W.I. as missing from their Bid. A.M.'s listed subcontractor for installation of windows and doors has stated that they do not install windows and doors. Their primary business is with shower doors, mirrors, and store fronts. (Contract documents require that "Window installation must be performed by persons with at least two (2) years primary experience in that trade." And similar is required for door installation.) Because of the concerns listed above, staff has concluded that it is in the City's best interest, and the best interest of the property owners, to reject the Bid from A.W.I. Builders, Inc. A review of the Bid from NSA Construction (the third lowest Bid) was performed, and proved to be responsive. NSA Construction has performed Residential Sound Insulation work for Los Angeles World Airports (LAWA). During the background check, representatives from LAWA gave NSA Construction "high praise" for their work on the project. The amount requested includes the Total Bid of $1,267,193.67 from NSA Construction and an additional 10% of that Total Bid for potential change orders due to unforeseen conditions. As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA with the remaining twenty percent (20 %) of improvement costs paid for by the property owners. When analyzing the bid prices for each property, staff looked at the out -of- pocket expense associated with each residence. Out -of- pocket expenses for each owner are based on 20% of the improvement costs plus those of any "upgrades" requested by the owner to receive items which exceed the standard modification requirements. These items can be eliminated and only the necessary modifications be made if the owner determines that the upgrades are no longer desirable. 247 Angeles Contractor 7446 Orangewood Avenue Garden Grove, CA 92841 Cont. Lie. # 587022 / 748477 (714) 899 -1826 (714) 899 -1806 fax Feb 11, 2004 City of El Segundo 350 Main Street,, El Segundo, CA 90245 -3895 Attention: James S. O'Neill ! City of Clerk Office Project: RSI 04 -01 (Bid Group 4 — Residential Sound Insulation) Subject: Withdrawal of Bid Dear James: This letter is to request that Angeles Contractor would like to drop the bid for the above project. After reviewing the proposal, I found I had made a mistake in calculation regarding the proposal in the final bid. Description Bid Price Rev. 1 Price Difference Remarks Window 106,048.00 312,448.00 206,440.00 The Rest 829,652.00 829,652.00 - Total 935,700.00 1,142,100.00 206,440.00 Thanks for your attention in this matter. Should you have any question, feel free to call me at (714) 899 -1826. Sincerely, 243' BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 04 -01 "Residential Sound Insulation Program — Bid Group 4" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St. El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself/herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following: To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Bid Group 4" in strict conformity with the Contract Documents and at the following lump sum price, to Wit: LOCATION IMPROVEMENT COSTS OWNER UPGRADES PROPERTY SUBTOTALS 770 West Imperial Avenue #08 Ab to oIYE, 770 West Imperial Avenue #11 V 7 • (n Ko e0 lltolt&q 770 West Imperial Avenue #14 1 $ 31c, , H 9- tA 0 C® 1-7 83 , " 770 West Imperial Avenue #40 l — No ce>-A 19 13 &q SRI 770 West Imperial Avenue #53 f_AJ q p,4 I 00,— b o•g1 770 West Imperial Avenue #62 19, 301'1 S"I - 770 West Imperial Avenue #96 1 ¢ 5t0 . -- 646 West Imperial Avenue 35 unit apartment building) .5 I l a I I xg �I o 004 � 911.1 436 & 440 West Imperial Avenue 16 apartments) a89 1 '°L; r • lei tko e0 CA I Aq 8Poli 324 & 330 West Imperial Avenue 12 apartments) ac 9. { I I'Ll C 446t000.- a4 q , 4 310 West Imperial Avenue #08 '.p, O 3 (• qS vib Ca `C 1= 9S" 220 West Acacia Avenue PO �/� •S3 N p Zy TOTALS: ri 1 -C -1 2 4 i Total Bid (Contract Sum) / To o Utt-� d 1-eJ 51 s4 -,, Qe l,&- -4" 5 a-,zd h D.E Kords C t t % �FCcvEG $ (figures) In case of discrepancy between the words and figures, the words must prevail. NOTICE. HMDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED This bid is based upon completing the work within two hundred and thirty (230) calendar days from the Commencement Date specified in the Notice to Proceed. If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and finnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date. Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bondsor check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California. Name of Firm: MSA, aylsS YIAC�10V1 GiYOIU�snC. Address: lc5BU2 VeV1 +ttrroL ?SlvAA21g,T0. vla 1 C Telephone Number: B I - 3 q 5- l 15 3 Contractor's License Number: 7 I U 4 5 `j Type of License: 5 License Expiration Date: z 31 �(�5 Type of Entity: ❑ Sole Proprietorship ❑ Partnership CYCorporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct. Contractor Representative: Title: Signature: CyYous SakEb I -C -2 t- EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 16, 2004 AGENDA HEADING: Consent Agenda Consideration and possible action regarding acceptance of the project for construction of the Downtown Specific Plan Improvements — Project No. PW 03 -03 - Approved Capital Improvement Program - (Final contract amount = $3,538,676.51). 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's Recorder's Office; and (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On April 15, 2003, the City Council awarded a contract to Sequel Contractors, Inc., for the construction of the Downtown Specific Plan Improvements. (Background & discussion continues on the next page......) ATTACHED SUPPORTING DOCUMENTS: Notice of Completion. FISCAL IMPACT: Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: $4,124,623.00 $3,538,676.51 301 -400- 8201 -8573 Acceptance of work as complete No nson, Interim Director of Public Works BY: City DATE: March 8, 2004 03 -16 -04 Acceptance for Construction of the Downtown 13 Specific Plan Imprwements - Project No. PW 03 -03 251 BACKGROUND & DISCUSSION: (continued) On November 5, 2003, the city Council authorized additional work and approved Change Order No. 1 in the amount of $218,650. The approved amount by the City Council for this contract is $3,638,273. The work how now been completed to the satisfaction of staff. The final contract amount is $3,538,676.51. There is a disputed amount of $47,288 by the landscape sub - contractor, Marina Landscape, Inc., for the change of tree species. The final amount for the disputed items will be paid, based upon documented back -up expenses, when submitted to the City. Staff recommends acceptance of this project. 03 -06 -04 Acceptance for Construction of the Downtown Specific Plan Improvements - Project No. PW 03 -03 252 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 : Downtown Specific Plan Improvements Project No.: PW 03 -03 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on December 1, 2003. The work done was: Construction of Downtown Specific Plan Improvements. 6. On March 16, 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: Sequel Contractors, 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: Public streets. 9. The street address of said property is: Main Street from El Segundo Boulevard to Mariposa Avenue and on Grand Avenue from Concord Street to Eucalyptus Drive. Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2004 at El Segundo, California. Bellur K. Devaraj City Engineer NoV,a of ComplMbnaTW 03 -030ow "Spoor Plan Impmuemena 253 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 16, 2004 AGENDA HEADING: New Business Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 - On -Sale Beer and Wine for a Bona Fide Public Eating Place) at a new restaurant, Good Stuff, located at 131 West Grand Avenue, EA No. 637 and AUP No. 04 -01. Applicant: Cris Bennett. RECOMMENDED COUNCIL ACTION: (1) Determine that the City does not protest the issuance of the new ABC license for the sale of beer and wine at Good Stuff Restaurant; or, (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to them for review. The ABC regulations (Section 23958.4, 23987, 24200, and 25612.5) of the Business and Professions Code require a 30 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments. The grounds of a protest should relate to public health, safety or welfare concerns. Restaurants with Type 41 licenses are specifically excluded from the ABC regulations, which require the City to make findings of public convenience of necessity in areas of "undue concentration" for off -site sale licenses, but based on previous Council direction, staff is providing undue concentration calculation background information. (continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Undue Concentration Calculations 2. Crime and Arrest Statistics by Reporting Districts (RD) 3. Police Reporting Districts Map 4. Approval Letter to Applicant dated February 27, 2004 5. Planning Commission Staff Report dated March 11, 2004 FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: NIA Appropriate Required: _Yes x No ORIG NATED BY: DATE: 3/ -7/ D g J me M. Hansen, Director of Community, Economic and Development Services EVI EL1 BY: fl � DATE: Ma ' Stre r n Ity Manager P \Planning & Building Safcty\PR0IECTS\626- 650 \Ea -63T - 637ccrcpon2. dm 14 2 54 BACKGROUND & DISCUSSION According to the most recent ABC Crime and Arrest statistics report prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 108. Based on 2003 reported data prepared by the Police Department, the district had a total of 14 Part I crimes and 5 felony and misdemeanor arrests. The district also had 17% below the average of all RD's based on 2003 reporting data, and does not have an "undue concentration" of alcohol licenses and crime. Any protests regarding the issuance of a restaurant license (Type 41) must be filed with the Department of Alcohol Beverage Control (ABC) during the 30 -day review period, or a 20 -day extension may be requested. The 30- day review period will end on March 25, 2004. The Police Department and Department of Community, Economic and Development Services have no concerns with the issuance of the ABC license, since the overall city as compared to other cities within the county is considered a low crime location. The City of El Segundo has a total population of 16,033 and has 23 active Type 41 licenses. The project site is located in Census Tract 6201.02, and has a total population of 3,510 according to the United States Census Bureau data collected in 2000. Based on the most current regulations adopted by the ABC, Type 41 licenses are not limited by the population count within the census tract. The approval of this license request would be for the convenience of serving their customers at the restaurant, and not a necessity. A request for a new license is required, since the applicant does not currently hold a Type 41 license, and there was no previous license issued for this address location. The applicant has indicated that the proposed hours of operation for the restaurant are from 7:00 AM to 9:00 PM, seven days a week. On February 27, 2004, the Director of Community, Economic and Development Services Department approved Good Stuff Restaurant's AUP application (EA No. 637, AUP No. 04- 01) and the Planning Commission review of this request as a Receive and File item on their agenda, is scheduled for the regular Planning Commission meeting on Thursday, March 11, 2004. The ABC license review is a completely separate application from the City's AUP process, which requires mandatory findings that are regulated by the Department of Alcohol Beverage Control. The Department of Alcohol Beverage Control (ABC) in addition to reviewing the city's AUP approval is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, priorto issuance of any type of license. P'.\Pimning & Building Safety\ PROJECTS\ 626- 650\Ea- 63TEA- 637ccrepmQ c 2 5,, CITY OF EL SEGUNDO Types of Alcoholic Beverage Control (ABC) Licenses Counted Toward "Undue Concentration" Calculations I. ON -SALE -- ON -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 41 24* Type 42 2 Type 47 18 Type 48 1 Type 51 1 Type 57 1 Type 70 1 TOTAL 48 On -Sale Beer and Wine for Bona Fide Public Eating Place - Restaurant Operation. Minors Permitted. On -Sale Beer and Wine for Public Premises - Food not required. Minors Not Permitted. On -Sale General for Bona Fide Public Eating Place - Restaurant operation. Beer, Wine and Distilled Spirits. Minors Permitted. On -Sale General for Public Premises - Cocktail Lounge. Minors Not Permitted. Club - Veterans or Other. Special On -Sale General - Entertainment Allowed On -Sale General Restrictive Service - Hotel Il. OFF -SALE -- OFF -SITE CONSUMPTION OF ALCOHOL ONLY License Number Type of Licenses Type 20 7 Off -Sale Beer and Wine t Type 21 7 Off -Sale General - Beer, Wine and Distilled Spirits TOTAL 14 *[Includes new Type 41 license for Good Stuff Restaurant at 131 Grand Avenue.] PAPI*nning 8 Building Safely \PROJECTS \626 - 650\E.- 637 \EA -637 ABC-CALCS Eoc Update: 03/03/04 256 EL SEGUNDO POLICE DEPARTMENT 2003 CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD RD PART 1 CRIMES FELONY /MISD ARRESTS TOTAL PERCENTAGE+/ - 101 38 11 49 113 % 102 26 8 34 48% 103 10 2 12 -48% 104 23 9 32 39% 105 15 3 18 -22% 106 11 3 14 -39% 107 66 31 97 322% 108 14 5 19 -17 109 10 3 13 -43 % 110 9 2 11 -52% 111 3 0 3 -87% 112 18 7 25 9% 113 16 9 25 9 114 4 0 4 -83% 115 2 1 3 -87% 116 0 0 0 0% 201 19 8 27 17% 202 9 1 10 -57 203 17 7 24 4% 204 1 0 1 -96% 205 15 2 17 -26% 206 24 9 33 43 % 207 32 12 44 91% 208 39 14 53 130% 209 27 9 36 57% 210 37 13 50 117% 211 13 4 17 -26% 212 18 6 24 4% 301 8 0 8 -65% 302 13 2 15 -35% 303 5 1 6 -74% 304 0 0 0 0% 305 11 3 14 -39% 306 1 0 1 -96% 307 0 0 0 0% 308 71 34 105 357 % 309 33 12 45 96% 310 2 0 20 -91% 311 19 3 22 -4% 312 13 2 15 -35% 313 12 2 14 -39% 314 1 0 1 -96% 315 7 1 8 -65% 316 2 0 2 -91 % 317 15 4 19 -17% 318 32 13 45 96% 319 83 46 129 461 % 320 7 1 8 -65 % 321 13 1 4 17 -26% 322 1 0 1 -96% 323 4 0 4 -83 % 324 0 0 0 0% TOTALS 869 307 1176 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 17 Average # of Felony/Misdemeanor Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 23 Results from 01/01/2003 through 12/31/2003 Information provided by the Police Records Bureau 257 n O n I �Iggg •� � N n 1•cwi.•rw G � � n I Q \ \\\ N n_ n S ll,oi L N Yq y IM. ti Y � a♦I • r � dl e„ a 0 N 6 r�r � N n �M uo W AMY MOi r (� U Cl) Y y nM _.. a a o � F D O Y a � Z = V� r tY � O CL W i i O r� 4 r ..J �M GtT Y ta. S� GU1J February 27, 2004 Appointed officials: Cris Bennett Mary Strenn, Good Stuff Restaurant, Inc Elected officials: 1617 Pacific Coast Highway Mike , Redondo Beach, CA 90277 Maayor yor application for the above - referenced project and the Director of Santlra Jacobs, Community, Economic, and Development Services has APPROVED Mayor Pro Tern Administrative Use Permit No. 04 -01 for the on -site sale of beer and wine Nancy Warrick, at 131 Grand Avenue. The following are the findings and facts in support Council Member John G. Gaines, SUBJECT: Environmental Assessment EA No, 637 and Council Member ,Kelly M F Administrative Use Permit AUP No. 04 -01 Counncil cil Member e C %ntlCMorta Sale of beer and wine for on -site consumption at Good City Clerk rk Ralph Lanphers, Stuff Restaurant (Type 41 ABC License) City Treasurer Address: 131 Grand Avenue, El Segundo Appointed officials: Dear Mr. Bennett: Mary Strenn, Mark D. Hensleyr, I am pleased to inform you that, in accordance with Chapter 15 -22 of the City Attorney City of El Segundo Zoning Code, the Planning Division has reviewed your application for the above - referenced project and the Director of Department Directors: Community, Economic, and Development Services has APPROVED Johney Stewart, Administrative Use Permit No. 04 -01 for the on -site sale of beer and wine Assistant City Manager James Hanseny,Economicantl at 131 Grand Avenue. The following are the findings and facts in support C Development Services of each finding for this decision: Bret Plumlee, Atlministra ti✓9 Services Nom ie, Fire re Ch Chief FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Debra Brighton, Library JackP e•Chie Environmental Assessment EA No. 637 Dale Johnson, Interim, Public Works Stacla Mancini, Recreation B Parks ,Finding 1 The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section wwmelsegundo.org 15301, Class 1, as the operation of an existing private structure involving negligible or no expansion of use. I t Facts in Support of Finding 1 1. The applicant proposes to provide for the sale of beer and wine for on -site consumption at Good Stuff Restaurant. CEQA does not require an environmental assessment if the use has little or no Community, Economic and Development Services Department 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2300 FAX (310) 322 -4167 2127104 11 J r physical improvements to the structure. The approval for the construction of the commercial retail development that contains the restaurant and the parking structure at the rear, was approved with a Mitigated Negative Declaration in 2002. 2. The 1,801 square foot restaurant will be located in a newly constructed commercial retail development at 131 Grand Avenue. Administrative Use Permit 04 -01 Finding 1 There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide on -site sale and consumption of alcohol in a new family -style restaurant. The approximately 1,801 square foot restaurant will be located in a newly constructed commercial retail development with a total of 52 indoor seats, and 14 outdoor seats. 2. The restaurant shall obtain a State of California Alcohol and Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41). 3. The surrounding land uses are neighborhood - serving commercial, office, retail and restaurants in the area. These uses are compatible with the purpose and intent of the proposed use. 4. The intended hours of alcohol sale are expected to be during the hours the restaurant is open. The restaurant's hours of operation are from 7:00 a.m. to 9 p.m., seven days a week. 5. The General Plan land use designation for the site is Downtown Specific Plan. 6. The zoning for the site is Downtown Specific Plan (DSP), specifically'the Grand Avenue District. The proposed use requires an Administrative Use Permit (AUP) in accordance with Section VI.EA.a. of the El Segundo Downtown Specific Plan. 2 260 7. On March 11, 2004, the EI Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Finding 2 5 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 1. The General Plan land use designation for the site is Downtown Specific Plan. 2. The zoning for the site is Downtown Specific Plan (DSP), specifically the Grand Avenue District (GAD). The proposed use (on -site consumption of beer and wine) requires an Administrative Use Permit (AUP) in accordance with Section VI.EA.a. of the El Segundo Downtown Specific Plan. Restaurants are a permitted use in this district of the zone in accordance with Section VI.E.2.a.(ii) of the Downtown Specific Plan. 3. The purpose of the Grand Avenue District (GAD) of the Downtown Specific Plan (DSP) Zone is to link the retail downtown core with the historic Richmond Street District, providing a pedestrian - oriented and pedestrian - friendly environment, preferably in a mixed -use environment (Section VI.E.1.). The proposed use is consistent with this purpose. 4. The surrounding land uses are neighborhood - serving commercial retail, restaurants, commercial office, and commercial /residential in the area. These uses are compatible with the purpose and intent of the proposed use. Other restaurants in the surrounding area also have alcohol licenses for the sale of beer and wine. kInding 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvemlpnts in the vicinity. Facts in Support of Finding 3 1. The restaurant will be located in a newly constructed commercial retail development with on -site parking. 3 26t 2. The surrounding land uses are neighborhood - serving commercial office, commercial retail, and commercial /residential in the area. 3. The existing restaurants in the surrounding area with alcohol licenses have not been a source of crime or security problems. Finding 4 Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and compensated for. Facts in Support of Finding 4 1. 4 The applicant shall obtain a license from the State of California Department of Alcohol Beverage Control for on -site sale and consumption of alcohol. 2. The State of California Department of Alcohol Beverage Control has indicated they will issue a license to sell alcohol to the applicant. 3. The intended hours of alcohol sale are expected to be during the hours the restaurant is open. The restaurant's hours of operation are from 7:00 a.m. to 9 p.m., seven days a week. 4. The surrounding land uses are neighborhood- serving commercial office, commercial retail, and commercial /residential in the area. 5. The sale of alcohol will not create any new impacts that would not normally be associated with a restaurant. Finding 5 ii The State of California Department of Alcohol Beverage Control will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 1. The applicant shall obtain a license from the State of California Department of Alcohol Beverage Control. 4 2 6" Based on these findings and facts in support of these findings, the Director of Community, Economic, and Development Services APPROVES the proposed project, subject to the following condition: 1. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -637 and AUP 04 -01. PLANNING COMMISSION Please be advised that this does not conclude the review process. This determination will be transmitted to the Planning Commission at its March 11, 2004 meeting with the recommendation that the Planning Commission Receive and File the determination. An appeal of this decision may be filed with the Planning Division prior to the Planning Commission meeting at which this decision is to be received and filed. If an appeal is filed, the item will be scheduled for a future public hearing (as required by the Municipal Code). The City Council will determine whether or not to protest the issuance of the ABC License for the sale of beer and wine for on -site consumption at its meeting on March 16, 2004. Should you have any questions, please contact Maria Baldenegro, Assistant Planner or any other Planning Division staff member, at (310) 524 -2341. Sincerely, � t Kimberly C tstensen, AICP, Planning Manager for James M. Hansen, Director Department of Community, Economic, and Development Services ti cc: James Hansen, Director Paul Garry, Senior Planner P: \Planning & Building Safety \PROJECTS \626- 650 \Ea- 637VAUPLTR.doc i r) n � h,7 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: March 11, 2004 SUBJECT: Environmental Assessment EA No. 637 Administrative Use Permit AUP No. 04 -01 APPLICANT: Good Stuff Restaurant c/o Cris Bennett PROPERTY OWNER: 612 Twin Holding, LLC REQUEST: Sale of beer, wine and alcohol for a newly constructed family -style restaurant with a semi - enclosed outdoor dining area. PROPERTY INVOLVED: 131 West Grand Avenue, Suite C DESCRIPTION The Planning Division received the above referenced application for an Administrative Use Permit (AUP) to allow the sale of beer and wine for on -site consumption at a bona fide public eating place (Type 41 ABC License). The 1,801 square foot restaurant will be located on the ground floor of a newly constructed commercial retail development within the Downtown Specific Plan (DSP) Zone. The property is being developed with three commercial - retail lease areas facing Grand Avenue and a three -story parking structure at the rear. The project site was previously the parking lot for Ralphs Grocery store, which is now Cooke's Family Market. The construction of the restaurant is underway, and it is expected to open by mid -April of this year. The proposed restaurant will be facing south on the north- east corner of Grand Avenue and Richmond Street. Alcoholic beverages will be served within the three dining areas of the restaurant, which include an open interior seating area, an open bar and an outdoor dining area with 66 seats total. The two interior dining areas are comprised of approximately 750 square feet with 52 seats. The outdoor dining area is bounded by a 2' -6" high perimeter planter, which is comprised of 199 square`feet with 14 seats. The owner of the restaurant will be requesting a new (Type 41) License from the State of California Department of Alcoholic Beverage Control forthis establishment, but an AUP is needed since there is no previous business with a license at this 264 location, prior to the adoption of the current code. Section VI.E.4.a. of the El Segundo Downtown Specific Plan, requires an ALP for on -site alcohol consumption at restaurants and similar establishments. The applicant intends to provide 199 square feet of outdoor dining as part of the restaurant configuration. Outdoordining is a permitted accessory use and does not require a discretionary permit, provided the area does not exceed 200 square feet of floor area. Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit. The attached letter specifies all of the required findings for the permit. II. RECOMMENDATION Receive apd File. III. EXHIBITS A. Letter to applicant, dated February 27, 2004 B. Administrative Use Permit application Prepared by: Maria Baldenegro, Assistant Planner j/�1 ��nQLr Kimberly C stensen, AICP, Planning Manager Community, conomic and Development Services Jma es M. Hansen, Director Community, Economic and Development Services P OEPT�PLANN INGB BUILDING AND SAFETMROJECTE\626- 650 \EA -637sr O b 1 -. �ki 01/17/1994 01:34 EE USKETEERS Educate 0 e Polrtnerz Boeing Empioym Community Fund r< Toyota Motor Sales K National Tree Tnat Gaup 22 Northrop Grumman Xerox Federal Credit Union RayCtean Cny or El Segundo The Boeing Cc . a~ chord, Funny Vans Foun4a4on K Sts Fame r Chevron Product Co. >r Margot Nellipwl x American AWirm / American E%le „ Thomas Properties W County of Los Ar las Uruon Bank of CalOorria w Youth Ser not America Cathmne \%%an w Maud Chadreri s FoundWon Conmcr+ol Da )opment Corp. r Mike A Denisc Gordon On the Go Cargo w 0 Segur4o Firefighters Asst Nverside AMa Center Assn K West Coast Arbonsu 3103224482 TREE MUSKETEERS * Plant * Conserve March 10, 2004 Mary Strenn City Manager 350 Main Street El Segundo, CA 90245 Dear Mary, PAGE 01 A Mission; To Empower Young People to be teodvs of Enrironmeniol and Social Change in Earth's Commonnies * Beautify * Preserve Plant a Creel 160,000 people. primarily children, die annually as a result of global warrnirg— 440 deaths per day! World Health Organ¢aticn The California Redwood has been our state tree for many years, and when the Oak was recently designated as our national tree, youth leaders at TREE MUSKMERS came to think that El Segundo should have an official tree. They zeroed in on the California Sycamore for several reasons: • Marcie the Marvelous Tree, a California Sycamore, is one of our nation's Famous and Historic Trees, The California Sycamore is the primary tree planted along Main Street for the revitalization of El Segundo's downtown; and • California Sycamore is one of the species the City of Los Angeles will allow us to plant in the Imperial Highway median. Youth managers have been collecting signatures of citizens who endorse the idea. Angelica Roque would like to deliver the resolutions to City Council on March 16 with a request that they consider designating the California Sycamore as El Segundo's official tree at its April 6 meeting when they will be proclaiming Earth Day. In sum, this is simply a symbolic action that further recognizes the important role of trees in our community with no fiscal impact or action steps beyond the resolution. Sincerely, 0412 Gait Church Executive Director 2 6Ci 136 Main St. • E1 Segundo, CA 902e5 * 310.322.0263 * PAX 310.322.dd82 • info @treemusketsers.org * w Areemusketeers. org Printed with Say Been Ink on Recycled Paper MAR -10 -2004 14:15 3103224482 ge% P.01