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2005 AUG 02 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in lenqth In compliance with the Americans with Disabilities Act, it you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 2, 2005 — 5:00 P.M. Next Resolution # 4432 Next Ordinance # 1386 5:00 P.M. SESSION CALL TO ORDER ROLL CALL SPECIAL ORDERS OF BUSINESS: Discussion and possible action regarding appointing Jeff Stewart, City Manager, as Labor Negotiator with respect to El Segundo Firefighter's Association Inc, I A F F Local 3682 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — § matters City of El Segundo v City of Los Angeles, et al , LASC No BS094279 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 2009060244 City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2 Alaska, LASC Case No BC319033 Ward v City of El Segundo, LASC Case No BC325247 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §549569(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) 2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -1- matter 1 Labor Negotiations Represented Group El Segundo Firefighter's Association Inc , I A F F Local 3682 City Negotiator Jeff Stewart CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: -0- matter 002 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 2, 2005 - 7:00 P.M. Next Resolution # 4432 Next Ordinance # 1386 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Rabbi Allen Freehling, Executive Director of the Los Angeles City Human Relations Commission PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides 003 PRESENTATIONS - (a) Introduction to the community of Linda Conkey, Manager, Government and Public Relations, Raytheon Space and Airborne Systems ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any Item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Recommendation - (1) Hold Public Hearing, (2) Read Resolution by title only, (3) Adopt Resolution, (4) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 11 rd E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2. Warrant Numbers 2548389 to 2548626 on Register No. 20 in the total amount of $1,663,893.00 and Wire Transfers from 7/8/2005 through 7121/2005 in the total amount of $833,300.74. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify. Payroll and Employee Benefit checks, checks released early due to contracts or agreement; emergency disbursements and /or adjustments, and wire transfers 3. City Council Meeting Minutes of July 19, 2005 Recommendation — Approval. 4. Consideration and possible action regarding adoption of an Ordinance adding a new Section 10 -3 -12 to Chapter 3 of Title 10 of the El Segundo Municipal Code (ESMC) entitled "Beach Regulations" to prohibit smoking at the public beach within the City of El Segundo. Recommendation — (1) Second reading by title only and adoption of Ordinance No 1385, (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding the annual destruction of identified records in accordance with the provisions of § 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000) Recommendation — (1) Approve Resolution authorizing the destruction of certain records, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action to receive and file the FY 2005 -2006 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and publish key Recommendation — (1) Receive and file the FY 2005 -2006 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan, (2) Publish announcements of the key budget dates, a) Budget Workshop — August 16, 2005, 5 00 p m , b) Public Hearing — September 6, 2005, 7 00 p m , c) Continued Public Hearing and Adoption — September 20, 2005, 7 00 p m , (3) Alternatively, discuss and take other action related to this item 5 005 7. Consideration and possible action regarding approval of a $2,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program. Recommendation — (1) City Council accept FAA Grant Agreement for Project No AIP 3- 06- 0139 -32, (2) Authorize the Mayor to execute the FAA Grant Agreement, (3) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding a request for an operation permit located at 600 S. Allied Way to allow Empire International Ltd., a chauffeured transportation business, to transport passengers on the City's public streets. Recommendation — (1) Approve an operation permit request for Empire International Ltd , a chauffeured transportation service business, to transport passengers on the City's public streets, (3) Alternatively, discuss and take other actions related to this item 9. Consideration and possible action to approve the License Agreement between the City of El Segundo and Viacom Outdoor to provide, install, maintain and repair bus shelters, with and without advertising, and bus benches at various bus stop locations in the City. (Projected Income: $70,000 annually). Recommendation — (1) Approve the Agreement with Viacom Outdoor, (2) Authorize the Mayor to execute the Agreement on behalf of the City, (3) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding approval of the Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA) contract for animal sheltering services. (Fiscal Impact: $26,400) Recommendation — (1) Approve the SPCALA contract for animal sheltering services and authorize the Mayor of El Segundo to execute, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding invoice from Enforcement Technology, Inc., a collection service for delinquent police department parking citations. (Fiscal Impact: $16,923.60) Recommendation — (1) Approve payment of the invoice for services rendered by Enforcement Technology, Inc , (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA 3 {1. F. NEW BUSINESS 12. 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) at an existing restaurant, El Segundo Fish Company, located at 210 East Grand Avenue, EA No. 671 and AUP No. 05 -01. Applicant: Allen Shadgoo. Recommendation — (1) Determine that the City Council does not protest the issuance of the new Type 41 ABC license at 210 East Grand Avenue, (2) Alternatively, discuss and take other action related to this item 13. 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 at a new restaurant located at 422 Main Street, EA No. 672 and AUP No. 05 -02. Applicant: Sylvie Gabriele and Ali Mosavi Nejad. Recommendation — (1) Determine that the City Council does not protest the issuance of the new Type 41 ABC license at 422 Main Street, (2) Alternatively, discuss and take other action related to this item 14. Consideration and possible action to support a regional application by the El Segundo School Unified District and nine other South Bay school districts for a 2005 Emergency Response and Crisis Management (ERCM) Grant to enhance their local disaster preparedness. (Fiscal Impact: None) Recommendation — (1) Authorize the Mayor to sign the partnership agreement, (2) Authorize the Fire Chief and Police chief to sign their respective sections of the partnership agreement; (3) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE 1. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — 007 Council Member Jacobson - Mayor Pro Tern Gaines - Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or confernng with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED % DATE �/V 0, TIME NAMEGld�e „L�/ i PRESENTATIONS — (a) Introduction to the community of Linda Conkey, Manager, Government and Public Relations, Raytheon Space and Airborne Systems 009 EL SEGUNDO CITY COUNCIL MEETING DATE- August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Special Orders of Business AGENDA DESCRIPTION, Consideration and possible action (public hearing) regarding a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089 RECOMMENDED COUNCIL ACTION. 1 Hold Public Hearing, 2 Read Resolution by title only, 3 Adopt Resolution, and /or 4 Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION. The Congestion Management Program (CMP) became effective with voter approval of Proposition 111 In June 1990 The CMP is a tool to facilitate coordination between transportation and land use decisions It requires agencies to weigh the Impacts of traffic generated by developments and requires the mitigation of additional congestion In accordance with State law, the Los Angeles County Metropolitan Transportation Authority (MTA) has adopted the CMP for Los Angeles County Cities within the County are required to comply with the adopted CMP or risk the loss of Gas Tax revenues received pursuant to Proposition III (Continued on the next page) ATTACHED SUPPORTING DOCUMENTS 1 Resolution for adoption 2 2005 Local Development Report FISCAL IMPACT None Capital Improvement Program NIA Amount Requested N/A Account Number NIA Project Phase: N/A Appropriation Required* N/A :0RIGINAy9D BY. DATE• Rfnx o Ginfnn rLrnnf of A,ihhn 1A /nrLc 010 1 STAFF REPORT PAGE 2 BACKGROUND & DISCUSSION. (cont.) The MTA requires that by September 1St of each year, local agencies submit a self - certification Resolution and a Local Development Report pursuant to a noticed public hearing as required by State law The self - certification Resolution consists of the following A finding that the City is In conformance with the CMP 2. Certification that the City will continue to Implement the Transportation Demand Management Ordinance (City Zoning Code, Chapter 15 -16) 3 Certification that the City will continue to implement a Land Use Analysis Program (City Council Resolution No 3805) 4 2005 Local Development Report In previous years, the CMP required the City to calculate the total debits and credits accruing from building and demolition permits and transportation Improvement strategies and to maintain a positive credit balance The City's credit balance as of May 31, 2003 was 6,642 On February 18, 2004, MTA suspended the requirement that cities maintain a positive credit balance and suspended the requirement to calculate credits and debits resulting from construction activity and transportation Improvements strategies, while it prepares a nexus study to explore the feasibility of implementing a congestion mitigation fee to meet CMP Deficiency Plan requirements The City's current credit balance remains frozen until MTA completes Its study This year the City Is only required to report the number of dwelling units permitted and the floor area of new non - residential buildings and demolitions The attached Local Development Report summarized the development activity for the June 1, 2004 to May 31, 2005 reporting year Staff from the Departments of Public Works and Planning and Building Safety have worked together to develop the Local Development Report P \Planning & Building Safety \CMP\2005CMP CCReport doe 7/25/05 revised Oil RESOLUTION NO. A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT PURSUANT TO GOVERNMENT CODE § 65089. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds that A The Los Angeles County Metropolitan Authority ( "MTA" ), acting as the Congestion Management Agency for Los Angeles County, adopted the 1999 Congestion Management program in December 1999, B As adopted, the CMP requires that MTA annually determine that Los Angeles County and cities within the County conform with all CMP requirements, C Among other things, the CMP requires municipalities within Los Angeles County to submit Local Development Reports to the MTA by September 1 each year, D The City Council held a noticed public hearing on August 2, 2005, E Based upon the August 2, 2005 public hearing, the City Council determined that 1 By June 15 of odd - numbered years the City conducts annual traffic counts and calculated levels of service for selected arterial intersections consistent with the requirements identified in the CMP Highway and Roadway System Chapter; 2 The City adopted and continues to implement a transportation demand management ordinance consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter, 3 The City adopted and continues to implement a land use analysis program consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter, and 4 The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the Draft 2005 CMP This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency 012 Plan consistent with the MTA Board adopted 2003 Short Range Transportation Plan SECTION 2 In accordance with its findings, the City Council determines that the City of El Segundo is in compliance with all requirements of the 1999 CMP, as amended SECTION 3 This Resolution will remain effective until superseded by a subsequent resolution SECTION 4 This Resolution will take effect immediately upon adoption PASSED AND ADOPTED this 2nd day of August, 2005 Kelly McDowell, Mayor City of El Segundo APPROVED AS TO FORM Mark D Hensley, City Attorney a Karl H Berger, Assistant City Attorney 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 2nd day of August 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk P \Planning & Budding Safety \CMP\2005 CMP Resolution doe 013 CITY OF ELSEGUNDO Date Prepared, July 26, 2005 2005 CMP Local Development Report Reporting Period: JUNE 1, 2004 - MAY 31, 2005 Contact: Kimberly Christensen, Planning Manager Phone Number- (310) 524 -2340 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT- All "#valuel" cells on this page are automatically calculated. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi - Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq ft) Commercial (300,000 sq ft or more) Freestanding Eating & Drinking NON - RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq ft ) Office (50,000 - 299,999 sq ft ) Office (300,000 sq ft or more) Medical Government Institutional /Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non - residential sq ft (in 1,00 1 Note Please chanae dates on this form for later veal, Dwelling Units 7.00 34.00 0.00 1,000 Net Sq Ft.' 4.06 0.00 000 @M 7.28 0.00 0.00 0.00 0.00 000 000 Daily Trips 000 000 P; Section 1. Paae 1 2 Net square feet is the difference between new development and adjustments entered on pages 2 and 3 014 CITY OF EL SEGUNDO Date Prepared. July 26, 2005 2005 CMP Local Development Report Reporting Period: JUNE 1, 2004 - MAY 31, 2005 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0 " -.RDEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 21.00 Multi-Family Residential 47.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category Commercial less than 300,000 s ft 00 fflo.00 Commercial 300,000 s ft or more 00 Freestandin Eatin & Drinkin NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodqing 0.00 Industrial 87.29 Office less than 50,000 sq ft 7.28 Office 50,000 - 299,999 sq ft 000 Office 300,000 sq ft or more 000 Medical 000 Government 000 Institutional /Educational 000 Universe # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 2 015 CITY OF EL SEGUNDO Date Prepared: July 26, 2005 2005 CMP Local Development Report Reporting Period: JUNE 1, 2004 - MAY 31, 2005 Enter data for all cells labeled "Enter " If there are no data for that category, enter "0 " .._ DEVELOPMENT IMPORTANT Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting eriod RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 14.00 Multi-Family Residential 13.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 sq ft 406 Commercial 300,000 sq ft or more 000 Freestanding Eating & Drinking 000 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 000 Industrial 114.34 Office less than 50,000 sq ft 0.00 Office 50,000 - 299,999 sq ft 0.00 Office 300,000 sq ft or more 0.00 Medical 000 Government Goo Institutional /Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 000 ENTER IF APPLICABLE 0.00 016 CITY OF EL SEGUNDO Date Prepared. July 26, 2005 2005 CMP Local Development Report Reporting Period: JUNE 1, 2005 - MAY 31, 2005 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0 " ••' DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing 0 Dwelling Units High Density Residential DO Dwelling Units Near Rail Stations Mixed Use Developments 1 01 1,000 Gross Square Feet Near Rail Stations 1 01 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 1 01 Dwelling Units Reconstruction of Buildings 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 1 01 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan 1994 Earthquake 1 01 Dwelling Units Total Dwelling Units 0 Total Non - residential sq ft (in 1.000s) 1 0 Section /, Page 4 Exempted Development Definitions: 1 LowNery Low Income Housing As defined by the California Department of Housing and Community Development as follows -Low-Income equal to or less than 80% of the County median income, with adjustments for family size - Very Low - Income equal to or less than 50% of the County median income, with adjustments for family size 2 High Density Residential Near Rail Stations Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance A protect providing a minimum of 75 dwelling units per acre is automatically considered high density 3 Mixed Uses Near Rail Stations Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing 4 Development Agreements Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989 5 Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity 6 Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval /disapproval authority These locally precluded projects do not have to be reported in the LDR 017 K$ §( �{ (( ) | k- (� S{ k\ )\ }} k / k � \ !E! §§§ S=SO.8989 as § ! § !�; _ § \\ )\ ` 0 � )! 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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 2005 — 5.00 P.M. 5 00 P M SESSION CALL TO ORDER— Mayor McDowell at 5 05 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, Including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor conferring with the City Attorney on potential andlor existing h6gation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows• CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 6 matters 1 City of El Segundo v City of Los Angeles, et al , LASC No BS094279 2. Re Variance Application of- City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 2009060244 3 Yeaton v. City of El Segundo, LASC Case No BS096351 4 Chen v City of El Segundo LASC Case No YC049424 5 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 6 Ward v City of El Segundo LASC Case No BC325247 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter 3 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 1 022 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter Council moved to open session SPECIAL MATTERS — 6 00 P M Interview of candidates for City Committees, Commissions and Boards (GCBs) regarding Library Board of Trustees and Investment Advisory Committees and potential appointment of members to the CCBs Interviews will commence at approximately 6 00 p m and will be held in the West Conference Room and are open to the public Council consensus to appoint Dorothy Doukakis and Steve Hunt to the Library Board of Trustees for full terms, expiring 6/30/08 and William Bue to the Investment Advisory Committee for a full term expiring 8/30/09 Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005 Council recessed at 6 35 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 2 023 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 19, 2005 - 7 00 P M. 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Fr Jim Anguiano of St Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Council Member Boulgarides presented a Proclamation commemorating July 19, 2005 as the 20th anniversary of the El Segundo Outreach Program and inviting citizens to get involved and volunteer their time to the El Segundo Outreach Program which enhances the quality of life of our seniors and disabled (b) Council Member Jacobson presented a Proclamation commemorating July 21, 2005 as El Segundo Farmers' Market 6th Anniversary and inviting El Segundoans to participate in the cake cutting ceremony to be held at 5 30 p m on July 21, 2005 (c) Council Member Busch presented a Proclamation commemorating July 24, 2005 as National Parents Day in El Segundo (d) Mayor McDowell presented a Proclamation commemorating July 29, 2005 as Volunteer Recognition Day at The Lakes of El Segundo in honor of the City of El Segundo Volunteers (e) Presentation by the El Segundo Unified School Board regarding facilities and academic achievements ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 3 024 Eric Batch, advocate for the American Heart Association, spoke in favor of the smoke free beach Ordinance Andy Delebach, Surf -rider Foundation, spoke in favor of the smoke free beach Ordinance A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT B SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) to adopt the Recreation and Park Commissions' recommendation to increase Swim Lesson fees, Recreation Park Identification Card fees and Co -ed Softball Leagues fees (Fiscal Impact $60,800 revenue) Mayor McDowell stated this is the time and place hereto fixed for a public regarding possible action to adopt the Recreation and Park Commissions' recommendation to increase Swim Lesson fees, Recreation Park Identification Card fees and Co -ed Softball Leagues fees City Clerk Mortesen stated that proper notice was completed and one communication had been received in the City Clerk's Office MOVED by Council Member Jacobson, SECONDED by Council Member Busch to continue the public hearing to August 16, 2005 regular Council Meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT C UNFINISHED BUSINESS 2 Consideration and possible action to add Section 10 -3 -2 to Chapter 3 of Title 10 of the El Segundo Municipal Code (ESMC) to prohibit smoking at the public beach within the City of El Segundo Jeff Stewart, City Manager, gave a report Mark Hensley, City Attorney, read by title only ORDINANCE NO 1385 AN ORDINANCE ADDING A NEW SECTION 10 -3 -12 TO CHAPTER 3 OF TITLE 10 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED "BEACH REGULATIONS " Council Member Boulgarides introduced the ordinance MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 4 025 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the announcement of the appointments of candidates to the Library Board of Trustees and Investment Advisory Committee Mayor McDowell announced the appointment of Dorothy Doukakis and Steve Hunt to the Library Board of Trustees for full terms, expiring 6/30/08 and William Bue to the Investment Advisory Committee for a full term expiring 8/30/09 Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and Interviews will be scheduled for October or November, 2005 4 Consideration and possible action regarding an Annual Report of the Library Board of Trustees by President, Darcy Fulmer Council consensus to receive and file report 5 Consideration and possible action regarding the recommendations by the Library Board of Trustees and the Recreation and Parks Commission for naming four (4) new meeting rooms at the El Segundo Public Library Debra Brighton, Director of Library and Cable Services, gave a report. MOVED by Council Member Busch, SECONDED by Council Member Boulgarides to approve four choices selected by a sub - committee of Library Board of Trustees members, and Recreation and Parks Commission members a) The Blue Butterfly Room, b) The Sand Dune Room, c) The Gazebo Room, and d) The Rose Garden Room MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT 6 Consideration and possible action amending the Operating Agreement for management of the El Segundo Senior Citizen's Housing Corporation between the City of El Segundo and the El Segundo Senior Citizen's Housing Corporation Board of Directors City Manager, Jeff Stewart gave a report Dave Atkins, Member of the Senior Citizen's Housing Corporation Board of Directors supported the purchasing increase and answered Council questions MOVED by Council Member Jacobson, SECONDED Council Member Boulgarides to approve the second amendment to Agreement No 1888 between the City of El Segundo and the El Segundo Senior Citizens Housing Corporation Operating Agreement to increase purchasing authorization by the Senior Housing Board up to $10,000. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 5 026 7 Approved Warrant Numbers 2548151 to 2548388 on Register No 19 in the total amount of $2,160,926 24 and Wire Transfers from 6/24/2005 through 7/7/2005 in the total amount of $261,536 34 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 8 City Council Meeting Minutes of June 21, 2005 9 Adopted City's Investment Policy as submitted 10 Ratified the El Segundo Chamber of Commerce re- nomination and appointment of Elyse Rothstein to Seat #18 of the South Bay Workforce Investment Board (SBWIB) 11 Approved Resolution No. 4430 providing for salary and benefit changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code and Resolution No 4431 updating the Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan (Fiscal Impact $418,500 over 3 years) 12 Authorized the City Manager to amend and extend the existing Professional Services Agreement No 3478, in a form approved by the City Attorney, and to issue a purchase order to Prosum, Inc , to provide Information Systems consulting and support services (Fiscal Impact $30,000) 13 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 14 Approved Tract Map No 061601 to provide for a 5 -unit condominium project at 222 West Imperial Avenue as approved by the Planning Commission on December 9, 2004 (No Fiscal Impact) 15 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 16 Approved Professional Services Agreement No 3496 with MuniFinancial to provide a study to update the City's Traffic Congestion Mitigation Fee Program. (Fiscal Impact $36,000) Authorized the City Manager to execute the agreement in a form approved by the City Attorney 17 PULLED BY FOR DISCUSSION BY COUNCIL MEMBER BUSCH 18 Rejected bids for the replacement and removal of synthetic turf on the driving range at The Lakes Golf Course, No #PW05 -10 Authorized the City Manager to request bids at a later date MOVED by Council Member Busch, SECONDED by Boulgandes to approve Consent Agenda Items 7, 8, 9, 10, 11, 12, 14, 16, and 18 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 6 027 CALL ITEMS FROM CONSENT AGENDA 13 Consideration and possible action to approve Amendment No 2 to the City -Shell Pipeline Company Reimbursement Agreement No 3135 and approved a reimbursement agreement with Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Project (Fiscal Impact = $70,000 in addition to the previously approved $500,000) MOVED by Council Member Busch SECONDED by Council Member Boulgarldes to approve Amendment No 2 to the City -Shell Pipeline Company Reimbursement Agreement No. 3135 and approved Reimbursement Agreement No 3497 to Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Project (Fiscal Impact = $70,000 in addition to the previously approved $500,000) Authorize the City Manager to execute on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT 15 Consideration and possible action for final acceptance of the Holly- Kansas Park playground equipment replacement — Project No PW 04 -09 (Final contract amount = $87,410) MOVED by Council Member Boulgandes, SECONDED by Council Member Jacobson to accept work as complete on Holly- Kansas Park playground equipment replacement— Project No PW 04- 09 (Final contract amount = $87,410) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT 17 Consideration and possible action regarding the removal of decayed, diseased and high risk parkway trees on a city -wide basis MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to approve the recommended removal of decayed, diseased and high risk parkway trees on a city -wide basis Authorize the City Manager to execute an amendment to Great Scott Agreement No 3476A for tree services, in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 PAGE NO 7 MW Council Member Boulgarides — None Council Member Busch — Reported on, the July 4th celebration, his participation in a Civic Leaders Tour of Air Force Bases and the Council of Governments meeting Council Member Jacobson — Reported on the July 4th celebration, and the expert tree removal on West Walnut Mayor McDowell — Commended Council Member Busch on his appointment as the COG delegate to the AQMD Also reported that BRAC announced more bases to be added to the closure list. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves pnor 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 Chris Powell, resident, Invited the community to the Rotary "Movie in the Park" MEMORIALS — Michael Lewis, son of employee Mary Lewis. Dorothy Hardy, BIII Lurie, husband of Stacy Lurie Mike Gordon, former Mayor and District 53 Assembly representative, Maratha Louise Shea McDowell, mother of our current Mayor McDowell CLOSED SESSION - None ADJOURNMENT at 8 20 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 19, 2005 JT NO 8 EL SEGUNDO CITY COUNCIL MEETING DATE. August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of an Ordinance adding a new Section 10 -3 -12 to Chapter 3 of Title 10 of the El Segundo Municipal Code (ESMC) entitled "Beach Regulations" to prohibit smoking at the public beach within the City of El Segundo RECOMMENDED COUNCIL ACTION. 1) Second reading by title only and adoption of Ordinance No 1385, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. On July 19, 2005 the City Council Introduced an Ordinance to add a new Section 10 -3 -12 to the El Segundo Municipal Code Title 10, Chapter 3 to prohibit smoking at the public beach within the City of El Segundo If adopted, the El Segundo Municipal Code specifies that a violation of this Ordinance would be a misdemeanor, unless it is reduced to an infraction by the City Attorney In addition, the Municipal Code authorizes the Police Chief, pursuant to State Penal Code Section 8536, to issue citations as a method of enforcing the "no smoking" provisions ATTACHED SUPPORTING DOCUMENTS Ordinance No 1385 FISCAL IMPACT, NONE Operating Budget, Amount Requested, Account Number: Project Phase. Appropriation Required: ORIGINATED BY- DATE: July 27, 2005 030 4 ORDINANCE NO. _ 13$5 AN ORDINANCE ADDING A NEW SECTION 10 -3 -12 TO CHAPTER 3 OF TITLE 10 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED "BEACH REGULATIONS" The city council of the city of El Segundo does ordain as follows SECTION 1 Anew section 10 -3 -12 is added to ESMC Title 10, Chapter 3 to read as follows "10 -3 -12 Smoking Prohibited It is unlawful to smoke on any public beach within the city of El Segundo For the purpose of this section, "smoking" means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar or pipe For the purpose of this section, beach does not include parking lots or roadways " SECTION 2 Repeal of any provision of the El Segundo Municipal Code 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 3 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 4 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 5 This Ordinance will become effective thirty (30) days following its passage and adoption Page 1 of 2 031 PASSED AND ADOPTED this _ day of , 2005 Kelly McDowell, Mayor APPRC Mark E QI ATTEI 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 , 2005, 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 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk Page 2 of 2 032 EL SEGUNDO CITY COUNCIL MEETING DATE- August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION. Consideration and possible action regarding the annual destruction of identified records in accordance with the provisions of § 34090 of the Government Code of the State of California (Fiscal Impact Not to exceed $1000) RECOMMENDED COUNCIL ACTION 1) Approve Resolution authorizing the destruction of certain records, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION. Each year various Departments need to transition older documents to storage or destruction and make space for the new year's records By reviewing the older records and Inventorying the current ones, available storage space is used more efficiently Documents from the Administrative Services Department (accounting, payroll, risk management, purchasing, water billing), City Clerk's Office (election material, expired contracts, Fair Political Practices Commission filings, miscellaneous administrative records), Fire Department (emergency medical service reports), Police Department (parking and traffic citations, traffic collision reports, misdemeanor arrest reports, found property, stored vehicle reports) and the Library and Cable Services (miscellaneous administrative records) are proposed to be destroyed in accordance with Government Code § 34090 All records meet the required retention schedule adopted by City Council Resolution No 4291 and the City Attorney has given written approval for the destruction of these records ATTACHED SUPPORTING DOCUMENTS Resolution with Attachments FISCAL IMPACT Not to exceed $1000 Operating Budget: $1,000 Amount Requested $1,000 Account Number. 001 -400- 1301 -6214 Project Phase Appropriation Required: ORIGINATED BY: DATE• N�bQwme\ y Mortesen, City Clerk 7 - 26 -0 5 JeJfOdwart, City Manager 5 033 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DESTRUCTION OF PUBLIC RECORDS IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE. BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council finds as follows A Certain documents from the Administrative Services Department, City Clerk's Office, Fire Department, Police Department, and Library and Cable Services are proposed to be destroyed in accord with Government Code § 34090, B The City Attorney has giving written approval for the destruction of these records pursuant to Government Code § 34090, C Based upon the documents presented to it for destruction, it does not appear to the City Council that these records need be retained and are occupying valuable storage space SECTION 2 Pursuant to Government Code § 34090, the City Council approves the destruction of the records referred to in attached Exhibit "A," which is incorporated by reference, and authorizes the City Clerk to dispose of the records in any lawful manner SECTION 3 Upon destroying these documents, the City Clerk is directed to complete a certificate verifying the destruction of these records and file the certificate with the City's official records SECTION 4 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 5 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 2 "d day of August 2005 Kelly McDowell, Mayor Page 1 of 2 = STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 2nd day of August 2005, and the same was so passed and adopted by the following roll call vote: AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D Hensley M Karl H Berger Assistant City, 035 EXHIBIT A 036 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) PAYROLL: Date D !I tV 1,000 Hours Employee Prior to 1998 1 Current Year +2 ASD Report 1998 Leave Liability Report Prior to 1998 1 -2 Current Year +2 ASD 1998 Employee Time Sheets Prior to 1996 1 Audit +6 Years ASD 1996 RISK MGMT & ASD PURCHASING: Claims, Damage — Closed Prior to 1999 1 -21 Closure +5 Years ASD 1999 Purchase Orders Prior to 2000 1 -3 Audit +2 Years ASD 2000 APPROVED FOR DESTRUCTION: I HEREBY 7- z 5 -!�r: Date D ;� /3 Md r Date that the items listed above are approved for destruction on _ in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Clerk \Destructton_Retennon\2005 Certs \Cen of Destruetion ASD1 doc Date 037 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) APPROVED FOR DESTRUCTION: --;I,- `;?c`a) Date Date I HEREBY CEI/fj'Y that the items listed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Clerk \Destruchon_Retennon\2005 Certs \Cert or Destruction ASW doc Date 038 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) ACCOUNTING: Date I)AC Accounts Payable Prior to 1999 1 -35 Audit +4 Years ASD 1999 Bank Reconciliation Prior to 1998 1 -2 Audit +5Years ASD 1998 Deposits, Receipts Prior to 1999 1 -2 Audit +5 Years ASD 1999 Checks Prior to 1998 1 -2 Audit +5 Years ASD 1998 Warrant Register Prior to 2001 1 -2 Audit + 2 Years ASD 2001 Journal Entry Proof List Prior to 1999 1 Audit +5 Years ASD 1999 Citations Prior to 2001 1 -2 Current Year +2 ASD 2001 APPROVED FOR DESTRUCTION: 7 / -(j Date ate :ed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City ClerkUDestruction_Retentmn\2005 Certs\Cert of Destruction ASD2 doc Date 039 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) 7Miscellaneous ce - ROUTINE (e .g. 2002 2002 3 2 Years City Clerk e, Chronological, Letters, Memorandums, Reports, Reading, , etc Unused April 13, 2004 Candidate 2004 2004 4 N/A (Extras) City Clerk Handbooks and Forms Verified Absent Voter, Permanent 2004 2004 5 6 Months City Clerk Absent Voter and Provisional Voter Signatures Absent Voter, Permanent Absent 2004 2004 6 6 Months City Clerk Voter Return Envelopes Statement of Economic Interests — 1996 1996 1 7 Years City Clerk Originals SEE ATTACHED APPROVED FOR DESTRUCTION: D�0 rat S Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk Date 040 P \City Clerk \Destruction_Retennon\2005 Certs \Cert of Destruction -Clerk 2 doe DOCUMENTS FOR DESTRUCTION — 6/2005 BOX NO. 3 Calendar Year 2002 City Clerk's Department Correspondence — Routine (administrative, chronological, general files, letters, memos, miscellaneous reports, reading, working files, etc ) 041 DOCUMENTS FOR DESTRUCTION — 6/2005 BOX NO.4 Unused April 13, 2004 Candidate Handbooks and Forays 042 DOCUMENTS FOR DESTRUCTION — 6/2005 BOX NO.5 Verified Absent Voter/PAV/ Provisional Voter Signatures April 13, 2004 Election 043 DOCUMENTS FOR DESTRUCTION — 6/2005 BOX NO. 6 Absent Voter/PAV Return Envelopes, Apnl 13, 2004 Election 044 1996 700 STATEMENT OF ECONOMIC INTEREST FPPC (Originals) Box 1 James W Morrison Julia Abreu Susan Schofield Colleen Francis Mulvany James Hansen Cindy Mortesen Barbara Pearson Erika Condon Debra Brighton Carolme Rowan Gary Morris John W Hilton Bret Bernard Lauri Jester Paul Garry Hannah Bowen Naima Greffon Sara Mosleh Ron Darville Jim Fauk Patrick Miner William Hatcher Harvey Holden Loran Hammond Bellur K DevaraJ Bobby Joe Green Judy Andoe Richard Williams Linda L Lidster Jamie Taylor Tim Grimmond Ronald R Green John Wayt Steven R Jones Eunice Kramer Carl M Nessel David Sharp Jacob Nielson Steve Tsumura Eric Moore John Gilbert Debbie Bundy Sandra Romero Harry Reeves Tina Gall Eugene Gillingham Michael Rotolo John Gaines A J Paz Hobart K McDowell Terry Ceretto Marilynn G Thomas Steven Edelfsen Keith Covington Peter C Freeman Edna M Freeman Richard C Lundquist Gary Horwitz David J Gaulton William T Mason I1 Nancy L Cobb Carl Jacobson Brian Polkmghome Willard Krick Gary B Horwitz Bernice Whitcomb Charles Pulci Thomas G Coonan U4� CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) Municipal Election Ballots — voted, 4/13/2004 4/13/2004 7 -9 6 months City Clerk spoiled, unused General Employees Election Ballots August August 1 6 months City Clerk 1999 1999 Statements of Economic Interest 1996 1996 1 4 years City Clerk FPPC Filers (Copies) SEE ATTACHED Contracts — Completed, Terminated 1993 1994 2 Completion City Clerk SEE ATTACHED + 10 Years APPROVED FOR DESTRUCTION: ('AtWZ CJY M/LA A- Depart ent Head City Attorney Date 41/ r Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures. Cindy Mortesen, City Clerk P \City Clerk \Destruction Retentwn\2005 Certs \Cart of Destruction - Clerk dm Date 046 DOCUMENTS FOR DESTRUCTION — 612005 BOX NO. 1 1996 700 STATEMENT OF ECONOMIC INTEREST FPPC (COPIES) Jane Frnedkm Mike Gordon Sandra Jacobs Liam Weston Mark Hensley Brian Scott Crowley Stacey Palmer Robert Yeagley Charles W O'Heam Gary Wycoff James Boulgandes South Bay Good Govt PAC FPPC Filings (terminated 1/97) 047 DOCUMENTS FOR DESTRUCTION — 6/2005 BOX CONTRACTS MM• Completed 2290 Environmental Golf/Escrow Agmt/Security Deposits In Lieu of Retention 7/15/94 2215 Linscott, Law & Greenspan Engrs, Traffic Count 6/30/94 2227 NBS/Lowry, Consulting Rev Zoning and Subdivision Ords 2/15/94 2266 NBS /Lowry, Consulting Rev Zoning and Subdivision Ords Amendment 2/15/94 2265 Richard Garland, Traffic & Parking Consultant 6/30/94 2263 Gerald Hatzebuhler, Contract for On -Site Microfilming 6/30/94 2262 Compliance Group, Plan Checking 6/30/94 2261 George Boghosian & Assoc, Plan Checking 6/30194 2274 Tamtec Co , Consulting Services Community Dev Block Grant 6/30/94 2273 Just Right Home Car, Inc„ Community Dev Block Grant Consulting 6/30/94 2271 City of Redondo Bch, So Bay Juvenile Diversion Project 6/30/94 2268 Diana Cho and Assoc, Consulting Services Community Dev Block Grant 6/30/94 2283 Twining Labs of So Calif, Inspection & Materials Testing ES Golf Course 3/7/94 2289 Liebert, Cassidy & Frierson, Consulting for Legal Services 10/31/94 2288 Robert Bern and William Frost, Engineering Services 2/16/94 2287 DJ Construction, Landscape Improvements and Hillcrest Street Closure 1 1/16/93 2286 Patricia Jordan & Assoc„ Aerospace Sales Tax Coalition 10/31/93 2284 Pavement Coatings Co , Slurry Seal 11/16/93 2297 Tomoko Ghererdi, Community Development Block Grant Consultant 6/30/94 2296 Ton Fong, Community Development Block Grant Consultant 6/30/94 2295 Marion Ring, Community Development Block Grant Consultant 6/30/94 2294 Just Right Home Care, Community Development Block Grant Consultant 6/30/94 2293 Robert Bem, William Frost, Consultant Engrg Services Pump Station 7 3/1/94 2298 Ruth Parks, Community Development Block Grant Consultant 6/30/94 2299 Deborah Horn- Bostel, Community Development Block Grant Consultant 6/30/94 2327 Pacific Coast Construction, ESMC Compliance Service 4/15/94 2305 Merzi Painting, Water Sealing of City Buildings 3/15/94 2339 Dept of Transportation Federal Aid Project 07 -5235 12/31/94 MM• CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02)• EMS Reports Jan 1997 4 Dec 1997 77' Period Current + 6 yrs Fire (Minors 18 +1) EMS Reports Jan 1995 Jun 1995 2 Current + 6 yrs Fire Jul 1994 Dec 1994 (Minors 18 +1) EMS Reports Jan 1990 Jun 1990 3 Current + 6 yrs Fire Jul 1995 Dec 1995 (Minors 18 +1) EMS Reports Jul 1990 Dec 1990 4 Current + 6 yrs Fire Jan 1993 Jun 1993 (Minors 18 +1) EMS Reports Jan 1992 Dee 1992 5 Current + 6 yrs Fire Minors 18 +1 EMS Reports Jan 1996 Dec 1996 6 Current + 6 yrs Fire (Minors 18 +1) APPROVED FOR DESTRUCTION: Department Head oS Date Date ted above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk 11 \Forms \Cert of Destruction - FD Reques[_REVISED 5 17 05 (ong submit Dec 2004) doc Date 049 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) Date Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Clerk \Destruction_Retennon\2005 Certs \Cert of Destruction PD 2 doc Date 050 CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) FOR DESTRUCTION: /Date" Attorney Nate I HEREBY that the items listed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Cierk\Destrucnon_Retennon \Cert of Destruction doe Date 6Ji CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) lZecords Descriptiou Stored/Impound Vehicle Reports Start Mile 1994 I'll(] [lox # Date 1994 1 Izelcutioll Period 2 Years Dept Police Traffic Collision Reports 1994 1994 1 2 Years Police Misdemeanor Arrest Reports 1994 1994 1 2 Years Police Found Property Reports 1994 1994 1 2 Years Police Stored/Impound Vehicle Reports 1994 1994 2 2 Years Police Traffic Collision Reports 1994 1994 2 2 Years Police Misdemeanor Arrest Reports 1994 1994 2 2 Years Police Found Property Reports 1994 1994 2 2 Years Police APPROVED FOR DESTRUCTION: ep e� ate Attorney Date I HEREBY that the items listed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Clerk\Destmeuon Retention\2005 Certs \Cert of Destruction PD 3 doc Date 0510- CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02) F Forms 1 s Library Request for Reimbursement of Expense 10/1/01 9/30/02 2 years Library Copy Machine Receipts 10/1/01 9/30/02 2 years Library Lost Book (partial Paid) Receipts 10/1/01 9/30/02 2 Years Library Cash Register Tapes 1/2002 12/2002 2 Years I Library Invoices 1/2001 12/2002 2 Years L>br Purchase Orders 1/2002 1 12/2002 2 Years Library APPROVED FOR DESTRUCTION: Date 5 1l9' Os- Date :ed above are approved for destruction on in accordance with City policies and procedures Cindy Mortesen, City Clerk P \City Clerk0estrucnon_Reten[ton\2005 Cem \Cert of Destruction - Library doc Date 052 EL SEGUNDO CITY COUNCIL MEETING DATE August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION- Consideration and possible action to receive and file the FY 2005 -2006 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and publish key budget dates RECOMMENDED COUNCIL ACTION 1) Receive and file the FY 2005 -2006 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan 2) Publish announcements of the key budget dates a) Budget Workshop August 16, 2005, 5 00 p m b) Public Hearing September 6, 2005, 7 00 p m c) Continued Public Hearing and Adoption September 20, 2005, 7 00 p m 3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION Copies of the FY 2005 -2006 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan have been distributed to the City Council and are available for public inspection in the Library, City Clerk's office and the on the City web site www elsegundo org Continued ATTACHED SUPPORTING DOCUMENTS: The FY 2005 -2006 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan (On Separate Cover) FISCAL IMPACT Operating Budget. Amount Requested: Account Number, Project Phase: Appropriation Required* _ Yes x No BY. DATE• Bret M Plumlee, Director Administrative Services REVIEW DATE Z G Je , City Manager 053 BACKGROUND & DISCUSSION CONTINUED Incorporated in the FY 2005 -2006 Preliminary Operating and Capital Improvement Budget are new programs, new revenues or fees, and program changes /reductions recommended by the City Council at the Strategic Development Sessions held on May 20 and July 25, 2005 At the May 20, 2005 Strategic Planning Session with the City Council, staff presented an initial General Fund budget shortfall of approximately $723,600 Based on the City Council and City Manager direction, staff prepared departmental budgets with the objective of helping to close the shortfall and presented a balanced budget to the City Council at the July 25, 2005 Strategic Planning Session The budget includes over $500,000 in department reductions and strategies, a one -time postponement of $500,000 Transfer to the Infrastructure Replacement Fund, transfer of over $500,000 from Developer Deposits to help replenish the Equipment Replacement Fund, one- time reimbursement of a $795,000 loan from the General Fund to the Water Fund, and deposits of any excess balance in the Economic Uncertainty Fund into the General Fund The budget also includes a plan to begin replenishing the Equipment Replacement fund over three years at a total estimated annual deposit of $479,400, $200,000 annual replenishment of the Liability Insurance Fund, $844,450 in new proposed programs, $45,350 in new proposed technology projects, and over $32 million in Capital Improvement Projects, Additionally, no positions were eliminated, which enables the City to continue to provide the same outstanding service to the residential and business community Staff is pleased to once again present to City Council a balanced General Fund budget with total General Fund appropriations of approximately $48 5 million offset by total General Fund estimated revenues of approximately $48 5 million Revisions to this FY 2005 -2006 Preliminary Budget will be submitted to Council and included in the final budget adoption on September 20, 2005 054 EL SEGUNDO CITY COUNCIL MEETING DATE: August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agend ENDA DESCRIPTION: Consideration and possible action regarding approval of a $2,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program RECOMMENDED COUNCIL ACTION, 1) City Council accept FAA Grant Agreement for Project No AIP 3 -06- 0139 -32, 2) Authorize the Mayor to execute the FAA Grant Agreement, and 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Earlier this year, staff applied for additional FAA Grant Funding for the City's RSI Program On July 6, the FAA sent a grant agreement for $2,000,000 In additional funding contingent on the offer being accepted by the City on or before August 5, 2005 The offer is In keeping with previous terms and conditions of previous FAA grants accepted by the City To date, the City has accepted ten FAA grants totaling $11,808,880 Staff recommends that City Council accept the FAA Grant Agreement to continue the Residential Sound Insulation Program To date, the City has completed RSI Improvements on 251 Dwellings This new grant will help fund Groups 11, 12, and 13 ATTACHED SUPPORTING DOCUMENTS' 1 Project Group Summary 2 Project No AIP 3 -06- 0139 -32 Grant Offer FISCAL IMPACT: $2,000,000 to be received in RSI Grant Funds Operating Budget. Amount Requested- Account Number, Project Phase, Appropriation Required: _Yes X No 055 Residential Sound Insulation Program Project Group Summary Group 5 (31 Dwellings) Construction June 13, 2005 — September 15, 2005 Group 6 (38 Dwellings) Construction August 15, 2005 — November 8, 2005 Group 7 (21 Dwellings) Construction January 3, 2006 — February 22, 2006 Group 8 (24 Dwellings) Design reviews with Property Owners being conducted August 8 -12, 2005 Group 9 (25 Dwellings) Assessment Visits were conducted July 18 — 22, 2005 Group 10 (approximately 30 Dwellings) Assessment Visits will be conducted September 26 — 30, 2005 0 5 G 0 US Department of Transportation Federal Aviation Administration July 6, 2005 Federal Aviation Administration Western- Pacafic Region Mary Strenn City Manager City of E1 Segundo 350 Main Street El Segundo, CA 90245 -0989 Dear Ms Strenn Los Angeles International Airport Project No AIP 3 -06- 0139 -32 Grant Offer 15000 Aviation Boulevard Lawndale, CA 90261 The Los Angeles International Airport, Fiscal Year 2005 Airport Improvement Program No 3 -06- 0139 -32, Contract DTFA08 -05 -C- 21872, DUNS No 077 - 264679 has been approved. Enclosed are four original copies of the grant offer, under which the United States commits itself to participate in an allowable cost of the project not to exceed $2,000,000 Your acceptance of the grant offer will obligate the city of El Segundo (sponsor) to accomplish the described development An official of the sponsor shall accept the offer on or before the date specified in paragraph 6, page 2 of the grant offer by signing the enclosed instruments in the space provided The date of the execution of the grant offer should be the same as, or later than, the date of the resolution The certificate of sponsor's attorney shall be the same as, or later than, the date of execution When the documents are fully executed, certified, attested, and appropriate seals impressed, please return three original copies of the grant agreement to this office and keep one original copy for your files Sincerely, John Milligan Supervisor, Standards Section 1 1 g 1�7,z JUL i 1 2JC5 2 057 EL SEGUNDO CITY COUNCIL MEETING DATE: August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding a request for an operation permit located at 600 S Allied Way to allow Empire International Ltd , a chauffeured transportation business, to transport passengers on the City's public streets RECOMMENDED COUNCIL ACTION. 1 Approve an operation permit request for Empire International Ltd , a chauffeured transportation service business, to transport passengers on the City's public streets and /or, 2 Alternatively, discuss and take other actions related to this Item BACKGROUND & DISCUSSION, Empire International Ltd , a chauffeured transportation service, would like to relocate and consolidate its two existing facilities located in the City of Sherman Oaks and the City of Los Angeles to an existing 36,250 square -foot building at 600 S Allied Way in the City of El Segundo The project site is located in the Light Industrial (M -1) Zone Freight forwarding, transfer, trucking yards and terminals are uses that require approval of a Conditional Use Permit by the Planning Commission in the M -1 Zone Pursuant to El Segundo Municipal Code §15 -6A -5 (G), the Director of Planning and Building Safety Department determined that the (Continued on next page ) ATTACHED 1 Letter of Request from Bob Lockett, Executive Vice President- Corporate Development 3 Planning Commission Staff Report 4 Planning Commission Resolution No 2588 FISCAL IMPACT. None Operating Budget: N/A Amount Requested: N/A Account Number, N/A Project Phase N/A Appropriation Required- _ Yes X No ORIGINATED BY DATE ^ Seimone Jugis, D ct of Planning and Budding Safety 058 n all STAFF REPORT. August 2, 2005 ZAr. Proposed chauffeured tra Page 2 and would requrrs nsport atro On July 14 a conditional use Permit use it similar i conditional 2005' the Planning Permit sub' n nature t Industrial 9 Com lect t° °trucking yard and term permit (Mu1) Zone Permit t° operate ar chau approved EM Planning Intbernhe Plane ng Cominal uses Period can be appealed the PI Cit ing CO ffeure s fans service inal Ltd ' quest fora ex ire o the 'emission' Portation s re °n July 25, 2005. Y Council within 10 days C ion regarding the with the Light Empire Intern of the public Condit the Use Pursuant to thet enal Ltd is requestrn hearing. The appeal pprov ESMC EmPire International rnts for , the s for al of an operation Headquarters intends t th Ltd hire ass Permit from Y Council quarters ° use the sec specified in m the Cit marketing which will house 36250 Square d largest Ch In Chapter 4 of Title vehicle sto division, client services the reservation andtdrs rldng for their Wesf Se f the Portation of aPAroxi ge and limited vehicle nt relafi Patch de Coast Regional matelY35 mants ons, chauffertr Partrnent r 9i°nal 136 vehicles People employ'. nance. Em training re eglonal sales and limousines 17 sport fleet of vehicles 156 full and part-time MPire InternatronagLtdal executive offices are stored port utrhty vehi Includes 7 chauffeurs .has an office vehrcls The off site ov cles, 11 v Burs and maintans staff ernrght at the ans and 6 minib�ln Town Car Sedans, a tleetof park the mirnbu applicant will be storing esnpective uses. The are re ses outsid axim residences of the Lincoln T y as stretch ( qung fort building) he 10 V1 50v s In hautfeu drive 70 parking spaces b f7oft shicie rs that proposed ding_dock addi {Ion, the ve each are provided °n use complies spaces (31oa applicant will The conditional ite), with the City's deg -dock spaces stored indo oval use Parkin require with the x conditions of g requirements quired loading s exception of the pproval re and on -site g Spaces; the Minibuses that all in a vehicle mai ' maxi which ma of the vehrcls traffic aximum ° f 1 nance yvimum number of vehicles that be parked in front of for hire be counts within 6 monthsre are-feet Of build�tn d to oil changest maY be stored °n site the 10 trips do not exce of co g area, A rotation 5 Staff rec ed the amount of trips stting Operation�ort�nsulre the app fi and tire must I ancn9 a frer that the nu vehicle °Inmends approval freight forwa sur tuber of submit deter s for here at 600 g aI of Empire Intern 9 use at this site vehicle an turned by the Cit Allred Way as required b tonal Ltd 's re an Council squired quest f clerk and n Permit rs approvedas a Public conven e ESMC §§ 4-4 -3 San operation Per OPeratio Pay a license fee Empire Intern nce and nece 4 4 and 4.4_ Permit for ESMC § qe5 It shall rsmains Provided for in ESMC Ltd. must Obtain,, per ESMC § q 4n� as effect until revoked or§ 4 -4.4 an Permit from d 4-4_g respectively °rn the City P lPlann�n suspended by the City Co n - The A & swidm9 Safet'gpROJECTSIO Y Council per perahon PermitslCoun�l ReppMlEmplrelnt '1ChaufferetlTransCC dotl 059 Kimberly Christensen Planning Manager City of El Segundo 350 Main Street El Segundo, CA 90027 RE: 600 Allied Way Dear Ms. Christensen: First of all I want to thank all of the staff at the city offices, especially Alexis Schopp, Steve Jones and James Amezca, who were most helpful to me as I attempted to navigate my way through the various departments associated with obtaining all the necessary approvals Their patience and understanding were incredible. Empire International, Ltd. and CLS Worldwide Services, Inc. are both wholly owned subsidiaries of GTS Holdings, Inc. The two companies are the premier providers of chauffeured transportation services in the United States and collectively rank as the 2 n largest provider of luxury transportation in the world. We currently have 2 locations in southern California (one in Sherman Oaks, the other on 98th Street in Los Angeles) and are seeking approval to relocate both companies to 600 Allied Way in El Segundo. After an extensive search and considering over 200 locations, we selected this property for a number of reasons: warehouse size, office size; available parking; and proximity to Los Angeles International Airport The property would serve as our West Coast Regional Headquarters, housing our Reservation and Dispatch departments, regional Sales and Marketing, Fleet management and maintenance, Client Services, Client Relations, Chauffeur training and Regional Executive Offices. Currently this encompasses 47 people We are currently evaluating our staffing requirements and estimate the final office staff will level out at somewhere between 30 and 35 At the current time there are a total of 156 full and part time chauffeurs. The facility would also be utilized to park the inactive portion of our Fleet Currently our combined fleet is comprised of: 77 Lincoln Town Car Sedans 25 stretch limousines 17 SUV's it Vans 6 minibuses The actual number of inactive vehicles parked inside or outside the facility would depend upon the time of day and would fluctuate from day to day Not all our vehicles return to the Allied Way facility at night The majority of our Sedan fleet stays with the chauffeur 24 -hours a day, 365 days a year. The only vehicles that would be parked outside would be the mini- buses. l Generally speaking, all the stretch limousines, vans, mint-buses and some of the SUV's will return to the facility most evenings - a total of approximately 42 to 48 vehicles. This number will fluctuate from day -to -day, according to our demand. The average number of vehicles (mixed by vehicle type) stored at the Allied Way facility would be: 6.00 am to 10.00 pm - 20 10:00 pm to 2:00 am -30 200 am to 6.00 am -45 The frequency of other vehicles going to and from the facility on a daily basis would be approximately 6 -8 per day This number is based on the following parameters: 1 Sedan fleet size {77} 2. Each sedan returning to base three times each month (once for maintenance, once for inspection, one miscellaneous) 3 Total number of "returns" 77x3 = 231 4. Number of returns per day 231/30 = 7 7 We are also seeking approval to do light maintenance inside the warehouse. This light maintenance would be limited to oil changes, tire rotation and tire balancing There would be 3 hydraulic lifts inside the warehouse for the oil changes and 1 tire balancing station We have an approved oil recycler reclaiming all changed oil at our present facility in Los Angeles and would continue to utilize their services in conjunction with HAZMAT rules and regulations. The building will be equipped with more than adequate air movers and carbon monoxide detectors as required by code I have attached as Exhibit A the bid to complete this budding modification. I have attached a copy of the first floor of the building, clearly marking the area designated for maintenance and parking areas. I have been informed by the Business Licensing department that the next available date to appear before the City Council for approval to obtain a Business license is 3uly 19th I am available to answer any questions you may have or provide you with whatever information you need to enable us to be placed on the agenda for July 191H I can be reached at 800 - 451 -5466 Ext 2519 (office) but the best number to reach me is my cell, 817- 915 -6639. On behalf of Empire International, Ltd. and CLS, we look forward to our new home in the city of El Segundo Thank you and your staff for all your assistance. Best personal regards, Bob Lockett Executive Vice President- Corporate Development 6-61 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING. July 14, 2005 SUBJECT: Environmental Assessment No. 674 and Conditional Use Permit No. 05-4 APPLICANT: Empire International Ltd. PROPERTY OWNER: Stan Lucas REQUEST: To allow a chauffeured transportation service in the Light Industrial (M -1) Zone PROPERTY INVOLVED: 600 S. Allied Way Introduction The proposed protect is a request for a conditional use permit to allow a chauffeured transportation service to operate in an existing building in the Light Industrial (M -1) Zone The applicant is proposing to modify the interior of the budding to provide corporate offices and to store a maximum of 50 vehicles inside the building with limited minor maintenance of the vehicles The applicant is also proposing to park vehicles outside in front of seven of the ten loading spaces where three loading spaces are required No expansion of the existing budding is proposed II. Recommendation Planning staff recommends that the Planning Commission review the facts and findings as contained within this report, and adopt Resolution No 2588 approving Environmental Assessment No 674 and Conditional Use Permit No 05 -4, with conditions Ill. Background Empire International Ltd is seeking to locate in the existing building at 600 S Allied Way in the Light Industrial (M -1) Zone The lot is developed with a single -story 36,250 square -foot warehouse and office budding with a mezzanine that was constructed in 1990 There are 70 existing parking spaces on -site and 10 loading - dock spaces The previous tenant was a freight forwarding company 06 2 Site Description and Surrounding Land Uses The location of the proposed project is in the southeast corner of the City within an industrial area featuring predominantly warehouse, freight forwarding and public facility uses An approved commercial retail development, Plaza El Segundo, will be located to the south in the future (construction is anticipated to begin in Fall 2005) The surrounding land uses are as follows Land Use Zone North: Freight forwarding M -1 South: City easement and vacant land (with approved commercial C -4 development) East: Vacant land M -1 West: Freight forwarding M -1 IV. Analysis The applicant is requesting a conditional use permit to allow a chauffeured transportation service in the Light Industrial (M -1) Zone In the M -1 Zone freight forwarding, transfer, trucking yards and terminals are uses that require approval of a Conditional Use Permit by the Planning Commission Pursuant to El Segundo Municipal Code §15 -6A -5 (G), the Director of Planning and Budding Safety Department determined that the proposed chauffeured transportation use is similar in nature to trucking yard and terminal uses and would require a conditional use permit subject to approval by the Planning Commission Zoning Consistency Since the budding is existing and the proposed project includes only minor interior and exterior modifications the following table compares the proposed project to the relevant M -1 Zone development standards Requirement M -1 Zone Standards Proposed Project Uses subject to a conditional use permit include Freight forwarding, transfer, trucking yards or Use terminals Chauffeured transportation service Other similar uses approved by the Director of Planning and Building 063 Requirement M -1 Zone Standards Proposed Project Safety Department The existing budding requires a total of 64 parking spaces 39 45 spaces for 11,834 sq ft of office Parking use (1 space per 300 sq ft and 70 existing parking spaces 24 42 spaces for the 24,416 square feet of warehouse (1 space per 1,000 sq ft ) One loading space is required for the first 25,000 sq ft and 2 loading spaces are required for Loading Spaces additional floor area between 3 loading spaces provided 25,001 sq ft to 100,000 sq ft, for a total of 3 required loading spaces The applicant is intending to use the site for Empire International's West Coast Regional Headquarters which will house the reservation and dispatch department, regional sales and marketing division, client services, client relations, chauffeur training, regional executive offices, vehicle storage and limited vehicle maintenance Currently the office staff consists of 47 people but the applicant anticipates a reduction in their office staff to approximately 35 employees upon relocating to this facility In addition, the company employs 156 full -time and part-time chauffeurs and maintains a fleet of approximately 136 vehicles The fleet of vehicles includes 77 Lincoln Town Car Sedans, 25 stretch limousines, 17 sport utility vehicles, 11 vans and 6 minibuses The Lincoln Town Car Sedans are stored off -site overnight at the respective residences of the chauffeurs that drive the vehicles The applicant is requesting permission to store a maximum of 50 vehicles and to perform limited light maintenance of the vehicles within the 24,416 square -foot warehouse The remaining 11,834 square feet will be used for offices In addition the applicant is seeking to park the minibuses outside in 7 of the 10 loading -dock spaces where only 3 loading spaces are required The applicant has indicated that the majority of the vehicles will remain in the possession of the chauffeurs and are not returned to the facility except for occasional maintenance Due to the nature of the business operations described the applicant indicated that the average number of vehicles on -site would vary from 20 to a maximum of 48 vehicles at any one time The on -site maintenance of the vehicles would be limited to oil changes, tire rotation and tire balancing in a 1,240 square -foot area inside the building The applicant has indicated that the oil would be collected and disposed of 3 064 off -site through the use of an outside vendor The existing budding was previously used for a freight forwarding business which was analyzed for its traffic impacts As a result of this analysis the average daily number of vehicle trips to and from the site was limited to a total of 189 trips Kimley -Horn and Associates, Inc prepared a trip generation study analyzing the average daily number of vehicle trips that would be generated by the proposed use. Based on the operational characteristics of the chauffeured transportation service, Empire International Ltd , the trip generation study determined that the average daily number of vehicle trips that would be generated by the proposed use would be 170 This is 19 fewer average daily trips than the prior freight forwarding use and therefore, the chauffeured transportation service is not an intensification of use for the site An independent review and concurrence with the findings of the trip generation study was completed by City Staff and the City's traffic engineering consultant However, in consideration of the fact that the proposed land use has unique traffic generating characteristics staff recommends a condition requiring that the applicant have a qualified traffic engineer conduct a traffic count at the site access driveways and submit it to the Planning Division for review within the first 6 months of operation. In the event that the independent traffic study indicates that the chauffeured transportation service generates traffic volumes that are substantially higher than the level approved for the previous freight forwarding use, then the applicant must return to the Planning Commission for a modification to the Conditional Use Permit General Plan Consistency The El Segundo General Plan land use designation for the property is Light Industrial This designation is intended for light manufacturing, warehouse and office uses The proposed application request for a chauffeured transportation service is compatible with those land uses and it meets the Goals, Objectives and Policies of the General Plan as specified in the attached resolution CONDITIONAL USE PERMIT - PURPOSE, FINDINGS, AND ANALYSIS The applicant is requesting approval for a conditional use permit to allow a chauffeured transportation service In accordance with Section 15 -23 -5 of the ESMC, the Planning Commission may grant a conditional use permit if it determines that all the following findings can be met (the findings appear in bold, with City staffs analysis following) That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The zoning designation for the proposed site for Empire International Ltd is Light Industrial Manufacturing (M -1) In the M -1 zone, freight forwarding, transfer, trucking yards and terminals uses require approval of a conditional use permit Pursuant to El Segundo Municipal Code, §15 -6A -5 (G) other 06,E similar uses approved by the Director of Planning and Budding Safety may be approved subject to approval of a conditional use permit by the Planning Commission Accordingly, the project conforms to the ESMC and the M -1 Zone The M -1 Zone provides for the development of light industrial activities (including manufacturing and warehousing), research and development, related office and ancillary uses Although the chauffeured transportation service is a less intense use it is similar in nature to freight forwarding and truck yards or terminals which are permitted uses in the M -1 Zone subject to the approval of a conditional use permit 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed location of the conditional use is within an industrial area featuring warehouse and freight forwarding uses The location of the chauffeured transportation service would have a minimal impact on the adjacent uses Appropriate conditions for development and operations regarding storage and maintenance of vehicles have been established to ensure compatibility As such, the proposed location of the conditional use and the conditions underwhich it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -23 since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements Conditions of Approval Several conditions of approval will be required of the project to make it consistent with other light industrial uses The number of vehicles will be limited to 136 and the number of vehicles allowed to remain overnight will not exceed 56 Fleet vehicles will be stored inside the warehouse only except for the 6 minibuses that may be parked outside in 7 of the 10 loading spaces A minimum of three loading spaces must remain unobstructed at all times The applicant must paint "loading only" on the pavement in front of three loading spaces The parking stalls for the 50 vehicles that may be stored within the warehouse must be striped Vehicle maintenance will 066 be limited to oil changes, tire rotation and tire balancing only. Vehicle maintenance will occur Indoors only and will not exceed 1,240 square feet of budding area V. Inter - Departmental Comments The project application and plans were circulated to all departments and all comments are attached to the report Staff has incorporated those comments that are reasonable and have a legal nexus as conditions of approval VI. Environmental Review The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities), for the operation and minor alteration of an existing private facility involving the negligible expansion of the use. VII. Conclusion Planning staff recommends Planning Commission adopt Resolution No 2588, approving Environmental Assessment No 674 and Conditional Use Permit No 05-4 based on the findings stated in the staff report VIII. Exhibits A Draft Resolution No 2588 B Inter - departmental comments C Plans D Photos E Application F Trip Generation Study Prepared by Alexis Schopp, Planning Technician imberly Ch s ensen, AICP, Planning Manager Planning an uilding Safety Department I -�� - L / — Seimone Jurps,191retfor Planning and Building Safety Department P \Planning & Buddmg Safety\PROJECTS \651- 675 \Ea - 674 \EA -674 SR doc 067 RESOLUTION NO. 2588 A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. 674, CONDITIONAL USE PERMIT NO. 05-4, TO ALLOW A CHAUFFEURED TRANSPORTATION SERVICE IN THE LIGHT INDUISTRIAL (MA) ZONE. The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Commission finds and declares that A On June 30, 2005, Empire International Ltd filed an application for Environmental Assessment No 674 and Conditional Use Permit No 05-4 to allow a chauffeured transportation service at 600 S Allied Way, B The application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for July 14, 2005, E On July 14, 2005, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Empire International Ltd ; and, F The Commission considered the information provided by City staff, public testimony, and the representative for Empire International Ltd This Resolution, and its findings, are made, in part, based upon the evidence presented to the Commission at its July 14, 2005 public hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The Commission finds that the following facts exist A The subject site is located in the Light Industrial (M -1) Zone at 600 S Allied Way 9T. 1 B The subject site is located on the east side of Allied Way C The subject site is currently developed with a 36,250 square -foot budding including 11,834 square feet of office area and 24,416 square feet of warehouse D The site contains 70 off - street surface parking spaces and 10 loading spaces where 3 loading spaces are required E A Conditional Use Permit is required for the chauffeured transportation service as determined by the Director of Planning and Budding Safety pursuant to El Segundo Municipal Code §15 -6A -5 (G) F The chauffeured transportation service will operate within the existing budding G The chauffeured transportation service will include corporate offices, indoor vehicle storage up to 50 vehicles, outdoor vehicle storage of 6 minibuses, and indoor vehicle maintenance limited to oil changes, tire rotation and tire balancing SECTION 3 Environmental Assessment The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1) for the operation and minor alteration of an existing private facility involving negligible expansion SECTION 4 General Plan Findings The proposed project conforms to the City's General Plan as follows A The El Segundo General Plan land use designation for the property is Light Industrial This designation is intended for light manufacturing, warehouse and office uses The proposed application request for a chauffeured transportation service is compatible with those uses B The project is consistent with Land Use Goal LU5 and Objective LU5 -1 to attract clean and environmentally safe industrial uses that provides a stable tax base and minimize any negative impact on the city C The project is consistent with Land Use Element Objectives LU5-4 and LU5 -6 to preserve and maintain a balanced and diversified industrial base and to encourage a mix of office and light industrial uses in industrial areas D As conditioned the project is consistent with the Land Use Element Policy LU4 -1 2 in that the commercial facility shall be maintained in accordance with Health and Safety Code requirements and must meet all seismic safety regulations and environmental regulations 069 2 SECTION 5 Conditional Use Permit Findings After considering the above facts, the Commission finds as follows A The proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located The zoning designation for the proposed site for Empire International Ltd is zoned Light Industrial Manufacturing (M -1) In the M -1 zone, freight forwarding, transfer, trucking yards and terminals uses require approval of a conditional use permit Pursuant to El Segundo Municipal Code, §15 -6A -5 (G) other similar uses approved by the Director of Planning and Building Safety may be approved subject to approval of a conditional use permit by the Planning Commission Accordingly, the project conforms to the ESMC and the M -1 Zone The M -1 Zone is light industrial land use provides for the development of light industrial activities (including manufacturing and warehousing), research and development, and related office and ancillary uses Although the chauffeured transportation seance is a less intense use it is similar in nature to freight forwarding and truck yards or terminals which are permitted uses in the M -1 Zone subject to the approval of a conditional use permit B The proposed location of the conditional use and the conditions underwhich it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity The proposed location of the conditional use is within an industrial area featuring predominantly warehouse and freight forwarding uses The location chauffeured transportation service would have a minimal impact on the adjacent uses Appropriate conditions for development and operations regarding storage and maintenance of vehicles have been established to ensure compatibility As such, the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity C That the proposed conditional use will comply with each of the applicable provisions of this Chapter The proposed conditional use complies with the applicable provisions of ESMC Chapter 15 -23 since proper notice and hearing were provided, proper hearing decision and records will be complied with, and the required findings will be considered The proposed project meets all of the current ESMC requirements SECTION 6 Approval Subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the Planning Commission approves Environmental Assessment No 674 and Conditional Use Permit No 05 -4 070 SECTION 7 This Resolution will remain effective unless superseded by a subsequent resolution SECTION 8 The Commission Secretary is directed to mail a copy of this Resolution to Empire International Ltd and to any other person requesting a copy SECTION 9 This Resolution may be appealed within ten (10) calendar days after its adoption All appeals must be in writing and filed with the City Clerk within this time period Failure to file a timely written appeal will constitute a waiver of any right of appeal SECTION 10 Except as provided in Section 9, this Resolution is the Commission's final decision and will become effective immediately upon adoption PASSED, APPROVED AND ADOPTED this 14th day of July 2005. ATTEST Seimone Jurps, Secretary APPROVED AS TO FORM Mark D Hensley, City Attorney A Robin Funk, Chairperson City of El Segundo Planning Commission Funk -Aye Fellhauer -Aye Frick -Aye Kretzmer - Absent Wagner - Aye Karl H Berger, Assistant City Attorney P- \Planning & Budding Safety \PROJECTS 1661- 6751EA6741EA -674 reso pc doc 4 G "1 PLANNING COMMISSION RESOLUTION NO. 2588 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Empire International Ltd , agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Environmental Assessment No 674, Conditional Use Permit No 05 -4 ( "Project Conditions ") Zoning Conditions Any subsequent modification must be referred to the Director of the Planning and Budding Safety Department for a determination regarding the need for Planning Commission review and approval of the proposed modification 2 The chauffeured transportation service must comply with all requirements of Title 4 of the ESMC and obtain an operation permit 3 Fleet vehicles must be parked indoors at all times with the exception of a maximum of 6 minibuses in front of 7 of the 10 loading spaces 4 Three of the loading spaces must remain free from obstruction The applicant must paint "loading only" on the pavement in front of the spaces before the business license is issued 5 A maximum of 50 vehicles must be stored within the warehouse at any time 6 The parking stalls for the vehicles that will be stored inside the building must be striped prior to approval of the business license 7 A maximum of 56 vehicles are allowed to remain overnight The mechanical maintenance of vehicles must be performed indoors and will be limited to oil changes, tire rotation, and tire balancing 9 The area for the mechanical maintenance of vehicles must be limited to a maximum of 1,240 square feet of budding area 10 A maximum of 189 average daily vehicle trips may be generated from the site 11 The applicant must have a traffic count conducted by a qualified traffic engineer and the report submitted to the Planning Division for review within the first 6 months of operation In the event that the traffic counts determine that the traffic volumes are higher than the maximum 189 average daily vehicle trips then the applicant must 072 return to the Planning Commission for a modification to their Conditional Use Permit Public Safety Conditions 12 Vehicles must not be parked or staged within the public right -of -way 13 The applicant must comply with the applicable requirements in the California Building and Fire Codes Budding Safety 14 Before budding permits are issued, plans must show conformance with the 2001 California Building, Mechanical, Electrical, Fire, Plumbing, and Energy Codes with El Segundo amendments 15 The applicant must comply with the latest NPDES requirements and provide Best Management Practices (BMPs) for sediment control, construction material control, and erosion control Miscellaneous Conditions 16 Empire International Ltd agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (Including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 674, Conditional Use Permit No 05 -4 Should the City be named In any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 674, Conditional Use Permit No 05-4, Empire International Ltd agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out In settlement or otherwise For purposes of this section "the City' includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Empire International Ltd , certifies that they read, understood, and agree to the Project Conditions listed in this document Empire International Ltd {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company) P Tlammng & Budding Safety\Project k651- 675\EA- 674\EA -674 reso doe 073 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE- August 2, 2005 AGENDAHEADING- Consent Consideration and possible action to approve the License Agreement between the City of El Segundo and Viacom Outdoor to provide, install, maintain and repair bus shelters, with and without advertising, and bus benches at various bus stop locations in the City - (Projected income = $70,000 annually) COUNCIL ACTION. Recommendation — (1) Approve the Agreement with Viacom Outdoor, (2) Authorize the Mayor to execute the Agreement on behalf of the City, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION In July 16, 1984, the City of El Segundo signed an agreement with Shelter Media (presently known as Viacom Outdoor) to provide, install, maintain and repair bus shelters, with orwithout advertising, and bus benches at thirty -three (33) bus stops in the City The existing agreement was amended in June of 1994 for an additional 10 years with an option to extend the agreement for a period of five (5) years following the expiration date of the Amendment (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS License Agreement FISCAL IMPACT Operating Budget- Amount Requested Account Number. Project Phase. Appropriation Required N/A N/A N/A Agreement Approval No ORIGINATED BY. DATE July 27, 2005 St a Fenton, Public Works DATE 7/17 07 2D -D5 approve License Agreement between the 074 r, BACKGROUND & DISCUSSION; (continued) Viacom Outdoor submitted a proposal for a five (5) year extension to the bus shelter agreement The proposed License Agreement includes maintaining thirty -three (33) existing shelters citywide and the installation of four (4) new shelters within the Downtown Specific Plan Improvements area The locations of these shelters are provided in Exhibits A and B. Under the Agreement, the City will receive 22 5% of revenues generated from advertisement. This is a 7 3% increase from the previous agreement Viacom anticipates advertising revenue of $313,000 annually Based on 22 5% net revenue, the City will receive approximately $70,000 annually It is anticipated that the new shelters will be installed on or about the first week of November of 2005 Viacom Outdoor assures the City that all advertisements will be respectful in nature and consistent with advertisements on the existing shelters Any advertising deemed unsuitable by the City will be removed within 24 hours by Viacom Outdoor The proposed License Agreement between the City and Viacom Outdoor has been reviewed by the City Attorney Viacom Outdoor has indicated a commitment to continue the successful 20 year relationship it has established with the City of El Segundo Staff recommends approval of the proposed License Agreement 07 20 -05 approve License Agreement between the Gty and Vecm Outdoor 073 LICENSE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND VIACOM OUTDOOR THIS LICENSE is made and executed this day of , 20_, between CITY OF El SEGUNDO, a municipal corporation ( "ClTY "), and VIACOM OUTDOOR INC, a Delaware corporation ( "Licensee "). 1. RECITALS This License is made with reference to the following facts and objectives. A C1TY believes that it is in the public interest to provide citizens using public transportation with bus shelters in various places within CITY's boundaries. B. In light of other capital improvement projects that are competing for lrrmted public monies, CITY is not yet prepared to pay for the cost of constructing such bus shelters. C. LICENSEE is a corporation which, among other things, facilitates commercial advertising through various methods including placing advertising on bus shelters D LICENSEE already maintains bus shelters in and for the City pursuant to an agreement being replaced by this Agreement and has expressed its willingness to pay for installing, repairing, and maintaining bus shelters in public nghts -of -way identified by CITY in return for CITY allowing LICENSEE to place advertising on such bus shelters E LICENSEE understands and agrees that CITY may, at some indeterminate time, replace these bus shelters with substitute bus shelters or remove such shelters altogether pursuant to Sections 6 and 9 2 LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions hereinafter set forth, portions of real property identified in attached Exhibit "A" ( "Property ") upon which bus shelters owned and maintained by Licensee already exist. CITY'S action is not, and should not be construed to be, a conveyance of a property interest or a lease, it is a license to use property only Page 1 of 13 076 Accordingly, LICENSEE will not obtain a permanent or possessory interest in the Property based upon this License or any use of the Property by LICENSEE and LICENSEE will not make such a claim 3 USE OF PROPERTY. Subject to the provisions of this License, LICENSEE may use the Property and the bus shelters located thereon for commercial advertising As set forth below, such advertising will conform to the requirements set forth in this License and be placed on bus shelters constructed by LICENSEE for public use CITY does not authorize LICENSEE to use the Property for any other purpose 4 TERM. Although terms and conditions contained in this License will become effective upon execution, and except as provided in Section 9, the term of this License will be for five (5) years as specified in Section 5 Upon mutual agreement between the parties at least sixty (60) days before expiration of the initial term, this License may be renewed for an additional five (5) years. 5 PAYMENT. A. The five (5) year term will start when LICENSEE installs new shelters at half of the mutually agreed locations Notwithstanding the foregoing, the term will not begin later than 180 days after LICENSEE receives written approval from CITY's Project Manager of all mutually agreeable approved shelter designs and specific site plan layout locations. B LICENSEE will also pay CITY 22 5% percent of LICENSEE's gross advertising revenues from the bus shelters ( "the percentage of gross revenues" Gross revenue is defined to include receipts on advertising less agency commissions, sales commission and property and sales tax) as follows: i At the end of the every year of the initial term, or upon earlier termination, LICENSEE will pay CITY the percentage of gross revenues for that year Payments to CITY on a quarterly or annual basis will be based on the Calendar year C In making each payment to CITY, LICENSEE will include a statement explaining the basis on which the payment was calculated For the guaranteed Page 2 of 13 077 minimum fees, LICENSEE will state the number of bus shelters and their locations For the percentage of gross revenues, LICENSEE will state the gross revenues for the quarterly period from each bus shelter, identifying each bus shelter by location. 6 LICENSEE'S RESPONSIBILITIES. In return for CITY's permission to use the Property as specified in this License, LICENSEE will do the following• A Pursuant to the provisions of this License, and at its own cost, LICENSEE will install one bus shelter at each of the four ( "4 ") bus stops identified on Exhibit "B" LICENSEE may, with CITY's prior permission, substitute one location for another LICENSEE may also install additional bus shelters at locations approved by CITY i Before installing any bus shelter on the Property, LICENSEE will take photographs and/or videotape the proposed location of the bus shelter. u CITY will use its best efforts to assist LICENSEE to expedite design review and plan check review for each shelter approval B All bus shelters will be constructed according to designs approved by CITY pursuant to the terms of this Agreement No bus shelter may have more than two advertising panels with dimensions of four feet in width and six feet in height Additional minimum requirements for bus shelters are attached as Exhibit "C" to this License C LICENSEE will place one trash receptacle at each bus shelter, if one is not already there, LICENSEE agrees to place one additional trash receptacles at designated bus shelters upon CITY's direction LICENSEE agrees not to place any advertising on such trash receptacles Any trash receptacle that is irreparably damaged will be replaced by Licensee within 24 hours of CITY's notification D Except as restricted by this License, LICENSEE will ensure that each bus shelter is illuminated in accordance with CITY's policies, codes, and regulations LICENSEE will pay for all utility costs for providing illumination LICENSEE Page 3 of 13 '- • agrees to use solar powered lighting when practicable i Upon a showing of good cause by LICENSEE, CITY may, in its sole discretion, waive illumination requirements E. LICENSEE will repair, operate, and maintain all bus shelters as follows - i. Each bus shelter will be cleaned by LICENSEE as needed, but at least twice a week Cleaning will include, without limitation, sweeping, cleaning, refuse collection, graffiti removal, and removing all debris on public property within a 20 foot radius of each bus shelter u LICENSEE will make any needed repairs or minor maintenance when needed, but at least once a week ill LICENSEE will remove graffiti (or repairing other, similar, defacement) within 24 hours of being notified by CITY IV LICENSEE will steam clean each bus shelter as needed, but at least once a month. V If necessary, LICENSEE agrees to remove any irreparably damaged bus shelter within eight hours of CITY's notification and replace that bus shelter within five days of its removal. Vi. LICENSEE agrees to repair or replace a bus shelter reasonably deemed by CITY to be a hazard to public health or safety within eight hours, including weekends and holidays, of being notified by CITY vu LICENSEE will clean or repair any specific bus shelter on the Property within 24 hours of CITY's notification, including weekends and holidays based on the City's good faith reasonable determination of special need F When performing its obligations under this License, LICENSEE agrees not to interfere with the normal flow of vehicular or pedestrian traffic without using required traffic warning and control devices G Not later than ten (10) days after the first day of each month, LICENSEE will provide CITY a written report of its shelter bus shelter maintenance Page 4 of 13 079 H LICENSEE will reimburse CITY for any costs CITY incurs for completing the tasks described above if LICENSEE fails to perform its responsibilities within the time penods described above L Within thirty (30) days after CITY's notification, LICENSEE will remove any bus shelter identified by CITY to be a public nuisance; no longer used by SCAT for public transportation purposes; or in violation of this License J. LICENSEE will not have maintenance obligations other than as set forth herein 7. ADVERTISING REQUIREMENTS A. Nothing within this License is intended, nor should it be construed, to constitute an unconstitutional restriction on advertising LICENSEE places on bus shelters. Any restrictions contained herein are intended to be reasonable time, place, and manner limitations designed to protect the public health, safety, and welfare. B With regard to commercial advertising, LICENSEE agrees to the following - 1. Not to place advertising on bus shelters that would constitute a hazard to vehicular traffic Examples of such advertising would include advertising that incorporated commonly used traffic signaling devices or symbols (such as stop signs and traffic signals) If proposed advertising does incorporate such symbols or devices, LICENSEE agrees to consult CITY regarding whether such advertising may be placed in an alternate location or in such a manner that it does not constitute a hazard to public health or safety. u Not to post advertising that incorporates rotating, revolving, or flashing lights (whether electronic or otherwise) that would constitute a hazard to public health or safety. Ili Not to post advertising that incorporates moving parts that would constitute a hazard to public health or safety Page 5 of 13 1:1 ry Not to post advertising that incorporates language, references, symbols, or other matter that violates any applicable law V To remove, at its own cost, any commercial advertising posted on the bus shelters that violates any provision of this License Vi. 8. CITY'S LIMITED WARRANTY. CITY warrants that it is under no disability, restriction or prohibition, whether contractual or otherwise, with respect to its right to execute this agreement and perform its terms and conditions and has the legal right, power and authority to grant all of the rights granted herein 9 TERMINATION A CITY may terminate this License at any time with or without cause, upon written or oral notification. Unless otherwise provided, termination will be effective upon notification If CITY terminates this License without cause, then LICENSEE will be reimbursed pursuant to LICENSEE's Amortization of Capital Assets Schedule in attached Exhibit "D," including advanced fees, if any B LICENSEE may terminate this License at any time in writing at least thirty (30) days before the effective termination date C By executing this document, LICENSEE waives any and all claims for damages that right otherwise arise from CITY's termination under this Section D Upon termination, LICENSEE will remove all personal property and improvements from the Property within thirty (30) days The Property will be left in a clean and orderly fashion 10. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, LICENSEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to LICENSEE's improvements 11. RELOCATION BENEFITS. LICENSEE hereby acknowledges that it has been informed that CITY is a public entity and that the Property has previously been acquired by CITY for a public purpose LICENSEE further acknowledges that any rights acquired Page 6 of 13 081 under this License arose after the date of acquisition of the Property and that said rights are subject to termination when the Property is needed by CITY LICENSEE hereby acknowledges that at the time of said tenrunation of this License by CITY, it will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 12 NO PUBLIC PROJECT. All rights given to LICENSEE pursuant to this License are for LICENSEE's use of the public property identified herein. Any trespass, use, or other utilization of private property by LICENSEE is done at its own risk, LICENSEE is not an agent of CITY and this License is not intended, nor should it be construed, to constitute a public project. 13. ALTERATIONS. Except as provided by this License, LICENSEE will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent 14. ASSIGNMENT. LICENSEE will not be permitted to assign, sell, encumber or otherwise transfer any percentage of its rights and obligations under this License without CITY's prior written consent, which consent will not be unreasonably withheld 15 INDEMNIFICATION A. LICENSEE indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this License, or its performance, including, without lirmtation, copyright or patent infringement claims or causes of action, except for CITY'S concurrent or sole active negligence Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this License, or its performance, pursuant to this License, LICENSEE will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify it for anyjudgment 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. Page 7 of 13 08,41. C LICENSEE expressly agrees that this hold harmless and indemnification provision is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect D It is expressly understood and agreed that the foregoing provisions will survive termination of this License E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 15 below, 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 LICENSEE pursuant to this License, including but not limited to the provisions concerning indemnification 15. INSURANCE. LICENSEE will procure and maintain insurance of the type, for the period, with the coverages and limits, and in accordance with the terms, conditions, and requirements that follow A. LICENSEE will provide Commercial General Liability, Broad Form General Liability and Business Automobile Liability insurance that meet or exceed the requirement of ISO Forms GL0002, GL0404 and CA0001, Code 1, respectively, in the most current State of California approved forms, in connection with LICENSEE's performance in the amount of not less than $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage for each policy coverage B During performance of this License, LICENSEE will maintain Workers Compensation and Employers Liability insurance for all of its employees who are in any way connected with performance of these services The Workers Compensation insurance will comply with all applicable State laws Employers Liability coverage will be for a mimmum of $250,000 Page 8 of 13 083 C. Commercial General Liability, Broad Form General Liability and Business Automobile Liability policies required in this License will be endorsed to name CITY, its officials, volunteers, and employees as "additional insureds" under said insurance coverage, to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto, and to state that the policy(les) will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. D LICENSEE will furnish to CITY a certificate of insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M Best Company Rating equivalent to at least a 2000 A.M Best Company Rating of "A VII " 16. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws The judgment of any court of competent jurisdiction that LICENSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LICENSEE. 17. DISPUTES AND REMEDIES A Claims, disputes, and other matters in question between the Parties to this License, arising out of or relating to this License or the breach thereof, must be resolved by the following procedure i CITY and LICENSEE will exercise their best efforts to resolve disputes through the development of a consensus A meeting may be requested by CITY or LICENSEE at any time for the purpose of resolving Page 9 of 13 .1 a dispute A determination by CITY's Project Engineer will be made within two (2) weeks after a meeting to resolve the dispute, u If unresolved within thirty (30) days, then CITY's Director of Public Works, or designee, will make a final determination; ill If unresolved the matter may be pursued in a court of law in Ventura County. B. Pending a final resolution of any dispute, LICENSEE will continue to diligently perform its obligations under this License and in accordance with CITY's decision concerning the disputed matter C The Parties' rights and remedies under this License are in addition to any other rights and remedies provided by law 18. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License 19. ENTRY BY CITY AND PUBLIC. As stated in Section 2, this License does not convey any property interest to LICENSEE. CITY and the general public will have unrestricted access upon the Property for all lawful acts. 20. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE, and in such event this License will automatically cease and terminate 21. PROJECT COORDINATION AND SUPERVISION. A , or designee, will be assigned as LICENSEE's Project Manager and will be responsible for lob performance, negotiations, contractual matters, and coordination with CITY Project Manager B Mr Steven Fmton will be assigned as CITY's Representative and will be responsible for negotiations, contractual matters, and coordination with LICENSEE's Project Manager Page 10 of 13 085 22. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at Richard Shermer Jr Viacom Outdoor 1731 Workman Street Los Angeles, CA 90031 (323)- 276 -7206 (323) - 225 -0247 Fax CITY at. Mr Steven Finton City Engineer City of El Segundo Public Works Department 350 Main Street El Segundo, CA 90245 310 -524 -2356 310 - 640 -0489 Fax Either party may change its address for the purpose of this Section by giving written notice of the change to the other party 23 OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by LICENSEE under this License, excluding any proprietary information identified by LICENSEE, are CITY's property LICENSEE may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice Page 11 of 13 0 24 PAYMENT RECORDS. CITY may, from time to time, and upon reasonable advance written notice, inspect and audit any and all books and records to determine whether LICENSEE's gross revenues have been accurately computed and paid. In addition to paying all fees owed plus interest, in the event that CITY reviews LICENSEE's records, and finds that the Licensee has underreported and underpaid the fees owed under this License for any year in an amount exceeding five percent (5 %) of the fees actually paid or Ten Thousand Dollars ($10,000), whichever is less, LICENSEE will pay the reasonable cost of CITY's review All records will be kept by LICENSEE for at least three (3) years from the date that this License terminates 25. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this License and related documents to be entered into in connection with this License will be considered signed when the signature of a party is delivered by facsimmle transrmssion Such facsimile signature will be treated in all respects as having the same effect as an original signature 26. GOVERNING LAW. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Ventura County 27. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding 28. INTEGRATION. This instrument and its attachments constitute the sole agreement between CITY and LICENSEE respecting the Property, the use of the Property by LICENSEE, and the specified term, and correctly sets forth the obligations of CITY and LICENSEE Any License or representations respecting the Property or its licensing by CITY to LICENSEE not expressly set forth in this instrument are void There are two (2) attachments to this License 29. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and tlus License will never be construed either for or against either party Page 12 of 13 M: 30. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions described herein. This License may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY 31 COUNTERPARTS. This License 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 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO ( "CITY ") By *4ayor C� CITY CLERK Page 13 of 13 VIACOM OUTDOPR, Inc ( "Licensee" By President isplays Division Exhibit A WB Alaska Fs Aviation EB Alaska NS Aviation WB Alaska Ns Hawau (non -ad) SB Aviation FS Alaska SB Aviation FS Utah (non -ad) NB Continental FS El Segundo SB Continental NS El Segundo SB Douglas FS Coral Cir. (non -ad) SB Douglas FS El Segundo NB Douglas VFS El Segundo NB Douglas FS Manposa NB Douglas NS Lot 25 (fs Manposa) NB Douglas NS El Segundo EB El Segundo FS Aviation EB El Segundo FS Douglas EB El Segundo FS Nash EB El Segundo NS Douglas EB El Segundo NS Isis EB Grand NS Continental NB Main FS Manposa NB Main NS Imperial SB Main NS Manposa NB Main NS Oak EB Maple FS Sepulveda SB Nash FS Manposa- R -ES014 SB Nash FS Manposa- R -ES008 SB Nash NS Grand- R -ES022 WB Rosecrans FS Sepulveda NB Sepulveda FS El Segundo NB Sepulveda FS Grand SB Sepulveda FS Grand NB Vista Del Mar FS 45`h SB Vista Del Mar NS 45th =1 Exhibit B 1 NB Main NS Holly (350 Main Street) 2 +3. EB Grand Av FS Standard (200 Block E. of Grand) 4. Exact location will be determmned. Probably in the 100 Block on Main Street 090 EXHIBIT "C" Not relevant to this License Agreement 091 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 2, 2005 AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of the Society for the Prevention of Cruelty to Animals Los Angeles ( SPCALA) contract for animal sheltering services — (Fiscal Impact = $26,400 ) RECOMMENDED COUNCIL ACTION: (1) Approve the SPCALA contract for animal sheltering services and authorize the Mayor of El Segundo to execute (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. On March 16, 2004, the City Council approved contract #3312 authorizing the SPCALA 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) ATTACHED SUPPORTING DOCUMENTS: SPCALA Contract FISCAL IMPACT- Operating Budget- Amount Requested. Account Number: Project Phase: $34,200 $26,400 001 - 400 - 3108 -6206 Implementation No Continued next page OR9JqATED BY DATE, July 25, 2005 ickeWayt, Chi of Police REVIEW / DATE. City Manager 10 Agenda Item SPCALA Contract El Segundo City Council Meeting Date August 2, 2005 Page Two BACKGROUND & DISCUSSION: The SPCALA has provided outstanding services to the Animal Control Division of the El Segundo Police Department As part of these services, the SPCALA 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 SPCALA staff is on site seven (7) days a week between the hours of 800 am to 5 00 pm. Animal control personnel have keys to the SPCALA facility for after hour animal deliveries During the contract period, the SPCALA has accepted the following animals Live Dogs 92 Live Cats 52 Live other (Birds Raccoons, Possums, etc) 49 Dead Dogs 13 Dead Cats 49 Dead Other (Birds, Raccoons, Possums, etc) 149 The Police Department is requesting approval of this contract for continued animal sheltering services from the SPCALA 093 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 June 2005, 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 June 1, 2005 to September 30, 2006 Unless otherwise determined by written amendment between the parties, this Agreement will terminate as stated in Section 8 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 Denise Jakcsy 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 5 094 day -to -day basis on behalf of CITY and will maintain direct communication with CONTRACTOR'S Project Manager 8. 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 termination 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 quahfy 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 ��J 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 1001 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 msured'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 01 07 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 " 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 parry 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 09 L, 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 5 097 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written CITY OF EL SEGUNDO A general law city and municipal corporation Kelly McDowell Mayor ATTEST City Clerk SPCALA a California Corporation Madeline Bernstein, President David Havard Vice President Page 5of5 0 9$ EL SEGUNDO CITY COUNCIL MEETING DATE. August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding Invoice from Enforcement Technology, Inc, a collection service for delinquent police department parking citations (Fiscal Impact = $16,92360) RECOMMENDED COUNCIL ACTION: (1) Approve payment of the Invoice for services rendered by Enforcement Technology, Inc (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: In May 2003, the City contracted with Enforcement Technology Inc, Inc to provide collection service (AutoCOLLECT) for delinquent citations Since that time, Enforcement Technology Inc has collected approximately $150,000 in additional delinquent outstanding revenues for the City Enforcement Technology Inc recently conducted an audit and it was found that some of the citations processed between May 2003 and October 2004 had not been properly reported due to a computer software malfunction During this period, fees and penalties In the amount of $42,309 00 were collected and paid to the City by Enforcement Technology Inc but they had never Invoiced the City for their services City staff conducted an audit which substantiated Enforcement Technologies Inc. claim and Invoice ATTACHED SUPPORTING DOCUMENTS. Service Agreement with Enforcement Technology Invoice and back up documentation from Enforcement Technology FISCAL IMPACT: Operating Budget. $22,046 Amount Requested. $16,92360 Account Number, 001 - 400 - 3101 -6214 Project Phase: Implementation Appropriation Required Yes 1 1 ENFORCEMENT TECHNOLOGY, INC. 28 Hammond - Suite C Irvine, California 92618 (949) 707 -ETEC FAX (949) 707 -3826 May 4, 2001 Lt Mitchell Tavera Ell Segundo Police Department 348 Main Street El Segundo, CA 90245 -3885 Dear Lt. Tavera Pursuant to our conversations with your department we have reviewed our current Parking Citation Processing Agreement relative to collections of delinquent citations and citations issued to vehicles registered out -of -state Our current agreement already covers this service based on 40% of the collected revenue In other words ETEC does all of the collections follow -up processing with no up front costs to you The City only pays if the citation is paid All we need is your signed approval below on this letter directing us to implement this service level. Our comprehensive AutoCOLLECT service does involve working closely with our Collection Agency partners In addition to the production and mailing of collection notices by ETEC, our partners provide skip tracing to obtain current telephone numbers and then telephone customer services They receive calls and call debtors, to affect the collection of delinquent citations These services may also include, at your request, referral of information on delinquent citations to the major Credit Reporting Agencies and legal collection actions. Pursuing legal collection actions, such as Small Claims Court, will require additional fees that will be discussed and approved by you prior to implementing this level of service Once we receive the letter we will begin the procedures to implement this service level ' You can fax the letter and we will get started right away Please send us the original for our contract file Linda and her staff are looking forward to working with you on this service expansion If you have any questions please give Linda or me a call Sincerely, Gary E Ward, Ph D President and CEO (z iz, MITCH TAVERA, LIEUTENANT APPROVED Excellence through Engineering 100 AGREEMENT FOR PROCESSING PARKING CITATIONS This Service Agreement is made by and between Enforcement Technology, Inc., hereinafter referred to as "Contractor" and the City of El Segundo, hereinafter referred to as "Agency" and entered into this day of 2000 The parties intend by this Agreement to provide for the processing of fines, penalties and forfeiture thereof, in connection with the issuance of citations for parking violations pursuant to the laws of the State of California In the furtherance of this purpose, the parties do hereby agree to the following terms and conditions: ARTICLE I - PROCESSING 1 1 COMPUTER PROGRAMS AND HARDWARE Contractor will provide all the computer programs, written procedures and other supporting items used in carrying out the purpose of this Agreement. The AutoPROCESS System will be provided, hosted and supported by the Contractor on the ETEC Service Center AutoPROCESS Server System, provided by the Contractor. The daily operations of the AutoPROCESS System will be provided by Agency staff Additional AutoCITEs may be provided as needed by Contractor at a rate of $150.00 1month (Series D), $200.00 1month (Series FT), $250.00 1month (Series FTM) per handheld computer, if so desired by the Agency AutoCITEs may be added and removed from client usage only by a written directive from the Agency All such hardware and software are and will remain the property of the Contractor The Agency is responsible for any damage, loss, and /or theft of any /all computer hardware, software, and /or equipment supplied by the Contractor and used by the Agency at the Agency location. The Agency will provide insurance coverage for such equipment as described herein 1 2 BASE PROCESSING Citations issued by the Agency (AutoCITEs and manual) will be entered into the AutoPROCESS System by the Agency and cleared upon payment or other disposition Requests for Registered Owner information will be generated on AutoPROCESS by the Contractor and exported to the Departments of Motor Vehicles (DMV) Return information from the DMV to Contractor will be imported into the AutoPROCESS System by Contractor DMV registration holds will be generated on AutoPROCESS by Contractor and exported for the placement of DMV R/O holds on vehicles having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and other applicable state and local laws The Agency will be responsible for any and all Court, State, and DMV charges 1 101 for the hold placement DMV holds shall be removed through DMV by the Contractor when the registered owner satisfies the entire amount of parking citation fines, fees and penalties due against the vehicle 1 3 NOTICE GENERATION AND MAILING The Notice of Illegal Parking (NOI) will be generated on AutoPROCESS by the Contrator and the Contractor will mad these notices to the Registered Owner requesting the penalty and /or fine amount due Postage for the notices will be paid by the Contractor and billed to the Agency for reimbursement. Return payments will be made directly to the Agency. All collections and banking activity will be completed by the Agency 14 SUSPENSION OF PROCESSING Contractor shall suspend processing any citation referred to it for processing upon written notice to do so by the Agency Contractor shall maintain records indicating any suspension of a citation as a result of Agency's request. Contractor shall be paid the contractual rate hereinafter provided for processing these suspended citations 1 5 CONTESTED CITATIONS In the event a registered vehicle owner disputes the liability for the outstanding parking citation, the Agency shall advise the registered vehicle owner of his/her right to request a court appearance, or an administrative review or hearing by the Agency Reviews and Hearings will be conducted by the Agency. 16 CITATIONS DISPOSED OF BY REVIEW HEARING OR COURT The Agency, as a result of an administrative review or hearing, or court action, may be required to reduce, cancel or void, on an individual basis, parking citations which have been referred to it Contractor shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of such action 1 7 SERVICE OPTIONS Agency shall receive, and pay for services as outlined in Option #1 in Attachment "A" (Schedule of Fees) Written and signed direction to provide AutoCITE Computers must be issued by the Agency before such equipment is provided Agency reserves the right to use any or all of the services, or to eliminate one or more of these services in Option #1, while maintaining a minimum annual billing of $6,000.00 for services. Equipment rental will be an additional cost. Contractor billing shall show costs analyzed into separate services provided showing numbers of items processed in each category of service 2 102 1 8 OUT -OF -STATE CITATIONS Out -of -State citations will be entered onto the system the same as in -state citations If they become delinquent a collection follow -up process will be completed by the Contractor Requests for registered owner information will be sent to the appropriate state agency and delinquent notices will be mailed The fine and penalty amounts will be requested from the registered owner and instructions issued for payment to be to the Contractor The fee for this follow -up collection service is listed on Attachment "A" ARTICLE II - GENERAL 21 PUBLIC INQUIRIES Telephone calls, and correspondence will be processed by the Agency Explanations of the process for contesting violations, including the judicial appeal of the administrative review, hearing or court appearance, that may come to the attention of the Contractor, will be promptly forwarded to the Agency by the Contractor. Court and /or Agency Hearings and Administrative Reviews will be scheduled and completed by the Agency, under strict guidelines of the Agency or Court where applicable. 2 2 CONTRACTOR LIMITATIONS Contractor may not do any of the following without Agency's prior approval, in writing. (a) Take any legal action, (b) Threaten any legal action; or (c) Make any communication, oral or written, regarding potential legal action (d) Disclose any information regarding driving records or registration information which is in violation of the provisions of the laws of the State of California. 2 3 USE OF APPROVED FORMS All forms, delinquency notices and correspondence sent by the Contractor must conform to State and local law and Agency procedures, and be approved by the Agency 103 3 2 4 TAXES AND FEES The Contractor will meet any Agency requirements for a Business License, Local or State Sales or Use Taxes, but the cost of such state or local taxes, or any other recurring fees will be the responsibility of the department operating our systems. The Contractor will pay these taxes or fees when required and then bill the Agency accordingly. ARTICLE III - COMPENSATION The Agency shall compensate the Contractor for services according to the Schedule of Fees attached hereto as Attachment "A" and the terms of this Article III 31 PROCESSING SERVICES For performance of the processing services described in Article I, the Agency will pay the Contractor the rate set forth on the Schedule of Fees, Attachment "A ", for each parking citation entered and processed by the AutoPROCESS System, Agency and Contractor, regardless of the ultimate disposition or processability of such citation. Out -of -State follow -up Collection Services and Special Collection Processing Services are in addition to regular processing as described in the Schedule of Fees. 32 BILLING AND PAYMENT PROCEDURES Contractor shall provide the Agency with a Citation Processing Activity Report (CPAR) on a monthly basis which the Contractor will use to prepare a statement and fee analysis for the Agency which accurately reflects the AutoPROCESS System activity and the fees earned during the preceding period The Agency shall either approve or reject the statement and fee analysis If these documents are rejected by the Agency, Contractor will be notified, and both parties shall use their best efforts to resolve the disputed items 3 3 CONTRACT ADJUSTMENTS All postage for this agreement will be paid by the Contractor and then itemized on the monthly billing to Agency for reimbursement If the postal rates increase during the term of this Agreement, the compensation the Agency has agreed to pay the Contractor shall be raised immediately to offset the direct effect of the postal increase paid by the Contractor 3.4 CONSUMER PRICE INDEX ADJUSTMENTS The Contractor will be entitled to annual cost of living adjustments beginning on the first anniversary of this Agreement, based on the AREA Consumer Price Index (CPI). This 104 4 increase shall be automatic and effective upon the anniversary each year of the Agreement ARTICLE IV - TERM OF AGREEMENT 41 PERIOD OF PERFORMANCE The Period of Performance under this Agreement shall be for five (5) years and shall commence upon the approval as attested by the signing by the Agency and the Contractor 4 2 AUTOMATIC RENEWALS At the end of the fifth year the term of the Agreement may be renewed annually for additional one (1) year periods by the mutual agreement of both parties 4 3 PRICE INCREASES Price increases may be requested by the Contractor, thirty (30) days prior to the anniversary date of the Agreement or any annual renewal period Any increase in price for this Agreement, excepting postage in paragraph 3 3, shall require prior written approval by the Agency 4 4 TERMINATION This Agreement may be terminated in writing, without cause, by either party upon thirty (30) days written notice to the other party, after one (1) year from the date of execution of the Agreement 4 5 COMPENSATION Upon termination of this Agreement, Contractor shall be compensated for parking citations processed through the date of termination of the Agreement. ARTICLE V - CONFIDENTIALITY 51 MATERIALS CONFIDENTIAL All reports, information, data files and tapes furnished or prepared by the Contractor, its sub - contractors, successors or assigns (to the extent hereinafter allowed) for the purpose of transmittal to the Agency pursuant to this Agreement are confidential 105 N 52 CONSENT REQUIRED FOR DISCLOSURE No report, information, data files or tapes furnished or prepared by the Contractor or its sub - contractors, successors or assigns, shall be made available to any individual or organization without the prior written approval of the Agency, other than individuals or organizations who are reasonably necessary to effectuate the terms and conditions of this Agreement or as required by State law ARTICLE VI - CLAIMS AND ACTIONS 6.1 REASONABLE ASSISTANCE OF CONTRACTOR In the event any claim or action is brought against the Agency relating to Contractor's performance or services rendered under this Agreement, the Contractor shall render any reasonable assistance and cooperation which the Agency might require 6 2 AGENCY COOPERATION In the event any claim or action is brought against the Contractor relating to the Contractor's performance of services rendered under this Agreement, the Contractor shall notify the Agency, in writing, within five (5) days, of said claim or action Agency shall render any reasonable assistance and cooperation which the Contractor might require 6 3 INDEMNIFICATION BY CONTRACTOR Contractor agrees to indemnify and hold Agency harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of the Contractor during the term of this Agreement 6.4 INDEMNIFICATION BY AGENCY Agency agrees to indemnify and hold Contractor harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of the Agency during the term of this Agreement 100 G 65 INSURANCE Contractor shall, at its expense, provide general public liability insurance, in an amount not less than $1,000,000 00, with the Agency named as an additional insured, and with the insurance carrier and form of policy subject to approval by the Legal Counsel of Agency Contractor shall provide a certificate of insurance, showing the Agency, its officers and employees, as an additional insured, with a provision that the policy shall not be canceled or terminated except upon thirty (30) days prior written notice to Agency Upon request by Agency, Contractor shall furnish the original or a copy of such insurance coverage, which shall be maintained at all times during the term of this agreement In addition to the said liability insurance, Contractor shall provide and maintain workers' compensation insurance as required by law and shall furnish a certificate to the Agency showing such coverage in effect 66 BONDING and OTHER FEES Any fees for Performance or Fidelity Bonds, or Errors and Omissions insurance coverage, posted as part of this agreement will be passed on to the Agency, Performance Bond fees normally are about 3% of the actual bond amount required by the Agency based on an "annual contract" The bonding company must have the right not to renew the bond ARTICLE VII - SUB - CONTRACTING AND ASSIGNMENTS 71 SUB - CONTRACTING Contractor is authorized to engage sub - contractors at the Contractor's expense Contractor shall notify Agency of the name, address and other personal information reasonably requested by agency regarding any proposed sub - contractor, within 24 hours after Contractor retains said services If Agency disapproves of the use of such sub - contractor, Contractor shall immediately cease to use same on Agency's account This approval by the Agency may not be unreasonably withheld 7 2 ASSIGNMENTS This Agreement may not be assigned without the prior written consent of the Agency 107 7 ARTICLE VIII - INDEPENDENT CONTRACTOR 81 CONTRACTOR'S RELATIONSHIP The Contractor's relationship to the Agency in the performance of this Agreement is that of an independent Contractor Personnel performing services under this Agreement shall at all times be under the Contractor's exclusive direction and control and shall be employees of the Contractor and not employees of the Agency Contractor shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Neither Contractor nor any agent or employee of Contractor shall obtain any right to retirement benefits or other benefits which accrue to employees of the Agency, and Contractor hereby expressly waives any claim it might have to such rights 8 2 EQUAL OPPORTUNITY EMPLOYER Contractor is an Equal Opportunity Employer and does not discriminate in the hiring, firing, or other employment practices engaged in by it ARTICLE IX - ENTIRE AGREEMENT 91 INTEGRATED AGREEMENT This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding This Agreement may not be modified or terminated orally, and no modification or any claim of waiver of any of the provisions shall be effective unless in writing and signed by both parties 9.2 COMPLIANCE WITH APPLICABLE LAWS Contractor agrees to comply with all laws within the State of California governing the conduct of business, including but not related to laws pertaining to licenses, taxes, corporate regulations, and collection practices 9 3 GOVERNING LAW Agency and Contractor agree that the law governing this Agreement shall be that of the State of Califomia 108 8 9 4 NOTICES TO PARTIES Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage paid, first- class, a notice addressed to the following Contractor Enforcement Technology, Inc. 28 Hammond - Suite C Irvine, CA 92618 Agency City of El Segundo 348 Main Street El Segundo, CA 90245 -3885 WHEREFORE the parties hereto have entered into the Agreement on the day and year first heremabove written The agreement is to be prepared in duplicate and after acceptance by the Agency, a duplicate copy shall be forwarded to the Contractor ENFORCEMENT TECHNOLOGY, INC.: CITY NDO: By By Dav Title Title CAPTAIN 109 7 City of El Segundo ATTACHMENT A 12105/00 SCHEDULE OF FEES The processing fee per citation for the period of this Agreement will be based on one of the following options Option #1: AutoPROCESS System, DMV Interface and Notice Mailings RATE PER CITATION ISSUED: $.70 All costs for the base citation processing provided by the AutoPROCESS System and operated by the Agency pursuant to Article I of the Agreement Other services provided by ETEC beyond the base citation processing are listed below The 1st Delinquent Notice mailing (POSTAGE ADDITIONAL) is included in the price AutoCITE COMPUTERS: (Parking or Traffic) $150 /AutoCITE/Month Series D $200 /AutoCITE/Month Senes FT - $250 /AutoCITE/Month Series FTM Use of the AutoCITE System with the processing services, including the AutoCITE Host PC Software, Charger /Multiplexer, 56KB bps modem and full maintenance for the term of the service agreement INTERNET WORKSTATION ACCESS: $100.00 /month/workstation ADDITIONAL FEES: All Notices after 1st Notice (2nd Notice, Notices sent to lessees, renters, second registered owners and second addresses, or any other Notice or Letter deemed necessary) will be an additional fee of $ 25 per item (POSTAGE ADDITIONAL) An additional fee of $ 25 will be charged for any hand processing associated with any notice or correspondence $20 00 will be charged to process NSF checks HABITUAL OFFENDER LETTERS: Habitual Offender Letters will be prepared on Agency letterhead or on Parking Enforcement Center (ETEC) letterhead or both, accompanied by corresponding delinquent citation information from the habitual offender hotsheet report at a rate of $1 00 per letter mailed OUT -OF -STATE FOLLOW -UP COLLECTION PROCESSING: The fees for Out -of -State citation follow -up collection processing shall be forty percent (40 %) of the revenue received on Out -of -State citations that become delinquent, and thirty (30) days from the issue date BACKLOG CITATION PROCESSING: All original citations, accompanied by all dispositions for the same period, defined as the backlog, will be processed by Contractor at $1.50 per citation. A MINIMUM FEE OF $6,000 PER YEAR (which includes 0 AutoCITEs) WILL BE CHARGED Option #2 - In -House Operations of AutoPROCESS (Level 1) by the Agency and ETEC providing Delinquent Follow -Up Collections RATE PER CITATION ISSUED $.25 (software only no hardware) 110 IO] City of El Segundo ATTACHMENT B USA SERVICE CENTER SCHEDULE FOR PARKING CITATION PROCESSING SERVICES April 1, 2000 SERVICE BUREAU OPERATIONS . Level 1 Level 2, Level 3 Level 4 12/05/00 Cost per Citation Issued Cost/Level Totals Base Processing System with Electronic Data Entry, Payment Processing, Inquiry & MIS Reports $ 25 $ 25 DMV Interface for R/O Inquires and In -State DMV Hold Placements and Releases $ 25 $ 50 Notice Generation and Mailing Services (postage additional) $ 25 Lockbox Cash Management Services $ 25 Level 5, Telephone /Correspondence Customer Services $ 25 Level 6 Court Hearings, Appeals and Scheduling Support Services $ 25 ADDITIONAL SERVICE OPTIONS: AutoCITE Handheld Computer (equipment rental) MANUAL DATA ENTRY FEE 2ND, LESSEE, RENTER, 2ND OWNER and /or any other notices or letters HAND PROCESSING FEE (Ex citizen mailings of Court/Heanng results) OUT -OF- STATE, DELINQUENT and /or SPECIAL COLLECTION FOLLOW -UP $ 75 $100 $125 $1 50 (1-6) $150 /AutoCITE/month (Series D) $200 /AutoCITE/month (Series FT) $250 /AutoCITE/month (Series FTM) $ 25 for each citation data entered $ 25 per notice or letter (postage additional) $ 25 additional for each notice or letter that requires clerical hand processing 40% of follow -up revenue or $5 00 per follow -up NSF CHECK PROCESSING. $20 00 per check (charged to the violator If collected the agency receives the original penalty) INTERNET WORKSTATION ACCESS $100 00 1month DEDICATED WORKSTATION ACCESS $150 00 /month POS CASHIERING SYSTEM- $200 001month (Agency pays data line costs) LOCAL OFFICE with WALK -IN SERVICE Per Citation Issued 100,000 - 199,999 = $ 25 200,000 - 399,999 = $ 20 400,000 or more = $ 15 " A MINIMUM PROCESSING FEE OF $6,000/YEAR CHARGED ON ALL ACCOUNTS 111 11 ENFORCEMENT TECHNOLOGY, INC. 28 Hammond, Suite C Irvine, Ca 92618 (949) 707 -3832 INVOICE INVOICE # IRSCO50620 ACCOUNT # CA043 BILL TO: City of El Segundo 348 Main Street El Segundo, CA 90245 -3885 DATE June 7, 2005 MONTH May /2003 - October /2004 ATTN TO: Searle Nemeth ...6YIt1MilA'rl 06* „ F }14�4L 1i, `]i Y• ,M'�A3 X�q Letter Net 30 USPS AutoPROCESS Svstem: ITEM 66ANTiTY11- ', ";.11., ;;'Et CIF? k{ (!t;•', `'' ;,;' <.kt+iT,000C.I `'Ts` ::,E?ixlyolk«�?F{�aE 1 AutoCOLLECT Processing $ 42,309 00 Period 05/01103- 10/31/04 ETEC Fees 40% 1r6,p9y2y33 �n }y i i `''TL�`$?�' ?P °i:x'7!i{tAiii I +t X640 `. ,.T;i',`T (Reports Previously Sent with 4 -25-05 letter to Lt Turnbull Tatat t t suClt -T a „ , ; 16>923,60 A 1 5% fee per month will be added every 30 days to all invoices, which are not paid after 30 days 112 Excellence through Engmeenng ENFORCEMENT TECHNOLOGY, INC. 28 Hammond, Suite C Irvine, CA 92618 (949) 707 -3832 (949) 707 -3826 Fax Ifrench@autocite com April 25, 2005 Lieutenant Robert Turnbull City of El Segundo 348 Main Street El Segundo, CA 90245 -3885 Re- AutoCOLLECT Processing Dear Lt Robert Turnbull- Back in 2003, the City of El Segundo contracted with ETEC to provide the City with our collection service (AutoCOLLECT), which was implemented in May of 2003. Since this time ETEC has collected approximately $150,000 in additional delinquent outstanding revenues for the City through this process ETEC recently had an audit conducted of our AutoCOLLECT clients. During this audit it was found that some citations that had been processed through our AutoCOLLECT procedures for your account had not been reported correctly. Only part of the citations processed was reported on your monthly reports. The enclosed reports from May, 2003 to October 2004 include citations where payments have been made to the City in the amount of $42,309 00. However, ETEC has never invoiced the City our 40 %. This letter is a follow up to a telephone conversation I had a while ago with Seane Seane asked if I would put this in a letter and address it to your attention. As always, if you have any questions please do not hesitate to let me know. Sincerely, da . French President Operations Enclosures Excellence through Engineering 113 0 0 0 O A m O W 0 O W O A O N A O O O W O O O O O O O O O O A O O A A A 0 0 0 0 0 0 A O W O O O O O O O O O O 0 W 0 0 0 O O O W 0 0 O W N W O N W W W W N W A W W N W W W N J O cp m O W O M W A (O m m N O N A (O (P W O O W t0 N m W N m 0 W (T W J O O r r r r r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 0 0 0 n 0 0 n 0 0 0 0 0 0 0 0 0 O O O- 1� 0 --I -i 1 1 -i -i 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x 5 5 x 9 0 i x* g g * * * ** 0 x w ** w o w m D m z m v m* g w m Z Om m D m D m 0 0 0 0 0 0 0 0 0 0> m r mr = 0 0 0 5 0 O n m� m= Z m' m 0 N O CO 0 0 0 0 0 � 0 r 7x1 w co D m C O{ D= w m m Z T20, . r Z m U3 - m C= n co- y D Z Z Z Z Z Z Z :1) D<_ D m m m o D m Z D N m D _ {'mDDpNNmRI R1m Rim RIDy co 0y? smzm�Z =Z7m1Dmx r m m m 9 m m x Mi Z 0 O- m< co - 2 m 0 m D 7J { O m D Z Z Z Z Z Z 2 m O D O r D D D N a? m Z zz z Z Z Z Z Z z m D m Z O C 0 z m 0 t m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - \J J J V J m m m (n m m m (J N N N N N N N N N N N N N N N O O O O O O O O (��.1 W W W W W W W W\ W A A A A A W �iJ W W fi] W W `V Q A+ V \J W J W `U 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W W W W W W W W W w W W W W W W W W W W W W W W W W W W W W W W W W W m m m m m m m m m m m m m m m m m w m m w m m m m m m m m W w N m m m N w m w m m w m w w w w m Z w m m w w w w w w z m m m m v v v v m v� m v m m �z„ m v� m v v v m G) 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 w 0 m 0 0 0 0 0 0 a 0 C C C C Z Z Z Z 0 0 0 0 O O O O (min O O O O O Imn 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 Um+ 0 0 0 0 0 0 UOi O O O 0 0 0 0 0 00 0 0 0 00 0 0 00 00 00 0 0 00 0 00 0 0 00 0 00 00 0 0 0 00 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O o 0 0 0 0 0 0 0 0 0 O 0 g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 umi o 0 0 0 o cmi� o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o cmi� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 S O O O O O O O O O O O O O O O O o O O O 0 m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 000 00000000 D D➢ r.Ji nJi i.Ji D r.Ji nJi nJi nJi nJi nJi N nJi D D D D➢ D D D D D D D D D D➢ D D D D 0 0 0 W A A 0 A w w w W w W w 0 0 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0� 0 0 0 0 0 0 0 � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 0 3 3 m O 7 m o 3 m z w 4 3 w m o w O3 N (3p T D .n b N N C K � D 3 � °c 3 J N r .Oi O o a O N N s Q aO _ w N m > o m w � y w O � n b w w _ m x N O � w m n C07� m p n N O F W C j o � O W D � �+ O � A H t y Q v+ m G) Z O C) w_ O J 0 w m 3 m N O a a m w w 9 3 w� r rf N m n M. 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N m m a o m m m (D x m o n Q a J O w (C � N 0 Q A Q u r* O (D O `J y T m m c LqE n d Cl) o C 0 v rt _a 3 � N }� N O °A A � /r�f O V/ o 0 E, 130 EL SEGUNDO CITY COUNCIL MEETING DATE August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING, New Business AGENDA DESCRIPTION Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 - On -Sale Beer and Wine) at an existing restaurant, El Segundo Fish Company, located at 210 East Grand Avenue, EA No 671 and AUP No 05 -01 Applicant Allen Shadgoo RECOMMENDED COUNCIL ACTION 1 Determine that the City Council does not protest the issuance of the new Type 41 ABC license at 210 East Grand Avenue, and /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 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 on next 1 Undue Concentration Calculations 2 Crime and Arrest Statistics by Reporting Districts (RD) 3 Police Reporting Districts Map 4 Approval Letter to Applicant dated July 14, 2005 5 Planning Commission Staff Report dated July 28, 2005 FISCAL IMPACT None Operating Budget, N/A Amount Requested: N/A Account Number. NIA Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED BY. DATE. ��6 /ate jlm ^ Seimone Jur�i ,Director of Planning and Building Safety REVIEW DATE, I) I Je rt, City Manager 12 131 STAFF REPORT August 2, 2005 Page 2 BACKGROUND & DISCUSSION: (cont.) 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) 113. Based on 2005 reported data prepared by the Police Department, the district had a total of 13 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson) and 7 felony and misdemeanor arrests The City may file a protest regarding the issuance of a restaurant license (Type 41) 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 August 27, 2005 The Police Department and the Department of Planning and Building Safety have no concerns regarding the issuance of the ABC license The City of El Segundo has a total population of 16,033 and has 23 active Type 41 licenses 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 The previous owner had a Type 47 license (for beer, wine and alcohol) for the restaurant at this address location The applicant has proposed hours of operation for the restaurant that are limited to Monday through Thursday between 10 a,m and 10 p m , on Friday from 10 a m to 11 p m , on Saturday from 4 p m to 11 p m , and on Sunday from 3 p m to 10 p m Planning staff limited the approval of the Administrative Use Permit to the specified hours by the applicant On July 14, 2005, the Director of Planning Building and Safety Department approved El Segundo Fish Company's Administrative Use Permit application (EA No 671, AUP No 05 -01) for 210 East Grand Avenue At the July 28, 2005 meeting, the Planning Commission received and filed the AUP determination 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 Administrative Use Permit approval is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, prior to issuance of any type of license P \Planning & Building Safety \PROJECTS \651- 675 \671 \EA- 671ccreport doc 132 City of El Segundo Inter - Departmental Correspondence To: Maria Baldenegro, Assistant Planner From: Laurie Risk, Crime Prevention Subject: EA No. 671 and Administrative Use Permit No 05 -01 Calls for Service to 210 E. Grand January 2003 through July 2005 Drunk in Public - 1 Grand Theft - 1 Keep The Peace - 2 Vandalism - 1 Fire - 1 July 20, 2005 133 EL SEGUNDO POLICE DEPARTMENT JANUARY — JUNE 2005 CRIME AND ARREST STATISTICS BY REPORTING DISTRICT d. RD , , . "el r ; � ;7. w >s�' 5 ; TOTAL, 101 21 11 32 220% 102 4 0 4 -60% 103 3 0 3 -70% 104 13 6 19 90% 105 2 0 2 -80% 106 13 3 16 60% 107 7 4 11 10% 108 11 5 16 60% 109 4 1 5 -50% 110 10 2 12 20% 111 2 0 2 -80% 112 15 6 21 110% 113 13 7 20 100% 114 3 0 3 -70% 115 1 0 1 -90% 116 0 0 0 0% 201 8 3 11 10% 202 11 2 13 30% 203 1 0 1 -90% 204 2 1 3 -70% 205 7 3 10 0% 206 10 5 15 50% 207 16 7 23 130% 208 19 10 29 190% 209 12 5 17 70% 210 20 12 32 220% 211 11 6 17 70% 212 7 4 11 10% 301 6 1 7 -30% 302 1 0 1 -90% 303 7 2 9 -16% 304 0 0 0 0% 305 7 1 8 -20% 306 2 1 3 -70% 307 0 0 0 0% 308 18 8 26 160% 309 10 4 14 40% 310 1 0 1 -90% 311 4 1 5 -50% 312 9 4 13 30% 313 1 0 1 -90% 314 4 1 5 -50% 315 1 0 1 -90% 316 0 0 0 0% 317 2 0 2 -80 318 24 12 36 260% 319 26 13 39 290% 320 10 4 14 40% 321 1 0 1 -90% 322 4 1 5 -50% 323 1 0 I -90% 324 0 0 0 0% TOTALS 385 156 541 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 7 Average # of Felony/Misdemeanor Arrests per Reporting District = 3 Average # of Crimes and Arrests per Reporting District = 10 esults from 01/01/20053 through 06/30/2005 Information provided by the Pohce Records Bureau D Z D n Am z ny m D, D Z O r N C) b Zi > C, A b 9 m m'T' y = O O m = am m D m2 m < NG m D m a m ur O noc €E i�owo� z- y MOP O � � 2 m i ti a p o n a -1 x r� n 0 0 HU a o p I 0 (`f •A m V (L'j G N W W I�M�"p^I nl n n ry c x L <pp N nvninnnni oil 135 5' 1110 El 01111; € € o o G' S n x N PJ JS� Ll 011 B BELT. 4NC HE RD �Ch� EY RD z AV r H i g a K s `o 9 € y a o D `J vm iA O r N C) b Zi > C, A b 9 m m'T' y = O O m = am m D m2 m < NG m D m a m ur O noc €E i�owo� z- y MOP O � � 2 m i ti a p o n a -1 x r� n 0 0 HU a o p I 0 (`f •A m V (L'j G N W W I�M�"p^I nl n n ry c x L <pp N nvninnnni oil 135 July 14, 2005 Allen Shadgoo Beach City Food and Beverage, Inc 435 N Oakhurst Drive #703 Beverly Hills, CA 90210 Elected Officials Kelly McDowell, Mayor John Dainty, SUBJECT: Environmental Assessment No. 671 and Administrative MryerPn. Tem Jan Beulg.tldw, Use Permit AUP No. 05 -01 Council hlember EnvK au.ah, Sale of beer and wine for on -site consumption at El Council Member C.n J.tni +on, Segundo Fish Company (Type 41 ABC License) Councg Member Cmtl wen, Address: 210 East Grand Avenue, El Segundo city chy Clark C R+IpM1 Lenphen, City T °a +nnr Dear Mr Shadgoo: Appointed Officials I am pleased to inform you that, in accordance with Chapter 15 -22 of the J.fhoysfawad, City of El Segundo Zoning Code, the Planning Division has reviewed your Mark H.W.y, application for the above - referenced project and the Director of Planning Chy AHon.ey and Building Safety Department has APPROVED Administrative Use Permit No 05 -01 for the on -site sale of beer and wine at 210 East Grand Department Directors Avenue. The following are the findings and facts in support of each Bnt plunlee, finding for this decision Admen. "fn,. Sarwee+ Al.. Angelo, of Prre ChM Deb. Bngh FINDINGS AND FACTS IN SUPPORT OF FINDINGS: L.hnry d Cable serv.ns Se.mone Juq.+, Planning nd BWidmg safety Environmental Assessment EA No. 671 Jack W.yf, Pobee Chmf Steven Pmfon, Pabbo WOrk+ Finding 1 snrn M...... Recreation 5 Parke a The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing private structure www elsegundo Dly involving negligible or no expansion of use Facts In Support of Finding 1 1 The applicant proposes to provide for the sale of beer and wine for on -site consumption for a Bona Fide Public Eating Place at "El Planning and Building Safety Department y 3 6 350 Main Street, El Segundo, California 90245 -3813 1 Phone (310) 524 -2300 FAX (310) 322 -4167 Segundo Fish Company CEQA does not require an Environmental assessment if the use has little or no physical improvements to the structure The restaurant is located within a portion of an existing 4,000 square -foot commercial building originally built in 1966 containing two restaurants, a laundromat and a bar The "El Segundo Fish Company" restaurant, 'The Office Downtown" bar and the "Bamboo Grill" currently share the (Type 47) license for on -site sale and consumption of alcohol obtained from the State of California Alcoholic Beverage Control Department in 2003 2 'The Office Downtown" bar area is approximately 1,132 square feet and will operate in conjunction with the "Bamboo Grill" restaurant which is approximately 770 square feet in area Both businesses will continue operate under the existing approved (Type 47) license for on -site sale and consumption of alcohol and the existing approval of Administrative Use Permit No. 03 -01 3 The existing "El Segundo Fish Company" restaurant is 1,924 square feet with 200 square feet of outdoor dining area on the north and east side of the building located at 210 East 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 restaurant The approximately 1,924 square foot restaurant will accommodate 72 indoor seats and 12 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 The proposed use is a continuation of an existing use and is compatible with the purpose and intent of the surrounding uses. 4 The intended hours of alcohol sale are expected to be during the hours the restaurant is open The restaurant's hours of operation will be limited to 2 137 Monday through Thursday between 10 am and 10 p m., on Friday from 10 a m to 11 p m., on Saturday from 4 p m to 11 p m., and on Sunday from 3 pm tol0pm. 5. The General Plan land use designation for the site is Downtown Commercial 6 The zoning for the site is Downtown Commercial (C -RS) Restaurants are a permitted use in the zone in accordance with Section 15 -5A -2 of the El Segundo Municipal Code The proposed use requires an Administrative Use Permit (AUP) in accordance with Section 15 -5A-4 for the on -site sale and consumption of alcohol (beer and wine only) 7 On July 28, 2005, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request Finding 2 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 Commercial 2. The zoning for the site is Downtown Commercial (C -RS) Restaurants are a permitted use in the zone in accordance with Section 15 -5A -2 of the Zoning Code The proposed use requires an Administrative Use Permit (AUP) in accordance with Section 15 -5A-4 for the on -site sale and consumption of alcohol (beer and wine only) 3 The purpose of the Downtown Commercial (C -RS) Zone is to protect the commercial retail- service character of the downtown area, and to create a favorable environment for pedestrian circulation and access " The proposed use is consistent with the purpose of this zone in that the proposed restaurant protects the commercial retail character of the downtown and provides pedestrian access 4. The surrounding land uses are commercial, with restaurants, a bar /restaurant, a Laundromat, retail, and other neighborhood commercial services within the surrounding area The proposed restaurant with outdoor dining, which will serve alcohol, will be compatible with the surrounding uses 3 138 Finding 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Facts in Support of Finding 3 1 The proposed restaurant with outdoor dining, which will serve alcohol, is an existing restaurant located in an existing commercial building within the same area previously occupied by the same use 2 The surrounding land uses are commercial, with restaurants, a bar /restaurant, a laundromat, retail and other neighborhood commercial uses within the surrounding area. The proposed restaurant use with outdoor dining that will serve alcohol is compatible with the surrounding uses 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 The sale of alcohol will not create any new impacts that would not be normally associated with a restaurant 2 The proposed hours of operation and alcohol sales and the location of the restaurant within a commercial district will not impact surrounding uses The "El Segundo Fish Company" restaurant's hours of operation will be limited to Monday through Thursday between 10 am and 10 p m, on Friday from 10 a.m. to 11 p.m , on Saturday from 4 p m to 11 p m, and on Sunday from 3 p.m. to 10 p m 3 The surrounding land uses are commercial, with restaurants, a bar /restaurant, a Laundromat, retail and other neighborhood commercial uses within the surrounding area The proposed restaurant use with outdoor dining, which will serve alcohol, is compatible with the surrounding uses 4 139 3 The surrounding land uses are commercial, with restaurants, a bar /restaurant, a laundromat, retail and other neighborhood commercial uses within the surrounding area The proposed restaurant use with outdoor dining, which will serve alcohol, is compatible with the surrounding uses Finding 6 • 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 must obtain a license from the State of California Department of Alcohol Beverage Control PLANNING AND BUILDING SAFETY DIRECTOR ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety APPROVES the proposed project, subject to the following conditions, 1 The "El Segundo Fish Company" restaurant's hours of operation will be limited to Monday through Thursday between 10 am and 10 p m., on Friday from 10 a m to 11 p.m , on Saturday from 4 p m to 11 p.m, and on Sunday from 3 p.m to 10 p.m 2 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 -671 and AUP 05 -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 July 28, 2005 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 August 2, 2005 ME 5 If you have any questions regarding this project, please do not hesitate to contact Assistant Planner Marla Baldenegro at (31 D) 524 -2341 Sincerely, -- IV, �- / "/-,v Seimone Jurjis, e r Planning and B d in afety Department P \Planning & Budding Safety \PROJECTS \651- 675\671 \EA -671 AUPLTR doc 141 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: July 28, 2005 SUBJECT: Environmental Assessment EA No. 671 Administrative Use Permit AUP No. 05 -01 APPLICANT: El Segundo Fish Company c/o Allen Shadgoo PROPERTY OWNER: Bolo Corporation REQUEST: Sale of beer, wine and alcohol at an existing restaurant with an outdoor dining patio (Type 41 License). PROPERTY INVOLVED: 210 East Grand Avenue 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) on March 24, 2005 The request is for an existing 1,924 square -foot restaurant (El Segundo Fish Company) located at 210 East Grand Avenue The zoning designation of the property is Downtown Commercial (CR -S) The restaurant is located within a portion of an existing 4,000 square -foot budding containing two restaurants, a laundromat and a bar A (Type 47 ABC) License for the sale of beer, wine and alcohol for on -site consumption was originally approved on February 13, 2003, by the Planning Commission for "El Segundo Fish Company," "The Office Downtown" and the 'Bamboo Grill " The "El Segundo Fish Company" restaurant will now operate separately from 'The Office Downtown" and the 'Bamboo Grill " The El Segundo Fish Company has a 200 square -foot outdoor dining patio bounded by a T -6" high wrought iron fence The restaurant is comprised of an open interior seating area with 72 seats and an outdoor dining area with 12 seats Alcohol beverages will be served in both the indoor and outdoor dining areas The new owner of the "El Segundo Fish Company" restaurant will be requesting a new (Type 41) License from the State of California Department of Alcoholic 142 Beverage Control for this establishment An AUP is needed since the applicant is the new owner of the El Segundo Fish Company and the previous Type 47 License will remain active for the continued operation of "the Office Downtown" and the "Bamboo Grill " El Segundo Municipal Code ( "ESMC") § 15 -5A -4 requires an AUP for on -site alcohol sale and consumption at restaurants and retail establishments The applicant intends to provide 200 square feet of outdoor dining as part of the restaurant configuration Outdoor dining is a permitted accessory use and does not require a discretionary permit, provided the area does not exceed 200 square feet of floor area per ESMC § 15 -5A -5 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 and File III. EXHIBITS A. Letter to applicant, dated July 14, 2005 B Administrative Use Permit application C Plans Prepared by Maria Baldenegro, Assistant Planner Kii4berly C stensen, AICP, Planning Manager Planning an Building Safety Department .¢r�P Seimone JwOj57rector Planning Building and Safety Department P \Planning & Building Safety \PROJECTS \651- 675 \671 \Ea- 671PCsr doc 143 EL SEGUNDO CITY COUNCIL MEETING DATE- August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. New Business AGENDA DESCRIPTION. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 - On -Sale Beer and Wine) at a new restaurant located at 422 Main Street, EA No 672 and AUP No 05 -02 Applicant Sylvie Gabriele and Ali Mosavi Nejad RECOMMENDED COUNCIL ACTION 1 Determine that the City Council does not protest the Issuance of the new Type 41 ABC license at 422 Main Street, and /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 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 Crime and Arrest Statistics by Reporting Districts (RD) 2 Police Reporting Districts Map 3 Approval Letter to Applicant dated July 14, 2005 4 Planning Commission Staff Report dated July 28, 2005 FISCAL IMPACT: None Operating Budget N/A Amount Requested N/A Account Number N/A Project Phase. N/A Appropriate Required- —Yes x No ORIGINATED BY / DATE Sen one Junis, Director of Plannina and Bulldina Safetv DATE. 7/11 144 13 STAFF REPORT' August 2, 2005 PAGE 2 BACKGROUND & DISCUSSION (cont.) According to the most recent Crime and Arrest statistics report (January 2005 — June 2005) prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 108 Based on 2005 reported data prepared by the Police Department, the district had a total of 11 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson) and 5 felony and misdemeanor arrests The City may file a protest regarding the issuance of a restaurant license (Type 41) with the Department of Alcohol Beverage Control (ABC) during the 30- day review period, or a 20 -day extension may be requested As the 30 -day review period ends on July 22, 2005, before the Council has the opportunity to consider the requested license application, staff sent a letter to ABC requesting a 20 -day extension The Police Department and the Department of Planning and Building Safety have no concerns regarding the issuance of the ABC license 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 proposed hours of operation for the restaurant that are limited to Sundays through Thursdays 7 00 am to 10 00 p m and Fridays and Saturdays 7 00 a m to 11 00 p m Planning staff limited the approval of the Administrative Use Permit to the hours specified by the applicant On July 14, 2005, the Director of Planning and Building Safety Department approved an Administrative Use Permit application (EA No 672, AUP No 05 -02) for 422 Main Street. At the July 28, 2005 meeting, the Planning Commission received and filed the AUP determination 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, prior to issuance of any type of license P \Planning 8 Building Safety\PROJECTS \651- 675 \672 \EA- 672ccreport doc 145 714 4 I/tiIv, EL SEGUNDO POLICE DEPARTMENT JANUARY — JUNE 2005 CRIME AND ARREST STATISTICS BY DISMC�T � ♦Rt�EPORTING TOTAL 101 21 11 32 220% 102 4 0 4 -60% 103 3 0 3 -70% 104 13 6 19 90% 105 2 0 2 -80% 106 13 3 16 60% 107 7 4 it 10% 108 11 5 16 60% 109 4 1 5 -50% 110 10 2 12 20% 111 2 0 2 -80% 112 15 6 21 110% 113 13 7 20 100% 114 3 0 3 -70% 115 1 0 1 -90% 116 0 0 0 0% 201 8 3 11 10% 202 11 2 13 30% 203 1 0 1 -90% 204 2 1 3 -70% 205 7 3 10 0% 206 10 5 15 50% 207 16 7 23 130% 208 19 10 29 190% 209 12 5 17 70% 210 20 12 32 220% 211 11 6 17 70% 212 7 4 11 10% 301 6 1 7 -30% 302 1 0 1 -90% 303 7 2 9 -10% 304 0 0 0 0% 305 7 1 8 -20% 306 2 1 3 -70% 307 0 0 0 0% 308 18 8 26 160% 309 10 4 111 40% 310 1 0 1 -90% 311 4 1 5 -50% 312 9 4 13 30% 313 1 0 1 -90% 314 4 1 5 -50% 315 1 0 1 -90% 316 0 0 0 0% 317 2 0 2 -80% 318 24 12 36 260% 319 26 13 39 290% 320 10 4 14 40% 321 1 0 1 -90% 322 4 1 5 -50% 323 1 0 1 -90 324 0 0 0 0% TOTALS 385 156 541 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting Distnct = 7 Average # of Felony/Misdemeanor Arrests per Reporting Distnct = 3 Average # of Crimes and Arrests per Reporting District = 10 t (Results from 01/01/20053 through 06/30/2005) Y Information provided by the Police Records Bureau Ala ti lUVIVAV N e F — nv VI 11 I N co a Z Z QY ZQ a ¢� no z z a " a �a 03 NVl11 lip a �� W n C s ai 0 _ yG� 6 11 ❑ L M � P DoE N S, NIlIHM 3w oo3 tllSlAp 1S W w E:), 3lltlA ¢ _ ta siaWU N co a Z Z QY ZQ a ¢� no Elected officials K.IIy Mo0o"11, Mayor JYhn G GNnaa, Mayer Pm T.m Jim aoulpandea, CaunottM.MW Eno K auaeh, Coundl Member GA J e haan, GYa Member Cindy Monacan. CITY Ralph Lanph ►hem, rJry Tneeunr Appointed Officials J."Smwark City Manaa.r Af&&D llenetay, CYy Atmmay Department Directors Bret Plumley, Adm.."* . S..- Name Anee /o, Rm chie Debn anahton, Llhnry d Gbla Servtcss Smmone Jury., PYnnrny and aulldmy S.mty Jaek Wsyt, Pelme Chtaf Steen Fmtoa, PuhNc Worha Stem. Manmm, R..oh.n d P.&. www efsegundo.org �Z' July 14, 2005 Sylvie Gabnele and Ali Mosavi Nejad 1805 N Meadows Avenue Manhattan Beach, CA 90266 RE Environmental Assessment No. EA -672 and Administrative Use Permit (AUP) No. 05 -02 Sale of beer and wine for on -site consumption at a proposed restaurant (Type 41 ABC License) Address: 422 Main Street, El Segundo Dear Ms Gabriele and Mr. Mosavi Nejad. I am pleased -to inform you that, in accordance with Chapter 15 -22 of the City of El Segundo Zoning Code, the Planning Division has reviewed your application for the above - referenced project and the Director of Planning and Building Safety Department has APPROVED Administrative Use Permit No. 05 -02 for the on -site sale of beer and wine at 422 Main Street The following are the findings and facts in support of each finding for this decision. FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment EA No. 672 Finding 1 The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3, as the project involves the conversion of an existing vacant retail space Into a 1,516 square -foot restaurant that will serve beer and wine The project also involves a 682 square - foot addition on the ground floor of the existing 1,657 square -foot two story budding Planning and Building Safety Department 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2300 FAX (310) 322 -4167 t M Facts in Support of Finding 1 1 The applicant proposes to provide for the sale of beer and wine for on -site consumption at a proposed restaurant (a bona fide public eating place) CEQA does not require an environmental assessment if the project consists of limited construction and the conversion of existing small structures from one use to another where only minor modifications are made 2 The 1,516 square -foot restaurant will be located in an existing commercial retail budding at 422 Main Street Administrative Use Permit 05 -02 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 proposed restaurant The approximately 1,516 square -foot restaurant will occupy the ground floor of an existing 1,657 square -foot building that currently contains a vacant ground floor retail space and two residential units on the second floor The restaurant will consist of a 663 square foot indoor dining area containing a total of 46 indoor seats and 12 outdoor seats within the 148 square - foot outdoor dining area located to the side of the building interior to the lot and six outdoor seats in a 52 square -foot outdoor dining area within the front portion of the lot The small outdoor dining area in the front of the building will not be permitted to have on -site sale and consumption of beer and wine 2. The restaurant must 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 include. general commercial, a public parking lot, offices, restaurants and residential The proposed restaurant use which will serve alcohol will be compatible with the surrounding uses 4 The intended hours of alcohol sale are expected to be during the hours the restaurant is open The restaurant's hours of operation will be limited to 7.00 a m to 10.00 p m Sunday through Thursday, and 7 00 a m to 11 00 p m Fridays and, Saturdays 5 The General Plan land use designation for the site is Downtown Specific Plan 149 2 6 The zoning for the site is Downtown Specific Plan (DSP) and more particularly the Main Street District of the DSP Restaurants are a permitted use in this district of the zone in accordance with Section VI.A.2 a ii of the El Segundo Downtown Specific Plan The proposed use requires an Administrative Use Permit (AUP) in accordance with Section VI A 4.a of the El Segundo Downtown Specific Plan for the on -site sale and consumption of alcohol (beer and wine only) 7 On July 28, 2005, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request Finding 2 • 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) and more particularly the Main Street District of the DSP Restaurants are a permitted use in this district of the zone in accordance with Section VI.A 2.a.ii of the El Segundo Downtown Specific Plan. The proposed use (on -site sale and consumption of beer and wine) requires an Administrative Use Permit (AUP) in accordance with Section VI.A 4.a of the El Segundo Downtown Specific Plan. 3 The purpose of the Downtown Specific Plan (DSP) and more particularly the Main Street District of the DSP is intended to be resident serving, providing a pedestrian - onented and pedestrian- friendly environment Standards for the district are intended to maintain, enhance, and protect this character Retail and service uses should serve the residents, local employees and visitors to the City A mixed -use environment is encouraged Non - pedestrian oriented uses are limited to areas above and behind the street level, and off of alleys, with the exception that offices are allowed on the street -front (Section VI A.1 of Downtown Specific Plan (DSP)). The proposed use is consistent with this purpose of the zone in that the building contains a mix of uses and the ground floor of the building will be occupied by a restaurant which is a resident serving pedestrian oriented uses 4 The surrounding land uses include general commercial, a public parking lot, offices, restaurants and residential The proposed restaurant use which will serve alcohol will be compatible with the surrounding uses Other restaurants in the same district have alcohol licenses for the sale of beer and wine 150 3 Findinq 3 The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Facts in Support of Finding 3 1 The restaurant will be located in an existing building The parcel will have four parking spaces and fees will be paid in -lieu of providing two additional on -site parking spaces in accordance with the parking in -lieu fee program 2 The surrounding land uses include general commercial, a public parking lot, offices, restaurants and residential. The proposed restaurant use which will serve alcohol will be compatible with the surrounding uses 3. The existing restaurants in the surrounding area with alcohol licenses have not been a source of crime or security problems Findinq 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 The sale of alcohol will not create any new impacts that would not be normally associated with a restaurant The proposed hours of operation and alcohol sales and the location of the proposed restaurant within a commercial district and separated from adjacent residential uses by a 20 -foot wide alley will help to minimize impacts on surrounding uses The hours of operation will be limited to 7 00 a.m. to 10:00 p m Sunday through Thursday and 7.00 a m. to 11:00 p.m Fridays and Saturdays The hours of operation will limit noise impacts by patrons arriving and leaving the subject site as the restaurant will close at 10 00 p m during the weekdays and 11 00 p m Friday and Saturday nights In addition, the applicant will pay in -lieu parking fees for two required parking stalls in compliance with the parking in -lieu fee program Therefore, there will be no impacts on residential uses in the City In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcohol Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts of fumes and odors 151 2 Finding 5 • The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant Facts in Support of Finding 5 1 The applicant must obtain a license from the State of California Department of Alcohol Beverage Control DIRECTOR PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions 1 The hours of operation shall be limited to 7 00 a.m. to 1000 p m Sunday through Thursday and 7 00 a.m to 11:00 p.m. Fridays and Saturdays 2 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 -672 and Administrative Use Permit AU 05 -02 PLANNING COMMISSION Please be advised that this does not conclude the review process This determination will be transmitted to the Planning Commission at its July 28, 2005 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 August 2, 2005 152 5 If you have any questions regarding this project, please contact Art Bashmakian, Interim Senior Planner, at (310) 524 -2342 Sincerely, M 5eimone Jurps, c Department of PI mg Od Building Safety P \Planning & Building Safety\PROJECTS 1651- 675\Ea- 672AUPLTR doc 153 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: July 28, 2005 SUBJECT: Environmental Assessment No. EA -672 Administrative Use Permit No. AUP 05 -02 APPLICANT: Sylvia Gabriele and Ali Mosavi Nejad PROPERTY OWNER: Sylvia Gabriele and Ali Mosavi Naiad REQUEST: Sale of beer and wine for on -site consumption at a proposed restaurant (Type 41 ABC License). PROPERTY INVOLVED: 422 Main Street 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 proposed bona fide public eating -place (Type 41 ABC License) The proposed 1,516 square foot restaurant will be located in an existing budding that will involve a 682 square -foot addition to the ground floor The site is within the Downtown Specific Plan (DSP) Zone and more particularly the Main Street District of the DSP. The property is currently developed with a two story building consisting of two residential units on the second floor and a vacant retail store on the ground floor Beer and wine will be served within the interior 663 square -foot dining area and the 148 square -foot exterior (outdoor) dining area located on the side of the budding, interior to the lot The interior dining area will have 46 seats and the 148 square -foot outdoor dining area will have 12 seats A 52 square -foot dining area with six seats is proposed along the front of the building at which beer and wine will not be served 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 location, before current zoning regulations were adopted Section VI A 4.a of the EI Segundo Downtown Specific Plan, requires an AUP for on -site alcohol consumption at restaurants and similar establishments The applicant intends to provide 200 square feet of outdoor dining as part of the restaurant configuration Outdoor dining 154 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 11. RECOMMENDATION Receive and File 111. EXHIBITS A Letter to applicant, dated July 14, 2005 B Administrative Use Permit application C Plans Prepared by- Art Bashmakian, Interim Senior Planner Ki berly ChrOilding ensen, AICP, Planning Manager Planning and Safety Department Seimone Judis, pj ecdqr Planning and Building Safety Department P %DEPnPLANNINGB BUILDING AND SAFEMPROJECTS151- 675 %EA 72 \EA- 672ppr 155 EL SEGUNDO CITY COUNCIL MEETING DATE: August 2, 2005 AGENDA ITEM STATEMENT AGENDA HEADING* New Business AGENDA DESCRIPTION* Consideration and possible action to support a regional application by the El Segundo Unified School District and nine other South Bay school districts for a 2005 Emergency Response and Crisis Management (ERCM) Grant to enhance their local disaster preparedness (Fiscal 1) Authorize the Mayor to sign the partnership agreement, 2) Authorize the Fire Chief and Police Chief to sign their respective sections of the partnership agreement, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSS. Bruce Auld, Superintendent of the El Segundo Unified School District, has requested the support of the City with respect to a point effort by the South Bay School Districts (10 districts) to apply for a grant to enhance their Emergency Response and Crisis Management (ERMC) plans By signing a partnership agreement, the City would agree to endeavor to educate the District about the services the City offers in the event of an emergency or disaster and to support the District's efforts under the 2005 ERCM grant This would have minimal impact on City staffs time and enable the El Segundo Unified School District to share in a proportionate amount of the $353,000 joint grant, while enhancing the district's emergency planning efforts Being able to demonstrate such City support through signature of partnership agreements by the Mayor, Fire Chief and Police Chief is a grant requirement The City of El Segundo has signed such partnership agreements for previous applications by the El Segundo Unified School District and by doing so does not incur any financial responsibilities ATTACHED SUPPORTING DOCUMENTS- Draft 2005 Emergency Response and Crisis Management Grant jointly submitted by the ten South Bay School Districts FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase, Appropriation Required- _Yes _No ORIGINATED BY: DATE, 07/27/05 N rm Ang elo, Fi Chief REVIEWS DATE: 07127105 Jeff , ity Manager 4 156 ADTECH South Bay K -12 Schools Grant Proposal: School Emergency Response and Crisis Management (SERCM) Program DRAFT Dept. of Education FY 2005 (CFDA #84 184E) (OMB No 1890 -0009) July 2005 ABSTRACT Lawndale Elementary School District, the designated grant lead educational agency (LEA), and South Bay K -12 school districts are located in one of the most vulnerable areas in the United States (a list of the South Bay K -12 schools participating in this grant are included in Appendix A) In addition to the risk of earthquakes in this area, the schools are in close proximity to a number of potential terrorist targets, such as Los Angeles International Airport, the Ports of Los Angeles and Long Beach, the Los Angeles Air Force base, several oil refineries, the Scattergood power generation plant, Fortune 500 company headquarters, and the Alameda Corridor In addition, two schools in the South Bay area had recent acts of violence (domestic terrorism) • In 2002, a multiple shooting occurred on a Gardena area school campus, requiring lock down of the entire school facility for eight hours • In April 2003, a Lawndale High School student was arrested for possession of bomb making materials and possession of pipe bomb 1 151 The student planned to mimic the Columbine incident locally on the anniversary of the Columbine attack The SERCM program will better prepare participating schools to anticipate and prepare for all possible hazards that could affect students, staff, families, and the local and regional communities. In addition to traditional training for earthquakes, fires and other accidental or natural disasters, or criminal violence, SERCM will integrate and prioritize those with additional potential terrorist (e g , weapons of mass destructioNWMD) and public health (e g , infectious diseases or industrial accidents) threats — based on individual schools' profiles Specific objectives of this grant proposal also include improvement of the recovery aspect of emergency response and crisis management plans, from both a physical and emotional recovery perspective and improvement of training programs for both public and private schools. In addition, this grant will be used to evaluate and recommend improvements to the current methods of parental notification and parental response in lockdown situations General Approach The South Bay schools SERCM program will be centered around three main components that are keys to proper disaster readiness 1) Comprehensive, integrated, comparative risk analysis of threats and vulnerabilities, including those from natural disaster, accidents (industrial, transportation sectors, e g ), crime and terrorism, 2) Enhancement of district and particularly school -level emergency response planning and training for disaster mitigation and prevention, preparedness, response and recovery — including elements of evacuation, sheltering and parental notification programs, and 3) Provision of equipment or supplies for emergency response or crisis management 2 158 All efforts — including regional, district and each school's response /management plans and training — will be integrated into the local emergency response and disaster planning system, coordinated with appropriate, designated local law enforcement, public safety, public health and mental health agencies. The program will also ensure emergency response planning compliance with state (SEMS) and federal (NIMS) incident management systems and goals This risk analysis, response plan enhancement and training program will be unique in its range and depth of coverage It will primarily be individual school - specific, yet tailored and integrated across a wide range of possible security /safety threats, including those emanating from the wider national, state, regional, and district levels. Threat characterization is often not sufficiently addressed in homeland security countermeasures, yet it is essential for risk analysis of manmade and naturally occurring threats with the potential for significant casualties or disruption. Such threats to be analyzed and response elements to be incorporated into schools risk analysis include terrorism and criminal violence, including threats from conventional weapons and weapons of mass destruction -- chemical, biological, nuclear, radiological, and high- energy explosives (CBRNE) The latter might either be deployed on a regional level, affecting a large area at once, and could emanate from ports, airports, shipping, chemical and petroleumlenergy plants or storage depots, and numerous other sources There are also potential risks from naturally occurring infectious diseases or other public health crises that might emerge Among possible future examples could be included avian influenza ( "bird flu "), SARS or similar newly - discovered diseases, food poisoning, microbial water contamination, and other emergent pathogen - related threats Need for the Project 3 159 The South Bay K -12 schools are subject to a wide array of potential security and safety threats and vulnerabilities The Ports of Los Angeles and Long Beach, extensive chemical and petroleum processing and storage facilities, and other industrial plants are in close proximity These schools are also located close to Los Angeles International Airport, which has been a target of at least one terrorist attack,' and in an area that is generally considered at high risk for future such attempts given Its global profile, large, concentrated population, and economic and symbolic values to the nation The South Bay K -12 schools are partnering with USC's Center for Risk and Economic Analysis of Terrorist Events (CREATE). CREATE has already undertaken vulnerability assessments of the Los Angeles area (see Appendix B), and in order to optimally guide emergency response and crisis management plan design for schools, CREATE will undertake risk analysis ranging from broad regional coverage to a very specific, school by school level These efforts will complement and be integrated with existing federal, state, county and district- level security plans — in cooperation with local law enforcement, public safety and other partners — and build on, in part, existing regional disaster scenario and management "playbooks" and venue - specific plans developed by the LA County Sheriff's office Terrorism Early Warning Group (TEW), as well as existing school safety plans Significance of this Proposal This grant will enable the South Bay K -12 schools to enhance their emergency response and crisis management plans with specific consideration for regional risks The benefits to the South Bay K -12 schools will be as follows ' There is at least one confirmed example, the Dec 1999 capture of Ahmed Ressam, the so- called "millennium bomber," whose purported plan was to attack the Los Angeles Airport (LAX) with explosives he was smuggling into the United States at his capture 4 160 • New comprehensive risk (including threats and vulnerabilities) analyses tailored to three levels 1) Individual schools; 2) districts, and, 3) region This will better prepare participating schools to anticipate and prepare for natural disaster, accidents (Industrial, transportation sectors, e.g ), crime and terrorism that could affect students, staff, families, and the local communities • Two updated vulnerability assessments (a year apart) incorporating a regional and integrated approach to potential threats and disasters • Two updated SEMS/NIMS plans (a year apart), integrating a range of potential naturally occurring and human - caused crises /disasters and compliant with existing federal and state mandates • Allocated funds for emergency response equipment and supplies or security or communications equipment as Identified by the vulnerability assessments and each school's own needs assessments • Analysis and evaluation of potential communication systems, security equipment or emergency response purchases at the request of the Individual schools • Targeted training of designated school crisis managers /safety officers, etc — limited to allocations of staff time within roughly within the expected range for existing mandatesz and funding for staff release (i e , little If any extra staff training or drill time would be required) for both public and ` Section 32282(a)(2)(B) of the Ed Code provides The comprehensive school safety plan shall include, but not be limited to, both of the following (a) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, which shall include the development of all of the following. (b) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the Americans with Disabilities Act of 1990 (42 U S C Sec 12101 et seq ) 161 private schools in the South Bay • Recommendations for and development of an improved communications systems, with particular focus on parental notification in lockdowns and shelter-in-place for both public and private schools in the South Bay • Development of an ECRM website for South Bay private and public schools that may integrate existing communications systems in the region, such as the Los Angeles County Office of Education Emergency Management Information System • School- specific recommendations for modifications to existing drill procedures based on observation of practice drills • Communication of the regional and school - specific ECRM program to parents and to the community Once method for accomplishing this will be to work toward involving middle- and high school students in the emergency response program, including the training of student peer trainers (the other training of trainers element) This might be accomplished through a mentonng program in which USC grad students and staff work with ADTECH schools' students (in cooperation with school staff) in planning disaster communication and response drills involving students, staff, parents, families, etc • Establishment of an innovative crisis risk assessment and response pilot program that will be used to attract further grant funding, particularly for future staff and student training and drills • Administration of the NIMS Awareness Course "National Incident Management System (NIMS), An Introduction" (IS 700) to key district and school staff 6 iFi^ • Formal recognition of NIMS and adoption of NIMS principles and policies The SERCM program will aid districts and /or their local governments in establishing a timeline for formally adopting the NIMS • Incorporation of plans to account for the communication, transportation, and medical needs of individuals with disabilities within their school district Quality of Program Design This grant will be developed in coordination with USG's CREATE and Poms & Associates CREATE has expertise in probabilistic risk analysis of engineered systems, game theoretic extensions of risk analysis, and expert elicitation of risks and uncertainties. The team also has substantive expertise in the risks of nuclear facilities, nuclear waste storage and transport, flammable material, environmental pollutants, earthquakes, and biological terrorism Researchers extend risk analysis to include game theoretic concepts and other methods to address the problem of the unknown probability of a specific terrorism attack In addition to its theoretical and analytical capabilities, however, CREATE also has considerable on- the - ground, practical experience working with a variety of Southern California, state and federal emergency response and management "users," including the LA County Department of Public Health, the Sheriff's Department Terrorism Early Warning Group (TEW) and a wide variety of first responder agencies (fire, police, shenffs, EMS) and organizations. CREATE researchers who would perform central roles in the SERCM program implementation include 163 • Detlof von Winterfeldt. Risk and economic analysis of terrorism, previous experience with environmental risk, creation and analysis of dirty bomb (RDD) device threat to the Ports of LA & Long Beach area • Isaac Maya [fill in appropriate entry] • Mike Orosz Computer simulation and design Most recently, built system architecture for CREATE /ISI Risk Analysts Workbench (RAW), a risk and scenario generator program /interface being designed • Onur Bakir Risk and economic analysis of terrorism threats to borders, including ports of entry Economics and systems engineering expertise • Terry O'Sullivan Analysis of terrorism, public health, infectious disease and biological terrorism threats and public health emergency preparation and response capabilities Additional experience more generally in security studies, organizational analysis and political economy. Poms & Associates Insurance Brokers, Inc is a highly experienced insurance brokerage and consulting firm, committed to serving the risk management needs of both public and private entities Its services and products represent a broad range, including the provision of loss control services by highly skilled professionals and general consulting services Poms has worked with a number of the South Bay K -12 school districts on loss control audits and prides itself in offering creative, innovative and flexible solutions The consultants at Poms have an impressive background of experience in safety and loss control, unsurpassed by any of the larger brokerage and consulting firms With respect to the 2005 ERCM grant, the Risk Management Consulting division of Poms & Associates will be updating the districts' SEMS /NIMS plans and assisting with drill observation and recommendations Poms has extensive experience working with school districts on development and updating of emergency and disaster plans and has performed loss control audits for a number of the South Bay K -12 school districts 8 164 Poms & Associates staff will be headed by Terne Norris, CSP, ARM, CPSI Terne is Director of Safety Services for Poms & Associates Insurance Brokers, Incorporated She has been involved in loss control and prevention since 1983 Terne is a Certified Safety Professional and holds certification in two specialty areas, Comprehensive Practices and Management Aspects She is also a Certified Playground Safety Inspector Ms Norris is a Professional Member of the American Society of Safety Engineers and serves on its Board of Directors In 2001, she was selected as the Orange County ASSE's Chapter Safety Professional of the Year, and in 2002, she was selected as ASSE's Region I Safety Professional of the Year Terne is a current member of the American Society of Testing and Materials Poms will work to enhance the South Bay schools current SEMS plans and to ensure their compliance with NIMS. Furthermore, the South Bay Schools will ensure that the plans that mitigation, prevention, preparedness and response are updated and responsive to each school's specific needs One area in which the schools are deficient is in their recovery plans CREATE will work with the South Bay Schools to develop recovery plans that takes into account both physical recovery of the schools as well as the emotional recovery of students and staff CREATE will work with LAC -USC Medical Center is developing the emotional recovery aspect of the South Bay schools' emergency response and crisis management plans Another area that will be targeted by this grant is improvement in parental notification procedures and educating parents on emergency response procedures in the event of an emergency or disaster, especially lockdowns and sheltering situations We will look into the possibility of expanding the current ham radio network in Palos Verdes and evaluate technological developments in emergency communications 9 16 Poms and CREATE will work to include the specific needs of each school In addition to the physical threats to be included in each school's vulnerability assessment, we will also take into account demographic information and work with local police to address any special crime considerations Each SEMS /NIMS plan will specifically consider the needs of individuals with disabilities and special needs Appendix A also gives an ethnicity breakdown for each participating school CREATE and Poms will also observe the schools' current drill and training procedures and recommend improvements that can be made to enhance protection of students, staff and property. CREATE will provide training to both public schools and private schools in the South Bay. We have spoken to private schools, and they would be interested in training, particularly with respect to lockdowns. The South Bay schools work closely with their local cities, police and fire departments. Copies of the partnership agreements for each participating school district is included in Appendix C Quality of the management plan Appendix D includes a detailed budget and timeline with respect to the South Bay Cities grant proposal. The timeline also includes a number of meetings with parents, teachers, first responders, and the community We also plan to advertise training sessions that will be open to private schools, to ensure that all schools are invited to those open sessions. We plan to utilize the ECRM website to be developed as well as mailings to advise and inform parents and the community of developments in the schools' emergency response and crisis management plans 10 16 +, Coordination with the State Homeland Security Plan The South Bay K -12 schools are working closely with state and regional partners The South Bay Cities Council of Governments Homeland Security Task Force has a special session for schools scheduled for August 17`h, and speakers include the Deputy Director of the Governor's Office of Homeland Security, the Director of USC's CREATE, a representative from the Los Angeles County Office of Education, a representative from the Los Angeles County Office of Emergency Management, and a representative from the Alliance of Schools for Cooperative Insurance Programs. Consultation with Private Schools We spoke with several private schools in the South Bay — Chadwick School, Rolling Hills Country Day School, and Peninsula Heritage School. All are members of either the California Association of Independent Schools or the Southern California Independent Schools Business Officers Association Those associations are currently focused on lockdown situations, and the schools would welcome input, advice, and training on lockdown situations This grant proposal specifically provides for analysis of current private school drill procedures and will offer training in emergency response to private schools The schools are also interested in a regional communication system The Palos Verdes private and public schools are currently connected to local fire, police, and cities by a ham radio system Designated persons in each school hold the appropriate FCC licenses. This system could possibly be expanded on a regional basis The South Bay private schools would also have access to the ECRM website that will be developed to enhance communication between regional emergency 11 167 response resources CREATE will provide South Bay private schools with a copy of its completed regional vulnerability assessment At this time, the schools we spoke to were not interested in school - specific vulnerability assessments. Project Evaluation The South Bay schools propose to use the following methods for evaluating the application of this grant: • Evaluation forms for emergency drills and documentation of improved drill response time • Documentation of procedures developed for risks not previously addressed • Documentation of enhancements to current training procedures • Documentation of the number of school staff trained in both public and private schools • Documentation of improved partnerships between community partners and the school district such as ongoing quarterly meetings of the schools participating in the South Bay Cities Council of Governments Homeland Security Task Force Documentation of parent and community outreach efforts • Documentation of the number of vulnerability assessments conducted; 12 168 Task Cost Regional Vulnerability Report 2005 -6 (2 staff $8,000 40 hours each = $8,000 Regional Vulnerability Report 2006 -7 $8,000 Evaluation and development of recommendations for parental $16,000 communication and notification system Implementation and maintenance of an ECRM page /website for South Bay public and private schools that may possibly utilize $13,600 LACOE's EMIS system ($200 /mo and $10,000 for development) Development of a physical recovery plan in the event of a disaster or emergency and to work with LAC -USC Medical Center to $10,000 develop a response strategy to deal with emotional needs of students and staff after any such event CREATE participation in meetings with $2,000 ADTECH CREATE participation in meetings with $4,000 private schools CREATE participation in meetings with local city, police, fire, public health agency, and mental health agency to integrate the South $6,000 Bay schools with existing emergency response resources Poms & Associates participation in meetings $2,000 with ADTECH Advertising costs (notices of tramings to $4,000 private schools 2 mailings to public school parents $85,000 114,000 Photocopying costs (e g , two mailings to $114,000 public school parents) Project Director fee (preparing of accounts $50,000 and reports to the DOE) - 18 months Project Director travel costs to Washington $6,000 DC to meet with DOE 3x Independent Project Evaluator $20,000 Miscellaneous administrative costs $5,000 TOTAL SHARED COSTS $353,600 169