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2005 DEC 20 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 lenath In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 20, 2005 - 5:00 P.M. Next Resolution # 1390 Next Ordinance # 4447 5 :00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows 0 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 matters 1 City of El Segundo v City of Los Angeles, et al , LASC No BS094279 2 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -1- matter 1 Purchase of Real Property (Parcel Nos 4138 - 004 -016 (primary parcel), 4138 - 004 -008 and 4138 - 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation Thomas Properties SPECIAL MATTERS — o matter LU2 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 lencth In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 20, 2005 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarldes Next Resolution # 1390 Next Ordinance # 4447 GU3 PRESENTATIONS - (a) Commendation presented to Chris Sherrill and Cindy Mortesen accepting on behalf of the sponsors, supporters and volunteers of the El Segundo Community Christmas Dinner to be held at 1 00 p m on Christmas Day at the Joslyn Center at Recreation & Parks 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) on the proposed projects and budget for the 2006 -2007 Community Development Block Grant (CDBG) Program Year, and the sale of unallocated, Community Development Block Grant (CDBG) funds totaling $90,000 with another CDBG participating city within the Los Angeles Urban County. Estimated CDBG budget allocation for Program Year 2006 -2007 is $93,540 and Estimated General Fund appropriation is $65,815. Recommendation - (1) Open public hearing and take testimony, (2) Close public hearing and discuss item, (3) Authorize staff to proceed with identifying an interested participating city to begin negotiations for the exchange of unallocated CDBG funds totaling $90,000, establish an exchange rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another City, (4) Adopt the new 2006 -2007 CDBG projects and budget, including the appropriation of $65,815 of unallocated General Fund monies (partially from the proposed sale of CDBG funds), (5) Authorize the City Manager to execute the contracts, as to form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds, (6) Alternatively, discuss and take other action related to this item 4 OU4 C. UNFINISHED BUSINESS 2. Consideration and possible action regarding a presentation by Colonel Joseph Codispoti of the Los Angeles Air Force Base, on the progress of Systems Acquisition Management Support (SAMS) project. Recommendation — (1) Receive and file presentation, (2) Alternatively, discuss and take other action related to this item 3. Consideration and possible action regarding a 90 -day extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport. (Fiscal Impact: $24,000) Recommendation — (1) Authorize the Mayor to execute the attached consultant agreement with the MWW Group effective January 1, 2006, (2) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding the Annual Report of the Community Cable Advisory Committee. Presentation to be made by the Chair, Brian Mitchell. (Fiscallmaact: None) Recommendation — (1) Receive and file the Annual Report of the Community Cable Advisory Committee, (2) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 5. Warrant Numbers 2550911 to 2551163 on Register No. 4 in the total amount of $784,913.61 and Wire Transfers from 11124/2005 through 12/8/2005 in the total amount of $654,633.44. 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 0 UJ 6. Special Joint City Council and Planning Commission Meeting Minutes of November 29, 2005 and City Council Meeting Minutes of December 6, 2005. Recommendation — Approval 7. Consideration and possible action regarding approval of a professional services agreement with MuniFinancial to provide a study to update the City's Development Impact Fees (Fire, Police, Library, with the addition of Park (Quimby) Fees). (Fiscal Impact: $38,500) Recommendation — (1) Authorize the City Manager to sign a professional services agreement approved as to form by the City Attorney, (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 8. Consideration and possible action regarding the expansion of the City's Residential Sound Insulation program and a proposal by the Planning and Building Safety Department (PBS) to establish new job classifications for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator positions in support of the City's Residential Sound Insulation program. These changes are contingent upon final approval of the proposed settlement agreement with Los Angeles World Airports (LAWA). (Fiscal Impact: Estimated impact $10.5 Million, funded by Federal Aviation Administration (FAA) and potential settlement agreement with LAWA). Recommendation — (1) Receive and file presentation on the expansion of the City's Residential Sound Insulation Program, (2) Approve the class specifications for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator, contingent upon approval of the proposed settlement agreement with LAWA, (3) Adopt a Resolution establishing the monthly salary ranges, (4) Introduction of an Ordinance amending El Segundo Municipal Code §§ 1 -6 -3, 1 -6 -4 and 1 -6 -5 regarding city departments and department directors, (5) Adopt a Resolution amending the conflict of interest code, (6) Approve staff to reclassify the current Senior Program Coordinator to Residential Sound Insulation Manager and begin the recruitment process for the positions of Office Specialist II, Property Owner Coordinator, and two Construction Coordinator positions in support of the Residential Sound Insulation Program, (7) Alternatively, discuss and take other action related to this item 6 006 9. Consideration and possible action regarding approval of a contract with Rincon Consultants, Inc. (Rincon) to prepare an update of the City of El Segundo Local Coastal Program (LCP) and to prepare an Environmental Impact Report (EIR) for the Local Coastal Program and a General Plan Amendment, Zone Change, and a Zone Text Amendment to allow commercial uses on the property currently occupied by El Segundo Power (301 Vista Del Mar Boulevard) and a Zone Text Amendment to amend the time period for allowing legal non - conforming land uses from twelve to six months on certain land uses. (Fiscal Impact: $263,500). Recommendation — (1) Authorize City Manager to execute a standard professional services contract with Rincon Consultants, Inc to prepare an amendment to the LCP and an EIR in an amount not to exceed $263,500, (2) Alternatively, discuss and take other action related to these items 10. Consideration and possible action regarding the introduction of an Ordinance adding a new Chapter to the El Segundo Municipal Code entitled "Public Works Contracts" establishing revised bidding and accounting procedures for public works projects in accordance with the Uniform Public Construction Cost Accounting Act. (Fiscal Impact: None) Recommendation — (1) Introduce and waive first reading of an Ordinance adding a new Chapter to the El Segundo Municipal Code entitled "Public Works Contracts" establishing revised bidding and accounting procedures for public works projects in accordance with the Uniform Public Construction Cost Accounting Act, (2) Alternatively, discuss and take other action related to these items G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — Council Member Jacobson — Mayor Pro Tom Gaines — OU7 Mayor McDowell — 11. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. Recommendation — (1) Approve request by Mr S Claus for a waiver of the permits required for doing business within the City of El Segundo as follows (1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4, (2) The use of air rights and waiver of the Santa Monica Radial 160 R Procedure (FAA should be contacted), (3) Grant a free business license for a non - profit organization (SSMC 4 -1 -7), (4) Waiver of ESMC 8-4 -11 B (Driveway permits required) and ESMC 8 -5 -11 (parking on grades), (5) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3), (6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) Including 6 -2 -5 dealing with trespassing animals, (7) Waiver of the Ordinance on Animal Regulations (ESMC 6 -2 -1), (8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4) Additionally, Mr S Claus has been directed to the Coastal Commission for clearance over the ocean, D M V. for a valid vehicle registration, Department of Health & Welfare to ensure his elves are receiving minimum wage, and the Air Quality Management District to ensure a safe and clear sleigh ride PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identity 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, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, andfor 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 /a -M -d5 TIME 3 415 Pm NAME nMw� GU8 Dmmenbatt"On Citp of el beguubo, California WHEREAS, The El Segundo Community Christmas Dinner was the brainchild of El Segundo resident Bill Coffman, who in 1983 thought it a good idea for people to come together in fellowship on Christmas Day Bill Coffman solicited the help of such people as Sandra Jacobs and others to put on the event, with turkeys donated by Hughes employees and cooked and served by the then W C Fields Restaurant WHEREAS, During the past 21 years, the El Segundo Community Christmas Dinner has become a hometown tradition that has survived changes in meeting places, from the W C Fields Restaurant to the Masonic Lodge, Compn Hotel to the Joslyn Center, and the different involvement of sponsors, community groups and organizations, businesses, scouts and associations and many, many volunteers WHEREAS, Besides the 200+ people who partake of the El Segundo Community Christmas Dinner, some 35 plus members of our community who are homebound have had their Community Christmas Dinner delivered by Charles and Sue Carter since 1987 WHEREAS, With monetary donations in the past from Chevron, El Segundo Rotary Club, El Segundo Kiwams Club, Continental Development Corporation and Mattel, the cooked hams and turkeys from the Stick & Stein Restaurant, desserts from El Segundo Bakery, holiday music by DJ and MC, Tony Barthel, and the helping hands of the React Club and ASB students, Chris Sherrill and Cindy Mortesen will once again organize the El Segundo Community Christmas Dinner to be held at 100 p m. on December 25th at the Recreation & Parks Joslyn Center, for the benefit of all those in the community who wish to participate in fellowship and share in some Christmas cheer NOW, THEREFORE, on this 20th day of December, 2005, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby commend and thank all sponsors, supporters and volunteers, for their unselfish community service in keeping this hometown holiday tradition alive in El Segundo s 3 j_ rK , "K,,,,,,Y 000 EL SEGUNDO CITY COUNCIL MEETING DATE: December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Special Order of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action (Public Hearing) on the proposed projects and budget for the 2006 -2007 Community Development Block Grant (CDBG) Program Year, and the sale of unallocated, Community Development Block Grant (CDBG) funds totaling $90,000 with an- other CDBG participating city within the Los Angeles Urban County Estimated CDBG budget allocation for Program Year 2006 -2007 is $93,540 and Estimated General Fund appropriation is $65,815 RECOMMENDED COUNCIL ACTION 1 Open public hearing and take testimony, 2 Close public hearing and discuss item, 3 Authorize staff to proceed with identifying an Interested participating city to begin negotia- tions for the exchange of unallocated CDBG funds totaling $90,000, establish an ex- change rate, and return to the City Council with a resolution authorizing the exchange of CDBG funds with another City, 4 Adopt the new 2006 -2007 CDBG projects and budget, Including the appropriation of $65,815 of unallocated General Fund monies (partially from the proposed sale of CDBG funds), 5 Authorize the City Manager to execute the contracts, as to form approved by the City Attorney, with the Los Angeles County Community Development Commission, and with all sub - recipients receiving CDBG funds, and /or, 6 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the Federal Housing and Urban Development Department (HUD) and administered through the Los Angeles County Community Development Commission (CDC) Participating cities receive (Continued on next page) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT- Operating Budget: CDBG /General Fund /CDBG Unallocated Amount Requested- $93,540 CDBG 06- 07/$65,815 General Funds (From the Sale of FY 04 -05 CDBG Funds) Account Number. CDBG- Fund 111 / Gen Fund - 001 Project Phase- N/A Appropriation Required. X Yes No ORIGINATED BY DATE: (7 � � cv\ P�ir�o• d Seimone JtlptS!DI cto Planninq and Buildmq Safetv Jeff SWartAMv Manager 11 1 STAFF REPORT Page 2 BACKGROUND & DISCUSSION, (cont) funding based upon the total number of cities participating in the County's program, and a City's commitment to provide housing, economic, social service, and community development opportunities that principally benefit persons of low and moderate income levels Since 1986, the City of El Segundo has annually participated In the Los Angeles Urban County's CDBG Program In order to continue its participation in the upcoming 2006 -2007 program year, which begins on July 1, 2006, and ends on June 30, 2007, the City of El Se- gundo must prepare and submit its proposed CDBG project descriptions to the Los Angeles County Community Development Commission by February 1, 2006, for review and approval Pursuant to Federal requirements, notice of this public hearing was posted in public buildings within the City Federal requirements also mandate that as part of the hearing, the Council and public be informed of the range of eligible housing and community development activities that maybe funded under the CDBG program Interested persons may obtain a copy of the Fed- eral eligibility guidelines, available at the City of El Segundo's Department of Planning and Building Safety, during regular business hours Exchange of CDBG Funds The proposed 2006 -2007 CDBG allocation for the City of El Segundo is $93,540 This is ap- proximately eight percent (8 %) less than last year's CDBG funding level This is a planning es- timate only, the Los Angeles County Community Development Commission (CDC) does not receive the final appropriation from HUD until Spring 2006 The City's final CDBG allocation may be more or less than the planning estimate Generally, however, the final allocation is within 10016 of the estimate provided The proposed total CDBG budget for 2006 -2007 is $159,355, a difference of $65,815 from the CDBG annual allocation In order to close the funding gap, it is recommended that the City exchange unspent, unallocated CDBG funds to- taling $90,000 with another participating city within the Los Angeles Urban County CDBG Pro- gram CDBG funds totaling $90,000 accumulated due to a low participation rate in the Minor Home Repair and Residential Sound Insulation Projects during the previous CDBG program year, and an unanticipated cost savings realized after completion of the installation of the ADA Doors Project Unallocated funds may not be added to public services projects (Home Deliv- ered Meals, Senior In -Home Care or Juvenile Diversion) or general administration due to the expenditure cap established by HUD The Los Angeles County Community Development Commission (CDC) encourages cities to exchange CDBG funds if unable to expend them in a timely manner Participating cities within the Los Angeles Urban County CDBG Program are eligible to exchange or "sell" CDBG mon- ies among each other Typically, cities that purchase CDBG funds "buy" the CDBG funds us- ing unrestricted General Funds CDBG funds often sell at a discount because of the regula- tory burden assumed by the purchaser The current rate that cities purchase CDBG funds range from $0 55 to $0 65 per CDBG dollar Thus, if the City were to successfully exchange $90,000 a yield of $49,500 to $58,500 may be realized This would reduce the amount of funds needed from the General Fund for the proposed 2006 -2007 CDBG budget to a range of approximately $7,315 to $16,315 to maintain the same funding levels Manhattan Beach and Oil STAFF REPORT Page 3 BACKGROUND & DISCUSSION. (cont.) Lomita are two examples of South Bay cities that exchange CDBG funds annually Presently, the cities of West Hollywood and San Fernando may be likely buyers The CDC assists participating cities in completing the exchange transaction However, cities may negotiate freely with each other to ascertain a mutually acceptable exchange rate Fol- lowing a successful negotiation of an exchange rate, both cities enter into an agreement and each respective City Council approves a resolution acknowledging the exchange The resolu- tions are processed by the CDC and submitted to the County Board of Supervisors for ap- proval Once the Board of Supervisors approves the exchange, the transfer of funds between cities is completed The $90,000 available for the exchange represents an unallocated balance of Community Development Block Grant funds carried over from the previous CDBG Program Year If these funds remain unspent by March 31, 2006, the County of Los Angeles Community Develop- ment Commission (CDC), under authority from the HUD, may recapture these funds from the City of El Segundo Exchanging CDBG funds is a solution to avoiding recapture of CDBG funds, and, more importantly, provides a pool of unrestricted funding necessary to maintain the existing CDBG public service projects of Home Delivered Meals and Senior In -Home Care, without using other City funding sources or reducing current service levels It will create the revenue stream to continue these public service projects It should be noted that, generally speaking, the regulatory burden caused by the CDBG pro- gram results in a cost of approximately $1 35 to $1 45 spent for every $1 00 of CDBG funds received Thus, dollar- for - dollar, the sale of CDBG funds returns the full cost of implementing the program Exchanging CDBG funds with another city will not compromise the City's annual CDBG allocation in future years Proposed CDBG Projects and Budgets for 2006 -2007 The following CDBG projects and budgets are proposed for 2006 -2007 The CDBG Program allows for a 15% allocation towards public service activities and a 10% allocation for General Administration Fifteen percent of the City's annual CDBG allocation for 2006 -2007 equals approximately $14,031 Ten percent of the City's 2006 -2007 allocation is $9,354 The Re- moval of Architectural Barriers is proposed to replace the Residential Sound Insulation (RSI) Program in the equivalent amount of $35,000 This is proposed since funds will no longer be needed as a result of the complete funding for the RSI Program with monies obtained through a settlement agreement between the City of El Segundo and the City of Los Angeles World Airports (LAWA) related to the expansion of Los Angeles International Airport (LAX) J t f� STAFF REPORT Page 4 BACKGROUND & DISCUSSION. (cont.) General Fund" Total Budget CDBG Allocation Supplement Donations Home Delivered Meals (Public Service) $30,100 $0 $21,100 $9,000 To provide approximately 5,000 -6,000 home delivered meals to El Segundo low and moderate - income elderly and severely handicapped persons annually St Vincent's Meals on Wheels has successfully been pro- viding home delivered meal services to the residents of El Segundo since October 2004 Total Budget CDBG Allocation G F Supplement" Donations Sr In -Home Care (Public Service) $35,000 $0 $35,000 N/A To provide approximately 400 -500 in -home visits annually to El Segundo low and moderate - income elderly and severely handicapped persons Always Right Home Care has been providing quality home health care ser- vices to the residents of El Segundo since July 2004 Total Budget CDBG Allocation G F Supplement` Donations Juvenile Diversion (Public Service) $16,000 $14,031 $1,969 N/A Under a continuing pubic service agreement with the South Bay Youth project, a community- based, non - profit organization, approximately 400 counseling service hours are provided by licenses family therapists to El Segundo at -risk youth Total Budget CDBG Allocation G F Supplement Donations Minor Home $35,155 $35,155 0 N/A Repair The Minor Home Repair project provides financial assistance to qualified low and moderate income, single family, owner - occupied condominium and homeowners to make necessary minor home improvements Grants in the amount of $5,000 and a deferred zero percent (0 %) loan up to a maxi- mum of $10,000, for a total of $15,000 in assistance are offered CDBG regulations now require every housing rehabilitation project to comply with federal lead -based paint identification and remediation Thus, eligible homeowners may use the grant allowance to compensate for the costs associated with lead -based paint hazard evaluation and reduction Requirements Approximately three loans /grants will be funded Total Budget CDBG Allocation GF Supplement Donations Removal of $35,000 $35,000 $0 N/A Architectural Barriers Construction of Handicapped Access Concrete Ramps at Various City Intersections 013 STAFF REPORT Page 5 BACKGROUND & DISCUSSION: (cont) Total Budget CDBG Allocation G F Supplement' Donations Administration $17,100 $9,354 $7,746 N/A (max 10 %) 'General Fund Supplement — will include proceeds from the exchange of unallocated CDBG funds P Tlammng & Building Safe1y\CDBMCDBG06- 07ccmtg combined final doc C, 14 EL SEGUNDO CITY COUNCIL MEETING DATE- December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION, Consideration and possible action regarding a presentation by Colonel Joseph Codispoti of the Los Angeles Air Force Base, on the progress of Systems Acquisition Management Support (SAMS) project RECOMMENDED COUNCIL ACTION: (1) Receive and file presentation, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: During the October 18, 2005 City Council meeting, Council requested that Colonel Joseph Codispoti be invited to make a presentation on the progress of the SAMS project ATTACHED SUPPORTING DOCUMENTS: NONE FISCAL IMPACT: None Operating Budget, Amount Requested. Account Number- Project Phase. Yes _ No ORIGINATED: DATE: December (1, 2005 a, Qom«_ Ai O Abreu/Executive Assistant DATE: Decemberly, , 2005 ol. 2 EL SEGUNDO CITY COUNCIL MEETING DATE: December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION Consideration and possible action regarding a 90 -day extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport (Fiscal Impact $24,000) RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor to execute the attached consultant agreement with the MWW Group effective January 1, 2006, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The City's current agreement with the MWW Group expires on December 31, 2005 It was anticipated at the beginning of the current fiscal year that work related to the non - litigation aspects of the City's efforts regarding LAX would be completed by the end of the calendar year However, remaining issues must be settled before the City implements a final settlement regarding the airport, or, failing a settlement, continues to pursue litigation Toward that end, the MWW Group has proven to be an effective advocate on behalf of the City with staff and elected officials in the City of Los Angeles and Los Angeles World Airports (LAWA) The attached agreement with the MWW Group is meant to provide services until such time as LAX issues which are subject to pending litigation have been resolved The recommended term of the agreement is 90 -days However, it does include a 30 -day cancellation provision should work conclude before March 31, 2006 ATTACHED SUPPORTING DOCUMENTS- 1) Agreement between the City and the MWW Group, 2) Letter outlining proposed services by the MWW Group FISCAL IMPACT Not to exceed $24,000 Amount Requested: $24,000 Account Number 01- 400.2901 -6406 Project Phase NIA Appropriation Required _Yes X No 3 016 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of January 2006, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and The MWW Group hereinafter referred to as "Consultant" This Agreement shall be in full force and effect through March 31, 2006, unless extended by mutual agreement of City and Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License Consultants shall begin its services under this Agreement on June 1, 2004 Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein Additionally, Consultant shall provide the services specified in Exhibit A in compliance with the following conditions All work performed by Consultant shall be directed through the City Manager or designee, all work requested of Consultant by the City shall be directed by the City Manager or designee, consultant shall submit periodic reports of work product and progress on stated goals outlined in Exhibit A to the City Manager not less frequently than once each month 2 STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of U1'1 City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section Without limiting the foregoing, Consultant shall not expend any funds in violation of California Constitution, Article 16, Section 6, Government Code, Section 81000 et seq ( "Political Reform Act "), or any other federal or state law governing the expenditure of public funds Consultant shall be solely responsible for submittal of all documents, forms and other information that may be required by all applicable agencies as a result Contractor's performing the services specified in this Agreement 4 PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be paid as a fixed monthly retainer not to exceed eight thousand ($8,000) dollars per month Payments shall be made in approximately thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice 6 EXPENSES. It is understood that consultant may incur expenses during the performance of work specified in "Exhibit A" that are not included in the retainer paid to Consultant by City (e g., printing costs for materials distributed by Consultant, postage for public meeting announcements, meeting room fees, and other related expenses). Upon approval of City Manger, Consultant may submit such expenses to City for reimbursement All requests for reimbursement must be accompanied by valid original invoice or receipt from vendor providing service on behalf of Consultant No expense shall be reimbursed by City in the event Consultant has not obtained prior approval from City Manager In no event shall such requests for reimbursement exceed one - thousand dollars ($1,000 00) per month 018 7 ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services 8. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 9. FACILITIES AND RECORDS. City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 10. TERMINATION OF AGREEMENT. This Agreement shall expire on March 31, 2006 The City upon 30 days written notice written notice may terminate with or without cause this Agreement In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 11. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable 019 way to facilitate, without undue delay, the work to be performed under this Agreement 12. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 13. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code 6250, et seg Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response ii 1r." tj (B) Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Specifically, in this connection, Consultant shall not provide any services to any other person, organization, public entity, or business that relates to airports in the Southern California region without the express written consent of the City Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subcontractor with the express written consent of the City 14. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 15. INDEMNIFICATION. Consultant agrees to the following A. Indemnification by Consultant. Consultant will save harmless and indemnify, including, without limitation, City's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Consultant or any of Consultant's officers, agents, employees, or representatives, in the performance of this Agreement B. Indemnification by City City will save harmless and indemnify, including, without limitation Consultant's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by City or any of City's officers, agents employees, or representatives, in the performance of this Agreement C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement D. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by this Agreement, 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 0 24 Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification E. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California F Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN 16 INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is to be placed with insurers with a current AM Best's rating of no less than A VII Consultant shall provide the following scope and limits of insurance (a) Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (ii) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City (iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (Not needed if Self- employed with no employees ) y,4 (iv) Errors and omissions liability insurance appropriate to the Consultant's profession (b) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (ii) Automobile Liability: Including owned, non - owned and hired vehicles for bodily injury and property damage with (See cover letter (page 1) for actual dollar level Requirements) At least $1,000,000 per occurrence. $100,000 - $300,000 per occurrence As required by State Statutes A copy of your current policy must be submitted naming yourself and or your company HID Workers' Compensation and Emplover's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (iv) Errors and Omissions or Malpractice or Professional Liability: At least $1,000,000 per occurrence B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions (a) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (b) General Liability and Automobile Liability Coverages. 0 22 (1) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (ii) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (iii) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (v) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (c) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City B. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at any time 023 (a) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (b) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (c) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 17. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 18. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 19. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 20. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void U� -f 21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder 22. NOTICES. Notices shall be given pursuant to th personal service on the party to be notified, or by written party deposited in the custody of the United State s addressed as follows Cltv Jeff Stewart City of El Segundo 350 Main Street El Segundo, California 90245 -3895 Telephone (310) 524 -2301 Facsimile (310) 322 -7137 Consultant David A Herbst The MWW Group 660 South Figueroa Street, Suite 1400 Los Angeles, CA 90017 Telephone (213) 486 -6560 Facsimile (213) 486 -6501 is Agreement by notice upon such Postal Service The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 23. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written Company Name The MWW Group go Title 02:; CITY OF EL SEGUNDO Mayor ATTEST Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D Hensley City Attorney 0 2 G MEMORANDUM December 14, 2005 To: Jeff Stewart/City Manager Fm: David A Herbst Senior Vice President & General Manager Re: Continued Public Affairs Work on LAX Issues As you know, significant progress has been made in addressing El Segundo's issues surrounding the future of Los Angeles International Airport We have been honored to work for the City in moving forward the settlement agreement that is now being finalized This morning's Daily Breeze story, "Airport project's money is disputed ", shows that there is still work that needs to be done As part of our ongoing work, MWW Group will • Guide and advise on discussions with City of LA officials and others critical to finalizing the settlement agreement and moving forward with the commitments contained therein, • Continue to engage the media on El Segundo's issues, • Advise and support efforts to "ramp up" the regional aviation plan, • Work with the City to promote and increase participation in the "fast tracked" sound proofing program that is a result of the agreement We appreciate the opportunity to complete our work and see this important project through to completion Thank you 660 South Figueroa Street Suite 1400 Los Angeles, CA 90017 tel 213 486 6560 fax 213 486 6501 www mww corn G / Chicago Los Angeles New Jersey New York Seattle Washington, D C EL SEGUNDO CITY COUNCIL MEETING DATE: December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- Reports of Committees, Boards, and Commissions DESCRIPTION: Consideration and possible action regarding the Annual Report of the Community Cable Advisory Committee Presentation to be made by the Chair, Brian Mitchell (Fiscal Impact None) RECOMMENDED COUNCIL ACTION' 1) Receive and file Annual Report of the Community Cable Advisory Committee, 2) Alternatively, discuss and take other action related to this Item. BACKGROUND & DISCUSSION: City Council has requested that Committees, Commissions, and Boards give an Annual Report updating the Council on their accomplishments over the last year and their goals and objectives for the coming year A brief presentation by Brian Mitchell, Chair, will be given to the Council. A written Annual Report will be submitted after the presentation ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT None Operating Budget. N/A Amount Requested: N/A Account Number: NIA Project Phase: NIA Appropriation Required: _Yes x No Sl 028 0 z gIJL Z m J N W J NH LLW � )O t � UY 3 I z I N K W m f W U W O 0 O N Q m di c1� m � m�nmcl �i�mm� i LL N 2 LL W J � � Z �LL a zm�m� z z a�o FLL r° F�Y::wgzN Z�iIQpK�NNN2�N J 3 �LL V xs �oa�i �fn 9K�K 6Jw OW�QQ YO W2a (��11�0¢O f4} ll p h¢ Q U a 6 a i 2 f w LL W j � a O z w w 2i miw(� z oo OW OZ R-M W¢ W GNI a LL LL R Zoo N� p IZW- 'H W yl ZZ..03 C J mJ mW � LL y W J g D SSF j Z Q Q J z Z¢ W m m y N y Q~ W rlFl 3 Z 111 ymj GQOZ OKOZ p pYdg. K g Wg g Wg N ZLL u'�ti 3u 3i8w�3rcu'7 G7O 3 F E °a B d N 8 w� w Q W q cu E QO_U UQ Or 6 iH S x s 9 Z W F Z O J Q � Z W J m N Y U W_ U O 'o K � II 11 LL U rc li a m o O U S p � V D O G, 2J f U $ E 2 a a 8 8 w d ^t0 p w Sg ns N➢ 4� Cd C do8 >� N U m pL £ c c v d N m OE L4 ti dd a �f @nd i a Y� K � II 11 LL U rc li a m o O U S p � V D O G, 2J CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/24/2005 THROUGH 12/8/2005 Date Amount Description 10/6/05 Health Comp (4,541 13) Correction - reported in 2 memos 10/6/05 IRS (192,25566) Correction - reported in 2 memos 10/6/05 Employment Development (41,221 52) Correction - reported in 2 memos 10/24105 La Salle (43,725 00) Correction - reported in 2 memos 11/29/05 Federal Reserve 17500 Employee I Bonds 11/29105 Federal Reserve 20000 Employee EE Bonds 12/1/05 IRS 201,369 04 Federal Taxes 12/1/05 Employment Development 44,389 25 State Taxes 12/2/05 Cal PERS 293,839 42 PERS Health 12005 Federal Reserve 42500 Employee I Bonds 12/2/05 Federal Reserve 5000 Employee EE Bonds 12/6/05 Health Comp 74738 Weekly claims 11/25 12/7/05 Lane Donovan Golf Ptr 18,078 70 Golf Course Payroll Trf 12/7/05 IRS 74,140 94 Federal Taxes Holiday pay 12/7/05 Employment Development 17,178 82 State Taxes Holiday pay 1217/05 Health Comp 7,56323 Weekly claims 12/2 12/8/05 Cal PERS 254,284 40 PERS Retirement 11/24- 12/8/05 Workers Comp Activity 23,935 57 SCRMA checks issued DATE OF RATIFICATION: 12/20/05 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 654,633 44 Ia I I-31o5 Date Date D (G r 654,633.44 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 030 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL AND PLANNING COMMISSION TUESDAY, NOVEMBER 29, 2005 — 7 00 P M CALL TO ORDER — Mayor McDowell at 7 00 p m PLEDGE OF ALLEGIANCE — Planning Commission Chair Robin Funk ROLL CALL — City Council Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present ROLL CALL — Planning Commission Chairman Funk - Present Commissioner Kretzmer - Present Commissioner Fellhauer - Present Commissioner Frick - Present Commissioner Wagner - 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 Anthony Hediack, resident, requested that design guidelines not be confined to style and be left open for individual tastes A SPECIAL ORDERS OF BUSINESS - Consideration and possible action regarding a presentation and discussion of changes proposed by the Council Subcommittee, to the El Segundo Municipal Code Title 15, Chapter 4A regarding the development standards for the Single - Family Residential R -1 Zone Council Member Boulgandes stated that the objective of the sub - committee was not to restrict the development of larger homes, but to preserve the quality of life for the adjacent residences, Seimone Jurps, Planning and Building Safety Director, and Kimberly Christensen, Planning Manager, gave a report Comments from public regarding proposed Zoning Code amendments 031 6 Bob Medcalf, resident, stated his objections to the proposed restrictions, and the number of residences that would be legal non - conforming if the proposed regulations were adopted He also stated that many buildings would be structurally compromised and cost prohibitive if the set -back guidelines were followed Cary Gerber, resident, stated his objections to the proposed restrictions He felt that the guidelines were too restrictive and may become cost prohibitive He also stated that any two story building would restrict some privacy and sun Paul Kdlingsworth, resident, spoke in favor of the proposed regulations Juli Potter, resident, spoke in favor of the proposed regulations, and urged the Commission and Council to adopt stricter guidelines She also requested a moratorium be enacted on building in the R -1 Residential Zone until further restrictions were adopted Ms Potter submitted a letter for the official record addressing these issues along with health and quality of life issues with the R1 construction Liz Garnholz, resident, spoke in favor of the proposed regulations She also agreed with the moratorium requested by Ms Potter. Peggy Tyrell, resident, spoke in favor of the proposed regulations Anthony Hediack, resident, stated he supported the concept, but did not agree with the all the restrictions He further stated that design could be achieved without the proposed restrictions, and still maintain privacy and quality of life issues Mr Jurps stated that if a structure is legal and conforms to the building code and zoning code at the time of construction it may be replaced using those same guidelines, if destroyed by a natural disaster Direction to staff to continue with input from contractors, architects, engineers and brokers to better define the parameters for the guidelines Survey surrounding cities for examples of their restrictions Develop costs associated with the implementation of the proposed guidelines with regard to increased requirements Present examples of the impact on property values with and without adoption of the guidelines Present, along with the best case examples, the worst case examples of buildings for comparison ADJOURNMENT — 8 39 p m Cindy Mortesen, City Clerk 032 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 6, 2005 - 5 00 P.M 5 00 P M SESSION CALL TO ORDER — Mayor Pro Tem Gaines at 5 00 p m ROLL CALL Mayor McDowell - Present arrived at 5 02 p m Mayor Pro Tern Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the Postell/White Claim No 05 -42 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters City of El Segundo v. City of Los Angeles, et al , LASC No BS094279 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 Tom Kennedy v City of El Segundo, WCAB Case No AHM0114150 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -1- matter Purchase of Real Property (Parcel Nos 4138- 004 -016 (primary parcel), 4138 - 004 -008 and 4138- 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation/Thomas Properties MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 1 033 SPECIAL MATTERS — 0 matter Council recessed at 6 50 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 2 034 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 6, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p.m Mayor McDowell - Present Mayor Pro Tem Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present INVOCATION — Chaplain, Captain Bradley Kimble of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS — (a) Council Member Jacobson presented a Proclamation to Susan Jones, El Segundo Lions Club, inviting the residents of El Segundo to warmly welcome the members of the El Segundo Sunshine Lions Club as they judge the 2005 Lighting Up the Community program and proclaiming December, 2005 the month for Lighting Up the Community (b) Mayor Pro Tem Gaines presented a Proclamation to Julie Warner, Parade Chair, inviting the community to all the traditional El Segundo holiday events and proclaiming Sunday, December 11, 2005 as the 42nd Annual El Segundo Holiday Parade (c) Council Member Boulgarides presented a Proclamation to Kevin Mortesen, Chair, in keeping with an annual holiday tradition in El Segundo, to symbolically change the name of the 1200 block of Acacia to Candy Cane Lane, in order to create a snow- covered Christmas Village for the period of December 10, 2005 at 7 00 pm through December 23, 2005 (a) Council Member Busch presented a commendation to presented to George Lochinski, El Segundo Police Department's RSVP of the Year for his invaluable contributions to the Retired Senior Volunteer Program. ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 3 035 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Liz Garnholz, resident, spoke regarding the LAX briefing, and asked if Shute and Mihaley would be available for questions after the presentation. John McCarty, resident, spoke regarding the proposed LAX settlement agreement Juli Potter, resident, spoke regarding written communications from the R1 Special Joint Meeting Mike Stevens, Inglewood resident, spoke against negotiating with LAX to allow for runway expansion Linda Tarr, resident, requested the City notify the Metro System that Main Street would be closed on Sunday, December 11, 2005, for the Annual Holiday Parade Kitty Crowley, resident, spoke regarding item 8, Purchase and Sale Agreement with Thomas Properties for athletic fields and item 11, establishment of an ad hoc committee reviewing and commenting on the development of athletic fields on the Thomas Properties Peggy Tyrell, resident, spoke against going forward with the proposed LAX settlement agreement Mark Rener, resident, spoke regarding the Purchase and Sale Agreement with Thomas Properties for athletic fields Jeff Stewart, City Manager, stated that the MTA had been notified to re -route their bus lines on Sunday for the Holiday Parade A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS (i) Presentation of a summary of the City of El Segundo's potential settlement with the City of Los Angeles and Los Angeles World Airports regarding the Los Angeles International Airport (LAX) Master Plan litigation MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 4 .fli'� r Clem Schute and Olsa Wolff of Shute, Mihaly & Weinberger gave a presentation Council consensus to receive and file presentation Public Comment Allison Friedman, Jane Harmon's Office, congratulated Council and the Attorneys on the work they have done to produce this settlement Written Communication from Ruth Galenter, former LA City Council Member, was read by Mayor McDowell, stating her approval and compliments on the settlement Liz Garnholz, resident, spoke on the settlement agreement and the movement of the south runway, She stating there are no limitations on the distance the runway may be moved. She also spoke on the avigation easements Jan Cruickshank, resident, stated she did not agree with the settlement agreement and the trading the movement of the south runway for the RSI sound proofing funding Mike Steven, Inglewood resident, questioned the FAA requirement of moving the runway 55 feet when the width of a runway required is 200 feet and the existing runways are 150 feet Juli Potter, resident, spoke against the settlement agreement and stated she did not have confidence in LAX maintaining the agreement She did not feel the City should accept the settlement Cecil Carp, Inglewood resident, stated she felt there were no new guarantees offered with this settlement She also questioned the adoption procedure and requested an explanation of several of the "terms" used in the public handout Mark Rener, resident, spoke against the agreement and the representation of the firms and Counsel that negotiated the settlement Pat Smith, resident, spoke in favor of the agreement He also stated that he felt it was a good deal and thanked Council and the City for working on this agreement Gail Church, resident, congratulated Council, and spoke in favor of the agreement Clem Schute and Olsa Wolff of Shute, Mihaly & Weinberger responded to questions raised by the public Council comments followed C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 5 037 Consideration and possible action regarding a presentation by the Senior Citizen Housing Corporation Board of the 2006 Budget Carol Wingate and Paula Rotolo gave a report MOTION by Council Member Boulgardies, SECONDED by Council Member Busch to approve the 2006 Budget for Senior Citizen Housing Corporation Board MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2 Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "GCBs ") that will expire in the year 2006 MOTION by Council Member Boulgardes, SECONDED by Mayor ProTem Gaines to direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2006 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 3 Approved Warrant Numbers 2550589 to 2550910 on Register No. 4 in the total amount of $1,437,691 88 and Wire Transfers from 11/4/2005 through 11/23/2005 in the total amount of $2,008,698 55 Authorized staff to release Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 4 Approved City Council Meeting Minutes of November 15, 2005 and Special City Council Meeting Minutes of November 29, 2005 Second reading by title only and adoption of an Ordinance 1389 adding a new Chapter 27A in the El Segundo Municipal Code called Development Impact Fees (Fiscal Impact None) 6 Adopted plans and specifications for the installation of the Americans with Disabilities Act (ADA) compliant Automatic Doors at the south side of the City Hall (entrance outside City Council Chambers) and on the north entrance of the Police Department Project No PW 05 -13 CDGB Project No. 600803 -05 (Fiscal Impact None) Accepted the work as complete for the Replacement of Water Lines 2003 -2004, located at 600 -1000 block of East Mariposa Avenue, 600 -1000 block of East Maple Avenue, 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive Project No PW 04 -06 — Approved Capital Improvement Program (Final contract amount $491,808) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 6 )) 038 MOTION by Council Member Busch, SECONDED by Mayor ProTem Gaines to approve Consent Agenda Items 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MAYOR PRO TEM GAINES NOT PARTICIPATING IN ITEM 4 AS HE WAS ABSENT FROM THE MEETING COUNCIL MEMBERS BOULGARIDES AND JACOBSON NOT PARTICIPATING IN ITEM 7 DUE TO THE LOCATION OF THEIR RESIDENCES CALL ITEMS FROM CONSENT AGENDA F NEW BUSINESS 8. Consideration and possible action regarding entering into a Purchase and Sale Agreement, opening escrow with Thomas Properties Group (TPG) and selecting Tempkin, Inc as the appraiser, for the anticipated purchase of five acres of land located at the northeast corner of Mariposa Avenue and Nash Street (to be used for athletic fields) pursuant to the Development Agreement entered into between the City and TPG in January 2001 (Fiscal Impact $50,000 deposit into escrow, $16,500 for appraisal) City Attorney, Mark Hensley, gave a report. MOTION by Council Member Busch, SECONDED by Mayor ProTem Gaines to authorize the Mayor to execute the Purchase and Sale Agreement No 2976 D in the form approved by the City Attorney, Authorize the Mayor to execute Agreement No 3551 in a form approved by the City Attorney for appraisal services with Tempkin, Inc ; Authorize staff to open escrow with Thomas Properties Group and deposit $50,000 into the escrow account. MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM GAINES, COUNCIL MEMBERS BUSCH AND BOULGARIDES, NOES- COUNCIL MEMBER JACOBSON. 4/1 9 Consideration and possible action to receive and file the Mayor's appointment of an additional member of the City Council to the City's Disaster Council and grant consent to the Director of Emergency Services' (City Manager) appointments to the Disaster Council (Fiscal Impact None) MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to received and file the Mayor's appointment of Mayor Pro Tern John Gaines to the City's Disaster Council, Granted consent of the Director of Emergency Services' appointment of the Superintendent of the El Segundo Unified School District, the Assistant City Manager, Police Chief, Fire Chief, and Public Works Director to the City Disaster Council MOTION PASSED BY UNANIOUS VOICE VOTE 5/0 G REPORTS — CITY MANAGER — Announced the award received by the Information Technology Division H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK MINUTES OF THE REGULAR C17Y COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 7 n 0j9 10 Consideration and possible action requesting Council consensus to cancel the January 3, 2006 City Council Meeting MOTION by Council Member Busch, SECONDED by Council Member Boulgandes to approve the cancellation of the January 3, 2006 City Council Meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Announced the nomination period for the April 11, 2006 election REPORTS — CITY TREASURER - None K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Announced the public meeting on R -1 Zone guidelines Council Member Busch — 11 Consideration and possible action to establish an ad hoc committee for the purpose of reviewing and commenting on the plans to develop athletic fields on the five acres located at the northeast intersection of Nash Street and Mariposa Avenue that the City is negotiating to acquire from the Thomas Properties Group (Fiscal Impact None) Council consensus to establish an ad hoc committee to make recommendations with regard to the City's plans to develop athletic fields near the intersection of Nash Street and Mariposa Avenue and make the following appointments to the Committee Council Member Busch, Council Member Boulgarides, two members of the Recreation and Parks Commission, representative from AYSO, Club Soccer and TPG, the City Manager and the Recreation and Parks Director MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council Member Jacobson — None Mayor Pro Tern Gaines — Announced that Wednesday, December 14, a meeting of the Homeland Security Task Force will be held in the Communication Center Mayor McDowell — Announced the Christmas Tree lighting, Thursday, December 8, and the Holiday Parade, Sunday, December 11 Announced that John Gaines is receiving the Emergency Preparedness Award the Emergency Preparedness Commission 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 Cecil Carp, Inglewood resident, requested clarification of the formal adoption process for the LAX settlement agreement MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 8 040 Mark Rener, resident, questioned the vote on agenda Item number 8, the purchase of the athletic fields from Thomas Properties Jull Potter, resident, spoke regarding statements that she makes during Council meetings, and stated she verifies her statements through video taping Kitty Crowley, resident, requested clarification on who will use the new athletic fields Liz Garnholz, resident, spoke regarding the proposed settlement with LAX MEMORIALS — Gladys Knote, 105 year old resident Robert Smith, El Segundo Rotanan CLOSED SESSION - NONE ADJOURNMENT at 9 57 p m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING DECEMBER 6, 2005 PAGE NO 9 v41 EL SEGUNDO CITY COUNCIL MEETING DATE, December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a professional services agreement with MuniFinancial to provide a study to update the City's Development Impact Fees (Fire, Police, Library, with the addition of Park (Quimby) Fees) (Fiscal Impact. $38,500) RECOMMENDED COUNCIL ACTION* 1 Authorize the City Manager to sign a professional services agreement approved as to form by the City Attorney; and /or, 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Development Impact Fees are fees assessed on new development to mitigate the impact of such development on public infrastructure In this study, facilities for the City are considered fire stations, police station, library, and parks. Currently, the City assesses three different types of development fees Fire, Police, and Library These fees were created in the early to late 1980's and have not been studied or reviewed since that time The purpose of this study is to review the City's current and future facility needs and update the impact fees accordingly Also, staff proposes to create a new Parks Impact Fee that will address the needs of the City's parks (Continued on next page) ATTACHED SUPPORTING DOCUMENTS- 1 Scope of Services 2 Fee proposal FISCAL IMPACT' Operating Budget. Amount Requested. Account Number: Project Phase- Appropriation Required. N/A $38,500 001- 252 -0000 -1252 ($19,404) 001 -253- 0000 - 1253($4,119) 001- 254 - 0000 -1254 ($14,977) N/A X Yes _No ORIGINATED BY' DATE. Seimone Jurus. Dir cto f Plannina and Bu REVIEWED Jeff Manager DATE: / 0 4> STAFF REPORT July 19, 2005 BACKGROUND & DISCUSSION (cont): HISTORY of DEVELOPMENT IMPACT FEES Page 2 The City began Imposing Development Impact Fees In 1983 after a Fire /Life Safety Master Plan Study was developed This resulted in a Fire Impact Fee of $0 11 per square foot for new development that was later increased to $0 14 per square foot in 1988 In 1986 the Police Department began imposing a fee at a rate of $0 105 per square foot which was later increased to $0 11 per square foot Then, in 1987 the Library Department began imposing a fee of $0 03 per square foot, There is no City Council resolution on file for these fees Staff requested a proposal from MuniFinancial, which recently completed the City's Traffic Congestion Mitigation Fee Program update, to study the City's current Development Impact Fees and to include an impact fee for the City's parks facilities as allowed by the Quimby Fee Act The proposed Parks Impact Fee will apply towards funding potential new parks and /or playground equipment. QUIMBY FEE ACT Local governments in California provide a critical role in the effort to set aside parkland and open space for recreational purposes Cities and counties have been authorized since the passage of the 1975 Quimby Act (California Government Code §66477) to pass ordinances requiring that developers set aside land, donate conservation easements, or pay fees for park Improvements Revenues generated through the Quimby Act cannot be used for the operation and maintenance of park facilities Staff is recommending that MuniFinancial determine a fee, based on a detailed study that will be charged to new development based on a cost per square foot basis STUDY The study will calculate the fees to fund the cost of facilities required to accommodate growth MuniFinancial will apply the following four steps to determine the fees 1 Prepare growth projections, 2 Identify facility standards, 3 Determine the amount and cost of facilities required to accommodate new development based on facility standards and growth protects, 4 Calculate the public facilities fee by allocating the total cost of facilities per unit of development It is anticipated that the study will take five months to complete The fee for the service will be paid from monies In the impact fee program P \Planning & Building SafeyASlurlis \Staff Reports Part Wevelopment Impact FeeslSelection of Consultant for Development Impact Fee Study doc 043 SCOPE OR SERVICES We want to ensure that our scope of work is responsive to the City of El Segundo's needs and specific local circumstances We will work in concert with the City to adjust our scope of services as needed during the course of the study Below is our proposed scope of work described in detail by task We explain how we will accomplish each task and identify associated meetings and deliverables This scope of services includes preparing the documentation necessary to update the following four impact fees • Library a Police • Parks • Fire TASK 1 IDENTIFY AND RESOLVE POLICY ISSUES Ooeckve Identify and resolve policy issues raised by the study and determine appropriate facility and fee categories Descrotzon To initiate this task, we will review documentation related to adoption of development impact fees We will deliver information requests as appropriate We will explain policy issues to City staff and seek guidance prior to proceeding Policy issues include • Existence of ordinances, policies, and plans supporting the imposition of impact fees, • Land use categories for imposition of fees, • Allocation of cost burden to nonresidential land uses, • Types of facilities to be funded by each fee, • Method for determining facility standard, • Adequacy of existing studies and plans to identify needed facilities, • Potential alternative funding sources, if needed, • Funding existing deficiencies, if identified, and • Implementation concerns and strategies Meet ngr One (1) meeting to imuate the project, discuss data needs, and address policy issues Delzverables (1) Information requests, (2) revised project scope and schedule (if needed), (3) brief summary of policy decisions (if needed) EMuniFinancial Page 6 044 TASK 2: IDENTIFY EXISTINC3 DEVELOPMENT AND FUTURE GROWTH Objechve (1) ldentify estimates of existing levels of development, and (2) identify a projection of future growth consistent with current planning policy Dermpkon Existing levels of development provide a basis for calculating existing facility standards, the basis for most development impact fees Future growth to a defined planning horizon, such as 2025, provides a basis for calculating the amount of new facilities needed Existing estimates and projections should be expressed in terms of dwelling units, population, employment generators, and other criteria and measures of the service population for facility planning We will work with the City Planning Department to obtain planning horizon development numbers over which the costs will be apportioned We will evaluate projections from regional metropolitan planning agencies and other available sources We will obtain approval of the future development quantities from the department We will obtain approval of estimates of existing development and development projections from the City prior to proceeding These estimates and projections are essential inputs to the funding plan and fee calculation model constructed in the tasks that follow Consequently, changes to these estimates or projections by the City following approval could result in a change in this scope of services and increase in our professional fees Meetzngs None Deliverables Memorandum to City staff summarizing estimates of existing development and projections for new development TASK 3: CALCULATE FACILITY STANDARDS Note: We will conduct Tasks 3, 4 and 5 separately for each facility and fee type These tasks are conducted in an iterative approach because of the influence of facility standards, facility needs and alternative funding on each other, the funding plan, and the maximum justifiable impact fee Objeclive Determine standards to identify facilities required to accommodate growth Dercrzpiton Facility standards provide a critical link in documenting the nexus between growth, the facilities required to accommodate it, and a defensible impact fee We will use one of three standard approaches to deternurung facility standards (1) existing inventory, (2) system (existing plus planned facilities), or (3) planned facilities only We will identify the appropriate demand factor for each facility types included in this study Demand factors include, for example, service population, vehicle trip generation, or utility use Depending on the approach being taken to calculate facibry standards we may need lists of existing and /or planned facilities Alternately we may need documents that indicate city policy and facility planning assumptions regarding standards (master plans, specific plans, general plans, etc) SMunFnmcial Page 7 045 We will express facility standards as measures of demand by land use category These measures, such as "equivalent dwelling units" or "population and employment densities ", apportion facility costs to development projects and generate the fee schedule A range of reasonable and technically defensible approaches exists for this purpose We will select the appropriate approach for each facility standard based on • Available local data on facility demand by land use category, • Approaches used by other agencies, and • Support for other City policy objectives Meetings None Debverables None TASK 4: DETERMINE POTENTIAL FACILITY NEEDS AND COSTS Objedive Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any Descnpi:on The facility standards developed in Task 3 will also be integral to estimating facility needs If the "system" or "planned facilities only" approach is used to develop facility standards (see Task 3) we will need a list of specific planned facilities from existing facility master plans or other City documents If the "existing inventory" approach is used then we will only need an indication of the initial projects anticipated for the use of fee revenues A critical component of this task that we will complete will be to distinguish between the following (1) Facilities needed to serve growth (that can be funded by impact fees), and (2) Facilities needed to correct existing deficiencies for the existing service population (that cannot be funded by fees) To the extent possible we will use facility standards (Task 3) applied to planned projects to identify existing deficiencies This scope of work does not include additional engineering analysis if needed to identify deficiencies. If not already accomplished this work typically includes, for example, modeling of vehicle trips or utility demand We can amend our scope and budget to provide those services if needed To estimate costs for new faciliues, we will identify unit cost components such as design costs, land acquisition, and construction as appropriate We will develop planning -level estimates for each unit cost based on actual City experience, other local cost data such as land values, consultant team experience from prior projects, and industry cost indices Meetings None Debverabks None ZMuniFin& -6al Page 8 0 4ti TASK 5: IDENTIFY FUNDING AND FINANCING ALTERNATIVES Objective Determine the extent of alternative (non -fee) funding available for new facilities Description If impact fees are going to only partially fund a capital project, the Mitigation Fee Act requires that the agency report on the anticipated source and timing of the additional funding every five years There are two types of alternative funding sources that we will identify 1 Funding from non - impact fee sources to correct existing deficiencies, and 2 Funding from new development other than impact fees that must be credited against new development's impact fee contributions, possibly including taxes paid to finance facilities We will identify anticipated alternative funding based on information from agency staff, or note that funds are still to be identified In the case of the latter, we will note probable funding alternatives We expect that facilities would be funded predominantly on a pay -as- you -go basis If fees will contribute to funding debt service we will apportion financing costs to the fee program based on the appropriate share of total costs However, we do not expect the timing of fee revenues to affect financing costs so a cash flow analysis is not included in this scope of work Meetings None Debverables None TASK 6: PREPARE REPORT Objective Provide technically defensible fee report that comprehensively documents project assumptions, methodologies, and results Description Based on the results of prior tasks we will first prepare a package of draft report tables for City staff to review The tables will document each step of the analysis The tables will culminate in a schedule indicating the maxunum justified fee amount by land use category Following one round of comments from City staff on the quantitative analysis and fee schedule, we will prepare an administrative draft report Following one round of comments on the administrative draft we will prepare a public draft for presentation to interested parties, the public, and the City Council We will prepare a final report if necessary based on one round of comments received on the public draft report We will submit up to 10 bound copies of each report as requested by the City We can also post the report on our web site for access via the Internet If requested, we will provide legal counsel with copies of fee resolutions and ordinances used by other jurisdictions MMuniFnancial Page 9 0 4 "1 Meetings Two (2) meetings one (1) to review the initial project results and one (1) to present the report at a public hearing for adoption Deknerables Administrative draft report, public draft report, final report (if needed), and slide presentation (if needed) MEETINGS The Project Manager will attend meetings accompanied by the Principal -in- Charge, as needed We will work with City staff to set up meetings to keep the project on schedule Phone conferences are not considered meetings for the purposes of this scope Additional meetings may be requested for an additional fee based on our hourly billing rates REQUIRED AGENCY STAFF SUPPORT To complete our tasks on schedule, we will need the cooperation of agency staff We suggest that the City assign a key individual as project manager for the City We will expect the City's project manager to (1) help resolve policy issues, (2) coordinate responses to requests for information, and (3) coordinate review of work products To meet the schedule outlined below we will expect responses to policy issues and information requests within five business days If there are delays on the part of the City, we will need to adjust our project schedule accordingly We will keep the City's project manager informed of data or feedback we need to keep the project on schedule MuniFinancial will endeavor to mmirnize the impact on City staff in the completion of this project ENhm 1 Page 10 U48 FEE FOR SERVICES MuniFinanaal will complete the scope of services described in this proposal for a fixed price fee of $38,500. This fee includes direct expenses incurred during the course of work, including travel expenses and materials Additional assumptions are discussed below The City can fund the cost of the study with revenue from development impact fees Our proposed fee for services assumes the following • This fee includes the following four facility categories library, police, fire, and parks Additional analysis beyond these facility fee program categories may require a cost adjustment • We will not need to provide engineering expertise to update facility cost estimates • This fee includes a total of three (3) meetings or presentations Additional meetings may be requested for an additional fee We will invoice the City of El Segundo no more than monthly based on percent completion by task Invoices will include a description of services as well as a summary of costs to date by task MMuniFinancial Page 18 049 EL SEGUNDO CITY COUNCIL MEETING DATE: December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- New Business AGENDA DESCRIPTION Consideration and possible action regarding the expansion of the City's Residential Sound Insulation program and a proposal by the Planning and Budding Safety Department (PBS) to establish new job classifications for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator positions in support of the City's Residential Sound Insulation program These changes are contingent upon final approval of the proposed settlement agreement with Los Angeles World Airports (LAWA) (Fiscal Impact. Estimated impact $10 5 Million, funded by Federal Aviation Administration (FAA) and potential settlement DED COUNCIL ACTION* 1 Receive and file presentation on the expansion of the City's Residential Sound Insulation Program, 2 Approve the class specifications for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator, contingent upon approval of the proposed settlement agreement with LAWA, 3 Adopt a Resolution establishing the month salary ranges, 4 Introduction of an Ordinance amending El Segundo Municipal Code §§ 1-6-3,1-6-4, and 1 -6 -5 regarding city departments and department directors, 5 Adopt a Resolution amending the conflict of interest code, 6 Approve staff to reclassifythe current Senior Program Coordinatorto Residential Sound Insulation Manager and begin the recruitment process for the positions of Office Specialist II, Property Owner Coordinator, and two Construction Coordinator positions in support of the Residential Sound Insulation Program, and /or, 7 Alternatively, discuss and take other action related to this action BACKGROUND $ DISCUSSION- See attached pages ATTACHED SUPPORTING DOCUMENTS 1 Class Specifications for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator, 2 Resolution establishing monthly salary range, 3 Personnel Ordinance; and, 4 Conflict of Interest Resolution FISCAL IMPACT: Estimated impact $10 5 Million, funded by Federal Aviation Administration (FAA) and potential settlement agreement with LAWA Operating Budget: N/A Amount Requested. NIA Account Number. N/A Protect Phase: NIA Appropriation Required: Yes X No Seimone Jur is, Plannin and Building Safety Director REVIEWE DATE: Jeff City Manager 8 �J� BACKGROUND & DISCUSSION (cont) A proposed settlement agreement between Los Angeles World Airports (LAWA) and the City of El Segundo is expected to result in over $7 million annually contributed towards the City of El Segundo's Residential Sound Insulation (RSI) program This contribution along with an expected $3 million from the Federal Aviation Administration (FAA) will result in the treatment of 300 homes per year by the City's RSI program This is an increase of 200% from the City's current program of 100 homes per year To reach the 300 home per year goal, many changes are expected of the RSI Program to handle the increase of the number of homes The details of the settlement agreement have not been released, but some basic changes anticipated to the program are ➢ Giving priority to homes on the waiting list prior to December 1, 2005 (the date of the announcement of the potential settlement agreement) over homes for which application were received on or after December 1, 2005, ➢ Designing a Group of 25 -30 homes each month beginning January 2006, ➢ Increasing the contract amount and extending the agreement with the design team currently under contract with the City, The Jones Payne Group, Inc , ➢ Increasing the contract amount and extending the agreement with the construction monitor firm currently under contract with the City, Wyle Laboratories, Inc , ➢ Establishing the Residential Sound Insulation Program as a Division of the Planning and Building Safety Department, ➢ Relocate the RSI Program to the West Basement of City Hall, ➢ Fully utilize the demonstration house (located at 910 Hlllcrest Street) for the purpose of showcasing products and the effectiveness of improvements Perhaps the most import change necessary to enable the City to increase the pace of the RSI Program, is to hire additional staff in support of the program. Four additional staff members are needed to treat 300 homes per year In addition to reclassifying the Senior RSI Program Coordinator to Residential Sound Insulation Manager, the positions of Construction Coordinators (2), Property Owner Coordinator, and an Office Specialist II are needed. A summary the functions of the positions are Residential Sound Insulation Manager — This position is fully responsible for the RSI program, supervising and evaluating staff, selecting consultants, and managing contracts Construction Coordinators (two positions) — these positions will be responsible for monitoring City Contracts with Contractors while assuring quality control of products and installation 051 ♦ Property Owner Coordinator (one position)— this position will be responsible for assisting in the promotion of the RSI Program, answering questions about the program from Property Owners, and explaining the City contracts between owners and the City, amongst other duties as further described in the job description ♦ Office Specialist II (one position)— this position will be responsible for maintaining RSI Program files, answering telephones, photocopying, setting meetings, and paying invoices The Residential Sound Insulation Manager will be part of the City organization as reflected below v5� RESIDENTIAL SOUND INSULATION PROGRAM The following flow chart shows the typical process of the RSI Program Applicants on First Application Waiting List Priority Processed by (approx 300) RSI Staff New Applicants not on Design Team Waiting List takes measurements and develops construction documents for bid Construction Construction Complete Final approval from applicant and RSI Staff 'Bid Group Formed (approx 25 -30 homes per \ month) f Formal bid process Contractor selected 053 PERSONNEL ORDINANCE AND RESOLUTION Due to the addition of new fob classifications the City's personnel Ordinance and Conflict of Interest Resolution must be updated to conform to the newest staffing additions RECOMMENDATION Staff recommends that City Council approve the class specifications and begin the recruitment process, contingent upon a final approval of the proposed settlement agreement with LAWA, for Residential Sound Insulation Manager, Property Owner Coordinator, and Construction Coordinator positions 0511 City of El Segundo, CA Job Description RESIDENTIAL SOUND INSULATION MANAGER Definition: Under general supervision, provides professional management of internal and external staff, consultants, contractors, resources, functions and activities of the City's Residential Sound Insulation (RSI) Program Essential Functions- Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities- Positions in this classification typically perform a full range of duties at a level of complexity represented by the following types of responsibilities • Manages all functions related to the City's Residential Sound Insulation (RSI) Program including program structuring, planning, accounting, purchasing and related activities • Develops program goals and objectives and coordinates with City staff to accomplish established goals and objectives in accordance with federal, state and local laws, regulations, funding conditions and policies • Participates in budget development and preparation for federal and local grants • Monitors and analyzes budget related activities • Administers designated contract and grant- funded program activities Participates in the development of program, grant and /or contract goals and objectives • Supervises the RSI Program staff • Represents the City and /or a department and coordinates activities among City departments, agencies and organizations, and the community, serves as coordinator, facilitator and point of contact Monitors, coordinates and facilitates work of external consultants and contractors Manages and administers construction contracts, inspects and reviews project sites, construction schedules, change orders, and construction quality • Leads or participates in committee activities, represents the City and /or a department and coordinates activities among City departments, agencies and organizations, and the community • Conducts research and statistical analyses, prepares and presents reports of findings and recommendations • Attends, participates, and represents the City in airport related functions and activities • Provides administrative and management assistance to City executives, management, other City personnel and the public regarding administrative, fiscal or operational issues, and other policies and procedures v5J Characteristic Duties and Responsibilities (Continued): Responds to inquiries from other City employees and the public regarding the City's RSI program Provides public and media relations for programs and advisory committees, including developing and producing promotional and information materials Attends and participates in the Hyperion Citizen Forum Meets with Hyperion staff to address ongoing plant operation impacts to the community Meets with residents to address plant operation concerns Monitors, coordinates and facilitates work of external consultants Knowledge. Skills and Other Characteristics: • Knowledge of principles of municipal organization and administration • Knowledge of organization and functions of the assigned department • Knowledge of computer applications in administrative functions • Knowledge of related laws, ordinances and regulations • Knowledge of principles of research, statistical analysis and report preparation • Knowledge of construction management • Skill in performing complex professional administrative and analytical work • Skill in interpreting and applying laws, ordinances and policies • Skill in conducting research, analyzing statistical and other data, and preparing and presenting reports • Skill in providing information and explaining laws, policies and procedures to others • Skill in communicating effectively orally and in writing • Skill in establishing and maintaining effective working relationships with other City employees and the public • Skill in management and supervision Licensing /Certification Requirements: A valid California Driver's license is required Workina Conditions- Typical office environment and exposure to environmental conditions presented at community businesses, homes and other locations Qualifications: A Bachelors degree in Business Administration, Public Administration, Construction Management or a closely related field, and four (4) years of increasingly responsible program administration and /or management experience, or an equivalent combination of education and experience Prior experience in Residential Sound Insulation programs is highly desirable City of El Segundo, CA Job Description PROPERTY OWNER COORDINATOR Definition- Under general supervision, provides professional administrative and analytical support to the City's Residential Sound Insulation (RSI) Program Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities: Positions in this classification typically perform a full range of duties at a level of complexity represented by the following types of responsibilities • Provides professional -level staff support to the City's Residential Sound Insulation (RSI) Program, including coordinating and facilitating meetings with program participants and the public • Represents the RSI Program and City at meetings and commits the department to a course of action • Responds to inquiries from other City employees and the public regarding the RSI Program operations and /or policy and procedures • Provides public and media relations for the RSI Program including developing and producing promotional and information materials • Conducts research, compiles information and prepares reports, correspondence, policies, procedures, handbooks, manuals, and rules and regulations relating to department functions, staffing and /or operations • Assesses and evaluates departmental organization, budget, staffing and management practices, performs research and statistical analyses, conducts studies and surveys of organizations, administrative systems and operating policies and procedures, prepares and presents reports of findings and recommendations for action Knowledge, Skills and Other Characteristics• • Knowledge of principles of research, statistical analysis and report preparation • Knowledge of computer applications in administrative functions • Skill interpreting and applying laws, ordinances and policies • Skill conducting research, analyzing statistical and other data, and preparing and presenting reports • Skill providing information and explaining laws, contracts, policies and procedures to others • Skill communicating effectively orally and in writing (continued on reverse side) 12/05 057 Property Owner Coordinator Residential Sound Insulation Program Knowledge, Skills and Other Characteristics (Continued): • Skill establishing and maintaining effective working relationships with other department staff, other City employees and the public Working Conditions: Typical office environment and exposure to environmental conditions presented at community businesses, homes and other locations, including those utilized for public meetings Licensing /Certification Requirements: A valid California Driver License is required Minimum Qualifications: A Bachelors degree in Business Administration, Public Administration, or a related field, or an equivalent combination of education and experience 12/05 UJb City of El Segundo, CA CONSTRUCTION COORDINATOR Job Description Definition: Under general supervision, coordinates internal and external staff, consultants, contractors, resources, functions and activities of, and provides professional management and administrative support to the City's Residential Sound Insulation Program (RSI) Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities: Positions in this classification typically perform a full range of duties at a level of complexity represented by the following types of responsibilities • Coordinates and facilitates administrative and /or management functions including accounting, purchasing and related activities for the RSI Program Administers designated contract and grant- funded program activities Participates in the development of program, grant and /or contract goals and objectives • Participates in budget development and preparation for federal grants Monitors and analyzes budget related activities • Leads or participates in committee activities, represents the City and /or a department and coordinates activities among City departments, agencies and organizations, and the community, may serve as coordinator, facilitator and point of contact Monitors, coordinates and facilitates work of external consultants and contractors Manages and administers construction contracts inspects and reviews project sites, construction schedules, change orders, and construction quality • Conducts research and statistical analyses, prepares and presents reports of findings and recommendations • May provide administrative and management assistance to City executives, management, other City personnel and the public regarding administrative, fiscal or operational issues, and other policies and procedures • May provide professional -level staff support to City committees, boards and other groups, including coordinating meeting schedules and agendas, facilitating meetings, etc , represents the City at meetings and commits the department to a course of action, may coordinate and facilitate Citywide functions and events • Responds to inquiries from other City employees and the public regarding the City's RSI program Provides public and media relations for programs and advisory committees, including developing and producing promotional and information materials (continued on reverse side) 12/05 li J ;j Construction Coordinator Knowledge, Skills and Other Characteristics: • Knowledge of principles of municipal organization and administration • Knowledge of organization and functions of the assigned department • Knowledge of computer applications in administrative functions • Knowledge of related laws, ordinances and regulations • Knowledge of principles of research, statistical analysis and report preparation • Knowledge of construction management • Skill in performing complex professional administrative and analytical work • Skill in interpreting and applying laws, ordinances and policies • Skill in conducting research, analyzing statistical and other data, and preparing and presenting reports • Skill in providing information and explaining laws, policies and procedures to others • Skill in communicating effectively orally and in writing • Skill in establishing and maintaining effective working relationships with other City employees and the public Licensing /Certification Requirements• A valid California Driver's license is required Working Conditions: Typical office environment and exposure to environmental conditions presented at community businesses, homes and other locations Qualifications: A Bachelors degree in Construction Management or a closely related field, and four (4) years of increasingly responsible program administration and /or management experience, or an equivalent combination of education and experience 12/05 ij RESOLUTION NO. _ A RESOLUTION ESTABLISHING SALARY RANGES FOR THE NEW JOB CLASSIFICATIONS OF RESIDENTIAL SOUND INSULATION MANAGER, CONSTRUCTION COORDINATOR, AND PROPERTY OWNER COORDINATOR BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council approves the following basic monthly salary ranges for the new fob classifications of Residential Sound Insulation Manager, Construction Coordinator, and Property Owner Coordinator Residential Sound Insulation Manager STEP A STEP B Range 51s $6512 $6841 Construction Coordinator STEP A STEP B Range 38s $4724 $4963 Property Owner Coordinator STEP A STEP B Range 33s $4175 $4386 STEP C STEP D STEP E $7188 $7552 $7934 STEP C STEP D STEP E $5214 $5478 $5755 STEP C STEP D STEP E $4608 $4842 $5087 SECTION 2 The City Clerk will certify to the passage and adoption of this Resolution, will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted SECTION 3 This Resolution will remain effective until superseded by a subsequent resolution SECTION 4 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this 20th day of December , 2005 Kelly McDowell, Mayor 061 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney QI Karl H Berger, Assistant City Attorney vEi� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of December, 2005, and the same was so passed and adopted by the following vote NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 201h day of December, 2005 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6- 3, 1 -6-4, AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND DEPARTMENT DIRECTORS. The City Council of the city of El Segundo does ordain as follows- SECTION 1 The City Council finds as follows A The El Segundo Municipal Code ( "ESMC ") provides that the City Council may from time to time by Ordinance designate departments, appointive officers, or employees of the City, B It is in the best interest of the City to list all existing City departments in the Municipal Code and officers excluded from the Personnel Merit System, and SECTION 2 ESMC § 1 -6 -3 is amended in its entirety to read as follows "Sec 1 -6 -3. CITY DEPARTMENTS Effective February 16, 2006, the organization of city government consists of the following departments Administrative Services Department City Administration Fire Department Library Department Planning and Building Safety Police Department Public Works Department Recreation and Parks Department" SECTION 3 ESMC § 1 -6 -4 is amended in its entirety to read as follows "Sec 1 -6-4- EXCLUSIONS Those officers and members of departments in addition to department heads and elected officers who are expressly excluded from the merit system are Assistant City Manager City Attorney City Engineer Page 1 of 4 6-64 City Manager Construction Coordinator Property Owner Coordinator Street Superintendent Water and Sanitation Superintendent" SECTION 4 ESMC § 1 -6 -5 is amended in its entirety to read as follows "Sec 1 -6 -5 DEPARTMENT HEADS For the purpose of this chapter and for the purpose of initiative Ordinance 586 and for the purpose of ordinances expanding the coverage of initiative Ordinance 586, and not by way of limitation, effective February 16, 2006, the term "Department Head" includes City Manager Director of Administrative Services Director of Planning and Building Safety Director of Public Works Director of Recreation and Parks Chief of Police Fire Chief Library Director " SECTION 5 Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 6 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 7• 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 8• This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. Page 2 of 4 065 PASSED AND ADOPTED this _ day of 2006 Kelly McDowell, Mayor Page 3 of 4 066 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 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 2006, and the same was so passed and adopted by the following vote- AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 0 Karl H Berger, Assistant City Attorney Page 4 of 4 RESOLUTION NO. _ A RESOLUTION REPEALING RESOLUTION 4395 AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO IN ACCORD WITH THE POLITICAL REFORM ACT. The City Council of the city of El Segundo does resolve as follows SECTION 1: The City Council finds and declares as follows A The Political Reform Act ( "PRA ", Gov't Code § § 81000, et seq ) and regulations adopted pursuant to the PRA ( "FPPC Regs., 2 Cal Code of Regs § § 18700, et seq ) requires local government to adopt conflict of interest codes B Section 18730 of the FPPC Regs sets forth a standard conflict of interest code that may be adopted by local agencies C. On or about June 2004 City Clerk's Office conducted a review of the City's conflict of interest code in accord with Government Code § 87306 5 and recommended changes to the code which were adopted by Resolution 4395 on September 21, 2004 D To fulfill its obligations under the PRA and FPPC Regs, the City Council will repeal Resolution 4395 and adopt an amended conflict of interest code as set forth below SECTION 2: Pursuant to FPPC Regs § 18730, the City of El Segundo adopts a Conflict of Interest Code to read as follows "CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO A Incorporation of Standard Code Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq ) and regulations promulgated by the Fair Political Practices Commission (2 Cal Code of Regs §§ 18700, et seq ), the City is required to adopt a conflict of interest code The City of El Segundo incorporates by reference 2 Cal. Code of Regs § 18730, and its amendments, into this Conflict of Interest Code including, without limitation, the designation of officials and employees and the disclosure categories set forth below (collectively, "the Conflict of Interest Code ") B Filing of Statements Designated officials, officers and employees must file Statements of Economic Interest (Form 700) with the City Clerk or Deputy City Clerk After receiving Statements of Economic Interests from City Council members, the City Treasurer, Planning Commission members, City Attorney, and City Manager, the City Clerk or Deputy City Page 1 of 6 0 6 8 Clerk, must forward the original to the Fair Political Practices Commission and retain a copy for the City's files Under Government Code § 82011(c), the City Council is the code reviewing body with respect to the Conflict of Interest Code C Review Procedure Under Government Code § 87306 5, not later than July 1 of each even numbered year, the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict of Interest Code The City Clerk or Deputy City Clerk must submit an amended Conflict of Interest Code to the City Council if a change in the Conflict of Interest Code is necessitated by changed circumstance. If changes are not required, the City Clerk or Deputy City Clerk must submit a written statement to that effect to the City Council not later than October 1 of the same year D Designated Positions The following positions entail the making or participation in the making of decisions that may have a foreseeable material effect on the officials or officer's financial interests COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS Members of the City Council Members of the Planning Commission Members of the Recreation & Parks Commission Members of the Senior Housing Board Members of the Library Board of Trustees Members of the Investment Advisory Committee Members of the Capital Improvement Program Advisory Members of the Economic Development Advisory Council Members of the Community Cable Advisory Committee Members of the Aviation Safety and Noise Abatement Committee OFFICE OF THE CITY MANAGER City Manager Assistant City Manager OFFICE OF THE CITY ATTORNEY City Attorney Assistant City Attorney OFFICE OF THE CITY CLERK Page 2of6 069 City Clerk Deputy City Clerk OFFICE OF THE CITY TREASURER, City Treasurer Deputy City Treasurer PLANNING & BUILDING SAFETY DEPARTMENT Director of Planning & Building Safety Planning Manager Residential Sound Insulation Manager Property Owner Coordinator Construction Coordinator(s) Senior Planner Associate Planner Assistant Planner (s) Planning Technician Plan Check Engineer Plans Examiner Senior Building Inspector Building Inspector(s) mime] "M 6"LAI"b W01'al"IFLU Director of Public Works City Engineer General Services Manager Utilities Manager Water Supervisor Wastewater Supervisor ADMINISTRATIVE SERVICES DEPARTMENT Director of Administrative Services Assistant Director of Finance Accounting Manager Risk Manager/Purchasing Agent Business Services Manager Information Systems Manager Human Resources Manager LIBRARY DEPARTMENT Director of Library Services Page 3 of 6 0 '7 0 Senior Librarian (s) POLICE DEPARTMENT Police Chief Police Captain(s) FIRE DEPARTMENT Fire Chief Battalion Chief(s) RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Recreation Superintendent Parks Superintendent * Listed in the code for information purposes only These positions file under Government Code Section 87200 with the Fair Political Practices Commission CONSULTANTS All consultants except those included by the City Manager in accordance with the following procedure- The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this conflict of interest code E Disclosure Requirements Designated employees must disclose all interests as required by the Political Reform Act and regulations promulgated thereto When a new position classification is created by the Administrative Services Department for City Council approval, the Administrative Services Department will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee or Boards be included Page 4of6 �l "%1 as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to Me a Statement of Economic Interest " SECTION 3: Resolution No 4395 (adopted September 21, 2004) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution and thus repealed in their entirety SECTION 4: Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution'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 Resolution SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions SECTION 6: This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this 201h day of December, 2005 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney an Karl H Berger, Assistant City Attorney Page 5 of 6 Cr'7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 201h day of December, 2005 and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20th day of December 2005 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 6 of 6 EL SEGUNDO CITY COUNCIL MEETING DATE: December 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION- Consideration and possible action regarding approval of a contract with Rincon Consultants, Inc ( Rincon) to prepare an update of the City of El Segundo Local Coastal Program (LCP) and to prepare an Environmental Impact Report (EIR) for the Local Coastal Program and a General Plan Amendment, Zone Change, and a Zone Text Amendment to allow commercial uses on the property currently occupied by El Segundo Power (301 Vista Del Mar Boulevard) and a Zone Text Amendment to amend the time period for allowing legal nonconforming land uses from twelve to six months on certain land uses (Fiscal Impact $263,500 ) RECOMMENDED COUNCIL ACTION. 1 Authorize City Manager to execute a standard professional services contract with Rincon Consultants, Inc to prepare an amendment to the LCP and an EIR in an amount not to exceed $263,500, and /or, 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- On March 30, 2005, Planning and Budding Safety staff distributed a Request for Proposal (RFP) for the preparation of an update to the Local Coastal Program (LCP) and an EIR for a General Plan Amendment, Zone Change, and a Zone Text Amendment to allow commercial uses, including a hotel and retail, and recreational and visitor serving uses in certain zones adjacent to Vista Del Mar Boulevard within the City's jurisdiction On April 13, 2005 staff conducted a mandatory scoping meeting to discuss the project and the requirements for submitting proposals (Continued on next page) ATTACHED SUPPORTING DOCUMENTS. 1 Scope of Services 2 Fees FISCAL IMPACT. Operating Budget, $300,000 Amount Requested: $263,500 Account Number: 001 - 400 - 2402 -6214 Project Phase. N/A Appropriation Required, X Yes _ No '2 -1'/ -S Seimone Jur is, DI ctor of Planning and Building Safety REVIEWED Q j// / DATE. W Jeff Sit 86t, City Manager J r� STAFF REPORT Page 2 BACKGROUND & DISCUSSION: (cont.) Eight firms attended the scoping meeting and the City received three proposals by the April 25, 2005 deadline Based on the criteria contained in the RFP, staff Invited three qualified candidate firms to Interview on June 9, 2005 and June 15, 2005 These firms were Rincon Consultants, Inc , EIP, and Cotton /Bridges /Associates Planning and Building Safety staff had a follow up Interview with Rincon Consultants, Inc on October 7, 2005 to discuss Its proposal further Based on the Interviews with Rincon Consultants, Inc and the submitted proposals, staff recommends that the contract be awarded to Rincon Consultants, Inc as the firm most capable of carrying out the objectives of the project Staff also recommends the retention of Rincon Consultants, Inc based upon its understanding of the scope of the project and its proven ability to complete such projects in a timely manner The firm and the project managers who will lead the consultant team have experience working on Local Coastal Programs and EIR's for General Plan Amendments, Zone Changes and Text Amendments, and major development projects throughout Southern California Staff has worked with the firm before and Is confident of their ability to successfully complete the Local Coastal Program Update, General Plan and Zoning Amendments and the EIR in the time frame requested by staff Rincon Consultants, Inc has prepared a revised scope of work and budget as requested by staff to further refine the scope of work and to provide for optional community meetings and options for economic sub - consultants Staff recommends retaining the services of Rincon Consultants, Inc Including the sub - consultants Klmley -Horn and Associates for transportation and traffic analysis, The Natelson Company for market analysis, and RRM Design Group for design concepts, and Including budget for the optional two additional community workshops Additionally, the scope of work for the EIR will Include a Zone Text Amendment to amend the time period for allowing legal nonconforming land uses from twelve to six months on certain land uses This change will reduce the amount of time that legal nonconforming land uses remain and therefore It will foster a quicker transition to new conforming uses consistent with current development standards P \Planning and Building Safety\PROJECTS \LCP Update Power Plant Site\ RinconContractPowerPlantProtectCCRptl22005 doc 075 Proposal to Prepare Local Coastal Program Update and EIR more precise level of detail We believe this approach will facilitate the selection of a preferred alternative by City decision- makers and the processing of the LCP update through the Coastal Commission It will also provide a vision for the long -term development of the 33 -acre property in a way that zoning code language could not convey We would provide three alternative site plans that are consistent with the special zoning code and development standards that the City staff develops. One would be selected as the proposed project, and the others examined in the Alternatives section of the EIR Each site plan would be supplemented with two artist renderings from critical viewing locations. The work would be produced as poster boards and in document sizes, so that they could be presented in the Community Workshop and produced in the EIR 2.0 SCOPE OF WORK This section details Rincon s approach to tasks necessary to complete the LCP Amendment and EIR work tasks, including details relatrve to the research and evaluation techniques to be employed. Rincon proposes a scope of work designed to not only prepare the LCP Amendment and EIR, but one that anticipates the necessary advocacy work that will likely be required to ensure a successful outcome. 2.1 THE RINCON APPROACH Rmcon understands the need to effectively become an extension of City staff for this project. We will provide the City with regular progress reports on the work status, as well as the budget It is our practice to manage the LCP Amendment and CEQA process as a problem - solving tool. Through our teamwork approach, the City of El Segundo will have direct access to strong technical expertise, while the consultant team will have direct access to community issues and local political concerns Rmcon principals and senior staff involved in this project have served as technical experts in the planning and environmental mdustry and have been so recognized through professional awards The Principal -m- Charge holds a certificate in advanced project management from the American Management Association. Our reputation stems from the ongomg quality control procedures we have established as part of our practice. We participate in ongoing training and practice peer review of our project work. Regular internal consultant team meetings will be held to review major phases of the project We practice the following techniques to ensure quality and responsiveness • Direct and open communication with the City's Project Manager and staff to facilitate mutual understanding of assumptions and decisions made • An interactive planning process with ample opportunity for product review and approval by the City • Use of concise summaries and clear presentation of analysis results far decision- makers • Use ofgraphics and comparison tables, highlighting critical points Early and ongomg communication among the consulting team, City staff, and, as appropriate, the community, ensures that the planning process is well served. In our experience, this approach often leads to better project design through the development of community- sensitive mitigation measures and /or alternatives. City of El Segundo 0 Y G Proposal to Prepare Local Coastal Program Update and EIR Phase I. Local Coastal Program Amendment Implicit in the California Coastal Act are policies that establish a luerarchy of preferred land uses within the Coastal Zone Coastal dependent industry and major energy facilities, in particular, have priority over virtually all other uses at or near the coastline. As such, justification for an LCP amendment to accomplish the project objectives presupposes that (i) the subject property is better suited for uses of lesser or comparable priority; (ii) other important Coastal Act policies will be better served (e g, public access), and (in) higher priority uses can be accommodated elsewhere without jeopardizing regional interests Furthermore, a successful outcome largely hinges on removing any objection that the power plant owner /operator might have on a re- designation of land use. Based on these understandings, the following work scope is proposed: Task 1. Orientation. This task will encompass the formal initiation of the overall effort, and will therefore involve all key City staff personnel and key members of the consultant team. The meeting will serve to: • Review and confirm the project history and study objectives, • Establish an operational protocol; • Assemble baseline materials not already gathered, • Confirm project schedule and deliverable due dates, • Resolve details for scheduled tasks as necessary, and • Determine the details of the project description At the conclusion of this task we will identify data gaps that may need to be filled either as part of the CEQA documentation or as part of subsequent permit approvals Meetings: One kick -off meeting with staff at commencement of the project Optional Tasks Confer with California Energy Commission, Coastal Commission Staff on Energy & Otl/Gas Permitting Task 2. Policy Analysis. Within three weeks following the initial Orientation, Rmcon will undertake an in-depth review and analysis of relevant policy documents and regulatory parameters This task will compare the current adopted LCP with Coastal Act policies to identify issues relevant to the proposed amendment, as well as to assess overall adequacy of the adopted LCP. In addition, the General Plan will be reviewed to identify areas requiring amendment in order to achieve internal consistency with the LCP, as amended Finally, the Energy Commission Final Staff Assessment for the El Segundo Power Redevelopment Project (and companion documents, if any) will be reviewed to ascertain the property's status as a coastal dependent use and comparative priority under the Coastal Act The PUC and Energy Commission will also be consulted to determine, insofar as possible, operational records to substantiate or dispute the regional importance of the power plant (past, present and future) Meetings: One meeting with City staff to convey the results of Task 2 Optional Tasks: Assist with preparation of zoning ordinance language that implements project objectives Task 3. Document Preparation. Building upon the previous tasks, the Rincon team will provide draft LCP amendment language (with corresponding revisions to the General Plan to achieve City of El Segundo U'7 ; Proposal to Prepare Local Coastal Program Update and EIR internal consistency, if necessary), prepare a companion Zoning Ordinance amendment to implement the new LCP land use designation and associated policies, revise land use and zoning maps to conform, and develop draft findings in support of the LCP amendment. Draft LCP amendment documents consisting of LCP policy language, Zoning Ordinance amendment, General Plan text revisions and conforming map revisions will be submitted to City staff together with analysis demonstrating conformity with Chapter 6 of the Coastal Act and the process outlined in Section 13511 of the California Code of Regulations Based on staff input on the draft LCP documents, we will revise amendment documents to incorporate City staff comments, devise a public distribution list in consultation with City staff, and provide City staff with copies and reproducible onginals of LCP amendment documents as outlined in Section 4.0 below This will become the Public Review Draft. Meetings: Two meetings with City staff to present/review administrative draft and final LCP documents One meeting to advise Coastal Commission staff on impending LCP amendment to elicit feedback on administrative draft Four meetings/hearings with the Planning Commission and City Council Optional Tasks: Develop and implement public information campaign Task 4. LCP Submittal. In consultation with City staff, Rmcon will provide written response to comments received on the Public Review Draft and revise the LCP amendment documents as appropriate. Following adoption by the City Council, Rmcon will package the LCP documents for submittal to the California Coastal Commission. In accordance with Title 14, Section 13552 of the California Code of Regulations, the package will consist of the LCP amendment documents and implementing zoning regulations along with an explanatory transmittal letter articulating the projects consistency with the Coastal Act, describing the amendments relationship and consistency with other areas of the LCP, and summarizing public involvement in the local approval process Meetings: One meeting with City staff to finalize the LCP submittal Two meetings with Coastal Commission staff to clanfy /coordinate submittal. Optional Tasks: Project advocacy services before the Coastal Commission as described at the end of Section 10 above Phase II. CEQA Compliance Task 5. Project and Alternatives EIR Description. Based on the project application and other materials received during the kickoff meeting, and on file with the City for this project, and information developed as part of the tasks discussed above, Rmcon will prepare a detailed Project Description for review by key City staff. This review is critical, since it forms the basis for LCP Amendment request and the environmental evaluation under CEQA. The project description will describe the project entitlements requested and will detail the project proposal through textual, tabular, and grapluc presentation, as necessary, to facilitate a thorough understanding of the proposed zoning and development standards The project description will include: • discussion of project objectives, • thorough explanation ofensting land development patterns in the study area including quantification of current development levels, A detailed description of the proposed zoning district, including intended land use changes, text changes, and land use controls identified in the LCP Amendment, and specific land use controls, if available, City of El Segundo Proposal to Prepare Local Coastal Program Update and EIR Development standards that have been incorporated into the project to minimize potential environmental impacts (e g landscaping, sound walls, open space buffers, road improvements, infrastructure improvements, etc) or land use conflicts, Tables illustrating the degree of change from the current development pattern, including buildout potential, and Graphics illustrating regulatory conditions We anticipate that up to three alternatives will be examined in the EIR, including the CEQA - required "no project" scenario. As required under CEQA, the alternatives would focus on reducing the environmental impacts of the proposed project In addition, alternatives that accomplish the project objectives and reduce or eliminate coastal policy conflicts would also be examined Task 6. Notice of Preparation/Initial Study. Following preparation of the project description, Rincon will prepare the Notice of Preparation (NOP) for use by the City to distribute to the State Clearinghouse, all regional and local public agencies and other interested parties requesting such notification. The NOP will contain all of the required elements identified in the State CEQA Guidelines and will be accompanied by an Initial Study. As appropriate, the Initial Study will be used to narrow the scope of the EIR to those issues that have the potential for significant environmental effects or LCP policy conflicts Task 7. Early Consultation with Regulatory Agencies. Rincon team members will contact local, state, and federal regulatory authorities to discuss permits and mitigation that be required for the project. In addition to the agencies noted above, this task may include meetings with the California Coastal Commission, California Energy Commission, Los Angeles County Flood Control District, Los Angeles County Department of Beaches and Harbors, California Regional Water Quality Control Board, the California Department of Fish and Game, and others Early consultation with these agencies will help to ensure that any activities associated with permitting requirements will be consistent with the LCP Amendment and EIR analysis Task 8. Public Workshop /Scoping Meeting. Recent CEQA law (AB 1532, passed in 2001) requires that a scoping meeting be conducted for any project "of statewide, regional, or areawide significance " Given that the project involves preparation of an EIR for an LCP Amendment, it is considered to be of "regional, statewide, or areawide significance," per CEQA Guidelines Section 15206 and therefore, a scopmg meeting is required Given additional requirements in the Coastal Act for public involvement, we proposed to expand the required Scopmg Meeting into a Public Workshop on the LCP. This will enable the Rincon and City team to explain the purpose of the project and to solicit input. We may also gather input regarding the type of development to assume for both the project description and the alternatives We assume that the City will prepare and circulate the notice of the public scopmg meeting and publish the required notice in the local newspaper advertising the workshop/ meeting Pnor to the meeting, Rincon will prepare a formal presentation, display graphics, and meeting handouts to describe the LCP Amendment and the environmental review process. The purpose of the meeting will be to solicit public input on the contents of the EIR document and to outline how the process will be implemented, including identifying points for future public involvement Rincori s Principal -m -Charge and Project Manager will attend the meeting, make a presentation on the project and CEQA Process, and moderate the public discussion. City of El Segundo 01? 9 Proposal to Prepare Local Coastal Program Update and EIR Attendees at Public Workshop /Scopmg meeting will include • Rincon Consultants • Kmiley -Horn Associates RRM Design Group • The Natelson Company Task 9. Administrative Draft EIR. The EIR for the power plant LCP Amendment will be prepared in accordance with the State CEQA Guidelines Rmcon will adhere to the same standard of adequacy provided for EIRs in the Guidelines, which specifically state that An EIR should be prepared with a sufficient degree of analysts to provide decision- makers with information which enables them to make a decision which intelligently takes account of environmental consequences An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed to light of what is reasonably feasible The EIR will examine both the broader policy implications of the LCP amendment as well any identified project specific components that emerge during Phase I or during the public workshop/ scoping meeting. The overall intent of the EIR is to provide sufficient information that will allow for a thorough review of all of the discretionary actions that are currently pending. Summart/ The EIR will contain a summary of the proposed project and associated environmental consequences This information will be presented in tabular format to sunplify review by decision - makers and the general public This section will identify • Each potential environmental impact, • level of significance of each impact; • Mitigation measures required, and • Residual impacts after mitigation The summary will also note areas of known controversy and include a synopsis of the alternatives reviewed and their associated Impacts. Introduction and Environmental Settmq The EIR will provide introductory sections (required by CEQA) that lay the groundwork for and snrnmerize the substantive analysts to follow. The introduction will describe the purpose and legal authority of the study and provide a discussion of lead, responsible and trustee agencies. The environmental setting will provide a general description of the existing urban geographic character of the El Segundo coastal area and the Immediate site vicinity This section will also contain a discussion of the regional setting as it pertains to coastal resource management Issues (coastal dependent industry, affordable housing, air and water quality, water supply, wastewater treatment, landfill availability, etc.) and regional land use policies. The Environmental Setting will also contain the list of pending and approved projects within the El Segundo area. Since the LCP Amendment is by definition a Program, we have assumed that full buildout under the City's General Plan will form the basis for the cumulative Impact analysis, rather than a list method. City of EI Segundo�t VU� Proposal to Prepare Local Coastal Program Update and Environmental Analysts Each environmental issue addressed in the EIR will incorporate four sub - topics • Setting, • Impact analysis (significance thresholds, methodology, project impacts, cumulative impacts), • Mitigation measures and • Level of significance after mitigation. A substantial amount of baseline data already available will be incorporated into the EIR The setting will be based on several existing data sources, including the City General Plan, other technical reports prepared for the City, the existing Local Coastal Program and statewide policy updates, the El Segundo Power Redevelopment Project Final Staff Assessment /Environmental Assessment, and other planning and recent environmental documents. When appropriate, this information will be summarized and incorporated by reference Where possible, impacts will be quantified. If existing data does not allow definitive quantification, reasonable assumptions will be used to qualitatively forecast potential impacts. Cumulative impacts will also be discussed within this analysis. Mitigation measures may include a range of design measures and programs as proposed by the City staff and the consultant team Two principal types of mitigation will be exammed: measures addressing primary impacts, and measures addressing secondary effects of the proposed project. All mitigation measures will be presented in wording that can be directly applied to conditions of approval and will include monitoring requirements. The technical approach to analyzing each issue is described below in Technical Approach to Environmental Issues If the public review process leads to a determination that additional issues should be examined or that particular issues require a greater depth of analysis than proposed, an additional budget and a modified scope of work would be required Re- examination of the work program would occur once the public scoping process is completed and all responses to the NOP are reviewed. Withm two weeks of the close of the 30 -day NOP period we will meet with City staff to examine the comments received and the work scope described herein At that tune, we will determine whether the work program would need to be augmented to address any new or expanded issues that are identified. Alternatives This proposal assumes that up to three alternatives, including the "no project' alternative, will be identified and analyzed. For each alternative, the EIR will evaluate impacts in a qualitative manner to determine whether it would have greater, lesser or similar impacts to the proposed project. The results of this analysis will be presented graphically in matrix form and may include maps or diagrams, as needed, to illustrate the alternative concepts and then associated impacts Evaluation of alternatives will be in less detail than that for the proposed project, though the analysis will provide decision- makers and the public adequate information to provide for a reasonable comparison of the effects of the various alternatives examined Other CEOA- Required Sections The EIR will include all other sections required by the State CEQA Guidelmes, including growth - inducing impacts and a discussion of irreversible changes. The growth inducement section will identify elements of the project that may facilitate unplanned growth but will also discuss naturally occurring growth trends in the City and the project's consistency with regional and the citywide planning programs that are in place to manage these growth trends. 10 City of El Segundo 081 Proposal to Prepare Local Coastal Program Update and EIR City Review of the Administrative Draft We will provide 5 copies of a first Administrative Draft EIR for City staff review. Note that additional documents can be published, on request, for an additional charge. Upon submittal of the admmzstratwe documents, key consultant team members will meet with City staff to discuss any concerns, modifications, and input to the analysis and proposed mitigation measures Task 10. Publication of Draft EIR. This task involves the production, editorial work, and communication processes anticipated to publish the Draft EIR for circulation, public and agency review. Working closely with City staff, Rincon will file a Notice of Completion with the State Office of Plannmg and Research. Rincon will also circulate the Draft EIR to commenting agencies and interested groups or individuals and receive their written commentary. In addition, Rmcon will provide notice to all organizations and individuals who have expressed interest in receiving such notice The EIR circulation list will be developed in close coordination with City staff and will be r approved by the Community Development Director prior to distribution. We have assumed that Rmcon will prepare the notice but that the City will be responsible for publishing it in a local newspaper. We have budgeted publication of up to 82 copies of the Draft EIR for public circulation This includes 80 hard bound copies of the document, one reproducible copy of the Draft EIR and one copy of the DEIR on disk or CD -ROM. Per the City's request, we will make the Draft EIR available in an electronic format that can be posted on the City's web site Task 11. Final EIR. The final formal stages of the EIR and project review process involve responding to comments, public hearings, and final publication tasks. At this point, all of the discretionary permit applications and the EIR are brought together for final public governmental scrutiny leading to decisions regarding approval. Through this process, final changes and policy decisions concerning the project are made. Our work effort regarding this task is delineated below Response to Comments /Administrative FEIR. Within three weeks of the receipt of all public comments on the Draft EIR, Rincon will submit 10 copies of the Administrative Final EIR for City review, including responses to the comments on the Draft EIR. We will discuss and modify, as necessary, information in the EIR that requires such modification The Administrative Final EIR will include a stnkeduough /underhne version of the Draft EIR with changes that result form the public review process, comments and responses Mitigation Monitoring and Reporting Program This task will include the preparation of a draft mitigation monitoring and reporting program. The monitoring plan will be prepared in a format that complies with City requirements and the requirements of Public Resources Code 21081.6 The program will include a table that lists each mitigation measure, agency responsible for each condition, when monitoring must occur, the frequency of monitoring, and cntena to determine compliance with the condition The program will also include "post approval" monitoring and reporting provisions to evaluate the effectiveness of the mitigation measures Publzcatzon of the Final EIR Subsequent to City review of the Administrative FEIR, Rmcon will publish and distribute up to 32 copies of the Final EIR. This includes one reproducible master of the Final EIR as well as digital files in a PDF format Upon certification of the Final EIR and project approval (if approved), we will file a Notice of Determination with the County Clerk's office and State Clearinghouse 11 City of El Segundo 082 Proposal to Prepare Local Coastal Program Update and -EIR Task 12. Produce and Edit and Project Newsletter. Rmcon will coordinate and produce a newsletter designed to inform the El Segundo community and other interested parties about details of the project and the planning process. The newsletter will be produced in a four -color format, with four 8 -1/2" by 11" panels. Details of content, layout, and timing of publication will be developed with City staff. Rincon will produced 500 copies of each issue We assume that City staff will manage distribution. Task 13. Public Hearings/Staff Meetings. The hearing schedule will involve the follow the attendance schedule outlined below. Public Hearing Attendance Schedule Rincon's Project Manager and /or Principal -m- Charge will attend up to five combined public meetings or hearings on the project before the Planning Commission and City Council. Attendance will include oral presentations to the hearing body, supplemented with graphic presentations, if necessary. These hearings will be scheduled and selected at the City's discretion in accordance with the needs of the project Our budget assumes up to 10 Rincon Consultants working meetings with City staff and /or other regulatory agencies over the course of this project TECHNICAL APPROACH TO ENVIRONMENTAL ISSUES This section describes the suggested technical work scope for the John Laing Homes project. It involves a cooperative effort between the City and consulting team in the preparation. The final scope of work for environmental and land use issues to be examined during the environmental review process will be based on responses to the NOP and other input received during the EIR scoping process Given the scope of the project and the potential controversy normally associated with projects located in the Coastal Zone, we propose to address a wide range of issues identified on the City's initial study checklist in the EIR. These include the following: Aesthehcs Air Quality Biological Resources Geology and Soils Hydrology/Water Quality • Hazards and Hazardous Materials Land Use 12 City of El Segundo 08J Planning City Council City Council Coastal Additional Commission Hearing 1 Hearing 2 Commission Hearing - To Heann 1 Hearin 1 Be Scheduled Rincon X X X X X Consultants Kimley -Hom X X X X Associates RRM Design X X X Grou The Natelson X X X Coin an Rincon's Project Manager and /or Principal -m- Charge will attend up to five combined public meetings or hearings on the project before the Planning Commission and City Council. Attendance will include oral presentations to the hearing body, supplemented with graphic presentations, if necessary. These hearings will be scheduled and selected at the City's discretion in accordance with the needs of the project Our budget assumes up to 10 Rincon Consultants working meetings with City staff and /or other regulatory agencies over the course of this project TECHNICAL APPROACH TO ENVIRONMENTAL ISSUES This section describes the suggested technical work scope for the John Laing Homes project. It involves a cooperative effort between the City and consulting team in the preparation. The final scope of work for environmental and land use issues to be examined during the environmental review process will be based on responses to the NOP and other input received during the EIR scoping process Given the scope of the project and the potential controversy normally associated with projects located in the Coastal Zone, we propose to address a wide range of issues identified on the City's initial study checklist in the EIR. These include the following: Aesthehcs Air Quality Biological Resources Geology and Soils Hydrology/Water Quality • Hazards and Hazardous Materials Land Use 12 City of El Segundo 08J Proposal to Prepare Local Coastal Proaram Update and EIR Noise Population, Housing and Employment Public Services Recreation Transportahon/Traffic Utility and Service Systems Other issues included in the broader scope of the EIR include growth inducing impacts, cumulative impacts, and alternatives. The followmg describes our approach to the analysis of the environmental issue areas. Aesthetics. Preserving the visual character of the City is an important objective of the Coastal Act, and this goal is recognized in the City's LCP and General Plan. Given the site's location and the program characteristic of the LCP Amendment, we have not budgeted for the preparation of computerized photo sunulations of the project. However, our optional tasks include the development of architectural renderings of possible developments that would be consistent with the Phase I product This section of the EIR will draw from existing planning documents supplemented by onsite field reconnaissance and photodocumentation of site conditions and the site's visibility from various locations This section will also involve detailed review of the site plans to ensure that they are consistent with visual resource protection policies of the City. Specifically, the visual assessment will include the following • Photodocumentation of public viewing corridors affected by the proposed project, • Discussion of applicable visual policies identified in the City's LCP, General Plan, and Califorma Coastal Act, and the project's consistency with such policies, • Discussion of the LCP Amendment development standards and their consistency with the aesthetic character of the area, and • Identification of appropriate measures to mitigate visual impacts, including landscaping, lighting modifications, site planning, and structural features need to protect visual resources Air Quality. The project must comply with the Federal Clean Air Act, the California Clean Air Act and the regional Au Quality Management Plan (AQMP) adopted by the South Coast Au Quality Management District ( SCAQMD) and Southern California Association of Governments The AQMP contains measures to meet federal and state requirements. The au quality section will be prepared in accordance with the methodologies prescribed by the SCAQMD and as required in other locally adopted air quality planning documents. Since the LCP Amendment is a program -level project with no specific development plan anticipated, potential construction unpacts will be discussed in a general manner, with program -level mitigation approaches to minimize project - specific impacts Potential long -term emissions associated with the project would primarily be a result of increased traffic and /or increased vehicle miles traveled. Vehicle usage factors to be employed in the analysis will be coordinated with the traffic study The air quality analysis will include the following specific tasks- 13 City of El Segundo 084 Proposal to Prepare Local Coastal Program Update and EIR • Estimate of traffic - related air pollutant emissions associated with buildout under the adopted and proposed master plans, using URBEMJS2002 and taking into account standard City mitigation measures • Comparison of long -term emissions of both the adopted and proposed master plans to SCAQMD thresholds of significance • Screening analysis of potential carbon monoxide (CO) "hot spots" for any study area intersections projected to operate below level of service (LOS) D (note, it is not expected that any violations of state or federal CO standards will occur, in the unlikely event that a potential "hot spot" is identified, more detailed CALINE modeling will be performed) • Confirmation of the assumptions regarding air quality impacts associated with future construction activity and update of those assumptions /emission estimates as appropriate • Inventory and discussion of sensitive land uses in the project vicinity (e g residential uses in adjacent Manhattan Beach) and examination of project effects on such uses • Review of mitigation measures and revision/augmentation of the measures as appropriate Biological Resources. The project site is developed with a power plant use and does not appear to contain significant biological resources, except in the adjacent marine environment of the Santa Monica Bay. The Coastal Act places a high priority on protecting coastal resources including wetlands and other habitat areas. Therefore, both primary and secondary effects of the proposed project will need to be examined carefully in order to adhere to the requirements of CEQA but also to support the necessary findings required under the Coastal Act for an LCP amendment The impact analysis will evaluate the projects impacts relative to both state and federal requirements as well as locally recognized thresholds of significance. It will include analysis of both direct and indirect unpacts as well as temporary impacts that may occur during project construction Existing data sources will be used, such as the Natural Diversity Database, to identify potentially sensitive species. A Rincon biologist will perform a site reconnaissance of the project area to determine the general presence of threatened and/or endangered species, types of habitats and plant communities, and sensitive biological resources. We will also consult with the California Department of Fish and Game, the United States Fish and Wildlife Service, and other appropriate resource agencies and conservation organizations for information on the potential presence of specially designated species, species of local importance, and potential migration corridors present on or adjacent to the sites. The data will be reviewed to determine whether or not nearby sensitive biological resources could be either directly or indirectly impacted by buildout of the proposed project. Mitigation measures will be developed for all impacts identified. Mitigation measures will focus on measures that will be required to ensure that the proposed development and potential future developments adequately mitigate potential impacts to sensitive areas identified. Geology and Soils. This section will be based on existing literature sources including existing geological and soils reports that are representative of the project area. These technical reports will be reviewed by Rincori s Certified Engineering Geologist to evaluate the potential geologic hazards that may adversely affect the proposed LCP Amendment This review will also include a field reconnaissance to observe onsite geologic characteristics 14 City of El Segundo ��J Proposal to Prepare Local Coastal Program Update and EIR The Impact assessment will provide graphic representation of potential hazard areas and will identify specific mitigation requirements for each hazard identified. Specifically, this section will include the following: • Discussion of existing geologic conditions (e g, seismic capabilities, soils, subsurface structure, landforms, etc), • Identification ofpotential geologic hazards (e g, liquefaction, shrink - swell, erosion, etc) and seismic characteristics in the project area; • Mapping of geologic hazards from background analysis data sources; • Discussion of local groundwater characteristics, • Evaluation of the effect of geologic hazards on proposed project (e g, liquefaction, erosion, seismic, etc ), • Projection of possible impacts to groundwater sources as a result of lost recharge and increased pumping, • Measures to mitigate specific geologic hazards; and • Additional geologic and soils analysis that may be necessary to ensure adequate mitigation of geologic hazards. Hydrology/ Water Quality. This section will utilize existing information to examme the likely unpacts of the project on drainage patterns, existing flood control facilities and water quality. The hydrology section of the EIR will describe the drainage characteristics of the site and down gradient. Existing drainage, flooding, or erosion/ instability problems will be identified and described. This section will be especially important as the Coastal Act contains policies to ensure that coastal water resources are adequately protected. This assessment will be used to support the findings required to approve the LCP Amendment Potential increases in storm water volume and changes in surface runoff water quality will be examined. To the extent that they are known, this analysis will consider existing water quality conditions and the likely changes in the type and amount of runoff pollutants associated with site development Proposed runoff management practices and design features will be taken into account. Surface runoff water quality effects are anticipated to relate primarily to erosion and sedimentation; but other effects from parking lot runoff and site development will also be considered. Both temporary construction impacts and long -term impacts associated with project operation will be evaluated. Mitigation measures will be identified for hydrologic- surface runoff impacts determined to be significant or potentially significant under the proposed project Mitigation may include design/ management practices, drainage facility improvements, measures to comply with NPDES requirements, and implementation of water quality best management practices. The project will also be reviewed in the context of Regional Water Quality Control Board requirements, one of which will be the preparation of a Storm Water Pollution Prevention Plan (SWPPP) Physical mitigation measures will likely include the use of grease traps and sediment detention basins. Best Management Practices will be required, which may include the use of soil stabilizers and erosion control blankets during construction. Grading will be controlled by local ordinance, and possibly by additional mitigation measures 15 City of El Segundo 086 Proposal to Prepare Local Coastal Program Update and EIR Hazards and Hazardous Materials. This section of the EIR will be performed under the direction of Rincon s Registered Geologist/ Certified Hydrogeologist and will include an examination of potential hazards that may affect the proposed project. The primary hazards of concern are those associated with the potential for onsite contamination as a result of existing and possible past industrial uses on or adjacent to the project site Given the area's history as a power plant, it is likely that hazardous materials have been, or are currently being, used within the site boundaries. Along with this usage comes the potential for soil and ground water contamination associated with improper storage or disposal or accidental spillage. In addition, the site is adjacent to a gas station and is surrounded by Chevron property that included extensive petroleum facilities. Therefore, it is assumed that the property may be impacted by hazardous material use to some degree. The assessment of hazardous materials will be based on existing information sources that are available for the project area. These include any Phase I environmental site assessments (ESA) or other technical reports that may be available from the City, the current property owner, or other property owners in the study area. The assessment will also include exammation of files that are readily available from Los Angeles County Fire Department and the Regional Water Quality Control Board concerning past contammant spills and /or clean up activities. As part of the records review, we will investigate City or County records such as hazardous materials business plans and emergency response plans that contain summaries of hazardous materials that are used or have historically been used by industrial businesses within the study area. The assessment will also include a site reconnaissance to identify obvious hazards that are readily viewable from public areas This work scope does not include an audit of onsite facilities, but can be expanded, at the City's request, to include a more detailed examination of specific onsite uses This expanded work program could include preparation of a Phase I ESA in accordance with ASTM standards for commercial property transactions and could also include Phase H subsurface testing should recognized environmental conditions be identified (note the term recognized environmental conditions is defined in the AST'M standards) with property owner cooperation Based on this literature review, we will identify potential impacts that could result from project development If impacts are identified, mitigation measures will be developed to avoid or minimize project impacts. Mitigation measures may include programs for further examination and delineation of potential hazardous materials spills or site uses as well as performance standards that must be met in order to comply with existing environmental regulations and to avoid or miminize hazards to human health and safety Land Use Planning and Policy Consistency. This section of the EIR will describe potential physical and policy impacts associated with the proposed project. As an LCP Amendment, the EIR will examine the project's consistency with policies and programs outlined in the City's LCP that are distinct from the allowed use discussion. Additional analysis related to the City's General Plan and Zoning Ordinance will also be conducted, keeping in mind that the project is essentially a revision to current land use regulation pertammg to the site. The analysis will specifically focus on those policies that pertain to the site but will also address general policies related to coastal resource protection, protection of coastal dependent industry, natural resource protection, and economic development. The evaluation of physical impacts in these resource areas will be analyzed in other sections of the EIR Physical land use conflicts will also be evaluated in this section. In general, this discussion will augment related discussions in the Traffic and Circulation, Noise, Aesthetics, and Biological Resources M City of El Segundo ( A i Proposal to Prepare Local Coastal Prooram Update and EIR sections of the EIR. This section will examine the effects of the LCP Amendment at full buildout. A subjective comparison of visitor serving uses in the context of the 33 -acre site compared with the current power plant uses will be conducted. This section will focus on the project's consistency with applicable policies contained in the City's LCP and the overarching policies of the Cahforrua Coastal Act It will describe the proposed land use amendment as well as any text amendments. This section will examine the implications of the proposed changes on other coastal planning policies Mitigation measures will be developed, including design - onented solutions such as setbacks and buffers, as needed to comply with adopted LCP and General Plan Land Use Element policies. Noise. Noise impacts will occur during the site preparation, construction, operational, and land use transition phases of the project Given that the site is developed with power plant uses, full buildout would likely reduce the number of trucks accessing the site and will elmunate potentially significant onsite stationary noise sources associated with industrial equipment However, the anticipated the introduction of new visitor - serving uses adjacent to existing industrial development would create a new potential conflict. Long -term noise increases will be primarily related to increased traffic along the principal access routes. This section will include an inventory of noise - sensitive uses along the project access routes and establishment of current noise conditions along these routes. Where possible, information gathered as part of the City's Noise Element and the City's General Plan EIR will be used to evaluate noise impacts in these areas The noise section will examine the project's long -term effects at all sensitive land uses identified. These will include residential uses, schools, and other public or otherwise noise sensitive uses adjoining or along the access corridors. The noise impact evaluation will be based upon traffic volumes presented in the traffic report, which will be input into Rmcori s traffic noise model to forecast future noise levels along the local circulation network. The noise section will also examine point source noise generators or single event noise generation that may be associated with adjoining industrial facilities with the purpose of identifying if these uses would adversely affect the proposed residential development. Mitigation measures will be developed for all noise impacts identified. This may include modification to perimeter walls, design measures, setbacks, and other measures that may be effective at reducing both interior and exterior noise levels. The noise section of the EIR will adhere to the City of El Segundo Noise Element, which sets the noise level thresholds for vanous uses in the City. However, substantial increases in noise levels that do not exceed this threshold may be considered significant on a case -by -case basis, based on other locally recognized standards Mitigation requirements will be established and conditions of project approval will be provided, if necessary. Mitigation measures may include restrictions on construction equipment use, the construction of temporary sound barriers, recommendations for alternative transportation modes, and the use of sound - dampening paving matenals. Population and Housing. This section of the EIR will examine the project's effects on housing, population, and employment. For this analysis, we will use existing published literature, including demographic and housing information available from the City's Housing Element and other available 17 City of El Segundo 088 Proposal to Prepare Local Coastal Program Update and EIR sources This assessment will include population forecasts and historical trends in the City and surrounding areas This section will examine the proposed provision of affordable housing and the relationship to the currently available affordable housing stock. This information will also be used to support the LCP Amendment findings, where appropriate. Using available information, Rmcon will quantify the anticipated population generated by the project as well as secondary growth effects The section will assess the effect of the project on housing, population, and employment levels in the City. This will include an evaluation of the proposed housing types and mix of housing proposed This section will also examine the jobs /housing balance for the City and region. Public Services (Police, Fire). The proposed project would not be expected to generate additional population, nor extend the response areas for local law enforcement and fire protection agencies Therefore, since no new residences are contemplated, additional population would not be expected to affect local schools, libraries, and other resident -based governmental services. For these reasons, the EIR will hmit the evaluation to the potential impact on the provision police and fire services. The public services analysis will involve contact with local service providers and quantification of existing and projected services levels. This section will also establish the existing fire hazard and emergency service setting for the project area. Fire protection officials will be contacted to evaluate site design requirements, emergency response times, adequacy of emergency services, fire flow, road width/ grade, ingress/ egress requirements, and other issues that may have an adverse effect on fire protection capabilities. Where necessary, mitigation measures will be developed for all identified unpacts Law enforcement officials will similarly be contacted to identify any special requirements associated with expanding service in the area. Specifically, the analysis of potential impacts to public services will include. • Consultation with appropriate service organization authorities, • Review of existing information, • Evaluation and discussion of past and present status of police and fire protection services in the project area, • Quantification of project- related service demands and a comparison to identified thresholds of significance, • Identification and discussion of significant impacts to public services, or inadequate public services, that could result from the development of the project and anticipated cumulative development in the project are, and • Identification and discussion of feasible mitigation measures Recreation. The proposed change in land use from industrial to visitor - serving and visitor - serving recreational uses will likely represent a beneficial impact. Current service levels will be quantified using population and acreage figures that are readily available for various types of park and recreational uses The project's anticipated development of visitor -serving and recreational uses would be excepted to at least partially address demand for recreational services This will be calculated and compared to locally recognized recreation and parkland /population standards. Based on this review, the EIR will evaluate whether the project provides for adequate park and recreational opportunities to offset its demand The conclusions would be used to support findings for the LCP Amendment and for the EIR. 18 City of El Segundo 0 89 Proposal to Prepare Local Coastal Proaram Update and EIR Transportation and Circulation. The traffic and circulation section of the EIR will be prepared by Kmiley -Horn and Associates, Inc This section will address project traffic estimates and off -site traffic - related impacts of the proposed project during the morning and evening peak hours We propose to use the traffic model recently established for the Circulation Element update to conduct a project - specific Select Zone run. Based on the results of this run, we will develop estimates of project distribution throughout the study area and finalize the list of study intersections to be included in the report Trip distribution assumptions will take into account the regional nature of the visitor - serving components of the project, and the local nature of the local coastal and recreational components of the project. It is assumed that off -site traffic - related impacts will be evaluated at up to 20 study intersections in the vicinity of the project. A number of the study intersections will likely be located in adjacent cities, or will be Caltrans controlled We will work with these jurisdictions to ensure that their issues are addressed in the traffic study The Traffic Study will acknowledge and address the Los Angeles County Guidelines for Congestion Management Program (CMP) Transportation Impact Analysis For budgeting purposes, it is assumed that traffic observations and data collection will need to be conducted at all study intersections. If current traffic counts are available at any of the study intersections from the City, then the budget for traffic counts will be adjusted accordingly. If counts are conducted during the summer months when schools are not in session, then the counts will be adjusted accordingly. The following tasks are envisioned. • Obtain morning and evening peak hour traffic count data for the study intersections: • Develop project trip generation estimates for the proposed project, using the Institute of Transportation Engineers (PTE) Trip Generation Manual (7th Edition). The trip generation estimate will take into account any traffic currently generated by the existing site uses. The trip generation estimate will also take into account any appropriate credits for internal interaction between site uses, and pass -by traffic for the retail uses, as appropriate to reflect the roadway system serving the site. • Develop trip distribution assumptions for the project traffic, based on the select zone model runs, and likely origins and destinations of project residents and visitors, and current traffic patterns in the area • Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified • Project trip generation and trip distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to proceeding with the analysis phase of the study In conjunction with City staff, identify the final list of study intersections. • The following analysis scenarios will be evaluated in this study Existing Conditions Build -out Conditions without Project Build -out Conditions with Project City of El Segundo 19 OJ(I Proposal to Prepare Local Coastal Program Update and EIR • Up to 3 project alternatives will be analyzed, including a No Project Alternative, and 2 land use plan alternatives The evaluation of the 2 development alternatives will be limited to a comparative discussion of the trip making characteristics of each alternative compared to the Project. • Intersection analysis will be conducted using the City of El Segundo Intersection Capacity Utilization (ICU) methodology and the latest lane capacity and lost time assumptions recently adopted as part of the Circulation Element Update process. For CMP monitored intersections, the ICU methodology shall be consistent with the County of Los Angeles Congestion Management Program (CMP) guidelines As appropriate, we will work with other affected jurisdictions to address mtersectron operation in their jurisdictions in a manner acceptable to them. • Identify project impacts, and any mitigation measures, if necessary. If intersection mitigation is necessary to address project impacts, the future mtersectron improvements adopted in the Circulation Element Update will be assumed first. Intersections that require improvements beyond those identified in the Circulation Element will be addressed on a case - by -case basis • Prepare a stand -alone traffic impact study. The traffic study will summarize analysis methodology, findings, and recommendations. • Assist in the evaluation of issues related to public access to the coast. • Assist in preparation of responses to traffic - related comments (up to 10 hours) Utilities and Service Systems. This section of the EIR will examine the project's effects on local utilities and related service systems, including water, wastewater, and solid waste management systems managed by the City of El Segundo. This is an important analysis relative to the proposed project, as the LCP Amendment has a potential to thoroughly change the demands and requirements of infrastructure in this portion of the City Services of natural gas, electricity and telephone provided by private suppliers will also be examined. This section will examine both direct and indirect impacts from the project as well as those effects anticipated to result from cumulative buildout in the El Segundo service areas The EIR will provide an inventory of service facilities and their capacities based on existing information sources, including but not limited to the City's LCP and General Plan EIR. Where deficiencies presently exist, plans for facility expansion or service improvements will be discussed, including identification of the probable locations for infrastructure improvements as well as funding mechanisms and tuning. Generation and demand factors will be developed and verified through contact with affected service agencies The analysis will quantify existing and projected demands and compare these demands to the service capabilities Where service deficiencies are identified, mitigation programs will be developed to avoid or m,mmize potentially adverse impacts. The mfrastructure subsections will project the additional resources and facilities needed to maintain current levels of service under the provisions of the General Plan The individual subsections within the utility section will include the following: Water Service Discuss and map existing water supply system and storage faalities, City of Et Segun o 20 i� Proposal to Prepare Local Coastal Proqram Update and EIR • Identify service agencies /companies, jurisdictional boundaries and current service policies, • Review of planned system improvements, • Idmhfy water quality deficiencies in the City, • Develop water demand rates based on existing data sources as verified through local water purveyors, • Idenhfy potential future water sources, if new sources are required. • Calculate water demand for full buildout, • Evaluate potential impacts on current and possible future water storage and distribution systems, and • Develop mitigation measures that can be applied on an individual project basis Sewer Service • Inventory and map current sewer conveyance system, • Discuss current capacities of treatment fanlihes, transport lines and pump stations, • Review the constraints governing sewage treatment expansion, if any (e g water quality regulations), • Calculate sewage generation, based on accepted factors, for project buildout, • Idenhfy and evaluate potential new sewer connections and potential sewer alignments, • Identify potential impacts to existing sewer facilities and sewage treatment plant, • Identify sewage system improvements needed to serve potential new development, and • Identify mitigation necessary to avoid potential sewage disposal impacts Electricity, Natural Gas, and Telephone • Inventory existing energy supplies and quantify existing usage, • Identify service agencies /companies, junsdictional boundaries and current service policies, • Review planned system improvements, • Calculate energy demand upon buildout, and • Evaluate potential energy impacts and propose mitigation that may be applied to future individual projects Solid Waste/Recycling • Identify service areas, • Review current landfill capacity and projected future capacities, • Calculate potential service demand from accepted waste generation factors; • Identify potential impact on waste disposal service and landfill capabilities, • Discuss service alternatives that may be necessary to mitigate potential impacts, • Review City and Countywide solid waste management planning efforts to manage future solid waste disposal needs, • Identify solid waste recycling opportunities, • Discuss recycling efforts and future state requirements, and • Identify mitigation requirements for each impact City of El Segundo 21 092 Proposal to Prepare Local Coastal Program Update and EIR Other CEQA Issues. The EIR will also include other CEQA- required features, including a discussion of effects found to be less than significant, growth - inducing impacts, and an evaluation of cumulative impacts. These are discussed below. Impacts Found to be Less Than Significant. As indicated in the State CEQA Guidelines, an EIR must include a discussion of issues found to be less than significant The substantiation for determining that these issues would result in no impact, or a less- than- significant unpact, is described in further detail in § 15128 of the State CEQA Guidelines Growth Inducing Impacts Growth inducement potential is related to three factors: (1) population and employment growth, (2) the extension of urban infrastructure to the site, and (3) the development of urban uses in this area as a precedent - setting action. This discussion will expand upon that contained in the recent General Plan EIR that examined the growth implications of converting this part of the City from an industrial land use designation to a residential designation. This section will also use information from the population housing section to examine population growth trends as they relate to housing supply. Cumulative Impacts. The cumulative impact analysis will focus on each issue area addressed in the EIR. The cumulative scenario will be based on buildout information for the Port Hueneme planning area under the adopted General Plan, unless otherwise directed to address a cumulative projects list provided by the City Beneficial Effects This section would examine the beneficial effects of the proposed project Market Analysis. In order to test the potential feasibility of developing various land uses on the subject site, The Natelson Company, Inc. (TNCI) would complete a detailed market analysis to forecast future demand for the candidate uses. Consistent with the City's vision for the site, the market analysis would specifically address commercial and "accessory recreational" land uses, which would include the following types of facilities. • Hote0odging, • Retail, • Restaurant, and • Office Given the site's coastal location, the market study would focus on land uses that would maximize the site's unique appeal for visitor - onented development (consistent with Coastal Commission requirements regarding public access, etc.). Thus, it is TNCI's assumption that any office uses on the site would be developed in a mixed -use environment rather than being the primary use of the site. Moreover, the market study would explicitly recognize the potential synergies between the different land uses (e g, hotel development and /or office would create on -site demand for retail/ restaurant facilities, etc ) Unless otherwise directed by the client, TNCI's market study would have a 10 -year planning horizon (i e., through 2015). The analyses for each of the considered land uses would be summarized in a single report (with each land use addressed as a separate chapter). The report would not only be useful for defi-ning potential development alternatives and zoning for the site, but could potentially City of E! Segundo 22 0 y f Proposal to Prepare Local Coastal Program Update and EIR also be used as a marketing tool (i.e to attract developer interest based on the documented opportunities). Hotel Demand Analysis TNCI's analysis of potential demand for hotel facilities at the subject site would include the following steps • In consultation with the client, define the range of hotel types that would potentially be appropriate or desirable for the site • Define the relevant geographic market area for hotel facilities at the subject site, taking into account the site's coastal location and the locations of competing facilities in neighboring communities • Conduct survey of existing hotel/ motel operators in the market area to assess current market conditions and anticipated future trends. • Analyze detailed secondary data (from an industry- standard source such as Smith Travel Research or PKF) depicting the current hotel market in market area. • Compile forecasts of demographic variables that will affect near-term and longer -term demand for tounst- oriented commercial uses in El Segundo and the overall market area • Prepare forecast of demand for new hotel /conference uses in the market area and compare to the available supply of competitive sites for such uses. • Prepare summary narrative documenting the completed research and providing specific findings relative to the "suitability" of the subject site for hotel uses. RetaillRestaurant Demand Analysis. The retail/ restaurant demand analysis would involve the following steps: • Review any previous market analyses completed for the City of El Segundo or for developer / applicants. • Based on the above review and on TNCI's existing familiarity with the market area, define the geographic market areas from which retail facihttres on the subject site could be expected to draw market support, taking into account the site's unique status as a coastal property • Compile relevant demographic data for the overall market area and for appropriate sub -areas, focusing on key variables such as population, households, income levels, etc. • Compile relevant data quantifying the City's "non- resident" populations: • The large population of daytime employees based in the City, and • Area tourists (for the overall South Bay trade area) • Project future demographic trends corresponding with the planning horizon of the study (assumed to be 2015 unless otherwise directed by City Staff), with interun (i e, annuahzed) projections. • Project current and future purchasing power attributable to market area residents, daytime employees and visitors. • Compare "potential" purchasing power to actual sales volumes in the City (from taxable sales data) • Identify major existing and planned retail/ restaurant facilities that would complete with the subject site for future specialty demand. • Taking into account the inventory of competitive development (and development sites) in the overall trade area, estimate the shares of future demand that could potentially be captured by retail/ restaurant facilities at the subject site 23 City of El Segundo Proposal to Prepare Local Coastal Program Update and OR Express "bottom line" findings in terms of square feet of retail / restaurant space that could potentially be absorbed at the subject site over the planning horizon (in annualized increments), with the total numbers broken -down as appropriate by major retail category and facility type. Prepare summary narrative documenting the completed research and providing specific findings relative to the "suitability" of the subject site for retail/ restaurant uses. The report would define the specific types of retail tenants (and shopping center configurations) that would be appropriate for the site given its unique location and market onentation. Office Demand Analysis. The office demand analysis would involve the following steps: • Estimate existing inventory of office space in El Segundo and surrounding communities. • Estimate current vacancy levels based on published data and supplemental discussions with local developers and realtors • Project future absorption of office space in El Segundo and the market area, based on current utilization levels, historic trends and general economic parameters (i.e., anticipated population and employment growth in the market area). • Given available commercial land /zonmg in El Segundo and the inventory of competitive development, estimate the shares of future demand that could potentially be captured at the subject site • Express "bottom line findings in terms of square feet of new office space that could potentially be attracted to the subject site over the planning horizon (in annualized increments). • Prepare summary narrative documenting the completed research and providing specific findings relative to the "suitability' of the subject site for office uses Prepare Summary Reports. TNCI would compile the findings of the above tasks into a single summary report fully documenting the data, assumptions and methodology used to arrive at the presented findings. Spreadsheet tables and databases will be attached as appendices. i 3.0 PERSONNEL & QUALIFICATIONS Rmcon Consultants is a full- service environmental consulting firm that employs 45 professionals m three offices: Ventura, San Luis Obispo, and Carlsbad. Rmcon has managed EIRs on some of the most complex planning projects in southern and central California. Our firm includes certified urban planners, coastal planners, registered geologists, a certified engineering geologist, registered environmental assessors (REA I and II), a doctor of environmental engineering, a team of wildlife biologists and licensed wetland specialists, noise and air quality experts This breadth of expertise allows Rincon to analyze many of the issues relevant to nearly any project in-house Rmcon prides itself on providing semor -level commitment and management to all projects. We have selected a highly qualified team with outstanding credentials and experience to prepare the documentation. To augment our team, we have included Kirnley -Horn Associates to analyze the project's traffic and parking impacts. KHA is very familiar with El Segundo's circulation system, as they are currently completing the City's Circulation Element We have also included two optional tasks that, if desired i Per the City's request, we provide two alternative scopes covering the market analysis in the appendix of this proposal City of El Segundo 24 ()y5 Table 1. City of El Segundo Local Coastal Program Amendment and EIR - Revised October 2005 Kimley -Horn and Assoc (transportation) $38,900 Includes 2 PC, 1 CC, 1 Coastal Comm Rincon Consultants Pnoopal I Pnnrapal II Sr Analyst Analyst Gaph,= clenml Tasks Cost Hours $2,850 Admm, Draft EIR (100 copies, 2 CD ROMs) $145fm.r $135lnoar $95rnour $85rhour Minour $451nour Phase 1 LCP Amendment ioolies /Communications /Other $2.500 1 Onentation $4,465 35 10 21 4 2 Policy Analysis $7075 57 8 39 10 3 Document Preparation $15,625 139 10 75 18 36 4 LCP Submittal Phase II EIR 5 Protect and Alternatives Description $6,320 72 2 4 24 24 18 3 Notice of Preparation /Initial Study $5,130 54 8 4 10 24 4 4 Early Consultation with Regulatory Age,lae�s $3,360 24 12 12 3 Public Workshop /Scoping Meeting $7,980 84 12 12 1 1 36 24 See Table 2 for Detat/ ) Administrative Draft EIR $55,805 24 12 12 10 Publication of Draft EIR $2,160 See Table 2 for Detail 11 Final EIR $13,34011 36 4 8 8 8 8 12 Produce and Edit and Pro ject Newsletter $2,900 13 Hearings (PC, CC, Coastal Com 5 total) $11,200 60 40 40 3eweekly Meebnos with Staff (assume 10) $11200 80 40 40 Kimley -Horn and Assoc (transportation) $38,900 Includes 2 PC, 1 CC, 1 Coastal Comm Market Analysis (The Natelson Company) $35,708 Includes 2 PC and 1 CC mt s Design Concepts for Alts (FIRM Design Group) $25,588 Includes 1 scoom , 2 PC, and 1 CC mi mteng /Deliverables Assumes two Rmcon staff in attendance Admin, Draft LCP (85 copies, 2 CD ROMs) $2,850 Admm, Draft EIR (100 copies, 2 CD ROMs) $4,600 Final EIR $2,900 Newsletter (500 copies) $1,400 ioolies /Communications /Other $2.500 Total $261.006 O tional Tasks Market Analysis ERA • $27,198 Includes 2 PC and 1 CC meeting Market Analysis (Keyser Marston Associates)* $40,779 Includes 2 PC and 1 CC meeting Two Additional Community Workshops $2,4001 Assumes two Rmcon staff in attendance 096 EL SEGUNDO CITY COUNCIL MEETING DATE: DECEMBER 20, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- NEW BUSINESS AGENDA DESCRIPTION Consideration and possible action regarding the Introduction of an Ordinance adding a new Chapter to the El Segundo Municipal Code entitled 'Public Works Contracts" establishing revised bidding and accounting procedures for public works projects In accordance with the Uniform Public Construction Cost Accounting Act (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Introduce and waive first reading of an Ordinance adding a new Chapter to the El Segundo Municipal Code entitled 'Public Works Contracts" establishing revised bidding and accounting procedures for public works projects in accordance with the Uniform Public Construction Cost Accounting Act, 2) Alternatively, discuss and take other action related to these items BACKGROUND & DISCUSSION, As a general law City, the City of El Segundo is subject to the provisions of the California Public Contract Code (PCC) as it relates to public works projects Public works projects include efforts to construct, improve, repair or maintain publicly owned facilities Examples of public works projects are street repaving, sidewalk construction, structure painting, and sewer and water system work Routine maintenance efforts, such as pothole filling, minor painting, or landscape maintenance, are not considered a public works projects round and Discussion continued on next ATTACHED SUPPORTING DOCUMENTS. 1 Ordinance 2 List of California Uniform Construction Cost Accounting Commission Entities FISCAL IMPACT Operating Budget- Not applicable Amount Requested- Not applicable Account Number: Not applicable Project Phase. Not applicable Appropriation Required. No ORIGINA ED BY DATE Ste en J Finton, Director of Public Works DATE.'�I� f`} 10 A7 Existing Procedure Presently, public works contracts are governed by PCC Section 20160 et seq which imposes restrictive bidding requirements Under this section, any public works project with an estimated value exceeding $5,000 must be performed under a contract secured through a formal competitive bidding process The present formal bidding process and required City Council participation is as follows 1 Staff prepares formal plans and specifications 2 City Council approves the plans and specifications and authorizes staff to solicit formal bids 3 Staff advertises the project for construction bids for at least ten days. 4 Bids are received and opened by the City Clerk 5 City Council awards a public works contract to the lowest responsive and responsible bidder 6 After work is complete, City Council accepts the completed work and authorizes staff to file a notice of completion with the County Clerk. The $5,000 formal bid threshold was established decades ago and has not been adjusted for inflation It is presently proving very difficult to secure lower value contracts through the formal bidding process Contractors are unwilling to expend the funds, time and effort to complete the paperwork and provide the bonding required under the formal bid process The Public Works Department has solicited formal bids for lower value projects on several occasions and received few or no bids The City will continue to be subject to these restrictive bidding requirements unless Council elects to become subject to the provisions of the Uniform Public Construction Cost Accounting Act which would provide less restrictive bidding requirements and allow more flexibility on lower value public works projects Proposed New Procedure The Uniform Public Construction Cost Accounting Act ( UPCCAA) The Uniform Public Construction Cost Accounting Act ( UPCCAA) [PCC Section 22030 22045] was established to provide uniform construction cost accounting procedures and bidding thresholds that account for escalating construction costs overtime Agencies can utilize the bidding procedures of the UPCCAA provided they subscribe to uniform construction cost accounting policies developed by the CUCCAC The UPCCAA has been adopted by 121 cities statewide (see attached list) Existing CUCCAC agencies contacted by staff indicated that the UPCCAA procedures have improved their ability to secure lower value contracts (generally considered to be below $30,000) and that the required accounting procedures were not onerous It is recommended that the City of El Segundo adopt the UPCCAA guidelines to enable staff to secure competitive public works construction contracts. Recommended UPCCAA Bidding Procedure: Up to $30,000 Work in this range can be performed by City staff or through negotiated contract or purchase order Contracts in this range would be secured by informal quote ASS solicitation and negotiation. Typically, at least three quotes would be considered City Council Process: City Council would award contracts greater than $10,000 and would accept the completed project However, Council approval of plans and specifications would no longer be required On projects less than $10,000, staff would have authority to execute contracts, accept the completed project and issue the notice of completion. $30,000 to $125,000 Contracts in this range must be secured through 'Informal Bidding" The Informal Bidding process requires the establishment of a bidders list typically secured through an annual regional solicitation All contractors who respond to the solicitation would be placed on the bidders list. Contractors on the listwould receive notices to submit bids on projects estimated in this range. The bid notices issued by the City would describe the protect in general terms, how to obtain more detailed project information and the time and place for submission of bids City Council Process The City Council process for projects between $30,000 and $125,000 would conform to the following 1) City Council approves of plans and specifications and authorizes staff to solicit informal bids, 2) City Council awards the contract, and, 3) City Council accepts the completed project and authorizes issuance of the notice of completion Greater than $125,000 Contracts In this range must be secured through the formal bidding process as is currently practiced Formal bidding requires development of complete bid packages and formal advertising City Council Process The City Council process for projects over $125,000 would conform to the current formal bidding process as follows: 1) City Council approves of plans and specifications and authorizes staff to solicit formal bids, 2) City Council awards the contract, and, 3) City Council accepts the completed project and authorizes issuance of the notice of completion Construction cost accountina procedures Adoption of UPCCAA procedures will require that the City conform to the construction cost accounting procedures set forth in UPCCAA The procedures apply only to projects performed by City staff as permitted under UPCCAA if valued under $30,000. Virtually all public works projects in El Segundo are performed by contractors; therefore, the accounting requirements will have little impact If, in the future, the City elects to have City staff construct public works projects under $30,000, the UPCCAA accounting procedures must be observed cosy UPCCAA accounting procedures are similar to the procedures followed by staff today Current public works accounting procedure tracks labor, material and equipment costs Under the UPCCAA procedure, indirect and overhead costs must be tracked as well Ordinance The ordinance recommended for introduction will codify the provisions of the UPCCAA A recommendation to adopt the ordinance will be presented for Council consideration at a subsequent City Council meeting The resolution referenced in the recommended ordinance will accompany the ordinance when presented to Council for final adoption 100 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 7C TO TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "PUBLIC WORKS CONTRACTS." The city council of the city of El Segundo does ordain as follows SECTION 1 The City Council finds and determines as follows A By Resolution No , adopted , the City opted to become subject to the Uniform Construction Cost Accounting Act (Public Contract Code §§ 22000, et seq ), B The City Clerk will notify the California State Controller regarding the City's adoption of Resolution No C In order to take advantage of the informal bidding procedures set forth in the Act, Public Contract Code ( "PCC ") § 22034 requires that the City adopt an ordinance establishing bidding procedures for maintenance work as defined in PCC § 22032(d), D It is In the public Interest to adopt informal bidding procedures for projects involving routine, recurring, and ordinary work for preserving and protecting public property including, without limitation, minor painting, landscape maintenance, and other, similar, types of activities SECTION 2 A new Chapter 7C, entitled "Public Works Contracts' and consisting of §§ 1 -7C -1 to 1- 7C -10, is added to Title 1 of the El Segundo Municipal Code ( "ESMC ") to read as follows "Chapter 7C" PUBLIC WORKS CONTRACTS Sec. 1-7C-1: Purpose. Sec. 1-7C-2: Applicability. Sec. 1-7C-3: Definitions. Sec. 1 -7C-4: Soliciting Bids And Awarding Contracts. Sec. 1 -7C -5: Qualified Contractors. Page 1 of 5 [C \Documents and Settings \SFinton \Local Settings \Temporary Internet Files \OLKAWIt Bid Procedures - 12 -14- 051 doc] December 14, 2005 101 Sec. 1 -7C -6: Notice Inviting Bids. Sec. 1 -7C -7: Bid Security. Sec. 1 -7C-8: Bid Opening. Sec. 1-7C-9: Award. Sec. 1- 7C -10: Bonds And Insurance. Sec 1 -7C -1 Purpose This chapter Is adopted pursuant to the city's police powers and California Public Contract Code § 22034, and any succeeding or related statutes, for the purpose of implementing the informal bid procedures set forth in the Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000, et seq ) Sec 1 -7C -2 Applicability This chapter may be used for public projects with a value equal to or less than the amount set forth in Public Contract Code § 22032(b), and any successor statute or regulation, or, when applicable, as established pursuant to Public Contract Code § 22020 Sec 1 -7C -3 Definitions. Unless the contrary is stated or clearly appears from the context, the definitions in Public Contract Code § 22002 and set forth below will govern the construction of the words and phrases used In this chapter A "City Manager' means the city manager or designee, B "Public project" means "maintenance work" as defined in Public Contract Code § 22002(d) and other work that falls outside the definition of "public project" set forth in Public Contract Code § 22002(c) Sec 1 -7C -4 Soliciting Bids And Awarding Contracts. The city manager may solicit bids, award contracts up to $10,000, and execute contracts for public projects Contracts for public projects costing $10,000 or more must be awarded by the city council Page 2 of 5 [C \Documents and Settings \SFinton \Local Settings \Temporary Internet Files \OLKA\Ait Bid Procedures - 12 -14- 051 doc] December 14, 2005 102 Sec 1 -7C -5 Qualified Contractors. The public works department will maintain a list of qualified contractors, Identified according to categories of work Any licensed contractor requesting to have Its name placed on this list must be Included The list may be periodically revised to remove inactive names A name may be deemed Inactive If A Letters addressed to the contractor at Its last known address are returned without a forwarding address, B The contractor does not obtain plans for, or bid on, a public project for two years, C The contractor's license Is revoked or suspended by the California State Licensing Board, D The contractor removes Its name; or E For other good cause as determined by the city manager Sec 1 -7C -6 Notice Inviting Bids A. The notice Inviting bids must describe the project in general terms, Indicate how to obtain more detailed information regarding the project, and state the time and place for submitting bids B Unless the product or service Is proprietary, not less than ten (10) calendar days before the date set for opening bids, the city manager must notify contractors using one or both of the following methods 1 Mad notices to each contractor on the list for the category of work to be performed; 2 Mail notices to each of the construction trade journals specified in Public Contract Code § 22036. Sec 1 -7C -7 Bid Security A Bid Security is required for all bids on public projects when the public Page 3 of 5 [C \Documents and Settmgs \SFmton \Local Settings \Temporary Internet Files \OLKA\AIt Bid Procedures - 12 -14- 051 doc] December 14, 2005 101 works director estimates that the price will exceed $30,000 Bid security may be a bond issued by a licensed and duly qualified corporate surety, or the equivalent in cash, money order, cashier's check, certified check, unconditional letter of credit, or other form approved by the city attorney Nothing in this section prevents the city from requiring bid security on public projects less than $30,000 when the public works director believes such security Is needed to protect the city's interests B Bid security must equal at least ten percent (10 %) of the bid amount C. If the notice inviting bids requires a bid security, noncompliance or defective, inadequate, or incomplete security will render the bid nonresponsive. D Bid security will be forfeited or paid to the city should the bidder fail to execute a contract within the time specified in the notice Inviting bids Sec 1 -7C -8 Bid Opening The city clerk, or designee, will publicly open all bids in the presence of one or more witnesses at the time and place specified In the invitation for bids Late, misplaced, or unsealed bids cannot be considered If no bids are received, the city may proceed as set forth In Public Contract Code § 22038 Sec 1 -7C -9 Award A The contract may be awarded to the lowest responsible bidder If the city manager or city council considers the bid to be reasonable, sufficient funds are appropriated for the public project, and the bid Is within the limits specified by Public Contract Code § 22032(b) or, If applicable, Public Contract Code § 22020 B Should all qualified bids exceed the limits in Public Contract Code § 22032, the city council may, by adopting a resolution upon four -fifths vote, award the contract, provided the award Is expressly authorized by Public Contract Code § 22034(f) C. Nothing In this section restricts the city from taking any action set forth in Public Contract Code § 22038 Page 4 of 5 [C \Documents and Settings \SFinton \Local Settings \Temporary Internet Files \OLKA\Alt Bid Procedures - 12 -14- 051 docl December 14, 2005 104 Sec 1 -7C -10 Bonds And Insurance. Contractors awarded a contract under this chapter are required to provide sureties and Insurance In forms approved by the city attorney and conforming with the contract documents " 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 take effect on the 31st day following Its final passage and adoption PASSED AND ADOPTED this day of 2005 ATTEST. Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D. HENSLEY, City Attorney By Karl H Berger, Assistant City Attorney Kelly McDowell, Mayor Page 5 of 5 [C \Documents and Settings \SFinton \Local Settings \Temporary Internet Files \OLKAWIt Bid Procedures - 12 -14- 051 doc] December 14, 2005 105 CUCCAC ENTITIES as of 12/14/2005 COUNTY AGENCY TYPE OF AGENCY Alameda Alameda City Alameda Emeryville City Alameda Fremont City Alameda Pleasanton City Butte Gridley City Colusa Colusa City Contra Costa Antioch City Contra Costa Martinez City Contra Costa Pittsburg City Contra Costa Pleasant Hill City Contra Costa Town of Mora a City Del Norte Crescent City City Fresno Kerman City Humboldt Arcata City Humboldt Blue Lake City Imperial El Centro City Kern California City City Lassen Susanville City Los Angeles 113everly Hills City Los Angeles JBradbury City Los Angeles I City of Industry City Los Angeles IClaremont City Los Angeles I EI Monte City Los Angeles Hawthorne City Los Angeles La Verne City Los Angeles INorwalk City Los Angeles jPico, Rivera City Los Angeles ISanta Clarita City Los Angeles ISanta Fe Springs Cit Los Angeles ISouth El Monte city Los Angeles ISouth Gate City Los Angeles Walnut City Los Angeles JWest Hollywood City Mann Belvedere City Marro Corte Madera City Marro Larkspur City Mann Mill Valley City Mann Novato City Marro Ross City Mann Town of Tiburon City Mendocino Fort Braqq City Mendocino Ukiah City Mendocino Willits City Merced Los Banos City Monterey Greenfield City Napa Cahsto a City Na a Town of Yountville [City Orange I Brea Icity Orange I Fullerton Icity 12/14/2005 Page 1 of 3 CUCCAC ENTITIES 07 -14 -051 xlsf n CUCCAC ENTITIES as of 12/14/2005 Orange Irvine City Orange Laguna Hills City Orange Orange City Orange Rancho Santa Margarita City Orange San Clemente City Orange Tustin City Orange Yorba Linda City Placer jAuburn City Plumas Portola City Riverside Canyon Lake City Riverside Cathedral City City Riverside City of San Jacinto City Riverside Coachella City Riverside Corona City Riverside Hemet City Riverside Moreno Valley City Riverside Murneta City Riverside Palm Springs Cit Riverside Perris City Riverside Rancho Mirage City Riverside Temecula City Sacramento Galt City San Bernardino Chino Hills City San Bernardino Highland City San Bernardino Redlands City San Bernardino Twent nine Palms City San Bernardino Yucaipa City San Bernardino Yucca Valley City San Diego Imperial Beach City San Diego lVista City San Joaquin ISan Joaquin City San Luis Obispo Arroyo Grande City San Luis Obispo Atascadero City San Luis Obispo City of Morro Bay City San Luis Obispo El Paso de Robles City San Luis Obispo San Luis Obispo City San Mateo Brisbane City San Mateo Burlingame City San Mateo City of San Carlos City San Mateo Foster City City San Mateo Hillsborough City San Mateo South San Francisco City San Mateo Town of Woodside City Santa Barbara Buellton City Santa Barbara Carpinteria City Santa Barbara Goleta City Santa Barbara Lompoc City Santa Barbara Santa Maria City Santa Barbara Solvang City Santa Clara Campbell Ci Santa Clara Cupertino 2t Santa Clara Los Altos Hills [City 12/14/2005 Page 2 of 3 CUCCAC ENTITIES 07 -14 -051 As 4 7 J. CUCCAC ENTITIES as of 1211412005 Santa Clara Monte Sereno City Santa Clara Saratoga City Santa Cruz Scotts Valley City Santa Cruz Watsonville City Shasta Anderson City Shasta Redding City Solano Benicia City Solano Fairfield City Solano Suisun City City Solano Vacaville City Sonoma Cloverdale City Sonoma Rohnert Park City Starnsfaus Ceres City Stanislaus Hu hson City Stanislaus Patterson City Stanislaus Turlock City Sutter Yuba City City Tehama Corning City Tehama Tehama City Tulare Lindsay City Ventura Moorpark City Ventura Oxnard City Ventura Santa Paula City Ventura Sirrn Valley City Ventura Thousand Oaks City Yolo Davis City 12/14/2005 Page 3 of 3 CUCCAC ENTITIES 07 -14 -051 As lob EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: December 20, 2005 AGENDA HEADING- Reports — AGENDA DESCRIPTION: Consideration and possible action regarding the annual request of Mr S Claus for variances from the Municipal Code RECOMMENDED COUNCIL ACTION: Approve request by Mr S Claus for a waiver of the permits required for doing business within the City of El Segundo as follows, or, alternatively, discuss and take other action related to this item 1) Approval of a Conditional Use Permit and waiver of regulations in ESMC Section 15 -23 -4, 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure (FAA should be contacted), 3) Grant a free business license for a non - profit organization (ESMC 4 -1 -7), 4) Waiver of ESMC 8-4-11B (Driveway Permits Required) and ESMC 8 -5 -11 (Parking on Grades) 5) Waiver of the Noise Ordinance to permit the sound of bells (ESMC 7 -2 -3), and 6) Waiver of the Trespass Ordinance (ESMC 7 -6 -3) including 6 -2 -5 dealing with trespassing animals, 7) Waiver of the ordinance on Animal Regulations (ESMC 6 -2 -1), 8) Waiver of the Pooper - Scooper Regulations (ESMC 7 -1 -4) Additionally, Mr S Claus has been directed to the Coastal Commission for clearance over the ocean, D M V for a valid vehicle registration, Department of Health & Welfare to ensure his elves are receiving minimum wage, and the Air Quality Management District to ensure a safe and clear sleigh ride BACKGROUND & DISCUSSION: Were Mr S Claus required to obtain all of the necessary permits, he would not be able to start his business until after June 1, 2006 Since Mr Claus has shown good faith during previous business endeavors, and his business would be welcomed by the Community as a whole, Council should waive the fees and permits required ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT: Operating Budget: N/A Amount Requested: Account Number: Project Phase: Yes _ No ■J iUy