2006 JUN 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 length
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 20, 2006 - 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
Next Resolution # 4472
Next Ordinance # 1396
i, 01
PUBLIC COMMUNICATION - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250
SPECIAL ORDER OF BUSINESS -
1 Consideration and possible action to appoint the City Attorney as labor negotiator with regard to the terms and
conditions of the City Manager's employment contract
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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) - 3
matters
1 City of El Segundo v 2221 Park Place, LASC Case No BC319034
2 City of El Segundo v CTF2, Alaska, LASC Case No BC319033
3 City of El Segundo vs City of Los Angeles, et al LASC No BS094279
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) -0- matter
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - 0 matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -2- matters
1 Labor Negotiator Jeff Stewart, City Manager
Unrepresented Employees Management/Confidential Employees (include all City Employees who are not
members of bargaining units)
2 Labor Negotiator Mark Hensley, City Attorney
Unrepresented Employee Jeff Stewart, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter
SPECIAL MATTERS: Council will move to open session at approximately 6 30 p m
1 Interview of candidates and potential appointment to one position on the Recreation and Parks Commission will
be held in the West Conference Room, commencing at approximately 6 30 p m This meeting is open to the
public
2 002
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 Managers 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, JUNE 20, 2006 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Jim Anguiano of Saint Anthony Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes
Next Resolution # 4472
Next Ordinance # 1396
0UJ,
PRESENTATIONS —
(a) Recognition of Colonel Joseph M. Codispoti for his years of service to the community as the
Commander, 61$t Air Base Group, Department of the Los Angeles Air Force Base
(b) Proclamation commemorating July 23, 2006 as National Parents Day in El Segundo
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 pnor to
addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The
Council will respond to comments after Public Communications is closed
(a) Introduction and summary of new and continued projects in the City of El Segundo by West
Basin Municipal Water District A five - minute overview presentation by Richard Nagel,
General Manager, West Basin Municipal Water District
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 to conduct a Public Hearing and introduce an
Ordinance approving the issuance of a Petroleum Pipeline Franchise Agreement
to Chevron Pipeline Company for a period of ten years for a jet fuel pipeline
located generally in Virginia Street between Imperial Avenue and El Segundo
Boulevard. (Fiscal Impact: $3,000 — estimated annual franchise fee).
Recommendation (1) Open Public Hearing, (2) Discussion, (3) Introduction and first
reading of an Ordinance to approve the issuance of a Petroleum Pipeline Franchise
Agreement to Chevron Pipeline Company for a ten -year period, (4) Schedule second
reading and adoption of the Ordinance on July 18, 2006, (5) Alternatively, discuss and
take other action related to this item
4 u04
C. UNFINISHED BUSINESS
2. Consideration and possible action regarding adoption of a Resolution to declare
City -owned property located directly east of 150 and 160 South Sepulveda
Boulevard as surplus property and authorize the City Manager to commence the
process to sell the property in accordance to Government Code §54222.
(Appraisal Value - $360,000)
Recommendation (1) Approve Resolution declaring City -owned property located directly
east of 150 and 160 South Sepulveda Boulevard as surplus property, (2) Authorize the
City Manager to commence the process to sell the property, (3) Alternatively, discuss
and take other action related to this item
3. Consideration and possible action on a lease option agreement between the City
of El Segundo (City) and the El Segundo Unified School District (District)
regarding the operation of a swim complex proposed to be constructed by the
District at El Segundo High School, 640 Main Street.
Recommendation — (1) Authorize the Mayor to execute the Lease Option Agreement
between the City and El Segundo Unified School District, (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 announcement of the
appointment of a candidate to the one vacancy on the Recreation and Parks
Commission.
Recommendation — (1) Announce the appointee to the Recreation and Parks
Commission, if any, and term of office, (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 items) will be considered individually under the next heading of business
5 ()0J
5. Warrant Numbers 2553692 to 2553922 on Register No. 17 in the total amount of
$1,310,076.34 and Wire Transfers from 5126/2006 through 6/8/2006 in the total
amount of $931,227.11.
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
6. City Council Meeting Minutes of June 7, 2006.
Recommendation — Approval
7. Consideration and possible action regarding the award of contract to Damon
Construction for repair and maintenance of curbs, sidewalk and curb ramps
citywide - Project No. PW 06 -05. (Fiscal Impact: $92,386)
Recommendation (1) Award contract to the lowest responsible bidder, Damon
Construction, in the amount of $92,386; (2) Authorize the City Manager to execute the
contract on behalf of the City, (3) Alternatively, discuss and take other action related to
this item
8. Consideration and possible action regarding the approval of Contract Change
Orders in conjunction with construction of the Douglas Street Gap Closure
Recommendation (1) Authorize the Director of Public Works to execute Change Order
Nos 2, 3, 6 and 8 to the existing Public Works Agreement with SEMA Construction, Inc
in the total amount of $71,490 76, (2) Alternatively, discuss and take other action related
to this item
9. Consideration and possible action regarding award of contract to S &L Specialty
Contracting, Inc. for construction related to Group 9 (25 residences) and
Professional Building Contractors, Inc. for construction related to Group 10 (23
residences) of the Residential Sound Insulation Program. (Estimated construction
cost and retention - $2,075,610)
Recommendation (1) Award contract to S &L Specialty Contracting, Inc, (2) Award
contract to Professional Budding Contractors, Inc„ (3) Authorize the City Manager to
execute construction contracts in a form approved by the City Attorney, (4) Alternatively,
discuss and take other action related to this item
066
10. Consideration and possible action to accept the project for surface refurbishment
of seven (7) tennis courts and a basketball court at Recreation Park (339 Sheldon
Street). Approved Capital Improvement Project — Project No. PW 06 -02. (Final
Contract Amount: $31,960)
Recommendation (1) Accept the work as complete, (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and
other action related to this item
11. Consideration and possible action to accept the project for installation of
American with Disabilities Act (ADA) compliant Automatic Doors at the west
entrance to City Hall (outside City Council Chambers), and the main entrance of
the Police Department. Approved Capital Improvement Project — Project No. PW
05 -13, CDBG Project No. 600803 -05. (Final Contract Amount: $37,250).
Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take
other action related to this item
12. Consideration and possible action regarding the approval of the examination
plans and revised class specifications for the Personnel Merit System job
classifications of Battalion Chief and Fire Engineer.
Recommendation (1) Approve the Examination Plans for Battalion Chief and Fire
Engineer, (2) Delete current class specifications for Battalion Chief and Fire Engineer,
(3) Approve and add revised class specifications for Battalion Chief and Fire Engineer,
(4) Alternatively, discuss and take other action related to this item
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
13. Consideration and possible action regarding adoption of a Resolution authorizing
the City Manager to bid and award contracts for equipment and vehicles funded in
the FY 2005 -2006 Equipment Replacement Fund and approval to retire and surplus
identified equipment and vehicles. (Fiscal Impact: $873,538)
Recommendation (1) Adoption of Resolution, (2) Authorize Mayor to sign the
Resolution, (3) Authorize staff to surplus and sell equipment and vehicles identified in
Exhibit A, (4) Alternatively, discuss and take other action related to this item
7 007
14. Consideration and possible regarding a new Alcoholic Beverage Control (ABC)
license for a new retail establishment under construction at a new shopping
center (Plaza El Segundo) located at 720 South Sepulveda Boulevard, EA No. 706
and AUP No. 06-4. Applicant: Cost Plus, Inc. (Fiscal Impact: None)
Recommendation (1) Determine that the City Council does not protest the issuance of a
new Type 20 ABC license at 720 South Sepulveda Boulevard, (2) Alternatively, discuss
and take other action related to this item
15. Consideration and possible action regarding a new Alcoholic Beverage Control
(ABC) license for a new restaurant under construction at a new shopping center
(Plaza El Segundo) located at 2015 Park Place, EA No. 709 and AUP No. 06 -6.
Applicant. Salt Creek Grille El Segundo, LLC aka Salt Creek Grille. (Fiscal Impact:
Recommendation (1) Determine that the City Council does not protest the issuance of a
new Type 47 ABC license at 2015 Park Place, (2) Alternatively, discuss and take other
action related to this item
G. REPORTS — CITY MANAGER — NONE
H. REPORTS — CITY ATTORNEY — NONE
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher -
Council Member Jacobson —
Council Member Boulgarides —
Mayor Pro Tern Busch -
008
Mayor McDowell —
16. Consideration and possible action to appoint a member of the City Council as the
City of El Segundo's representative on the Southern California Cities Joint Powers
Consortium.
Recommendation (1) Appoint a member of the City Council to serve as the City's
representative on the Southern California Cities Joint Powers Consortium, (2)
Alternatively, discuss and take other action related to this item
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The
Council will respond to comments after Public Communications is closed
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or
conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under
Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE 14
119
TIME 0�, :. 14A ''
NAME
G, U 1j,
PRESENTATIONS —
(a) Recognition of Colonel Joseph M Codispoti for his years of service to the
community as the Commander, 61St Air Base Group, Department of the Los
Angeles Air Force Base
("i0
roc[amation
Cttp of el &gplbo, Cattfornia
WHEREAS, In every culture and time period, the family has stood as the most fundamental human
institution, the starting point of life, the sustamer of well- being, and the school of love
WHEREAS, Commitment to family has always been a core value, however, what was often held as
common value, recognized as common sense, even understood as self - evident in the past,
is sometimes not so today
WHEREAS, As our nation struggles with effects of family breakdown, youth violence and a host of
other critical problems, more and more voices are calling for a re- examination of our
priorities and fundamental values
WHEREAS, In 1994, President Bill Clinton signed into law the resolution adopted by the U S
Congress establishing the fourth Sunday of every July as Parents' Day, a perennial day of
commemoration similar to Mother's Day and Father's Day in order to recognize, uplift
and support the role of parents in the rearing of children.
WHEREAS, The establishment of Parents' Day was the result of a bipartisan, multiracial and
interfaith coalition of religious civic and elected leaders who recognized the need to
promote responsible parenting in our society and to uplift ideal parental role models.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, do hereby proclaim July 23, 2006 as Parents' Day in El Segundo, and encourage our citizens
to recognize the importance of responsible parenting in creating a healthy society
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: June 20, 2006
AGENDA HEADING: Soecial Orders of Business
Consideration and possible action to conduct a public hearing and introduce an ordinance
approving the issuance of a petroleum Pipeline Franchise Agreement to Chevron Pipeline
Company for a period of ten (10) years for a het fuel pipeline located generally in Virginia Street
between Imperial Avenue and El Segundo Boulevard (Fiscal Impact = $3,000, estimated
annual franchise fee)
RECOMMENDED COUNCIL ACTION-
Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduction and first reading
of an Ordinance to approve the issuance of a petroleum Pipeline Franchise Agreement to
Chevron Pipeline Company for a ten -year period, (4) Schedule second reading and adoption
of the Ordinance on July 18, 2006, and (5) Alternatively discuss and take other action related
to this item
BACKGROUND & DISCUSSION.
On January 16, 1996, the City of El Segundo entered into a non - exclusive Oil Pipeline
Franchise Agreement ( "Pipeline Franchise ", Ordinance No 1246) with Chevron Pipeline
Company ( "Chevron ") for a ten -year period ending on May 12, 2005 to operate and maintain a
pipeline system consisting of a single line of pipe twelve (12) inches in internal diameter for
the purpose of transporting petroleum products in, under, along, and across public streets in
the City of El Segundo as shown on the attached map A copy of Ordinance 1246 is available
for review in the City Clerk's Office,
(Please see "Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS:
Map
Franchise Ordinance
Application from Chevron Pipeline Company
Resolution No 4465 (Resolution of Intent to hold a public hearing)
FISCAL IMPACT:
Operating Budget:
NA
Amount Requested:
NA
Account Number:
NA
Project Phase:
NA
Appropriation Required:
No
ORIGINA ED BY: DATE /�
// 0
Ste Finton, erector of Public Works
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012 1
BACKGROUND & DISCUSSION: (continued
The Pipeline Franchise has been maintained by Chevron in a holdover status by annually
submitting payment of franchise fees calculated pursuant to the terms of the franchise
agreement
On November 8, 2005, the City of EI Segundo received a letter of application from Chevron
requesting that the City grant a new franchise agreement for ten (10) years, for the same
pipelines
On May 16, 2006, City Council adopted resolution No 4465 declaring its intent to conduct a
public hearing to consider all oral and written testimony regarding the Pipeline Franchise On
May 25 and June 1, 2006, the City Clerk published notification as required by the Public
Utilities Code
Franchise fees paid to the City underthis Franchise Ordinance are regulated by the California
Public Utilities Code This fee is based on the length and diameter of pipes covered under the
Franchise and as adjusted for inflation from year to year The estimated annual franchise fee
will be $3,000 per year.
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014
ORDINANCE NO.
AN ORDINANCE GRANTING TO CHEVRON USA, INC. AN OIL
PIPELINE FRANCHISE WITHIN THE CITY OF EL SEGUNDO.
The city council of the city of El Segundo does ordain as follows,
SECTION 1 The City Council finds and determines as follows.
A The city of El Segundo ( "City ") received an application from Chevron
U.S A. Inc. ( "Chevron ") for a franchise to lay and use pipes and
appurtenances for transmitting and distributing oil or products thereof (as
defined below), for any and all purposes in, under, along, across or upon
the public streets, ways, alleys and places within the city of El Segundo.
B Chevron had a 10 -year oil pipeline franchise agreement with the City
which expired on May 12, 2005, but which franchise agreement Chevron
maintained in a holdover status by annually submitting payment of
franchise fees calculated pursuant to the terms of such franchise
agreement and the City's acceptance thereof Chevron seeks to be
granted by the City a new franchise agreement for ten (10) years, for the
same pipelines.
C In accordance with state law, the City Council, at a regular meeting held
on May 16, 2006 declared its intention to grant said franchise agreement
to Chevron by adopting Resolution No 4465.
D The City Council also conducted a duly noticed public hearing on June 20,
2006, and after considering all oral and written testimony at said hearing,
approved the granting of this franchise agreement to Chevron in
accordance with the terms and conditions of this Ordinance
SECTION 2. Definitions Unless the contrary is stated or clearly appears from the
context, the following definitions will govern the construction of the words and phrases
used in this chapter
A "City" or "Grantor" means the city of El Segundo, a general law city and
municipal corporation of the State of California, in its present incorporated
form or in any later reorganized, consolidated, enlarged or reincorporated
form
B. "Director' means the Director of Public Works of the City
C "Engineer" means the City Engineer of the City, or designee
015
D. "Facilities" means 'Pipes and Appurtenances" as defined below.
E "Franchise" means this Ordinance, including its terms and conditions, and
includes the authorization by the City to transmit and distribute oil or
petroleum products for any and all purposes under, along, across or upon
the public streets, ways, alleys and places in the City by means of pipes
and appurtenances
F. "Grantee" means Chevron U S A Inc a Pennsylvania corporation and its
lawful successors or assigns
G "Hazardous Materials" means any flammable, explosive, or radioactive
materials or hazardous, toxic or dangerous wastes, substances or related
materials or any other chemicals, materials or substances, exposure to
which is prohibited, limited or regulated by any federal, state, local law or
regulation or which, even if not so regulated, may or could pose a hazard
to public health and safety, including, without limitation, asbestos, PCBs,
petroleum products and byproducts, substances defined or listed as
"hazardous substances" or "toxic substances" or similarly identified in,
pursuant to, or for purposes of, the California Solid Waste Management,
Resource Recovery and Recycling Act (Gov't Code §§ 66700 et seq.), the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U S.0 §§ 9601 et seq ), the Hazardous Materials Transportation
Act (49 U S.C. §§ 1801 et seq ), the Resource Conservation and
Recovery Act (42 U S C §§ 6901 et seq ), California Health & Safety
Code §§ 25117 or 25316, including the regulations promulgated thereto
(see 22 Cal Code of Regs § 66261 3), any substances or mixture
regulated under the Toxic Substance Control Act of 1976 (15 U.S.0 §§
2601 et seq.); any "toxic pollutant" under the Clean Water Act (33 U.S C
§§ 1251 et seq.), and any hazardous air pollutant under the Clean Air Act
(42 U S C. §§ 7901 et seq.)
H "Lay and use" means to lay, construct, erect, install, operate, maintain,
use, repair, replace, or remove.
"Oil or petroleum products" means oil, gas, gasoline, petroleum, wet gas,
hydrocarbon substances, nitrogen and other industrial gases, water, waste
water, mud, steam and other liquid substances not more hazardous than
the aforesaid substances
"Pipes and appurtenances" means pipes, pipelines, manholes, valves,
appurtenances and service connections necessary or convenient for the
operation of said pipes or pipelines, including conduits, cathodic protection
devices, wires, cables, other appurtenances and fiber optic
communications systems necessary or convenient for the exercise of the
Grantee's business in, upon, along, across, under or over those streets of
OiG
the City which are described in the attached Exhibit "A" which is
incorporated by reference
K "ESMC" means the El Segundo Municipal Code, as amended
L "Streets" means the public streets, ways, alleys and places within the City
as the same now or may hereafter exist, and in which the City has the
authority to grant a Franchise
SECTION 3: Granting clause /Rights to Grantee; Term of Franchise
A Pursuant to, and subject to, the Franchise Act of 1937 (California Public
Utilities Code §§ 6201 -6302; "Act "), City grants to Grantee a franchise to
use, or to lay and use pipes and appurtenances for transmitting and
distributing oil or petroleum products for any and all purposes, under,
along, across or upon the public streets within the City as described in
Exhibit "A" and identified on the maps attached as Exhibit "B" and
incorporated by reference.
B As part of this Franchise, Grantee may install, operate, maintain, replace,
repair, abandon in place and /or remove such scraper traps, manholes,
flanges, conduits, culverts, vaults, valves, appliances, cathodic protection
systems, attachments and other appurtenances (collectively,
"appurtenances ") as may be necessary or convenient for the proper
maintenance and operation of the pipelines under this franchise; provided,
however, that Grantee must first secure the requisite permits and /or
approvals from City for construction or excavation
C This Franchise is granted in lieu of all other franchises for pipelines held
by the Grantee, or by any predecessor of the Grantee, for transmitting and
distributing oil or petroleum products within the City's present or future
jurisdictional limits. Acceptance of this franchise constitutes Grantee's
abandonment of all such franchises within the City's present or future
jurisdictional limits in lieu of which this franchise is granted, and as
Grantee's agreement to comply with all of the Franchise's terms and
conditions
D. This Franchise has a term of ten (10) years from and after the effective
date of this Ordinance ( "initial term "), unless the following occurs:
1 Grantee voluntarily surrenders or abandons the Franchise; or
2. The property affected by this Franchise is purchased, condemned,
or otherwise taken by a public entity rendering the Franchise
useless; or
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3 The Grantee forfeits the Franchise by violating its terms and
conditions or that of the Act
E Grantee has an option to extend this Franchise for an additional ten (10)
year period of time before the end of the initial term of this Franchise,
upon the City's written approval, which approval will not be unreasonably
withheld or conditioned The parties must commence good faith
negotiations on such extension upon notification from Grantee to the City
of its election to renew this Franchise, which notice must be given not later
than twelve (12) months before the initial term expires
SECTION 4: Compensation In consideration of City's granting this Franchise, in
addition to complying with the Franchise's terms and conditions, Grantee must pay to
the City the following
A Base Annual Fee
During the term of this Franchise, Grantee agrees to pay the City a
base annual fee for this Franchise as set forth in § 6231 5 of the
Act The base fee is subject to increase to the maximum rate
established in subsequent amendments of the Act The Franchise
fee will be prorated for the remainder of the calendar year based on
a 360 -day year, with the first payment of the Franchise fee accruing
from May 13, 2005
2, Should Grantee partially abandon pipelines or should Grantee
partially remove such pipelines payments otherwise due the City for
occupancy of the streets by such pipelines will be reduced by the
length and diameter of pipeline abandoned or the actual pipeline
removed, beginning with the first day of the next succeeding
Franchise year, and for each subsequent franchise year. The base
rate, however, will be modified to reflect the increase (as provided
below) applicable to such abandoned or removed pipeline at the
beginning of the next succeeding Franchise year following
abandonment or removal
The base annual fee is due and payable annually on January 2,
during the term of the Franchise for the preceding annual period,
without demand and upon filing of the report required by this
Section. Any fees or expenses charged to Grantee by City pursuant
to this Section, or any other provision of this Franchise, unless
disputed in good faith, must be paid when due or are deemed
delinquent Any undisputed delinquent amounts will accrue interest
commencing thirty (30) days after the due date, at the rate of one
and one -half percent (1.5 %) per month (based upon a 30 -day
calendar month) or any lesser amount if required by law Any
018
neglect, omission or refusal by Grantee to pay any undisputed
delinquent fee with any late charges, within thirty (30) days of
written demand for payment is grounds for the City to declare the
Franchise forfeited
4 Payments must be made to the Office of Treasurer, City of El
Segundo, or at such place as the City may, from time to time,
designate in writing The base annual fee must be paid annually
during the term of the Franchise, including the year of granting the
Franchise
B Annual Increase
The amount of each annual payment of the base annual fee is
subject to an increase after the first year of the Franchise and each
subsequent year during the term of this Franchise, based on §
6231 5 of the Act, as amended
2. The increase is based on the Consumer Price Index (CPI), All
Urban Consumers, for the Los Angeles- Anaheim- Riverside area
(1982 -84 = 100), as published by the United States Bureau of
Labor Statistics, Department of Labor, for the month of September
immediately preceding the month in which payment is due and
payable, divided by the Consumer Price Index, All Urban
Consumers, for the Los Angeles- Anaheim - Riverside area, for June
30, 1989, which equals 100 (Note This was revised to reflect what
is in the Cal. Public Utilities Code Section 6231 5) If the Index is
discontinued or revised during the term of this Franchise, such
other governmental price index or computation with which it is
replaced chosen by the City will be used in order to obtain
substantially the same result as would be obtained if the Index had
not been discontinued or revised.
3 The City will determine the adjustment in CPI and will provide the
Grantee with the correct schedule before December 1 preceding
the month of January in which payment is due and payable
C Reports Required
The Grantee must file with the City Clerk and City's Finance
Director, on or before January 2nd after the expiration of the
calendar year, or fractional calendar year, following the date of the
granting of this Franchise and on or before January 2nd (Note:
These revisions were made to reflect the requirements set forth in
Section 4(A)(3)) after the expiration of each calendar year
thereafter, two copies of a report duly verified by the oath of the
019
Grantee or by the oath of a duly authorized representative of the
Grantee, showing for the immediately preceding franchise period:
(a) The length of pipelines in lineal feet covered by this Franchise;
(b) The nominal internal diameter of such pipelines expressed in
inches,
(c) The rate per foot per year; and
(d) The total amount due the City
SECTION 5: Rights of the City.
A This Franchise does not impair or affect any right of the City to acquire the
property of the Grantee, either by purchase or through the exercise of the
right of eminent domain, subject to Grantee's rights, remedies and
defenses, and nothing in this Franchise may be construed to contract
away, or to modify or to abridge, either for a term or in perpetuity, the
City's right of eminent domain in respect to the Grantee, nor will this
Franchise be given any value before any court or other public authority in
any proceeding of any character in excess of the necessary publication
costs and any other sums paid by Grantee to the City at the time this
Franchise was acquired
B In connection with any change in grade, alignment or width of any public
street, way, alley or place ( "the Streets "), or the construction of any
subway or viaduct, or any other street improvement of any kind by the
City, where Grantee's rights to occupy the Streets do not supersede the
City's rights, Grantee must, at the City's direction and at Grantee's sole
cost and expense, comply with all of the following provisions, as
applicable.
Within ninety (90) days after Grantee receives written notice from
the City that work is to be done pursuant to any reserved right and
specifying the general nature of the work and the area in which the
same is to be performed, the Grantee must commence to do all
things necessary to protect and support its franchise property
during the progress of such work. If so ordered by the City, Grantee
must relocate those pipes and appurtenances installed, used and
maintained within the street to such extent, in such manner, and for
such period as is necessary to permit the performance of such work
in an economical manner, and to permit the maintenance, operation
and use of such street improvement.
0"�0
2 Grantee must pay to the City the full amount of any increase in cost
for the construction, installation or repair of any bridge, or any
artificial support in or underlying any street in which any pipes or
appurtenances of the Grantee are located, if such increase in cost
is required in order to provide for the installation, maintenance or
operation of Grantee's pipes or appurtenances in or on the street
area which the bridge or other artificial support covers or underlies.
3 Grantee must cooperate with the City to take all actions reasonably
necessary in order to accomplish the completion of any City street
improvement project within a reasonable period of time After
Grantee receives written notice from the City that work is to be
done, the Grantee must diligently prosecute such work to
completion
4 In the decision process necessary to determine if Grantee's
pipelines and /or appurtenances are required to be relocated, the
City will also consider all known future projects that, if done
separately, may cause multiple relocation of the pipelines and /or
appurtenances If such known future projects can be identified, full
consideration of concurrent projects will be given by City. If the City
requires the relocation within the public street, way, alley or place
more than once within a period of ten (10) years, the City will pay
the cost of the second and all subsequent relocations within such
ten (10) year period.
5 In the event that the City changes the planned rearrangement of
pipelines, or the notice given to Grantee, the Grantee will be given
an additional period of not less than sixty (60) days to accomplish
such work When Grantee's rights to occupy the Streets predate or
supersede the City's rights, such relocations will be performed by
Grantee as set forth above with the costs reimbursed to Grantee by
City
6 Except as otherwise provided above, when City requires a
rearrangement of Grantee's facilities and such rearrangement is
done for the accommodation of any person, firm, corporation or
public agency other than the City, the cost of such rearrangement
will be borne by the accommodated party Such accommodated
party, in advance of such rearrangement, must (a) deposit with the
Grantee either cash or a corporate surety bond in an amount, as in
the reasonable discretion of the Grantee, to pay the costs of such
rearrangement, and (b) execute an instrument agreeing to
indemnify, defend and hold harmless Grantee from any and all
damages or claims caused by such rearrangement. This provision
will not be construed to require Grantee to rearrange its facilities
Uri
Any accommodation for rearrangement of Grantee's facilities will be
made at the Grantee's sole discretion
Nothing in this Agreement may be construed to require the City to
move, alter, or relocate any of its pipelines upon public streets at its
own expense, for the convenience, accommodation or necessity of
any other public utility, person, firm or corporation, now or hereafter
owning a public utility system of any type or nature, or to move,
alter, or relocate any part of its pipelines upon said streets for the
convenience, accommodation or necessity of the Grantee
SECTION 6 Other obligations of Grantee; Indemnification. The Grantee must
comply with all of the following provisions
A. Within sixty (60) days after the City Council adopts this Ordinance,
Grantee must file with the Director improvement plans relating to all of
Grantee's facilities located within the City, and a map or maps showing the
location, length and size of all such facilities which have been installed,
relocated, removed or abandoned by Grantee.
B. Within six (6) months after the installation of any new pipelines under this
franchise, Grantee must file with the Director an "as built" map or maps
showing the approximate location, length and size of all of Grantee's
pipelines so installed
C. Grantee must construct, install and maintain all pipes and appurtenances
in a good and workmanlike manner, and of good materials, and operate in
conformity with all applicable federal, state, and local laws including,
without limitation, the El Segundo Municipal Code (ESMC). In case of
public utilities subject to the jurisdiction of the Public Utilities Commission
of the State of California, the rules, regulations and orders of the Public
Utilities Commission will govern whenever any conflict may exist between
them and the applicable ordinances, codes, rules and regulations adopted
or prescribed by the City. To the extent required by applicable law, the
Grantee must obtain and maintain a permit from the City of El Segundo
Fire Department to construct, install, use, operate, repair or modify a
pipeline for the transportation of flammable or combustible liquids.
D Grantee must pay the City, on demand, the cost of all repairs to public
property made necessary by any operations of the Grantee under this
Franchise, provided Grantee fails to make such repairs after notice and
reasonable opportunity to complete such repairs
E. Grantee agrees to indemnify, defend and hold harmless the City, its
elected and appointed officials, officers, and employees, from and against
any and all claims, losses, liabilities, damages to persons or property,
U22
demands, actions, judgments, causes of action, assessments, penalties,
costs and expenses (including, without limitation, reasonable fees of legal
counsel, expert witnesses and accountants) arising out of or resulting from
Grantee's operations under this franchise, except to the extent caused by
City's sole active negligence, and for all damages proximately resulting
from the failure of Grantee to faithfully observe and perform each and
every provision of this franchise and of the Act Grantee is solely
responsible for complying with all laws, regulations, and other orders
which are applicable to the installation, repair, relocation or removal of its
facilities, whether federal, state or local City's approval of such
installation, repair, relocation or removal will not relieve Grantee of any
liability Grantee may have for contaminated soils or other environmental
liability attributable to or arising from Grantee's pipes, appurtenances and
other facilities Any fee paid by Grantee pursuant to this Agreement will in
no way limit Grantee's obligation to compensate City for any damage,
claim, expense or loss whatsoever, as set forth in this paragraph.
F In addition, Grantee indemnifies and holds the City harmless from and
against any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, arising out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from Grantee's removal, remediation,
response or other plan concerning any Hazardous Materials resulting in
the release of any hazardous substance into the environment Should the
City be named in any suit, or should any claim be brought against it by suit
or otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, Grantee will defend the City (at the City's
request and with counsel satisfactory to the City) and will indemnify the
City for any judgment rendered against it or any sums paid out in
settlement or otherwise
The foregoing indemnity is intended to operate as an agreement
pursuant to 42 USC § 9607(e) (the Comprehensive Environmental
Response, Compensation and Liability Act; "CERCLA ") and Health
& Safety Code § 25364 to defend, protect, hold harmless, and
indemnify the City from all forms of liability under CERCLA, or other
applicable law, for any and all matters addressed in this Franchise.
G In no event will Grantee's indemnity obligation under this Franchise
include indemnification for the City's gross negligence or willful misconduct
SECTION 7: INSURANCE.
A Before commencing performance under this Franchise, and at all other
times this Agreement is effective, Grantee must procure and maintain the
following types of insurance with coverage limits complying, at a minimum,
023
with the limits set forth below:
Tvoe of Insurance
Commercial general liability-
Workers compensation
Limits (combined single)
$2,000,000
Statutory requirement
B Commercial general liability insurance must meet or exceed the
requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name the City, its officials,
and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be camed by CITY will be excess thereto. Such
insurance must be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days pnor
written notice to the City
C Grantee will furnish to the City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance
or copies of policies as may be reasonably required by the City from time
to time. Insurance must be placed with admitted insurers with a current
AM. Best Company Rating equivalent to at least a Rating of "A VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage Grantee will require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of
the insurer to mad written notice of cancellation imposes no obligation, and
to delete the word "endeavor" with regard to any notice provisions
D. Should Grantee, for any reason, fad to obtain and maintain the insurance
required by this Agreement, the City may obtain such coverage at
Grantee's expense or terminate this Franchise
E Grantee must deliver to City, in the manner provided for notices, copies or
endorsements of all insurance certificates and endorsements required by
this Ordinance, within the following time limits
For insurance required at commencement of this Ordinance, within
thirty (30) days after this Ordinance becomes effective,
2 For insurance becoming required at a later date, at least ten (10)
days before the requirement becomes effective, or as soon
thereafter the requirement, if new, becomes effective; and
10 024
3 For any renewal or replacement of a policy already in existence, at
least twenty (20) days after expiration or other termination of the
existing policy
B. Notwithstanding anything to the contrary, Grantee may provide a program
of self- insurance provided it can demonstrate that it had a net worth of
$10,000,000 00 within the preceding year. The City, at its sole discretion,
may allow Grantee to self - insure provided the self - insurance program
complies with the provisions and specified limits contained herein, and is
approved by the City Manager and City Attorney If such approval for self -
insurance is granted, the City will be precluded from exercising the
remedies afforded to it pursuant to subsection D of this Section T.
SECTION 8: PRESENCE OF HAZARDOUS MATERIALS: Except as otherwise
provided below, Grantee may not or permit any Hazardous Materials to be discharged
or released in, under, or about the streets or adjacent properties at any time. Grantee
must, at its expense, procure, maintain in effect and comply with all conditions of any
and all applicable permits, licenses, and other governmental and regulatory approvals
required of Grantee for Grantee's use of the streets or adjacent properties Upon
expiration or earlier termination of the franchise term, Grantee must cause all
Hazardous Materials released by Grantee in or under the Streets or adjacent properties,
if any, to be removed from the streets or adjacent properties in accordance with and in
compliance with all applicable laws Grantee may not take any remedial action in
response to the presence of any Hazardous Materials in or about the streets or adjacent
properties, nor enter into any settlement agreement, consent decree or other
compromise in respect to any claims relating to any Hazardous Materials in any way
connected with the streets or adjacent properties, without first notifying City of Grantee's
intention to do so and affording City ample opportunity to appear, intervene or otherwise
appropriately assess and protect City's interests
SECTION 9 NOTICE TO GRANTOR: Grantee must immediately notify City in writing
of (i) any enforcement, cleanup, removal or other governmental or regulatory action
instituted, completed or threatened pursuant to any applicable laws relative to the
streets or adjacent properties; (u) any claim made or threatened by any person against
Grantee or the streets or adjacent properties relating to damage, contribution, cost
recovery compensation, loss or injury resulting from or claimed to result from any
Hazardous Materials; and (iii) any reports made to any governmental agency ansing out
of or in connection with any Hazardous Materials in or removed from the streets or
adjacent properties, including any complaints, warnings or asserted violations in
connection therewith Grantee must also supply to City as promptly as possible copies
of all claims, reports, complaints, notices, warnings or asserted violations, relating in
any way to the streets or adjacent properties, or Grantee's use of the streets Grantee
must promptly deliver to City copies of manifests reflecting the legal and proper disposal
of all Hazardous Materials removed by the Grantee from the streets or adjacent
properties
11 025
SECTION 10. Assignability Grantee may sell, transfer or assign this Franchise
or any interest therein directly or indirectly, or any of the rights or privileges hereby
granted, with the City's prior written consent, which will not be unreasonably withheld.
Notwithstanding the above statement, Grantee may transfer or assign this Franchise to
any parent, subsidiary or affiliate without obtaining the consent of City, provided
Grantee provides written notification within thirty (30) days of said transfer or
assignment and submits written evidence of the same, including a certification executed
by a duly authorized officer of the Grantee Upon compliance with the foregoing, this
Franchise will be binding on the successors and assigns of the parties hereto, and inure
to the benefit of the successors and assigns of the parties hereto
SECTION 11: Excavations.
A Grantee must obtain an excavation permit in accordance with the ESMC,
and pay the applicable fee therefor, before commencing any excavation in
any street or public right of way, or before disturbing the earth beneath the
surface of the street, except in the case of an emergency Before any
excavation permit is issued for the construction or installation of a pipeline
for the transmission of flammable or combustible liquids, gases or
hazardous materials, Grantee must obtain the applicable permits from the
City If the proposed location of the excavation does not, or will not,
unreasonably interfere with the use of the streets by the City or if Grantee
holds rights to occupy the area of the Streets which supersede the City's
rights, and Grantee complies with all applicable laws, the Public Works
Director will issue the appropriate permit(s)
B. Where it is necessary to lay any underground pipes through, under or
across any portion of a paved or macadamized street, such work, where
deemed by Grantee in its sole discretion to be a safe method of
installation, as well as practicable and economically feasible, may be done
by a tunnel or bore so as not to disturb the foundation of such paved or
macadamized street. If the same cannot be done, or if it is necessary to
cut the street in order to access existing pipes and appurtenances, such
work will be done pursuant to an excavation permit.
C All work is subject to the City's inspection . All street coverings or
openings, valves, vaults and manholes must at all times be kept flush with
the surface of the streets; provided, however, that vents for underground
vaults and manholes as well as cathodic protection devices, including
pole- mounted rectifiers may, subject to the City's prior approval, extend
above the surface of the streets when such vents and cathodic protection
devices, including pole- mounted rectifiers, are located in parkways,
between the curb and the property line. The Grantee must provide
adequate traffic safety barriers, signs, devices and traffic safety warning
equipment in accordance with the ESMC and comply with such additional
12 026
safety measures as the City may direct.
D In emergencies, Grantee may commence excavation of streets without
prior permit; provided, however, Grantee acts in a reasonable and diligent
manner as soon as practicable after the onset of said emergency to obtain
a permit authorizing such work
E Grantee acknowledges that the City's records may not be complete and
that pipes and appurtenances previously unknown to City are frequently
discovered Consequently, by granting this franchise or by approving any
excavation permit requested by Grantee, the City does not warrant the
accuracy of information supplied to the Grantee by the City regarding the
location or existence of other facilities Nothing herein will make the City,
or any officer, agent or employee of the City, responsible or liable to the
Grantee or to any other person by virtue of the City's approval of
excavation permit plans, regardless of whether any information is supplied
by the City to the Grantee pertaining to the location of existing pipes,
facilities or other improvements on, in or under any street or other public
property.
SECTION 12: Grantee's Emergency Response Plan; Pipeline Accidents
A The Grantee must develop and maintain an emergency response plan,
reasonably satisfactory to the City, which covers all franchise operations
within the City. In general, an emergency response plan meeting the
requirements of Federal and State law and containing the information
contained in this section is acceptable The emergency response plan
must include a 24 -hour notification program and proof of arrangements
capable of providing emergency response services, including without
limitation to traffic control, street excavation pipeline repair, and supplies
and services as necessary, within two (2) hours of notification of any
problem, and such other information as the City may reasonably require.
Repairs to a public street, alley or parkway must be completed within 72
hours of Grantee completing repairs to its facilities and clean up of any
materials released from its facilities, if reasonably possible, unless
otherwise authorized by the City The City must be notified ten (10) days
in advance of any proposed change in such arrangements. Any changes
in or revisions to Grantee's emergency response plan must be submitted
to the City on the first working day of the subsequent calendar year
B. Whenever any pipeline or appurtenance breaks or leaks so as to cause
the release of oil or petroleum products into or under the public nght -of-
way, Grantee, and any other person using or controlling the pipeline or
appurtenance, must immediately notify the City's Police Department and
Public Works Department and implement precautionary safety measures
including traffic control, system shutdown, valve closures, and public
13 027
notification In the event of an emergency which threatens life, health,
safety, or property, and where it is not possible to obtain an excavation
permit before commencing the work, the Grantee may commence such
work, provided, however, that within seventy -two (72) hours thereafter the
Grantee must apply for an excavation permit Adequate traffic safety
barriers must be maintained at all times, and any damaged portion of the
street must be restored to at least the condition that existed immediately
before the damage
C If any portion of any City street is damaged by reason of defects, breaks
or leaks in any of the pipes and appurtenances maintained or constructed
by Grantee, or by reason of any other cause attributable to or arising from
the operation of any pipes and appurtenances constructed or maintained
by Grantee, the Grantee must, at its sole cost and expense, immediately
repair all damage and restore the street to the condition existing before
such damage occurred. All such work must be done under the City's
direction, and to the City's reasonable satisfaction Grantee must repair
such damage and restore the street within three (3) working days after
receiving a written demand from the City or such other reasonable period
as the Director may authorize when required for the protection of the
public health and safety
D Should Grantee, after reasonable notice, fad or refuse to pave, surface,
grade, repave, resurface or regrade any damaged street as required by
the provisions of this franchise, the City may cause the work to be done
after written notice is given to Grantee and will keep an itemized account
of all costs incurred. The Grantee agrees to, and must, reimburse the City
for all such costs, including reasonable administrative overhead expenses,
within thirty (30) days after presentation to Grantee of an itemized account
of such costs
SECTION 13 Abandonment Should Grantee abandon all or any part of the
pipes and appurtenances which encompass this Franchise, such abandonment must be
accomplished by Grantee as required by the State of California Pipeline Safety Act, or
other governing State or Federal laws or statutes. Grantee will not owe the City any
compensation for the privilege of said abandonment The ownership of all franchised
property so abandoned in place, immediately vest in the City except that Grantee will
retain all liability for the installation or construction of those facilities, and any liability for
Hazardous Materials, as those liabilities exist as of the date of the Abandonment.
SECTION 14: Default.
A Effect of Default Should Grantee default in the performance of any of the
terms, covenants and conditions herein, and such default is curable, the
City may give written notice to Grantee of such default. Should Grantee
not commence the work necessary to cure such default within sixty (60)
14)O
days after such notice is received by Grantee, or prosecute such work
diligently to completion, the City may declare this Franchise forfeited.
Upon giving written notice of forfeiture to Grantee, this Franchise will
terminate and Grantee's rights will terminate. Should the Franchise be
forfeited, Grantee must execute an instrument of surrender and deliver
same to City. In the event of noncompliance by the Grantee with any of
these conditions, the City may, in addition to all other remedies, bring suit
for the forfeiture or termination of this Franchise
B. Force Maieure. Should Grantee's performance of this Franchise be
prevented due to fire, flood, explosion, war, embargo, government action,
civil or military authority, the natural elements, or other similar causes
beyond Grantee's control, then Grantee will not be deemed to be in
default or forfeit its Franchise rights if it commences and prosecutes
performance with all due diligence and promptness upon being able to do
SO.
C Cumulative Remedies. No provision of this Franchise for enforcing the
terms and conditions of this Franchise is an exclusive remedy or
procedure for enforcement These remedies and procedures are in
addition to those provided by law and are cumulative.
SECTION 15 Dispute Resolution. If a dispute arises between the parties
relating to this Franchise, the parties agree to use the following procedure before either
party pursuing other available legal remedies, except when doing so would cause the
expiration of an applicable statute of limitations A meeting will be held promptly
between the parties, attended by individuals with decision- making authority regarding
the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within
thirty (30) days after such meeting the parties have not succeeded in negotiating a
resolution of the dispute, they agree to submit the dispute to mediation City and
Grantee will equally advance a proportionate share of the costs of mediation The
parties will )omtly appoint a mutually acceptable mediator within thirty (30) days from the
conclusion of the negotiation period The parties agree to participate in good faith in the
mediation and related negotiations for a period of sixty (60) days. Any decision of the
mediator must be supported by written findings of facts and conclusions of law If the
parties are not successful in resolving the dispute through the mediation, the matter
may be submitted to a court of law
SECTION 16: Notice.
Any notice required to be given under the terms of this Franchise, the manner of
services of which is not specifically provided for here, may be served to the
following identified addresses, or to such other address as may from time to time
be furnished in writing by one party to the other, and by depositing said notice in
the United States mad, postage prepaid When the services of any such notice is
15 0 2 9
made by mail, the time such notice will begin with and run from, is the date of
deposit of the same in the United States mad
Upon City City of El Segundo
Public Works Department
Attn: Director of Public Works
350 Main Street
El Segundo, CA
Upon Grantee: Chevron U S.A Inc.
c/o Chevron Pipe Line Company
16301 Trojan Way
La Mirada, CA 90638
Fax (714) 228 -1524
Attn Team Leader)
SECTION 17 Grantee's Acceptance of Franchise. Except as otherwise stated
herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the
officers of the City designated herein the following instruments or documents-
A. File with the City Clerk Grantee's written acceptance of the terms and
conditions of this ordinance
B File with the City Clerk certified copies of the policies of liability insurance
and workers' compensation insurance, or, in lieu thereof, certificates
evidencing such insurance, which policies must be in accordance with the
terms and conditions of this ordinance Notwithstanding anything to the
contrary, Grantee may provide a program of self- insurance provided it can
demonstrate that it had a net worth of $10 million within the preceding
year The City, at its sole discretion, may allow Grantee to self- insure
provided the self - insurance program complies with the provision and
specified limits contained herein, and is approved by the City
Administrator and City Attorney.
C File with the City Clerk, within ten (10) business days after the City Council
adopts and passes the ordinance granting this franchise and thereafter at
all times during the life of the Franchise keep on file with the City Clerk, a
bond issued by an admitted surety insurer, and in a form approved by the
City Attorney, in the penal sum of One Hundred Thousand Dollars
($100,000), conditioned that the Grantee will well and truly observe, fulfill,
and perform each condition of the Franchise and that in case of any
breach of condition of the bond, the whole amount of the penal sum
16 0 J 0
therein specified will be recoverable from the principal and surety upon
said bond If said bond is not filed, or if it does not receive the approval of
the City Attorney, the Franchise may be revoked or forfeited and any
money paid to the City in connection therewith will be retained by the City.
SECTION 18: Reimbursement for City's posting and publication expenses.
The Grantee will pay the City a sum of money sufficient to reimburse the City for all
posting and publication expenses incurred in connection with the granting of this
Franchise Such payment must be made by Grantee within thirty (30) days after the City
provides to the Grantee a written statement of such expenses.
SECTION 19. Venue. The Parties agree that all actions or proceedings arising in
connection with the ordinance will be tried and litigated in the State courts located in the
County of Los Angeles, State of California. The Parties intend that this choice of venue
be mandatory and not permissive in nature, thereby precluding the possibility of
litigation between the parties with respect to or arising out of this Ordinance in any
jurisdiction other than that specified in this Section Each party waives any right it may
have to assert the doctrine of forum non convernens or similar doctrine or to object to
venue with respect to any proceeding brought in accordance with this Section, and
stipulates that the State courts located in the County of Los Angeles, State of California
have in person jurisdiction and venue over each of them for the purpose of litigating any
dispute, controversy, or proceeding arising out of or related to this Agreement.
SECTION 20• No Waiver. Grantee is not excused from complying with any of the
terms and conditions of this Ordinance by any failure of the City upon any one (1) or
more occasions to insist upon or to seek compliance with any such terms or conditions
No City waiver of any provision or consent to any action constitutes a waiver of any
other provision or consent to any other action, whether or not similar No waiver or
consent constitutes a continuing waiver or consent or commit a party to provide a
waiver in the future except to the extent specifically set forth in writing Any waiver
given by a party will be null and void if the party requesting such waiver has not
provided full and complete disclosure of all material facts relevant to the waiver
requested
SECTION 21 Binding Effect. Each and all of the provisions hereof are binding
on and inure to the benefit of the Parties and their respective heirs, successors, and
permitted transferees and assigns
SECTION 22: Amendment. No amendment, modification, or supplement to this
ordinance is binding on any of the parties unless it is in writing, signed by the parties,
and approved through legislative action.
SECTION 23. Entire Agreement. This ordinance constitutes the entire
agreement between the parties with regard to this subject matter. This ordinance
supersedes all previous agreements between or among the parties There are no
agreements, representations, or warranties between or among the parties other than
17 031
those set forth in this Agreement or the documents and agreements referred to in this
agreement
SECTION 24• Construction. Each party has been represented by counsel in the
negotiation and execution of this ordinance. The terms of this ordinance were
negotiated by the Parties and the language used in this Franchise is deemed to be the
language chosen by the Parties to express their mutual intent This Franchise will be
construed without regard to any presumption or rule requiring construction against the
party causing such instrument or any portion thereof to be drafted, or in the favor of the
party receiving a particular benefit under this Agreement. No rule or strict construction
will be applied against any Person
SECTION 25: Miscellaneous Provisions.
A Captions The captions here are for convenience and reference only, and
are not part of this Franchise, and do not in any way limit, define or amplify
the terms and provisions hereof
B Governing Law This Franchise has been made and will be construed and
interpreted in accordance with the laws of the State of California
C Execution. The Mayor of the City will approve and sign and the City Clerk
will attest to the passage of this Ordinance. This Ordinance will take effect
thirty (30) days from the date of its adoption. Once this Ordinance
becomes effective, it will be deemed to be applicable as of May 13, 2005.
SECTION 26 Repeal of any provision of the El Segundo Municipal Code will not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date
Any such repealed part will remain in full force and effect for sustaining action of
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 27. Severability 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 28• 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 29• This Ordinance becomes effective thirty (30) days after adoption
18 032
Mark D
0
PASSED AND ADOPTED this _ day of 2006.
Kelly McDowell, Mayor
Berger, joistant City Attorney
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 day of 2006, and the same was so passed and
adopted by the following vote.
AYES
NOES.
ABSENT
ABSTENTION
NOT PARTICIPATING.
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2006.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
19 033
Location of pipeline in the City particularly described as follows:
BEGINNING at a point in the South line of E1 Segundo
Boulevard 20.00 feet easterly of the center line of Whiting
Street: THENCE northerly across E1 Segundo Boulevard to a point
7.00 feet South of the center line of E1 Segundo Boulevard;
THENCE easterly parallel to the center line of E1 Segundo
Boulevard to a point 12.50 feet westerly of the center line of
Virginia Street; THENCE northerly parallel to the center line of
Virginia Street and its extension to a point in Imperial Avenue
lying 16.00 feet South of the center line of Imperial Avenue;
THENCE easterly parallel to the center line of Imperial Avenue
to a point 150.00 feet easterly of the center line of Virginia
Street; THENCE northerly parallel to the center line of Virginia
Street to the North City boundary.
This Franchise is hereby granted to Grantee, and its lawful
successors and assigns subject to the terms of this Franchise.
This Franchise shall include the right, for the period and
subject to the terms of this Agreement, to so maintain, operate,
repair, and renew the pipeline system of Grantee authorized
hereunder as already laid and constructed in said Streets, if
any -
Exhibit "A"
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Exhibit "B"
November 8, 2005
Steve Finton
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re- Franchise renewal Application
City Ordinance No. 1246
CPL ROW #90181
Dear Mr Finron.
to Chevron
RECEIVED
NOV 15 2005
FuBUC WORKS
ENGINEERING
Chevron Pipe Line Company, as agent for Chevron U.S.A. Inc.,
requests a grant from the City of El Segundo for a ten year franchise
agreement for one 12 -inch aviation jet fuel line under City streets from
El Segundo Refinery to serve LAX. The current franchise agreement
expired on May 12, 2005.
Chevron U. S. A. Inc. shall pay the City of El Segundo an annual
franchise fee which complies with the Franchise Act of 1937 (Public
Utilities Code sections 6201, et seq.). Please vest the agreement in
Chevron U. S. A. Inc., a Pennsylvania corporation.
Please send the agreement for processing to: 16301 Trojan Way, La
Mirada, CA 90638. Should you have any concerns, feel free to contact
me at (714) 228 -1523. Thank you for your help and consideration with
this matter.
Sincerely,
--T7--Z��'A�
Ray Riddle
Right of Way Specialist
03b-
RESOLUTION NO. 4465
A RESOLUTION DECLARING THE CITY COUNCIL'S
INTENT TO CONDUCT A PUBLIC HEARING ON JUNE 20,
2006 REGARDING THE GRANT OF AN OIL PIPELINE
FRANCHISE TO CHEVRON.
The City Council does resolve as follows
SECTION 1 The City Council finds and declares that
A On November 15, 2005, the City of El Segundo received an application
from Chevron Pipeline Company ( "Chevron ") for a franchise to lay and use
pipes and appurtenances for transmitting and distributing oil or petroleum
products for any and all purposes in, under, along, across, or upon the
public streets, ways, alleys and places within the City's jurisdiction
( "Pipeline Franchise "),
B Chevron previously held a Pipeline Franchise (Ordinance No 1246) for
operations with the City that expired on May 12, 2005
SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its
intention to conduct a public hearing on June 20, 2006 at 7 00 p m in the City Council
Chambers at 350 Main Street, EI Segundo, to consider all oral and written testimony
regarding the Pipeline Franchise before determining whether to grant a new Pipeline
Franchise to Chevron
SECTION 3 The City Clerk is directed to publish public notice of the public hearing
(including all requirements set forth in Public Utilities Code § 6233) at least one time
within fifteen (15) days after this Resolution is adopted in a newspaper of general
circulation
SECTION 4 This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution
PASSED AND ADOPTED this jALtday of May '2006
APPRI
Mark E
A
r -
031
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 4465 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 16th day of May 2006, and the same was so passed and
adopted by the following vote
AYES McDowell, Busch, Boulgarides, Fisher, Jacobson
NOES: None
ABSENT None
ABSTENTION None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of
May 2006
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
'iJ6
EL SEGUNDO CITY COUNCIL MEETING DATE June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING Unfinished Business
AGENDA DESCRIPTION
Consideration and possible action regarding adoption of a resolution to declare City -owned
property located directly east of 150 and 160 S Sepulveda Boulevard as surplus property, and
authorize the City Manager to commence the process to sell the property in accordance to
Government Code §54222 (Appraisal Value $360,000)
RECOMMENDED COUNCIL ACTION,
1) Approve Resolution declaring City owned property located directly east of 150 and 160
South Sepulveda Boulevard as surplus property,
2) Authorize the City Manager to commence the process to sell the property, and /or,
3) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
On October 18, 2005 City Council authorized staff to obtain an appraisal for the fair- market
value of City -owned property located directly east of 150 and 160 S Sepulveda Boulevard
Staff hired the appraisal firm, The Horizon Group, and received an appraisal of $360,000
(Continued on next page.. )
ATTACHED SUPPORTING DOCUMENTS.
1 Resolution
2 Legal description
FISCAL IMPACT None
Operating Budget
NIA
Amount Requested:
NIA
Account Number:
N/A
Project Phase-
N/A
Appropriation Required
—Yes X No
ORIGINATED BY DATE.
Seimone Jurps(/birector of Planninq and
6
City Manager
l..1 J
STAFF REPORT June 20, 2006 Page 2
BACKGROUND & DISCUSSION (cont.)
Staff has received interest from the neighboring property owners to purchase the City's
property. For the City to sell the property, the City Council must first declare the property as
surplus Next, staff will then begin the sale of the surplus property following the requirements
of Government Code §54222 This requires the City of El Segundo to first offer the property
for sale to several public agencies before offering the property to the general public
Once the sale process is complete, staff will return to City Council with the highest qualified
purchase price
As another possible option, the City Council may choose not to sell the property but instead
follow the recommendations by the Golf Course Sub - Committee At the regular meeting of the
Golf Course Sub - Committee on May 2006, the Golf Course Sub - Committee unanimously
voted to utilize the city property to relocate storage containers to free up space for a proper
wash rack area This property would be used to relocate three storage units from the
maintenance area to that location The new space freed up in the maintenance area would
then be used to construct a wash rack that would consist of a water filtration system to recycle
water used in the cleaning of maintenance vehicles and equipment.
RECOMMENDATION
Staff recommends that the City Council declare the property as surplus, and authorize the City
Manager to sell the property pursuant to Government Code §54222
040
RESOLUTION NO.
A RESOLUTION DECLARING REAL PROPERTY LOCATED
AT 150 AND 160 S. SEPULVEDA BOULEVARD TO BE
SURPLUS PROPERTY AND AUTHORIZING THE CITY
MANAGER TO SELL IT IN ACCORDANCE WITH
APPLICABLE LAW.
The City Council does resolve as follows.
SECTION 1 - The City Council finds and declares that,
A On June 1, 2005, the City of EI Segundo filed an application requesting
that the City Council declare real property located lust east of 150 and 160
S Sepulveda Boulevard and north of the existing golf course maintenance
building and south of the parking lot serving the existing commercial
center at 150 and 160 S. Sepulveda Boulevard ( "Surplus Property ") to be
surplus and authorize the City Manager to dispose of such property in
accordance with applicable law A graphical depiction of the Surplus
Property, along with its legal description, is attached as Exhibit "A," and
incorporated by reference,
B Pursuant to Government Code § 65402(a), the City submitted its
application to the Planning Commission for review. The City's submission
was reviewed by the Planning Commission for, in part, consistency with
the General Plan and conformity with the El Segundo Municipal Code
( "ESMC "),
C. At its regular meeting on June 9, 2005 the Planning Commission
considered the information provided in the City's application regarding the
Surplus Property and found that selling the Surplus Property would be
consistent with the City's General Plan,
D. A review of the City's application shows that the Surplus Property is no
longer required for the City's use and its sale will provide a public benefit
to the City including, without limitation, revenue to pay for other public
needs within the City's jurisdiction,
E The Surplus Property will be offered for sale in accordance with applicable
law including, without limitation, Government Code § 54222;
F. Before the Surplus Property is sold, an appraisal will be performed
establishing its fair market value.
SECTION 2• Purpose of Surplus Property Sale
A The City's purpose in selling the Surplus Property is to facilitate use of the
parcel for parking or related commercial use,
041
B All of the Surplus Property, consisting of 9,697 square feet, is proposed to
be sold for the purpose stated above
SECTION 3• Environmental Assessment The Planning Commission found that the
proposed project is exempt from CEQA requirements pursuant to CEQA Guidelines §
15312 and the El Segundo Guidelines. Specifically, the City proposes to sell the
Surplus Property, the Surplus Property is not located in an area of concern, the Surplus
Property does not have significant value for wildlife habitat or other environmental
purpose; and the use of the Surplus Property and adjacent property has not changed
since the time the City acquired the Surplus Property Accordingly, this project
conforms with a Class 12 categorical exemption under CEQA
SECTION 4 Report The Planning Commission submitted its report to the City Council
in accordance with Government Code § 65402(a) finding that selling the Surplus
Property is consistent with the General Plan
SECTION 5 Authorizations The City Manager, or designee, is authorized to take all
steps needed to offer the Surplus Property for sale including, without limitation,
obtaining an appraisal; offering the Surplus Property for sale in accordance with
applicable law including Government Code § 54222 and a competitive auction
procedure; recommending a qualified buyer and price to the City Council; and, following
City Council approval of the sale, executing all documents required for conveying the
Surplus Property on the City's behalf
SECTION 6. This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution
PASSED AND ADOPTED this 20th day of June, 2006
Kelly McDowell, Mayor
APPROVED A O /
Mark D. Hens y
By. , r
K ' H. Berger, Ass ant City Attorney
r' 4
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 June, 2006, and the same was so passed and adopted by the
following vote
AYES.
2006
NOES
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20th day of June,
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
043
LEGAL DESCRIPTION
(REVISED)
NORTH VILLAGE CENTER
THAT PORTION OF PARCEL 1, PARCEL MAP NO 17749, IN THE CITY OF EL
SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS FILED IN
BOOK 207, PAGES 56 THROUGH 60, INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, THENCE
SOUTH 23' 5 P 55" EAST FOR A DISTANCE OF 51170 FEET ALONG THE EASTERLY
LINE OF SAID PARCEL I TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION; THENCE SOUTH 66'07'05" WEST FOR A DISTANCE OF 80 26 FEET TO
THE WESTERLY LINE OF PARCEL 1, THENCE SOUTH 23° 52' 55" EAST ALONG SAID
WESTERLY LINE OF SAID PARCEL 1 AND ITS SOUTHEASTERLY PROLONGATION
90 00 FEET, THENCE NORTH 81'56' 50" WEST FOR A DISTANCE OF 94 53 FEET TO
SAID EASTERLY LINE OF SAID PARCEL 1, THENCE ALONG SAID EASTERLY LINE
NORTH 23` 51' 55" WEST FOR A DISTANCE OF 140 00 FEET TO THE TRUE POINT OF
BEGINNING
EXCEPTING AND RESERVING TO CHEVRON U S A INC, A PENNSYLVANIA
CORPORATION, ITS SUCCESSORS AND ASSIGNS, ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES, NON- HYDROCARBON GASES OR GASEOUS
SUBSTANCES, ALL OTHER MINERALS OF WHATSOEVER NATURE, WITHOUT
REGARD TO SIMILARITY TO THE ABOVE- MENTIONED SUBSTANCES, AND ALL
SUBSTANCES THAT MAY BE PRODUCED THEREWITH FROM THE PROPERTY
WITHOUT ANY RIGHT TO USE THE SURFACE OR THE FIRST 500 FEET BELOW THE
SURFACE, BY DEED RECORDED MAY 24, 1988 AS INSTRUMENT NO 88- 826097,
OFFICIAL RECORDS
AREA = 9228 SQ FT = 0 21 ACRES
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CIVIL Torrance, California 90504
ENGINEERING Tel ( 327 -0018
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OCAGROUP www dcac,vdeng com
GRAPHIC SCALE
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LEGAL DESCRTIPTION EXHIBIT MAP
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EL SEGUNDO CITY COUNCIL MEETING DATE- .tune 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION.
Consideration and possible action on a lease option agreement between the City of El
Segundo (City) and the El Segundo Unified School District (District) regarding the operation of
a swim complex proposed to be constructed by the District at El Segundo High School, 640
Main Street
RECOMMENDED COUNCIL ACTION-
1) Authorize the Mayor to execute the Lease Option Agreement between the City and El
Segundo Unified School District, 2) Alternatively, discuss and take other action related to this
item.
BACKGROUND & DISCUSSION:
In December 2005, the El Segundo School District approached the Aquatic Subcommittee
about putting together a community bond initiative to renovate the existing football field and
auditorium at the high school and to build a new community swim complex at the high school
The District proposed a partnership with the City whereby the District would build the
proposed swim complex and the City would maintain and operate the facility On May 16,
2006, the City Council appointed Mayor Pro Tem Busch and Councilmember Boulgandes to
explore and negotiate a potential contract with the District regarding the operation of the swim
complex Mayor Pro Tern Busch, Councilmember Boulgandes and staff met with
representatives from the District and negotiated the attached draft Lease Option Agreement
The agreement would allow the City to exercise a lease option with the District within sixty
days from the date after applicable statute of limitations have expired with regard to the
District's approval of the required California Environmental Quality Act (CEQA) review for the
construction and use of the swim complex proposed at El Segundo High School
(Please see attached page marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS:
Lease Option Agreement between the City and El Segundo Unified School District
FISCAL IMPACT NIA
Operating Budget:
Amount Requested.
Account Number:
Project Phase
Appropriation Required- _Yes _ No
U46
3
Background and Discussion (con't):
The agreement includes the following
• The City has 60 -days following the expiration of the statute of limitations with regard to
the District's completion of CEQA determination to exercise its option to maintain and
operate the proposed aquatics complex,
• An annual "opt out" provision for the City as long as the City provides 12 months written
notice to the District of that intention,
• A mechanism whereby the City and District meet annually to work out an appropriate
schedule for the proposed aquatics complex,
• A "sunset clause" that would terminate the agreement in the event that construction on
the complex is not started by January 2010 and completed by January 2012,
• A provision that neither party shall be responsible for funding mayor repairs or
replacement of the proposed facility "absent a subsequent agreement being reached by
the parties "
Should the City Council approve the attached agreement, it is anticipated that the District will
commence necessary CEQA work on the protect and take other actions necessary to place an
appropriate bond measure on a future ballot In addition, it will be necessary to complete a
legal description The legal description for the property will be prepared by staff and attached to
the agreement Finally, it should be noted that the decision to exercise the City's option to
maintain and operate the proposed facility will come back to the City Council for consideration
in the form of a written notification to the District The item will be placed on a future Council
agenda upon the District's completion of required CEQA work
01110 1
LEASE OPTION AGREEMENT
THIS LEASE OPTION AGREEMENT ( "Agreement "), is entered into by the City of El
Segundo, a California Municipal Corporation ( "City"), and the El Segundo Unified School
District ( "District ") this _ day of June, 2006 ( "Effective Date ") District and City are also
individually referred to herein as a "party" and collectively referred to herein as the "parties "
Capitalized terms used in this Agreement and not defined elsewhere have the meanings given
them on the attached Exhibit C
RECITAL
Pursuant to Education Code Section 10900 et seci , District and City are entering into this
Agreement for purposes of granting the City an option to lease from District the real property
described in Exhibit A hereto ( "Property ") with the Aquatic Improvements thereon
The Parties agree as set forth below
I EXERCISE OF OPTION The City shall have Sixty (60) days, from the date that the
applicable statute of limitations has expired with regard to the District's preparation and approval
of the environmental review pursuant to the California Environmental Quality Act for the
construction, operation and use of the Aquatic Improvements on the Real Property, to exercise its
option granted hereunder to lease the Property pursuant to the terms and conditions contained
herein The City shall exercise its lease option by providing the District with written notice
within such sixty (60) day time period of its election to exercise its option In the event the City
does not exercise its option this Agreement shall be deemed terminated and shall be of no further
force or effect
2 LEASE OF PROPERTY Subject to the City exercising its option to lease the property
pursuant to Section 1 hereof, and in consideration of the covenants and agreements set forth in
this Agreement and other good and valuable consideration, District leases the Property to City
and City leases the Property from District, upon and subject to the terms set forth in this
Agreement. Except as otherwise expressly set forth herein, City shall have sole possession and
control of the Property pursuant to the terms of this Agreement
3 TERM The term of this Agreement shall commence on the date that the Distract has
completed the Aquatic Improvements on the Property and delivered possession of the Property
and the Aquatics Improvements to the City ( "Commencement Date ") and continue for a forty
year period thereafter. In the event that the District has not commenced construction of the
Aquatic Improvements on or before January 1, 2010, and substantially completed the Aquatic
Improvements on or before January 1, 2012, this Agreement shall be deemed terminated and be
of no further force or effect The District shall be solely responsible for the construction of the
Aquatic Improvements The City shall have the right to terminate this Agreement at any time by
providing the District with twelve (12) months advance written notice of its intent to terminate
this Agreement
4 RENT City shall pay District rent in the amount of one dollar ($1 00) per year
048
Lease Option Agreement with ESUSD - Final 05/04/2006
5 PERMITTED USE City will use the Property for offering educational, recreational, and
competitive aquatic related activities to the public The City shall have the right to, in its sole
discretion, determine the fees that it may charge to the public for use of the Property and Aquatic
Improvements and the fees shall be retained and controlled by the City Notwithstanding the
foregoing, the District shall be allowed to utilize the Property and Aquatic Improvements based
upon a schedule agreed to by parties, in their respective sole discretion, on an annual basis It is
contemplated that the District shall utilize the Property and Aquatic Facilities approximately 30
hours per week It is contemplated that the District shall utilize the Property and Aquatic
Facilities for District students for District related physical education classes, water polo , and
swimming and diving teams and other competitive District aquatic activities The District may
charge fees for participants and spectators for such District activities, and the fees shall be the
retained and controlled by the District The District shall be responsible for providing any
special equipment it needs its high school students' activities In the event that the parties cannot
agree upon the schedule on or before April I of each year, then the City shall have the right to
establish the schedule for the next calendar year
6 CONDITION OF PROPERTY District represents and warrants that the Property and the
Aquatic Improvements are suitable for use by the public and that it has reviewed the
environmental condition of the Property and that there are no Hazardous Materials contained
thereon and that the District shall be solely responsible and liable for any claims ansmg from or
relating to Hazardous Materials being present on the site that were present on the site prior to the
Commencement Date or any defects that existed in the Property or the Aquatic Improvements
prior to the Commencement Date In this connection, District agrees to defend, indemnify and
hold harmless the City, and its elected and appointed officials, officers, employees and agents
resulting from a breach of the representations and warranties contained in this Section 6
7 MAINTENANCE The City shall provide normal and routine maintenance with regard to
Property and Aquatic Facilities, including maintaining proper water quality of the pool, keeping
the pool, pool deck area, restrooms and parking lot areas clean and maintaining the safety
equipment for the Aquatic Facilities The City may close the pool from time to time for purposes
of carrying out such normal and routine maintenance or for public health purposes The City
shall not be obligated to replace or make mayor repairs to the Aquatic Facilities To the extent
that replacement or mayor repairs to the Aquatic Facilities become necessary, the parties shall
meet and discuss how to fund the replacement or repair of the Aquatic Facilities The parties
intend that they will use their respective best efforts to keep the Aquatic Facilities in good repair
while protecting the parties rights under this Agreement It is contemplated that an amendment
to this agreement may be necessary with regard to major repairs to ensure that the City's
investment in the repairs is commensurate with assurances respecting the City's rights under this
Agreement However, neither party shall be obligated to fund the replacement or repair of the
Aquatic Facilities absent a subsequent agreement being reached by the parties
8 UTILITIES The City shall pay the gas, electric and water utility costs incurred with regard
to the Property and Aquatic Facilities The District as part of the construction of the Aquatic
Facilities shall cause these utilities to be metered separately from the other utilities utilized on
the adjacent District property
`11�1 �
Lease Option Agreement with ESUSD - Final 05/04/2006
9 OPERATION The City shall be allowed to operate the Aquatic Facilities between the hours
of 6 a in and 10 p m The City shall provide adequate staffing and supervision for purposes of
safely operating the pool for the programs and activities that it conducts on the Property The
City shall determine on an annual basis the amount that it will budget for programs and activities
that will be conducted on the Property The City shall control and regulate the use of the parking
lot which is located on the property and that is considered an Aquatic Improvement
Notwithstanding the foregoing, the City shall not supervise the District's use of the pool for its
high school activities and the District shall be solely responsible for the supervision and the
safety of the individuals involved in such activities. Both the City and District shall conduct
their respective programs and activities on the property in compliance with all Laws
10 INDEMNIFICATION (a) To the maximum extent permitted by law, District agrees to
defend, indemnify and hold harmless the City and its elected and appointed officials, officers,
employees and agents from and against any and all liabilities, losses, damages, injuries, actions,
claims, lawsuits, costs and expenses (including attorneys' fees and costs) of any kind or character
to any person or property arising from, related to or caused by the negligent or wrongful
misconduct of the District and its elected and appointed officials, officers, employees and agents
relating to District's construction or use of the Property and the Aquatic Facilities
(b) To the maximum extent permitted by law, City agrees to defend, indemnify and hold
harmless the District and its elected and appointed officials, officers, employees and agents from
and against any and all liabilities, losses, damages, injuries, actions, claims, lawsuits, costs and
expenses (including attorneys' fees and costs) of any kind or character to any person or property
arising from, related to or caused by the negligent or wrongful misconduct of the City and its
elected and appointed officials, officers, employees and agents relating to City's use of the
Property and the Aquatic Facilities
The indemnification provisions set forth above shall survive the termination of this Agreement
I 1 WARRANTIES City and District each acknowledge and represent that it is duly organized,
validly existing and in good standing and has the right, power and authority to enter into this
Agreement and bind itself hereto through the party set forth as signatory for the Party below
12 QUIET POSSESSION So long as City keeps, observes and fully satisfies all covenants,
obligations and agreements of City under this Agreement, District shall take no action that would
interfere with the City's quiet possession and use of the Property during the term of this
Agreement
13 DAMAGE OR DESTRUCTION If any Casualty damages or renders any portion of the
Property or the Aquatic Facilities City shall have no obligation to either restore the Property to
the condition it was in prior to the Casualty City may terminate this Agreement in the case of
damage or destruction of the Property
14 DEFAULT AND RIGHT TO CURE
(a) Events of Default The occurrence of any of the following constitutes an "Event
of Default" by City under this Agreement District and City agree that the notices required by
LJU
Least Option Agreement with ESUSD - Finai 05104/2006
this Section 17 are intended to satisfy any and all notice requirements imposed by the Laws and
are not in addition to any such requirements
i Failure to Pay Rent City fails to pay any Additional Rent amount as and
when due and such failure is not cured within fifteen (15) days after District notifies City of
City's failure to pay Additional Rent when due.
u Failure to Perform City breaches or fails to perform any of City's non -
monetary obligations under this Agreement and such breach or failure is not cured within fifteen
(15) days after District notifies City of City's breach or failure, provided that if City is not able
through the use of commercially reasonable efforts to cure such breach or failure within a fifteen
(15) day period, City's breach or failure is not an Event of Default if City commences to cure
such breach or failure within the fifteen (15) day period and thereafter diligently pursues the cure
and effects the cure within a period of time that does not exceed an additional sixty (60) days
after the expiration of the initial fifteen (15) day period
(b) Remedies Upon the occurrence of any Event of Default, District may at any time
and from time to time, without notice or demand, as its sole remedy, file an action for specific
performance
(c) District's Default District will be in deemed to be in default and breach of this
Agreement if District fails to perform any term or condition under this Agreement within forty -
five (45) days after receipt of written notice from City that specifies a specific failure by District
under this Agreement No such failure, however, will be deemed to exist if District has
commenced to cure the default within such period and provided such efforts are prosecuted to
completion with reasonable diligence Delay in cunng a default will be excused if it is due to
causes beyond the reasonable control of District
(d) No Waiver No failure by either District or City to insist upon the performance of
any provision of this Agreement or to exercise any right or remedy upon a breach or default
hereof constitutes a wavier of any such breach or default Any such waiver may be made only
by a writing signed by the Party providing the waiver One or more waivers by a Party is not to
be construed as a wavier by that Party of a subsequent breach or default of the same provision
15 ASSIGNMENT /SUBLEASE Neither the District or the City may transfer its interest under
this Agreement without the consent of the other party, which consent may be withheld in the
party's sole discretion
16 NOTICES Any notice to be given or other document to be delivered by any Party to the
other or others hereunder, and any payments between the Parties, may be delivered in person to
an officer of any Party, or may be deposited in the United States mail in the State of California,
duly certified or registered, return receipt requested, with postage prepaid, or by federal Express
or other similar overnight delivery service or by facsimile transmission with a copy sent via U S
Mail and addressed to the Party for whom intended, as follows
t,�Jl
Lease Option Agreement with FSUSD - Final 05/0412006
To District El Segundo Unified School District
641 Sheldon Street
El Segundo, CA 90245
Facsimile No (310) 640 -8272
With a copy to Atkinson, Andelson, Loya, Rudd & Romo
17871 Park Plaza Drive, Suite 200
Cerritos, CA 90703
Attu Andreas C Chialtas, Esq
To City City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention City Manager
Facsimile No (310) 322 -7137
with a copy to Jenkins and Hogm
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, CA 90266
Attention Mark D Hensley, Esq
Telephone No (310) 643 -8448
Facsimile No (310) 643 -8441
Any Party hereto may from time to time, by written notice to the other, designate a different
address which shall be substituted for the one above specified Unless otherwise specifically
provided for herein, all notices, payments, demands or other communications given hereunder
shall be in writing and shall be deemed to have been duly given and received (i) upon personal
delivery, (n) as of the third business day after mailing by United States registered or certified
mail, return receipt requested, postage prepaid, addressed as set forth above, (in) the immediately
succeeding business day after deposit with Federal Express or other equivalent overnight
delivery system or (rv) upon transmission by facsimile
17 MISCELLANEOUS,
(e) Amendment, Waiver This Agreement cannot be amended, modified or revised
unless done in writing and signed by an authorized agent of the District and an authorized agent
of the City No provision may be waived except in a writing signed by both Parties.
(f) Recordma A memorandum of this Agreement shall be recorded
r
Lease Option Agreement with ESUSD - Final 05(04(2006
(g) Entire Agreement This Agreement and the exhibits attached hereto, all being a
part hereof, constitute the entire agreement of the Parties hereto with respect to the leasing of the
Property and Aquatic Improvements to the City and will supersede all prior offers, negotiations
and agreements
(h) Governing Law This Agreement will be governed by the laws of the State of
California and the venue for all legal and equitable actions shall be the Los Angeles County
Superior Court
(r) Severabilrty If any covenant, term, provision, condition or agreement of this
Agreement is, to any extent, held invalid or unenforceable, the remaining portion thereof and all
other covenants, terms, provisions, conditions and agreements of this Agreement will not be
affected by such holding, and will remain valid and in force to the fullest extent permitted by
law
0) Attorneys' Fees If either District or City commences any litigation or judicial
action to determine or enforce any of the provisions of this Agreement, the prevailing Party in
any such litigation or judicial action is entitled to recover all of its costs and expenses (including,
but not limited to, reasonable attorneys' fees, costs and expenditures) from the non - prevailing
Party
(k) Joint Drafting. This Agreement shall be construed as though it was jointly drafted
and the doctrine than any ambiguity contained in a contract shall be construed against the party
whose counsel drafted the contracted is expressly waived by each of the parties hereto
(1) Third Party Beneficiaries Nothing in this Agreement shall be construed to confer
any right upon any person that is not a signatory to this Agreement
GJ
Lease Ophon Agreement with ESUSD - Final 05/0472006
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed
"DISTRICT"
By-
Chris Powell, President
Approved as to Form
Andreas C. Chlaltas, District Counsel
"CITY"
By
Kelly McDowell, Mayor
Attest
Cindy Mortesen, City Clerk
Approved as to Form-
Mark Hensley, City Attorney
054
Lease Option Agreement with ESUSD - Final 05/04/2006
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[To be attached]
065
Exhibit A
05/04/2006
EXHIBIT B
DEPICTION OF AQUATIC FACILITIES
[To be attached]
0J6
Exhibit B
05/04/2006
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EXHIBIT C
DEFINITIONS
"Aquatic Facilities" mean the following physical improvements that District is required to
construct on the Property two pools, necessary pump, filter and maintenance equipment,
restroom and locker facilities, administrative office space, storage space, concrete pool decking,
a parking lot adjacent to the swim complex, and appropriate fencing and landscaping
"Casualty" means any physical loss, destruction or damage to property which is caused by fire,
windstorm, hail, lightning, vandalism, theft, explosion, collision, accident, flood, earthquake,
collapse, or any other peril "Casualty" does not include any waste or excessive or unreasonable
wear and tear caused by the City
"Hazardous Materials" means any of the following, in any amount (a) any petroleum or
petroleum product, asbestos in any form, urea formaldehyde and polychlorinated biphenyls, (b)
any radioactive substance, (c) any toxic, infectious, reactive, corrosive, ignitable or flammable
chemical or chemical compound, and (d) any chemicals, materials or substances, whether solid,
liquid or gas, defined as or included in the definitions of "hazardous substances," "hazardous
wastes," "Hazardous materials," "extremely hazardous wastes," " restricted hazardous wastes,"
"toxic substances," "toxic pollutants," "solid waste," or words of similar import in any federal,
state or local statute, law, ordinance or regulation now existing or existing on or after the
Effective Date as the same may be interpreted by government offices and agencies, including,
without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other
chlorinated solvents, (u) oil or any petroleum products or fractions thereof, (in) asbestos, (iv)
polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, (vu) radioactive
materials and waste, and (vin) infectious waste It is the intent of the Parties hereto to construe
the term "Hazardous Materials" in its broadest sense
"Hazardous Materials Laws" means any federal, state or local laws, ordinances, codes,
statutes, regulations, administrative rules, policies and orders, and other authority, existing now
or in the future, which classify, regulate, list or define hazardous substances, materials, wastes
contaminants, pollutants and/or the Hazardous Materials, including without limitation the
following statutes and regulations, and any other legal authority, regulations, or policies relating
to or implementing such statutes and regulations
Federal Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ( "CERCLA" or "Superfund "), as amended by the Superfund
Amendments and Reauthorization Act of 1986 ( "SARA "), 42 U S C § 9601 et
seq , Resource Conservation and Recovery Act of 1976 ( "RCRA "), 42 U S C §
6901 et seq , Clean Water Act ( "CWA "), 33 U S C § 1251 et seq , Clean Air Act
( "CAA "), 42 U S C § 78401 et seq , Toxic Substances Control Act ( "TSCA "), 15
U S.0 § 2601 et seq , The Refuse Act of 1899, 33 U S C § 407, Occupational
Safety and Health Act ( "OSHA "), 29 U S C § 651 et seq , Hazardous Materials
Transportation Act, 49 U S C Section 1801, et seq , United States Department of
Transportation Table (49 CFR 172101 and amendments thereto) and the
Exhibit C 057
05/04/2006
Environmental Protection Agency Table (40 CFR Part 302 and amendments
thereto),
California Carpenter- Presley -Tanner Hazardous Substance Account Act
( "California Superfund "), Cal Health & Safety Code § 25300 et seq , California
Hazardous Waste Control Act, Cal Health & Safety Code Sections 25100 et seq ,
Porter - Cologne Water Quality Control Act ( "Porter- Cologne Act"), Cal. Water
Code § 13000 et seq , Hazardous Waste Disposal Land Use Law, Cal Health &
Safety Code § 25220 et seq , Safe Drinking Water and Toxic Enforcement Act of
1986 ( "Proposition 65 "), Cal Health & Safety Code § 25249 5 et seq , Hazardous
Substances Underground Storage Tank Law, Cal Health & Safety Code § 25280
et seq , California Hazardous Substance Act, Cal Health & Safety Code § 28740
et seq , Air Resources Law, Cal Health & Safety Code § 39000 et seq ,
Hazardous Materials Release Response Plans and Inventory, Cal Health & Safety
Code §§ 25500- 25541, Toxic Pits Cleanup Act of 1984 ( "TCPA "), Cal Health &
Safety Code §§ 25208 -25208 17,
Other Laws and Regulations All other regulations promulgated pursuant to said
foregoing laws or any amendments or replacement thereof, provided such
amendments or replacements shall in no way limit the original scope and/or
definition of Hazardous Materials defined herein as of the execution date of this
Agreement
"Laws" means any law, regulation, rule, order, statute or ordinance of any governmental or
private entity in effect on or after the Effective Date and applicable to the Property or the use or
occupancy of the Property, including, without limitation, Hazardous Materials Laws
0.38
Exhibit C
05/04/2006
EL SEGUNDO CITY COUNCIL MEETING DATE. June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING COMMITTEES, COMMISSIONS & BOARDS
AGENDA DESCRIPTION. Consideration and possible action regarding the announcement of the
appointment of a candidate to the one vacancy on the Recreation and Parks Commission
RECOMMENDED COUNCIL ACTION:
(1 ) Announce the appointee to the Recreation and Parks Commission, If any and term of
office,
(2) Alternatively, discuss and take other action related to this Item
BACKGROUND DIS USS ON
Committee /Commission & Board # of Openings Appointees) Term Explrefs)
Recreation and Parks Commission
ATTACHED SUPPORTING DOCUMENTS. N/A
FISCAL IMPACT N/A
06/30/10
ORIGINATED Date. June 12, 2006
JUI O Abreu, Executive Assistant
REVIEWED
Date: June
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
5/26/2006 THROUGH 618/2006
Date
Payee
Amount
Description
5/31/2006
Siemens
44,837 50
Otrly Energy payment
6/1/2006
Health Comp
5,362 DO
Weekly claim 5/26
6/1/2006
Employment Development
41,198 59
State Taxes
61112006
IRS
202,041 52
Federal Taxes
6/5/2006
Federal Reserve
15000
Employee I Bonds
6/5/2006
Federal Reserve
250 DO
Employee EE Bonds
616/2006
CalPERS
323,945 11
PERS Retirement
6/6/2006
Pitney Bowes
1,00000
Library Postage Machine
6/7/2006
CalPERS
261,67827
PERS Health
6/7/2006
Lane Donovan Golf Partners
18,357 52
Lakes payroll transfer
618/2006
Health Comp
1,83057
Weekly claims 6/2
5/25- 6/8/06
Workers Comp Activity
30,576 03
SCRMA checks issued
931,227 11
DATE OF RATIFICATION. 6/20/06
TOTAL PAYMENTS BY WIRE
Certified as to the accuracy of the wire transfers by
(. I
Deputy Treas er Date
l (L Ak 6 bi g-, jA=
Director clmihistrative Servic#
City Manager
6 lf(4
Date
1V /b&
Date
931,227.11
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
b ul I
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, JUNE 7, 2006 - 5.00 P M
5 00 P M SESSION
CALL TO ORDER — Council Member Jacobson at 5 00 p.m.
ROLL CALL
Mayor McDowell -
Absent
Mayor Pro Tern Busch -
Absent
Council Member Boulgarides -
Present
Council Member Fisher -
Present
Council Member Jacobson -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDERS OF BUSINESS
Consideration and possible action to appoint the City Manager as labor negotiator for the
Management/Confidential Employee Group (which includes all City employees who are not
members of bargaining units )
MOTION by Council Member Boulgandes, Seconded by Council Member Fisher to appoint Jeff
Stewart, City Manager, as labor negotiator for the Management/Confidential Employee Group
(which includes all City employees who are not members of bargaining units ) MOTION PASSED
BY UNANIMOUS VOICE VOTE. 3/0 MAYOR MCDOWELL AND COUNCIL MEMBER BUSCH
ABSENT
Council recessed at 5 05 p m
CLOSED SESSION CANCELLED DUE TO A LACK OF QUORUM
0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 1
0 6 `'
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, JUNE 7, 2006 - 7.00 P M.
7.00 P M SESSION
CALL TO ORDER — Mayor McDowell at 7 00 p m
INVOCATION — Chaplain, Captain Bradley Kimble of the Los Angeles Air Force Base
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS —
a Council Member Jacobson read the Proclamation by the Mayor and Members of the City
Council proclaiming Saturday, June 10, 2006 as Super CPR Saturday to encourage
participation in Cardio- Pulmonary Resuscitation training and presented the Proclamation to
Acting Fire Chief Kevin Smith
Council Member Boulgarides presented a Commendation to Cathy Domann, Deputy City
Clerk of the City of El Segundo, for having attained the prestigious Master Municipal Clerk
Academy Program Level One designation.
c. Mayor ProTem Busch presented a Proclamation by the Mayor and Members of the City
Council to Steve Odabashion proclaiming Saturday, June 17, 2006 as Beauty & The Beach
Day in El Segundo, a community beach cleanup effort spearheaded by the El Segundo
Power, LLC and members of the El Segundo Kiwanis Club
ROLL CALL
Mayor McDowell -
Present
Mayor Pro Tern Busch -
Present
Council Member Boulgardes -
Present
Council Member Fisher -
Present
Council Member Jacobson -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda The Council will respond to comments after
Public Communications is closed
Jack Kenton, resident, spoke regarding the Residential Sound Installation Program and the
reimbursement of residents who previously paid a portion of their RSI
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 2
0613'
Betty Taylor, Whole Foods, spoke on Item 18, ABC License for the new market located at Plaza El
Segundo and requested the Council approval.
Linda Copperman, resident, spoke regarding the RSI Program and requested that apartment
complex owners also be reimbursed for their portions paid for previous RSI
A PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher 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
Consideration and possible action to conduct a Public Hearing and adopt a Resolution
approving an updated Urban Water Management Plan (UWMP) for the City of El Segundo
Municipal Water System. (Fiscal Impact; None)
Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding
adoption of a Resolution approving an updated Urban Water Management Plan (UWMP) for the
City of El Segundo Municipal Water System
City Clerk Mortesen stated that proper notice was completed and no communications had been
received in the City Clerk's Office
Steve Finton, Public Works Director, gave a report
Resident, requested that the Recreation and Parks look into classes on drought resistant
landscaping
MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the
public hearing MOTION PASSED BY UNANIMCUS VOICE VOTE 5/0
MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson to approve
Resolution No 4468 approving adoption of the Urban Water Management Plan for 2005 MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
C UNFINISHED BUSINESS
2. Consideration and possible action regarding the presentation of Fiscal Year 2005 -2006
Midyear Financial Budget Review, approval of Fiscal Year 2006 -2007 Budget Preparation
Calendar
Bret Plumlee, Administrative Services Director, gave a report
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 3
r,6 r
Council consensus to receive and file Fiscal Year 2005 -2006 Midyear Financial presentation and
direct staff to proceed with Fiscal Year 2006 -2007 Budget Calendar.
D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
3 Consideration and possible action regarding the setting of a date and time for interviewing
candidates to the Recreation and Parks Commission,
Council consensus to set date for interviews of candidates to the Recreation and Parks
Commission, at 6 30 p m., Tuesday, June 20, 2006.
4 Consideration and possible action to approve the Recreation and Parks Commission's
recommendation to place the name of Rex C Kenyon on the Freedom Park Memorial
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson, to approve
Recreation and Parks Commission's recommendation to place the name of Rex C Kenyon on the
Freedom Park Memorial 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
5 Approved Warrant Numbers 2553392 to 2553691 on Register No 16 in the total amount of
$2,053,898 76 and Wire Transfers from 5/5/2006 through 5/25/2006 in the total amount of
$1,946,089 59.
6 Approved City Council Meeting Minutes of May 16, 2006
7 PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER
8. Authorized City Manager to approve increasing an existing purchase order with MRH
Structural Engineers by $110,000 for plan review services (Fiscal Impact - $110,000,
expenditures are offset by revenue collected for plan review services paid by developers).
9 Approved Professional Services Agreement No. 3602, in a form approved by the City
Attorney, to administer the 2006 -2007 Community Development Block Grant (CDBG)
Program between the City of El Segundo and Tina Gall for an amount not to exceed
$17,100 per year Contract period July 1, 2006 through September 30, 2009 with an
option for annual review and renewal not to exceed a total of three years (Fiscal Impact:
$17,100 annually) Authorized the City Manager to execute
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 4
0 65
10. Approved Professional Services Agreement No 3603, in a form approved by the City
Attorney, to implement the Community Development Block Grant (CDBG) Juvenile
Diversion Project between the City of El Segundo and South Bay Youth Project (South Bay
Youth Project is sponsored by the City of Redondo Beach, a chartered municipal
corporation) for an amount not to exceed $16,000 Contract period July 1, 2006 through
September 30, 2009 with an option for annual review and renewal not to exceed a total of
three years (Fiscal Impact. $16,000 annually) Authorized the City Manager to execute
11 Authorized the City Manager to execute an amendment to a Memorandum of Agreement
(MOA) No, 3374 with the City of Redondo Beach to extend the term of the MOA until July 1,
2008, for continued development of an Implementation Plan for Jurisdictional Groups 5 & 6
in compliance with Total Maximum Daily Load (TMDL) regulations mandated by the
California Regional Water Quality Control Board (Fiscal Impact $1,300 estimate)
12 Accepted the work as complete on the project for Rehabilitation of Continental Boulevard
from El Segundo Boulevard to Grand Avenue approved Capital Improvement Project —
Project No PW 05 -12 (Final Contract Amount- $148,208.70) Authorized the City Clerk to
file a Notice of Completion in the County Recorder's Office.
13 Adopted Resolution No 4469 required by the Public Contract Code Section 20168 declaring
that a state of emergency existed at the intersection of Mariposa Avenue and Douglas
Street during the period of April 21, 2006 to April 28, 2006 due to the damage caused by the
breakage of a 12 -inch diameter water main and authorizing staffs previous efforts to make
emergency procurement required to repair the damage and protect public health, safety and
welfare, and approval of payments to contractors that repaired said damage (Fiscal
Impact $64,802) Approved a payment in the amount of $7,861 83 to Doty Bros
Equipment Company for repair of the water main Approved a payment in the amount of
$38,540 17 to Sequai Contractors, Inc. for removal and replacement of damaged asphalt
and concrete improvements Approved a payment in the amount of $18,400 to the Pressure
Grout Company for pressure infection of grout to fill voids under the intersection
14 Approved participation by the EI Segundo Police Department in a "California Seat Belt
Compliance Campaign" (CSBCC) sponsored by the California Office of Traffic Safety
Participation includes one -time grant funding in the amount of $14,981.
15 Authorized the City Manager to issue a letter of concurrence to the Los Angeles World
Airports to utilize a radio frequency adjacent with one assigned to the City
MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes to approve
Consent Agenda Items 5, 6, 8, 9, 10, 11, 12, 13, 14 and 15 MOTION PASSED BY UNANIMOUS
VOICE VOTE 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 5
066
CALL ITEMS FROM CONSENT AGENDA
Consideration and possible action regarding adoption of a resolution amending the City
Clerk's Department Records Retention Schedule for City Council Meeting Audio and Video
and Web Video Tapes.
MOTION BY Council Member Fisher, SECONDED by Council Member Jacobson to adopt
Resolution No. 4471 amending the City Clerk's Department Records Retention Schedule for City
Council Meeting Audio and Video and Web Video Tapes Technology sub - committee to return to
Council with a proposal to keep these as permanent records MOTION PASSED BY UNANIMOUS
VOICE VOTE 5/0
F NEW BUSINESS
16 Consideration and possible action regarding the Police Department utilizing up to $149,785
of funds accumulated in the Fiscal Year 2005/2006 Equipment Replacement Schedule to
purchase Motorola mobile and /or portable radios (Fiscal Impact. $149,785)
Jack Wayt, Police Chief, gave a report.
MOTION by Mayor ProTem Busch, SECONDED by Council Member Jacobson, Pursuant to El
Segundo Municipal Code Sec 1 -7 -10, waive the bidding process and purchase mobile and
portable radios through a "piggyback" arrangement to an existing Los Angeles County Master
Pricing Agreement MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
Staff to do a survey to ascertain the applicability of obtaining mobile units for Fire Department also
City Manager Stewart suggested that this be addressed during the budget cycle
17 Consideration and possible action to adopt a Resolution implementing a program to
reimburse certain homeowners in the City of El Segundo for costs Incurred while
participating in the City's Residential Sound Insulation (RSI) Program. (Fiscal Impact.
$284,187)
City Manager Jeff Stewart gave a report.
MOTION by Mayor ProTem Busch, SECONDED by Council Member Boulgandes to adopt
Resolution No 4470 adopting policies and procedures for distributing settlement funds to
residential homeowners participating in the Residential Sound Insulation program and authorize
staff to notify eligible homeowners of their ability to apply for reimbursement of expenses
MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
18 Consideration and possible action regarding three new Alcoholic Beverage Control (ABC)
licenses for a new market currently under construction at a new shopping center (Plaza El
Segundo) located at 760 South Sepulveda Boulevard, EA No 682 and AUP No 05 -03.
Applicant Mrs Gooch's Natural Foods Markets, Inc. (aka Whole Foods), c/o Lanny
Kusaka
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 6
06i
Seimone Jugis, Planning & Building Safety Director, gave a report
Council consensus not to protest the Issuance of three new Alcoholic Beverage Control (ABC)
licenses for a new market currently under construction at Plaza El Segundo, 760 South Sepulveda
Boulevard, Mrs Gooch's Natural Foods Markets, Inc.
19 Consideration and possible action regarding an existing agreement with Consolidated
Disposal Services, Inc. to extend the term of the agreement for a five -year period at a fixed
3 18% cost Increase in the first year and no cost increases during the remaining term for
continued residential and municipal solid waste and recycling collection and disposal
services (Fiscal Impact $613,200 annually for five years)
Steve Fenton, Public Works Director, gave a report
MOTION by Council Member Boulgandes, SECONDED by Council Member Fisher to authorize the
City Manager to execute an amendment to the existing Agreement No 2410 with Consolidated
Disposal Services, Inc in a form as approved by the City Attorney, to extend the agreement for a
five -year period at a fixed 3 18% cost Increase in the first year and no cost increases during the
remaining term MOTION PASSED BY UNANIMOUS VOICE VOTE 510
G REPORTS — CITY MANAGER — Congratulations to Cathy Domann for attaining her MMC
level one, and commented on her efficiency and professionalism
H REPORTS — CITY ATTORNEY — NONE
I REPORTS — CITY CLERK
J REPORTS — CITY TREASURER
K REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher— NONE
Council Member Jacobson — NONE
Council Member Boulgandes — Requested a debriefing on the Disaster Drill held recently
Mayor Pro Tem Busch — Reported on Little League Baseball playoffs Congratulated the High
School Baseball Team for their appearance at the CIF Finals.
Mayor McDowell — Reported on a meeting with Don Brann, Wiseburn School District
Superintendent. Announced the appointment of his brother Rob to the Federal Aviation
Commission He also commented on the Author's Fair presented by the Library Announced that
John Gaines is recovering from his recent illness
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 7
X68
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
Mike McAllister, resident, spoke regarding reimbursement to the RSI recipients who paid a portion
of their sound Insulation
MEMORIALS — Nancy Scott, mother of newly elected Mayor of Torrance Frank Scotto, Ray
Parcell, retired, long time aerospace employee and Rotarian, Thelma Einstein Bernstein, actress
and singer, and property owner of some mayor business sites in El Segundo and mother of Clifford
Einstein and Albert Brooks, and John Hauck, brother of former Recreation & Parks Director Stacia
Mancini
CELEBRATIONS - Birth of Emily Michelle Plumlee daughter of Bret and Michele Plumlee.
ADJOURNMENT at 8 30 p m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 7, 2006
PAGE NO 8
069
EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the award of a contract to Damon Construction
for repair and maintenance of curbs, sidewalk and curb ramps citywide - Project No PW
06 -05 (Fiscal Impact = $92,386 00)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Award contract to the lowest responsible bidder, Damon
Construction, in the amount of $92,386.00; (2) Authorize the City Manager to execute the
contract on behalf of the City; (3) Alternatively discuss and take other action related to this
item
BACKGROUND & DISCUSSION:
The project is an annual contract for curb and sidewalk repair throughout the City On April
4, 2006 the City Council approved plans and specifications and authorized staff to advertise
the project for receipt of construction bids On May 23, 2006 the City Clerk received and
opened five (5) bids
Staff recommends award of contract to the lowest responsible bidder, Damon Construction,
in the amount of $92,386 00
(Background and Discussion continue on the next page...
ATTACHED SUPPORTING DOCUMENTS:
Map of proposed locations
FISCAL IMPACT.
Capital Improvement Program-
$40,00000
Operating Budget
$50,00000
Amount Requested:
$92,38600
Account Number-
106 - 400 - 8203 -6206 ($40,000) 001- 400 - 4202 -6206 ($50,000)
Project Phase.
Award of contract
Appropriation Required, Yes
$2,386 00 (106 -400- 8203 -8608)
ORIGIN ED DATE.
St ve Fint (rector of Public Works �G
REVIEW j
DATE: 6 1?
Jeff , City Manager
7
BACKGROUND AND DISCUSSION CONTINUED:
BID RESULTS
1 Damon Construction Co $ 92,386 00
2 Y &M Construction $ 97,127 50
3 M 3 Services $115,61707
4 CJ Concrete Construction, Inc. $133,010.00
5 Belaire -West Landacape, Inc $152,48800
ADDITIONAL APPROPRIATION
The budget for this project is $90,000.00 ($40,000 00 through the FY 2005 -06 Capital
Improvement Program and $50,000 00 through Public Works Department operating
budget) An additional appropriation in the amount of $2,386.00 is required to fund the
proposed contract Gas tax funds are available to cover the requested appropriation from
the balance of appropriations remaining after completion of the Continental Boulevard
rehabilitation
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of Contract Change Orders in
conjunction with construction of the Douglas Street Gap Closure Project. (Fiscal Impact =
$71,490.76)
RECOMMENDED COUNCIL ACTION:
Recommendation - (1) Authorize the Director of Public Works to execute Change Orders
Numbers 2, 3, 6 and 8 to the existing Public Works Agreement with SEMA Construction, Inc
in the total amount of $71,490 76, and (2) Alternatively discuss and take other action related to
this item
BACKGROUND & DISCUSSION:
On June 21, 2005, the City entered into a Public Works Agreement in the amount of
$19,939,025 with SEMA Construction, Inc for construction of the Douglas Street Gap Closure
Project City Council also authorized a construction contingency in the amount of 10% of the
contract amount ($1,923,903) for additional work required due to potential unforeseen
conditions
(Please see 'Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS:
Maps of completed work (2 pgs )
FISCAL IMPACT:
Capital Improvement Program-
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required
BY•
$1,923,900
$71,49076
301- 400 - 8203 -8949 ($32,543,050)
Construction
No
Finton,'birector of Public Works
Jeff
x110/
DATE:
C� Y3 8
BACKGROUND & DISCUSSION- (continued)
Status
Construction has been underway since November 28, 2005 and the work is on schedule for
completion in July 2007. To date, most of the work has been related to utility relocations and
storm drain construction (see attached map) Below is a status of the completion of the main
elements of the project
Item of Work
% . -
Edison Electrical System
60%
Oil Line relocations Shell /Crimson
-
ExxonMobil
100%
Pacific Pipeline
15%
SBC Relocation
60%
Storm Drains
50%
City Water Mains
30%
County Water Main
60%
Excavation for roadway
10%
Retaining Walls for Roadway
30%
Pedestrian Bride
-
Railroad Bride
-
Shoofl
40%
Transit Center Parkin Lot
-
Traffic Signal
-
Street Lighting
Payments and Grant Reimbursement
Payments to contractor to date $4,290,322 79 (22% of contract)
Grant reimbursements received to date $3,221,748.25
Approval of Change Orders
As the work progresses, unforeseen conditions may require the contractor to perform work at
additional cost under a change order. Also, if a more efficient way to construct the project is
identified, cost savings can be accomplished through credit change orders To date, four
change orders have been negotiated It is recommended that Council authorize the Director of
Public Works to execute the change orders described below The change order numbers are
referenced by the Construction Engineer's numbering system and are not in sequence As
issues are encountered during construction, change order numbers are assigned to each issue
such that any additional costs can be tracked separately Staff has deemed Change Orders 2,
3, 6 and 8 to be valid and negotiated change order costs with the contractor Change Orders
1, 4, 5, and 7 are still issues that may or may not result in formal contract change orders to be
considered by Council
6 74
This change order
changes
➢ Increase diameter of Los Angeles County Department of Public
($8,82900
Works barrier water main from 45" to 48 ". 48" pipe is more readily
credit)
available and less expensive Los Angeles County approved the
credit)
change
essential due to the construction of a parallel transmission main
➢ Increase the length and diameter of jacked steel casing from 85 to
$87,93700
160 feet and increase the diameter from 54" to 60" This casing
will house the County's water main Extending the casing
Douglas intersection could not be constructed per plan due to
enhanced the constructability and expedited the work.
➢ Install 1,937 Lineal Feet of High Density Polyethylene (HDPE)
($109,583 61
storm drain pipe in lieu of the same length of Reinforced Concrete
credit)
Pipe (RCP) in non - traffic bearing locations. HDPE pipe is much
easier to install and provides comparable structural support.
Total Change for Change Order No 2 (30,465 61
credit)
This change order
➢
Delete the contract item for installation of 1,100 lineal feet of 12"
($173,600 00
water main Much of this water main was determined to be non-
credit)
essential due to the construction of a parallel transmission main
under this project The remainder of the main in the Park Place
Douglas intersection could not be constructed per plan due to
underground conflicts. Therefore, staff recommends deleting the
item and renegotiating for a price to install the remainder of the
main per a different design Deletion will have no effect on the
function of the City's waters stem
➢
Construct modifications to the water system in the Park
$143,61925
Place /Douglas Intersection As indicated in the above, the water
mains in the intersection of Park Place and Douglas could not be
constructed per plan due to various underground conflicts The
ultimate installation was more difficult to install due to additional
depth and utilities to protect Staff negotiated a price to install the
mains according to a new design Additionally, an additional 8"
water main crossing was installed near Rosecrans Avenue to
maintain water service to customers on the east side of Douglas
Street during construction and to enhance water quality
➢
Pothole existing utilities. This work includes digging to find utilities
$25,00000
in conflict with construction. Doing so before construction saves
money because plans can be made to avoid or relocate the
conflict and reduce delay claims by the contractor
➢
Relocate water mains City water mains were discovered to be in
$96,94712
conflict with storm drain construction at 5 locations The water
mains were relocated the vicinity of the storm drain alignment
Total Change for Change Order No 3 $91,966.37
v 7,,
This change order accomplishes the
➢ Substitute Crushed Miscellaneous Base for Crushed Aggregate
($36,26072
Base Material This material is used under the roadway and
credit)
parking lot to provide additional strength Crushed Aggregate
Base is composed of all virgin aggregate Crushed Miscellaneous
Base consists of a blend of virgin and recycled aggregates and is
less expensive and more readily available The substitution will
not affect the strength of the roadway
➢ Steel prices escalated after the bid opening and the contractor
$36,26072
submitted a claim for escalation in price for steel bridge
components Bid prices are fixed for sixty days after bid opening
Due to delays in executing the contract past the sixty days, the
City was exposed to escalation claims By executing this change,
the contractor has agreed to shield the City from all other potential
cost escalation claims with the exception of asphalt concrete
Total Change for Change Order No 6 $000
This change order accomplishes the following changes.
➢ Compensation to contractor for apprentice training Incompliance $10,000.00
with Federal Funding Requirements, the contract documents
require that the contractor provide apprentice training. The
contract requires that the City reimburse the contractor $0 80 per
hour per apprentice trained It is estimated the 12 apprentices will
be trained for 6 months The amount of this change order is an
estimate The contractor will only be reimbursed for the actual
hours of training provided not to exceed the change order amount.
Total Chanqe for Chanqe Order No. 8 $10,00006-
Balance of Contingencv
City Council authorized a 10% contingency ($1,923,903) to cover additional work discovered
during construction The following indicates the balance of available contingency funding
Contingency Amount
$1,923,903.00
_
Total of Change Orders to date
$71,490 76
Balance of Contingency Funding
Additional Change Orders
$1,852,412.24
Additional change orders have been encountered and are currently being negotiated These
change orders will be submitted for Council consideration in the future Staff continues to work
with the contractor and the construction manager to mitigate additional costs and to identify
and implement measures to reduce costs
c;Y6
Douglas Street Gap Closure Completed Work June 12, 2006
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Electrical System
•� Complete
Storm Drain Complete
Water Mains Complete
.............. Retaining Walls
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. RR Shoolfly Ballast
• r Complete
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Douglas Street Gap Closure Completed Work June 12, 2006
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RR Shoolfly Ballast
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Rosecrans Ave.
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE- June 20, 2006
AGENDA HEADING: Consent Agen(
Consideration and possible action regarding award of contract to S &L Specialty Contracting,
Inc for construction related to Group 9 (25 residences) and Professional Building Contractors,
Inc for construction related to Group 10 (23 residences) of the Residential Sound Insulation
Program (Estimated construction cost and retention $2,075,610)
RECOMMENDED COUNCIL ACTION.
1) Award contract to S &L Specialty Contracting, Inc , 2) Award contract to Professional
Budding Contractors, Inc , 3) Authorize the City Manager to execute construction contracts in
a form approved by the City Attorney, and 4) Alternatively discuss and take other action
related to this item
BACKGROUND & DISCUSSION:
On May 25, 2006 the City Clerk's office opened sealed bids for Group 9 (RSI 06 -03) and
Group 10 (RSI 06 -04) of the City's Residential Sound Insulation Program Two bids were
received for each group and the results of the bid openings were as follows
Group 9 (RSI 06 -03)
1 S &L Specialty Contracting, Inc $ 848,200 00
2 Professional Building Contractors, Inc $ 888,200 00
Group 10 (RSI 06 -04)
1 Professional Building Contractors, Inc $1,038,718 00
2 S &L Specialty Contracting, Inc $1,100,600 00
(Please see attached page entitled "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS'
1) Bidder's Proposal and Statement from S &L Specialty Contracting, Inc for Group 9
2) Bidder's Proposal and Statement from Professional Building Contractors, Inc. for Group 10
FISCAL IMPACT
Operating Budget $2,500,000
Amount Requested $2,075,610
Account Number: 116 -400- 0000 -8960
Bid Groups: 9 and 10
Appropriation Required, X Yes _ No
ORIGINATED. DATE. June 1 20U6
Seimone J r i e r of Planning and Building Safety
REVIEW DATE:
Je Yar�tCityManager
9
07,j
Backaround and Discussion (cont.
A review of the Bid from S &L Specialty Contracting, Inc for Group 9 was performed, and
proved to be responsive S &L Specialty Contracting, Inc is performing construction work on
Groups 5 (31 residences), Group 6 (36 residences), Group 7 (21 residences) and Group 8 (24
residences) on the City's RSI Program
A review of the Bid from Professional Building Contractors, Inc for Group 10 was performed,
and proved to be responsive S &L Specialty Contracting, Inc performed the construction
work on Group 3 (49 residences) of the City's RSI Program
The amount requested for the contract with S &L Specialty Contracting, Inc would be
$933,020, which includes the Total Bid of $848,200 00 from S &L Specialty Contracting, Inc
and an additional 10% of that Total Bid for potential change orders related to unforeseen
conditions
The amount requested for the contract with Professional Building Contractors, Inc would be
$1,142,590, which includes the Total Bid of $1,038,718 00 from Professional Building
Contractors, Inc , and an additional 10% of that Total Bid for potential change orders due to
unforeseen conditions
The contracts differ in their amounts due to the scopes of work associated with the individual
residences being treated in each Group Group 9 (25 residences) is comprised of seven (7)
single family homes and eighteen (18) multi -family units, while Group 10 is comprised of
twenty (20) single family homes and three (3) multi -family units The cost difference between
groups can also be attributed to the scopes of work being customized to each residence,
including the number of windows and doors to be replaced, the mechanical equipment to be
installed to provide proper ventilation, "Upgrades" requested by some property owners, and
other necessary improvements as determined by the architects and engineers
The bids for Group 9 were within 5% difference of each other, and the bids for Group 10 were
within 6% of each other, typical of tight and accurate bidding and detailed specifications and
scopes of work
As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound
Insulation Program are covered by federal grant funding from the FAA Remaining expenses,
with the exception of elective "Owner Upgrades" selected by property owners, are now covered
by the new settlement with Los Angeles World Airports (LAWA)
To date, the RSI Program has completed work on 323 residences It is anticipated that at the
completion of Group 10, 411 residences will have been completed by the City's RSI Program
With the new funding from LAWA, it is anticipated that the program will treat 300 residences
annually Construction at the new pace is expected to begin in January 2007 with Group 11,
as these designs are currently being completed
�D
BIDDERS'S PROPOSAL AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 06 -03
"Residential Sound Insulation Program — Group 9"
PROPOSAL
To the Mayoi and City Council
City of El Segundo
350 Main St
Et Segundo, CA 90245
The undersigned declares that he/she has carefully examined the location of the proposed work
and has otherwise satisfied himself/herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he /she has examined the Contract Documents, and has read the accompanying `BIDDING
INSTRUCTIONS" and hereby agrees to provide the following
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program — Group 9" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit
ID
Address
Description
Property
Cost Subtotal
901
770 W Imperial Avenue
#100
RSI Improvements
$
�t8,� $��� °°
902
770 W imperial Ave #5
RSl Improvements
i
$ It vma l
901
310 W Imperial Ave #5
RSI Improvements
�
$ -zS v
Air Conditioning and all
associated electrical
3 \ODD
904
1 947 Virginia Street RSI Improvements
$ 111D Pm
$ 4O =°'
905
941 Loma Vista Street
RSI Improvements
$ 3Ak lOtvA
$ 3N z�
906
621 West Walnut Avenue
RSI Improvements
$ `,50 ZmC
$
907
948 Cedar Street Unit A
RSI Improvements
$3� \ODD°°
Air Conditioning and all
associated electrical
$
908
948 Cedar Street, Unit B
RSI Improvements
$ Z4 Ou--->
$
909
948 Cedar Street, Unit C
RSI Improvements
$ ZU u.
$ O ccu"
9 10
1000 East Acacia Avenue
RSI Improvements
$ IS tAD °'
ou
\mow
Gara e windows
9 11
] 022 E Imperial Ave #I
RSI Improvements
9 12
1022 E Imperial Ave #2
RSI Improvements
$Z pbPD
Bidder's Proposal and Statement
Group 9
City of El Segundo
Residential Sound Insulation Program r 8.1
�
9 13
1022 E Imperial Ave #3
RSI Improvements
$ O`°
$ 3o-m
9 14
1022 E Imperial Ave #4
RSI Improvements
$3 ls:t; D
$
9 15
1022 E Imperial Ave #5
RSI Improvements
$ 23 tom"'
_
9 16
1022 E Imperial Ave #6
RSI improvements
$33,°on°'
9 17
1026 E Imperial Ave 41
RSI Improvements
$ 3 S cl °'
$ 3'S IOVO.a
9 18
1026 E Imperial Ave #2
RSI Improvements
$ zok t°'
9 19
1026 E Imperial Ave #3
RSI Improvements
$
920
1026 E Imperial Ave 44
RSI Improvements
$
921
1026 E Imperial Ave #5
RSI Improvements
$ 214% ,Oblty
$ iOiA w
922
1026 E Imperial Ave #6
RSI Improvements
$ 372 Ott°"
$
923
833 Sheldon Street
RSI Improvements
$
Windows #13 and #14
1J'
9 24
746 Loma Vista Street
RSl Improvements
$ ak NJ D
$ 36� km'-°
925
941 Virginia Street
RSI Improvements
SA-k.rzvf7
$ 4-�r
Total vBid (Contract Sum)
c
(words)
(figures)
In case of discrepancy between the words and figures. the words must prevail
NOTICE. BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents If awarded the contract for the Work, the undersigned hereby agrees to
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date
Bidder s Proposal and Statement 2 City of El Segundo
Group 9 Residential Sound Insulation Program
08�
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California
Name of Firm�i��
3!5 s. F- rzt.nlU�• SFr-cP�-
Address �1'r; ctt. -e- 1 32-1)
Telephone Number 3iJ� " 4-7
Contractor's License Number l "/ (10 l ( 0
Type of License B (2/ a b
1
License Expiration Date - -3 1 - 07
Type of Entity 11 Sole Proprietorship ❑ Partnership corpomtion 0 Other
Bidder's Proposal and Statement
Group 9
City of El Segundo
Residential Sound Insulation Prog" ,�
BIDDERS'S PROPOSAL AND STATEMENT
CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA
Project Number RSI 06 -04
"Residential Sound Insulation Program - Group 10"
PROPOSAL
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has carefully examined the location of the proposed work
and has otherwise satisfied himself/herself as to the nature and location of the work, and is full
informed as to all conditions and matters which can in any way affect the work or cost thereof,
that he /she has examined the Contract Documents, and has read the accompanying "BIDDING
INSTRUCTIONS" and hereby agrees to provide the following
To furnish all labor, materials, equipment, transportation, and services and to do all the work
required for the "Residential Sound Insulation Program - Group 10" in strict conformity with
the Contract Documents and at the following lump sum price, to Wit
Bidder's Proposal and Statement
Group 10
City of El Segundo
Residential Sound Insulation Program lfJ
JAddress
Property
ID
Description
IS
Cost
Subtotal;
1001
770 W Imperial Avenue
RSI Improvements
#63
x�G
S�� ,
1002
905 Dune Street
1 RSI Improvements
S
Doors B, C, and
D S
,
upgrades
-
110 03
738 Redwood Avenue
RSI Improvements
S"-
'
Door B Upgrade
S
S
1004
654 W Sycamore Avenue
RSI improvements
$
1005
646 W Sycamore Avenue
RSI Improvements
S
Door C Upgrade
$
�` G
Window tint
$
Air Conditioning and all
$
associated electrical
S
10 06
415 West Palm Avenue
RSI Improvements
$
.V
Door C upgrade
$
7
l(p
Window tint
$
q
$ 7
10 07
617 Whiting Street
RSI Improvements
$
Q ;f z
Window grilles
S
10 08
224 West Maple Avenue
RSI Improvements
0
$
47,t �e° 3
Provide pull down stairs
$
/1
S y3�
Bidder's Proposal and Statement
Group 10
City of El Segundo
Residential Sound Insulation Program lfJ
1009 201 West Maple Avenue
RSI Improvements
$ 3 I
$ 11
10 10
935 Cypress Street
RSI Improvements
$ Z
$ 4
10 11
324 East Acacia Avenue
RS1 Improvements
$ 7
$ 7:5,732
Hardware at Door A
$
10 12
925 Eucalyptus Drive
RSI Improvements
$ 3/0 3
$ 56 Z65
10 13
920 Eucalyptus Drive
RSI Improvements
$ 4
$ 7 a
1014
835 Eucalyptus Drive
RSI Improvements
$ /
$ "
10 15
307 East Walnut Avenue
RSI Improvements
$
Air Conditioning and all
associated electrical
$
10 16
217 E Sycamore Avenue
RSI Improvements
$ 7-757
$ Gi 785%
Op ue lass at Door E
$ 7 LV,
10 17
808 McCarthy Court
RSI Improvements
$ 21
Door A Upgrade
$ Q
Hardware at Doors A & B
$
10 18
831 Bungalow Drive
RSI Improvements
Window & Door tint
10.19
205 E Maple Avenue,
Unit A
RSI Improvements
$
Air Conditioning and all
associated electrical
$ 7,-)
1020
205 E Maple Avenue,
Unit B
RSI Improvements
$ �J
_
$�(1 fJ /
Air Conditioning and all
associated electrical
$ �,t
1021
747 Virginia Street
RSI Improvements
$ 41 6� ilo
r
$ 7 / 06 C
Garage window
$ / ��
1022
750 Loma Vista Street I RSI Improvements $' /r 4c
Air Conditioning and all
associated electrical $ `, ,' +o.
Textured glass for Door B 1 $
10 23 629 West Oak Avenue RSI Improvements $,
Window and Door brit $
_Low E glass at Doors A -C $rc % Cl
Door A upgrades
Total Bid (Contract Sum)
/ r
c� i�(i tt 11tI /CiCIFJ 7it�� �t (!C�1 Iii 4e-I /il�Cf�l
% (words)
(figures)
In case of discrepancy between the words and figures, the words must prevail
NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND
ILLEGIBLE BIDS MUST BE DISQUALIFIED
NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values, If the
Total Bid does not equal the total of the Schedule of Values, it is grounds for
Bidder's Proposal and Statement 2 City of El Segundo
Group 10 Residential Sound Insulation Program p
rejection of the Bid. Furthermore, inconsistencies between the Schedule of
Values and the Plans for each Dwelling are grounds for rejection of the Bid
This bid is based upon completing the work as set in the Construction Schedule published in the
Contract Documents If awarded the contract for the Work, the undersigned hereby agrees to
sign the contract and furnish the necessary bonds not more than ten (10) calendar days after
Notice to Proceed date
Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten
percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the
undersigned. The undersigned further agrees that in case of default in executing the required
contract with necessary bonds and insurance, within the time limits above specified, said bonds
or check and money payable therein must be fortified to and become the property of the City of
El Segundo, State of California
Name of Firm
Address-
Telephone Number
Contractor's License Number
1`
125 Sheldon St., El Segundo, CA 90245
310 -524 -0590
765663
Type of License Class B
License Expiration Date 7/31/07
Type of Entity, El Sole Proprietorship El Partnership:gCorporation ❑ Other
I declare under penalty of perjury that the foregoing is true and correct
Contractor Representative
Title
Ridiard S. WiLliaw
President
Signature
Dated this 25th day of
2006
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement
Group 10
City of El Segundo
Residential Sound Insulation Program
�' c U
EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
AGENDA DESCRIPTION,
Consideration and possible action to accept the project for surface refurbishment of seven (7)
tennis courts and a basketball court at Recreation Park (339 Sheldon Street) Approved
Capital Improvement Project - Project No PW 06 -02 - (Final Contract Amount = $ 31,960 )
RECOMMENDED COUNCIL ACTION-
Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office, and (3) Alternatively, discuss and take
other action related to this item
BACKGROUND & DISCUSSION:
On March 21, 2006, the City Council awarded a contract to Trueline in the amount of $31, 960
for the surface refurbishment of seven (7) tennis courts and a basketball court at Recreation
Park All work has now been completed to the satisfaction of the City and staff recommends
acceptance of the project The final contract amount is $31,960
ATTACHED SUPPORTING DOCUMENTS
Notice of Completion
FISCAL IMPACT:
Operating Budget
Capital Improvement Program-
Amount Requested.
Account Number:
Project Phase.
Appropriation Required,
$40,000
$31,960
301 -400- 8202 -8644
Accept the work as complete
No
ORIGINATED J" DATE: June 6, 2006
St ven Firiton _ Director of Public., Works
At 10
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Tennis Courts and Basketball Court Surface Refurbishment
Project No PW 06 -02
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that
1 The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described
2 The full name of the owner is City of El Segundo
3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the interest of the owner is Public Recreation Park
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on June 6, 2006 The work done was Surface refurbishment of seven (7)
tennis courts and a basketball court
6 On June 20, 2006, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder
7 The name of the Contractor for such work of improvement was Trueline
8 The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows City
recreation facilities
9 The street address of said property is 339 Sheldon Street
Dated
Steve Finton
City Engineer
VERIFICATION
I, the undersigned, say I am the Director of Public Works /City Engineer of the City El Segundo, the
declarant of the foregoing Notice of Completion. I have read said Notice of Completion and know the
contents thereof, the same is true of my own knowledge
I declare under penalty of per jury the foregoing is true and correct
Executed on , 2006 at El Segundo, California
Steve Fenton
Director of Public Works /City Engineer
Notice of Completions \PW 06 -02 lfl 0 0
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
DESCRIPTION.
MEETING DATE. June 20, 2006
AGENDA HEADING, Consent Agar
Consideration and possible action to accept the project for Installation of American with
Disabilities Act (ADA) compliant Automatic Doors at the west entrance to City Hall (outside
City Council chambers), and the main entrance of the Police Department Approved Capital
Improvement Project - Project No PW 05 -13, CDBG Project No 600803 -05
(Final Contract Amount = $ 37,250)
RECOMMENDED COUNCIL ACTION-
Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a
Notice of Completion in the County Recorder's Office, and (3) Alternatively, discuss and take
other action related to this item
BACKGROUND & DISCUSSION:
On February 7, 2006, the City Council awarded a contract to Don La Force Associates Inc , in
the amount of $37,250 for the installation of ADA doors at the west entrance to the City Hall
and the main entrance of the Police Department All work has now been completed to the
satisfaction of the City and staff recommends acceptance of the project
This project is funded by the Community Development Block Grant (CDBG) program
ATTACHED SUPPORTING DOCUMENTS-
Notice of Completion
FISCAL IMPACT.
Operating Budget.
Capital Improvement Program:
Amount Requested.
Account Number:
Project Phase:
Appropriation Required:
$60,000
$37,250
111 -400- 2781 -8498
Accept the work as complete
No
ORIGIN TED DATE. June 6, 2006
Cfnvan Finfnn niranfnr of Pi iKhr 1A /nrke
089 1
1
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Installation of ADA Automatic Doors at the City Hall and Police Department
Project No PIN 05 -13
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that
1 The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described
2 The full name of the owner is City of El Segundo
3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the interest of the owner is Public Buildings
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on June 9, 2006 The work done was Installation of ADA Doors at the
West Entrance to the City Hall and the Main Entrance to the Police Department
6 On June 20, 2006, City Council of the City of El Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder
7 The name of the Contractor for such work of improvement was Don La Force Associates Inc
8 The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows City
Buildings
9 The street address of said property is 348, 350 Main Street
Dated
Steve Finton
City Engineer
VERIFICATION
I, the undersigned, say I am the Director of Public Works /City Engineer of the City El Segundo, the
declarant of the foregoing Notice of Completion. I have read said Notice of Completion and know the
contents thereof, the same is true of my own knowledge
I declare under penalty of per jury the foregoing is true and correct
Executed on 2006 at El Segundo, California
Steve Finton
Director of Public Works /City Engineer
Notice of CompletionsTV106 -02 U J U
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: June 20, 2006
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding the approval of the examination plans and revised
class specifications for the Personnel Merit System fob classifications of Battalion Chief and
Fire Engineer
RECOMMENDED COUNCIL ACTION:
1) Approve the Examination Plans for Battalion Chief and Fire Engineer,
2) Delete current class specifications for Battalion Chief and Fire Engineer,
3) Approve and add revised class specifications for Battalion Chief and Fire
Engineer;
4) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the
Personnel Officer shall review and recommend to the City Manager, who in turn shall
recommend to the City Council, an appropriate examination plan and weights for each portion
of the examination for Personnel Merit System fob classifications
Approval of exam plans for Merit System job classifications in all City Departments has been
required since the passage of initiative Ordinance No 586 in April 1962
ATTACHED SUPPORTING DOCUMENTS:
Revised class specifications for Battalion Chief and Fire Engineer
FISCAL IMPACT- None
Operating Budget:
Amount Requested*
Account Number.
Project Phase-
Appropriation Required: _Yes X No
ORIGINATED:
REVIEWED
kire Chief
DATE. June 6, 2006
DATE: (/13/6(
ci9
2
BACKGROUND & DISCUSSION Cont.:
For departments other than the Police and Fire Departments, the plan may consist of any
one or combination of the following techniques
1 Written,
2 Oral,
3 Demonstration,
4 Any evaluation of education, experience, or skills or physical fitness, which fairly
evaluated the relative capacities of the applicants
Police and Fire Departments:
The examination plan, for entrance or promotional, for the Police and Fire Departments,
shall consist of a written examination and one or more of the following
Oral,
Demonstration,
Any evaluation of education certification, experience, or skills or any test of
manual skills or physical fitness, which fairly evaluates the relative capacities of
the applicant
The current need for these exams is in anticipation of vacancies.in these ranks as a result
of projected retirements The last recruitment process for these positions were developed
and conducted by an outside testing firm and the proposed exams will be developed and
conducted in house by Fire Department and Human Resources Division staff
Battalion Chief
(Closed Promotional /Open Competitive)
Written Exercise Weighted 20%
Structured Technical and Career Preparation Interview Weighted 40%
Tactical Exercise(s) Weighted 40%
Candidates must pass each phase in order to be placed on the eligibility list
Fire Engineer
Written Test (multiple choice)
(Closed Promotional)
Weighted 25%
Candidates must achieve a score of 70% or higher on the written test in order to continue in
the examination process
Performance Test Weighted 75%
Pre -trip Inspection 10%
Driving 15%
Street Driving
Rodeo Driving
Pumping Operations 25%
Aerial Ladder Operations 25%
L192
Candidates must pass each phase of the performance test - Pre -trip, Driving, Pumping
Operations, and Aerial Ladder Operations, in order to have their name entered on a
promotional employment eligibility list
Should a candidate fail any portion of the driving tests, or be deemed to operate any piece of
equipment in an unsafe manner, he /she will not be allowed to continue in the examination
process
Revisions to the class specification for Fire Engineer include changing the experience
requirement from a vague statement of any combination of education and /or experience that
has provided the knowledge, skills, and abilities necessary for satisfactoryjob performance to
two years experience as a full -time firefighter with the El Segundo Fire Department Additions
to desirable education /training include Fire Apparatus Driver /Operator 1A and IB and State
Firefighter I and II certification Changes were also made to the special requirements of the
position to address agreements from the El Segundo Firefighters' Association Memorandum of
Understanding These changes include the additional requirement for candidates for Engineer
to possess a valid Class "A" California driver's license as of August 24, 2006 The exam plan
for the position has been amended to include the breakdown of the weights of the various test
phases
Revisions to the class specification for Battalion Chief include making possession of a Chief
Officer certification desirable instead of a requirement The exam plan for the position has
been amended to allow for a Closed Promotional /Open Competitive exam instead of the
Closed Promotional only
093
City of El Segundo, CA Job Description
Job Code* 403
BATTALION CHIEF
Definition Under general direction, plans and manages designated operations of the City's Fire
Department in providing fire suppression, prevention, inspection, emergency medical services, disaster
preparedness and /or hazardous materials programs
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
Reviews and develops policy and procedures related to assigned function(s), assists the Chief in the
efficient operation of the Department overall
Responds to and establishes the incident Command Post for a full range of emergency situations
including fires, hazardous materials incidents, mass casualties, explosions, radioactive materials,
entrapments, vehicle accidents, bomb threats, acts of civil disobedience and violence, responds to
mutual /automatic aid to assist other jurisdictions, conducts field inspections of fire, hazardous materials
and emergency management operations, directs the preparation of activity reports, special reports and
other communication
Develops comprehensive plans to meet the City's future needs for fire, hazardous materials and /or
emergency management services, manages and coordinates activities with those of other agencies,
monitors and maintains appropriate City involvement in multi - jurisdictional matters
Provides leadership, program development, administration and coordination of designated Department
operations, special projects and services, monitors for compliance with City and Department policy and
procedures and Federal, State and local codes and regulations, serves as liaison with the community,
professional groups and other external contacts and resources for the City
Identifies training needs, develops goals and objectives for Department and individual training activities,
develops and delivers specific training programs applicable to all aspects of fire and Department related
services, identifies external resources for providing training, maintains records and prepares reports,
develop and monitor individual career development plans
Coordinates designated Fire Department operations with activities of other programs, departments or
staff to ensure program delivery according to appropriate policies, procedures and specifications, confers
with and advises staff and the public in providing advice, problem solving assistance, answers to
questions and interpretation of Department procedures, goals and policy
Participates in the development of the annual budget including personnel, training, equipment, materials
requirements and capital improvements, makes revenue and expenditure projections, develops program
budgets, monitors budget expenditures and authorizes purchasing, monitors and evaluates program
costs
Resolves discrepancies or procedural problems and responds to program administration and /or delivery
questions ensuring necessary follow -up occurs, assists with, provides input and monitors Department
records for operational and budget development and accountability, maintains records, conducts research
0191
and writes comprehensive reports, prepares and presents written and oral reports to other City
departments, City Council, commissions, task forces, agencies and other groups
Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff, provides for
and /or conducts staff development, establishes work methods and standards, initiates corrective and /or
disciplinary action and responds to grievances and complaints according to established personnel
policies and procedures and in consultation with the Chief and Human Resources
Knowledge Skills and Other Characteristics,
Knowledge of principles, practices and techniques of fire prevention, suppression, inspection, hazardous
materials and emergency management
Knowledge of fire department organization and management
Knowledge of techniques and equipment used in fire fighting
Knowledge of labor relations, negotiations and labor law
Knowledge of adult learning principles
Knowledge of automated business computing systems
Knowledge of the principles and practices of effective management and supervision
Knowledge of protect management principles and practices
Skill in the conduct of all facets of fire management and fieldwork
Skill in program development, implementation and evaluation
Skill developing and delivering professional and technical training
Skill in conducting complex procedural and statistical analyses
Skill in assessing objectives and operational requirements to develop and implement appropriate policies
and procedures for the City and the Department
Skill in managing, developing, motivating and evaluating professional and support staff
Skill in managing special projects, activities and programs
Skill in conducting research and preparing clear, concise and comprehensive reports
Skill in understanding and applying complex regulations, procedures and guidelines
Skill in communicating effectively orally and In writing
Skill in the use of personal computers and office/financial related software in a Windows -based operating
environment
Skill working under pressure, handling significant problems and tasks that arise simultaneously and /or
unexpectedly
Skill establishing and maintaining effective working relationships with staff, other City employees, and the
public
Licensing /Certification Reauirements
Possession of current EMT and CPBXerhficphons
ossession of a valid Class C California driver's license,and a satisfactory driving record
Possession of State Chief Officer Certification is desirable
Qualifications
Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8)
years experience in the fire service including 4 years as a Fire Captain and possess a Bachelors 4egree
or 10 years of service as a Fire Captain with the El Segundo Fire Department If the promotional testing
is declared to be open - competitive, the requirements for outside candidates shall be equivalent to the
educational requirements and /or equivalent to the time in rank in a fuli4ime professional fire department
(Bachelor's degree or equivalent iUaquired effective July 1, 2006)
Deleted -1
Deleted Cendicatlon
1 Deleted State Chief Officer
Certification or equivalent ¶
Deleted approprutte to egmpmenit �I
operatatl
Deleted Degree ,
Deleted
Deleted
005
CITY OF EL SEGUNDO
FIRE ENGINEER
DEFINITION
Under general supervision, drives, operates, and maintains firefighting apparatus and related equipment,
responds to fire and other emergency calls, fights fire, mitigates hazardous materials emergencies, and
provides other services, performs related duties as required
EXAMPLES OF DUTIES
Duties may Include, but are not limited to, the following
1 Inspects fire vehicles to ensure presence of appropriate equipment and operational efficiency, cleans
and performs minor maintenance, drives firefighting apparatus and other units to emergency sites in a
safe and efficient manner, locates hydrants, attaches hoses, and operates pumps at proper
pressures, evaluates adequacy of water system and available water supply
2 Participates In fire extinguishment, ventilation, salvage, rescue, and other operations, operates
various firefighting, control, and rescue equipment such as pumps, ladders, air chisel, and extrication
tools, lays hose lines and directs water streams into fires
3 Provides emergency medical services to Individuals In need of such care, provides care consistent
with standards and permitted procedures established for patient care
4 Inspects and clean ;various firefighting equipment and apparatus, performs routine and preventive
maintenance on equipment as necessary, assists In maintaining clean and orderly conditions in and
about the fire station
5 Participates in inspections of public and commercial buildings for fire prevention and target hazard
Identification and review
6 Participates in training and development activities to maintain current knowledge of technological
advancements, geographical layout of streets and addresses, operation of all fire apparatus, and
other relevant Information
7 Interacts with and represents the Department to the community and the public at large
8 May participate in special projects, develop and /or conduct training, maintain records, prepare
reports, and perform work assignments while serving on various committees
9 May provide direction and training to Firefighter personnel and serve as acting Captain as required
{ Education and /or Experience
,Two years experience as a full -time firefighter with the El Segundo Fire Department
The following education /trammq �
Supplemental specialized training in .fire lechnologv. in the areas of fire hydraulics apparatus
equipment and tactics and strategy
Deleted
Deleted J
Deleted. Any combination of
education and /or experience Nat has
provided the knowledge skills and
abilities necessary for satisfactory job
performance Example cumbmabons
Include t
Deleted r
(�- Dee-lleted.TT
Formatted Font Anal
Deleted,, ,l
Formatted Indent Left 05" j
Formatted Font Anal
F Deleted F
�1
{ Formatted Font Anal
Deleted supplemented by
specialized training in Fire
Technology
096
FIRE ENGINEER
Pane 2
California State Fire Marshal Training and Educaboncourses in the areas of Fire Command tA, Fire -
Command 1B Fire Prevention 1A Fire Apparatus Driver/Operator 1A and Fire Apparatus
Driver /Operator 1 B_
Possession of a California State Firefighter I andJl certificate
I.
Knowledoe. Skills. and Abilities
Considerable knowledge of fire safety laws and ordinances, firefighting methods and techniques, operation
and maintenance of pumping engines and ladder trucks, practical/ applied hydraulics, location of hydrants and
water mains, traffic regulations and Crty, geography, principles and practices observed in rendering emergency
medical services Knowledge of firefighting strategy and tactics, the Incident Command system, and alarm
assignment responses Ability to drive and operate firefighting equipment skillfully under a variety of
conditions, compute engine and nozzle pressures, act effectively and quickly In emergency situations, prepare
manual drawings of locations to scale, read electrical, gas, water, and propane valves, work effectively and
cooperatively with others, understand and follow verbal and written directions
Special Requirements
Possession ofva valid Class B California driver's license, and a satisfactory driving record, current EMT and
CPR certifications
Possession of a alid Class A California driver's license Is required after August 24 2006
Depending upon assignment, the followmgg_aniapauon may be regwred_
Breathing Apparatus Repast
,Examiner in the Department's DMV Employer Testing Program
I.
tire fire -eng wpd
l Formatted• Normal, Justified
Deleted 211
and tactics and strategy 9 I
Deleted C _ z�
Forman athW Indent Left 05"
Deleted and
Deleted 9
Deleted
t Formatted. Indent First line 0 5" 1
Deleted. ¶
1
Deleted. FIRE ENGINEER
Papa 1t{
Deleted o,abilitytoobt.,h
Deleted State Firefighting II
certificate is desirable
Deleted any or
Deleted.
I Formatted Indent First fine 0 5"
I Deleted Certificate
Deleted may be required
Deleted- Function as an e
Deleted 1
9
9
a
A
7
P
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7
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1
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7
a
097
EL SEGUNDO CITY COUNCIL
MEETING DATE: June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of a Resolution authorizing the City
Manager to bid and award contracts for equipment and vehicles funded in the FY 2005 -2006
Equipment Replacement Fund and approval to retire and surplus identified equipment and
vehicles (Fiscal Impact = $873,538)
RECOMMENDED COUNCIL ACTION:
Recommendation
1) Adoption of Resolution;
2) Authorize Mayor to sign the Resolution,
3) Authorize staff to surplus and sell equipment and vehicles identified in Exhibit and /or,
4) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION:
(Please see `Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS:
1 Resolution
2 Exhibit A — FY 2005 -2006 Equipment Replacement Recommendations
FISCAL IMPACT- $873,538
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
Equipment Replacement Funds
$873,538
601 - 400 - 2601 -8105 ($64,298)
601 -400- 3101 -8105 ($288,520)
601 - 400 - 3202 -8105 ($7,000)
601 - 400 -4202 -8105 ($87,998)
601 - 400 -5102 -8105 ($69,200)
601 - 400 -4202 -8104 ($5,500)
601 -400- 5102 - 8104($8,500)
Annual Purchase
No
Fmton,'Dlrector of Public Works
601 - 400 -4101 - 8105($44,950)
601 -400 -3201 - 8105($25,475)
601 -400- 3205 -8105 ($26,000)
601 - 400 -4205 -8105 ($66,309)
601 -400- 7102 -8105 ($148,394)
601 - 400 -4301 -8104 ($21,000)
601 -400- 7102 -8104 ($10,394)
DATE: 6113
DATE:
098
13
BACKGROUND & DISCUSSION: (continued)
The City of El Segundo has an inventory of over 350 units including 220 pieces of equipment
(i e , generators, mowers, compressors, etc) and 130 pieces of rolling stock The majority of
the City's rolling stock is light duty vehicles such as sedans, pick -up trucks and SUVs The
remaining stock is specialized units such as fire trucks, backhoes, dump trucks and tractor
loaders
Funding
Each City department pays a capital recovery charge for each unit annually in the Equipment
Replacement Fund The Fund allows departments to replace units in accord with the normal
useful life of each unit In FY 2005 -2006, $2,603,500 was budgeted for vehicle and equipment
replacement costs
The last equipment replacement recommendations were approved by Council in FY 2001-
2002 for the purchase of nine units at a cost of $320,490 Since that time, equipment
replacement has been deferred due to fiscal constraints. More vehicles and equipment
require replacement this year due to the past deferrals.
Redeployment of Used City Vehicles
Many vehicles in the City fleet are redeployed once they are replaced by a new unit. For
example, a police patrol car may be refurbished and redeployed as pool car. Then, the pool
car that is replaced by that redeployed patrol car is sent to auction The same goes for many
of the pick -up trucks in the Public Works and Recreation and Parks Departments The
replacement budget for units that will be replaced by a redeployed unit is usually $5,000
These funds are used to refurbish units before they are deployed back into the fleet
Interdepartmental Consultation
Public Works Staff worked with staff from the Police, Fire and Recreation and Parks
Departments to provide the vehicles and equipment that met their needs The City's inventory
was evaluated considering age, mileage and mechanical condition. Based on that review,
staff identified 29 units that require replacement, 13 units to deferto a subsequent year and 5
units that will be replaced with redeployed vehicles
Purchasing Process
Staff recommends City Council authorize the City Manager or designee to bid and award
contracts for the replacement of 29 units Staff will take all reasonable measures to obtain
competitive pricing including soliciting bids and awarding contracts to the lowest responsible
bidder, and /or piggybacking other governmental contracts such as the State of California and
other counties, cities and special districts
List of Vehicles and Equipment
Exhibit A summarizes purchase, redeployment and surplus recommendations for FY 2005-
2006 The total estimated cost of purchases is $873,538 all of which is approved and
available in the FY 2005 -2006 Equipment Replacement Fund Staff recommends approval of
the accompanying Resolution authorizing the City Managerto bid and award contracts forthe
equipment and vehicles listed in Exhibit A
U99
RESOLUTION NO
A RESOLUTION WAIVING BIDDING REQUIREMENTS IN THE EL
SEGUNDO MUNICIPAL CODE AND AUTHORIZING THE CITY
MANAGER TO BID, AWARD, AND EXECUTE CONTRACTS FOR
SPECIFIC EQUIPMENT
The City Council of the City of El Segundo does resolve as follows.
SECTION 1: The City Manager, or designee is authorized to bid and award
contracts for the equipment and vehicles listed in the attached Exhibit "A" which
is incorporated by reference
SECTION 2 Pursuant to El Segundo Municipal Code ( "ESMC") § 1- 5A -7(I), the
City Manager is authorized to execute all contracts awarded pursuant to this
Resolution without further City Council approval.
SECTION 3 The City Manager, or designee, may take all reasonable measures
to obtain competitive prices for the equipment and vehicles in Exhibit "A ". While
the procedures set forth in SSMC §§ 1 -7 -6 to 1 -7 -9 should generally be followed,
failure to follow those procedures will not render transactions authorized by this
Resolution void The City Manager may, but is not required to, seek additional
City Council approval for transactions made pursuant to this Resolution
SECTION 4: Pursuant to ESMC § 1 -7 -10, the City Council waives the bidding
requirements listed in the ESMC in favor of those listed above for the items
specified in Exhibit "A"
SECTION 5 The authorizations granted by this Resolution will expire after all
transactions in Exhibit "A" are complete or upon termination by City Council
action.
SECTION 6. The City Clerk is directed to certify the adoption of this Resolution,
record this Resolution in the book of the City's original resolutions, and make a
minute of the adoption of the Resolution in the City Council's records and the
minutes of this meeting
100
SECTION 7 This Resolution will become effective immediately upon adoption
and remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this _ day of 2006.
APPROVED
Mark D Hen
a
Berger, A,fsistant City Attorney
G'
Kelly McDowell, Mayor
101
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 June, 2006, 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 June,
2006
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
i��
Exhibit A - FY 2005.2006 Equipment Replacement
Purchase, Redeployment and Surplus Recommendations
Soiled by Recommendabon
3101
PD
4005
Truck, Ford Pu;k-up
1993
77,737
1 Defer until FY 06/07
3101
PD
4006
Van, GMC
1993
12,178
Deferunhl FY06/07
3101
PD
4300
Van Chevrolet As"
1995
22 501
Defer until FY 06/07
4601
PW EM
#2271
Brake Machine, Ammo 4000
1980
NA
Deferunhl FY 06/07
4601
PW EM
#2268
Engine Scanner Snap-On
2000
NA
Defer until FY 07/08
4601
PW EM
R565
Emission Testar
2000
NA
Defer until FY 07/08
4202
PW Street
2642
Trader, MAlerbdt
1980
NA
Defer unlit FY 06/07
u
R
m°
rc
4202
PW Street
2615
Mower, Rotary Roof 942151
1998
1 NA
Defer until FY 07/08
m
Truck -Super Duly, Ford LN 700
�
4205
PW Traffic
2625
Aerial Bucket
1982
26,294
1 Defer until FY 06107
7102
PW Water
10044
Earth Boning Machine
1993
NA
Deferreplacement indefinite)
7102
PW Water
2515
Pump, Wacker P013A,
1999
NA
Defer until FY 08/07
7102
PW Water
1 2571
Pump Homelde 120TP3
1969
NA
Defer until FY 06107
4301
PW WW
2309
Sewer Rodding Machine
2001
NA
Defer until FY 06/07
$101
PO
4027
Motorcycle, Kawasaki
1996
32,065
Nore lacament Sell unit 4027 at auction
3101
PD
4132
Sedan Fab Crown Victoria
1997
722,610
Nore lacament Sell unit 4132 at auction
i
3101
PD
4370
Sedan, Buick Regal
1994
110,168
Nore lacament Sell unit 4370 al auction
a
m
4202
PW Street
2816
Mower, Ford Holla
1995
NA
Na replacement Sall unit 2816 at auction
b �
4202
PW Street
1 2684
Concrete Mixer, Essick 62-C
1979
1 NA
INorepilacement Sell unit 2684 at auction
Replace with tike un,L Existing unit will be kept
3201
Fire Admm
3370
Sedan, Mercury Grand Marquis
1999
99,683
inserviceandreplace und3358
Replace with like unit and sell unit 3311 at
3205
Fire Enure
3311
Sedan, Mercury Grand Marquis
1995
90,497
auction
Replace with unit Met can maintain emergency
rights and PD adlo Current electric and is
limited In range and opeatonal time, and has
mechanical dd8culhes $Be unit 4032 at
3101
PD
4032
Utili Vehicle
2002
2,549
auction
Replace wit like unit and sell unit 4302 at
3101
PD
4302
om Amroslar
1992
27,520
auction
Replace wit like unit and sell unit 4321 at
3107
PD
4321
. Fom Crown Vic[oda
7997
88.425
auction
[GEM
Replace wit like unit and sell unit 4325 at
3101
PD
4325
Memu Grand Margws
1999
103,670
auction
Replace wit like unit and sell umt 4375 at
3101
PD
4375
, Buick Re 1
1995
700300
auction
Replace wit like unit and sell unit 4376 al
3101
PD
4376
, Buick Regal
1995
111,295
auction
w
Replace vnh like unit and sell unit 4378 at
3101
PD
4378
Van, Chevrolet Astro
1998
93,523
auction
3
Replace wit hke unit and sell unit 4379 at
Y
3701 1
PO 1
4379
SUV, Chevrolet Blazer
1998
100,037
auction
i
Replace with like unit Unit 4120 auctioned
3101
PD
4120
Sedan Ford Crown Victims
1997
72,695
05/06
Replace wit like unit Existing unit will be kept
3101
PD
4140
Sedan, Ford Crown Victoria
2000
92 883
In service and replace 2803
Replace mh like unit Existing unit will be kept
3101
PD
4377
Sedan Mercury Grand Marquis
1997 1
70 034 Imserviceandreplaca,1371
Replace wit like unit Existing unit will be kept
3101
PD
4319
Sedan, Mercury Grand Marquis
2002
42 134
in service and replace unit 4372
Replace with like unit Existing unit will be kept
3101
PD
4324
Sedan MercuryGrand Marquis
1999
66 156
in service and re lace umt4384
Replace with utility service buck and sell unit
2601
PW GOO
2102
Van ChevroletA"
1992
36,543
2102 at auction
Replace with utility service buck and sell unit
2601
PW Govt
2116
Van, Chevrolet As"
1991
52,061
2116 at auction
Replace with like unit , upgrade to diesel and
4202
PW Street
2654
Trick - Super Du ,FordF Oiler
1989
81,641
sell unit 2654 at auction
Replace with like unit and sell unit 2687 at
4202
PW Street
2687
Sprayer FMC
1988
NA
auction
1 of 2 611312006
Exhibit A - FY 2005.2006 Equipment Replacement
Purchase, Redeployment and Surplus Recommendations
Sorted by Recommendation
104
2 of 2 6113/2006
Truck - Light Duty w/ Utility Bed, Ford
Replace with lake Una, upgrade to one ton state
4202
PW Street
2601
F250
1992
73,129
bed, add IRt to and sell unit 2601 at auction
Replace with like undand sell unit 2675 at
4205
PW Traffic
2675
Truck - Light Duty. Ford F350 (Paint)
1990
72 350
auction
Replace with like wit and sell wit 2675A at
4205
PW Traffic
2675A
Paint Machine and Equipment
NA
NA
auction
Replace with like unit and retain unit 251210
facilitate Rec Park lighting maintenance and
7102
PW Water
2512
Forklift, H ter S50F
1982
1177 H
other Park functions
a
Replace with like unit and sell wit 2503 at
7102
PW Water
2503
Thick - Light Duty, Chevrolet 250
1991
86207
lauchon
$
a
7102
PW Water
2530
Backhoe, Case 580K
1969
3086 H
Replace with like unit, add pavement breaker
attachment and sell unit 2530 at auction
i
Replace with like unit and sell unit 2375 at
4301
PW WW
2375
Pump Peabody 6TCCDD
1986
1172 H
auction
Replace with like unit and sell unit 6400 at
5102
Rec Park
6400
Truck - Super Duty. Ford Chi r
1984
62226 H
auchon
Replace with like unit and sell unit 6416 at
5102
Rec Park
6416
Tractor, Garden
1999
NA
auction
Replace with like unit and sell unit 6418 at
5102
Rec Park
6418
Mower, X -Mark
1998
NA
auction
Replace win unit 3370 and sell unit 3358 at
3202
Fee Sulip
3358
Sedan, Ford Crown Victoria
1994
103,442
auction
Replace with unit 4319 and sell unit 4372 at
3101
PD
4372
Sedan, Suck Rapt
1994
89,855
auction
22
Replace with unit 4324 Umt 4384 auctioned
i.
3101
PD
4384
Sedan Ford Escort
1988
83,350
10MI04
n
Replace with unit 4377 and sell unit 4371 at
3101
PD
4371
Sedan, Brock Regool
1994
119,006
auction
Replace win unit 4140 and sell unit 2803 at
4101
1 PW En gin
1 2803
Sedan, Ford Taurus lCoty Yard
1993
59,555
lauctsm
Replaced with like unit 02/06 Sell unit 2620 at
0
4202
PW Sheet
2620
Generator - Small, Honda
1997
NA
auction
Replaced with like unit 02/06 Sell um12644 at
L
4205
PW TmKc
2644
Generator, Small - Honda
1994
NA
auchon
c N ,r
Replaced wain like unit 11/05 Sell and 2301 et
m p
4301
PW WW
2301
Sevier Podding Machine
1995
NA
auction
ry
a_
Replaced with like unit 11/05 Sell unit 2377 al
y
4301
PW WW
2377
Pump, Wacker
1991
NA
auction
K
104
2 of 2 6113/2006
EL SEGUNDO CITY COUNCIL MEETING DATE- June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for a new retail establishment under construction at a new shopping center (Plaza El Segundo)
located at 720 South Sepulveda Boulevard, EA No 706 and AUP No 06 -4 Applicant Cost
Plus Inc (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION.
1 Determine that the City Council does not protest the Issuance of a new Type 20 ABC
license at 720 South Sepulveda Boulevard and /or,
2 Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to It
for review The ABC regulations require a 30 -day review and comment period, for alcohol
sales at restaurants, after notification of the local police and planning departments The
grounds of a protest should relate to public health, safety or welfare concerns According to
the most recent Crime and Arrest statistics report (June 2005 — December 2006, Exhibit Al)
prepared by the Police Department, the proposed restaurant Is located in Reporting District
(RD) 318 Based on reported data prepared by the Police Department, the district had a total
of 20 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
(continued on next page )
ATTACHED SUPPORTING DOCUMENTS:
1 Crime and Arrest Statistics by Reporting Districts (RD) (Exhibit Al)
2 Police Reporting Districts Map (Exhibit B)
3 Approval Letter to Applicant dated May 31, 2006 (Exhibit C)
4 Planning Commission Staff Report dated June 8, 2006 (Exhibit D)
FISCAL IMPACT: None
Operating Budget, N/A
Amount Requested, N/A
Account Number: N/A
Project Phase N/A
Appropriation Required: _Yes x No
ORIGINATED BY. DATE: 6��006
Seimone Jugis, irector of Planning and Building Safety
I:1 =kT1D i49]
JeffBWWart, City M
DATE,
10D
14
STAFF REPORT: June 20, 2006 PAGE 2
BACKGROUND & DISCUSSION: (cont.)
larceny -theft, motor vehicle theft, and arson), and 16 felony and misdemeanor arrests The
Police Department and the Department of Planning and Building Safety have no concerns
regarding the issuance of the three ABC license types
The approval of the ABC license request would be for the convenience of providing
alcoholic beverages for sale which compliment the other food and hard goods available to
the applicant's customers and not a necessity A new license is required, since the retail
store is under construction as part of a new shopping center (Plaza El Segundo) and the
applicant does not currently hold a Type 20 license On May 31, 2006, the Director of
Planning and Budding Safety Department approved an Administrative Use Permit
application (EA No 706 and AUP No 06 -4) for 720 South Sepulveda Boulevard The
Director conditioned the approval of the Administrative Use Permit to limit the retail store's
hours of operation to 9 am to 9 pm Monday through Saturday and from 10 am to 7 pm on
Sunday with extended hours of operation during the holiday season The holiday hours of
operation (Thanksgiving Day through New Year's Day) would be from 8 am to 11 pm daily
The Director's decision was forwarded to the Planning Commission on June 8, 2006 The
Planning Commission chose to Receive and File the item and the conditions of approval
The ABC license review Is a separate application from the City's AUP process, which
requires mandatory findings that are regulated by the Department of Alcohol Beverage
Control The Department of Alcohol Beverage Control (ABC) In addition to reviewing the
City's AUP approval is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before the issuance of any type
of license
P \PBS\PROJECTS \701 - 725 \EA - 706 \EA -706 ccreport doc
i06
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD JUNE - DECEMBER 2005
PART I CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD
RD
PART ICRIMES
FELONY /MISD
ARRESTS
TOTAL
PERCENTAGE +/-
101
20
9
29
+520%
102
8
9
17
-100/0
103
5
5
10
-470/0
104
11
9
20
+5D /o
105
6
6
12
-37%
106
9
5
14
-260/0
107
IS
33
48
+152%
108
4
11
15
-210 /0
109
5
13
18
-5%
110
5
3
8
-580/0
111
0
21
21
+10%
112
13
13
26
+37%
113
4
17
21
+11%
114
3
19
22
+160 /D
115
0
0
0
0%
116
0
15
15
-210 /D
201
9
11
20
+5%
202
2
28
30
+58%
203
9
6
15
-210 /0
204
3
19
22
+16%
205
8
10
18
-5%
206
6
12
18
-5%
207
9
22
31
+63%
206
17
13
30
1 +58%
209
16
31
47
+147%
210
8
21
29
+53D/D
211
12
14
26
+37%
212
4
20
24
+260/b
301
9
14
23
+210/0
302
5
8
13
-32%
303
6
25
31
+63%
304
1
7
8
-58%
305
7
17
24
+26%
306
1
1
2
-890/0
307
0
0
0
0%
308
22
47
69
+263%
309
12
19
31
+630 /D
310
2
3
5
-74%
311
5
8
13
-320/0
312
8
5
13
-32%
313
0
2
2
-89%
314
4
14
18
-5%
315
0
7
7
-630/a
316
4
2
6
-68%
317
1
13
14
-26%
318
20
16
36
+690 /0
319
26
19
45
+137%
320
3
4
7
-63%
321
4
4
8
-58%
322
2
0
2
-89%
323
0
1
1
-950/0
324
4
2
6
-680/0
TOTALS
357
633
990
Number of Reporting Districts = 52
Average # of Part I Crimes per Reporting District = 7
Average # of Felony/ Misdemeanor Arrests per Reporting District = 12
Average # of Crimes and Arrests per Reporting Distract = 19
(Results from 06 /01 /20D5 through 12/31/2005
Records /eg
Page 1
1/27/2006
107
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Elected Officials
Kelly McDowell,
Mayor
Eac Busch,
Mayor Pm Tom
Jim Bouigandas,
Council Member
Carl Jacobson,
Council Member
Bill Fish.,,
council Member
Cindy Mortasan,
City Clerk
Ralph Lanpha",
City Treasurer
Appointed Officials
JaHray Stewart,
Qty Manager
Merit D Nenslay,
City Attorney
Department Directors
Bill Crewe, A"hitant City
Manager
Bret Plumlea,
Admmishabve Services
Norm Angelo,
Fir, Chief
Dab" Brighton,
Library & Cable S.oea
Saimone JurJis,
Planning and Building
Sefaty
Jack Wayi
Polka Chief
Steven Fmton,
Public Works
Vacant
Racraahon B Porker
www elsegundo org
Department
May 31, 2006
Jane L Baughman
Cost Plus, Inc
200 4th Street
Oakland, CA 94607
1
®f Planning and Building Safety
RE Environmental Assessment No. EA -706 and
Administrative Use Permit (AUP) No. 06 -4
Request to Sell Beer and Wine for Off -Site Consumption in
Conjunction With the Operation of a New Retail Store (Type 20
State of California Alcoholic Beverage Control License)
Address: 720 S. Sepulveda Boulevard
Dear Ms Baughman
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15-22,
the Director of Planning and Budding Safety Department has APPROVED
Administrative Use Permit No 06 -4 for the on -site sale and off -site
consumption of beer and wine at the new retail store The Director has
not identified a reason to oppose the issuance of a Type 20 license by the
Alcoholic Beverage Control for the off -site consumption of beer and wine
at 720 S Sepulveda Boulevard The following are the findings and facts in
support of each finding for this decision
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No. 706
Finding 1
The proposed project for permitting the sale of alcoholic beverages
is consistent with uses allowed in the recently approved 425,000
square -foot shopping center on a 110 -acre site The development
was approved through Environmental Assessment No 631,
Development Agreement No 03 -1, General Plan Amendment Nos
03 -4 & 03 -5, Zone Change Nos 03 -2 & 03 -3, Zone Text
Amendment No 04 -1, and Subdivision No 03 -7 (Vesting Tentative
Tract No 061630) with conditions A certified Final Environmental
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
4
l09
Impact Report (EIR) was required and approved for the development of the
shopping center
Facts in Support of Finding 1
1 The applicant proposes to provide for the sale of beer and wine for off -site
consumption at the proposed retail store CEQA does not require an
environmental assessment if the project consists of permitting the sale of alcohol
within a previously approved shopping center currently under construction
Additionally, no expansion of the building is proposed The subject tenant will be
located within the Plaza El Segundo shopping center, which has previously been
approved under a certified Final Environmental Impact Report
2 The 18,301 square -foot retail store is located at 720 South Sepulveda Boulevard
in a commercial shopping center currently under construction
Administrative Use Permit 06-4
Finding 1
• There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located
Facts in Support of Finding 1
1 The applicant proposes to provide the on -site sale of beer and wine for off -site
consumption at a retail store The 18,301 square -foot retail store will be located
within the Plaza El Segundo shopping center at 720 S Sepulveda Boulevard
The retail store will devote approximately 1,288 square -feet of floor area to the
sale of beer and wine located in the north west corner of the building In addition,
alcohol products may be cross - merchandised in other departments within the
store
2 The minimum number of required parking spaces for the retail store (based upon
the proposed uses) is 61 stalls and 93 parking spaces are provided
3 The surrounding land uses include commercial uses, offices, and light and
heavy industrial uses The proposed retail store that will sell alcohol for off -site
consumption will be compatible with the surrounding uses
4 The store must obtain a State of California Alcohol and Beverage Control (ABC)
license for sale and off -site consumption of beer and wine (Type 20 Alcoholic
Beverage Control License)
_L
2
5 The hours for alcohol sales will be the same as those hours the retail store is
open The retail store hours of operation will be limited to 9 am to 9 pm Monday
through Saturday and from 10 am to 7 pm on Sunday with extended hours during
the holiday season The holiday business hours (Thanksgiving Day through New
Year's Day) would be limited to 8 am to 11 pm daily
6 The General Plan land use designation for the site is Commercial Center
7 The zoning for the site is Commercial Center (C -4) Retail stores are a permitted
use in this Zoning District The proposed use (off -site sale of alcohol at retail
establishments) requires an Administrative Use Permit in accordance with ESMC
§ 15 -5G-4B
8 On June 8, 2006, the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request
Finding 2
• The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located,
Facts in Support of Finding 2
1 The General Plan land use designation for the site is Commercial Center
2 The zoning for the site is Commercial Center (C -4) Retail stores are a permitted
use in this Zoning District The proposed use (on -site sale and consumption of
beer and wine and off -site sale of alcohol at retail establishments) requires an
Administrative Use Permit in accordance with ESMC § 15 -5G -46
3 The purpose of the Commercial Center (C-4) Zone is intended to provide for
developing commercial establishments (retail and services) serving the City and
surrounding area The proposed use is consistent with this purpose of the zone
in that the retail establishment will sell beer and wine as a complimentary product
to the variety of food, household goods, and entertainment products available for
purchase
4 The proposed use is consistent with the Land Use Element in that the
Commercial Center Land Use Category is intended to permit a mixture of
community- serving retail, restaurants and other commercial service uses in an
integrated shopping center design to serve a broad cross section of the City and
surrounding area
5 The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
111
3
uses, primarily within a mixed -use environment, without adversely affecting the
viability of Downtown
6 The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers
7 The surrounding land uses include commercial retail, office, and light and heavy
industrial uses The proposed retail store will be compatible with the surrounding
uses Other business establishments including a grocery store in the same
district will have alcohol licenses for the sale of beer and wine
Finding 3
® The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity
Facts in Support of Finding 3
1 Alcohol sales will be completed within the retail store that will be located within a
newly constructed budding with on -site parking
2 The surrounding land uses include commercial, heavy industrial and light
industrial uses The proposed retail store which will sell beer and wine for off -site
consumption will be compatible with the surrounding uses
3 The retail store hours of operation will be limited to 9 am to 9 pm Monday through
Saturday and from 10 am to 7 pm on Sunday with extended hours during the
holiday season The holiday business hours (Thanksgiving Day through New
Year's Day) would be limited to 8 am to 11 pm daily
Finding 4
® Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated
Facts in Support of Finding 4
1 The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a retail store
2 The proposed hours of operation for alcohol sales and the location of the
proposed retail store, which is located in a predominantly commercial and
4
i��
industrial zone that is not adjacent to any residential uses, will help to minimize
impacts on surrounding uses
3 The hours for alcohol sales will be the same as those hours the retail store is
open The retail store hours of operation will be limited to 9 am to 9 pm Monday
through Saturday and from 10 am to 7 pm on Sunday with extended hours during
the holiday season The holiday business hours (Thanksgiving through New
Year's Day) would be limited to 8 am to 11 pm daily No residential uses are
adjacent to the subject property In addition, ample parking is being provided on
the subject site Therefore, there will be no impacts on residential uses in the
City
Finding 5
® The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant
Facts in Support of Finding 5
1 The applicant must obtain a Type 20 license from the State of California
Department of Alcoholic Beverage Control
DIRECTOR PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Budding Safety Department APPROVES the proposed project, subject to the
following conditions
1 The hours of operation approved by this permit must be limited to 9 am to 9 pm,
Monday through Saturday, 10 am to 7 pm Sundays with extended hours of
operation during the holiday season only The holiday hours of operation must
be limited to 8 am to 11 pm daily from Thanksgiving Day through New Year's
Day Any change to the hours of operation or the hours that alcohol may be
served is subject to review and approval by the Director of Planning and Building
Safety
2 Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification
3 Any subsequent changes to the floor plan and areas where alcohol will be sold
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department
a
.L IJ
5
4 The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq,) The
applicant must obtain and maintain a Type 20 license for the retail store for on-
site sale and off -site consumption of beer and wine
5 The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10-
days of the completion of the change of ownership A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit
6 The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal Code of Regs §§
55 et seq
7 The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the parking lot Said contact's name and phone number must also be
available through the retail store staff at all times
8 "No Loitering" signs must be posted on the rear exterior of the building and on
property adjacent to the licensed premises, under the control of the licensee.
Such signs must measure no less than seven inches by eleven inches (7" X 11 ")
and the lettering must be no less than one inch (1 ") in height
9 There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition
10 The licensee must have readily identifiable personnel to monitor and control the
behavior of patrons in the parking lot and any adjacent property under the
establishment's control to ensure the areas are generally free of people and are
cleared of patrons and their vehicles one -half hour after closing
11 If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of alcohol, the city may, in
its discretion, take action to review the Administrative Use Permit, including
without limitation, adding conditions or revoking the permit
12 The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC
6
13 The Applicant agrees to Indemnify and hold the City harmless from and against
any claim, action, damages, costs (Including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No 706 and Administrative Use Permit No 06-4 Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -706 or AUP
06-4, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise For purposes
of this section "the City' includes the City of El Segundo's elected officials,
appointed officials, officers, and employees
PLANNING COMMISSION
Please be advised that this does not conclude the review process This determination
will be transmitted to the Planning Commission at its Thursday, June 8, 2006 meeting
with the recommendation that the Planning Commission Receive and File the
determination An appeal of this decision may be filed with the Planning Division prior
to the Planning Commission meeting at which this decision is to be received and filed
If an appeal is filed, the item will be scheduled for a future public hearing (as required by
the El Segundo Municipal Code) The City Council wilt determine whether or not to
protest the issuance of the ABC License (Type 20) at its meeting on June 20, 2006
If you have any questions regarding this project, please contact Alexis Schopp,
Planning Technican, at (310) 524 -2343
Sincerely,
Seimone Jurjis, ,Director
Department of Planning and Building Safety
Cc Rhoda Regaiado, Cost Plus, Inc
P \Planning 6 Building Safety \PROJECTS \701- 725\EA- 706 \EA -706 AUP LTR doc
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roftswrelm4wl c�lhf 7i7
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: June 8, 2006
SUBJECT: Environmental Assessment No. 706
Administrative Use Permit No. 06 -4
APPLICANT: Cost Plus, Inc.
PROPERTY OWNER. Rosecrans Partners 3, LLC
REQUEST- A Request for an Alcohol Beverage Licenses for a
New Retail Store (Type 20 Alcohol Beverage Control
License)
PROPERTY INVOLVED: 720 S. Sepulveda Boulevard
1. DESCRIPTION
The Planning and Budding Safety Department received the above referenced
application for an Administrative Use Permit to allow an alcohol license to sell beer
and wine for off -site consumption at a new 18,301 square -foot retail store currently
under construction at a new commercial shopping center (Plaza El Segundo)
located at 720 South Sepulveda Boulevard in the Commercial Center (C -4) Zone
The applicant is requesting a Type 20 license for the on -site sale and off -site
consumption of beer and wine
The Administrative Use Permit is required for sale of alcohol at the new retail store
since there is no previous business with a license at this location, prior to the
adoption of the current code. Retail stores are a permitted use in this Zoning
District in accordance with the Commercial Center (C -4) Zone The proposed use
(on -site sale and off -site consumption of beer and wine) requires an Administrative
Use Permit (AUP) in accordance with El Segundo Municipal Code §15 -5G -4B of the
Commercial Center (C -4) Zone The applicant intends to display the alcohol in the
northwest corner of the building in an area that is approximately 1,288 square feet
Additional store area may be devoted to the display of alcohol when alcohol is
cross - merchandised in other departments No alcoholic beverages would be
consumed on site
The hours of operation for the retail establishment will be limited to 9 am to 9 pm
Monday through Saturday and from 10 am to 7 pm on Sunday with extended hours
of operation during the holiday season The hours of operation during the holiday
season would be extended to 8 am to 11 pm daily from Thanksgiving Day through
New Year's Day Any change to the hours of operation is subject to review and
approval by the Director of Planning and Building Safety The parcel will have 93
parking stalls where 61 spaces are required
Planning staff reviewed the application and the Director made the necessary
findings to grant an Administrative Use Permit The attached letter specifies all of
the required findings for the permit
Inter - Departmental Comments
The project applications and plans were circulated to the Police Department The
Police Department's comments are attached
III RECOMMENDATION
Receive and File
IV. EXHIBITS
A Administrative Use Permit Approval Letter, dated May 31, 2006
B Administrative Use Permit application
C Inter - Departmental Comments
Prepared by Alexis Schopp, Planning Technician
Kifnberly ChriptPhsen, AICP, Planning Manager
Department o P ammng & Budding Safety
s
Seimone Jurjis, vr.E.,Ibirector
Department of Planning & Budding Safety
P \PBS \PROJECTS \701- 725 \EA - 706 \EA- 706PC -SR 6 8 06 doe
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION•
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for a new restaurant under construction at a new shopping center (Plaza El Segundo) located
at 2015 Park Place, EA No 709 and AUP No 06 -6 Applicant Salt Creek Grille El Segundo,
LLC, AKA Salt Creek Grille (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION.
1 Determine that the City Council does not protest the issuance of a new Type 47 ABC
license at 2015 Park Place and /or,
2 Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
At Its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to it
for review The ABC regulations require a 30 -day review and comment period, for alcohol
sales at restaurants, after notification of the local police and planning departments The
grounds of a protest should relate to public health, safety or welfare concerns According to
the most recent Crime and Arrest statistics report (June 2005 — December 2006, Exhibit Al)
prepared by the Police Department, the proposed restaurant Is located In Reporting District
(RD) 318 Based on reported data prepared by the Police Department, the district had a total
of 20 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
(continued on next page )
ATTACHED SUPPORTING DOCUMENTS:
1 Crime and Arrest Statistics by Reporting Districts (RD) (Exhibit Al)
2 Police Reporting Districts Map (Exhibit B)
3 Approval Letter to Applicant dated May 31, 2006 (Exhibit C)
4 Planning Commission Staff Report dated June 8, 2006 (Exhibit D)
FISCAL IMPACT. None
Operating Budget.
N/A
Amount Requested.
N/A
Account Number.
N/A
Project Phase,
N/A
Appropriation Required:
_Yes x No
ORIGINATED BY DATE:
Seimone Jur&,,'DO6ctor of Planning and Bu
DATE:
City Man
STAFF REPORT: June 20, 2006 PAGE 2
BACKGROUND & DISCUSSION: (cont.)
larceny- theft, motor vehicle theft, and arson) and 16 felony and misdemeanor arrests The
Police Department and the Department of Planning and Budding Safety have no concerns
regarding the issuance of the ABC license
The approval of the ABC license request would be for the convenience of providing
alcoholic beverages which compliment food served to the applicant's customers and not a
necessity Anew license is required, since the restaurant is under construction as part of a
new shopping center (Plaza El Segundo) and the applicant does not currently hold a Type
47 license On May 31, 2006, the Director of Planning and Building Safety Department
approved an Administrative Use Permit application (EA No 709 and AUP No 06 -6) for
2015 Park Place The Director conditioned the approval of the Administrative Use Permit
to limit the restaurant hours to 11 a m to 10 p m on Mondays and Tuesdays, 11 am. to
11 p m from Wednesday through Saturday, and 10a m to 10p m on Sundays The bar,
lounge and patio hours would be open the same hours as the restaurant with the exception
of Thursday, Friday and Saturday when the bar, lounge and patio would be open for an
additional hour until 12 a m
The Director's decision was forwarded to the Planning Commission on June 8, 2006 The
Planning Commission chose to Receive and File the item and the conditions of approval
The ABC license review is a separate application from the City's AUP process, which
requires mandatory findings that are regulated by the Department of Alcohol Beverage
Control The Department of Alcohol Beverage Control (ABC) in addition to reviewing the
City's AUP approval is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before the issuance of any type
of license
P \PBS \PROJECTS \701 - 725 \EA - 709 \EA -709 ccreport doc
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EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JUNE - DECEMBER 2005
PART I CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD
RD
PART I CRIMES
FELON
ARREE STS STS
TOTAL
PERCENTAGE
101
20
9
29
+52%
102
8
9
17
-100/0
103
5
5
10
-47%
104
11
9
20
+50%
105
6
6
12
-370/a
106
9
5
14
-26%
107
15
33
48
+1520/a
108
4
11
15
-210/0
109
5
13
18
-5%
110
5
3
8
-58%
111
0
21
21
+10%
112
13
13
26
+37%
113
4
17
21
+11%
114
3
19
22
+16%
115
0
0
0
0%
116
0
15
15
-21%
201
9
11
20
+5%
202
2
28
30
+58%
203
9
6
15
-21%
204
3
19
22
+16%
205
8
10
18
-5%
206
6
12
18
-5%
207
9
22
31
+63%
208
17
13
30
+58%
209
16
31
47
+147%
210
8
21
29
+53%
211
12
14
26
+37%
212
4
20
24
+26%
301
9
14
23
+210/a
302
5
8
13
-32%
303
6
25
31
+63%
3D4
1
7
8
-58%
305
7
17
24
+26%
306
1
1
2
-890/0
307
0
0
0
0%
306
22
47
69
+263%
309
12
19
31
+630/a
310
2
3
5
-74%
311
5
8
13
-32%
312
8
5
13
-32%
313
0
2
2
-89%
314
4
14
18
-5%
315
0
7
7
-63%
316
4
2
6
-68%
317
1
13
14
-26%
318
20
16
36
+89%
319
26
19
45
+137%
320
3
4
7
-630/.
321
4
4
8
-56%
322
2
0
2
-89%
323
0
1
1
-95%
324
4
2
6
-68%
TOTALS
357
633
990
Number of Reporting Districts = 52
Average # of Part I Crimes per Reporting District = 7
Average # of Felony/ Misdemeanor Arrests per Reporting District = 12
Average # of Crimes and Arrests per Reporting District = 19
Results from 06/01/2005 through 12/31/2005
Records /eg
Page 1
1/27/2006
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Elected Officials
Kelly McDOwelf,
M.y.,
Enc Sua.h,
Mayor Pm Tam
J1m 8ou1g.ad.a,
Coun.li Mambar
C.d Jacobson,
Coun.il hlamb.,
Bill Fwhar,
Couneil M.mbar
Cmdy Morbaan,
qty Clark
Ralph Lanph.m,
City Tn.sumr
Appointed Officials
Jelfny srewart,
CityM.n.g.r
Mark D Nanalay
Cffy Aftm.y
Department Directors
8111 Cm. , Asafamnf Cdy
M.n.g.,
Br f Plumfae,
Admmb"U8 S.M ..
N.. Angelo,
Fin CI
Debra Bngblon,
Llbmry d C.N. S.,,...
SalmoM J4'la,
Planning and8uddmg
S.lefy
J..k Weyt,
Polma Chm/
Steven Fen ,
Pubbc Work.
Vac.nf -
Recmatmn 6 Perks
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Department of Planning and Building Safety
May 31, 2006
Peter Truxaw
c/o Salt Creek Grille El Segundo, LLC
10750 Bushard Street, Suite 350
Fountain Valley, CA
RE Environmental Assessment No. EA -709 and
Administrative Use Permit (AUP) No. 06 -6
On -Site Sale and Consumption of Beer, Wine and Distilled
Spirits at a New Restaurant (Type 47 State of California
Alcoholic Beverage Control License)
Address: 2015 Park Place
Dear Mr Truxaw
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
the Director of Planning and Building Safety Department has APPROVED
Administrative Use Permit No 06 -6 for the on -site sale and consumption
of beer, wine and distilled spirits The Director has not identified a reason
to oppose the issuance of a Type 47 license by the Alcoholic Beverage
Control Department for the on -site sale and consumption of beer, wine
and distilled spirits at the proposed restaurant at 2015 Park Place The
following are the findings and facts in support of each finding for this
decision
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment No 709
Finding 1
• The proposed project for permitting the sale and consumption of
alcoholic beverages is consistent with uses allowed in the recently
approved 425,000 square -foot shopping center on a 110 -acre site
The development was approved through Environmental
Assessment No 631, Development Agreement No 03 -1, General
Plan Amendment Nos 03 -4 & 03 -5, Zone Change Nos 03 -2 & 03-
3, Zone Text Amendment No 04 -1, and Subdivision No 03 -7
(Vesting Tentative Tract No 061630) with conditions A certified
350 Main Street, El Segundo, California 90245 -3813 • r�
Phone (310) 524 -2380 FAX (310) 322 -4167 417 -
Final Environmental Impact Report (EIR) was required and approved for the
development of the shopping center
Facts in Support of Finding 1
1 The applicant proposes to provide for the sale of beer, wine and distilled spirits
for on -site consumption at a new restaurant CEQA does not require an
environmental assessment if the project consists of permitting the sale of alcohol
within a previously approved shopping center currently under construction
Additionally, no expansion of the building is proposed The subject tenant will be
located within the Plaza El Segundo shopping center, which has previously been
approved under a certified Final Environmental Impact Report
2 The 8,128 square -foot restaurant is located at 2015 Park Place in a commercial
shopping center currently under construction
Administrative Use Permit 06 -6
Finding 1
® There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
1 The applicant proposes to provide on -site sale and consumption of beer, wine
and distilled spirits in a new restaurant The 8,128 square -foot restaurant will be
located within the Plaza El Segundo shopping center at 2015 Park Place The
restaurant will include a bar and lounge area with live entertainment and a patio
The total number of seats proposed within the restaurant, lounge and bar are 274
seats The outdoor patio with bar would provide 51 additional seats
2 The minimum number of required parking spaces for the restaurant and patio
(based upon the proposed uses) is 108 stalls of which 58 parking spaces will be
provided on -site The remaining 5 parking stalls will be provided on one of the
adjacent parcels with excess parking
3 The surrounding land uses include commercial uses, offices, and light and
heavy industrial uses The proposed restaurant will be compatible with the
surrounding uses which will include other restaurants and a grocery store that will
sell and serve alcohol
4 The restaurant must obtain the State of California Alcohol and Beverage Control
(ABC) licenses for on -site sale and consumption of alcohol (Type 47)
2
4 2
5 The General Plan land use designation for the site is Commercial Center
6 The zoning for the site is Commercial Center (C-4) Restaurants are a permitted
use in this Zoning District in accordance with Section 4 1 5 of the Development
Agreement by and between the City of El Segundo and Mar Ventures, Inc ,
developer of the Plaza El Segundo project The proposed use (on -site sale and
consumption of beer, wine and distilled spirits at a restaurant) requires an
Administrative Use Permit in accordance with ESMC § 15 -5G-4A
7 On June 8, 2006, the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request
Finding 2
® The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located
Facts in Support of Finding 2
1 The General Plan land use designation for the site is Commercial Center
2 The zoning for the site is Commercial Center (C-4) Restaurants are a permitted
use in this Zoning District in accordance with Section 4 1 5 of the Development
Agreement by and between the City of El Segundo and Mar Ventures, Inc ,
developer of the Plaza El Segundo project The proposed use (on -site sale and
consumption of beer wine and distilled spirits at a restaurant) requires an
Administrative Use Permit in accordance with ESMC § 15 -5G-4A
3 The purpose of the Commercial Center (C-4) Zone is intended to provide for
developing commercial establishments (retail and services) serving the City and
surrounding area The proposed use is consistent with this purpose of the zone
in that the restaurants are an allowed use
4 The proposed use is consistent with the Land Use Element in that the
Commercial Center Land Use Category is intended to permit a mixture of
community- serving retail, restaurants and other commercial service uses in an
integrated shopping center design to serve a broad cross section of the City and
surrounding area
5 The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, primanly within a mixed -use environment, without adversely affecting the
viability of Downtown
124
6 The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers
7 The surrounding land uses include commercial retail, office, and light and heavy
industrial uses The proposed restaurant will be compatible with the surrounding
uses
Finding 3
• The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity
Facts in Support of Finding 3
1 The restaurant will be located inside of a newly constructed budding with parking
provided on -site and on an adjacent parcel
2 The surrounding land uses include commercial, heavy industrial and light
industrial uses The proposed restaurant includes a bar and lounge as well as an
outdoor patio
3 The restaurant dining hours of operation are limited to 11 am to 10 pm on
Mondays and Tuesdays, 11 am to 11 pm from Wednesday through Saturday,
and 10 am to 10 pm on Sundays The bar, lounge and patio hours would be
open the same hours as the restaurant with the exception of Thursday, Friday
and Saturday when the bar, lounge and patio would be open for an additional
hour until 12 am Food service would be available in the bar, lounge and patio
during the dining hours
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated
Facts in Support of Finding 4
1 The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with an indoor dining area,
entertainment and outdoor patio area
2 The proposed hours of operation for alcohol sales and the location of the
proposed restaurant, which is located in a predominantly commercial and
i25
industrial zone that is not adjacent to any residential uses, will help to minimize
impacts on surrounding uses
3 The restaurant dining hours of operation are limited to 11 am to 10 pm on
Mondays and Tuesdays, 11 am to 11 pm from Wednesday through Saturday,
and 10 am to 10 pm on Sundays The bar, lounge and patio hours would be
open the same hours as the restaurant with the exception of Thursday, Friday
and Saturday when the bar, lounge and patio would be open for an additional
hour until 12 am Food service would be available in the bar, lounge and patio
during the dining hours No residential uses are adjacent to the subject property
In addition, ample parking is being provided on the subject site Therefore, there
will be no impacts on residential uses in the City
4 In addition to complying with the requirements of the City of EI Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors
Finding 5
• The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant
Facts in Support of Finding 5
1 The applicant must obtain one license from the State of California Department of
Alcoholic Beverage Control (Type No 47)
DIRECTOR PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Budding Safety Department APPROVES the proposed project, subject to the
following conditions
1 The restaurant dining hours of operation are limited to 11 am to 10 pm on
Mondays and Tuesdays, 11 am to 11 pm from Wednesday through Saturday,
and 10 am to 10 pm on Sundays The bar, lounge and patio hours must be
limited to the same hours as the restaurant with the exception of Thursday,
Friday and Saturday when the bar, lounge and patio will be open for an additional
hour until 12 am Food service must be available in the bar, lounge and patio
during the dining hours Any change to the hours of operation or the hours that
alcohol may be served is subject to review and approval by the Director of
Planning and Budding Safety
2 The seating within the restaurant must be limited to 200 seats in the dining area,
74 seats in the bar and lounge, and 51 seats in the outdoor patio
3 Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification
4 Any subsequent changes to the floor plan and areas where alcohol will be served
must be reviewed and approved to the satisfaction of the Director of Planning
and Building Safety Department
5 The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq ) The
applicant must obtain and maintain a Type 47 license
6 The applicant must obtain an entertainment permit
7 Live entertainment must be limited to the bar and lounge area The live
entertainment provided must not exceed five persons at any given time
8 The restaurant operations including the entertainment must comply with El
Segundo Municipal Code (ESMC) § 7 -2 regulating noise and vibration
9 The applicant must not charge a cover fee for entry
10 The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit
11 The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal Code of Regs §§
55 et seq
12 The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
noise in the restaurant, patio and parking lot Said contact's name and phone
number must also be available through the restaurant staff at all times
13 The applicant must, at all times, display a Designated Dnver sign of at least
ten inches by ten inches (10" X 10 ") in the bar and restaurant dining areas at eye
level The sign must be worded in a way that reminds patrons who are
consuming alcohol to designate a non - drinking driver
6 '27
14 There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition
15 All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol The
training must be offered to new employees on not less than a quarterly basis
16 Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either
a Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Inglewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate, or,
b Completed an accepted equivalent by the ABC, Inglewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then,
c The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course
d Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department
17 The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of
patrons and their vehicles one -half hour after closing
18 If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, patio, bar and
lounge areas, the city may, in its discretion, take action to review the
Administrative Use Permit, including without limitation, adding conditions or
revoking the permit
19 The outdoor dining /seating areas must comply with ESMC § 15 -2 -16
7 r
i ,2 S
20 The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC
21 The building and any outdoor seating must comply with California Budding and
Fire Code requirements, as adopted by the ESMC
22 The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No 709 and Administrative Use Permit No 06 -6 Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -709 or AUP
06 -6, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees
PLANNING COMMISSION
Please be advised that this does not conclude the review process This determination
will be transmitted to the Planning Commission at its June 8, 2006 meeting with the
recommendation that the Planning Commission Receive and File the determination An
appeal of this decision may be filed with the Planning Division prior to the Planning
Commission meeting at which this decision is to be received and filed If an appeal is
filed, the item will be scheduled for a future public hearing (as required by the El
Segundo Municipal Code) The City Council will determine whether or not to protest the
issuance of the ABC License (Type 47) at its meeting on June 20, 2006
If you have any questions regarding this project, please contact Alexis Schopp,
Planning Technician, at (310) 524 -2343
Sincerely,
Seimone Jurp Director
Department of Zrining and Budding Safety
P \Planning & Building Safety \PROJECTSMI - 725 \EA- 709\EA -709 AUP LTR doc
12
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: June 8, 2006
SUBJECT: Environmental Assessment No. 709
Administrative Use Permit No. 06-6
APPLICANT: Salt Creek Grille El Segundo, LLC
Dba Salt Creek Grille
PROPERTY OWNER: Rosecrans Partners 3, LLC
REQUEST: A Request for an Alcohol Beverage Licenses for a
New Restaurant (Type 47 Alcohol Beverage Control
License)
PROPERTY INVOLVED: 2015 Park Place
The Planning and Building Safety Department received the above referenced
application for an Administrative Use Permit to allow an alcohol license for a new
restaurant currently under construction at a new commercial shopping center (Plaza
El Segundo) located at 2015 Park Place in the Commercial Center (C-4) Zone The
applicant is requesting a Type 47 license for the on -site sale and on -site
consumption of beer, wine and distilled spirits in the restaurant The restaurant will
consist of an indoor dining area, a bar and lounge, and outdoor patio
Entertainment consisting of a jazz ensemble or jazz pianist would be offered in the
bar and lounge area
The following chart describes the proposed dining and seating areas
" o
5. -PRO S �
�
�bP0SED,SQVAREkF
Indoor Dining
2,666 SF
200 seats
Bar and Lounge
1, 575 SF
74 seats
PROPOSED
PROPOSED SQUARE FOOTAGE
� ' )'�
NUMBER OF °SEgTS
RESTAURANT
� 6
r
Outdoor Patio
869 SF
51 seats
Total
5,110 SF
325 seats
The Administrative Use Permit is required for the new restaurant since there is no
previous business with a license at this location Restaurants area permitted use in
this Zoning District in accordance with the Commercial Center (C-4) Zone and
Section 4 1 5 of the Development Agreement by and between the City of EI
Segundo and Mar Ventures, Inc , developer of the Plaza El Segundo project The
proposed use (on -site sale and consumption of beer, wine and distilled spirits)
requires an Administrative Use Permit (AUP) in accordance with El Segundo
Municipal Code § 15 -5G -4A The applicant intends to provide an outdoor patio and
bar with 51 seats Outdoor dining is a permitted accessory use Outdoor dining
areas greater than 200 square feet in area are subject to providing parking at a ratio
of one space for every 75 square feet of area
The following chart is the parking analysis for the proposed uses
- Yx.t @�Sr��`77r•
t; „��• u^ a,
,� �' Wtw
`- g4°P� d ' � ° ' �K�ax
i ?,.� p ^';
� 6
�
+ N.
Indoor Dining,
7,259 SF — 1 Space /75 SF
96 8 Parking Spaces
Lounge and Bar
Outdoor Patio
869 SF — 1 Space /75 SF
11 6 Parking Spaces
Total
8,128 SF
108 Parking Spaces
Note Pursuant to El Segundo Municipal Code §15 -15 -2 G, fractional spaces are rounded to the nearest
whole number
The proposed indoor dining area, lounge and bar, and food preparation areas is
7,259 square feet which requires 97 parking spaces The proposed outdoor patio
adjacent to the bar and lounge and Is approximately 869 square feet and would
require approximately 11 parking spaces The total required parking for the
proposed restaurant Is 108 parking spaces The parcel has 58 parking spaces on-
site The remaining parking will be provided on one of the adjacent parcels with
excess parking through a Covenant and Agreement
-1 1
.L3.&
The hours of operation approved by this permit would be limited to 11 am to 10 pm
on Mondays and Tuesdays, 11 am to 11 pm Wednesdays through Saturdays, and
10 am to 10 pm on Sundays The bar, lounge and patio hours would be open an
additional hour until 12 am from Thursday through Saturday Any change to the
hours of operation or the hours that alcohol may be served is subject to review and
approval by the Director of Planning and Building Safety The hours of
entertainment would be permitted from 10 am to 9 pm on Sundays, 11 am to 9 pm
Mondays through Wednesdays, 11 am to 10 pm on Thursdays, and 11 am to 11 pm
on Fridays and Saturdays
Planning staff reviewed the application and the Director made the necessary
findings to grant an Administrative Use Permit The attached letter specifies all of
the required findings for the permit
11. Inter - Departmental Comments
The project applications and plans were circulated to the Police Department for
review The Police Department's comments are attached.
III. RECOMMENDATION
Receive and File
IV. EXHIBITS
A Administrative Use Permit Approval Letter, dated May 31, 2006
B Administrative Use Permit application
C Inter - Departmental Comments
Prepared by FJpxis Schopp, Planning Technician
Kimberly Chri t nsen, AICP, Planning Manager
Department of Planning & Building Safety
Seimone Jurjis,AE.16rector
Department of Planning & Building Safety
P \Planning & Building Safety \PROJECTS1701- 7251EA- 709\EA -709 PC -SR doc
3
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE- June 20, 2006
AGENDA HEADING: Mayor McDowell
Consideration and possible action to appoint a member of the City Council as the City of El
Segundo's representative on the Southern California Cities Joint Powers Consortium
RECOMMENDED COUNCIL ACTION:
1) Appoint a member of the City Council to serve as the City's representative on the Southern
California Cities Joint Powers Consortium, 2) Alternatively, discuss and take other action
related to this item
BACKGROUND & DISCUSSION.
On May16, 2006, the City Council approved a table listing current Council appointments to
intergovernmental agencies, local agencies and subcommittees During the discussion on
that item, we inadvertently concluded that the Southern California Cities Joint Powers
Authority was no longer a viable entity and had ceased operation Since that time, we
have learned that the SCCJPA was still functioning and, in fact, is attempting to schedule a
meeting for July 5ti' Accordingly, I am requesting that we reinstate participation in that JPA
and that the Council approve Councilmember Bill Fisher as the City's representative
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT- N/A
Operating Budget:
Amount Requested.
Account Number:
Project Phase.
Appropriation Required: _Yes _ No
ORIGINATED: DATE: June 13,
avor KeUk McDowell
DATE- June 13, 2006
i-
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