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2006 SEP 05 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, SEPTEMBER 5, 2006 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4480 Next Ordinance # 1398 ii PUBLIC COMMUNICATION - (Related to City Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Councils may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg) for the purposes of confernng with the City's Real Property Negotiator, andlor conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 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 4 Gilbreath v El Segundo, LASC Case No YCO53692 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -1- matter 1 Labor Negotiator Jeff Stewart Represented Employees El Segundo Supervisory and Professional Employees Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS - -0- matter 2 �)UI- AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 2006 - 7:00 P.M. Next Resolution # 4480 Next Ordinance # 1398 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Dr SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson Uu3 PRESENTATIONS - (a) Presentation by Dina Cramer, Public Information and Manager, El Segundo Library, to the Mayor, Mayor Pro Tern and Council Members of the book, To Kill a Mockingbird, and announcement regarding the "One Book, One City" program, during the months of September and October, 2006 (b) Presentation by Rob Katherman, Board Member, regarding the Water Replenishment District of Southern California's role in California's water supply ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding the FY 2006 -2007 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures. Recommendation (1) Open Public Hearing, (2) Discussion, (3) Continue the Public Hearing to September 19, 2006, (4) Schedule the budget adoption for the September 19, 2006 meeting, (5) Alternatively, discuss and take any other action related to this item C. UNFINISHED BUSINESS 4 t)U4 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding the 2005 -06 Annual Report of the Recreation and Parks Commission to City Council. Oral presentation will be made by Recreation and Parks Commission Chairperson, Bob Motta. (Fiscal Impact: Recommendation (1) Receive and file the 2005 -06 Annual Report of the Recreation and Parks Commission to City Council, (2) Alternatively, discuss and take any other action related to this item 3. Consideration and possible action regarding setting a date and time for interviewing candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and Los Angeles International Airport ( "LAX ") Area Advisory Committee. Recommendation (1) Set date for interviews of candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and LAX Area Advisory Committee for 6 00 p m , Tuesday, September 19, 2006, (2) Alternatively, discuss and take any other action related to this item 4. Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of light pole banner program to promote awareness of El Segundo, as part of Business Recruitment Campaign Project. (Fiscal Impact: $18,000 in FY 2005 -06) Recommendation (1) Receive an oral presentation by Business Recruitment Task Force, (2) Ratify Task Force's recommendation to implement Phase II of light pole banner program, (3) 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 calf for discussion of an item is made, the item(s) will be considered individually under the next heading of business 5. Warrant Numbers 2554852 to 2555185 on Register No. 22 in the total amount of $2,602,125.44 and Wire Transfers from 8/4/2006 through 812412006 in the total amount of $2,004,214.45. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 5 JUJ 6. City Council Special Meeting and Regular Meeting Minutes of August 15, 2006. Recommendation — Approval 7. Consideration and possible action regarding the presentation of Fiscal Year 2005- 2006 Third Quarter Financial Budget Review. (Fiscal Impact: None) Recommendation- (1) Receive and file Fiscal Year 2005 -2006 Third Quarter Financial presentation, (2) Alternatively, discuss and take any other action related to this item 8. Consideration and possible action regarding approval to sell and dispose all property that has become unsuitable for City use including unclaimed Police property. (Fiscal Impact: Unknown) Recommendation (1) Recommend that City Council declare vehicles, equipment and miscellaneous supplies identified in staff report as surplus and authorize the Risk Manager /Purchasing Agent to sell items at auction, (2) Authorize City Manager to trade - in Xerox 5100 analog copier for a new replacement digital machine, (3) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding an agreement with the County of Los Angeles to install automatic retractable screens on 15 City Catch Basins to reduce storm water pollution. (Fiscal Impact: Initial installation = no impact; future maintenance = $500 per year estimate) Recommendation (1) Authorize the City Manager to execute the Agreement with the County of Los Angeles in a form as approved by the City Attorney, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding a contract with MRH Structural Engineers for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility and grading plan review services on an as- needed basis. Contract may be extended annually, not to exceed three years. Total cost not to exceed $257,544 for Fiscal Year 2006 -2007. (Fiscal Impact: $257,544) Recommendation (1) Authorize the City Manager to execute a standard Professional Services Agreement with MRH Structural Engineers for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility and grading plan review services on an as- needed basis, (2) Alternatively, discuss and take other action related to this item 6 UU� 11. Consideration and possible action regarding the award of contract to American Asphalt South, Inc. for 2005 -2006 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No. PW 06 -09. (Fiscal Impact: $263,248.81) Recommendation (1) Award contract to the lowest responsible bidder, American Asphalt South, Inc, in the amount of $263,248.81; (2) Appropriate $20,000 of gas tax funds from Account No 106 -400- 8203 -8608 for this project; (3) Authorize the City Manager to execute the contract on behalf of the City, (4) Alternatively, discuss and take other action related to this item 12. Consideration and possible action to authorize the purchase of two trailer - mounted electronic message boards from American Barricade Inc. at a cost of $33,995.13 to provide incident information or emergency instructions to motorists. (Fiscal Impact: Purchase = $33,995.13 Grant Funds; future maintenance = $200 per year estimate) Recommendation (1) Authorize the City Manager or designee to purchase two trailer - mounted electronic message boards from American Barricade Inc at a cost of $33,995.13, (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 13. 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 2008 and 2014 Park Place, EA No. 704 and AUP No. 06 -3. Applicant: Marmalade Inc. AKA Marmalade Cafe. (Fiscal Impact: None) Recommendation (1) Determine that the City Council does not protest the issuance of new Type 47 and Type 58 ABC licenses at 2008 and 2014 Park Place, (2) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER 0V7 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern Busch - Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves 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 MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt sea) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME IDu6 PRESENTATIONS - (a) Presentation by Dina Cramer, Public Information and Manager, El Segundo Library, to the Mayor, Mayor Pro Tern and Council Members of the book, To Kilt a Mockingbird, and announcement regarding the "One Book, One City" program, during the months of September and October, 2006, GU9 PRESENTATIONS - (b) Presentation by Rob Katherman, Board Member, regarding the Water Replenishment District of Southern California's role in California's water supply U � 0 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: September 5, 2006 AGENDA HEADING, Special Orders of Business Consideration and possible action (Public Hearing) regarding the FY 2006 -2007 Preliminary Budget and Five -Year Capital Improvements Plan including discussion and possible direction regarding all City revenues and expenditures RECOMMENDED COUNCIL ACTION. 1) Open Public Hearing, 2) Discussion, 3) Continue the Public Hearing to September 19, 2006, 4) Schedule the budget adoption for the September 19, 2006 meeting, 5) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The FY 2006 -2007 budget process began on June 7, 2006 with a midyear review to the Council and approval of the budget calendar Departments were then given budget instructions and specific guidelines as directed by the City Manager On July 24, 2006, the City Council held a Strategic Planning Session with the City Manager and all department heads During this planning session, the City Council reviewed departmental projects, established priorities and set the general direction for the next fiscal year (Background and discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS- None FISCAL IMPACT: Discussion to Adopt FY 2006 -2007 Preliminary Operating and Five -Year Capital Improvement Budget Operating Budget, Amount Requested. Account Number. Project Phase: Appropriation Required: _ Yes X No DATE: Bret M Plumlee, Director Administrative Services REVIEWED BY DATE: Jeff Stewart, City Manager P -Z9- -,96 t 1 1 BACKGROUND & DISCUSSION Changes were made to the preliminary budget based on the recommendations of the City Council The budget impacts of new projects are included in the FY 2006 -2007 Preliminary Budget The Preliminary FY 2006 -2007 Operating and Five -Year Capital Improvement Budget were distributed to the City Council on August 11, 2006 On August 15, 2005 a budget workshop was held to discuss the budget in detail The final steps in the process are a public hearing on September 5, 2006 and final budget adoption on September 19, 2006 As part of the final adoption of the budget staff will prepare a reconciliation of changes from the preliminary to the final adopted budget 012 EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action regarding the 2005 -06 Annual Report of the El Segundo Recreation and Parks Commission to City Council Presentation to be made by the Recreation and Parks' Commission Chairperson, Bob Motta (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1 Receive and File the 2005 -06 Annual Report of the Recreation and Parks Commission, 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, City Council has requested that City of El Segundo Committees, Commissions and Boards give an Annual Report updating the Council on their accomplishments over the past year and of their proposed goals and objectives for the coming year Attachment 1 is the Commission's report to Council for 2005 -06 ATTACHED SUPPORTING DOCUMENTS. Attachment # 1 2005 -06 Annual Recreation and Parks Commission Report to City Council FISCAL IMPACT: None Operating Budget, Account Number: Amount Requested: Project Phase, Appropriation Required: __Yes _ No ORIGINATED' DATE• Bob Motta, Recreation and Parks Commission Chair REVIEWED BY: DATE: Jeff Stewart, City Mana 61-194 2 Oi� ATTACHMENT #1 2005 -06 Annual Report from the City of El Segundo Recreation and Parks Commission to City Council The following are FY 2005 -06 Commission accomplishments: 1 Made revisions to the City's "Athletic Field /Facility Use Allocation Policy" based on recommended amendments from the Youth Sports Council 2 Secured the $5,000 sponsorship donation from the El Segundo Rotary towards the cost for the City's "Summer Concert Series" 3 Served on the Aquatics Task Force for the City's Aquatic Needs Assessment 4 Endorsed the concept for a proposed aquatic complex at El Segundo High School 5 Addressed the El Segundo Police Department's request for community group input regarding graffiti and vandalism issues 6 Provided input for the Recreation and Parks Department proposed "Capital Improvement Projects" for FY '06 -07 7 Approved amendments to the City's "Master Street Tree Policy" with the intent to make recommendation to City Council at a future date 8 Acted as judges for the Bake -Off in the "Annual Hometown Fair " 9 Addressed the following issues at The Lakes Golf Course regarding the following projects a Renovation of the driving range from artificial turf to natural turf b Enlargement of tee boxes c Adjustment of fees and charges d Approved donated bench for Woody McCain 10 Served on the Athletic Fields Task Force for the new Athletic Fields Complex at the Thomas Properties Group site, provided input regarding the design and endorsed the design concept 11 Evaluated and determined distinctions between honorees placed on the Wall of Honor Memorial and Freedom Park Memorial 12 Recommended approval to City Council for the addition of Rex Kenyon's name to the "Freedom Park Memorial" 13 Recommended fee and charges increases that were approved by City Council for Recreation Park Resident I D cards, Co -ed Softball registration and Swim lessons 2 U1 -; 14 Approved installation of the Memory Row sign dedicated to the Tree Musketeers for the open space along Imperial Avenue 15 Provided input for selection of the new Director of Recreation and Parks by selecting a Commissioner to participate on the first oral interview panel 16 Elected a new Commission Chairperson and Vice - Chairperson The following are proposed FY2006 -07 goals and objectives of the Commission for the upcoming year: 1 Develop and define design standards for the addition of honorees to the "Freedom Park Memorial' Investigate and evaluate residency policy issues as they pertain to El Segundo recreation programs and make recommendations to City Council 3 Participate in and provide input on the 90 -day Aquatic Operations and Maintenance Ad Hoc Committee 4 Continue involvement in aquatics programming and operations Continue to evaluate and make recommendations to City Council regarding allocation policies and procedures for recreation facilities (i a including athletic fields, aquatic facilities, community centers, etc ) 6 Continue to participate in issues pertaining to the new Athletic Fields Complex at the Thomas Properties Group site 7 Continue to remain involved in issues pertaining to the upcoming El Segundo School District Bond Measure LtJ EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. September 5, 2006 AGENDA HEADING. Reports of Committees, Boards AGENDA DESCRIPTION. Consideration and possible action regarding setting a date and time for Interviewing candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and Los Angeles International Airport ( "LAX ") Area Advisory Committee (1) Set date for interviews of candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and LAX Area Advisory Committee for 6 00 p m Tuesday, September 19, 2006 (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. The Library Board of Trustees, Senior Citizen Housing Corporation Board, El Segundo Community Cable Advisory Committee, Capital Improvement Program Advisory Committee, Economic Development Advisory Council and LAX Advisory Committee each have one position currently vacant or a position with a term about to expire within the next three months Applications for each of these positions may be filed with the Council Office by Interested candidates up until 5 00 p m , Monday, September 18, 2006 Terms for committees, commissions and boards with positions either currently vacant or about to expire are Library Board of Trustees — 1 position expired June 20, 2006 Senior Citizen Housing Corporation Board — 1 position expired June 30, 2006 El Segundo Community Cable Advisory Committee — 1 position expires October 31, 2006 Capital Improvement Program Advisory Committee —1 position expires November 30, 2006 Economic Development Advisory Council — 1 vacant position, no expiration term LAX Advisory Committee — 1 vacant position, no expiration term ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT. None Operating Budget: Amount Requested- Account Number- Project Phase- Appropriation Reauired: Yes No ORIGINAT Y: DATE: X"—A� /9-0/06 Julia breu, E ecutive Assistant 17 RE E� � DATE: Jeff Stewart, City Manager W 016 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: September 5, 2006 AGENDA HEADING: Reports of Committees, and Commissions Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of light pole banner program to promote awareness of El Segundo, as part of Business Recruitment Campaign Project (Fiscal Impact $18,000 in FY 2005 -06) RECOMMENDED COUNCIL ACTION. Recommendation (1) Receive an oral presentation by Business Recruitment Task Force, (2) Ratify Task Force's recommendation to implement Phase II of light pole banner program, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* In March 2005, the City Council awarded a contract to Shannon David, Inc for professional business recruitment campaign marketing and support services The City Council established a Business Recruitment Task Force to provide project oversight at their April 5, 2005 meeting The Task Force, which is composed of Mayor McDowell, Mayor Pro Tern Busch, City Manager Stewart, Brian Polkinghorne and Scott Reed, members of the Economic Development Advisory Council, has periodically met to review project status and make recommendations The consultant last presented a status report to the City Council at the March 21, 2006 meeting At the Task Force's August 10, 2006 meeting, the consultant provided a progress report regarding program deliverables and recommended implementation of Phase II of the light pole banner program component Light pole banners have been installed on the Sepulveda Boulevard corridor since December 2005 At this time the Task Force is recommending installation of the next phase of pole banners for City Council review and consideration Phase II calls for new banners along Sepulveda Blvd , and relocated existing banners to the downtown along Main St and Grand Ave ATTACHED SUPPORTING DOCUMENTS: Banner Design Option A (image with out tag line) & Option B (image with tag line) FISCAL IMPACT: FY 2005 -06 - $18,000 Operating Budget. Amount Requested. Account Number. Project Phase: Appropriation Required: ORIGINA 11111 Jeff Stewart, C $18,000 $18,000 001 -400- 2401 -6201 Phase II M Yes x No 812-916(- DATE, 81 916 ' t' 17 4 a 0 0 e a ELSEGUNDO v � - z ° m _ E u c - m � m ma O " `� ma m ELSEGUNDO QQ/O �m 2 -'03 A 4w�z �d ° ' m m V i a e � d ELSEGUNDO (' 18 0 - �_: mm; iEv a =gym F� - 3 p ELSEGUNDO m �O A o m w � U d c rn °P do Famm"a Z w a ; v �i v v_ EL,SEGUNDO QQ`J P m F.T.SFGTiNDC) (-JZO 0io D z 0 LL Z 0 W J N F W � )O� C� Ua G 0 N O C W m W of W N O N 6 N Y O N 0 O NmN l7 IO� 11 yPN�d0b B�8 VIN yr p• 6 N Ip d� m N�•� m•• a� r d O 0 N C N L� m m N0N e r NNNfOO ON N Y fV w y D LL w D 2 U d D LL LL ZQ ¢ Z 2 E( LL G �ZOY W 2 00 Q 2z,aaz <oy LLm �wScWi a w LLLL ADZ W0rcrc�dQm FFf��iiz��rcJ.�n w fi LL W J m N ��wLL�3� iiwl.. ziiaU3iwrc�v'[Oilw�w� <O U'$�D<]¢yQ NLLNFV~1FW�Y��}WWDOp O 6 LL _ Y W wLLwU s� owrc Qz w a6�g rc z r w W g F N N O K K p O Y Q �Y D g N 99 "' 6¢¢ � j g p � Y' 6 J L� uam�¢uaaazx�� u ¢33w33t�iw srcu��o � oe�o.o- « « « «� «�mnn�000�n Vi Vi�uunnnn �aa N aW `Ypw z oa €a n ry LLO�U uO o�60 0 f 2 W f 2 W OQ_ W � O Y W U 0 A O m E N O C xo° u � eY F= U w m 0 W cm a 6 — � 2 aw a yxj ? Sn, U Y .• °m P4' b Y q $ Q yi Y w Y y LL w � c nc Y�c p� ° 26T rE n�r�u � Y E EmN y re E- a 5 3 w p mis4 Fs K 2. N 5 w a z E cE�c � a .mil I o CEO U W F K 2 D � D W LL OU 6W CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 8/412006 THROUGH 8/24/2006 Date Payee Amount Description 818/2006 Cal PERS 326,466 04 PERS Health 8/10/2006 Employment Development 43,157 58 State Taxes 8/1012006 IRS 207,970 53 Federal Taxes 8/10/2006 West Basin Municipal 861,682 80 H2O Payment 8/11/2006 Health Comp 1,98367 Weekly claims 8/4 8/1512006 Federal Reserve 15000 Employee I Bonds 8/15/2006 Federal Reserve 10000 Employee EE Bonds 8/16/2006 Cal PERS 237,518 32 PERS Retirement 8/17/2006 Lane Donovan Golf Partners 20,805 30 Lakes payroll transfer 8/17/2006 Health Comp 3,56886 Weekly claims 8/11 8/18/2006 La Salle 43,725 00 ABAG Payment 8/22/2006 Health Comp 000 Weekly no claims 8/18 8/24/2006 Employment Development 37,482 74 State Taxes 8/24/2006 IRS 186,404 83 Federal Taxes 7/21 - 8/24/06 Workers Comp Activity 33,198 58 SCRMA checks issued DATE OF RATIFICATION: 9/5106 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 2,004,214 45 Lao Date Date 8 �t-/, Dat 2,004,214 45 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo io SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 15, 2006 — 5 00 P M CALL TO ORDER ROLL CALL — Mayor McDowell at 5 02 p m Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - 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 - NONE A SPECIAL ORDERS OF BUSINESS - 1 Consideration and possible action regarding presentation of budget workshop on the FY 2006 -2007 Preliminary Operating Budget and Five Year Capital Improvement Plan Jeff Stewart, City Manager, gave introductory remarks Bret Plumlee, Administrative Services Director, gave overviews on Revenue, Capital Improvement Projects and Expenditure summary He also presented highlights for the Elected Officials (City Council, City Clerk and City Treasurer) and Administrative Support Services (City Manager, City Attorney, Administrative Services, Internal Services /Nondepartmental) Gary Chicotis, Interim Planning and Building Safety Director, presented department highlights and responded to Council questions Steve Fenton, Public Works Director, presented department highlights and responded to Council questions Council Member Jacobson noted that at the July 24, 2006 Special Strategic Planning Meeting there was Council action taken to fund Bluestone replacement from the Downtown Specific Plan ($146,000) and move funds from CIPAC for funding of the Athletic Fields/ Fire Station Council Member Boulgarides requested staff to investigate the possibility of selling bandwidth on the proposed fiber optics system Richard Brunette, Recreation and Parks Director, presented department highlights and responded to Council questions r;-q .w. 0242 Mayor Pro Tem Busch, requested that staff look into an enhanced sound system for the 4`h of July fireworks display Council consensus to agendize this item for a future Council Meeting and to investigate the possibility of other sources of funding for the 4th of July event Debra Brighton, Library and Cable Services Director, presented department highlights and responded to Council questions Jack Wayt, Police Chief, presented Police Department highlights and responded to Council questions Kevin Smith, Interim Fire Chief, presented Fire Department highlights and responded to Council questions Mayor McDowell requested that funding sources for various disaster preparedness issueslitems be addressed Mark Hensley, City Attorney, gave a report regarding the status of the City Attorney's Office Council consensus to receive and file reports ADJOURNMENT at 6 07 p m Cathy Domann, Deputy City Clerk 2 G23 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 15, 2006 - 7 00 P M 5 00 P M SESSION (Adjourn to 7 00 P M Session) 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Pastor Cash Brandon of Oceanside Christian Fellowship PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes PRESENTATIONS — a Council Member Boulgandes and Mayor Pro Tern Busch presented Commendations to the members of the two El Segundo Little League All Star 2006 Baseball teams for winning the California District 36 Championship ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - 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 - NONE A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 15 2006 PAGE NO 1 0 24 B SPECIAL ORDERS OF BUSINESS Consideration and possible action to open Public Hearing and adopt Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089 Mayor McDowell stated this is the time and place hereto fixed for a public hearing to consider adoption of a Resolution finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089 Deputy City Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Steve Finton, Public Works Director, gave a report MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Jacobson to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to approve Resolution No 4479 finding the City to be in compliance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report pursuant to Government Code § 65089 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 C UNFINISHED BUSINESS 2 Consideration and possible action to approve a professional services agreement with VA Consulting, Inc in the amount of $222,004 to provide professional engineering services for the Nash Street/Douglas Street One -Way to Two -Way Street Conversion Project (Fiscal Impact $222,004) Steve Fenton, Public Works Director, gave a report MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to approve Professional Services Agreement No 3629 with VA Consulting, Inc in the amount of $222,004 to provide professional engineering services for the Nash Street/Douglas Street One -Way to Two - Way Street Conversion Project Authorize the City Manager to execute the agreement in a form as approved by the City Attorney, MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE NO 2 C)�:J Approved Warrant Numbers 2554614 to 2554851 on Register No 21 in the total amount of $1,030,285 99 and Wire Transfers from 7/21/2006 through 8/3/2006 in the total amount of $509,700 56 Authorized staff to release Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 5 Approved Amendment No 1 to Contract No 3359 with Jenkins & Hogin, LLP for City Attorney services (Fiscal Impact Approximately $22,000) 6 PULLED FOR DISCSSION BY COUNCIL MEMBER FISHER 7 Approved plans and specifications for the widening and improvement of Sycamore Avenue between Sheldon Street and Penn Street within existing rights -of -way — Project No PW 03- 15 (Estimated Cost $96,500) Authorized staff to advertise the project for receipt of construction bids 8 Approved Change Order No 1 in the amount of $12,663 94 accepted the project for the refurbishment of the Driving Range at the Lakes Golf Course at El Segundo (400 South Sepulveda Boulevard) — Project No PW 06 -03 (Final Contract Amount $381,423 94) Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office 9 Authorized the Police Department to purchase five additional inter- operable portable radios and accessories, funding source to be the balance of the UASI 2004 grant (Fiscal Impact, $20,600 in UASI Grant Funds) Pursuant to the El Segundo Municipal Code Sec 1 -7 -10, waive the bidding process based upon sole source vendor for the purchase of five portable radios and accessories from UASI FY 2004 grant funds MOTION by Council Member Boulgandes, SECONDED by Mayor Pro Tern Busch to approve Consent Agenda Items 3, 5, 7, 8 and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 4 City Council Meeting Minutes of August 1, 2006 and Special City Council Meeting Minutes of July 24, 2006 Council Member Jacobson noted a correction to the July 24, 2006 Special Meeting Minutes to reflect Council consensus to fund the Bluestone replacement of $100,000 from the Downtown Specific Plan and move $100,000 from CIPAC for funding of the Fire Station /Athletic Fields MOTION by Council Member Jacobson, SECONDED by Council Member Boulgarides to approve the City Council Meeting Minutes of August 1, 2006 and the Special City Council Meeting Minutes of July 24, 2006 as corrected MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE NO 3 0126 6 Consideration and possible action regarding the adoption of Ordinance No 1397 to amend El Segundo Municipal Code Chapter 15 -18 regulating the time, place and manner that signs are erected and constructed within the City's jurisdiction (Fiscal Impact None) MOTION by Council Member Fisher, SECONCED by Mayor Pro Tem Busch, to adopt Ordinance No 1397 to amend El Segundo Municipal Code Chapter 15 -18 regulating the time, place and manner that signs are erected and construction within the City's jurisdiction MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS FISHER AND JACOBSON, NOES COUNCIL MEMBER BOULGARIDES 4/1 F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — Reported on two MTA Meetings K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher — NONE Council Member Jacobson — NONE Council Member Boulgandes — 10 Consideration and possible action to establish a 90 -day ad hoc Aquatic Operations and operations, programming and facility maintenance at City aquatic facilities (Fiscal Impact None) MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgarides to establish a 90 -day ad hoc Aquatic Operations and Pool Usage Committee, to include Council Members Boulgarides and Fisher, to identify and discuss aquatic operations, programming and maintenance issues at City aquatic facilities and to determine potential solutions MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council Boulgarides also announced the Annual 911 Memorial on September 11th, 8 00 a m at Freedom Park Mayor Pro Tern Busch — Announced the Annual Car Show sponsored by the El Segundo Police Association Mayor McDowell — Announced an informational meeting by LAWA regarding the Master Plan on August 23 6 -9 p m and August 26 9- Noon, at the Flight Path Learning Center MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE NO 4 (11 L,-'7 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 Andy Dellinbach, Surfrider Foundation, announced the 'Paddle for Clean Water" sponsored by Heal the Bay and the Surfrider Foundation would be held on September 9th at 1000 a m MEMORIALS — Paula Ann Carabelli, wife of Dr Thomas Fallo, Superintendent/President of El Camino College and Howard Drollinger, philanthropist and developer ADJOURNMENT at 7 50 P M Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE NO 5 L) U EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE* September 5, 2006 AGENDA HEADING Consent Agenda Consideration and possible action regarding the presentation of fiscal year 2005 -2006 Third Quarter Financial Budget Review Fiscal Impact (None) COUNCIL ACTION: (1) Receive and file Fiscal Year 2005 -2006 Third Quarter Financial presentation, (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The focus of the FY 2005 -2006 third quarter financial review is to review revenues and expenditures in all funds for the period of October 1, 2005 through June 30, 2006 This report analyzes the estimated totals for revenues, operational and capital expenditures in all funds for the period of October 1, 2005 through September 30, 2006 (Background and discussion is continued on the next page ) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase, Appropriation Required, _ Yes X No ORIGINATED BY: DATE: Bret M Plumlee, Director Administrative Services REVIEWX DATE: Jeff Stewart, City Manager D>' 7 029 BACKGROUND & DISCUSSION (CONTINUED) REVENUES The following is an analysis of General Fund revenues by the ten major categories a. Property Taxes and Intergovernmental Revenues These categories combined are on target with budget Included in the Property Taxes category is a reclassification of $874,600 in the Education Revenue Augmentation Fund III (ERAF 111) State reduction from Sales tax and Vehicle License Fees to Property Taxes This reduction is attributable to Proposition 1a, which passed in FY 2004 -2005 when the State shifted additional funds from local government to school districts for 2 fiscal years to balance the State's budget and will be eliminated In FY 2006 -2007 The decrease in the Property Taxes category is offset by an increase in Intergovernmental Revenues, which is estimated to be above budget As part of the 2004 State Budget Act, the rates charged to motor vehicle owners and the corresponding revenue to local agencies was permanently reduced from 2% to 67% This reduction was replaced by an Increase in property taxes, which will be deposited at the end of January and May each year The replacement of the permanent VLF reduction is now reflected In VLF Swap, which Is included in this category but was not included in the original adopted budget b. Other Taxes (Includes Sales, Utility User's, Transient Occupancy and Other Taxes This category is currently significantly above target with budget, mainly attributable to increases in Sales Tax, Transient Occupancy Tax, and Gas Utility User's Taxes, Co Generated Utility User's Taxes and Electric Utility User's Taxes offset by a decrease in Franchise Fees Sales tax Is 22 9% higher for the first three quarters of this fiscal when compared to the first three quarters of last fiscal year Transient Occupancy taxes are estimated to come in ahead of target with budget This revenue source is up $338,900 or 12 7% for the first nine months of FY 2005 -2006 compared to the same period last fiscal year mainly attributable to an increase in occupancy Due to the uncertainty of the operational status of the local power plant, the Gas Utility User's tax budget was significantly reduced the past two fiscal years As reported during the FY 2004 -2005 First Quarter Review, in December 2004, the local power plant was awarded Reliable Must Run (RMR) status by the California Independent System Operator (Cal -ISO) They also were operating under a "piggyback" tolling contract with Southern California Edison (SCE) These two agreements improved the chances that the plant would be operating more often for either grid reliability or energy supply needs For the period of January through April OJO BACKGROUND & DISCUSSION (CONTINUED) 2006, the local plant did not have any energy, capacity, or tolling sales contracts, so it operated for the most part only when the cost to generate power was lower than the market price Starting in May 2006 and running for the next 24 months, the power plant has a new tolling contract commencing with SCE and the dispatch will be solely determined by SCE As a result of the long -term contract, the plant has been operational more often and this revenue source continues to be ahead of target This revenue source is up $526,800 or 45 3% from the same period last year Franchise fees are anticipated to come in lower than budget attributable to gross receipts coming in less than anticipated Co Generated Electric Utility User's taxes are estimated to come in significantly higher than budget attributable to a rise in the Short Run Avoided Cost (SRAC), which is the cost that the local refinery pays SCE for electricity purchased and used to value the Cc generated production for the tax payment This SRAC formula is tied to changes in natural gas prices, which have gone up significantly the past year Electric Utility User's taxes are also estimated to come in significantly higher than budget Also included in this category are all other utility user's taxes combined, which are on target with budget c. Business License Taxes The City has received $8 09 million or 87 0% of the budget through June 30, 2006 compared to $8 85 million or 97 9 % of the budget through the same period last fiscal year Businesses receive a 50% credit on their business license based on Sales Tax the City receives during the prior period of July to June the previous year This revenue source is anticipated to come in under budget mainly attributable to a significant increase in sales tax in the previous fiscal year, which was more than originally anticipated d. Other License and Permits and Charges for Services These two categories combined are currently ahead of target budget This is mainly attributable to a combined increase of $1 21 million or 58 2% over same period last year The City has received $1,712,700 in building permits and plan check fees or 115% of budget through June 30, 2006 The most significant part of the increase is from plan check fees, which is 124 0% of target budget with 75 0% of the fiscal year complete This is mainly attributed to the Plaza El Segundo project Residential and interior commercial budding improvements continue to remain strong in Southern California and in the South Bay in particular The development outlook for 2006 (1 i .i BACKGROUND & DISCUSSION (CONTINUED) continues to look positive with several projects in the planning and design phase e. Fines and Forfeitures This category is currently ahead of target with budget The City has received $377,800 or 92 8% of budget through June 30, 2006 This is mainly attributable to a significant increase in Parking Fines This revenue source is up $40,300 or 14 1% compared to the same time period in FY 2004 -2005 f. Interest and Rentals This category is currently on target with budget In an effort to keep Inflation in check, the Federal Reserve has increased the federal funds rate, which is the rate at which depository Institutions lend balances to each other overnight, eleven times over the past year from 2 75% to 5 0% This has had a positive Impact on Interest income and the City's average rate of the investment portfolio has risen to just over 3 5% as of June 30, 2006 Total Revenues in this category are 87 5% with 75 0% of the fiscal year complete Two other General Fund categories including Other Revenue and Transfers in and Charges for Services are expected to be on target with budget Total Estimated Revenues With 75% of the fiscal year complete, all categories of General Fund revenues are either ahead of or on target with budget and there are no adjustments needed at this time Overall, General Fund revenues are 89 9% of budget Revenues in all other funds appear to be on target with the exception of the Water and Sewer funds which are projected to come in below expectations Revenue projections for these funds were based on rate increases becoming effective on October 1, 2005 The rate Increases went Into effect in on March 1, 2006, therefore, only half of the rate increase will be realized in the 2005 -2006 fiscal year GENERAL FUND EXPENDITURES The following is an analysis of General fund expenditures by major categories A. Elected Officials and Administrative Support Services This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's office, and Administrative Services, is currently on target with budget Oj2 BACKGROUND & DISCUSSION (CONTINUED) B. Non Department Non Department expenditures are currently on target with budget C. Public Safety The Police Department is on target with budget The Fire Department is on target with budget D. Planning and Building Safety This department, which consists of the Planning and Budding Safety is estimated to come in $341,000 over budget attributable to an unanticipated increase in projects requiring additional outsourcing of plan check reviews This is also reflected in the General Fund revenues as an increase in planning revenues E. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration Other fund operations in this function include Gas Tax, Facilities Maintenance and the Water Fund The total category is currently on target with budget with the exception of the Water Fund This fund is estimated to come in above budget mainly attributable to an increase in the depreciation expense over historical levels The increase in the Water Fund is more than offset by a decrease in the Sewer fund expenses, which are estimated to come in below budget attributable to a reduction in the Wastewater contractual payment made to the City of Los Angeles F. Recreational, Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library and Cable Services Department The Parks Department is anticipated to come in ahead of target with budget attributable to an increase inutility expenditures The Recreation Department is also ahead of target attributable to an increase in instructor payments due to an increase in contract classes The Library and Cable Services Department is on target with budget BACKGROUND & DISCUSSION (CONTINUED) Total General Fund Estimated Expenditures With 75% of the fiscal year complete, General Fund expenditures are on target with budget and there are no adjustments needed at this time Expenditures, fund balances and retained earnings in all other funds appear to be on target with budget with the exception of the Liability Insurance and Golf Course Funds The Golf Course Fund revenues are expected to come in at $107,500 under budget due to a decrease in driving range revenues Proprietary Funds At the end of FY 2003 -2004, the City was experiencing a declining revenue base at the same time that retirement and health costs were growing and the State of California was shifting additional property taxes to the schools As a result, the City faced General Fund financial gaps heading into both FY 2004 -2005 and FY 2005 -2006 Fortunately, during the past two fiscal years, the General Fund major revenue sources grew more than anticipated At the same time, the City used several of the City's proprietary funds to help close the financial gap The support of these funds together with an overall increase in the major sources of revenue has helped to keep the General Fund in a strong financial position As a result, staff is making recommendations to address the long term viability of these funds Liability Insurance Fund This fund is currently projecting a deficit at the end of FY 2005 -2006 This is attributable to a combination of expenses related to four litigated matters the past 2 fiscal years and a reduction in the transfers from the General Fund which played a part in reducing the initial General Fund gap Historically, the Liability Fund has charged the General Fund over $1 million annually and this transfer was reduced to $459,900 in FY 2005 -2006 Staff anticipates closing the deficit in the Liability Insurance Fund by transferring General Fund surplus generated in FY 2005 -2006 to the Liability Insurance Fund, Additionally, the FY 2006 -2007 preliminary budget includes funding 100% of estimated liability expenses through charges to all departments The Liability Insurance Fund budgeted expenses will be $1,329,700 This will be paid by charging the General Fund $651,650 and all other funds the balance of $678,050 Staff will continue to work with ICRMA's actuary to review the financial health of this fund Golf Course Fund The Golf Course Fund has a deficit of just over $2 8 million as of September 30, 2005 and this is anticipated to grow to just over $3 0 million by the end of FY 2005 -2006 This is attributable 034 BACKGROUND & DISCUSSION (CONTINUED) to a combination of debt service requirements on the Golf Course bonds, depreciation expense, and lower revenues the past several fiscal years, The City's new management company, Donovan, Lane and Associates, has made a number of operational improvements which have resulted in a reduction in operational expenses and a focus on improving the long term economic viability of the Golf Course Additionally, rate increases went into effect August 1, 2006, which are anticipated to yield approximately $130,000 annually in new revenues With the changes that Donovan, Lane, and Associates has made together with the termination of the debt service requirement on the bonds in August 2012 and the Increase in rates for the Golf Course and Driving Range, the Golf Course will be in a better position to meet the long- term objective of breaking even on an annual basis Water and Sewer Funds The Water and Sewer funds are projected to come in below expectations Revenue projections for these funds were based on rate Increases becoming effective on October 1, 2005 The rate Increases went into effect on March 1, 2006; therefore, only half of the rate Increase will be realized in the 2005 -2006 fiscal year Staff Is anticipating that future annual rate Increases will eventually enable both of these enterprise funds to be self sustaining with no assistance required from the General Fund At the September 19, 2006 City Council meeting, staff will be Initiating a process to mall protest ballots to all property owners in the City to determine if the water and sewer rate increases can be implemented This is based on a recent Supreme court ruling, which determined that water and sewer fees are considered "property related fees" and such fees may not be imposed or increased unless a local government conducts a majority- protest proceeding 45 days after mailing notice to all fee payers Equipment Replacement Fund During the FY 2005 -2006 budget process, City Council directed staff to transfer $479,400 from the General Fund to the Equipment Replacement fund for 3 years to help replenish this fund The FY 2006 -2007 Budget assumes transferring $500,000 from the General Fund to the Equipment Replacement Fund Worker's Compensation Fund The City of El Segundo's Worker's Compensation expenses have grown significantly over the past 3 fiscal years as has every other city in the Independent Cities Risk Management Association (ICRMA) risk management pool El Segundo has had a practice of recording a liability based on the total expenses Incurred plus the Incurred but Not Reported expenses on outstanding claims The City has been in discussions with Jack Joyce, who is the actuary of the entire ICRMA pool and he feels the City Is In a better conservative position than the majority of the other ICRMA member cities as a result of our conservative practice of recording V 3 J BACKGROUND & DISCUSSION (CONTINUED) the liabilities As a result, staff feels there is no need for any adjustments to this fund at this time but we will continue to monitor these expenses closely and stay in contact with the ICRMA actuary Conclusion The FY 2004 -2005 audited financial statements reflects a $4,057,450 transfer of the final FY 04 -05 General Fund - operating savings Into the Economic Uncertainty Fund as directed by City Council at the FY 2005 -2006 Strategic Planning Session Third Quarter actuals show General Fund revenues of 89 9% of budget with 75 0% of the fiscal year complete and expenditures on target with budget Staff is estimating a FY 2005 -2006 General Fund surplus, which will be deposited in the Economic Uncertainty Fund Staff will continue to monitor all revenues and expenditures very closely OJIS EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE- SEPTEMBER 5, 2006 AGENDA HEADING. Consent Agenda Consideration and possible action regarding approval to sell and dispose all property that has become unsuitable for City use Including unclaimed Police property (Fiscal Impact Unknown) RECOMMENDED COUNCIL ACTION: (1) Recommend that City Council declare vehicles, equipment and miscellaneous supplies identified in staff report as surplus and authorize the Risk Manager /Purchasing Agent to sell items at auction, (2) Authorize City Manager to trade -in Xerox 5100 analog copier for a new replacement digital machine (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The purpose of this request is to sell or use as trade -in unclaimed property and surplus City property pursuant to City of El Segundo Municipal Code Section 1 -10 -6 that has become unsuitable for City use The City has a limited amount of storage space available and therefore needs to periodically dispose of obsolete equipment and supplies. The attached list of items to be sold combines unclaimed property with property deemed surplus /unsuitable to City needs (Background and discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS: Exhibit "A" — Master Surplus List / August 2006 FISCAL IMPACT, Operating Budget: N/A Amount Requested: NIA Account Number* 001 - 300- 0000 -3901 (Revenue Account) Project Phase: Appropriation Required: _ Yes X No ORIGINATED BY DATE' Bret M Plumlee, Director Administrative Services 8-- z 9 -(16 REVIEWED BY � DATE: '6614 8129 0� Jeff Stewart, City Manage U17 BACKGROUND & DISCUSSION (Continued): All of the property on the attached list was either originally purchased by the individual departments or is property that was seized as part of a Police Department investigation Staff is recommending the items listed on Exhibit "A" be declared surplus property The property listed is not re- assignable to other City departments because of age or physical condition The City receives revenue from the sale of the unusable property through its auction company The last request for disposal of surplus items was approved by City Council on August 16, 2005 Staff is also requesting approval to use the City's Xerox 5100 analog copier, which is located in City Hall next to the central receptionist as a trade -in This copier has produced 7 4 million copies since its installation in January 1995 U A Master Surplus List September 5, 2006 9 -05 -06 Agenda Master Surplus List FINAL BP As 1 U, j `3 1977 Technical Rescue Mercedes 1978 Mover, Roof 1981 Grass Painter 1991 Mower, Gravely 1991 Chainsaw, Stihl 1994 Chainsaw, Stihl 1998 Chainsaw, Stihl 1998 Chainsaw, Stihl 1998 Leaf Blower, Echo 1999 Gator, John Deere 2001 Gator, John Deere 2002 Chainsaw, Hus uarna 2003 Sedan, Crown Victoria 2003 Quasar TV 1 VCR combo#W2020 Au -00 sta Aug-00 sla Aug-00 s/a Aug-00 Sony NNCR combo # KV20VM40 Aug-00 Sony NNCR combo # KV20VM42 Aug-00 Sony TVNCR combo #KVZOVM48 Aug-00 PC Dell O ti lex GX100 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00101 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00101 PC Dell O b lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O b lex GX110 00/01 PC Dell O ti lex GX110 00/01 PC Dell O ti lex GX110 00101 PC Dell Precision 220 00/01 PC GX110 O b lex hdd DOD erased 00/01 PC Dell O ti lex GX110 01/02 PC Gateway Profile 3 01/02 PC Gateway Profile 3 01102 PC Gateway Profile 3 01/02 PC Gateway Profile 3 01/02 PC Gateway Profile 3 01/02 PC Gateway Profile 3 01/02 PC Gateway Profile 3 01102 Printer HP LaserJet 5N 95/96 Printer HP LaserJet 5N 96197 Printer HP Printer LaserJet 5N 96/97 9 -05 -06 Agenda Master Surplus List FINAL BP As 1 U, j `3 Master Surplus List September 5, 2006 PC Dell O ti lex GX1 98/99 PC Dell O ti lex GX1 10 98/99 HP Color LaserJet 450ON Printer 99/00 PC Dell O ti ex GX300 99/00 PC Dell O ti lex GX1 99/00 PC Dell O ti lex GX1 10 99/00 PC. Dell O h lex GX1 10 99/00 PC Dell O ti lex GX1 10 99/00 PC Dell O ti lex GX1 10 99/00 PC Dell O ti lex GX1 10 99/00 PC Dell O ti lex GX1 10 99/00 PC Dell O ti lex GX1 10 99/00 PC Dell O ti lex GX300 99100 1 box of computer green bar paper Unknown 1 brown, 1 green Unknown 1 wood credenza Unknown 1 wood desk Unknown 12' Video Terminal /Monitor Unknown 15' LCD Monitors (Beige) Unknown 2- Archer A/B switches Unknown 2- Brown metal bookshelf Unknown 2- drawer file cabinet Unknown 3 Drawer file cabinet Unknown 4'desk Unknown 4 drawer lateral filing cabinet 1 drawer broken Unknown 4 drawer lateral filing cabinet (2 drawers broken) Unknown 4- metal locker banks, sets of 3, 12 total Unknown 5- drawers Unknown 6' table Unknown 6' x 3' table Unknown Tx 4' metal cabinet Unknown 8 - misc office chairs Unknown Base Radio Unknown Base Radio Motorola Unknown Beige swivel chair/ no arm rest Unknown Black ad ust/or anmic w /ad ust /Arm chair Unknown Black/ ray Black/ qray shelf Unknown Bolt/Wire Cutters 3 Unknown Box of grey wire 8 rolls Unknown Box of radio equipment Motorola Unknown CAN Connector #T2- PC1703N Unknown Chairs blue 4 Unknown Dell CPU Model GX1 10 Unknown Dell CPU Model GXA Unknown Dell CRT 17' Monitor East Planning) Unknown Dell Crt monnitors Unknown Dell Monitor 17" flat screen Unknown Dell Monitor 17" round screen Unknown 9 -05 -06 Agenda Master Surplus List FINAL BP As 2 014 0 Master Surplus Last September 5, 2006 Dell Monitor 17" round screen Unknown Dell Monitor 17" round screen Unknown Dell Monitor large flat screen Unknown Desk "corner" section Unknown Desk w/ drawers Unknown Dry erase board Unknown Epson Stylus printer Unknown Grey Box of DVDs, Steps & Game Unknown Grey standard/ ad ust/or nmic /arm rest Unknown Grey standard/ swivel/ ad ustarm /or nmic Unknown Grey/ hi hback/ad ust/or nmic /arm rest Unknown GXA Unknown Hose Cou Im — 4" Double Female Unknown HP 15' terminal Unknown HP 2500C printer Unknown HP Color LJ4500 Unknown HP Ink NI Ion black ribbons Unknown HP Printer/Hp 2564 B Unknown HP Tape Machine/HP 7980 Unknown HPC5190A- SCANNER no esta Unknown HPDeskJeskJet 560c Printer Unknown HPDeskJeskJet 560c Printer Unknown Keyboards Unknown Keyboards Unknown Large Deck Gun w/ Tips Unknown metal desk Unknown Metal desk Unknown Microwave Oven Unknown Motorola battery chargers 2 Unknown Office Chair - black Unknown Office Chair - brown Unknown Or an a Box lights 4 Unknown PC Dell O ti lex GX1 Unknown PC Dell O ti lex GX1 Unknown PC Dell O b lex GX1 Unknown PC Dell O ti lex GX1 Unknown PC Dell O ti lex GX1 Unknown PC Dell O ti lex GXA Unknown PC Dell O ti lex Gxi Unknown PC Dell O h lex GXMT 5166 Unknown PC Dell O ti lex GXMT5166 Unknown PC Fobtron Unknown PC Gateway 2000PC Unknown PC GXA O ti lex no hdd Unknown PC New Technologies Unknown PC Vector Pentium Unknown PC Vector pentiurn no hdd Unknown Printer Epson Unknown 9 -05 -06 Agenda Master Surplus List FINAL BP As 3 G C I Master Surplus List September 5, 2006 Printer Epson C60 Unknown Printer HP LaserJet 1100 Unknown Printer HP LaserJet 1150 Unknown Printer HP LaserJet 2100 Unknown PS /2 Keyboards Unknown PS /2 Scroll Mouse Unknown PS /2 Scroll Mouse Unknown RCA TV Unknown RCA TV Cable Box Unknown Resusci -Anne w/ Blue Box Unknown Sanyo Refrigerator, white, Model #SR -953 Unknown Small SCBA w/ mask 4 Unknown Sony Sorts Hand cam Unknown Speakers Unknown S eakers 3boxes Unknown Steel racks (quantity TBD' Unknown Steelcase "workstation" mdl 99167A Unknown Steelcase desk "partial" mdl#99167A Unknown Tan tweed swivel chair with no adjustment Unknown Texas Inst Calculator Unknown white computer table Unknown Wood Libra Table -dama ed Unknown WYSE Termmal/Monitor jUnknown 9 -05 -06 Agenda Master Surplus List FINAL SP As 4 G �� EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: September 5, 2006 AGENDA HEADING Consent Aoenda Consideration and possible action regarding an agreement with the County of Los Angeles to install automatic retractable screens on fifteen City Catch Basins to reduce storm water pollution (Fiscal Impact Initial installation = No Impact, future maintenance = $500 per year, estimate) RECOMMENDED COUNCIL ACTION (1) Authorize the City Manager to execute the Agreement with the County of Los Angeles in a form as approved by the City Attorney (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. In 2005, the Santa Monica Bay Restoration Commission awarded a grant to the County of Los Angeles to install automatic retractable screens (Trash Excluders) on catch basins within the Santa Monica Bay Watershed Trash Excluders are devices that mount inside catch basin openings to prevent trash and debris from entering during dry weather This permits street sweepers to pickup the trash During storms, the Excluder opens and allows storm water to enter the storm drain freely Installation of Trash Excluders is an effective way to reduce the amount of trash and debris that enters the City's storm drain system (Background and Discussion Continued on next page) ATTACHED SUPPORTING DOCUMENTS- (1) Map of catch basin locations (2) Photographs of Trash Excluder installation (3) Cooperative Agreement with the County of Los Angeles FISCAL IMPACT- Operating Budget: N/A Amount Requested: None Account Number: N/A Project Phase: Construction Appropriation Required: None ORIGINATED BY: DATE: ,� /Z� Ste/e Fintorf, Director of Public Works REVIEWED BY: DATE: X1�� 612 /O(o Jeff Stewart, City Manager J U43 M BACKGROUND & DISCUSSION (Continued): In October 2005, City staff provided the County a list of fifteen candidate catch basins This list includes catch basins along Main Street, Nash Street and El Segundo Boulevard (see attached map) These catch basins were identified by staff as experiencing the highest debris and trash accumulations The County has approved these installations and has requested that the City enter into a cooperative agreement, setting the terms of the County /City relationship regarding the project In summary, the agreement provides that fifteen catch basins will be equipped with Trash Excluders at a cost estimated at $40,000 The County will manage the installation contract and provide the necessary matching funds for the grant There will be no costs to the City for the initial installation of the devices Upon completion, the City of El Segundo will own, operate and maintain the installed devices in perpetuity The cost to inspect and maintain the devices in operable condition is estimated at $500 per year including costs to replace components that may become damaged or worn with use It is estimated that these maintenance costs can be absorbed by the existing Public Works Department budget El Segundo is one of seven Cities participating in this program The Cities of Hermosa Beach, Manhattan Beach, Inglewood, Rancho Palos Verdes, Santa Monica and West Hollywood are participating as well 0 4 1 4 m Z u 0 l a O� M�§ to r LU W V 8 aZp LU 0 Um O= � V V !n D Z Q ,r( C R' O ix CL 0113 AUTOMATIC RETRACTABLE SCREENS (ARS). An Automatic Retractable Screen prevents trash and debris from entering the catch basin during dry weather and moderate storm flows, thereby maintaining trash and debris within the street to be collected by street sweeping and other equipment It should open automatically to restore the curb opening with minimal obstruction when the depth of the storm flow in the street exceeds 3 inches. The mechanism for automatically opening the screen shall be any mechanism that is opened by the force of water acting on parts within the catch basin, other than the screen, causing the parts to move and open the screen. The force may be generated by the direct impact of the water on internal parts or by using the weight of water collected in a container. Please see the photo below as an illustration of this device. Please note that the device may vary from that shown In the photos below. U4 AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF EL SEGUNDO, a municipal corporation in the County of Los Angeles, (hereinafter referred to as CITY), and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter referred to as DISTRICT) WITNESSETH WHEREAS, DISTRICT is a political entity separate and distinct from the County of Los Angeles, (hereinafter referred to as COUNTY), and is governed by the COUNTY Board of Supervisors, pursuant to Section 3 of the Los Angeles County Flood Control Act, and WHEREAS, pursuant to Section 56 -3/4 of the COUNTY Charter, the DISTRICT'S functions are performed by COUNTY'S Department of Public Works, and WHEREAS, it is understood that the rights and obligations of DISTRICT herein apply solely to DISTRICT and not to COUNTY, and that it is intended that any provision herein for the protection of DISTRICT shall also apply to COUNTY, its Director, officers, employees, and agents performing functions on behalf of DISTRICT, and WHEREAS, CITY desires to reduce the amount of trash entering storm drains within CITY by having DISTRICT install 15 TRASH EXCLUDERS, which partially block the openings of catch basins within CITY streets, in approximately 15 CITY -owned catch basins, to keep trash from entering the catch basins, and WHEREAS, DISTRICT will administer the procurement and installation of TRASH EXCLUDERS in the CITY, (hereinafter referred to as PROJECT), and WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis, under the Proposition 50 —Santa Monica Bay Restoration Grant Program from the State Water Resources Control Board, (hereinafter referred to as SWRCB), for PROJECT, and WHEREAS, DISTRICT is willing to finance CONSTRUCTION CONTRACT COST at no cost to CITY, currently estimated to be $40,000, to be reimbursed by SWRCB, and WHEREAS, DISTRICT is willing to finance CONTRACT DOCUMENT PREPARATION and CONSTRUCTION ADMINISTRATION COSTS, currently estimated to be $10,000 � Page 1 of 7 1= 1 i WHEREAS, CITY is willing to accept TRASH EXCLUDERS and be responsible for the operation (which includes patrolling TRASH EXCLUDERS, especially during storms, to make sure that they are functioning properly and to relieve plugging when necessary), maintenance, repair, and future replacement of TRASH EXCLUDERS in perpetuity upon completion of PROJECT; and WHEREAS, PROJECT is entirely within the jurisdictional limits of CITY NOW, THEREFORE, the parties mutually agree as follows (1) DEFINITIONS• a CONTRACT DOCUMENT PREPARATION, as referred to in this AGREEMENT, shall consist of environmental documentation, preparation of location maps showing locations of TRASH EXCLUDERS, specifications, and cost estimates, based on records and measurements provided by CITY; and advertise PROJECT for construction bids b CONSTRUCTION CONTRACT COST, as referred to in this AGREEMENT, shall consist of all payments to the contractor for construction of PROJECT currently estimated to be $40,000 c CONSTRUCTION ADMINISTRATION, as referred to in this AGREEMENT, shall consist of construction contract administration, construction inspection, materials testing, construction survey, changes and modification of location maps and specifications for PROJECT, necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, and all other necessary work after advertising of PROJECT for construction bids to cause PROJECT to be constructed in accordance with the location maps and specifications approved by CITY d RIGHT -OF -WAY ACQUISITION, as referred to in this AGREEMENT, shall consist of investigation and preparation of search maps for right -of -way identification, property appraisals; title reports, preparation of legal descriptions, acquisition of any parcel of land and easements including negotiations, condemnation activities, and escrow costs, clearing any improvements within right of way, obtaining permits to enter other property, incidental and litigation expense, and all other work necessary to acquire right of way for construction of PROJECT. (2) CITY AGREES• a To review various types of TRASH EXCLUDER suggested by DISTRICT, perform appropriate analysis, and then select the most appropriate type for CITY'S catch basins, at no cost to DISTRICT CITY shall inform 1��2U Page 2 of 7 DISTRICT of its selection within 15 calendar days of receiving the specifications for TRASH EXCLUDERS from DISTRICT b To review location map and specifications for PROJECT and provide comments to DISTRICT within fifteen (15) calendar days at no cost to DISTRICT. c To perform and finance RIGHT -OF -WAY ACQUISITION necessary to complete PROJECT d To seek community support e To grant to DISTRICT any temporary or permanent CITY right of way and easement that is necessary for the construction of PROJECT at no cost to DISTRICT. f To issue all necessary permits for PROJECT on a no -fee basis g To be and to remain responsible for the operation and maintenance of CITY catch basins before, during, and after construction of PROJECT which includes but is not limited to, patrol and relieve plugging, especially during storms h Upon field acceptance of PROJECT by DISTRICT and at no cost to DISTRICT, authorize the City Engineer and /or Director of Public Works to sign the attached acceptance form, which indicates CITY is accepting ownership of TRASH EXCLUDERS and responsibility for operation and maintenance of TRASH EXCLUDERS, including all associated costs and liabilities in perpetuity. CITY'S responsibilities include, but are not necessarily limited to. Routinely inspect and repair TRASH EXCLUDERS to ensure that they are functioning properly Ii Replace any damaged EXCLUDERS with parts design specifications. or misplaced parts of TRASH equivalent to those specified in the ui Patrol and relieve plugging, especially during storms To be solely liable for any damages resulting from CITY'S actions or inactions with regards to the operation and maintenance of TRASH EXCLUDERS. To indemnify, defend, and hold harmless COUNTY and DISTRICT, their agents, officers, and employees, from and against any and all liability and C 40 Page 3 of 7 expense arising from any act or omission of CITY, its officers, employees, agents, or contractors of any tier, in conjunction with PROJECT or TRASH EXCLUDERS, and its ownership, maintenance, and inspection thereof including, but not limited to, defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury, or property damage Without limiting the scope of this indemnification, CITY agrees to indemnify, defend, and hold harmless COUNTY and DISTRICT from and against any action relating to the intake of storm water into any CITY catch basin (3) DISTRICT AGREES: a To finance and perform CONTRACT DOCUMENT PREPARATION and CONSTRUCTION ADMINISTRATION for PROJECT at no cost to CITY b To finance the CONSTRUCTION CONTRACT COST of PROJECT, currently estimated to be $40,000, to be reimbursed by SWRCB c To provide CITY a list of suggested TRASH EXCLUDERS for CITY to select d To submit location map and specifications for CITY'S review e. To submit final location map and specifications for CITY'S approval. (4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS a PROJECT consists of the work shown on DISTRICT'S location map and specifications, which will be located in the map vault at the County of Los Angeles Department of Public Works, Alhambra Headquarters b DISTRICT shall have the right to reject all bids after notifying CITY and may readvertise PROJECT if DISTRICT deems such action is to be in the best interests of the DISTRICT c DISTRICT may unilaterally terminate this AGREEMENT without cause, in DISTRICT'S sole discretion at any time by giving thirty (30) calendar days prior written notice to CITY d Each party shall have no financial obligation to the other party under this AGREEMENT, except as herein expressly provided e This AGREEMENT may be modified only by the mutual written consent of both parties Page 4of7 G:,0 f During construction of PROJECT, DISTRICT shall furnish an inspector or other representative to ensure that PROJECT is completed according to approved location maps and specifications. CITY may also furnish at no cost to DISTRICT, an inspector or other representative Said inspectors shall cooperate and consult with each other CITY inspector shall not issue any directive(s) to DISTRICT'S contractor for PROJECT, but shall work through DISTRICT'S inspector The orders of DISTRICT'S inspector to the contractor or any other person in charge of construction shall prevail and be final g In contemplation of the provisions of Section 895 2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the parties hereto, pursuant to the authorization contained in Sections 895 4 and 895 6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895 2 of said Code To achieve the above - stated purpose, each of the parties indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of said Section 895 2 The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein h It is understood and agreed that the provisions of the Assumption of Liability Agreement No 32057 between CITY and COUNTY, adopted by the County of Los Angeles Board of Supervisors with an effective date of March 22, 1978, and currently in effect, are inapplicable to this AGREEMENT. This AGREEMENT contains the complete and final understanding of the parties in connection with the subject matter herein and shall supersede any and all previous contemporaneous oral or written agreements between the parties regarding said subject matter The provisions of this AGREEMENT shall be interpreted and enforced pursuant to the laws of the State of California Page 5 of 7 k Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following- CITY Mr Steve Finton Director of Public Works City of El Segundo Attention Ron Fajardo 350 Main Street El Segundo, CA 90245 -3895 DISTRICT Mr Donald L Wolfe Chief Engineer of the Los Angeles County Flood Control District County of Los Angeles Department of Public Works P O. Box 1460 Alhambra, CA 91802 -1460 Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF EL SEGUNDO on , 2006, and by the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT on 2006 COUNTY OF LOS ANGELES, acting of behalf of the Los Angeles County Flood Control District IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF EL SEGUNDO on , 2006, and by the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT on .2006 ATTEST SACHI A HAMAI Executive Officer of the Board of Supervisors of the County of Los Angeles IFA Deputy APPROVED AS TO FORM RAYMOND G FORTNER, JR County Counsel By Deputy CITY OF EL SEGUNDO By Jeff Stewart, City Manager ATTEST By Cindy Mortesen, City Clerk COUNTY OF LOS ANGELES, acting of behalf of the Los Angeles County Flood Control District z Mayor, Los Angeles County Date Approved as to Form Mark D Hensley, City Attorney By Karl H Berger, Assistant City Attorney P \pdpuMFiood \PROJECTS \Santa Monica Bay Watershed Trash Excluders (Prop 50) \Draft Agreement with EL SEGUNDO rewsed signature page per City doc Page 7 of 7 .. 1) J j EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a contract with MRH Structural Engineers for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility and grading plan review services on an as- needed basis Contract maybe extended annually, not to exceed three years Total cost not to exceed $257,544 for fiscal year 2006 -2007 (Fiscal Impact $257,544) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a standard Professional Services Agreement with MRH Structural Engineers for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility and grading plan review services on an as- needed basis, and /or; 2 Alternatively, discuss and take other actions related to this Item. BACKGROUND & DISCUSSION: On August 7, 2006, the Planning and Building Safety Department issued a Request For Proposal (RFP) to solicit the services of a plan review consultant to be used by the Building Safety Division for providing architectural, structural, energy, electrical, mechanical, plumbing, accessibility, and grading plan review services for large or complex projects that are out of the (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS- Scope of Services and Fee Schedule with MRH Structural Engineers FISCAL IMPACT: $257,544 Operating Budget. $257,544 (FY 2006 -2007) Amount Requested. $257,544 (FY 2006 -2007) Account Number. 001 -400- 2403 -6214 Project Phase: N/A Appropriation Required: X Yes —No Liu Gary D. Chicott/Interim Director of Planning and Building Safety REVIEWEDA� r Jeff Stewart, City Manager BACKGROUND & DISCUSSION: (cont.) DATE' J_ `L y, ®6 DATE: 10 1 STAFF REPORT September 5, 2006 Page 2 BACKGROUND & DISCUSSION: (cont.) scope of staff's expertise The RFP was distributed to eight plan check consulting firms Of the eight firms contacted, five firms responded with proposals pursuant to the RFP The cost of using an outside consultant is offset by the plan check fees that are collected from the applicant to perform the related plan review The five firms that submitted proposals are ranked as follows 1 MRH Structural Engineers 2 JAS Inc, 3 CSG Consultants Inc 4 California Code Check 5 Melad & Associates MRH Structural Engineers proposes the lowest fee schedule, ranging from 25% to 65% of plan check fees, well below the fees In the other four firms' proposals and well below the maximum fees allowed in the RFP MRH proposes compliance with the City's requirements for plan check turnaround time Additionally, their proposal includes availability to provide on -site staffing services when needed JAS proposes the next lowest fee schedule, ranging from 50% to 65% of plan check fees, followed by CSG Consultants, whose fees range from 55% to 80% of plan check fees Both JAS and CSG Consultants proposals include compliance with the City's requirements for plan check turnaround time JAS also indicated they could provide plan check services on -site California Code Check's proposal Includes a lengthier plan check turnaround time than what is required in the RFP and Melad & Associates exceeded the maximum fees allowed In the RFP Except for Melad & Associates, the other four firms proposed a fee of $70 00 an hour for accelerated plan check services in compliance with the requirements of the RFP This cost Is offset by the fee charged by the City for accelerated plan check services Planning and Building Safety staff recommends contracting with MRH Structural Engineers to perform the services required They currently provide complex plan review services for the Building Safety Division on an as- needed basis and they have done so very competently for the past eight years Their proposal was selected because they have provided a high quality of service with the level of expertise needed at a cost that Is competitive, fair and reasonable Additionally, MRH Structural Engineers has been responsive and flexible in meeting the plan check needs of the Planning and Building Safety Department by providing on -site staffing support both to facilitate projects proactively through the plan check process rapidly and successfully and to compensate for staffing shortages with limited advance notice P \Planning & Building Safety\Bldg \Plan Check Services \09- 05- 2006BIdgServicesCCReport doc oD5 1 t MRHStructural � Engineers a Structural Engineering - Plan Review Services - Forensic Investigations a # Proposal of Contract Plan Check Services El Segundo RFP # CEDS 06 -11 4 MRH Structural Engineers shall perform the following professional services when requested by -3 the Planning & Building Safety Director of the City of El Segundo � ❖ Provide thorough quality code compliance plan reviews according to all adopted and legislated codes and regulations to include reviews of construction documents submitted to I the City for ?t • Building permits Mechanical permits • Electrical permits • Plumbing permits • Grading permits • Energy Compliance reviews a The above reviews shall include• A I • Review analysis of all engineering calculations -0 • Review of Geotechnical and Soil Reports • Review of other technical reports as needed • Review of book specifications • Review of Field Changes and Deferred Submittals 7 • Review of additional work on projects as needed 7 • Recheck of all plans and supporting documents through to approval 7 7 ❖ Perform accelerated plan reviews on an as needed basis a ❖ Perform all plan checks with competent personnel qualified and experienced in the discipline a to be reviewed Reviews on structural plans shall be by a registered Structural Engineer 1 ❖ Coordination and integration of all separate permits, those under our review, for each project ❖ Advise and consult with the Building Official, or staff, regarding potentially unsafe conditions shown or not shown within plans that may not be specifically covered in code Provide recommendations for discretionary decisions that must be made by the Building 1 Official Page 1 of 6 7 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633 -8302 fax (714) 633 -4917 1 t s 1 Ei MRHStructural Engineers Structural Engineering - Plan Review Services - Forensic Investigations Advise and consult with the Building Official, or staff, regarding issues of conflicts between adopted codes and unadopted or other legislated codes and regulations ❖ Provide the applicant and the City clear and comprehensive corrections lists with deficient items referred to specific code sections to ensure understanding, reduce project conflicts and resubmissions, and speed the approval process for all ❖ Provide review, consultation, and corrections follow -up service for each project through to final approval. Approval will be by MRH or the City staff at the City's option ❖ Pick up plans at the City mostly within a day of notification, maximum 24 hours In most cases MRH plan checkers will personally pick up and drop off plans at the City ❖ MRH guarantees to meet the following City requested maximum turnaround times for plan reviews for non - complex and non -multi building projects Pickup and deliver days are not included in the plan check and recheck times. 1. Architectural and Structural ( includes Accessibility and Energy Reviews) • Regular plan check • Accelerated plan check and over $1,000,000 in valuation • Accelerated plan check and under $1,000,000 in valuation 2. Grading • Regular plan check. • Accelerated plan check. 3. Plumbing, Mechanical, and Electrical • Regular plan check • Accelerated plan check 15 working days 10 working days 5 working days 10 working days 5 working days 10 working days 5 working days Page 2 of 6 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel. (714) 633 -6302 Fax (714) 633 -4917 1 6 J ! ! It ! ! F4 14 MRHStructural Engineers Structural Engineering - Plan Review Services - Forensic Investigations ❖ MRH is dedicated to assisting the City and its applicants in minimizing conflicts, facilitating solutions, and providing a thorough but efficient review process We strive to establish and keep communications open to achieve those goals We will fax or email our correction lists to the applicants before returning plans to the City for pick -up, when requested. • We will gladly review faxed and or emailed material between submissions • We will gladly attend all pre - submittal and design discussion meetings requested by the City, and without charge to the City • We will meet with applicants at City offices, or ours, with reasonable notice • We will be available to the City and the applicants by phones Monday through Friday, from 8 00 to 5 00 (often earlier and later and on the weekends ) • We will have a live person to answer the phone and we will return phone calls mostly within the same day • We are mtemet accessible and will have our e-mail address on the corrections lists • We will make our mobile phone and pager numbers available to the City staff members • We will obtain service with the City's cellular provider, if the volume of work warrants Page 3 of 6 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633 -6302 Fax (714) 633 -4917 (158 t lit I] ! MRHStructural Engineers structural Engineering - Plan Review Services - Forensic Investigations Fees ❖ Valuated Reviews. For permit applications where fees are based on project valuation, MRH shall provide the above service based upon a percentage of the total of the standard plan check fees charged by the City for each application reviewed, and any final adjustments due to revised valuations Standard fees are the basic City fees prior to any discounts given to the applicants. MRH fees shall be per the following fee schedule Proiect Valuation up to $1,000,000 . $1,000,001 to $ 4,000,000 $4,000,001 to $7,000,000 MRH % of City fee 48% 44% 38% ! $7,000,001 to $10,000,000 .... 34% ! over $10,000,000 ... 25% ! ! ❖ Quantity Count Reviews- For permit applications where fees are based on project item ! quantities (mechanical, electrical, plumbing, and grading), MRH shall provide the above service based upon 65 percent of the total of the standard plan check fees charged by the 9 City for each application reviewed, and any revised final quantity adjustments Standard fees ! are the basic City fees prior to any discounts given to the applicants ! ! d 4 ❖ Hourly Reviews: For permit applications and follow -on deferred item or field change submittals where fees are not based on project valuation or quantity counts, MRH shall provide the above services for an hourly rate of $75 00 per hour ❖ Accelerated Fees For all reviews requested to be accelerated MRH shall provide the above service for an additional $70 00 per hour ❖ Plan Check Engineer. If MRH offers to make Plan Check Engineer(s) available to work at the city, MRH shall provide the staff duty at the city for an hourly rate of $105.00 per hour ❖ Travel time for pick -ups, deliveries, and to and from recheck meetings shall not be included in time worked Rechecks and plan check meetings are included in the base fees Page 4 of 6 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633 -6302 Fax (714) 633.4917 ubJ i7 MRHStructural Engineers Structural Engineering - Plan Revlow Services . Forensic Investigations 2 Page 5 of 6 ,i 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633.6302 Fax (714) 633 -4917 Billing: •'• MRH shall provide the City with itemized billmg on a monthly basis This will avoid prolonged accounting uncertainties for both parties. Bills are due within thirty (30) days of the date of the invoice Insurance: MRH currently carries 51,000,000 of professional liability insurance coverage and shall continue to maintain that coverage and other insurance coverages that may be required by the City until the expiration a working agreement * Non - Discrimination: MRH is an equal opportunity employer and contractor and will not exclude or discriminate on 1% the basis of race, color, national origin, or sex in consideration of contract award opportunities * MRH will always consider, and utilize sub - consultants, bidders, and vendors in a manner consistent with non - discrimination objectives. �! Length of Validity: 14 This proposal shall be valid for on hundred eighty (180) working days from the submittal deadline of August 22, 2006, Business License: MRH has a current City of El Segundo business license on file at City Hall Page 5 of 6 ,i 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633.6302 Fax (714) 633 -4917 1 1 1 1 r 1 1 1 1 1 1 I MRHStructural Engineers structure/ Engineering - Plan Review Services - Forensic Investigations Contact Information: °• Please contact Legal Information: Mohammad Hann, S E, Principal phone 714- 633 -6302 fax 714- 633 -4917 email MRH_SE @sbcglobal net MRH Structural Engineers 1411 N Batavia Street, Suite 202 Orange, CA 92867 ❖ MRH Structural Engineers, Incorporated is a California corporation and is located at the above address Federal Taxpayer I D number 95- 4863086 If you should have any questions, please do not hesitate to contact me at (714) 633 -6302 Yours truly, 4 Mohammad Hann, S.E Principal Page 6 of 6 11 1411 North Batavia Street, Suite 202, Orange, CA 92867 Tel (714) 633.6302 Fax (714) 633 -4917 06i EL SEGUNDO CITY COUNCIL MEETING DATE September 5, 2006 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding the award of contract to American Asphalt South, Inc for 2005 -2006 Slurry Seal of Various Streets – Approved Capital Improvement Program – Project No PW 06 -09 (Fiscal Impact = $263,248 81) RECOMMENDED COUNCIL ACTION- Recommendation – (1) Award contract to the lowest responsible bidder, American Asphalt South, Inc, in the amount of $263,248 81, (2) Appropriate $20,000 of gas tax funds from Account No 106- 400 - 8203 -8608 for this project, (3) 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 On July 18, 2006, the City Council authorized staff to advertise the project for receipt of construction bids Eight (8) contractors purchased bid documents On August 10, 2006, the City Clerk received two (2) bids as follows American Asphalt South, Inc $263,24881 Pavement Coatings Company $272,69651 (Background and Discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS• Location Map FISCAL IMPACT FISCAL IMPACT Operating Budget $250,00000 Amount Requested. $270,00000 Account Number. 001 -400- 4202 -6206 Project Phase, Award of Contract Appropriation Required, yes - Appropriate $20,000 from Account No 106 - 400 - 8203 -8608 ORIGIN ;R�— ED DATE 8 St e D irector o Public Works REVIEWED Y DATE* Jeff Stewart, City Manager 1 -1 BACKGROUND AND DISCUSSION (CONTINUED): The low bid from American Asphalt South is significantly higher than staffs estimate Asphalt and aggregate prices have increased substantially in the last year Staff has contacted other agencies and contractor's and has determined that the bids received are competitive and represent today's slurry seal costs The contract includes slurry sealing of the area bounded by El Segundo Boulevard, Mariposa Avenue, Sepulveda Boulevard and Sheldon Street All streets will receive a conventional slurry seal coating with the exception of Grand Avenue which will receive a more durable rubberized slurry seal with crumb tire rubber Staff recommends awarding the contract to the lowest responsible bidder, American Asphalt South Inc for $263,248 81 $250,000 is currently available for this project With the increase in slurry seal pricing, an additional $13,241,81 is required to cover the contract amount Staff requests additional appropriation in the amount of $20,000 to account for minor contingencies to provide an overall project budget of $270,000 It is recommended that the appropriation be made from the balance of funds available after completion of the Continental Boulevard Rehabilitation project ($20,000, Gas Tax Funds, Account No 106- 400- 8203 -8608) 0 6J) �j 9Aj NOUVIAV t 1 r I tt 19 NDIDNINStlM CN 441 N r r p I 1S Ni" 5 ! I V r IV C N `R r I !J N � Q S N w —_ J' 4AlB NOI1VIAtlS I I i i I !OPiausi L- ct c CU N 1, } a O W_ � LO �O �_ I //�O a. E O 0) 0) { LL cu LO Opp !OPiausi L- ct c CU N 1, } LL O a /W� V/ ^' W ' O 0) 0) s— Q O rr�� v! z �O 7 pi it .r r W g 3 1, 6 i EL SEGUNDO CITY COUNCIL MEETING DATE September 5, 2006 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda DESCRIPTION Consideration and possible action to authorize the purchase of two trailer- mounted electronic message boards from American Barricade Inc at a cost of $33,995 13 to provide incident information or emergency instructions to motorists (Fiscal Impact Purchase = $ 33,995 13 Grant Funds, future maintenance = $200 per year estimate) RECOMMENDED COUNCIL ACTION Recommendation — (1) Authorize the City Manager or designee to purchase two trailer - mounted electronic message boards from American Barricade Inc at a cost of $33,995 13, and /or (2) Alternativelv discuss and take other action related to this item Funding for the purchase of electronic message boards is available through a grant from the U S Department of Homeland Security, under the Urban Area Security Initiative (UASI) FY 2004 grant program The grant will fund 100% of purchase costs The trader mounted message boards are 44" high by 84" wide with solar powered light emitting diode (LED) displays The message boards can be towed by any light vehicle with a tow hitch and are suitable for use in parking lanes or center medians They can be used to Inform motorists of emergency conditions or any event Only two local distributors carry the message boards American Barricade's quote of $33,995 13 was the lower (Background and discussion continued on the next page. ) ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT; Operating Budget No Capital Improvement Program. No Amount Requested* $33,995 13 Grant Funds Account Number, 001. 400.3255 -8104 Project Phase, Purchase Appropriation Required No ORIGIN TED B DATE: St en Fi ton, DirecPublic Works REVIEWE� DATE Jeff Stewart, City Manager 2 06J BACKGROUND & DISCUSSION Continued. Under the UASI grant guidelines, the City would be required to maintain the message boards in operable condition for their reasonable useful lives Maintenance costs are estimated at $200 per year for LED replacements and other incidental maintenance items There is no requirement that the City replace the message boards at the end of their useful lives, however, the City would be required to use any proceeds from the sale or salvage of the message boards to purchase a replacement or similar device X1166 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 5, 2006 AGENDA HEADING: New Business 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 2008 and 2014 Park Place, EA No 704 and AUP No 06 -3 Applicant Marmalade Inc AKA Marmalade Cafe (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1 Determine that the City Council does not protest the issuance of new Type 47 and Type 58 ABC licenses at 2008 and 2014 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 July 31, 2006 (Exhibit C) 4 Planning Commission Staff Report dated August 10, 2006 (Exhibit D) FISCAL IMPACT None Operating Budget Amount Requested: Account Number, Project Phase, Appropriation Required: WED BY N/A N/A N/A N/A _Yes x No Director of Plannina and Buildi Jeff Stewart, City Manager J -2q -a� DATE , / 612- (0(lo u6, 1 3 STAFF REPORT: September 5, 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 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 Type 47 and 58 licenses On July 31, 2006, the Planning and Building Safety Director approved an Administrative Use Permit application (EA No 704 and AUP No 06 -3) for 2008 and 2014 Park Place The Director conditioned the approval of the Administrative Use Permit to limit the restaurant hours to 7 30 am to 11 pm daily The bar hours of operation would be limited to 7 30 am to 11 pm Sunday through Wednesday, 7 30 am to 12 am Thursday, Friday and Saturday, and 7 30 am to lam on Holidays The Holidays include New Year's Eve, New Year's Day, Martin Luther King Jr Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve, Christmas Day, Saint Patrick's Day, and Cinco De Mayo The Director's decision was forwarded to the Planning Commission on August 10, 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 \Planning & Building Safet)kPROJECTS\701- 725 \EA - 704\2006 -08 -14 EA -704 ccreport doc (-'6O T_ EL SEGUNDO POLICE DEPARTMENT RECOR' PERIOD JUNE -DECEMBER 2005 PART I CRIME AND A.- _i= STATISTICS BY REPORTING DISTR_ (RD)1 RD RD 'PART FELONY /MISD TOTAL PERCENTAGE 101 20 9 29 —52% 1 102 8 9 17 -10% 103 5 5 10 -470/, 104 11 9 1 20 -50/. 105 6 6 -37% 106 9 5 ]a -26% 107 1 15 33 48 +152% lDe 4 11 I 1s -210/0 109 5 13 16 -5 110 5 3 B -5B% 111 0 21 21 -r10% 112 13 13 26 t37% 113 4 17 21 -110/0 114 3 19 22 +16% 115 0 0 0 D% 116 0 15 i5 -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 i63CYO 208 17 13 30 +59% 209 16 31 47 1147 ° /D 210 B 21 29 T530/0 211 12 14 26 +37 °r6 212 4 20 24 -260/c 301 9 14 23 +210/0 302 5 6 13 -32 °/D 303 6 25 31 +630/0 3D4 1 7 6 -580/0 305 7 17 24 -26 0/0 306 1 1 2 -89 °/D 307 D D D D% 3D6 22 47 69 - 263 ° /D 309 12 19 31 1 +63°io 310 2 3 5 -74 0/D 311 5 B 13 -320/c 312 6 5 13 -32 0/D 313 0 2 2 -89% 314 4 14 18 -50/0 315 0 7 7 -630/0 316 4 2 6 -680/c 317 1 13 14 -26% 318 20 16 1 36 +890/0 319 26 19 45 +137% 320 3 4 7 -63% 321 4 4 322 2 0 2 -89% 323 0 1 1 1 -950/0 324 4 2 6 -68% TOTALS 357 633 990 N umber of Reporting Distracts = 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 06/01/2D05 throw h 12/31/2005 Records /eg Page 1 1/27/20D6 6 9 r n � I�t , uj LU 'jJ n U n R N Cl) A n N CN, - C v C C C y m Z LLI J" L ay o '" N y• � Y ® b " Lid o Elected Officials Kslly McDowell, Mayor Enc B..ch, Mayor Pro Tom Jim Bou/gentlu, Councd Member Carl Jacob.on, Councd Member Bill Fisheq couneil Member andymorn..n, city Clerk Ralph Lenph., City Tre..rer Appointed Officials Jeffroy Stewart, City Menag.r M.rkD Henaleg Chy Aeom.y Department Directors Bill Cmwa, A..I.cmt City Manger Bref A..Ie., Atlminubafls. S.rvmv K.sm Smith, Intanm Fire Chief D.brs BnphMn, Lfb.ry 6 Cable Service. Gary Chmau, Intanm P/anmy.nd Budding Seffy Jack Wayt, Polme Chuf Sbven Fmfen, Pubbc Works - Vacant R...h.. 6 Parks www eisegundo org July 3 4 i 1 Department of Planning and Building Safety � . 2006 Jean Claude Sakoun SBCCo , Inc P O Box 3026 Santa Monica, CA 90408 RE Environmental Assessment No. EA -704 and Administrative Use Permit (AUP) No. 06 -3 Request for Two Alcohol Licenses at a New Restaurant (Type 47 and Type 58 State of California Alcoholic Beverage Control License) Address: 2008 and 2014 Park Place Dear Mr Sakoun In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22, the Interim Director of Planning and Building Safety Department APPROVED Administrative Use Permit No 06 -3 for the on -site sale and consumption of beer, wine and distilled spirits and a catering license for the sale of alcohol in conjunction with a new restaurant The Interim Director has not identified a reason to oppose the issuance of a Type 47 and Type 58 license by the Alcoholic Beverage Control Department for a new restaurant located at 2008 and 2014 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. 704 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 Map No 061630) with conditions A certified 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 074 Final Environmental Impact Report (EIR) was required and approved for the development of the shopping center a Facts in Support of Finding 1 a 1 The applicant proposes to provide for the sale of beer, wine and distilled spirits for on -site consumption at a new restaurant and the sale of alcohol in conjunction with the catering license 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 EI Segundo shopping center, which has previously been approved under a certified Final Environmental Impact Report 2 The 6,219 square -foot restaurant is located at 2008 and 2014 Park Place in a commercial shopping center currently under construction Administrative Use Permit 06 -3 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 6,219 square -foot restaurant will be located within the Plaza El Segundo shopping center at 2008 and 2014 Park Place The restaurant will include a bar and a patio The interior dining area is 4,759 square feet and the outdoor patio is approximately 1,460 square feet totaling 6,219 square feet The total number of seats proposed within the restaurant and bar are 115 seats The outdoor patio would provide 86 additional seats 2 The minimum number of required parking spaces for the restaurant and patio (based upon the proposed uses) is 83 stalls of which 75 parking spaces will be provided on -site The remaining 8 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 2 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) and catering license for the sale of alcohol (Type 58) 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 August 10, 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 3 07 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 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 and patio hours of operation are limited to 7 30 am to 11 pm daily The bar hours of operation would be limited to 7 30 am to 11 pm Sunday through Wednesday, 7 30 am to 12 am Thursday, Friday and Saturday, and 7 30 am to 1 am on Holidays Limited food service would be available in the bar after the dining area and patio has closed, 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 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 4 L7" industrial zone that is not adjacent to any residential uses, will help to minimize impacts on surrounding uses 3 The restaurant and patio hours of operation are limited to 7 30 am to 11 pm 14 daily The bar hours of operation would be limited to 7 30 am to 11 pm Sunday through Wednesday, 7 30 am to 12 am Thursday, Friday and Saturday, and 7 30 am to 1 am on Holidays Limited food service would be available in the bar after the dining area and patio has closed 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 two licenses from the State of California Department of Alcoholic Beverage Control (Type No 47 and Type No 58) 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 Administrative Use Permit approval for 2008 Park Place is only applicable to the outdoor dining area provided in conjunction with the restaurant at 2014 Park Place 2 The restaurant and patio hours of operation are limited to 7 30 am to 11 pm daily The bar hours of operation would be limited to 7 30 am to 11 pm Sunday through Wednesday, 7 30 am to 12 am Thursday, Friday and Saturday, and 7 30 am to 1 am on Holidays The Holidays include New Year's Eve, New Year's Day, Martin Luther King Jr Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve, Christmas Day, Saint Patrick's Day, and Cmco De Mayo Limited food service would be available in the bar after the dining area and patio has closed Food service must be available in the bar 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 Building Safety (1 ) 5 -' 3 The seating within the restaurant must be limited to 100 seats in the dining area, 15 seats at the bar and an additional 86 seats in the outdoor patio for a total of 201 seats 4 The tables, chairs and umbrellas must be affixed to the ground or removed and secured indoors nightly 5 The outdoor patio must be secured with a fence, gate or wall subject to review and approval of the Director of Planning and Building Safety 6 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 7 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 Budding Safety Department 8 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 and Type 58 license 9 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 10 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 11 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 12 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 Ui� 13 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 14 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 15 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 16 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 17 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 18 The outdoor dining /seating areas must comply with ESMC § 15 -2 -16 7 U7 7 I 19 The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC 20 The budding and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC 21 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 704 and Administrative Use Permit No 06 -3 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 -704 or AUP 06 -3, 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 August 10, 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 September 5, 2006 If you have any questions regarding this project, please contact Alexis Schopp, Planning Technician, at (310) 524 -2343 Sincerely, Gary ico terim Director Department lannmg and Building Safety P \Planning & Budding Safety\ PROJECTS \701- 725\EA- 70412006 -07 -25 EA -704 AUP LTR doc 8 J ly CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: August 10, 2006 SUBJECT: Environmental Assessment No. 704 Administrative Use Permit No. 06 -3 APPLICANT: Marmalade, Inc, Dba Marmalade Cafe 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: 2008 and 2014 Park Place DESCRIPTION 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 2014 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 The following chart describes the proposed dining and seating areas PROPOSED PROPOSED SQUARE FOOTAGE NUMBEWOF'SEAT$e RESTAURANT .E1, Indoor Dining and 4,759 SF 115 seats Bar Outdoor Patio 1,460 SF 86 seats Total 6,219 SF 201 seats 1 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 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) 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 with 86 seats The patio area extends across the property line of 2014 Park Place onto 2008 Park Place Outdoordining is a permitted accessory use Outdoordining 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 RG,PDSEDi i ~" tRROPOSE�D SQUARE �F ATZIGE REQUIRED �` I. Dom` * CES� STAURA ,4, "PARKING RAT16 Indoor Dining 4,759 SF —1 Spacel75 SF 63 5 Parking Spaces and Bar Outdoor Patio 1460 SF — 1 Space/75 SF 19 5 Parking Spaces Total 6,219 SF 83 Parking Spaces Note- Pursuant to El Segundo Muniapal Code §15 -15 -2 G, fractional spaces are rounded to the nearest whole number J The proposed indoor dining area, lounge and bar, and food preparation areas is 4,759 square feet which requires 63 5 parking spaces The proposed outdoor patio is approximately 1,460 square feet and would require approximately 19 5 parking spaces The total required parking for the proposed restaurant is 83 parking spaces The parcel has 75 parking spaces on -site The remaining parking will be provided on one of the adjacent parcels with excess parking through a Covenant and Agreement The restaurant and patio hours of operation are limited to 7 30 am to 11 pm daily The bar hours of operation would be limited to 7 30 to 11 pm Sunday through Wednesday, 7 30 to 12 am Thursday, Friday and Saturday, and 7 30 am to 1 am on Holidays The Holidays include New Year's Eve, New Year's Day, Martin Luther King, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Eve, Christmas Day, Saint 2 i)Uv Patrick's Day, and Cinco De Mayo Limited food service would be available in the bar after the dining area and patio has closed 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 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 IL Inter - Departmental Comments The project applications and plans were circulated to the Police Department for review The Police Department's comments are attached Ill. RECOMMENDATION Receive and File IV. EXHIBITS A Administrative Use Permit Approval Letter, dated July 31, 2006 B Administrative Use Permit application C Inter- Departmental Comments D Plans Prepared by Alexis %S�ch�oppp,�Planning Technician i 'I- rWGGdX,(�v�J Kimberly Chri ensen, AICP, Planning Manager Department of Planning & Budding Safety ,'Gary Chicotsnterim Director Department o Planning & Building Safety P \PBSPROJECTS \701- 725\EA- 70412006 -06 -10 EA -704 PC -SR doc rJ � y