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2007 FEB 06 - CC PACKETF i V1 R i7 9 Y IR AGENDA r 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, FEBRUARY 06, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4452 Next Ordinance # 1406 y PUBLIC COMMUNICATION - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) - 2 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: -0- matter ,,;U�) (--)r. AGENDA L EL SEGUNDO CITY COUNCIL x 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, FEBRUARY 06, 2007 - 7:00 P.M. Next Resolution # 4452 Next Ordinance # 1406 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Craig Layne, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch �u� PRESENTATIONS — a) Recognition of participants of the Residential Community Emergency Response Team (CERT) course Bill Brummond, Brenda Forsythe, Nora McElvain, Donna Nystrom, Katherine Schwarz, Lawrence Talbott, Gary Thompson, Gigi Thompson, Michael Parker, Dontay Kidd, Richard Stenlake, Greg Runcie, Abel Ramirez, Tim Harris, and Steven Wyett b) Proclamation observing the month of February, 2007 as American Heart Month and encouraging all citizens to loin the American Heart Association in its crusade against heart disease and stroke ROLL CALL PUBLIC COMMUNICATIONS —(Related to City Business Only —5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action to conduct a public hearing regarding a new Alcoholic Beverage Control (ABC) license for on -site wine tasting events at the Holly Main Liquor Store at 404 Main Street. (Fiscal Impact: None) Applicant: Ms. Christina Yoon. Recommendation — (1) Open Public Hearing, (2) Discussion, (3) Adopt a Resolution approving Environmental Assessment No EA -713 and Conditional Use Permit No. 06- 06, (3) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4 UU << E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2. Warrant Numbers 2557363 to 2557788 on Register No. 8 in the total amount of $3,089,848.07 and Wire Transfers from 01/05/2007 through 01/25/2007 in the total amount of $1,309,902.13. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 3. Regular City Council Meeting Minutes of January 16, 2007 and Adjourned Regular City_Council Meeting Minutes of January 22, 2007. Recommendation — Approval 4. Consideration and possible action to accept a cash donation totaling $5,000 from DirecTV in support of Super CPR (Cardin- Pulmonary Resuscitation) Saturday and other public education programs to be held in 2007, for supplies, equipment and other resources. (Fiscal Impact: $5,000) Recommendation — (1) Accept donation and authorize the City Manager to transfer the monies into the Emergency Services Public Education account ($4,000) and the CPR General Fund account ($1,000), (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding the elimination of the Fire Department's current classification of Battalion Chief - Administration; the addition of another position to the current classification of Battalion Chief; the creation of a "special assignment" for Battalion Chief consisting of the current duties of the Battalion Chief- Administration as depicted in the class specification #402; and the revision of the class specifications for Battalion Chief #403. (Fiscal Impact: None) Recommendation — (1) Approve the elimination of the Fire Department's current classification of Battalion Chief - Administration, (2) Approve the addition of another position to the current classification of Battalion Chief, (3) Approve the creation of a "special assignment" for Battalion Chief consisting of the current duties of the Battalion Chief - Administration as depicted in the class specification #402, (4) Approve the proposed class specification for Battalion Chief #403, (5) Alternatively, discuss and take other action related to this item 5 JU5 6. Consideration and possible action to waive the formal bidding process per the El Segundo Municipal Code Sec. 1 -740 and authorize the Fire Department to purchase self - contained breathing apparatus (SCBA) replacement air bottles from Allstar Fire Equipment, Inc. (Fiscal Impact: $16,400) Recommendation — (1) Recommend that the City Council waive the formal bid process for the purchase of twenty -two (22) carbon fiber breathing air bottles, (2) Alternatively, discuss and take other action related to this item 7. Consideration and possible action to award a contract to Federal Signal Controls in the amount of $256,560.46 for installation of an improved monitoring system for the City's Water and Wastewater operations at 400 Lomita Street. Approved Capital Improvement Program. Project No.: PW 06 -01. (Contract Amount: $256,560.46) Recommendation — (1) Authorize the City Manager to execute a Public Works Contract with Federal Signal Controls in the amount of $256,560 46 in a form approved by the City Attorney, (2) Approve contingency in the amount of $25,000, (3) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding entering into a renewed five -year Park License Agreement to continue to maintain and operate Southern California Edison property as City parks along Washington Street between Walnut and Mariposa Avenue and along Illinois Street between Mariposa and Holly Avenues. (Fiscal Impact: $1,683 annual cost, the total for the five -year agreement equaling $8,415) Recommendation — (1) Approve a new Park License Agreement to continue use of Southern California Edison property for City Parks at a cost of $1,683 annually, totaling $8,415 over the course of the five -year agreement, (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action to approve a Professional Services Agreement with Rowley International Inc. in the amount of $29,500 for preparation of plans and specifications to replace the filtration system at the Urho Saari Swim Stadium (219 W. Mariposa Avenue). Approved Capital Improvement Program — (Fiscal Impact: $29,500) Recommendation — (1) Authorize the City Manager to execute the agreement with Rowley International Inc in the amount of $29,500 in a form approved by the City Attorney, (2) Alternatively, discuss and take other action related to this item 6 �Uv 10. Consideration and possible action to adopt plans and specifications for replacement of playground equipment in Recreation Park (300 E. Pine Avenue) and Candy Cane Park (100 Whiting Street). Approved Capital Improvement Program. Project No. PW 07 -01 — (Fiscal Impact: $372,000 from grant funding) Recommendation — (1) Approve plans and specifications, (2) Appropriate State of California Department of Parks and Recreation Grant Funds in the amount of $147,000 for the project, (3) Authorize staff to advertise the project for receipt of bids, (4) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding final acceptance of construction related to Group 5 (31 Dwellings), Group 6 (36 Dwellings), Group 7 (21 Dwellings), and Group 8 (24 Dwellings) of the City's Residential Sound Insulation Program. Project Numbers RSI 05 -01, RSI 05 -07, RSI 05 -09, and RSI 05 -14 — (Final contracts total: $3,758,105.65) Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Planning and Budding Safety Director's Notices of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — 7 ��i Council Member Boulgarides — 12. Consideration and possible action to support AB 138 (Bass) which would allow military veterans to park without charge in time restricted or metered parking spaces (Fiscal Impact: None) Recommendation — (1) Authorize the Mayor to send appropriate correspondence stating the City's support of AB 138 (Bass) to Assemblywoman Bass and Assemblyman Ted Lieu, (2) Alternatively, discuss and take other action related to this item Mayor Pro Tern Busch - 13. Consideration and possible action regarding the adoption of a resolution rescinding Resolution 4247 revising policies and procedures for naming and dedicating City facilities, including additional information relative to naming rights and sponsorship agreements. (Fiscal Impact: None) Recommendation — (1) Adopt proposed resolution rescinding Resolution 4247 revising policies and procedures for naming and dedicating City facilities, (2) Alternatively, discuss and take other action related to this item Mayor McDowell — 14. Consideration and possible action to direct the Capital Improvement Program Advisory Committee (CIPAC) to develop recommendations for a ten -year Capital Improvement Program for consideration by the City Council. Recommendation — (1) Direct the Capital Improvement Advisory Committee (CIPAC) to develop recommendations for a ten -year Capital Improvement Program for consideration by the City Council, (2) Alternatively, discuss and take other action related to this item PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — In memory of Eugene Paul Gray, 84, who died peacefully on Friday at Hospice of the Valley Eckstein Center in Scottsdale, Arizona A Veteran of World War Il, he spent nearly four years in the Pacific Theater of Operations during World War II and was awarded the Purple Heart, and the Bronze Star Condolences to his beloved wife, Shirle, his children, Jim and his wife Linda, of Missoula, Mont, Bob and his wife Tracy, of El Segundo, Susan, of Kibbutz Dovart in Israel, and Nancy and her husband Michael of Laguna Beach, CA CLOSED SESSION M The City Council may move Into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or confernng with the City Attorney on potential and /or emsting 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 J A f (0 % TIME 3 b� NAME I Op _y �� Y Y x1 �� `, 1:� 1 )I � � � ��.�'t l' ( � 1 ,.�� .,1 :.�: '� � ,�,\� ,, ,,�; l 1 � i FN ;: �_ � r� �!� r` . �I a -/ . L 1� �� •l \ /`, �n � U \�� /, ('" i ,� ,� ,, � ,� �.�,,, �.,., � � . �' ,,, , �� L r\ At i (I, (�, � � v,;� 1. D+ '� �rn_. ` _ .a ., �' �' �� li' i 11 r ��,' �,.. �.,,. ,�.. "� `., j t;:.� t �� ,� , ,. ,� � ,.�� ,, �i,�, ,_� ;�,` >', ;, to (� � _," �t. .� ' •_�a. �� J \•�I 1�� I.f! ��i. q i �� / �` � 1 �" � I /// �� ' ��) � a -�� \',�® �� ('� 1 ' �, i� � � �.ir� t �. ,t � �. J'� �.�� /� � � � � rocCarnation Cap of et *raunbo, California WHEREAS, Diseases of the heart are the nation's leading cause of death and stroke is the third leading cause of death. WHEREAS, Cardiovascular diseases claim the lives of over 48o,000 American females each year (about one death per minute). Of this number, 53% females die from cardiovascular disease as compared to 46% men, and approximately 35,000 more females than males die from a stroke. WHEREAS, In 2oo6 the estimated direct and indirect cost of cardiovascular diseases and stroke in the United States is estimated at $403.1 billion. WHEREAS, More women die of cardiovascular disease than the next six leading causes of death combined, including all cancers; yet, only 13% of women consider cardiovascular disease their greatest health risk. WHEREAS, One of the American Heart Association's goals is to increase awareness of heart disease - the leading cause of death for women - and to inspire women to take charge of their heart health. NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California, hereby proclaim the month of February, 2007 as American Heart Month and encourage all citizens to join the American Heart Association in its crusade against heart disease and stroke. By increasing awareness and empowering women to reduce their risk for cardiovascular disease, thousands of lives will be saved each year. 025 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION- MEETING DATE: February 6, 2007 AGENDA HEADING: Special Orders of Business Consideration and possible action to conduct a public hearing regarding a new Alcoholic Beverage Control (ABC) license for on -site wine tasting events at the Holly Main Liquor store at 404 Main Street. (Fiscal Impact: None) Applicant Ms. Christina Yoon. RECOMMENDED COUNCIL ACTION Open Public Hearing, 2 Discussion, 3 Adopt a Resolution approving Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06, and /or 4 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The Planning Commission at its meeting of January 11, 2007, held a public hearing regarding Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06, and adopted Resolution No 2616, recommending that the City Council approve the application for wine tasting events one evening a week at the existing liquor store at 404 Main Street, subject to the conditions of approval set forth in the Commission's resolution Because the applicant is (continued on next page) ATTACHED SUPPORTING DOCUMENTS: 1 Draft Resolution approving Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 2 Planning Commission Staff Report dated January 11, 2007 3 Planning Commission Resolution No 2616 FISCAL IMPACT- None Operating Budget- Amount Requested: Account Number: Project Phase. Appropriation Required REVIEWED Jeff NIA NIA NIA NIA _Yes x No rector. Plannina and Manager f - DATE: N 0 26 STAFF REPORT: February 6, 2007 PAGE 2 BACKGROUND & DISCUSSION. (cont. required to obtain a Type 42 license from the California State Department of Alcoholic Beverage Control (ABC) for On -Sale Beer and Wine (same as a bar), this application requires review and approval by the City Council The Planning Commission recommended that the approval of the wine tasting events be limited to the hours of 5 p m to 8 p m on Mondays with the ability of the applicant to change the day of the week upon 10 days advance written notification to the Planning and Budding Safety Director Arlin- depth analysis is provided in the attached Planning Commission staff report The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing private facility with negligible or no expansion of the existing use Additionally, 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, after notification of the local police and planning departments The grounds of a protest should relate to public health, safety or welfare concerns The liquor store is located in Police Department Reporting District (RD) 111 According to the most recent Crime and Arrest statistics (January — December 2006), the district had a total of two Part I crime reports (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson), and no arrests reported The Police Department and the Department of Planning and Budding Safety have no concerns regarding the issuance of the ABC license The ABC license review is a separate application from the City's CUP 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 CUP 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 Recommendation Staff recommends that the City Council adopt the draft Resolution approving Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events one evening a week at 404 Main Street P \Planning 8 Building Safety\PROJECTS \701- 725 \EA - 713 \EA -713 CC report doc 027 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -713 AND CONDITIONAL USE PERMIT NO. 06 -06 TO ALLOW WINE TASTING EVENTS (A BAR USE) IN AN EXISTING RETAIL STORE LOCATED AT 404 MAIN STREET. The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A On June 2, 2006, Christina Yoon filed an application for Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events (a bar use) at 404 Main Street, B Christina Yoon's application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA" ), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for January 11, 2007, E. On January 11, 2007, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Johnny Yoon, F The Commission considered the information provided by City staff, public testimony, and Christina Yoon's representatives The Planning Commission subsequently adopted Resolution No 2616, recommending that the City Council approve Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events in an existing retail store located at 404 Main Street, and its findings, are made based upon the evidence presented to the Commission at its January 11, 2007 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department, Page 1 of 10 028 G On February 6, 2007, the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Council by Johnny Yoon, representing the applicant, and H The City Council considered the information provided by City staff, and public testimony This Resolution, and its findings, are made based upon the evidence presented to the City Council at its February 6, 2007 hearing and the Planning Commission on January 11, 2007 including, without limitation, the staff report submitted by the Department of Planning and Building Safety SECTION 2 Factual Findings The Council finds that the following facts exist A The subject site is located in the Downtown Specific Plan area, B The surrounding land uses consist of commercial uses to the north, south and west and single and multi - family residential units to the east, C The subject site is a rectangular lot, measuring 75 feet wide by 140 feet deep, totaling 10,500 square feet, D The subject site is currently developed with an existing liquor store and three other commercial retail businesses, E Twenty -five parking spaces are provided on site, F Vehicular access to the existing liquor store is from the public alley located at the rear of the property, G The proposed wine tasting activities would be incidental to the existing liquor store retail sales business, and H The proposed wine tasting activities will take place within a 170 square foot area within the existing liquor store SECTION 3 Environmental Assessment Because of the facts identified in Section 2 of this Resolution, the City Council determines that the proposed project is categorically exempt from additional environmental review pursuant to CEQA Guidelines § 15301, as the operation of an existing facility with negligible or no expansion of an existing use SECTION 4 General Plan and Zoning The proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows: Page 2of10 029 A The Land Use Designation of the project site is Downtown Specific Plan The project conforms with Policy ED3 -1 2 in that is preserves the Downtown area's economic viability The project conforms with Policy ED3 -1 5 in that it encourages a mix or retail and commercial businesses that stimulate pedestrian traffic and meet the communities changing needs for goods and services The project also conforms with Goal LU4 Provision of a Stable Tax Base for El Segundo through commercial uses B The ESMC zoning classification for the project site is Downtown Specific Plan, which allows wine tasting events (a bar use) with approval of a Conditional Use Permit in conformance with ESMC Chapter 15 -23, C The proposed project complies with the applicable provisions of ESMC Chapter 14 -1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered SECTION 5 Conditional Use Permit Findings After considering the above facts regarding proposed Conditional Use Permit No 06 -06, the City Council finds as follows A. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located. The proposed wine tasting within the existing liquor store is an incidental use of the premises when limited in area, time and frequency of activity Type 42 ABC licenses are permitted within the Main Street District of the Downtown Specific Plan subject to approval of a conditional use permit B. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed wine tasting within the existing liquor store is an incidental use of the premises when limited in area, time and frequency of activity City Council approval of a Conditional Use Permit is required for businesses seeking a Type 42 ABC license and located in the Main Street District Zone of the Downtown Specific Plan The location, size, design and operating characteristics of the wine tasting activity will not create conditions which may be objectionable, detrimental to the public health, safety and welfare or incompatible with other permitted uses in the vicinity Furthermore, conditions of approval are incorporated to minimize any Page 3 of 10 030 impacts from the proposed activity Therefore, the project will not be materially injurious to property or improvements in the vicinity C. That the proposed conditional use will comply with each of the applicable provisions of this chapter. The proposed Conditional Use Permit complies with the applicable provisions of ESMC § 15 -23 -7 since proper notification and a public hearing were provided, proper hearing decision and records will be compiled, and the required findings will be considered SECTION 6 Reliance on Record Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project, The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 Approval Based upon the evidence in the record, the City Council finds that subject to the conditions listed on the attached Exhibit "A," which are incorporated into this Resolution by reference, the City Council approves EA No 713 and CUP No 06 -06 SECTION 8 This Resolution will remain effective until superseded by a subsequent resolution SECTION 9 The City Clerk is directed to mad a copy of this Resolution to any person requesting a copy SECTION 10 This Resolution is the City Council's final decision and will become effective immediately upon adoption PASSED AND ADOPTED this 6th day of February, 2007 Kelly McDowell, Mayor ATTEST. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Page 4 of 10 031 Resolution No _ was duly passed and signed by the Mayor, and attested to by th Council held on the 6th day of February, adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, CITY ATTORNEY adopted by said City Council, approved and e City Clerk, all at a regular meeting of said 2007, and the same was so passed and Karl H Berger, Assistant City Attorney Page 5 of 10 () 3 2 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Christina Yoon, agrees to comply with the following provisions as revised conditions for the City of El Segundo's approval of Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 ( "Project Conditions ") Zoning Conditions 1 Wine tasting activities are limited to one day per week for a maximum of 3 hours each such day Wine tasting activities are permitted between 5 00 p m and 8 00 p m Applicant may change the dates for wine tasting activities upon giving the Planning and Budding Safety Department ten days written notice. 2 Wine tasting activities are limited to the area of the liquor store as shown on the floor plan submitted as part of the application The wine tasting area must not exceed 170 square feet of floor area, 3 The number of participants must not exceed 10 persons at any one time 4 Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Budding Safety 5 Any subsequent changes to the project as approved must be referred to the Director of Planning and Budding Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification 6 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 21 license for the liquor store for on- site sale and off -site consumption of beer, wine and distilled spirits, and a Type 42 license for occasional on -site sale and on -site consumption of beer and wine, where food would not be required for a wine tasting room. 7 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 8 The Planning and Budding 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 Page 6 of 10 033 ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the conditional use permit 9 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 market and parking lot Said contact's name and phone number must also be available through the market staff at all times 10 The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the wine tasting area at eye level The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver 11 "No Loitering" signs must be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs must measure no less than seven inches by eleven inches (7" X 11") and the lettering must be no less than one inch (I") in height 12 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 13 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 Page 7 of 10 034 14 The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the budding 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 15. If complaints are received regarding excessive noise, parking availability, lighting, budding access, and the like associated with the sale of alcohol, or wine tasting area, the city may, in its discretion, take action to review the Conditional Use Permit, including without limitation, adding conditions or revoking the permit 16 There must be signs posted at the various dining areas throughout the liquor store prohibiting the removal of alcoholic beverages from the designated wine tasting area 17 The budding must not be occupied by more persons than allowed by the California Fire Code, as adopted by the ESMC 18 A direct exit path from the wine tasting area that does not go behind the sales counter must be provided 19 Los Angeles County Health Department permits must be obtained as necessary 20 The Planning Commission must review the Conditional Use Permit 180 days from the date of the approval to verify compliance with all conditions of approval Miscellaneous Conditions 21. Christina Yoon 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 713, Conditional Use Permit No 06 -06 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 713, Conditional Use Permit No 06 -06, Christina Yoon 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 Page 8 of 10 0 3 5 By signing this document, Christina Yoon, certifies that they read, understood, and agree to the Protect Conditions listed In this document Christina Yoon {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} P \Planning & Building Safety\PROJECTS \701- 725\EA- 713\EA -713 CC reso doc Page 9 of 10 036 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: January 11, 2007 SUBJECT: Environmental Assessment No. 713 and Conditional Use Permit No. 06 -06 APPLICANT: Christina Yoon PROPERTY OWNER: John Doukakis REQUEST: Conditional Use Permit for On -site Wine Tasting (Type 42 — On -Sale Beer and Wine) PROPERTY INVOLVED: Holly Main Liquor Store 404 Main Street I. Introduction The proposed application is a request for a Conditional Use Permit to allow occasional wine tasting in a portion of the existing 3,000 square -foot Holly Main Liquor store The property is located in the "Main Street District' in the Downtown Specific Plan (DSP) Zone The wine tasting is proposed to take place once a week for 3 hours and occupy an area of approximately 170 square feet A Conditional Use Permit is required for bar uses within the DSP The proposed wine tasting falls within the bar definition since the alcohol sales is not incidental to food sales as in a restaurant Additionally, ESMC § 15 -23-4 establishes the authority to grant conditional use permits The authority to approve conditional use permits for alcohol sales at bars rests with the City Council with a recommendation by the Planning Commission If this application is approved by the City the applicant will proceed to obtain the Type 42 license (On -Sale Beer and Wine) from the California State Department of Alcoholic Beverage Control that is required for the conducting of the proposed wine tasting activity The existing liquor store has a Type 21 license for the Off - Sale General sales activity 0,37 1 11. Recommendation Planning staff recommends that the Planning Commission hold a public hearing, consider the record, and adopt Resolution No 2616 (Exhibit A) recommending approval of Environmental Assessment No 713 and Conditional Use Permit No 06 -06 including the proposed conditions of approval to the City Council 111. Proiect Description The applicant is proposing to hold wine tasting events within the existing 3,000 square -foot liquor store The tasting area would occupy approximately 170 square feet The wine tasting area will be partitioned off with portable screening from the rest of the store for each event The applicant estimates that there would be a maximum of ten people participating in the wine tasting at any one time Participants will not be permitted to wander through the store during the tasting activity The wine tasting is proposed for three hours one day a week and is intended to introduce various wines to potential customers In addition to the wine tasting, cheese and crackers and similar condiments would be served A nominal charge may be required for participation in the wine tasting No seating is proposed An additional store employee will oversee the wine tasting event The applicant is proposing that the wine tasting activity take place each Monday from 5to8pm The portion of the store in which the wine tasting activity is proposed to take place is the area that is currently devoted to wine display IV. Background Site Description and Surrounding Land Uses The existing liquor store is located in the "Main Street District' (300 -400 blocks) of the DSP area "The area is intended to be resident serving, providing a pedestrian - oriented and pedestrian - friendly environment Retail and service uses should serve the residents, local employees, and visitors to the City " The Holly Main Liquor store consists of an approximately 3,000 square -foot area that is used for the display and sales of alcohol, other beverages and snack foods The site is located on the east side of Main Street north of Holly Street A shared parking lot containing 25 parking spaces is located at the rear of the liquor store with vehicular access from the adjacent public alley The parking lot is shared by Holly Main Liquor, Stuft Pizza, ReMax Realty, and Papillon Grill The areas to the north, south and west are composed of commercial -retail uses The area to the east is developed with single and multiple - family residential uses 2 038 The surrounding land uses are as follows V. Analysis General Plan Consistency The El Segundo General Plan land use designation for the property is Downtown Specific Plan This designation is intended for retail sales and services, including restaurants The proposed application request for wine tasting is consistent with the purpose and intent of the General Plan and the Downtown Specific Plan The attached resolution specifies the applicable Goals, Objectives, Policies and Programs of the Land Use Element, Economic Development and Noise Element Staff recommends additional conditions to ensure full compliance with the Goals, Objectives, Policies and Programs of the General Plan in consideration of the project's proximity to residential uses Zoning Consistency Permitted uses within the "Main Street District" include retail sales, restaurants, and bars (with a CUP), A bar use is permitted within the "Main Street District" subject to a Conditional Use Permit (bar) pursuant to Downtown Specific Plan Section VI A 5 a and the Conditional Use Permit requirements in ESMC Chapter 15 -23. No changes to the building are proposed as part of the application The existing use of the property for retail liquor sales is a permitted use in the Downtown Specific Plan In November 2003, the City began allowing any building or use to be changed in the Downtown Specific Plan without needing to provide additional parking facilities for projects that do not involve increases in floor area Thus, no additional parking spaces would be required for the wine tasting activity since no expansion of floor area is proposed Conditions of Approval Staff recommends that the wine tasting be limited to one day a week for a maximum of three hours with the wine tasting activity ceasing no later than 9 p.m This is to ensure that the wine tasting events remain an incidental activity to the liquor store business Additionally, since residential uses are located within close proximity to the liquor store, staff supports the application only with the additional condition that the Conditional Use Permit approval be returned to the Planning Commission and the Council for their review in 6 months to ensure 3 039 Land Use Zone North: office, commercial, restaurant DSP South: retail, restaurant, office DSP East: residential R -2 West: office, retail DSP V. Analysis General Plan Consistency The El Segundo General Plan land use designation for the property is Downtown Specific Plan This designation is intended for retail sales and services, including restaurants The proposed application request for wine tasting is consistent with the purpose and intent of the General Plan and the Downtown Specific Plan The attached resolution specifies the applicable Goals, Objectives, Policies and Programs of the Land Use Element, Economic Development and Noise Element Staff recommends additional conditions to ensure full compliance with the Goals, Objectives, Policies and Programs of the General Plan in consideration of the project's proximity to residential uses Zoning Consistency Permitted uses within the "Main Street District" include retail sales, restaurants, and bars (with a CUP), A bar use is permitted within the "Main Street District" subject to a Conditional Use Permit (bar) pursuant to Downtown Specific Plan Section VI A 5 a and the Conditional Use Permit requirements in ESMC Chapter 15 -23. No changes to the building are proposed as part of the application The existing use of the property for retail liquor sales is a permitted use in the Downtown Specific Plan In November 2003, the City began allowing any building or use to be changed in the Downtown Specific Plan without needing to provide additional parking facilities for projects that do not involve increases in floor area Thus, no additional parking spaces would be required for the wine tasting activity since no expansion of floor area is proposed Conditions of Approval Staff recommends that the wine tasting be limited to one day a week for a maximum of three hours with the wine tasting activity ceasing no later than 9 p.m This is to ensure that the wine tasting events remain an incidental activity to the liquor store business Additionally, since residential uses are located within close proximity to the liquor store, staff supports the application only with the additional condition that the Conditional Use Permit approval be returned to the Planning Commission and the Council for their review in 6 months to ensure 3 039 that there are not noise impacts to the adjacent residential uses and /or excessive service calls to the business relating to the wine tasting events The Fire Department has indicated that there must be a direct exit from the budding if the wine tasting area is to be located behind the sales area as proposed The Building Division indicates that the applicant must obtain any LA County Health Department permits as necessary Conditional Use Permit Criteria In accordance with ESMC §15 -23 -6, a Conditional Use Permit may be granted if all of the findings can be met Staff believes that the three required findings can be met, as specified in the attached resolution, subject to the proposed conditions of approval The Planning Commission may consider and impose additional conditions, which it deems necessary, in order to meet the required conditional use permit findings VI. Inter - Departmental Comments The project application and plans were circulated to all departments and all comments are attached to the report Staff has incorporated those comments that have a legal nexus as conditions of approval VII. Environmental Review The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing private facility with negligible or no expansion of the existing use VIII. Conclusion Staff recommends that the Planning Commission adopt Resolution No 2616 recommending approval of Environmental Assessment No 713 and Conditional Use Permit No 06 -06 to the City Council IX. Exhibits A Draft Planning Commission Resolution No 2616 B Interdepartmental Comments C Application D Plans Prepared b Bill Woolard, Interim Senior Planner Kimberly Christensen, AICP, Planning Manager Planning and Budding Safety Department 4 040 Gary Chlcots ntenm Director Planning and Building Safety Department P \Planning & Building Safety \PROJECTS1701 - 725 1EA - 71 312007 1 11 EA -713 PC sr doc U4i RESOLUTION NO. 2616 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE ENVIRONMENTAL ASSESSMENT NO. EA -713 AND CONDITIONAL USE PERMIT NO. 06-06 TO ALLOW WINE TASTING EVENTS (A BAR USE) IN AN EXISTING RETAIL STORE LOCATED AT 404 MAIN STREET. The Planning Commission of the City of El Segundo does resolve as follows SECTION 1 The Planning Commission finds and declares that A On June 2, 2006, Christina Yoon filed an application for Environmental Assessment No EA -713 and Conditional Use Permit No 06 -06 to allow wine tasting events (a bar use) at 404 Main Street, B Christina Yoon's application was reviewed by the City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "), C In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), D The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for January 11, 2007, E On January 11, 2007, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by Christina Yoon, and F The Commission considered the information provided by City staff, public testimony, and Christina Yoon's representatives This Resolution, and its findings, are made based upon the evidence presented to the Commission at its January 11, 2007 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department SECTION 2 Factual Findings The Commission finds that the following facts exist A The subject site is located in the Downtown Specific Plan area, B The surrounding land uses consist of commercial uses to the north, south and west and single and multi- family residential units to the east, 042 C The subject site is a rectangular lot, measuring 75 feet wide by 140 feet deep, totaling 10,500 square feet, D The subject site is currently developed with an existing liquor store and three other commercial retail businesses, E Twenty -five parking spaces are provided on site, Vehicular access to the existing liquor store is from the public alley located at the rear of the property, and G The proposed wine tasting would be incidental to the existing liquor store retail sales business. SECTION 3 Environmental Assessment Because of the facts identified in Section 2 of this Resolution, the Planning Commission determines that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, as the operation of an existing facility with negligible or no expansion of an existing use SECTION 4 General Plan and Zoning The proposed project conforms with the City's General Plan and the zoning regulations in the ESMC as follows A The Land Use Designation of the project site is Downtown Specific Plan The project conforms with Policy ED3 -1 2 in that is preserves the Downtown area's economic viability The project conforms with Policy ED3 -1 5 in that it encourages a mix or retail and commercial businesses that stimulate pedestrian traffic and meet the communities changing needs for goods and services The project also conforms with Goal LU4 Provision of a Stable Tax Base for El Segundo through commercial uses B The ESMC zoning classification for the project sites is Downtown Specific Plan, which allows wine tasting events (a bar use) with approval of a Conditional Use Permit in conformance with ESMC Chapter 15 -23, C The proposed project complies with the applicable provisions of ESMC Chapter 14 -1, since proper notification and a public hearing were provided, proper hearing decision and records will be complied with and the required findings will be considered SECTION 5, Recommendation The Planning Commission recommends that the City Council approve Environmental Assessment No EA -713 and Conditional Use Permit No CUP 06 -06 to allow wine tasting events (a bar use) at 404 Main Street SECTION 6 Reliance on Record Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project The findings and determinations constitute the independent findings and determinations of the Planning 043 Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole SECTION 7 This Resolution will remain effective until superseded by a subsequent resolution SECTION 8 The Commission Secretary is directed to mad a copy of this Resolution to any person requesting a copy SECTION 9 This Resolution may be appealed within ten (10) calendar days after its adoption All appeals must be in writing and filed with the City Clerk within this time period Failure to file a timely written appeal will constitute a waiver of any right of appeal PASSED, APPROVED AND ADOPTED this 11th day of January 2007. ATTEST Gary Chicots, Secretary Michael Kretzmer, Chairperson City of El Segundo Planning Commission Kretzmer - Frick - Fellhauer - Rotolo - Wagner - APPROVED AS TO FORM Mark D Hensley, City Attorney a Karl H Berger, Assistant City Attorney PAPlanning & Building SafogPROJECTS1701.7251EA- 713\2007 1 11 EA -713 PC reso doe 044 PLANNING COMMISSION RESOLUTION NO. 2616 Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), Christina Yoon, agrees to comply with the following provisions as revised conditions for the City of El Segundo's approval of Environmental Assessment No 713 and Conditional Use Permit No 06 -06 ( "Project Conditions ") Zoning Conditions Wine tasting activities must be limited to one day per week for a maximum of 3 hours each such day, Wine tasting activities must cease by 9 p m 2 Wine tasting activities must be limited to the area of the liquor store as shown on the floor plan submitted as part of the application The wine tasting area must not exceed 170 square feet of floor area. The number of participants must not exceed 10 persons at any one time 4 Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Any subsequent changes to the project as approved must be referred to the Director of Planning and Budding Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification 6 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 21 license for the liquor store for on -site sale and off -site consumption of beer, wine and distilled spirits, and a Type 42 license for occasional on -site sale and on -site consumption of beer and wine, where food would not be required for a wine tasting room 7 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 8 The Planning and Budding 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 conditional use permit 045 9 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 market and parking lot Said contact's name and phone number must also be available through the market staff at all times 10 The applicant must, at all times, display a Designated Dnver sign of at least ten inches by ten inches (10" X 10 ") in the wine tasting area at eye level The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver 11 "No Loitering" signs must be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee Such signs must measure no less than seven inches by eleven inches (7" X 11 ") and the lettering must be no less than one inch (1 ") in height 12 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 13 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 m 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 14 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 0 4G 15 If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the sale of alcohol, or wine tasting area, the city may, In Its discretion, take action to review the Conditional Use Permit, Including without limitation, adding conditions or revoking the permit 16 There must be signs posted at the various dining areas throughout the liquor store prohibiting the removal of alcoholic beverages from the designated wine tasting area 17 The building must not be occupied by more persons than allowed by the California Fire Code, as adopted by the ESMC 18 A direct exit path from the wine tasting area that does not go behind the sales counter must be provided 19 Los Angeles County Health Department permits must be obtained as necessary 20 The Planning Commission must review the Conditional Use Permit 180 days from the date of the approval to verify compliance with all conditions of approval, Miscellaneous Conditions 21 Christina Yoon 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 713, Conditional Use Permit No 06 -06 Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of Environmental Assessment No 713, Conditional Use Permit No 06 -06, Christina Yoon agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees By signing this document, Christina Yoon, certifies that they read, understood, and agree to the Project Conditions listed in this document Christina Yoon (If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company) P \Planning & Budding SafeWROJECT&701- 725\EA-713@007 1 11 EA -713 PC reso doc (� r�7 V4! Q /« \ §\ � )\ MIS � §!� |/ [!!!� i( |!| (| \r .! !${i! ,) | |! \E \\ \} } \} {(\\ § )) ƒ}i) �\ !` } ( k� o k! } / k !§ \) \|§§ ow / }(� \ / ( { { § [ !!!: :!!!r!!§ : ;EEea ;:;i =;i,■,!! ) N !� ;l ;l�,4 §!4! \ §!§ ;!§ ; °`§ §\ 00 z * §& #\ } m! § !z ;16 M|4 :r- ; ;l;i`= !]° ;;( ■| ;!§§°t 70,m , °/ z`� \ \) j� ( � � (AS CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 115/2007 THROUGH 112512007 Date 1/8/2007 1/11/2007 1/11/2007 1/11/2007 1 /12/2007 1/12/2007 1/12/2007 1/17/2007 1/17/2007 1/17/2007 1/19/2007 1/25/2007 112512007 1/25/2007 1/5-1/25/07 Payee Amount Cal Pers Health Comp Employment Development IRS Federal Reserve Federal Reserve Unumpovident Cal Pers Health Comp Lane Donovan Golf Partners La Salle Health Comp Employment Development IRS Workers Comp Activity DATE OF RATIFICATION: 2/06107 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 355,657 22 4,63339 49,172 61 250,040 84 5000 15000 41070 252,042 34 6,00000 18,846 81 43,725 00 3,84451 48,347 34 231,546 11 45,435 26 1,309,902 13 r —)�— . 4C3-t.iar I /z`I io'9 Dep ty Tre rer Date (30 v-7 Director of nistrati ervice Date City D e Description Retirement Weekly claims 1/4 State Taxes Federal Taxes Employee EE Bonds Employee I Bonds Long Term Care Retirement Weekly claims 1!11 Lakes payroll transfer ABAG Payment Weekly claims 1/19 State Taxes Federal Taxes SCRMA checks issued 1,309,902.13 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 049 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 16, 2007 - 5 00 P M 5 00 P M. SESSION CALL TO ORDER — Mayor McDowell at 5.00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgarldes Council Member Fisher Council Member Jacobson - Present - Present — arrived at 5 10 p m - Present - Present - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so Identify themselves pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Mike Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to the posted agenda CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, • and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as fol lows• CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo vs. City of Los Angeles, et al LASC No BS094279 3 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)- -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 3 PAGE NO 1 050 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS -0- matter Council recessed at 6.55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 PAGE NO 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 16, 2007 - 7 00 P.M 7 00 P M. SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Pastor Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Mayor McDowell presented a Proclamation to Mary Ann Runyan and Lila Hummel in commemoration of EI Segundo's 91P Anniversary on January 18, 2007 to salute residents and businesses and invite the community to celebrate this occasion in a special ceremony at the City Hall Plaza and Farmer's Market on Thursday, January 18, 2007 at 5 30 p m. (b) Mayor McDowell presented Commendations to the Recipients and Judges (the Loyal Order of Moose — El Segundo Moose Lodge) of the 2006 Lighting Up the Community Program to the following Families The DeFrancesco Family The Hahn, Kim and Lee Family The Swanson Family The 011en Family The Maples Family The Kutil and Hayman The Goodyear Family The Stevenson Family The Mortesen Family The Eccles Family The Younger Family The Collings, DeGraff, The Smith Family Family The Ricarte Family The Powell Family The Knoll Family The Stier Family The Roach Family The Gordon Family The Smith Famioy The Waters Family The Clagg Family The Marak Family The Agee Family and Underwood Families MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 PAGE NO 3 052 (c) Julie Warner, Chamber of Commerce, presented trophies to the 2006 Holiday Parade winners by the El Segundo Chamber of Commerce. Best Decorated Vehicle — Children, Boy Scout Troop 762 Best Decorated Vehicle — Adult, El Segundo Kiwanis Club Best Float — Other, Anne Ville Best Musical — Elementary, El Segundo Elementary Band Best Musical — High School, El Segundo High School Best Performers — Children, Torrance Torrettes Dance &Drill Team Best Performers, South Bay Coastliners Dave Jones Award — Children, El Segundo Girl Scouts Grand Marshal's Award, Vintage MilitaryVehicle Owners of O C Most Original Entry, Hems Bakery Delivery Truck 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 Katie Holmes, American Cancer Society, spoke regarding Item No 9, the upcoming American Cancer Society Relay for Life Requested Council support A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes 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 JANUARY 16, 2007 PAGE NO 4 053 B SPECIAL ORDERS OF BUSINESS Consideration and possible action to conduct a public hearing regarding the possible amendment of the El Segundo Municipal Code to add a definition for "Museum ", add "Museums" as a conditionally permitted use In the Corporate Office (CO) Zone, and grant a Conditional Use Permit for a car museum located at 610 Lairport Street upon the effective date of the proposed Ordinance (Fiscal Impact None) Applicant Earl Rubenstein Mayor McDowell stated this Is the time and place hereto fixed for a public hearing regarding the possible amendment of the El Segundo Municipal Code to add a definition for "Museum ", add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone, and grant a Conditional Use Permit for a car museum located at 610 Lairport Street upon the effective date of the proposed Ordinance Clerk Mortesen stated that proper notice was completed and one written communication had been received by City Clerk's Office Gary Chicots, Interim Planning and Building Safety Director, gave a report He noted for the record the following changes to the proposed Resolution's Conditions of Approval Item No 9 changed to read The middle driveway apron must be removed and replaced with sidewalk per Public Works Department specifications The applicant may Install a U- shaped driveway and passenger drop off zone along the front of the property between the north and south driveway approaches Item No. 30 changed to read Replace existing sidewalk along the front length of the property with 6-0" wide concrete sidewalk and 5' -0" wide landscaped parkway adjacent to the sidewalk, Stanley Zimmerman, principal sponsor of the Automobile Museum, spoke in favor of the project Requested an adjustment to the public service mitigation fees Toni Reina, Continental Development Corporation, spoke in favor of the project. Requested Council consider adding "Museum" as a permitted use In the Urban Mixed -Use South Zone MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to close the Public Hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mark Hensley, City Attorney, clarified the requirements of the Service Fee Ordinance and advised that fees should be imposed consistently on all projects Mark Hensley, City Attorney, read by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 PAGE NO 5 054 RESOLUTION NO. 4500 A RESOLUTION OF THE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION APPROVING ENVIRONMENTAL ASSESSMENT NO 661 (EA -661) AND ZONE TEXT AMENDMENT NO 06 -03 AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD "MUSEUMS" AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE Mark Hensley read the following changes to Resolution 4501, Conditions of Approval, Into the record Service Fees The following fees will be Imposed consistent with and In accordance with the below Identified sections of the ESMC and consistent with the manner in which the City has imposed such fees in the past 12 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time library services mitigation fee 13 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time fire services mitigation fee 14 Pursuant to ESMC §§ 15- 27A -1, et seq , and before certificates of occupancy are issued, the applicant must pay a one -time police services mitigation fee 15 Pursuant to ESMC §§ 15- 27A -1, et seq , and before the City issues certificates of occupancy, the applicant must pay the required traffic mitigation fees as calculated in accordance with City Council Resolution No 4443 RESOLUTION NO 4501 A RESOLUTION OF THE CITY OF EL SEGUNDO APPROVING ENVIRONMENTAL ASSESSMENT NO 661 (EA -661) AND CONDITIONAL USE PERMIT NO 05 -1 TO ALLOW THE OPERATION OF A MUSEUM IN THE CORPORATE OFFICE (CO) ZONE AT 610 LAIRPORT STREET MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to adopt Resolution 4500 adopting a negative declaration approving Environmental Assessment No 661 and Zone Text Amendment No 06 -03 amending El Segundo Municipal Code to add a new definition for "Museum" and to add "Museums" as a conditionally permitted use in the Corporate Office Zone and Resolution No 4501 approving Environmental Assessment No 661 and Conditional Use Permit No. 05 -1 to allow for the operation of a Museum in the Corporate Office Zone at 610 Lairport Street MOTION PASSED BY UNANNIMOUS VOICE VOTE 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 055 PAGE NO 6 Mark Hensley, City Attorney, read by title only ORDINANCE NO 1405 AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD MUSEUMS AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE, SUBJECT TO THE CONDITIONAL USE PERMIT REQUIREMENTS IN ESMC CHAPTER 23 (ZTA NO 06 -03) Council Member Boulgandes introduced the ordinance Second reading and adoption of Ordinance scheduled for Adjourned Regular Meeting scheduled for Monday, January 22, 2007 C. UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously if a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business City Attorney Mark Hensley stated with regard to Item No. 7, at the award of contract on September 5, 2006 Mayor McDowell and Mayor Pro Tern Busch, due to the location of their residences, and Council Member Fisher due to the location of his business, had potential conflicts In order to have a voting quorum, Council Member Fisher was selected by random draw to participate in the item Therefore, the Mayor and Mayor Pro Tern would not be participating in Item No 7 on this Agenda and need not leave the dais unless the item was pulled from the Consent Agenda Council Member Fisher would be participating in the item 2 Approved Warrant Numbers 2556985 to 2557240 on Register No 6 in the total amount of $1,479,338 33 and Wire Transfers from 12/8/2006 through 12/21/2006 in the total amount of $1,839,536 44 and Warrant Numbers 2557241 to 2557362 on Register No 7 in the total amount of $367,310 22 and Wire Transfers from 12/21/2006 through 114/2007 in the total amount of $527,629 79 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 3 Approved Regular City Council Meeting Minutes of December 19, 2006. 4 PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON - REQUESTED THE ORDINANCES BE TAKEN UP BY SEPARATE VOTE MINUTES OF THE REGULAR CITY COUNCIL MEETING UARY 16, 2007 ..D S PAGE NO 7 5 Approved the examination plan for the Personnel Merit System job classification of Fire Captain (Fiscal Impact. None) 6 Approved Amendment to a Professional Services Agreement No 3688 between JAS Pacific, Inc and the City of El Segundo for building inspector services in conjunction with the Residential Sound Insulation (RSI) Program. (Fiscal Impact None) Authorized the City Manager to sign the agreement approved as to form by the City Attorney Accepted the project to slurry seal streets in the area bounded by El Segundo Boulevard, Sepulveda Boulevard, Sheldon Street and Mariposa Avenue Approved Capital Improvement Program — Project No PW 06 -09 (Final contract amount, $246,137 65). Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office Waived the formal bidding process per the El Segundo Municipal Code Sec 1 -7 -10 and authorized the Fire Department to purchase emergency food and water supplies designed to sustain City employees working at or in support of a disaster from More Prepared, LLC (Fiscal Impact. $19,650) Approved a Special Event Permit per Municipal Code Sections 8 -8 -13 B and 8 -8 -16 from the American Cancer Society to hold a Relay for Life event at El Segundo High School and for a waiver of all City- related fees per Municipal Code Section 8 -8 -7 D 1 (Fiscal Impact $4,040) MOTION by Council Member Jacobson, SECONDED by Council Member Busch to approve Consent Agenda Items 2, 3, 5, 6, 8 and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MAYOR MCDOWELL AND MAYOR PRO TEM BUSCH NOT PARTICIPATING IN ITEM NO 7 DUE TO POTENTIAL CONFLICTS. CALL ITEMS FROM CONSENT AGENDA 4 Consideration and possible action regarding the adoption of Ordinances setting the City's water and wastewater rates for Fiscal year 2006 -2007 through Fiscal Year 2009 -2010 (Fiscal Impact Approximately $6 3M in increased water revenues through Fiscal Year 2009 -2010 and approximately $3M in increased wastewater revenues through Fiscal Year 2008 -2009) Mark Hensley, City Attorney read by title only ORDINANCE NO 1403 AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 PAGE NO 8 (,57 MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Boulgandes to adopt Ordinance No 1403, setting the amount of Water Rates and Charges pursuant to the Health and Safety Code § 5471 and El Segundo Municipal Code § 11 -1 -5 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Mark Hensley, City Attorney read by title only ORDINANCE NO. 1404 AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3 MOTION by Council Member Boulgandes, SECONDED by Mayor McDowell to adopt Ordinance 1404, setting the amount of Wastewater Rates and Charges Pursuant to Health and Safety Code § 5471 and El Segundo Municipal Code § 12 -7 -3 MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER; NOES COUNCIL MEMBER JACOBSON 4/1 F NEW BUSINESS G REPORTS — CITY MANAGER — Announced the appointment of Jeff Robinson, Emergency Services Coordinator for the City H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher— NONE Council Member Jacobson — Wished the City a Happy 90th Birthday Council Member Boulgandes — 10 Consideration and possible action to receive and file report on changes to the Public Communications portion of City Council meetings and survey of other cities regarding public comment at Council meetings. (Fiscal Impact None) MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 r 5� PAGE NO 9 1 Council Member Boulgandes suggested that during the first public communication on the agenda, the public could speak on any Item under the jurisdiction of the City Council and limit the time to three minutes per speaker The second public communication would remain as is Also suggested posting a signboard identifying Public Communications rules and public hearings on the agenda He suggested that any changes be revisited In three months Mayor Pro Tern Busch agreed with the above suggestion but with a five minute time limit per speaker Council Member Jacobson suggested allowing the public, if requested in advance, to speak as Items are addressed on the agenda Council Member Fisher suggested a three minute limit for Items not on the agenda and a five minute time limit per speaker for items listed on the agenda The second public communications would allow for a five minute time limit per speaker MOTION by Council Member Boulgarides, SECONDED by Mayor McDowell to allow the public to speak on any Item on the agenda or any Item under the purview of the City Council at the first public communication, with a five minute time limit per speaker and the second public communication would remain unchanged, allowing the public to speak on any matter within the jurisdiction of the City Council, with a five minute time limit per speaker MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council Member Boulgarides reported on the request for a bus stop at Plaza El Segundo Staff to work with bus line regarding this request Requested staff supply the Aquatics sub - committee with a follow -up report Also requested staff agendize an item for the Adjourned Regular Meeting on Monday, January 22, 2007, to consider adding "Museum" to the Urban Mixed -Use South Zone Mayor Pro Tern Busch — Spoke regarding the Athletic Field Ground Breaking Requested that the Athletics Task Force be reconvened to address the field striping and other issues Council consensus to have staff return to Council with a process for implementing Licensing /Naming Rights Mayor McDowell — Spoke regarding the City's Upcoming goth Birthday Celebration , 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16, 2007 059 PAGE NO 10 Joe Brandin, resident, spoke regarding the Pennsylvania Blue Stone at Grand and Main and the difficulty of handicapped persons crossing at that intersection and other intersections with stamped concrete Also spoke regarding the design of the Athletic Fields Doug, Clyde, resident, spoke regarding the problem of cars not stopping at stop signs MEMORIALS — Kai, El Segundo Police Canine, retired in 2003 ANNOUNCEMENTS — Cindy Mortesen, City Clerk, announced the birth of her Grand Daughter Annika Joy born December 30, 2006 to Steve & Sabina Mortesen, sister to Gage, Kaitie and Alexandria ADJOURNMENT at 8 25 p m to Monday, January 22, 2007 at 5 00 p m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 16,2007 PAGE NO 11 060 ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, JANUARY 22, 2007 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m PLEDGE OF ALLEGIANCE — Council Member Bill Fisher ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - 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 Council Member Jacobson, SECONDED by Council Member Boulgarides, to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 510 B SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding the adoption of Ordinance No 1405 to amend the El Segundo Municipal Code to add a definition for "Museum" and add "Museums" as a conditionally permitted use in the Corporate Office (CO) Zone. (Fiscal Impact. None) 061 City Attorney, Mark Hensley read the following ORDINANCE NO 1405 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION OF "MUSEUM" AND TO AMEND ESMC § 15 -5D -5 TO ADD MUSEUMS AS A CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE (CO) ZONE, SUBJECT TO THE CONDITIONAL USE PERMIT REQUIREMENTS IN ESMC CHAPTER 23 MOTION by Council Member Jacobson, SECOND by Council Member Boulgandes, to adopt Ordinance No 1405 amending the El Segundo Municipal Code §15 -1 -6 to add a new definition of "Museum" and to amend the El Segundo Municipal Code §15 -5D -5 to add Museums as a conditionally permitted use in the Corporate Office (CO) Zone, subject to the Conditional Use Permit requirements in Chapter 23 of the El Segundo Municipal Code MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 C NEW BUSINESS D REPORTS — CITY MANAGER - NONE E REPORTS — CITY ATTORNEY - NONE F. REPORTS — CITY CLERK - NONE G REPORTS — CITY TREASURER - NONE H REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — NONE Council Member Boulgandes — NONE Mayor Pro Tern Busch - NONE Mayor McDowell — NONE 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 NONE 062 ADJOURNMENT at 5 04 p m Cindy Mortesen, City Clerk 063 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. February 6, 2006 AGENDAHEADING' Consent Agenda Consideration and possible action to accept a cash donation totaling $5,000 from DirecTV in support of Super CPR (Cardio- Pulmonary Resuscitation) Saturday and other public education programs to be held in 2007, for supplies, equipment, and other resources Fiscal Impact $5,000 RECOMMENDED COUNCIL ACTION: 1) Accept donation and authorize the City Manager to transfer the monies Into the Emergency Services Public Education account ($4,000) and the CPR General Fund account ($1,000), 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' Since 1996, the El Segundo Fire Department, in conjunction with the American Red Cross, has sponsored its annual Super CPR Saturday event This event offers FREE Adult CPR training to the community at large and traditionally trains approximately 350 citizens in one day Over the past ten years, the event has trained several thousand people from allover the South Bay in the necessary skills to perform CPR and perhaps save a life Continued next None FISCAL IMPACT. Operating Budget. Emergency Services, Public Education - $7,100 CPR - $2,400 Amount Requested. $5,000 (see distribution below) Account Number: $4,000 to 001 - 400 - 3255 -6257 Emergency Services, Public Education $1,000 to 001 - 300 - 0000 -3850 CPR Project Phase: Appropriation Required _ Yes X No ORIGINATED BY. DATE: 01104/07 Kevin S. Smith, Fire Chief REVIEWED B DATE. � l 3r 4,7 Jeff 064 M BACKGROUND & DISCUSSION, continued* This event cannot be conducted without the generous support and contributions from community groups and local business and industry Direct TV has been one of our strongest supporters Last year they expressed the desire to increase their support to other areas of public education and have generously offered to do so again this year The funds will go to maintain their annual support of Super CPR ($1,000) and the remainder ($4,000) to aid in our increase in public education related to preparedness in the community that was otherwise not budgeted for. 065 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE February 6, 2007 AGENDA HEADING: Consent Agenda Consideration and possible action regarding the elimination of the Fire Department's current classification of Battalion Chief- Administration, the addition of another position to the current classification of Battalion Chief, the creation of a "special assignment" for Battalion Chief consisting of the current duties of the Battalion Chief - Administration as depicted in the class specification # 402, and the revision of the class specification for Battalion Chief #403 (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Approve the elimination of the Fire Department's current classification of Battalion Chief - Administration, 2) Approve the addition of another position to the current classification of Battalion Chief, 3) Approve the creation of a "special assignment" for Battalion Chief consisting of the current duties of the Battalion Chief - Administration as depicted in the class specification # 402 4) Approve the proposed class specification for Battalion Chief # 403 5) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Currently within the Fire Department there are three (3) Battalion Chief positions and one (1) Battalion Chief - Administration position This configuration was authorized and adopted by Resolution by the City Council on November 21, 2000 as a result of a Classification and Compensation Study conducted by Public Sector Personnel Consultants This configuration limits the ability of the Fire Chief to rotate Battalion Chiefs into or out of the Battalion Chief- Administration position as it is its own classification Continued next Current Class Specification for Battalion Chief #403 Proposed Class Specification for Battalion Chief #403 FISCAL IMPACT: None Operating Budget: Amount Requested- Account Number: Project Phase. Appropriation Required: „Yes X No ORIGINATED- DATE: Kevin S. Smith, Fire Chief January 4, 2007 REVIEWE DATE:/ /�I Je , CIty Manager 066 BACKGROUND & DISCUSSION cont.- Staff recommends that this configuration be returned to four (4) Battalion Chiefs as was the case prior to the Classification and Compensation Study To achieve that end, staff recommends the creation of a "special assignment' consisting of the current duties of the Battalion Chief - Administration as depicted in the class specification # 402 The "special assignment" will include enhanced pay of 5% over the base salary This amount is equal to the amount that is currently being paid to the permanent position of Battalion Chief - Administration Therefore, this change does not create a fiscal impact Additionally, staff recommends the approval of the proposed class specification #403 for Battalion Chief that includes language on the duties and responsibilities of a Battalion Chief on special assignment as the Administrative Battalion Chief These changes will enable the Fire Chief to rotate Battalion Chiefs in and out of a special assignment Administrative Battalion Chief position as department needs dictate �' h r City of El Segundo, CA BATTALION CHIEF Job Description Job Code: 403 Definition. Under general direction, plans and manages designated operations of the City's Fire Department in providing fire suppression, prevention, inspection, emergency medical services, disaster preparedness and /or hazardous materials programs Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, y include the following duties and responsibilities, knowledge, skills and other characteristics This t of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all ctiong and tasks performed by positions in this class < Characteristic Duties and Responsibilities. Positions in this classification typically perform a full range of duties at a level of by the following types of responsibilities Reviews and develops policy and procedures related to assigned efficient operation of the Department overall Responds to and establishes the incident Command Post f including fires, hazardous materials incidents, mass cas II entrapments, vehicle accidents, bomb threats, acts of it di<. mutual /automatic aid to assist other jurisdictions, conduc field and emergency management operations, directs thepa hoi other communication Develops comprehensive plans to meet emergency management services, mangy monitors and maintains appropriate City in Provides leadership, program elop operations, special projects d services, procedures and Federal, ate 0 a professional groups and ther tern I col n funct n(s), ass`Is"e Ch f in the ful rang of e e ncy sit tions exp sic, , ra achv atenals, edi ce and wolen e, responds to ctio of fir , haz dous materials f ac ity r rt ecial reports and for ire, ardous materials and /or ivities h those of other agencies, and ordination of designated Department ce with City and Department policy and lions, serves as liaison with the community, :s for the City Identifies trainin ee , d velops goals and ob tGes for Department and individual training activities, develops and d avers eci tra n g ram pplicable to all aspects of fire and Department related services, identifie exter al r sourc for iding training, maintains records and prepares reports, develop monito indivi al reer velopment plans Coordi tes signat Fire Dep ent operations with activities of other programs, departments or to a sure ogram eliv ry according to appropriate policies, procedures and specifications, confers with d dvise staff and the public in providing advice, problem solving assistance, answers to ques ns a d inter ation f Department procedures, goals and policy Participat in de opment of the annual budget including personnel, training, equipment, materials requir ent and capital improvements, makes revenue and expenditure projections, develops program budge m nrtors budget expenditures and authorizes purchasing, monitors and evaluates program Resolve discrepancies or procedural problems and responds to program administration and /or delivery e ns ensuring necessary follow -up occurs, assists with, provides input and monitors Department records for operational and budget development and accountability, maintains records, conducts research 068 and writes comprehensive reports, prepares and presents written and oral reports to other City departments, City Council, commissions, task forces, agencies and other groups Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff, provides for and/or conducts staff development, establishes work methods and standards, initiates corrective and/or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and in consultation with the Chief and Human Resources Knowledge, Skills and Other Characteristics: Knowledge of principles, practices and techniques of fire prevention, suppression, inspection, hazardous materials and emergency management Knowledge of fire department organization and management Knowledge of techniques and equipment used in fire fighting Knowledge of labor relations, negotiations and labor law Knowledge of adult learning principles Knowledge of automated business computing systems Knowledge of the principles and practices of effective management and supervision Knowledge of project management principles and practices Skill in the conduct of all facets of fire management and fieldwork Skill in program development, implementation and evaluation Skill developing and delivering professional and technical training Skill in conducting complex procedural and statistical analyses Skill in assessing objectives and operational requirements to develop and implement appropriate policies and procedures for the City and the Department Skill in managing, developing, motivating and evaluating professional and support staff Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in understanding and applying complex regulations, procedures and guidelines Skill in communicating effectively orally and in writing Skill in the use of personal computers and office /financial related software in a Windows -based operating environment Skill working under pressure, handling significant problems and tasks that arise simultaneously and /or unexpectedly Skill establishing and maintaining effective working relationships with staff, other City employees, and the public Licensing /Certification Requirements, Possession of current EMT and CPR certifications Possession of a valid Class C California driver's license and a satisfactory driving record Possession of State Chief Officer Certification is desirable Qualifications: Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8) years experience in the fire service including 4 years as a Fire Captain and possess a Bachelor's degree or 10 years of service as a Fire Captain with the El Segundo Fire Department If the promotional testing is declared to be open - competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full -time professional fire department (Bachelor's degree or equivalent is required effective July 1, 2006) 069 City of El Segundo, CA BATTALION CHIEF Job Description Job Code: 403 Definition: Under general direction, plans and manages designated operations of the Fire Department in providing fire suppression, prevention, inspection, emergency medical servic disaster preparedness and /or hazardous materials programs Essential Functions, Essential functions, as defined under the Americans with include the following duties and responsibilities, knowledge, skills and other cha duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehen e and tasks performed by positions in this class Characteristic Duties and Responsibilities: Positions in this classification typically perform a full range of by the following types of responsibilities Reviews and develops policy and procedures efficient operation of the Department overall Responds to and establishes the incident including fires, hazardous materials mad entrapments, vehicle acadents, bomb Zi mutual /automatic aid to assist other nsdu and emergency management ope ions, d other communication Develops comprehensive emergency managempfif monitors and mainta s ar civil of Chief in the for f I range emergency situations alhes a lose radioactive materials, isob dience and violence, responds to I ins ections of fire, hazardous materials on o activity reports, special reports and future needs for fire, hazardous materials and /or coordinates activities with those of other agencies, t in multi - jurisdictional matters Provides leadership, pr gram evel m nt, a mistration and coordination of designated Department operations, eaal ieral, rof cts an serve es, itors for compliance with City and Department policy and pro an a State d I al c des and regulations, serves as liaison with the community, prole tonal grou nil of r e I a contacts and resources for the City trai mg eel develops4oals and objectives for Department and individual training activities, d de %xta �ammg programs applicable to all aspects of fire and Department related identifies l resources for prowling training, maintains records and prepares reports, and i uTpr ual caree r development plans u O Coo dina s de ignated Fire Department operations with activities of other programs, departments or sta to en re gram delivery according to appropriate policies, procedures and specifications, confers h and a as staff and the public in providing advice, problem solving assistance, answers to questions and interpretation of Department procedures, goals and policy as in the development of the annual budget including personnel, training, equipment, materials mts and capital improvements, makes revenue and expenditure projections, develops program monitors budget expenditures and authorizes purchasing, monitors and evaluates program costs Resolves discrepancies or procedural problems and responds to program administration and /or delivery questions ensuring necessary follow -up occurs, assists with, provides input and monitors Department records for operational and budget development and accountability, maintains records, conducts research 0f0 and writes comprehensive reports, prepares and presents written and oral reports to other City departments, City Council, commissions, task forces, agencies and other groups Directly and through subordinate supervisors, hires, directs work efforts and evaluates staff, provides for and /or conducts staff development, establishes work methods and standards, initiates corrective and /or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and in consultation with the Chief and Human Resources Knowledge, Skills and Other Characteristics- Knowledge of principles, practices and techniques of fire prevention, suppression, inspection, hazardous materials and emergency management Knowledge of fire department organization and management Knowledge of techniques and equipment used in fire fighting Knowledge of labor relations, negotiations and labor law Knowledge of adult learning principles Knowledge of automated business computing systems Knowledge of the principles and practices of effective management and supervision Knowledge of protect management principles and practices Skill in the conduct of all facets of fire management and fieldwork Skill in program development, implementation and evaluation Skill developing and delivering professional and technical training Skill in conducting complex procedural and statistical analyses Skill in assessing objectives and operational requirements to develop and implement appropriate policies and procedures for the City and the Department Skill in managing, developing, motivating and evaluating professional and support staff Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in understanding and applying complex regulations, procedures and guidelines Skill in communicating effectively orally and in writing Skill in the use of personal computers and office /financial related software in a Windows -based operating environment Skill working under pressure, handling significant problems and tasks that arise simultaneously and /or unexpectedly Skill establishing and maintaining effective working relationships with staff, other City employees, and the public 071 Licensma /Certification Reawrements- Possession of current EMT and CPR certifications Possession of a valid Class C California driver's license and a satisfactory driving record Possession of State Chief Officer Certification is desirable Qualifications- Candidates for in -house Battalion Chief promotional examinations shall be required to have eight (8) years experience in the fire service including 4 years as a Fire Captain and possess a Bachelor's degree or 10 years of service as a Fire Captain with the El Segundo Fire Department If the promotional testing is declared to be open - competitive, the requirements for outside candidates shall be equivalent to the educational requirements and /or equivalent to the time in rank in a full -time professional fire department (Bachelor's degree or equivalent is required effective July 1, 2006) 079 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE- February 6, 2007 AGENDAHEADING. Consent Agenda Consideration and possible action to waive the formal bidding process per the El Segundo Municipal Code Sec 1 -7 -10 and authorize the Fire Department to purchase self - contained breathing apparatus (SCBA) replacement air bottles from Allstar Fire Equipment, Inc (Fiscal Impact $16,400) RECOMMENDED COUNCIL ACTIOW 1) Recommend that the City Council waive the formal bid process for the purchase of twenty - two (22) carbon fiber breathing air bottles, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On February 15, 2005, the City Council approved the first phase of the Fire Department breathing apparatus upgrade approving the purchase of twenty -six (26) CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) certified self - contained breathing units under the USFA/FEMA Assistance to Firefighters 2004 Grant Program It is the Department's desire to complete the transition to a CBRNE certified breathing apparatus for all first response units This specific request is needed to provide a mobile cache of ten (10) carbon fiber, 45- minute capacity replacement bottles to augment the mobile air filling station, as well as to complete the air bottle inventory on all first response units allowing for one bottle to be carried in reserve for each bottle in use in an SCBA back pack ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT- Operating Budget. Amount Requested, Account Number• Protect Phase: Appropriation Required: $ 49,434 $ 16,400 601 - 400 - 3202 -8104, _Yes X No Unit SCBA Bottle (72) Continued next ORIGINATED BY- DATE- Kevin — Smith. - Fire Chief 1/24/07 Jeff �fgWaK,, City If 073 6 BACKGROUND & DISCUSSION, continued. Staff recommends the waiver of the formal bid process and to complete the purchase through Allstar Fire Equipment, Inc Allstar Fire Equipment, Inc has successfully been awarded the bid for the first two phases of this transition, and has maintained a history of competitive pricing and responsive service to the Fire Department Staff believes that it is in the public's interest to maintain uniformity of equipment manufacturers, suppliers, and service staff in order to ensure the Fire Department is properly equipped with state of the art breathing apparatus and its equipment is properly maintained 071 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE. February 6, 2007 AGENDA HEADING: Consent Agenda Consideration and possible action to award a Contract to Federal Signal Controls in the amount of $256,560.46 for the installation of an improved monitoring system for the City's Water and Wastewater operations at 400 Lomita Street Approved Capital Improvement Program Project No PW 06 -01 (Contract Amount = $256,560 46) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Authorize the City Manager to execute a Public Works Contract with Federal Signal Controls in the amount of $256,560 46 in a form approved by the City Attorney, (2) approve contingency in the amount of $25,000, and (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- On June 7, 2005, City Council approved an agreement with Federal Signal Controls to design and provide hardware and software components for an upgraded telemetry system The TERRA platform, Federal Signal's third - generation telemetry system, is proposed to provide intelligent, automated and highly- secure remote monitoring of the City's water distribution, wastewater collection and storm water pumping stations (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS: Location Map FISCAL IMPACT: Operating Budget. Capital Improvement Program. Amount Requested, Account Number: Project Phase: Appropriation Required: $521,22018 $281,56046 501 -400- 7103 -8228 Award of Contract No ORIGINWD BY.. DATE: January 29, 2007 of Public Works Jeff feU 075 7 BACKGROUND & DISCUSSION: (continued) The plans and specifications to install the new system were completed by Federal Signal Controls On July 18, 2006, City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids The project was advertised in trade publications (McGraw Hill, Reed Construction and Bid America) and El Segundo Herald The City Clerks' Office received no bids on August 15, 2006 Public Contract Code §220389(C) provides that if no bids are received, the work can be performed through a negotiated contract Staff contacted the plan holders and other contractors to negotiate a contract for the installation of the System Federal Signal Controls was the only contractor interested in negotiating contract terms Others indicated that the installation was a specialized trade and expressed no interest Staff recommends awarding a contract to Federal Signal Controls for installation of the telemetry system in the amount of $256,560 46 Federal Signal Controls will install a complete system with all project management, configuration, testing, installation, start-up, training and documentation The System will monitor operations and water levels at the following sites • 10 Wastewater lift stations • 2 Wastewater flow stations 4 Storm Water pump stations 2 Water reservoirs • 2 Metropolitan Water District Service Connections Data will be conveyed to a central computer at the water facility at 400 Lomita Street via radio Backup communications will be provided by telephone lines and a separate satellite surveillance service being installed as a separate effort As an added precaution, each site will also be equipped with a strobe warning light Funding for this project is provided through the FY 2005 -2006 Capital Improvement Program Water Enterprise Funds City awarded a contract for design and telemetry components in the amount of $208,300 The construction cost for installation of the system including contingencies is $281,560 46 bringing the total project cost to $489,860 46 07P) 1 i 11 4' f I�I I � C� w ti I- t t plant -f reatme� Hypedor` ��. W d N 677 J r i �I J i f� U m C l0 f0 L t f0 _C Y L CL rn 3 4 ■ E1 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: February 6, 2007 AGENDA HEADING: Consent Agenda Consideration and possible action regarding entering Into a renewed five -year Park License agreement to continue to maintain and operate Southern California Edison property as City parks along Washington Street between Walnut and Mariposa Avenues and along Illinois Street between Mariposa and Holly Avenues (Fiscal Impact $1,683 annual cost, the total for the five -year agreement equaling $8,415) RECOMMENDED COUNCIL ACTION: 1) Approve a new Park License agreement to continue use of Southern California Edison property for City parks at a cost of $1,683 annually, totaling $8,415 over the course of the five - year agreement, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: The most current license agreement with Southern California Edison for the City of El Segundo to maintain and operate Southern California Edison property for parks consisting of Independence, Constitution, Washington and Freedom Parks required an annual payment of $1,634 This agreement expired In October 2006 The proposed new five -year agreement would expire In October 2010 and requires an annual payment of $1,683 that will total $8,415 over the course of the agreement ATTACHED SUPPORTING DOCUMENTS. Attachment # 1. Map of Independence, Constitution, Washington and Freedom Parks # 2 License Agreement between the City of El Segundo and So Cal Edison FISCAL IMPACT: $1,683 annual cost or $8,415 over the course of the five -year agreement Operating Budget, $346,000 Account Number: 001 -400- 5102 -6206 Amount Requested. $1,683 Project Phase: - -- Appropriation Required: _Yes X No ORIGINATED- DATE. Recreation and Parks Director DATE• Jeff,g~ City Manager 1 078 C� i ATTACHMENT #1 ( Map of Independence, Constitution, Washington and Freedom Parks, which is Southern California Edison property operated and maintained as City parks along Washington Street between Walnut and Mariposa Avenues and along Illinois Street between Mariposa and Holly Avenues ) 079 2 ATTACHMENT #2 Proposed License Agreement between the City of El Segundo and So. Cal. Edison ) 060 081 CITY OF EL SEGUNDO Property No PLENS732G18 Account No 1426 L I C E N SE A G R E E M E N T INDEX 1 USE 2 TERM 3 CONSIDERATION 4 INSURANCE 5 LICENSOR'S USE OF THE PROPERTY 6 LICENSEE'S IMPROVEMENTS 7 LICENSEE'S PERSONAL PROPERTY 8 HEIGHT LIMITATIONS 9 ACCESS AND CLEARANCES 10 PARKING 11 FLAMMABLES, WASTE AND NUISANCES 12 PESTICIDES AND HERBICIDES 13 HAZARDOUS WASTE 14 SIGNS 15 FENCING 16 PARKWAYS AND LANDSCAPING 17 IRRIGATION EQUIPMENT 18 UNDERGROUND TANKS 19 UNDERGROUND FACILITIES 20 UTILITIES 21 TAXES, ASSESSMENTS AND LIENS 22 EXPENSE 23 ASSIGNMENTS 24 COMPLIANCE WITH LAW 25 GOVERNING LAW 26 INDEMNIFICATION 27 TERMINATION 28 EVENTS OF DEFAULT 29 REMEDIES 30 NON - POSSESSORY INTEREST 31 WAIVER 32 AUTHO: iTY 33 ATTORNEY FEES 34 ELECTRIC AND MAGNETIC FIELDS 35 NOTICES 36 RECORDING 37 COMPLETE AGREEMENT ADDENDUM PARK USE Licensee Copy rt82 Property No PLENS732G18 Account No 1426 LICENSE AGREEMENT THIS AGREEMENT, made as of the 2— Z day of DU E `1 1 f LS' " , 20 (4(G between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and CITY OF EL SEGUNDO hereinafter called "Licensee ", WITNESSETH That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property described below and depicted on Exhibit "A" attached hereto and made a part hereof the ( "Property ") solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth California The subject Property is located in the City of El Segundo, County of Los Angeles, State of SUBJECT TO Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following A Convenants, conditions and restrictions recorded February 7, 1917, of Official Records, Book 6402, page 347 of Deeds B An Easement for street purposes to the City of El Segundo, affecting the southerly 5 00 feet of Lot 9 of Block 107, recorded April 20, 1955, in Book 48321, page 180 of Official Records C An unrecorded pipeline License to Shell Oil Company, dated December 14, 1970, affecting the Southerly 10 00 feet of Lots 8 and 9, Block 107 D An unrecorded pipeline License to W Howard Wilson dated October 23, 1944, located along a line parallel with and 35 00 feet Southerly from the North line of Lot 9, Block 107 E The right of El Segundo Land and Improvement Company, its successors or assigns, to lay, maintain, repair, restore, increase the size of, and remove pipes and conduits, in and upon, under or across said land, for the purpose of distributing water as recited in the Deed from Los Angeles Trust and Savings Bank, recorded in Book 6233, page 187 of Deeds, in the office of the County Recorder of Los Angeles County F Covenants, conditions and restrictions as set forth and imposed by the above mentioned Deed which contains a Lender's clause G An easement for road purposes to the City of El Segundo as recorded in Book 40168, page 163 of Official Records, in the office of the County Recorder of said County H The right of El Segundo land and Improvement Company, its successors or assigns, to lay, maintain, repair, restore, increase the size of land and remove pipes and conduits in and under that portion of said Lot 30 that is within the North 2 1(2 feet of Lot 6, Block 113 of El Segundo, as per map recorded in Book 20, page 114 and 115 of Maps, in the office of said County Recorder as contained in the Deed from Los Angeles Trust and Savings Bank, a corporation, to E E Southworth, recorded June 18, 1913, in Book 5737, page 217 of Deeds, in the office of the County Recorder of said County -1- 083 I Covenants, conditions and restrictions affecting that portion of said Lot 30 that is within Lot 5, Block 113 of El Segundo, as per map recorded in Book 20, page 114 of Maps in the Office of the County Recorder, contained in the Deed from Los Angeles Trust and Savings Bank to Ray M Pardon, recorded March 12, 1920, in Book 7130, page 108 of said Deeds 1 Use Licensee will use the Property for parks and /or public recreation purposes only Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 28 2 Term Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of October, 2006 and ending on the last day of September, 2011 Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason 3 Consideration Licensee will pay to Licensor the sum of One Thousand Six Hundred Eighty Three and 00/ 100 Dollars ($1,683 00) upon the execution and delivery of this Agreement for the first year, Term First Year Year Due 2006 Yearly Amount 1,68300 Payment Due First Da Of October Second Year 2007 1,68300 October Third Year Fourth Year 2008 2009 1,68300 October 1,68300 October October Fifth Year 2010 1,68300 All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800, Rosemead, California, 91770, Attention Corporate Accounting Department - Accounts Receivable All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all amounts outstanding insurance 4 Insurance During the term of this Agreement, Licensee shall maintain the following (a) Workers' Compensation with statutory limits, in accordance with the laws of the State of California and Employer's Liability with limits of not less than $1,000,000 00 Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or gross negligent acts of the Licensor (b) Commercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of $2,000,000 00 Such insurance shall (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions, (u) be primary for all purposes and (iii) contain standard cross - liability provisions -2- 0 8 4 (c) Commercial Automobile Insurance with a combined single limit of $1,000,000 00 Such insurance shall (i) cover the use of owned, non -owned and hired vehicles on the Property and (u) name Licensor, its officers, agents and employees as additional insureds Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this Agreement, Such insurance shall not be canceled nor allowed to expire nor be materially reduced without thirty days prior written notice to Licensor, or provide a certificate of self insurance 5 Licensor's Use of the Property Licensee agrees that Licensor, its successors and assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to conduct any activity on the Property Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and /or crops located on the Property 6 Licensee's Improvements Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements Written approval may be modified and /or rescinded by Licensor for any reason whatsoever At any time, Licensee may be required to modify and /or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor Licensor is not required, at any time, to make any improvements, alterations, changes or additions of any nature whatsoever to the Property Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Article 27 7 Licensee's Personal Property All approved equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as otherwise set forth herein If Licensee is not in default hereunder, Licensee shall have the right to remove the same from the Property at any time prior to the expiration or earlier termination of this Agreement, provided, however, that Licensee shall promptly restore any damage to the Property caused by the removal If Licensee is in default, however, such equipment or other property shall not be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof 8 Height Limitations Any equipment used by Licensee or its agents, employees or contractors, on and /or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of Twenty Five (25) feet from all overhead electrical conductors All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet If requested by Licensor, Licensee will remove any tree and /or other planting 9 Access and Clearances Licensee will provide Licensor with adequate access to all of Licensors fac:hties on the Property and at no time will there be any interference with the free movement of Licensor's equipment and materials over the Property Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three -axle vehicle The minimum width of all roads shall be increased on curves by a distance equal to 400/ inside radius of curvature All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times 3 U 8:) a A 50- toot - radius around suspension tower legs and 100 -foot radius around dead -end tower legs b A 10400t - radius around all steel and wood poles NOTE Additional clearance may be required for structures Plant material in 1 gallon containers (maximum size) may be permitted outside the 25 -foot radius around tower legs 10 Parking Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor 11 Flammables. Waste and Nuisances Licensee will not, nor allow others to, place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials, noise or other nuisance disturbances Licensee will not permit dogs on the Property 12 Pesticides and Herbicides Any pesticide or herbicide applications and disposals will be made in accordance with all federal, state, county and local laws Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard as well as all materials contaminated by such substances, including but not limited to, containers, clothing and equipment in the manner prescribed by law 13 Hazardous Waste Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to hazardous, toxic or infectious materials and /or waste Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills of, and /or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee 14 Signs Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising 15 Fencin g Licensee may install fencing on the Property with prior written approval from Licensor Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensor's locks, in locations specified by Licensor Licensee will ground and maintain all fencing 16 Parkways and Landscapin g Licensee will keep parkway and sidewalk areas adjacent to the Property free of ...eeds and trash Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor 17 Irrigation Equipment Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense 18 Underground Tanks Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval -4- 086 19 Underground Facilities Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle Licensee will compact any earth to a compaction of ninety percent (90 %) Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities 20 Utilities Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property 21 Taxes, Assessments and Liens Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property Licensee will keep the Property free from all hens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee If Licensee fails to pay the above - mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee All accounts not paid within 30 days of the agreed upon due date will be charged a "late fee" on all amounts outstanding up to the maximum rate allowed by law 22 Expense Licensee will perform and pay all obligations of Licensee under this Agreement All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things 23 Assignments This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party 24 Compliance with Law Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder 25 Governing Law The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California 26 Indemnification Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee 27 Termination This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, upon thirty (30) days notice in writing Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor Termination, cancellation or expiration does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred Licensee's continued presence after termination shall be deemed a trespass 28 Events of Default The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee -5- U$7 (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due (b) The abandonment or vacating of the Property by Licensee (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23 (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee (� Any attempt to exclude Licensor from the licensed premises (g) The making by Licensee of any general assignment for the benefit of creditors, the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days, the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days (h) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof 29 Remedies In the event of any default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination to Licensee Upon termination, Licensor will have the right to remove Licensee's personal property from the Property, including but not limited to, buildings, structures and fixtures In addition, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform its obligations under this Agreement 30 Non - Possessory Interest Licensor retains full possession of the Property and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein Licensee will make no claim to any such interest Any viol lion of this provision will immediately void and terminate this Agreement 31 Waiver No waive, by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision Licensoe's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee 32 Authority This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No 69 -C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, which General Order No 69 -C, by this reference, is hereby incorporated herein and made a part hereof -6- U 8 8 33 Attornevs' Fees In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred 34 Electric and Magnetic Fields ( "EMF") There are numerous sources of power frequency electric and magnetic field ( "EMF "), including household or building wiring, electrical appliances and electric power transmission and distribution facilities There have been numerous scientific studies about the potential health effects of EMF Interest in a potential link between long -term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns While some 30 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen Many of the questions about specific diseases have been successfully resolved due to an aggressive international research program However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e g adult cancers and miscarriages) While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's electric facilities, SCE wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF Accordingly, SCE has attached to this document, a brochure that explains some basic facts about EMF and that describes SCE's policy on EMF SCE also encourages you to obtain other information as needed to assist you in understanding the EMF with respect to your planned use of this property 35 Notices All notices required to be given by either party will be made in writing and deposited in the United States mail, first class, postage prepaid, addressed as follows To Licensor Southern California Edison Company Corporate Real Estate Department Real Estate Operations Division 14799 Chestnut Street Westminster. CA 92683 To Licensee City of El Segundo 350 Main Street El Segundo, CA 90245 Business Telephone Number (310) 322 -4670 Licensee will immediately notify Licensor of any address change 36 Recording Licensee will not record this Agreement -7- n $V „ 37 Complete Agreement Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written 717 SOUTHERN CALIFORNIA EDISON COMPANY By Gv LICENSOR NOLAN M M Right of Way Agent Real Estate Operations Corporate Real Estate Department CITY OF EL SEGUNDO LICENSEE Print Name -8- 089 ADDENDUM PARK USE A Licensee must obtain the prior written approval from Licensor for the installation of any facilities, including any subsequent modifications Licensee will maintain all facilities in a safe condition satisfactory to Licensor B At any time, Licensor may require the relocation of any portion of the facilities Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor C At Licensee's expense, Licensee will post signs at all access points to the Property that read "No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead " D At Licensee's expense, Licensee will post signs at all access points of the Property that read "No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted " E Licensee must close the park at any time Licensor deems it necessary for the safety of the general public If it is necessary to close the park for a period of more than three days, Licensee will notify the general public of the closure by posting at all access points to the property F At Licensee's expense, Licensee will install removable post -type barriers designed to accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles G Trespass discouragers shall be installed on Licensor's towers The discourager installation will be performed by SCE Licensee shall pay SCE in advance, for all SCE direct and indirect costs associated with the engineering, purchase, and installation of the discouragers All towers shall be equipped with signs so worded as to warn the public of the danger of climbing the towers Such signs shall be placed and arranged so that they may be read from the four corners of the structure Such signs shall be neither less than 8 feet nor more than 20 feet above the ground except where the lowest horizontal member of the tower or structure is more than 20 feet above the ground in which case the sign shall be not more than 30 feet above the ground H Licensee must design and construct all walkways, underground sprinkler systems, lighting facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three - axle vehicle Licensee's Initials -9- U 9 0 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: February 6, 2007 AGENDAHEADING: ConsentAgenc Consideration and possible action to approve a Professional Service Agreement with Rowley International Inc in the amount of $29,500 for preparation of plans and specifications to replace the filtration system at the Urho Saari Swim Stadium (219 W Mariposa Avenue) Approved Capital Improvement Program - (Fiscal Impact = $29,500) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Authorize the City Manager to execute the agreement with Rowley International Inc in the amount of $29,500 in a form approved by the City Attorney, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The Urho Saari Swim Stadium (Plunge) located at 219 W Mariposa Avenue The plunge features two pools The "Competition Pool' and the smaller "Teaching Pool' (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS. 1 Scope of Work FISCAL IMPACT. Operating Budget: Amount Requested. Account Number. Project Phase: Appropriation Required: $599,750 $ 29,500 301- 400 - 8208 -8476 Agreement for Professional Services No ORIGINATED BY: DATE: January 30, 2007 St a Finton, Public Works Director REVIEWED BY Jeff DATE: 0 09� BACKGROUND & DISCUSSION: (continued) In May of 2001, the City entered into a contract with Rowley International Inc to prepare a feasibility report "Report" This Report represents the consultant's analysis of the swim stadium and recommendation for swimming pool and systems renovations to meet current codes and to provide a safe and efficient public aquatic facility One of the items identified as a priority in the report is modification of the circulation system and piping of the pools Presently, both pools share the same filtration system which is a violation of current Health Department regulations The Health Department has been consulted and wants the City to correct a list of items that don't meet current codes However, the Department acknowledges the urgent need to replace the filtration system and will permit a phased approach to achieve compliance with the least impact The compromise reached with the Health Department includes • Installation of a circulation, filtration, chemical treatment and heating systems for both pools • Conversion of the Teaching Pool filtration system from a gutter to skimmer system It has recently been discovered that the filtration tanks are severely corroded and could fad at any time which would require long -term closure of the pools Rowley International Inc has experience in the design of indoor swimming facilities They are also familiar with Urho Saari Swim Stadium ()91 Rowley International Inc Aquatic Design, Engineering & Consulting November 9, 2006 2325 Palos Verdes Drive West, Suite 312 Palos Verdes Estates, California 90274 -2755 Ph (310) 377 -6724 Fax (310) 377 -8890 w w w r& #jU9ulCDLpJr n a t i o n a l corn s poM oggnd Mr Steve Fenton, P E Director Public Works, City of El Segundo City Hall 350 Main Street a3n1303d El Segundo, CA 90245 -3812 SUBJECT: CITY OF EL SEGUNDO INDOOR SWIM CENTER POOL EQUIPMENT REHABILITATION Dear Mr Fenton Thank you for the opportunity to prepare a proposal as Aquatic Consulting Engineer for the Pool Rehabilitation Project at the Indoor Swim Center It is with enthusiasm that we offer this Proposal for Services Based upon the Information provided, the following Is our Fee Proposal and proposed Scope of Services for the Project. The Project will consist of a complete Pool Equipment Rehabilitation of the existing Pool Mechanical Equipment Including the filtration systems for the two -pool complex The design will take Into account the accommodation of swimming, suitable for instructional and recreational aquatics activities associated with an Indoor community facility Our Design Fee for the Project will be $29,500 00 (subject to change based upon the final Scope of Work) for the following Scope of Services 1 Design and Engineering for renovating the existing In- Ground Shallow Children's Swimming Pool with new underground plumbing between the Pool and the Mechanical Room A completely new Circulation system for this pool will be designed in order to separate the Children's Pool from the Competition Pool In addition, the Pool will be fitted with new tile and plaster finishes The Pool will maintain Its original size and shape The Swimming Pool Circulation system will be converted to surface skimmer system 2 Design and Engineering of the rehabilitation of the Circulation, Filtration and Chemical treatment of both the Competition Pool and Children's Pool utilizing both New and Existing Swimming Pool Equipment 3 Design and Engineering for one additional Plate Heat exchanger to be added to the circulation system for the Children's Pool 4 RI will provide Electrical Engineering and design for the New Swimming Pool Equipment 5 RI will provide Structural Engineering and Design for the Pool Shell, New Surge Chamber for the Competition Pool and deck modifications as part of our design 6 Rowley International will provide Complete Construction Drawings and Specifications for the Pool and Pool related deck equipment 7 RI will secure the approval of the County Health Department regarding our Scope of Work for this Project 8 Rowley International will answer questions from Contractors during the Bidding and Construction Phases 9 RI well attend four (4) Construction Site Visits as necessary during Pool Construction, Including a rough plumbing inspection at the time of hydrostatic test, a pre - shotcrete inspection, and a pre - plaster inspection, and one additional site visit 094 Rowley International Inc Mr Steve Finton, P E November 9, 2006 Page 2 10 Rowley International will attend one (1) Punch List Inspection at start up and provide a Final Punch List for the Contractor The breakdown for our fees will be as follows Schematic Design Design Development Construction Documents Construction 15% $4,42500 15% $4,42500 50% $14,75000 20% $5,90000 The above Fee does not include the following 1 Approvals from State Agencies or the Local Administrative Authority Rowley International will assist 2 Fees for approvals by State Agencies, Health Department or the Local Administrative Authority 3 Reproduction of documents other than for client review, submittal to review agencies and consultant coordination purposes. Additional Conditions to be stipulated in our Contract are as follows Client shall provide all existing information necessary for the completion of our Scope of Services as outlined above Upon written request, and within a reasonable amount of time, Client shall execute and deliver, or cause to be executed and delivered, such additional instruments, documents, approvals, government fees, and charges which are necessary to perform the terms of the agreement. The Scope of Services described above shall be performed as a single set of Construction Documents Splitting the Project into more than one phase of construction or more than one project may require an increase in the Fee Opinions of Probable Construction Cost prepared by Rowley International Inc are approximate only and do not take into account future market conditions or contractor's bidding methods. RI Inc has no control over costs of labor, materials or equipment and RI Inc's estimates cannot be guaranteed • Rowley International Inc is not responsible for the means, methods, sequences, techniques and procedures of construction nor for safety precautions associated with construction Should any additional services beyond the agreed upon Scope of Work as set forth in this Proposal be deemed necessary such work would be billed at an hourly rate as follows Principal $175.00 Project Architect/Director 12000 Senior Protect Manager 11000 Designer 9000 Draftsperson 5000 Messenger 2500 Mileage $0 50 /Mile Expenses Billed at Cost 095 Rowley International Inc Additional Services shall include but are not limited to the following. Mr Steve Fenton, P E _ November 9, 2006 Page 3 • Revisions to the design following commencement of the Construction Doamients. • Revisions to the Construction Documents requiring a budget - driven changein the Project, unless a fixed construction budget has previously been established for the Pool and the Statements of Probable Pool Construction Cost exceed the Pool Construction Budget by more than 10% • Preparation of front end (boilerplate) non - technical Specifications. • Revisions to the Construction Documents which result from more than oneset of revision comments from the Client and Local Administrative Authanty We welcome this opportunity to offer our Services to you If you requue any additional information at this time please call. Sincerely, ROWLEY INTERNATIONAL INC CITY OF EL SEGUNDO DEPARTMENT OF PUBUCWORKS Greg n n Signature Protect Manager Date Pnnted Name Title Date 09 EL SEGUNDO CITY COUNCIL MEETING DATE- February 6, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Consideration and possible action to adopt plans and specifications for replacement of playground equipment in Recreation Park (300 E Pine Avenue) and Candy Cane Park (100 Whiting Street) Approved Capital Improvement Program Project No. PW 07 -01 — (Fiscal Impact = $372,000 from grant funding) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve plans and specifications, (2) Appropriate State of California Department of Parks and Recreation Grant Funds in the amount of $147,000 for the project, (3) Authorize staff to advertise the project for receipt of bids, and (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The City has secured grant funding in the amount of $372,000 from the State of California Department of Parks and Recreation for the refurbishment of playground equipment at Recreation Park and Candy Cane Park The grant funds are provided on a reimbursement basis (Background and discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS: Location Map Conceptual proposed equipment at each park FISCAL IMPACT. Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required. $225,00000 $372,00000 301 - 400 -8208- 8978,301- 300 - 0000 -3703 Adopt plans and specifications Yes, $147,000 from State of California Department of Rec and Parks and add estimated revenues of $147,000 ORIGINATED BY, DATE. January 29, 2007 Ste a Fenton Public Works Director REVI7e;art, DATE- / �j I 1a 097 Je y Man ager BACKGROUND & DISCUSSION: (continued) Playground equipment at both the upper and lower playgrounds of Recreation Park and Candy Cane Park are in need of replacement $225,000 was budgeted in FY 2006 -2007 for refurbishment of the parks The cost of refurbishment is estimated at $372,000 which will be covered by grant funding An additional appropriation of grant funds in the amount of $147,000 is required On January 17, 2007, the Recreation and Parks Commission reviewed and approved the project design The plans and specifications are complete and staff recommends advertising this project for receipt of construction bids 098 CITY MAP PGpYC�ouND EquiPmEnlT City of El ScE do i BNWOHL VH JO A310 5 130HVSOtlOA non 1 LL z __ ,ainw a \a . To a a ❑ a�Nm,�,., „a.... wNa.a.r 9 uu.amNm II�{I� ��0 � � UW�aNm Cxwwa�.nw C x..a.,. CNN = DDR v.ar¢.w !I i WW4VxM 000 HmE-1 eu9YPVm L Wx..nOm flGMe �O �® W 1 OO � B ®�� HIE lWdafo `• LL BIPa/.m ¢ Q mnooxm ❑ ❑��0 p z N�.woam V 0 o ® B L nn �B� a�Htrta.� u«om �j(y.'��' �M�� BB 4 iao.o�o guts x�n+a +gsgaSS T EE®BB�B wwNmart .ow�ur.e. ❑ aUP a«a.a y ss 4 Y � p ws. ,ow pan o�m (�LJ V N O U co SOLAR CLIMBER 'S' CRAWL 90' OVALPANEL TUBE CABANA GLIDE W/ CONSTRUCTION ROOF SLIDE PANEL INSERT (deck) ACCESSIBLE DRIVER PANEL (ground) 36" ' t SILO BABBLE -ON 3611 CLIMBER POST ADA STAIRS o WHEEL�`� DOUBLE O GLIDE 3, 12 .8 HAND SLIDE ACCESSIBLE �� HOLDS BUGS PANEL CUSTOM 2 -5 � O SIGN ACCESS E SIGN GATE BABBLE -ON 24 e STATIONARY BUTTONS CANDY CANE PARK � j `i ! D !y 2 . 3 ;!| � A z � ! °® � ,m \, \) » 0 w | §()9) R � �5 2F � 2 O � w ± w lg1 O!§ � O)E `i ! D !y 2 . 3 ;!| � A z � ! °® � ,m \, \) » 0 w | §()9) R � �5 2F � 2 O � w ± w lg1 POURED IN PLACE RUBBER SURFACING 3,629 SQUARE FEET 232 LINEAR FEET HOOPS CLIMBER TRANSFER STATION W /STEP 5-12 SIGN CUSTOM DLIUt SLIDE 90° HORIZ LOOP LADDER W /ACCESS LADDER OVAL PANEL W/ LOOK DOWN PANEL INSERT (deck) SLITHER SLITHER SLIDE RECREATION PARK- UPPER PLAYGROUND 102 EL SEGUNDO CITY COUNCIL MEETING DATE: February 06, 2007 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding final acceptance of construction related to Group 5 (31 Dwellings), Group 6 (36 Dwellings), Group 7 (21 Dwellings), and Group 8 (24 Dwellings) of the City's Residential Sound Insulation Program Project Numbers RSI 05 -01, RSI 05 -07, RSI 05 -09, and RSI 05 -14 — (Final contracts total = $3,758,105 65) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Planning and Building Safety Director's Notices of Completion in the County Recorder's Office, and (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION, The four projects are a part of the City's Residential Sound Insulation (RSI) Program financed by federal grants from the Federal Aviation Administration (FAA) and funding from a recent settlement agreement with Los Angeles World Airports (LAWA) The RSI Program offers modifications to owners of qualifying residential property in the City of El Segundo that reduce interior sound levels of noise generated by air traffic from neighboring Los Angeles International Airport (LAX) City Council awarded construction contracts to S &L Specialty Contracting, Inc on March 1, 2005 for Group 5, on June 21, 2005 for Group 6, on August 16, 2005 for Group 7, and on November 1, 2005 for Group 8 The work has now been completed to the satisfaction of staff The final contract amount based on measured quantities is $3,758,105 65 Staff recommends acceptance of this project ATTACHED SUPPORTING DOCUMENTS: Lists of homes in Groups 5, 6, 7, and 8 FISCAL IMPACT- Amount approved by City Council, $4,071,232 00 Amount Requested: $3,758,105 65 Account Number 116 -400- 0000 -8960 Project Phase. 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C/) LL m C: c� 3 m is 2f m o ��ww m o°6� Z,ww=om:°mmEa)m ��oor— E cm L M M s -m o f _ c c N s o U_ mMUI�YU` QFL -- �U` 0- 1w YYC/)UJJd N ma r N M V CO I- M M O r N M V' Cn CO h CIO O O r N M v E 7 O CO O CO O CO O CO O M O a0 O W O M O O r W r M r M r CO r co r CD r CO r co r co r co N CO N co N co N Co N W Z 0 0 N O M 107 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE- February 6, 2007 AGENDA HEADING Consideration and possible action to support AB 138 (Bass) which would allow military veterans to park without charge in time restricted or metered parking spaces ( Fiscal Impact None) RECOMMENDED COUNCIL ACTION* 1) Authorize the Mayor to send appropriate correspondence stating the City's support of AB 138 (Bass) to Assemblywoman Bass and Assemblyman Ted Lieu, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Assemblywoman Karen Bass has introduced AB 138, which would allow military veterans who drive vehicles fitted with specific placards indicating that the driver of the vehicle has been wounded, a POW, decorated or has survived Pearl Harbor to park their vehicles without charge in "state or local authority parking facility, a parking space in a time restricted zone of one hour or more, or a metered parking space " The bill is intended to serve as token a gratitude for the State's military veterans. The City of El Segundo currently does not maintain parking meters or operate parking facilities where vehicles are charged a fee to park Accordingly, enactment of AB 138, as written, would have no fiscal impact on the City However, I believe that the bill represents an appropriate sense of public appreciation for military veterans living in California I urge the City Council's support of the bill The bill has not yet been assigned to a Committee for consideration ATTACHED SUPPORTING DOCUMENTS: Copy of AB 138 (Bass) FISCAL IMPACT. NIA Operating Budget: Amount Requested: Account Number. Project Phase: Appropriation Required. _Yes _ No ORIGINATED: DATE January 31, 2007 I � t2� o ncilmem Jim Boul arides 'WEVIEW DATE: 31 p 1 J art, City Manager 1 �2 ��s CALIFORNIA LEGISLATURE - 2007-o8 REGULAR SESSION ASSEMBLY BILL No. 138 Introduced by Assembly Member Bass January 16, 2007 An act to add Section 225113 to the Vehicle Code, relating to vehicles LEGISLATIVE COUNSEL'S DIGEST AB 138, as Introduced, Bass Vehicles veterans parking (1) Existing law authorizes the issuance of special license plates by the Department of Motor Vehicles for certain qualified veterans for their vehicles This bill would authorize veterans displaying those special license plates on their vehicles to park, without charge, In a state or local authority parking facility, a parking space In a time restricted zone of one hour or more, or a metered parking space, as specified The bill would impose a new duty on a local agency by requiring the local agency to provide a program for Implementation of these requirements, thereby creating a state - mandated local program (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions Vote majority Appropriation no Fiscal committee yes State - mandated local program yes 99 IU9 AB 138 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -2- The people of the State of California do enact as follows SECTION 1 Section 225113 is added to the Vehicle Code, to read 225113 (a) A veteran displaying special license plates issued under Section 51013, 51014, 51015, 51016, or 51018 may park his or her motor vehicle, weighing not more than 6,000 pounds gross weight, without charge, in any of the following zones (1) A parking space in a state or local authority parking facility, except as follows (A) A parking space that is specifically designated by a number, marking, name, or title for a particular person, particular pernuttee, or indicating assignment to a state or local government employee (B) A parking space that, under the law, is reserved for a particular type of vehicle (2) A parking space in a time restricted zone of one hour or more (3) A metered parking space (b) Nothing in this section restricts the rights of a person displaying either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Section 2251155 or 2251159 (c) This section does not exempt a vehicle displaying special license plates issued under Section 51013, 51014, 5101 5, 5101.6, or 5101 8 from compliance with any other state law or ordinance, including, but not limited to, vehicle height restrictions, zones that prohibit stopping, parking, or standing of all vehicles, parking time limitations, street sweeping, restrictions of the parking space to a particular type of vehicle, or the parking of a vehicle that is involved in the operation of a street vending business SEC 2 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code C�7 99 110 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Pro Tem Busch AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of a resolution rescinding Resolution 4247 revising policies and procedures for naming and dedicating City facilities, including additional information relative to naming rights and sponsorship agreements (Fiscal Impact None) RECOMMENDED COUNCIL ACTION' 1) Adopt proposed resolution rescinding Resolution 4247 revising policies and procedures for naming and dedicating City facilities, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' In March 2002, City Council adopted Resolution 4247 regarding the naming and dedication of City facilities The resolution formalized the naming and dedication of City facilities as follows 1) A definition of the types of facilities covered by the resolution was created, 2) Criteria was established to be utilized when naming or dedicating a City -owned facility, and 3) A process was identified to be followed when naming or dedicating a City -owned facility In order to allow for consideration of naming rights licensing or sponsorship agreements for City facilities by businesses, and in order to identify the process by which this would occur, revisions to Resolution 4247 are recommended (Attachment #1) as follows (Continued on following page ) ATTACHED SUPPORTING DOCUMENTS: Attachment #1 Revised Resolution for Naming and Dedicating City facilities FISCAL IMPACT: None Operating Budget- Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No El'c'u 9� Eric Busch, Mavor Pro Tern Jeff St= Citv Manaaer 13 111 BACKGROUND & DISCUSSION: ( continued from previous page) Recommended revisions specify that in circumstances determined by City Council, staff will investigate and negotiate with businesses for naming rights licensing and /or sponsorship agreements for facilities in return for one -time or on- going, multiple -year funding and revenue options to the City The Recreation and Parks Commission would review and make recommendation to City Council regarding naming approval, naming rights and sponsorship Financial agreements would be determined by City Council RESOLUTION NO. A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL ADOPTING POLICIES AND PROCEDURES FOR NAMING AND DEDICATING CITY FACILITIES. BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council finds and declares as follows A Naming City buildings, parks, and other facilities serves a public interest by recognizing important landmarks, locations, or persons. This assists the public not only in identifying and visiting these places, but also promotes civic pride B In order to facilitate that manner in which public facilities may be named, the City Council believes that it should set forth the guidelines for identifying facilities that should be named and the manner in which names may be selected SECTION 2 The public facilities affected by this Resolution are as follows A Buildings City -owned facilities used for City administration or other City business Such facilities include, without limitation, the Civic Center, City Council Chambers, Police Facility, Fire Facility and Communications Center and Library B Support Facilities City -owned facilities that support field operations Support facilities include, without limitation, the corporation yard and water and wastewater pump stations C Parks City -owned facilities utilized as recreation or open space sites and trail areas Park sites included developed and undeveloped park areas, designated open space areas and park amenities D Recreation Facilities and Amenities City -owned facilities used primarily for sports, recreation and leisure activities, including, without limitation, the Joslyn Center, swim stadium, aquatic facilities, teen center, roller hockey rink, skate park, beach property, athletic fields, texims/basketball/handball courts, lawn bowling space, community centers, gazebos and meeting rooms SECTION 3 City facilities will be named pursuant to the following guidelines A Names given to facilities will provide easy and recognizable references for City residents, corporate citizens and other visitors Such names should generally reflect the facility's geographic location (such as a mayor street, Page 1 of 4 113 location, neighborhood) or the City's name if the facility serves the entire population B In certain, unusual, circumstances, where names reflecting the geographical location or the City are unworkable, names may reflect topography, notable flora, or historical precedent Under extraordinary circumstances, consideration may be given to naming facilities after significant personages who made prominent contributions to the City's community C In circumstances determined by City Council, the City Manager, or designee, may investigate and negotiate with businesses for naming rights licensing and/or sponsorship agreements for facilities in return for one -time or on- going, multiple -year funding and revenue options to the City The Recreation and Parks Commission will review and make a recommendation to City Council Approval of financial agreements will be determined by City Council SECTION 4 Facilities will be dedicated as follows A After a recommendation from the Recreation & Parks Comrmssion on the name for a particular facility, the City Council will take action to dedicate that facility at a regularly scheduled meeting B Following the City Council's action, the City Manager, or designee, will install a plaque on the facility which includes the following 1 Facility name, 2 Dedication date, 3 Names of all city council members at the time of the conception design and dedication, 4 Names of the Mayor and Mayor Pro Tern at the time of the conception design and dedication, 5. Name of the City Manager at the time of the dedication and the name of the City Manager in office when the project was budgeted, 6 Name of the Department Head primarily responsible for operating the facility at the time of the dedication, and 7 Additional information determined by City Council action at the time of naming the facility Page 2 of 4 114 C If a plaque currently exists on a building or facility being named or dedicated, that plaque will be retained and appropriately displayed SECTION 5 The City may name facilities using private funding on the following basis A The Recreation & Parks Commission may consider requests by residents or business enterprises to name public facilities B The Recreation & Parks Commission will consider these requests as follows 1 The request will specifically state how such naming complies with Section 3 of this Resolution, 2 The proposal will include a funding mechanism to offset the City's cost of installing and maintaining a plaque or other form of naming the facility, C The costs of installing and maintaining the plaque, or other form of memorial, will be established by the City Manager, or designee D If a proposal to name a public facility involves naming rights or sponsorship opportunities by a private business in return for funding and revenue options to the City as per Section 3C of this Resolution, the Recreation and Parks Commission will review the naming and sponsorship agreement for the facility and make a recommendation to City Council SECTION 6 The City Manager, or designee, is directed to implement this Resolution through administrative policies and procedures SECTION 7 The City Clerk is directed to certify the passage and adoption of this Resolution, enter same in the book of original Resolutions; and make a Minute of its adoption in the City's records and in the Minutes of the meeting when it was adopted SECTION 8 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this _ day of 2007 ATTEST Cindy Mortesen, City Clerk Kelly McDowell, Mayor Page 3 of 4 115 APPROVED AS TQ ,- "7 Mark D Hensley�ity qfn By Karl A Berger, Assistant City A; o ey STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2007, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2007 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 4 of 4 116 EL SEGUNDO CITY COUNCIL MEETING DATE: February 6, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Reports AGENDA DESCRIPTION: Consideration and possible action to direct the Capital Improvement Program Advisory Committee (CI PAC) to develop recommendations for a 10 -year Capital Improvement Program for consideration by the City Council (Fiscal Impact = none) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Direct the Capital Improvement Advisory Committee (CIPAC) to develop recommendations for a ten -year Capital Improvement Program for consideration by the City Council, and (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The Capital Improvement Program Advisory Committee (CIPAC) is a five- member committee whose members are both residents and business representatives tasked with developing the City's annual Capital Improvement Program (CIP) City staff and the public can submit project proposals for CIPAC consideration CIPAC evaluates the protects and recommends an annual CIP for City Council consideration CIPAC's mission statement includes direction for development of a five -year CIP, however, to date, the products of Cl PAC's efforts have been one -year CIPs This yearly project planning process is appropriate for many types of City projects However, a longer -term plan is essential to address future needs for critical infrastructure elements, such as water mains, sewer mains and street pavements and Discussion continued on next NG None FISCAL IMPACT: Operating Budget. NA Amount Requested: NA Account Number: NA Project Phase- NA Appropriation Required: No ORIGINATED Y: DATE. Y" c ay REVIEWVD DATE: / Jeff S er / 4 117 BACKGROUND & DISCUSSION (Continued); These fixed infrastructure assets particularly have finite estimated lives, and timely replacement or rehabilitation is required from time -to -time to assure dependable, high - quality service In addition, a long -term, multi -year approach to budgeting, funding and spending for capital programs could allow us to better anticipate, forecast and cope with rapidly increasing construction costs and fluctuating project budgets. My suggestion is to direct CIPAC to develop recommendations for the council for a ten -year CIP for inclusion in the Fiscal Year (FY) 2007 -08 budget and future budgets. This plan should include recommendations for replacement or rehabilitation of capital assets, given actual funding constraints CIPAC should further consider replacement, rehabilitation and enhancement of capital assets assuming sufficient funding, so that funding shortfalls, if any, can be detected and addressed more easily and accurately -6A