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2007 MAY 01 - CC PACKET REVJ s 0 J H E R 17r � C� AGENDA EL SEGUNDO CITY COUNCIL f COUNCIL CHAMBERS - 350 Main Street Z 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 portions of the Meeting. 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 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). 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, MAY 1, 2007 - 5:00 P.M. Next Resolution # 4508 Next Ordinance # 1406 5:00 P.M. SESSION CALL TO ORDER ROLL CALL 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, et se q.) 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 2 X0 2 J X 0 HERIr N a m t r AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. 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 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). 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, MAY 1, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — PLEDGE OF ALLEGIANCE — Councilmember Bill Fisher Next Resolution # 4508 Next Ordinance # 1406 003 PRESENTATIONS - (a) Proclamation declaring Saturday, May 12, 2007 as El Segundo Public Safety Service Day and invite the community to participate in the joint Open House from 10:00 a.m. to 2:00 p.m. (b) Proclamation declaring the month of May, Relay For Life month and designate May 12, 2007 and May 13, 2007 as Relay For Life days throughout the City of El Segundo. ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS 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. �U4 1. Warrant Numbers 2559118 to 2559383 on Register No. 14 in the total amount of $907,890.70 and Wire Transfers from 04/06/2007 through 04/19/2007 in the total amount of $1,299,637.61. 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. 2. Regular City Council Meeting Minutes of April 17, 2007. Recommendation — Approval. 3. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for a new restaurant under construction at a new shopping center (Plaza El Segundo) located at 710 Allied Way, Suite D, EA No. 736 and AUP No. 06- 10. Applicant: La Sirena Grill & Cantina, Inc. (Fiscal Impact: None) Recommendation — (1) Determine that the City Council does not protest the issuance of a new Type 47 ABC license at 710 Allied Way; (2) Alternatively discuss and take other action related to this item. 4. Consideration and possible action to waive the formal bidding process per El Segundo Municipal Code Sec. 1 -7 -10 and authorize the Fire Department to purchase high pressure air bags from Lee & Associates Rescue Equipment, Inc., on a sole source basis for the City's Urban Search and Rescue vehicle. (Fiscal Impact: $25,100) Recommendation — (1) Approve the purchase of ResQTek air bags from Lee & Associates Rescue Equipment, Inc.; (2) Pursuant to El Segundo Municipal Code Sec. 1- 7-10, waive the bidding process based upon a sole source vendor for the specified air bags; (3) Alternatively discuss and take other action related to this item. 5. Consideration and possible action to adopt plans and specifications for the 2006- 2007 annual contract for curb, curb and gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Program. Project No. PW 07 -02. CDBG Project No. 600858 -06. (Fiscal Impact: $253,782 - $87,782 CDBG funds, $150,000 Gas Tax funds and $16,000 TDA funds) Recommendation — (1) Approve plans and specifications; (2) Authorize staff to advertise the project for receipt of bids; (3) Alternatively discuss and take other action related to this item. 005 6. Consideration and possible action regarding final acceptance of construction related to Group 9 (25 Dwellings) and Group 10 (23 Dwellings) of the City's Residential Sound Insulation Program. Project Numbers RSI 06 -03 an RSI 06 -04. (Fiscal contracts total = $1,934,061.93). 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. 7. Consideration and possible action to approve the first amendment to contract agreement No. 3484 between the City of El Segundo and Fireworks and Stage FX America, Inc. and include the 4th of July fireworks show for 2007. (Fiscal Impact $22,000) Recommendation — (1) Approve the proposed amendment to contract agreement No. 3484 with Fireworks & Stage FX America to provide the City's fireworks show at the City's 4th of July 2007 celebration; (2) Authorize the City Manager to execute the amendment to agreement 3484 as approved to form by the City Attorney; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — C1 006 Mayor Pro Tern Busch - Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: ? —aS'o% TIME: NAME: 7 r� °a i0rortamattvoll Citp of el *tpnbo, California WHEREAS, The El Segundo Fire and Police Departments have provided public service for over 8o years to the citizens of El Segundo, including fire suppression, safety and security, fire and crime prevention activities and public education, as well as a commitment to our core values of respect, integrity, service and excellence; and WHEREAS, The El Segundo Fire and Police Departments also administer life - saving paramedic services to victims of illness and injury, provide specialized rescue services and respond to hazardous materials incidents; and WHEREAS, The El Segundo Fire and Police Departments have set aside Saturday, May 12, 2007 from lo:oo a.m. to 2:00 p.m., to hold Open House for the public to observe the many functions of their respective personnel, equipment, and facilities, experience a SWAT demonstration, and learn of their readiness to protect the lives and property of the citizens they serve; and WHEREAS, The Fire Department Open House will take place at Fire Station No. 1, 314 Main Street. The Police Department Open House will take place at the Police Station, 348 Main Street. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo do hereby proclaim Saturday, May 12, 2007 as EL SEGUNDO PUBLICSAFETYSERVICE DAYand invite the community to participate in the joint Open House from moo a.m. to 2:00 p.m. i /��.> l >r �rr. / iri. �• /. �ir r/ /i rrirrr /. / /ir, /i �ir, �i /rr ��.ri.i�. 008 iw���� 1Ckp of �t fieganoo, 1[a[Hornk WHEREAS, Cancer is a group of diseases characterized by uncontrolled growth and spread of abnormal cells which, if not controlled, can result in premature death; and WHEREAS, cancer is predicted to strike one out every three Americans sometime in our lifetime with an estimated 133,000 new cases of diagnosed cancer in California in 2007; and WHEREAS, approximately 11,000 new cases of cancer are estimated to occur in the Los Angeles Region in 2007, and 13,500 citizens are expected to lose their battle with cancer this year; and WHEREAS, The American Cancer Society is the nation's largest and most respected voluntary health organization since 1913 and has funded research which has contributed to every known method for detecting cancer and techniques for treating cancer: thereby increasing the cancer survival rates from 10% to over 50 %; and WHEREAS, The American Cancer Society is a voluntary community -based coalition of local citizens dedicated to eliminating cancer as a major health problem through financial support and education awareness; and WHEREAS, the El Segundo RELAY FOR LIFE event financially benefits The American Cancer Society's research and support programs, and educationally benefits our local citizens; and WHEREAS, the El Segundo RELAY FOR LIFE is a community event that allows all participants an opportunity to network with businesses, associates, family, and friends, with the same goal of malting a difference in the battle against cancer. NOW, THEREFORE, on this 1" day of May, 2007, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim the month of May RELAY FOR I-IFE month and designate May 12, 2007 and May 13, 2007 as RELAY FOR LIFE days throughout the City of El Segundo. aye further urge all citizens to recognize and participate in this anti cancer campaign being held in our community to show support to those individuals living with cancer, and honor those individuals that have lost their lives to the dreaded disease of , el 0 9 O O 2 T > ;o ^ 11 T m n A n O T D oZi o�i a 2. y o0 n QoJi� O; £ cm m 3 c a c JA ' �•`" 3 Nm � m c J < < Q < m y ' f g < H m m N O' 01 v N O m ? o = o d Ja S 3 5 a ?> > 3 n 4 a c)gmmm C < J N •C G 3 X a ^. j co H m v a < a 0 m O nc �v < T a n v y` D O d D i obi < a n rn 3 O A S N In T 7J 0 Q C) N 9 O 3. 3 n � 3 0 c`0 J 0 n� <N D N O v of J m % 3 m c A J J 0 y d c O N D I< i0 1° C) m 0 x N c is m O D r C) Z i m k o N O--1 C > Z --I �O T r > C1j_OT q3-0 > 2 o � m m O Z N � rm•> B m c ' N J d c N m aCJaID 2. m m, I Q R Q 0 D 3 4 m cn ID A N 0 J tD N m p_ U N O W p:nm p rmp T nD mCl m�� =2 D V V C1 D D N p ti O C X X m D O O D D n T> N< Z o Z Z m< O> m m O V; m m m Omg DO,y <r�n0 �Cm-r; TT >AO y� CAD Oa➢G1n D Dr m I ©m N y y m y= CC�7 < O O Z m <ZZZZ j D mm 0~y m Z D C C T? m N N D N N N r C n T O j (m/1 N N C Z D Z Z C m m ti m ti N O D p C T z -� '� A m m m p O 0 y m m n N; a z x T a o z , p n m D m Z Z y Z r m D D C ti O Nzzc� z� ± z N -�OOmm Z mnCw xZp z0D Z m Z m O z p Z 2 Z D 00 Z o D T 2 < C Z < C m m A 1 T o> -a A D T C m m m O O ; C z m o N �I- m 0 v Flo I ��App tv0 Ov W+ ONi W P V O) N V W O A W' m b �q +{ .7 m m O T > v A O D r �i b M I� i I M m 47 41 m A a A 1 D pX n Z N OT -i m O r DN r m N0 I C { a C O z O N ��App tv0 Ov W+ ONi W P V O) N V W O A W' m b �q +{ .7 m m O T > v A O D r �i b M I� i I M m 47 41 m A a A 1 D pX n Z N OT -i m O r DN r m N0 I C { a C O z O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/6/2007 THROUGH 4/19/2007 natP Payee Amount Description 4/6/2007 Federal Reserve 150.00 Employee I Bonds 4/6/2007 Federal Reserve 50.00 Employee EE Bonds 419/2007 Nationwide Retirement 24,413.98 457 contributions 4/10/2007 West Basin 719,052.36 H2O payment 4/11/2007 Cal Pers 249,509.32 Retirement 4/12/2007 Lane Donovan Golf Ptr 21,227.37 payroll transfer 4/16/2007 Health Comp 2,755.52 Weekly claims 4/6 4/19/2007 Health Comp 1,564.75 Weekly claims 4/13 4/19/2007 Employment Development 33,863.26 State Taxes 4/19/2007 IRS 221,966.33 Federal Taxes 4/5- 4/19/07 Workers Comp Activity 25,084.72 SCRMA checks issued DATE OF RATIFICATION: 5/1/07 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Deptpy Tr surer Director '':'IT i= Service 1,299,637.61 yIZ.0 /0 z Date 4/2,0/07 Date `d e' D e 1,299,637.61 n on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 011 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 17, 2007 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present — arrived at 5:02 p.m. Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute \limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. - NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters City of El Segundo v. 2221 Park Place, LASC Case No. BC319034 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 Council recessed at 6:50 p.m. 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 1 6- 1: 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 17, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor SeHee Han, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Councilmember Jim Boulgarides PRESENTATIONS — a. Mayor Pro Tern Busch presented a Commendation recognizing the El Segundo AYSO Region 92, Boys Under 14, All Star Team for achieving Second in the State Cup. b. Mayor McDowell presented a Proclamation recognizing El Segundo Police Officer Steve Leigh as a recipient of the Distinguished Service Award at the 2007 Medal of Valor Luncheon, and proclaiming Wednesday, May 2, 2007 as Medal of Valor Day in El Segundo to show support for law enforcement and fire protection agencies and to commemorate the heroism and self - sacrifice of past and present recipients of these prestigious awards. 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. Laurie Lewis, Executive Director of the El Segundo Automobile Museum, requested to speak to the item regarding Southern California Edison and the poor service received during a recent power outage and the lack of communication from Edison. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 2 G13 MOTION by Council Member Boulgarides SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding reconsideration of funding for construction of a retaining wall along the right field foul line at the Recreation Park softball field located on the east side of Eucalyptus Street between Grand and Holly Avenues and restoration of funding to construct a retaining wall on the north side of the Teen Center at 405 east Grand Avenue. [Fiscal Impact = $200,000 ($160,000 Softball Field; $40,000 Teen Center)] Steve Finton, Public Works Director, gave a report. MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch to refer this item to the Recreation and Parks Commission for a recommendation regarding the placement of a retaining wall at the Softball field in relationship to the "Memory" trees that are located on the slope where the retaining wall is planned. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCB's ") that will expire in the year 2007 and an immediate opening on the Planning Commission. MOTION by Mayor McDowell, SECONDED by Council Member Boulgarides to direct Staff to open the recruitment process for the positions on the CCB's, as listed, immediately. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2558779 to 2559117 on Register No. 13 in the total amount of $1,655,622.09 and Wire Transfers from 3/23/07 through 4/5/07 in the total amount of $907,907.57. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved Regular City Council Meeting Minutes of April 3, 2007. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 3 U4 5. Adopted Resolution No. 4507 authorizing submittal of a Fiscal Year 2007 -2008 application to the California Department of Conservation for a grant authorized under the California Beverage Container Recycling and Litter Reduction Act. (Fiscal Impact: $5,000 in grant fund revenue). 6. Authorized the City Manager to extend Agreement No. 3619 B, in a form approved by the City Attorney, between the City of El Segundo and Gary Chicots to continue serving as Interim Director of Building and Planning for a period of 120 days. (Fiscal Impact: approximately $48,000 — offset by salary savings) 7. Approved the Fourth Amendment to the South Bay Joint Powers Agreement No. 1754 between the cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach creating the South Bay Service Delivery Area for employment and training services under the Job Training Partnership Act (JTPA) and the Family Economic Security Act (FESA). 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES MOTION by Mayor Pro Tern Busch SECONDED by Council Member Boulgarides to approve Consent Agenda Items Number 3, 4, 5, 6, and 7, MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action to accept in -kind services totaling $1,700 from Landmark Restaurant Group ( "IHOP "), donated to the El Segundo Fire Department and El Segundo Police Department in support of the Public Safety Open House to be held May 12, 2007. IHOP will be donating the street banner and providing food items. MOTION by Mayor McDowell, SECONDED by Council Member Boulgarides to accepted in -kind services totaling $1,700 from Landmark Restaurant Group ( "IHOP "), donated to the El Segundo Fire Department and El Segundo Police Department in support of the Public Safety Open House to be held May 12, 2007. [HOP will be donating the street banner and providing food items. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F. NEW BUSINESS G. REPORTS — CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE J. REPORTS — CITY TREASURER - NONE K. REPORTS — CITY COUNCIL MEMBERS MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 4 015 Council Member Fisher - 9. Consideration and possible action requesting City Council approval to use the City Seal artwork at the American Cancer Society's First Annual Relay For Life in El Segundo. MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve request for permission to use the City Seal artwork on American Cancer Society's Annual Relay for Life event - related promotional items. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Jacobson — Spoke regarding LAX and the opening of the southern run way and the policy that will be used on the runway regarding takeoffs and landings. The City will be advised of when a meeting will be held to discuss this item. 10. Consideration and possible action requesting the Southern California Edison Company to submit to the City a viable plan regarding the maintenance of the electrical power distribution infrastructure in El Segundo and an appropriate method of notifying City officials during times of power disruption. Fiscal Impact: None) MOTION BY Council Member Jacobson, SECONDED by Mayor McDowell to authorize the Mayor to formally request the Southern California Edison Company to report back to the City Council the company's plans regarding the appropriate maintenance and replacement of the electrical power distribution infrastructure in El Segundo and a plan assuring appropriate outreach and communications during times of power outages in the community. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Boulgarides — Announced the State of California Integrated Waste Management Board recycling figures for El Segundo recently published. Mayor Pro Tern Busch — Spoke regarding the recent heavy winds and the closure of Farmer's Market due to the winds. 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 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. Steve Bradford, Public Relations, Southern California Edison; addressed concerns expressed by Council and explained his company's policy. He also provided the City with a toll free phone number, 800 655 -4555, to call to report outages and check status. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 5 0 16 Council Member Jacobson requested a number that a City Official may call when a power outage is experienced in the City. MEMORIALS — Patti Kight, retired employee of the City of El Segundo City Clerk's Department, who passed away on Thursday, April 12, 2007 at the age of 65, after a valiant battle with cancer; Virginia Tech shooting victims, families and friends. Mayor McDowell noted that Tom Martin's Memorial Service would be held at 9:30 a.m. Saturday. April 21St at American Martyrs Catholic Church in Manhattan Beach. CELEBRATION — Cormac Augustine McDowell, born to Rob and Jennifer McDowell, proud Uncle, Mayor Kelly McDowell. CLOSED SESSION — NONE ADJOURNMENT — at 8:07 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE NO. 6 v1% EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for a new restaurant under construction at a new shopping center (Plaza El Segundo) located at 710 Allied Way, Suite D, EA No. 736 and AUP No. 06 -10. Applicant: La Sirena Grill & Cantina, Inc. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Determine that the City Council does not protest the issuance of a new Type 47 ABC license at 710 Allied Way and /or, 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to it for review. The ABC regulations require a 30 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments. The grounds of a protest should relate to public health, safety or welfare concerns. According to the most recent Crime and Arrest statistics report (July 2006 — December 2006, Exhibit Al) prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 318. Based on reported data prepared by the Police Department, the district had a total of 16 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, (continued on next page... ) ATTACHED SUPPORTING DOCUMENTS: 1. Crime and Arrest Statistics by Reporting Districts (RD) (Exhibit Al) 2. Police Reporting Districts Map (Exhibit B) 3. Approval Letter to Applicant dated April 16, 2007 (Exhibit C) 4. Planning Commission Staff Report dated April 12, 2007 (Exhibit D) FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _Yes x No leo, -,or 7 o18 3 STAFF REPORT: May 1, 2007 PAGE 2 BACKGROUND & DISCUSSION: (cont.) larceny -theft, motor vehicle theft, and arson) and 20 felony and misdemeanor arrests. The Police Department and the Department of Planning and Building Safety have no concerns regarding the issuance of the ABC license. The approval of the ABC license request would be for the convenience of providing alcoholic beverages which compliment food served to the applicant's customers and not a necessity. A new license is required, since the restaurant is under construction as part of a new shopping center (Plaza El Segundo) and the applicant does not currently hold a Type 47 license. On April 3, 2007, the Director of Planning and Building Safety Department approved an Administrative Use Permit application (EA No. 736 and AUP No. 06 -10) for 710 Allied Way. The Director conditioned the approval of the Administrative Use Permit to limit the restaurant hours to: 11 a.m. to 11 p.m. Sunday through Saturday. The Director's decision was forwarded to the Planning Commission on April 12, 2007. The Planning Commission chose to Receive and File the item and the conditions of approval with an amendment to the number of seats as requested by staff (113 seats instead of 104). The ABC license review is a separate application from the City's AUP process, which requires mandatory findings that are regulated by the Department of Alcohol Beverage Control. The Department of Alcohol Beverage Control (ABC) in addition to reviewing the City's AUP approval is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before the issuance of any type of license. PAPlanning & Building SafeWROJECTS\726- 750\EA- 736 \City CounciVO07 .4.10.EA- 736.ccreport.doc 019 El SEGUNDO POLICE DEPARTMENT RE�.,sRDED PERIOD: JULY - DECEMBER 2006 PART I CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD RD " PA1ZT� R1�MES :" �PELONY MiSD ARREST -TOTAL , . :pERCENTAGE»+j/ 101 13 8 21 +62% 102 5 3 8 -38% 103 4 1 5 -62% 104 15 18 33 +154% 105 9 6 15 +15% 106 10 8 18 +38% 107 18 22 40 +208% 108 11 21 32 +1460/c 109 5 7 12 -8% 110 4 2 6 -54% 111 2 1 3 -77% 112 18 13 31 +138% 113 9 12 21 +62% 114 3 1 4 -69% 115 0 0 0 0% 116 0 0 0 00/0 201 11 8 19 +46% 202 6 5 11 -15% 203 6 4 10 -23% 204 3 3 6 -54% 205 9 5 14 +8% 206 6 7 15 +15% 207 12 16 28 +115% 206 9 6 15 +15% 209 15 11 26 +100% 210 17 21 38 +192% 211 7 4 212 6 4 10+'. -23% 301 6 3 9 -31% 302 4 1 5 -62% 303 2 1 .3 -77% 304 1 1 2 -85% 305 1 1 2 -65% 306 0 0 0 0% 307 0 0 0 0% 308 20 28 48 +269% 309 9 14 23 +77% 310 1 1 2 -85% 311 4 0 4 -69% 312 3 2 5 -62% 313 1 0 1 -92% 314 2 1 3 -77% 315 4 3 7 -46% 316 0 0 0 0% 317 3 1 4 -69% 318 16 20 36 - 177% 319 32 26 58 +346% 320 2 1 3 -77% 321 0 0 0 00/0 322 3 1 4 -69% 323 0 0 0 00/0 324 0 0 0 0% TOTALS 349 322 671 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 7 Average # of Felony/ Misdemeanor Arrests per Reporting District = 6 Average # of Crimes and Arrests per Reporting District = 13 Results from 07/01 2006 through 12/31/2006 Records /eg Page 1 2/8/2007 041 N � T Ai/� N 1. low arou..w n un .... .; W H W cm In CD U r U cn N !7 !7 JN11111M O m / ^ OLZ CCWI y ■ ❑ j 1�[ � � �� •- � its � ca F r� w ® ul 17F -I 1� JE 1 E: ISmK, � I h t \ �- -- J7 BBP--=0 �! y ti J __U HERtT Elected Officials: Kelly McDowell, Mayor Eric Busch, Mayor Pro Tom Jim Bouigarldes, Council Member Carl Jacobson, Council Member Bill Fisher, Council Member Cindy Mortesen, City Clerk Ralph Lanphers, Chy Treasurer Appointed Officials: Jeffrey Stewart, Chy Manager Mark D. Hensley, Chy Attomsy Department Directors: Bill Crowe, Assistant Chy Manager Bret Plumlee, Administrative Services Kevin Smith, Fire Chief Debra Brighton, Library d Cable Services Gary Chicots, Interim, Planning and Building Safety David Cummings, Police Chief Steven Finton, Public Works Richard Brunette Recreation 6 Parks www.elsegundo.org Department of Planning and Building Safety April 16, 2007 Scott E. Cortellessa and Janet F. Cortellessa La Sirena Grill & Cantina 354 Jasmine Street Laguna Beach, CA 92651 RE: Environmental Assessment No. EA -736 and Administrative Use Permit (AUP) No. 06 -10 On -Site Sale and Consumption of Beer, Wine and Distilled Spirits in Conjunction with the Operation of a Restaurant (Type 47 State of California Alcoholic Beverage Control License) Address: 710 Allied Way, Suite D Dear Mr. and Mrs. Cortellessa: As you are aware on April 12, 2007, the Planning Commission acted to receive and file Administrative Use Permit No. 06 -10 with an amendment to Condition Number 2. At this time the Interim Director of Planning and Building Safety is reissuing the approval letter to revise Condition number 2 to allow for a maximum of 113 seats as amended by the Planning Commission. The original approval was issued April 3, 2007 in accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22, at which time the Director of Planning and Building Safety Department APPROVED Administrative Use Permit No. 06 -10 for the on -site sale and consumption of beer, wine and distilled spirits. The Interim Director has not identified a reason to oppose the issuance of a Type 47 license by the Alcoholic Beverage Control Department for a new restaurant located at 710 Allied Way, Suite D. The following are the findings and facts in support of each finding for this decision: 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 0 2 4. FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. EA -736 Finding 1 • The proposed project for permitting the sale and consumption of alcoholic beverages is consistent with uses allowed in the recently approved 425,000 square -foot shopping center on a 110 -acre site. The development was approved through Environmental Assessment No. 631,. Development Agreement No. 03 -1, General Plan Amendment Nos. 03-4 & 03 -5, Zone Change Nos. 03 -2 & 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No. 03 -7 (Vesting Tentative Tract No. 061630) with conditions. A certified Final Environmental Impact Report (EIR) was required and approved for the development of the shopping center. Facts in Support of Finding 1 The applicant proposes to provide for the sale of beer, wine and distilled spirits for on -site consumption at a new restaurant. The California Environmental Quality Act (CEQA) does not require an environmental assessment if the project consists of permitting the sale of alcohol within a previously approved shopping center currently under construction. Additionally, no expansion of the building is proposed. The subject tenant will be located within the Plaza El Segundo shopping center, which has previously been approved under an EIR. 2. The 2,959 square -foot restaurant is located at 710 Allied Way, in a commercial shopping center that is under construction. Administrative Use Permit 06 -02 Finding 1 There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 The applicant proposes to provide on -site sale and consumption of beer, wine and distilled spirits in a new restaurant. The 2,959 square -foot restaurant will be located within the Plaza El Segundo shopping center at 710 Allied Way. The restaurant will include a bar and a patio. The total number of seats proposed within the restaurant, bar and patio are 104 seats. 2 V23 2. The minimum number of required parking spaces for the restaurant and patio (based upon the proposed uses) is 39 parking stalls on -site. 3. The surrounding land uses include: commercial retail and office uses, and light and heavy industrial uses. The proposed restaurant will be compatible with the surrounding uses which will include other restaurants and a grocery store that will sell and serve alcohol. 4. The restaurant must obtain the State of California Alcohol and Beverage Control (ABC) licenses for on -site sale and consumption of alcohol (Type 47). 5. The General Plan land use designation for the site is Commercial Center. 6. The zoning for the site is Commercial Center (C-4). Restaurants are a permitted use in this Zoning District in accordance with Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer, wine and distilled spirits at a restaurant) requires an Administrative Use Permit in accordance with ESMC §15- 5G -4(A). 7. On April 12, 2007, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request. Finding 2 The proposed use is consistent and compatible with the purpose of the Zone in which the site is located. Facts in Support of Finding 2 The General Plan land use designation for the site is Commercial Center. 2. The zoning for the site is Commercial Center (C-4). Restaurants are a permitted use in this Zoning District in accordance with Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer wine and distilled spirits at a restaurant) requires an Administrative Use Permit in accordance with ESMC § 15- 5G -4(A). 3. The purpose of the Commercial Center (C-4) Zone is intended to provide for developing commercial establishments (retail and services) serving the City and surrounding area. The proposed use is consistent with this purpose of the zone in that the restaurants are an allowed use. U��-t 3 4. The proposed use is consistent with the Land Use Element in that the Commercial Center Land Use Category is intended to permit a mixture of community - serving retail, restaurants and other commercial service uses in an integrated shopping center design to serve a broad cross section of the City and surrounding area. 5. The proposed use is consistent with Land Use Element Goal LU4 in that it provides a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. 6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes the development of high quality retail facilities in proximity to major employment centers. 7. The surrounding land uses include: commercial retail, office, and light and heavy industrial uses. The proposed restaurant will be compatible with the surrounding uses. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 1. The restaurant will be located inside of a newly constructed building with parking provided on -site. 2. The surrounding land uses include commercial retail and office uses, and light and heavy industrial uses. The proposed restaurant includes a bar area as well as an outdoor patio. 3. The restaurant dining hours of operation are limited to: 11 am to 11 pm Sunday through Saturday. The bar and patio would be open the same hours as the restaurant. Findinq 4 • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and mitigated. Facts in Support of Finding 4 4 025 3. Any subsequent modification to the project as approved must be referred to the Director of Planning and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 4. Any subsequent changes to the floor plan and areas where alcohol will be served must be reviewed and approved to the satisfaction of the Director of Planning and Building Safety Department. 5. The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The applicant must obtain and maintain a Type 47 license. 6. The applicant must obtain an entertainment permit. 7. Live entertainment must be limited to the restaurant. The live entertainment provided must not exceed five persons at any given time. 8. The restaurant operations including the entertainment must comply with ESMC §§ 7 -2 -1, et seq. regulating noise and vibration. 9. The applicant must not charge a cover fee for entry. 10. The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 days of the completion of the change of ownership. A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the administrative use permit. 11. The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by the Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§ 55, et seq. 12. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant, patio and parking lot. Said contact's name and phone number must also be available through the restaurant staff at all times. 13. The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the bar and restaurant dining areas at eye level. The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non- drinking driver. 6 ('4126 14. There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior must constitute a violation of this condition. 15. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The training must be offered to new employees on not less than a quarterly basis. 16. Any and all employees hired to sell alcoholic beverages must provide evidence that they have either: a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Inglewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate; or, b. Completed an accepted equivalent by the ABC, Inglewood District Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age. If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c. The ABC - licensed proprietors must have confirmed with the Planning and Building Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 17. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing. 18. If complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurant, patio, bar and lounge areas, the city may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit. 19. The outdoor dining /seating areas must comply with ESMC § 15 -2 -16. 027 1. The sale of alcohol will not create any new impacts that would not be normally associated with the operation of a restaurant with an indoor dining area, entertainment and outdoor patio area. 2. The proposed hours of operation for alcohol sales and the location of the proposed restaurant, which is located in a predominantly commercial and industrial zone that is not adjacent to any residential uses, will help to minimize impacts on surrounding uses. 3. The restaurant dining hours of operation are limited to: 11 am to 11 pm Sunday through Saturday. The bar and patio would be open the same hours as the restaurant. No residential uses are adjacent to the subject property. In addition, ample parking is being provided on the subject site. Therefore, there will be no identifiable impacts on residential uses in the City. 4. In addition to complying with the requirements of the City of El Segundo and the State of California Department of Alcoholic Beverage Control the restaurant is subject to County Health Department regulations that address and monitor impacts of fumes and odors. Findinq 5 • The State Department of Alcoholic Beverage Control has issued or will issue a license to sell alcohol to the applicant. Facts in Support of Finding 5 1. The applicant must obtain a license from the State of California Department of Alcoholic Beverage Control (Type No. 47). DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety Department APPROVES the proposed project, subject to the following conditions: 1. The restaurant dining hours of operation are limited to: 11 am to 11 pm Sunday through Saturday. The bar and patio would be open the same hours as the restaurant. Food service must be available in the bar and patio during the dining hours. Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Building Safety. 2. The seating within the restaurant must be limited to 113 seats including 9 seats at the bar and 28 seats in the patio. 5 0 � 20. The building must not be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 21. The building and any outdoor seating must comply with California Building and Fire Code requirements, as adopted by the ESMC. 22. The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No. 736 and Administrative Use Permit No. 06 -10. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the City approval of EA -736 or AUP 06 -10, the Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. PLANNING COMMISSION This determination was received and filed by the Planning Commission at its April 12, 2007 meeting. Please be advised that this does not conclude the review process. The City Council will determine whether or not to protest the issuance of the ABC License (Type 47) at its meeting on May 1, 2007. Should you have any questions, please contact Alexis Schopp, Assistant Planner, at (310) 524 -2343. Sincerely, Gary '*hi cots nterim Director Department Planning and Building Safety PAPlanning & Building Safety \PROJECTS \726- 750\EA- 736 \2007- 04- 03.EA- 736.AUP.LTR.doc V�,J CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: April 12, 2007 SUBJECT: Environmental Assessment No. EA -736 Administrative Use Permit No. 06 -10 APPLICANT: La Sirena Grill & Cantina, Inc. PROPERTY OWNER: Rosecrans Partners 3, LLC REQUEST: A Request for an Alcohol Beverage Licenses for a New Restaurant (Type 47 Alcoholic Beverage Control License) PROPERTY INVOLVED: 710 Allied Way, Suite D I. DESCRIPTION The Planning and Building Safety Department received the above referenced application for an Administrative Use Permit to allow an alcohol license for a new restaurant currently under construction at a new commercial shopping center (Plaza El Segundo) located at 710 Allied Way, Suite D in the Commercial Center (C-4) Zone. The applicant is requesting a Type 47 license for the on -site sale and on -site consumption of beer, wine and distilled spirits in the restaurant. The restaurant will consist of an indoor dining area, a bar and outdoor patio. The following chart describes the proposed dining and seating areas as revised: PiiOPOSED ;' PROPOSED`SQUAi�E'FOOTAGE NUMBER�(3F�SEATS : RE$TAURANT' , x. Indoor Dining and 2,559 SF 76 seats Bar 28 seats Outdoor Patio 400 SF Total 2,959 SF 104 seats The Administrative Use Permit is required for the new restaurant since there is no previous business with a license at this location. Restaurants are a permitted use in this Zoning District in accordance with the Commercial Center (C-4) Zone and Section 4.1.5 of the Development Agreement by and between the City of El Segundo and Mar Ventures, Inc., developer of the Plaza El Segundo project. The proposed use (on -site sale and consumption of beer, wine and distilled spirits) requires an Administrative Use Permit (AUP) in accordance with El Segundo Municipal Code § 15- 5G -4(A). The following chart is the parking analysis for the proposed uses: The proposed indoor dining area, bar, takeout and food preparation areas is 2,559 square feet which requires 34 parking spaces. The proposed outdoor patio is approximately 400 square feet and would require 5 parking spaces. The total required parking for the proposed restaurant is 39 parking spaces. The required parking will all be located on the subject property. The restaurant and patio hours of operation are limited to 11 am to 11 pm Sunday through Saturday as requested by the applicant. The applicant is proposing to provide live music daily from 5 pm to 11 pm with additional hours from 12 pm to 4 pm on Saturday and Sunday. Live music requires administrative approval of an Entertainment Permit by the Planning and Building Safety Department that is required on an annual basis in conjunction with the annual renewal of a business license. Any change to the hours of operation is subject to review and approval by the Director of Planning and Building Safety. Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit. The attached letter specifies all of the required findings for the permit. 2 'tJ Indoor Dining 2,559 SF —1 Space/75 SF 34 Parking Spaces and Bar Outdoor Patio 400 SF — 1 Space/75 SF 5 Parking Spaces Total 2,959 SF 39 Parking Spaces Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest whole number. The proposed indoor dining area, bar, takeout and food preparation areas is 2,559 square feet which requires 34 parking spaces. The proposed outdoor patio is approximately 400 square feet and would require 5 parking spaces. The total required parking for the proposed restaurant is 39 parking spaces. The required parking will all be located on the subject property. The restaurant and patio hours of operation are limited to 11 am to 11 pm Sunday through Saturday as requested by the applicant. The applicant is proposing to provide live music daily from 5 pm to 11 pm with additional hours from 12 pm to 4 pm on Saturday and Sunday. Live music requires administrative approval of an Entertainment Permit by the Planning and Building Safety Department that is required on an annual basis in conjunction with the annual renewal of a business license. Any change to the hours of operation is subject to review and approval by the Director of Planning and Building Safety. Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit. The attached letter specifies all of the required findings for the permit. 2 'tJ 11. Inter - Departmental Comments The project applications and plans were circulated to the Police Department for review. The Police Department had no comments. III. RECOMMENDATION Receive and File. IV. EXHIBITS A. Administrative Use Permit Approval Letter, dated April 3, 2007 B. Administrative Use Permit application E. Plans Prepared-by: Ale is Schopp, Assistant Planner Kimberly Chrisw4isen, AICP, Planning Manager Department of Planning & Building Safety Gary Chicot Interim Director Department of Planning & Building Safety P:Planning & Building SafeWROJECTS\ 726 - 750t EA- 73612007.4.12.EA- 736.PC- SR.doc 3 G.) q 04 EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to waive the formal bidding process per El Segundo Municipal Code Sec. 1 -7 -10 and authorize the Fire Department to purchase high pressure air bags from Lee & Associates Rescue Equipment, Inc., on a sole source basis for the City's Urban Search and Rescue vehicle. Fiscal Impact: $25,100 RECOMMENDED COUNCIL ACTION: 1) Approve the purchase of ResQTek air bags from Lee & Associates Rescue Equipment, Inc., 2) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the bidding process based upon a sole source vendor for the specified air bags; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Fire Department is currently in the process of upgrading the City's Urban Search and Rescue (USAR) vehicle from a Type -2 "Medium" level, to a Type -1 "Heavy" level. This upgrade is intended to ensure the Fire Department's readiness and capability to address the needs of the community in the event of a disaster such as an earthquake. In the event of a significant disaster, mutual aid resources may be unavailable or delayed and the City may be reliant on its own resources for an extended period of time. The addition of these air bags will ensure that the Fire Department has the capability to lift heavy objects. To meet the standards established by the Office of Emergency Services (OES) for a USAR Type -1 response vehicle, certain criteria must be met before the State will certify the vehicle for response. Continued next page ATTACHED SUPPORTING DOCUMENTS: ResQTec Letter on Sole Source Vendor FISCAL IMPACT: Operating Budget: $123,000 Amount Requested: $25,100 Account Number: 601 - 400 - 3202 -8105 Unit 3342 Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED BY: DATE: Kevin S. Smi , REVIEWED : / e Chief Je"gW,Art, City Manager 25, 2007 DATE: L! 2 �� G 1 I J, :) J � BACKGROUND & DISCUSSION (continued): Our present cache of high pressure air bags on the USAR vehicle does not meet the guidelines established by the OES. Additionally, the bags are nearly 20 years old and one of the bags has recently ruptured which calls into question the reliability of the other bags. OES requires a Type -1 USAR vehicle to carry high pressure air bags of any combination with total lift capability of 245 tons. Staff has researched other products available and has concluded that ResQTek air bags will best serve the Department for the following reasons: • Lifting height of a low- pressure bag and the lifting force of a high pressure bag. • Integrated metal plate, which provides a larger lifting area. • Circular flat lifting area which does not lose lifting capacity in the corners. • Interlocking air bags. ResQTec is the sole manufacturer of the NT ResQ air bags. The NT ResQ air bag is the only interlocking air bag manufactured. Additionally, the exclusive dealer that covers the states of California, Oregon, and Washington is Lee & Associates Rescue Equipment, Inc. 0 311 RE5 TEC April 6, 2007 To: El Segundo Fire Dept. This letter is to certify that Res Q Tec is the sole manufacturer of the NT ResQ bags, the Rapid Stair Cribbing and ResQ hydraulics. The NT ResQ air bag is the only interlocking air bag manufactured. Additionally, the exclusive dealer that covers the states of California, Oregon and Washington is: Lee & Assoc. Rescue Equipment, Inc. Phone: 888 - 887 -3728 Fax: 831 -338 -2869 If you have any questions, you may reach me directly at (314) 439 -2896. Regards, Susan Kollar Controller 3333 Foerster Road - Bridgeton MO 63044 - T 314 439 2890 - F 314 439 2895 - E info @resqtec.com www.resqtec.com v ,3 EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt plans and specifications for the 2006 -2007 annual contract for curb, curb and gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Program. Project No. PW 07 -02. CDBG Project No. 600858 -06 - (Fiscal Impact = $253,782 — $87,782 CDBG funds, $150,000 Gas Tax funds and &16,000 TDA funds). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve plans and specifications; (2) Authorize staff to advertise the project for receipt of bids; and (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: (Background and discussion continued on the next page........} ATTACHED SUPPORTING DOCUMENTS: Location Map List of addresses FISCAL IMPACT: Capital Improvement Program: $253,782 Amount Requested: $253,782 Account Number: 106 - 400 - 8203 -8603 - $100,000 Gas Tax CIP 106 - 400 - 8203 -8604 - $ 16,000 TDA -3 CIP 111 - 400 - 2795 -8441 - $ 87,782 CDBG 001 - 400 - 4202 -6206 - $ 50,000 GasTax, Operating Budget Project Phase: Adopt plans and specifications Appropriation Required: No ORIGINATED BY- DATE: Steve Finton, Public Works Director REVIEWED DATE: Je art, City Manager L .� U 5 BACKGROUND & DISCUSSION: (continued) On an annual basis, the City contracts for the repair of displaced sidewalks, curbs and driveways citywide. This year, funds in the amount of $166,000 are available for sidewalk, curb and driveway repair from Gas Tax and Transportation Demand Act Article 3 (TDA -3). An additional $87,782 in Community Development Block Grant Funds is available for the construction of curb ramps to enhance handicapped access at corners. A list of locations to be improved under this project is attached. Plans and Specifications are available for review at the Public Works counter and City Clerk's Office. 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Project Numbers RSI 06 -03 and RSI 06 -04. (Final contracts total = $1,934,061.93). 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 two 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). No General Fund money from the City is used for the program. 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). At its meeting on June 20, 2006 the City Council awarded construction contracts to S &L Specialty Contracting, Inc. for construction related to Group 9 and to Professional Building Contractors, Inc. for construction related to Group 10. The work has now been completed to the satisfaction of staff. The final contract amount based on measured quantities is $1,934,061.93. Staff recommends acceptance of these projects. ATTACHED SUPPORTING DOCUMENTS: Lists of homes in Groups 9 and 10 FISCAL IMPACT: Amount approved by City Council: Amount Requested: Account Number: Project Phase: Appropriation Required: $2,075,610.00 $1,934,061.93 116 -400- 0000 -8960 Acceptance of the work No ORIGINATED BY: DATE: April 19, 2007 0M S. O'Neill, Program Manager REVIEWED BY: City Manager DATE: U4 .l IV List of Homes in Group 9 9.01 770 West Imperial Avenue #100 9.02 770 West Imperial Avenue #05 9.03 310 West Imperial Avenue #05 9.04 947 Virginia Street 9.05 941 Loma Vista Street 9.06 621 West Walnut Avenue 9.07 948 Cedar Street Unit A 9.08 948 Cedar Street Unit B 9.09 948 Cedar Street Unit C 9.10 1000 East Acacia Avenue 9.11 1022 East Imperial Avenue #01 9.12 1022 East Imperial Avenue #02 9.13 1022 East Imperial Avenue #03 9.14 1022 East Imperial Avenue #04 9.15 1022 East Imperial Avenue #05 9.16 1022 East Imperial Avenue #06 9.17 1026 East Imperial Avenue #01 9.18 1026 East Imperial Avenue #02 9.19 1026 East Imperial Avenue #03 9.20 1026 East Imperial Avenue #04 9.21 1026 East Imperial Avenue #05 9.22 1026 East Imperial Avenue #06 9.23 833 Sheldon Street 9.24 746 Loma Vista Street 9.25 941 Virginia Street �� 4 List of Homes in Group 10 10.01 770 West Imperial Avenue #63 10.02 905 Dune Street 10.03 738 Redwood Avenue 10.04 654 West Sycamore Avenue 10.05 646 West Sycamore Avenue 10.06 415 West Palm Avenue 10.07 617 Whiting Street 10.08 224 West Maple Avenue 10.09 201 West Maple Avenue 10.10 935 Cypress Street 10.11 324 East Acacia Avenue 10.12 925 Eucalyptus Drive 10.13 920 Eucalyptus Drive 10.14 835 Eucalyptus Drive 10.15 307 East Walnut Avenue 10.16 217 East Sycamore Avenue 10.17 808 McCarthy Court 10.18 831 Bungalow Drive 10.19 205 East Maple Avenue, Unit A 10.20 205 East Maple Avenue, Unit B 10.21 747 Virginia Street 10.22 750 Loma Vista Street 10.23 629 West Oak Avenue 04:) EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve the first amendment to contract agreement No. 3484 between the City of El Segundo and Fireworks and Stage FX America, Inc. and include the 4th of July fireworks show for 2007. (Fiscal Impact $22,000) RECOMMENDED COUNCIL ACTION: (1) Approve the proposed amendment to contract agreement No. 3484 with Fireworks & Stage FX America to provide the City's fireworks show at the City's 4th of July 2007 celebration; (2) Authorize the City Manager to execute the amendment to agreement 3484 as approved to form by the City Attorney; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City of El Segundo has contracted with Fireworks and Stage FX America for the past two years for the City's 4th of July celebration fireworks show. The Recreation and Parks Department has received positive feedback from the community regarding these shows and recommends extending via amendment (Attachment #1) the fireworks show contract with Fireworks America (Attachment #2) for 2007. The proposed amendment also provides options for two additional contract extensions in 2008 and 2009. The 2007 fireworks show budget was increased to $22,000 from $20,000 in 2006. This increase provides for over 500 more aerial shells, including an expanded grand finale, and covers additional operational costs to Fireworks America. Staff has obtained the necessary insurance requirements from Fireworks America (Attachment #3). ATTACHED SUPPORTING DOCUMENTS: Attachments: #1. Amendment to Agreement No. 3484 and Scope of Services #2. Initial Contract with Fireworks and Stage FX America, Inc. #3. Insurance certificates required of Fireworks America FISCAL IMPACT: Operating Budget: $22,000 Amount Requested: $22,000 Account Number: 703 - 200 - 5101 -5210 Project Phase: - -- Appropriation Required: _Yes X No ORIGINATED: DATE: y� ?I�Ol /ichard Brunett e, Director of Recreation and Parks 7///DATE: � �� G� /. . Jeff g*oft, City Manager 046 VA BACKGROUND & DISCUSSION: (continue from previous page...) Bill Elias, longtime pyrotechnic operator used in El Segundo firework shows for over 15 years will be employed by Fireworks and Stage FX America to fire the shells. Due to regulations pertaining to firework shows and time constraints involved in preparing for a 9 p.m. show start time, a change to this years show includes allowing for hand firing shells manually instead of firing them electrically. This firing method has been approved by the City of El Segundo's Fire Marshall. Hand firing also increases the successful firing rate of shells and decreases the number of dud shells that occur when firing them electrically. 047 ATTACHMENT # I Agreement #3484A FIRST AMENDMENT, TO AGREEMENT NO. 3484 BETWEEN THE CITY OF EL SEGUNDO AND FIREWORKS & STAGE FX AMERICA, INC. THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this day of 2007, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and FIREWORKS & STAGE FX AMERICA, INC. a California Corporation ( "CONTRACTOR "). Pursuant to Section 24 of Agreement No. 3484 ( "Agreement "), CONTRACTOR agrees to perform the additional services in attached Exhibit "A," which is incorporated by reference. Compensation for these services are listed in attached Exhibit "A," which is incorporated by reference. OPTIONS. Subject to the pricing adjustment set forth below. CITY and CONTRACTOR agree that CONTRACTOR will perform the same Services as set forth in this Agreement for -July 4, 2008 and July 4, 2009. The terms and conditions set forth in this Agreement will apply to performances on this date except that CONTRACTOR may increase the cost of its services by not more than ten percent (10 %) for each subsequent performance, unless otherwise agreed by the parties through written amendment to this Agreement. CITY may exercise these options with written notification to CONTRACTOR at least ninety (90) days before July 1 of each year. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3484 remain the same. [SIGNATURES ON NEXT PAGE] C�t�B Agreement #3484A IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO FIREWORKS & STAGE FX AMERICA, INC. Jeff Stewart, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney Joseph R. Bartolotta, President Taxpayer ID No. City of Ei Seguj7do Exhibit A Show Concept, Services List, and Miscellaneous Details dcm List: FhMff_orks Annrlcs to Proylde: Clt of Ef Soawnafo to Pray/de, 1) Permit Filings as Required 2) Storage and Delivery of fireworks 3) All Equipment to produce the display 4) Insurance Aggregate amount of 55,000,000 Million 5) Worker's Compensation Insuranoe (S) 6) Permit & Firefighter Fees as needed 1) A Suitable Firing Site 2) Adequate Security for Firing Slte 3) Sand & Send Removal, if raga Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Workers Compensation Insurance. 50% Deposit on Contract Execution, Balance Net 10 Days of The display will be hand fired Manually r IJ \J U City of EJ Segundo American Pride .July 4, 2007 Aerial Titanium Flash Salutes 3" 20 Color and NWtti -Color Finale Shells r 20 Aerial Titanium Flash Salutes 3" 10 Color and Multi-Color Aerial Shells 3" 1'10 4" 80 Flitter, Glitter. Electric Color and Color Changft Shells 3" 6o 4" TO Distinctive and Unique Aerial Shells r ti0 r 50 Streal inn Comets 3 Tiger Tells 3" 30 Premium Aerial Shells 3" 20 4" 14 Multiple Shot Bombardments 26 shot 4 49 Shot 4 400 shot 4 300 shot - 2 Color and Multi -Color FFinale.Shells 26" Zoo 3- 200 4" 36 Aerial Flash Salutes 3" 100 Aerial Shells 2.6` 200 r s3C 4" 2150 Total Aerial Shells 1080 Total Bombardment Shells 1298 Total Program Prig Inclusive of Insurance, Operator and Transportation Cost .s22,OOO L/ L ATTACHMENT # 2 3484 Agreement No CONTRACT FOR SERVICES IWTWEEN THE CITY OF EL SEGUNDO AND FIREWORKS & STAGE FX AMERICA, INC. This AGREEMENT is entered into this __&t__ day of. jv -V, 2005, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and FIREWORKS & STAGE FX AMERICA, INC. dba FIREWORKS AMERICA, a California Corporation (Corp. No. C 1870512; "CONTRACTOR "). 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR as set forth in attached Exhibit "A," which is incorporated by reference. 2. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONTRACTOR for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONTRACTOR services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit `B," which is incorporated by reference. B. CONTRACTOR must comply with all applicable federal, state, and local regulations for staging and storing fire works; C. At least two (2) weeks before July 4, 2005, CONTRACTOR must meet with CITY's Fire Marshal to review staging and firing layouts; D. CITY may require CONTRACTOR to alter staging or firing layouts to comply with FAA and Los Angeles Air Force Base requirements. 4. LICENSE. Beginning July 3, 2005, CITY grants CONTRACTOR a license to enter and use the baseball field located at 400 Eucalyptus Drive, El Segundo, CA for the purposes set forth in this Agreement. This license will terminate on July 5, 2005. CONTRACTOR may secure the Page 1 of 11 staging area to prevent public entry for the duration of this license. This license will be renewed upon the same terms for Services performed in 2006 and 2007. 5. TERM. The term of this Agreement is from April 1, 2005 through July 5. 2007. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit `B "; B. Termination as stated in Section 12. 6. OPTIONS Subject to the pricing adjustment set forth below, CITY and CONTRACTOR agree that CONTRACTOR will perform the same Services as set forth in this Agreement for July 4. 2006 and July 4, 2007. The terms and conditions set forth in this Agreement will apply to performances on this date except that CONTRACTOR may increase the cost of its services by not more than ten percent (10 %) for each subsequent performance, unless otherwise agreed by the parties through written amendment to this Agreement. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until it furnishes proof of insurance as required by this Agreement. Should CONTRACTOR begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 9. PERMITS AND LICENSES. A. CONTRACTOR, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. B. CONTRACTOR has a 1 Pyrotechnic Operator License, number 1141 Da _ that expires on s k 10. PROJECT COORDINATION AND SUPERVISION. A. Bill Elias will be assigned as Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY's Project Manager. B. Judy Andoe will be assigned as CITY's Project Managers and will be personally in charge of and personally supervise the execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with CONTRACTOR's Project Manager. i J, Page 2 of 11 3484 . 11. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by PYRO under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONTRACTOR's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 12. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause, orally or in writing. CONTRACTOR may terminate this Agreement upon thirty (30) days written notice to CITY. B. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 13. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from CONTRACTOR's performance of this Agreement. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. A. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. C. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 16, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 14. ASSIGNABILITY. This Agreement is for CONTRACTOR's unique services. CONTRACTOR's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. Page 3 of 11 3484. 15. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR is free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that PYRO will follow the direction of the CITY as to end results of the work only. 16. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined single) $ 5,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR must furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at Page 4 of 11 3484. CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 17. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address. as follows: CITY Judy Andoe City of El Segundo 350 Main Street El Segundo, CA 90245 Fax: (310) 647 -4223 CONTRACTOR Fireworks America PO Box 488 Lakeside, CA 92040 Fax: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 18. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR's bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability. 19. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 20. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. Page 5 of 11 3484. 23. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 25. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 26. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 27. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 29. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private parties and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, general law city. tr in,66 Manager FIREWORKS & STAGE FX AMERICA, INC. a California Corporation. Page 6ofII 3484. ATTEST: Secretary Cindy Mort n, City Clerk APPROVED AS TO FORM: MARK D. HENSLE CITY ATTORNE By. Karl H. Berger, Assistant City Attorney Page 7 of 11 3484 . City of E/ Segundo EXHIBIT B SCOPE OF SERVICE Liberty For All July 4, 2005 Announcement Barrage Aerial Grand Finale Program A Program A Aerial Titanium Flash Salutes Color and Multi -Color Finale Shells 3" 10 2.5" 100 3" 100 Color and Multi -Color Finale Shells 4" 24 2.5" 10 Aerial Show Presen Aerial Titanium Flash Salutes 3" 10 Color and Multi -Color Aerial Shells 3" 80 4" 40 Flitter, Glitter, Electric Color and Color Changing Shells 3" 60 4" 30 Distinctive and Unique Aerial Shells 3" 30 4" 20 Streaking Comets & Tiger Tails 3" 30 Premium Aerial Shells 3" 10 4" 10 Assorted Colorful Mines 3" 0 Aerial Flash Salutes 3" 60 Bore Exhibition Candles 24 Assorted Exhibition Candles Grand Totals Aerial Shells 2.5" 110 3" 390 4" 124 Total Aerial Shells 624 Plus Exhibition Candles Program Price Page 8 of 11 Total Program Price Inclusive of Insurance, Operator and Transportation Cost $15,000 3484. City of E/ Segundo Show Concept, Services List, and Miscellaneous Details Services List: Fireworks America to Provide: City of El Segundo to Provide: 1) Permit Filings as Required 2) Storage and Delivery of fireworks 3) All Equipment to produce the display 4) Insurance Aggregate amount of $2,000,000 (Sample attached) 5) Worker's Compensation Insurance (Statute) 6) Permit and Fire Fees as needed Operators and Assistants: 1) A Suitable Firing Site 2) Adequate Security for Firing Site 3) Sand & Sand Removal, if req'd Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance. Pavment Terms: 50% Deposit on Contract Execution, Balance Net 10 Days Method of Di. The show will be fired electrically. Each fireworks event will have its own ignitor for precise timing. Fireworks America will provide the firing panel, cable, distribution system and power for the show. Page 9 of 11 Agreement No.3 4 8 4 SCOPE OF SERVICES CONTRACTOR agrees to furnish CITY a fireworks display as follows: 2. Method of Discharge: The show will be fired electrically. Each fireworks event will have its own igniter for precise timing. CONTRACTOR to provide the firing panel, cable, distribution system and power for the show. 3. Program will be performed on July 4, 2005 at El Segundo Recreation Park, El Segundo, California. The display is to be all electrically fired, without music, and run a minimum of thirty (30) minutes in length without "breaks" (no more than three (3) second intervals per fireworks). 4. CITY, at its own expense, agrees to provide CONTRACTOR with: A. A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonable acceptable to CONTRACTOR in which the fireworks and firework debris may be exhibited, rise and fall safely; B. Adequate policing , guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by CONTRACTOR into the DISPLAY SITE; C. The services and cost of standby firefighters and/or any applicable permit fees as required by state and local statutes, ordinances or regulations; D. Access by CONTRACTOR, at all reasonable times, to the DISPLAY SITE to set up the display. If CITY does not comply with requirements A, B, C and/or D, CONTRACTOR need not perform the Agreement and CITY agrees to pay CONTRACTOR the entire contract price. E. If, in its sole discretion, CITY, designates an area for members of the public to view the display ( "Spectator Area ") and/or an area for parking vehicles ( "Parking Area "), the CITY will ensure that the Spectator Area does not infringe on the Display Area; be solely responsible for ensuring that the terrain of the Spectator Area and any structures thereon, including, without limitation, grandstands and bleachers, are safe for use by spectators; be solely responsible for ensuring that the Parking Area is safe for use; be solely responsible for policing, monitoring and controlling spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. F. It is expressly agreed that CONTRACTOR (including its operators and helpers) will not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: that any Spectator or Parking Areas are 61 Page 10 of 11 `3 4 8 4 . outside the Display Area; and after completion of the Display, that the Display Area is cleared of any live firework debris originating from the program. G. CITY agrees to assume the risk of weather, or other causes beyond CONTRACTOR's control, which may prevent that display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CITY has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. H. It is within CONTRACTOR's reasonable discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond CONTRACTOR's control, including, without limitation, inclement weather, CONTRACTOR is unable to safely discharge the display on the scheduled date or should any event for which CITY has purchased the display be cancelled, the parties will attempt to negotiate a new display date, which must be within sixty (60) days of the original display date. I. CONTRACTOR reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of CONTRACTOR is prohibited. CITY recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of non - performance is acceptable as full performance. Page 11 of 11 b'' ATTACHMENT # 3 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE � DATE�OO7IYVYV) PRODUCER Phonc 990 -245 -9712. Fa>:: :40 -248-5906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION >✓rittor.- Gallagher am Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 SOM Center Rd, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Cleveland OH 493.9 � INSURERS AFFORDING COVERAGE NAIC It uuSUaeD (NSURERA hex .nrr:= InSUrance CQ _ _ Fireworks a Stage F /X America, Inc. UJSURERe:]Tew 'Ha.=shire Ins r .e Co. 3Fa7 P. O. Box 4 B c IrrsuRER c: Av s Sur i 4 s Company 12650 Highway 67S Ste FA Lakeside CA 92040 RISUAMD: INSURER E: ;OVERAGES THE POLICIES OT INSTIVOXE LISTED BELW HAVE BIEN ISSUED TO TYE; INSURED W24RD ABOVE FOR THE POLICY PERIOD INDICATED. N07'drITHSTM:)1l;6 ;1T_' RBOVIRDENT, TERM OR CMIDYTI0N OF PXY COI- rP -kC' OR OTHER DOCUMENT LAITY. RESPECT TO WHIC73 TNZS CEi?iIFICk'TE Mt.'1 BE ISSUED OR M:LLY PERTAIN, TM I27SUR.WCE :AFFORDED BY THE POLICIES DESCRIBED RM- EIN IS SUBJECT TO ALL THE TERMS, 7=CLUSION9 AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS ZHOWN RhY HAVE BEEN REDJCED BY PAID CLAIMS. 11ISH LTR tjS D'L TIVI: I POLICVNUNBER Cy jlAeMlnQ P OLIC�'ERPIAATIONI LDATT$ 2i GENERALUABILIT' 6990162 ',/11/2D07 - jl/1 is-'_000,000 'C COMfAERC)ALOENEAAL UA91L1TY ! '- UAMALSL T Ij Htr4T I PREMISES (ESzcurn nco' a 50 Ono CLAIMS MADE R7 OCCUR I MED EXP (An nna arwn) S PERSONAL L ADV INJUAV 1 F. O O C L'ENERAL AGGREGATE - t 2, 0 0 0, 0 O CENIAOOAEGATEUMITAPPPU- E^SPER; PRODUG`TS- rOMP/OPAOO i 5? n OC 57 PRO I POLICI' LOC $ AIRDMOBILELIASIUTY CA62656566 1/_1/2007 1/11/2008 COM&NEDSINOLELIW - 3E ANY AUTO (Ee ax)ant) -1, 000, 0 0 0 BODILY IpLUAr (PtrPereon) S I AL.LOWNGDALITOS SCHEDULEOA'UTOS I BODILYIrLIURY (P�racalticm) I > •y HIRfDAUTOS G NON -OWNED AUTO: PROPERTYDAMAGE S IP41CtlMnS) I+ GARAGELIABIUTY I AUTO ONLY- EAA=DENT L OTHERTHAN FAACC S I AN1'AUTO J 3 AUTO ONLY' AGG EXCES3NMBRELLA LABILITY EACH OCCURAENCE S OCCUR 7 CWMSWADE AGGREGATE S E S DEDUCTIBLE Z RCTENTION T WORKER - COMPENSATION AND - 0T. WC STATU H EMPLOYED✓' UABILITY N E.L EACH ACGDET 3 ANY PROPRIETORroAATNER(E%EGIJTNE E.L DISEASE- EA EMPLOYEF 9 OFFICEWMEM9ER EXCLUDED? 1) va -. calthiv wXMr I SPECIALPROVISIONS bait. E,LDISEASE - POLICY LIMIT S C oT "ER EAU720120 1/11/2007 1/11/200 ^0 'e, 000, 000 Each Occurrence Excess Liab. 54,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLESI EXC W SIO14S ADDED BY ENOORSEMIENT / EPECIAL PROVISIONS bow Date: 7/4/2007 Show Time:9:00pm Show Location: City Baseb,9:1 Field -.ddition.al SnsureP: City o_° E1 Segundo Parks and Recreation DraDartment, its offirr =, agents and employees when D.Ctinq in their official Capacity as such, CFRTIFICATFH01 MFR rAMnFl I ATInM AcoHU 7S (2DO1108) 131ACORD CORPORATION 1988 6`� .l SHOT -D %W." OF THE ABOVE DrSCP.IBED POLIC=S BE C- ',NCELLRO City of E1 Segundo Parks & Recreation Department BZP'ORE THE L•XPZFATION DATE THEREOF, TH2 ISrSAING INSUPXF.. VaLL Di+B- 3+luGA -Ta MtIL 30 DAYS WRITTEN NOTICE TO THE CFrTItICk"_T HOLDER NAMED TO THE LEFT. E':m- rh= �z- Tc� -s�`0 401 Sheldon Street- I?46� -r El Segundo CA 90245 -3813 rr rnrc nn n� ^r�ipu�s. AUTHORIZED REPRESENTATIVE h AcoHU 7S (2DO1108) 131ACORD CORPORATION 1988 6`� .l ACORD. CERTIFICATE OF LIABILITY INSURANCE �ti°1z 2007"" PRODUCER Phone: 440 -268 -4711 VQx. 440 -240 -5406 THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION Britton - Gallagher and Associates, Inc. I ONLY AN13 CONFERS NO RIGHTS 'UPON THE CERTIFICATE 6240 SOM Center R$. HOLDER. THIS CERTIFICATE IDOES NOT AMEND F -XTEND OR Cleveland en er R ALTER THE COVERAGE AFFORDED BY THE PODCIES BELOW. INSURERS AFFORDING COVERAGE MAIC# INSURED INGURERA:Lexin r Fireworks & Stage E/% America, Inc. IN:URERe . shire insurance 1 P. C. Box 488 INSAML nt Com 12650 Highway 67S Ste FA Lak"ide CA 92040 INSVRERD! '*TG)vj; TTCT5e THE POLICIES OF Il9SURANC2 LISTED BELOW IQVE B1rX IS-'= TO THE I?TBURSD NAMED ABM POP. THE POLICY PEA101D INDICATED. .1OT91THSTWINO ANY ArODIRSMBNT, TERM OR CONDITION O➢ ANY CONTRACT OR OTnr, DoCOkem wITH Rb:9PE7T TO NHrcz THIs CrPTIPTCATE MAY BB ISSUM OR MAY PERTAIN, TIM INSUAP.N'CE APPOAMED RY TREE POLICIBB DRSCRIBElD HERRIN Is S==CT TO ALL THR TYRM-L, ZXCLU9I0MB AND COATDITIORS OF =Oi POLICIES, AWROLIM LTHTTS aSaW MAY F12LVE BBBH RSDUODD BY PAID CLAYNC. 6H D POUCVNUMBER PDUErEFFECnv5 POU yG TON Llmrn: A DeNaRal LWILIrT 6490162 1/11/2007 1/11/2008 EACMOCCURPWDE iyi.nno.onn v o = 3-90,001) G0k1MERCIALe!NERALLIA1IUTY CLAM; MADE © OCCUR mebw(A"W"Mmaml I FER8OtULAA0V1AUURY S? OENERALAOOREGATE S GaILAOOREAATEUMITAPPUBDPER: PRODUCTS- 004PICAADS s.2 D Q POUCY FV7 P Lot; B 40AIDDLLEUABUTY ANYAUTO CA62656866 1j11 /ZOD7 1 /11 %20DA COMBI ID61I 0LtUMIr (EA�wnl) S 1; ODD, ODD SODILYIRJURY (PerP+lettU L ALLCA4IJEDAUTOS OCHEDULED AUTQ AODILY 1N.AJRY M) NIREDAUf o9 NON•DWNGDAUTQ; PROPERTYDAMAOE (Pxaa••idsnQ 3 G4RAGEUABILIri ALITOONLY- EAAM05W E OTHER TryAN EA ACC AUTOONLY: Am Is 1 AIJYAUTO C E=EaMM8MiAL491LITY OCCUR CLd1AftAlADE EAV720120 1/11/2007 1/11/2008 EACH OCCURRENCE c AOOREOATE S $ S DEOUCT)BL6 6 RET&Mow S WORRIR8 OOAWE11eATIOM AND WCB A W 91r e►IP1.OVeaaLlAalllTV OMNPk0Ok1E GRMAAC NEEAXKMUnV9 -UYcs. da� ( SPECIAL dROul&ONS Ealav F.t.eADnACL1DENT 6 El. DISEASE- EAEUPLO1•a S EL. DISEASE- PDLIE:VIJUIT S OT)GR DLyJCRIPTI DN DF DPERATIONG! LOOAT10N9IyO11C[Fe l FXC W 010 NB ADDOD aY INDORSEMCHT ISPUTALPROVISIOAS ly a, 2007 -Additional Inauradi City of E1 Segundo Parke and Recreation Deprrhment, its officere, aganta and mployooa when acting in their official capaciLtY as s4C'h. t,V%1)1'1:A1tM L.UrK CANCELLATION ST=11 AWY OF Vial WIVE DESCRIBED POL7CISB ISE CVTCELLBD City of El Segundo BEfl0 jr BXPI3LhTIIIN DATE THBREOP, T11E i38UIND I.V3Up --R 9 TILL KAIL 30 DAYS VAITUN 9X,I= TO 7HE CSRtIF.C;LT2 7CLORR Parka & Recreation Depzrtment A?.HED TO THE LEFT. 401 Sheldon Stzeat E1 Bngundc CA 902-45 -3013 .AUTHONZED REPRFBEUTATNL ACORD 25 (2001108) 'A OACORD CORPORATION 988B f 6.1 POLICYHOLDER COPY 5D STATE RO. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPeNsATioN INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-14-2006 GROUP. POLICY NUMBER: OJ10701 2- -,001' i CERTIF(CO Vi TOi B4 CERTIFICATE EXPIRES; 06-01 -2007 06- 01-2008/09 -01 -2007 CITY OF EL SEGUNDO SO Aol SHELDON sT EL SEGUN00 CA 90245 -4013 This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period Indicated. Thi, policy is not subject to cancellation by the Fund except upon30 days advance written notice to the ornployar. we will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policy listed hareln. Notwithstandinp any requirement, term or condition a' any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. i HORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 21,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01 -1996 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FIREWORKS & STAGE FX AMERICA INC. (A CORP) PO BOX 42B LAKESIDE CA 92040 Mal.2-0S) ICCG.SCI PRINTED : 06- 14-2006 POLICY NUMBER: 6990162 COMMERCIALGENPRAL LIABILITY TATS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART. SCHEDULE Narne of Person or organization: Cicy of El Segundo, its offi.ci,als, employees, agents, and volunteers. Of no entry appsam above, information required to complete this endorsement uric be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to Include as an insured the person or organization Shown in the Schedule as an insured but only with respect to liability arising out of your operaftns.or premises owned. by or rented to you. CG 24 2611 86 Copyright, Insurance Services Dffce, Inc., 1984 Page i of 1 O G