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2007 MAY 01 - CC PACKET REVJ
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AGENDA
EL SEGUNDO CITY COUNCIL
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COUNCIL CHAMBERS - 350 Main Street
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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
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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:
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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.
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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
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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
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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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EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
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 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
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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
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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.
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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
