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2009 JUL 21 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
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, JULY 21, 2009 — 6:00 P.M.
Next Resolution # 4605
Next Ordinance # 1431
6:00 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.
001
SPECIAL ORDER OF BUSINESS:
1. Appointment of Real Property Negotiators for City —Owned Property (2161
El Segundo Boulevard).
Recommendation: (1) Appoint Jack Wayt, City Manager, and Bill Crowe, as Real
Property Negotiators regarding the potential sale or lease of City -owned property
(2161 El Segundo Boulevard) to PFK Enterprises, Inc. for use as a point of sale
for petroleum products, including on -site sale of petroleum products; (2)
Alternatively, take other action related to this item.
CLOSED SESSION:
The City Council may move 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) -0- matter
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- matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 1-
matter
Property: 2161 El Segundo Blvd., El Segundo
Agency Negotiator: Jack Wayt (City Manager), Bill Crowe, (Assistant City Manager)
Negotiating Party: PFK Enterprises, Inc.
Under Negotiation: Proposal to lease or purchase City -owned property
SPECIAL MATTERS: - 0- matter
2 00
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. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
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, JULY 21, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor SeHee Han, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
Next Resolution # 4605
Next Ordinance # 1431
Uv
PRESENTATIONS
a. Presentation from the Muscular Dystrophy Association to the El Segundo Fire
Department for their participation in the "Fill the Boot" event
b. Proclamation announcing July as Relay for Life month
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 (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
1. Consideration and possible action to receive and file the Annual Report of
the Capital Improvement Program Advisory Committee ( CIPAC). Oral
presentation will be made by CIPAC Chairman Crista Binder. (Fiscal
impact: None)
Recommendation — (1) Receive and file the Annual Report of CIPAC; (2)
Receive the oral presentation; (3) Alternatively, discuss and take other action
related to this item.
4 0 0`4
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 nem(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 2572230 to 2572558 on Register No. 18 in the total
amount of $1,634,577.59 and Wire Transfers from 06/05/2009 through
06/25/2009 in the total amount of $2,351,018.74 and Warrant Numbers
2572559 to 2572790 on Register No. 19 in the total amount of $846,056.60
and Wire Transfers from 06125/2009 through 07/09/2009 in the total amount
of $1,067,702.81.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Be checks released early
due to contracts or agreement; g enY disbursement and/or adjustments;
and wire transfers.
3. Regular City Council Meeting Minutes of June 16, 2009 and Special City
Council Meeting Minutes of Jul 8, 2009.
Recommendation — Approval.
4. Consideration and possible action authorizing the City Manager to issue a
letter of concurrence to the South Bay Regional Public Communication
Authority to modify a radio frequency co- licensed with one assigned to the
City. Fiscal Impact: None.
Recommendation — (1) Authorize the City Manager to issue a letter of
concurrence to the South Bay Regional Public Communication Authority to
modify a radio frequency co- licensed with one assigned to the City; (2)
Alternatively, discuss and take other action related to this item.
5. Consideration and possible action regarding the upgrade of the Millennium
hardware and software system supplied by Innovative Interfaces, Inc., for
the operational functions of cataloging, circulation of materials, and public
access to the El Segundo City Library's online catalog. (Fiscal Impact:
$29,443
Recommendation — (1) Approve an upgrade to the hardware and software
system of existing Agreement #2235 with Innovative Interfaces, Inc. in a form
approved by the City Attorney. The amount of the upgrade is over $25,000.; (2)
Alternatively, discuss and take other action related to these items.
�U
5
6. Consideration and possible action to award a standard Public Works
Contract to the lowest responsible bidder, Vido Samarzich, Inc., for the
replacement of a water main on Lairport Street. Project No. PW 09 -04
Fiscal Impact: $192,870
Recommendation — (1) Authorize the City Manager to execute a standard Public
Works Contract in a form as approved by the City Attorney with Vido Samarzich,
Inc., in the amount of $192,870; (2) Alternatively, discuss and take other action
related to this item.
7. Consideration and possible action regarding the award of a Standard
Public Works Contract to Belaire -West Landscape, Inc. for the installation
of an irrigation system and et decompod ranite path at between Pagm and Maple AvenuesWashington
ocated on Washington Street Project
No. PW 09 -06 Fiscal Impact: $49,000
Recommendation — (1) Authorize the City Manager to execute a Standard Public
Works Contract in a form approved by the City Attorney with Belaire -West
Landscape, Inc. in the amount of $49,000; (2) Alternatively, discuss and take
other action related to this item.
8. Consideration and possible action regarding the award of a Standard
Public Works Contract pole banners on Sepulveda Boulevard. r'PProject No.
PW 09 -05 Fiscal Impact: $48,290
Recommendation — (1) Authorize the City Manager to execute a Standard Public
Works Contract in a form approved by the City Attorney with Vido Samarzich,
Inc. in the amount of $48,290; (3) Alternatively, discuss and take other action
related to this item.
9. Consideration and possible action regarding adoption of plans and
specifications for the 2008 -2009 annual contract for curb, gutter, handicap
ramps, sidewalk and other minor improvements at various locations
citywide. Approved Capital Improvement Program. Project No.: PW 09 -08,
CDBG Project No. 601209 -09 (Fiscal Impact: $260,000 - $150,000 CDBG
funds, $110,000 Gas Tax funds
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to
advertise the project for receipt of construction bids; (3) Alternatively, discuss and
take other action related to this item.
006
-1
G
10. Consideration and possible action regarding adoption of plans and
specifications for the slurry s ��i imperial Avenues and Sepulveda Bouleva dy
Sheldon Street, Mariposa and p
Project No • PW 09 -10 (Fiscal Impact: $225,000
Recommendation — (1) Adopt plans and specifications, (2) Authorize staff to
advertise the project for receipt of construction bids; (3) Alternatively, discuss and
take other action related to this item.
11. Consideration and possible action regarding a new Alcoholic Beverage
Control (ABC) license for on -site sale and off -site consumption of alcohol
(Type 21 - Off -Sale General) at an existing market located at 601 Virginia
Street (Village Wine and Cigar Shop), EA No. 832 and AUP No. 09 -02.
Applicant: Abdo Diab Barakat (Fiscal Impact: NIA
Recommendation — (1) Receive and file this report without objecting to a new
Type 21 ABC license at 601 Virginia Street; (2) Alternatively, discuss and take
other possible action related to this item.
12. Consideration and possible action regarding a new Alcoholic Beverage
Control (ABC) license for on -site sale and on -site consumption of alcohol
(Type 41 — On -Sale Beer and 03StApplecant raGeo George Andrews
Main Street, EA No. 835 and AUP No. 09
Fiscal Impact: NIA
Recommendation — (1) Receive and file this report without objecting to a new
Type 41 ABC license at 321 Main Street; (2) Alternatively, discuss and take other
possible action related to this item.
13. Consideration and possible action to negotiate pricing with The Jones
Payne Group for Design and Testing Services related to the Residential
Sound Insulation (RSI) Program (Fiscal impact: None
Recommendation — (1) Authorize staff to negotiate pricing with The Jones Payne
Group for Design and Testing Services; (2) Alternatively discuss and take other
action related to this item.
C"0 "r'
7
14. Consideration and possible action to adopt Ordinance No. 1430 approving
Development Agreement No. 09 -01 (Third Amendment to Development
Agreement No. 03 -01 with Rosecrans - Sepulveda Partners 2, LLC and PES
Partners, LLC for EA 631) for the Plaza El Segundo project located at 710-
850 South Sepulveda Boulevard, 700 -740 Allied Way, and 2005 -2015 East
Park Place. Such action would allow the following uses: 1) Fast food
restaurants south of the current locations of the Union Pacific Railroad or
the Burlington Northern Santa Fe Railroad lines (southwest portion of the
site); 2) banks and similar institutions up to a total of 10,000 square feet of
floor area; 3) day spas up to a total of 10,000 square feet of floor area; 4)
health clubs and fitness centers up to a total of 10,000 square feet of floor
area; 5) indoor sale of motorcycles, motor scooters and the sale of related
parts and accessories only as an ancillary use; and 6) dance and music
instruction studios up to 6,000 square feet of floor area. (Fiscal Impact:
None
Recommendation — (1) Waive second reading and adopt Ordinance No. 1430 for
Development Agreement No. 09 -01; (2) Alternatively, discuss and take other
possible action related to this item.
15. Consideration and possible action regarding authorizing the City Manager
to purchase two new alternative fuel (hybrid) vehicles at a cost not to
exceed $63,000 for use by the Planning and Building Safety Department.
(Fiscal Impact: $63,000 Air Pollution Reduction Fund
Recommendation — (1) Authorize the City Manager to approve the purchase of
two alternative fuel (hybrid) vehicles for use by the Planning and Building Safety
Department; (2) Alternatively, discuss and take other action related to this item.
16. Consideration and possible action to amend the City Manager's contract
for purposes of increasing his salary and benefits. (Potential fiscal impact
approximately $30,000 plus a potential additional $12,000 depending on
whether the City Manager participates in the City's Deferred Compensation
Plan.)
Recommendation — (1) Approve Amendment No. 1 to the City Manager's
Contract; (2) Alternatively, discuss and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
0108
F. NEW BUSINESS
17. Consideration and possible action regarding 1) Introduction of an
Ordinance and Adoption of a Resolution of Intention to approve an
Amendment to the contract between the Board of Administration of the
California Public Employees' Retirement System (CaIPERS) and the El
Segundo City Council providing Section 20903 (Two Years Additional
Service Credit) for the City's Local Miscellaneous (Non - Safety) Members,
with the exception of Department Directors, Assistant City Manager and
City Manager and 2) Approval of a $5,000 payment to eligible employees
entering into a Date - Certain Retirement Separation Agreement with the
City. (Fiscal Impact: 1) Estimated increase in the City's PERS
miscellaneous employer rate of 0.327% and an annual cost increase in FY
2011 -2012 of $50,235; 2) Salary savings based on the number of employees
retiring during the designated retirement period, less the $5,000 payment
for entering into a Date Certain Retirement Separation Agreement.
Recommendation — (1) Introduce and waive the First Reading of the Ordinance,
(2) Adopt the Resolution of Intention; (3) Approve a $5,000 payment to eligible
employees entering into a Date - Certain Retirement Separation Agreement with
the City; (4) Authorize the City Manager to execute the Retirement Separation
Agreement, in a form approved by the City Attorney; (5) Alternatively, discuss
and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann —
Council Member Fisher —
9
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Council Member Jacobson —
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 se q.) for the purposes of conferring with the City's Real Property
discussing matters covered with the
Code Section §54957 (Personnel); litigation; andlor with
discuss g
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: J �.I-� ' °0c(
TIME: OD p
NAME: M
10 �,`�
PRESENTATIONS
a. Presentation from the Muscular Dystrophy Association to the El Segundo
Fire Department for their participation in the "Fill the Boot" event
L11
' Clitp of (el oeguttbo, cariforttia
roclamatton
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 140,815 new cases of diagnosed cancer in California in 2009, the
equivalent to 16 new case every hour of every day; and
WHEREAS, approximately 54,460 people will die of cancer in California in 2009- about 150
people each day; 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 63 %; 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 making a difference in the battle against cancer.
NOW, THEREFORE, on this 21 st day of July, 2009, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby proclaim the month of July RELAY FOR LIFE month. We
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 cancer.
. /l!r'jr =L • /� /�e J / /lr ��Trrlel. lC� . /�rr� ( ( /tr /rri(.!- /�l %lr �t <. -irrl �c���..1r /c
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C12
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21,2009
AGENDA STATEMENTAGENDA HEADING: Reports of Committees, Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action to receive and file the Annual Report of the Capital
Improvement Program Advisory Committee ( CIPAC). Oral presentation will be made by
CIPAC Chairman Crista Binder (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file the Annual Report of CIPAC; (2) Receive the oral presentation; and
(3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
CIPAC Recommendations for FY 2009 -2010 (Annual Report)
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N /A]
ORIGINATED BY: Dan Garcia, Assistant City Engineer `�' '
REVIEWED BY: Dana Greenwood, Publft rks Director ,"W
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
CIPAC is a 5- member committee appointed by City Council to evaluate and recommend projects
to be funded under the City's FY 2009/10 Capital Improvement Program. Over the last three
months, CIPAC reviewed 16 proposed projects totaling $4,389,000, solicited input and
completed project evaluations. The attached annual report presents the final recommendations of
the Committee to fully or partially fund all 14 projects based on the assumption that roughly
$2,679,000 will be available from various funding sources. Partial funding for several projects
has been recommended due to limited funding availability and /or multi - phased projects that can
be funded over several years.
1
Li3
CAPITAL IMPROVEMENT PROGRAM
ADVISORY COMMITTEE
RECOMMENDATIONS FOR
FISCAL YEAR 2009 -2010
U14
CAPITAL IMPROVEMENT PROGRAM
ADVISORY COMMITTEE
RECOMMENDATIONS FOR
FISCAL YEAR 2009 -2010
CAPITAL IMPROVEMENT PROGRAM
ADVISORY COMMITTEE
Chairman: Crista Binder
Vice - Chairman: Chris Powell
Committee Member: A.J. Paz
Committee Member: David Atkinson
Committee Member: Scott Houston
CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE
RECOMMENDATIONS FOR FISCAL YEAR 2009 -2010
Table of Contents
Capital Improvement Project Recommendations for FY 2009 -2010
APPENDIX I - Summary List of Projects
1. By Ranking
2. By Funding
APPENDIX 11- Project Detail Sheets
010
H
DATE: July 21, 2009
Capital Improvement Program
Advisory Committee
Chairman: Crista Binder
Vice - Chairman: Chris Powell
Committee Members: A.J. Paz
David Atkinson
Scott Houston
TO: Honorable Mayor and City Council Members
FROM: The Capital Improvement Program Advisory Committee (CIPAC)
SUBJECT: Capital Improvement Project Recommendations for FY 2009 -2010
The City of El Segundo is a charming, 5.46 square mile beach community with a
dynamic mix of residential and business districts. With a daytime population exceeding
70,000 and a nighttime residential population of approximately 17,000, the City is
committed to maintaining the vital infrastructure needed to support this world -class
community.
In order to maintain and grow economic development in our region as well as to
continue to provide outstanding public services, it is critical that we continue to invest in
our streets, sewers, street lighting, and emergency services. Such investment also
directly benefits the quality of life of our residents through beautiful parks, youth and
senior community activities, downtown revitalization and high property values. In order
to continue providing exceptional services, it is projected that nearly $87 million will be
needed over the next decade to adequately maintain current facilities, provide new
infrastructure where needed, implement new technologies for the health and welfare of
our citizens, and prepare for a major disaster. Annually, these goals will be achieved
through administration of the capital projects identified /recommended by staff and the
Capital Improvement Program Advisory Committee (CIPAC) and approved by City
Council.
v1�
CIPAC Annual Report
For FY 2009 -2010 CIP
2009/10 CIPAC
Sixteen (16) projects, worth a total of $4,389,000, were submitted to CIPAC for funding
consideration and evaluation for the upcoming 2009/10 fiscal year. However, it is
estimated that only $2,679,000 will be available from various funding sources for these
programs, representing about 61 % of the total amount requested. For this reason,
CIPAC had to evaluate each project individually using well - developed criteria that was
re- adopted this season and considered a myriad of complex issues to determine which
projects should be recommended for funding. CIPAC ultimately discussed, scored and
made funding recommendations for fourteen (14) of the sixteen (16) projects introduced
this year. These 14 scored projects are being recommended for partial, full or no
funding in FY 2009 -2010. CIPAC recommends that four (4) projects be fully funded, six
(6) projects receive partial funding, two (2) projects receive no funding and two (2)
street projects be funded for more than requested due to the availability of dedicated
funds for that purpose.
FUNDING SOURCES
Funding levels for the FY 2009 -2010 Capital Improvement Program (CIP) include funds
derived from the General Fund, Water Fund, Sewer Fund Proposition 16, Proposition
C, Gas Tax, Community Development Block Grant (CDBG), Surface Transportation
Program — Local (STPL), Transportation Development Act Article 3 (TDA — 3),
Proposition 42 and Measure R. Combined, they are expected to total $2,679,000. This
is less than the $3,227,000 total funding level of last year's FY2008 -2009 CIPAC
season. Less money from the General, Water and Sewer Funds were budgeted this
year and more "street" money was identified. There are scheduled increases for both
the Water and Sewer Fund allotments on October 1, 2009, but they were not factored
into this year's allocation. A breakdown of the estimated funding available for the
FY2008 -2009 CIP is as follows:
General Fund
$500,000
Water Fund
$500,000
Sewer Fund
$500,000
Proposition 1 B
$200,000
Proposition C
$220,000
Gas Tax
$50,000
CDBG
$65,000
STPL
$400,000
TDA -3
$9,000
Proposition 42
$150,000
Measure R
$85,000
Total
$2,679,000
General Fund
The availability of General Fund dollars is pertinent to a majority of projects
submitted. By spreading this resource over 4 of the 14 projects, CIPAC believes
that the recommended projects truly represent the most significant community,
2
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CIPAC Annual Report
For FY 2009 -2010 CIP
residential, business and municipal capital improvement needs of El Segundo.
Water and Sewer Fund
Water and Sewer rates are scheduled to increase again on October 1, 2009.
The rate increases are consistent with the 2004 recommendations of the Water
and Wastewater Rate Study Task Force as verified through a Proposition 218
protest ballot process conducted in December 2006. Five (5) of the fourteen (14)
projects is recommended to use these enterprise funds for implementation.
Proposition 1 B
This November 2006 act makes safety improvements and repairs to state
highways, upgrades freeways to reduce congestion, repairs local streets and
roads, upgrades highways along major transportation corridors, improves
seismic safety of local bridges, expands public transit, helps complete the state's
network of car pool lanes, reduces air pollution, and improves anti - terrorism
security at shipping ports by providing for a bond issue not to exceed nineteen
billion nine hundred twenty -five million dollars ($19,925,000,000 for the state).
This fund is distributed to the jurisdictions of the state based on population with a
minimum of $400,000 going to each city. This allotment of funds is being
directed to El Segundo's local street improvements this CIPAC season.
Proposition C
Proposition C Funds can be spent only on transit related improvements for
roadways carrying fixed transit routes. The November 6, 1990 Los Angeles
County Transportation Commission measure increased the sales tax in the
county by one half cents to fund transit and buses. 20% of the fund is being
returned to local jurisdictions for eligible transit, para- transit and related services.
These funds (Prop C Local Return) are distributed on a per capita basis to each
jurisdiction. This fund is being directed to El Segundo's arterial street
improvements this CIPAC season.
Gas Tax
The gas tax has traditionally been used for residential street maintenance in El
Segundo. This tax is collected at the pump when you buy a gallon of gas.
Currently in California, we pay 63.9 cents per gallon on gasoline and 72 cents
per gallon on diesel. Those rates include federal excise taxes. Gas tax revenues
have traditionally paid for capacity expansions, maintenance and rehabilitation
on highways and roads. This allotment of funds is being directed to El Segundo's
local street improvements this CIPAC season.
Community Development Block Grant (CDBG)
This program provides annual grants on a formula basis to entitled cities and
counties to develop viable urban communities by providing decent housing and a
suitable living environment, and by expanding economic opportunities, principally
for low- and moderate - income persons. In El Segundo, we have been using
these funds for curb ramps and handicap accessibility which is allowed under
this legislation. This allotment of funds is being directed to El Segundo's curb
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CIPAC Annual Report
For FY 2009 -2010 CIP
and sidewalk replacement projects citywide this CIPAC season.
Surface Transportation Program Local (STPL)
The Surface Transportation Program -Local (STPL) provides flexible funding that
may be used by states or local jurisdiction for any federal -aid highway, bridge,
public road or other transit capital, or intracity or intercity bus terminals and
facilities. MTA allocates federal STP -L funds to local jurisdictions annually based
on a population formula. Eligible uses for STP -L funds are construction,
reconstruction, rehabilitation, resurfacing, restoration, and operational
improvements for highways (including interstate and bridges), capital costs for
transit projects eligible for assistance under the Federal Transit Act and publicly
owned intracity or intercity bus terminals and facilities, carpool projects, fringe
and corridor parking facilities, bicycle and pedestrian walkways, highway and
transit safety improvement and programs. This fund is being directed to El
Segundo's arterial street improvements this CIPAC season.
Transportation Development Act (TDA -3)
Transportation Development Act Article 3 funds are used by cities within Los
Angeles County for the planning and construction of bicycle and pedestrian
facilities. This allotment of funds is being directed to El Segundo's curb and
sidewalk replacement projects citywide this CIPAC season.
Proposition 42
Proposition 42 permanently dedicates revenues from the state's share of the
sales tax on gasoline to transportation projects. 20% of this money can be spent
on local city street repairs. This allotment of funds is being directed to El
Segundo's local street improvements this CIPAC season.
Measure R
IN November 2008, Measure R passed by a two thirds vote and will be
implemented beginning July 1, 2009. It is an additional half cent sales tax
increase. A portion of this money can be spent for community traffic relief. This
allotment of funds is being directed to El Segundo's local street improvements
this CIPAC season.
Actual CIP funding levels will depend on final budget allocations adopted by the City
Council for FY 2009 -2010.
PROJECT EVALUATIONS and SCORING CRITERIA
CIPAC met on six (6) occasions in 2009 to discuss and evaluate projects. Included this
year is the revision of the scoring criteria. Regular meetings were held on April 14, April
28, June 9, June 23 and July 8. Additionally, a Public Workshop was conducted on
May 12, 2008. Staff from four City Departments (Fire, Public Works, Information
Services and Recreation and Parks) presented 11 projects for consideration and
evaluation, while one was introduced by a member of the public during the Public
Workshop. That project was presented at the June 9th Regular Meeting but was not
4 v�..�
CIPAC Annual Report
For FY 2009 -2010 CIP
scored. There was also a presentation made by representatives from Northrop
Grumman during the review of three projects on June 23rd. The Chamber of Commerce
presented one project on June 23rd as well but it was not scored.
Given the total $4,389,000 in project requests and the anticipated amount of
$2,679,000 available, it was clear that not all projects could be funded this year. Thus,
projects were evaluated and scored based on new criteria that were developed in this
CIPAC session. The scoring criteria was discussed throughout the CIPAC session and
was adopted at the June 23rd Regular Meeting. All projects evaluated previous to this
meeting were evaluated at this meeting using the new adopted criteria. The new
adopted criterion is as follows:
➢ Health and Safety (0 -10 points): Degree to which the improvement would mitigate
harm to the community (catastrophic, personal injury, property).
➢ System Condition (0 -5 points): Degree to which improvement maintains the useful
life of the system (sidewalks, streets, sewer, water, storm drain, and
communications).
➢ Return on Investment (0 -5 points): Degree to which improvement results in
savings, efficiencies or mitigates significant future costs.
➢ Joint Agreement/Legal Requirement (0 -5 points): Degree to which the City is
required to implement the project by law.
➢ Coordination Opportunity (0 -5 points): Degree to which improvement can be
completed with another project to generate savings or efficiencies in the use of time,
labor and materials.
➢ Community Interest (Range): This score is used when the project is given special
consideration based upon substantial community interest where the other project
categories do not apply. The project will include a community impact statement to
justify the project score. This score was not implemented on any project in FY
2009/2010.
10 -YEAR PLAN PURPOSE
The extent of current infrastructure needs indicated in the CIPAC 2007/2008 10 -year
plan and the escalating cost of sewage treatment is cause for the City to consider non-
traditional methods in an effort to reduce costs. Additionally, and perhaps most
importantly, environmental impacts of the City's infrastructure should be considered as
we make decisions regarding our future infrastructure and municipal operations. As the
City's infrastructure ages, operational costs will increase as efforts are diverted to
repairing system failures. Significant additional capital investment in our infrastructure
is needed to maintain the system in serviceable condition and to avoid system
breakdown. It is in the public's best interest that we do this.
5 vri
CIPAC Annual Report
For FY 2009 -2010 CIP
The FY 2007/2008 CIPAC Committee recommended and the City Council adopted a
10 -Year Infrastructure and Maintenance Program. This guide was useful in
benchmarking the infrastructure needs of El Segundo and was used as an initial
framework for the FY 2008/2009 CIPAC selection process. It was somewhat referred to
in FY 2009/2010. Noting that approximately $87 million is needed over the next ten
years just to maintain existing infrastructure, long term financial planning is critical if we
are to meet that objective. Methods such as bond issues, user fees, direct borrowing,
pay as you go, etc. can be considered.
Management of our infrastructure can be improved by setting policies and incorporating
private sector and non - profit organizations. An example of a Public- Private partnership
experienced this season was the proposed 118th and 120th Street Improvement Project,
Hornet Way Slurry-Seal Project and the Douglas Street at Maple Avenue Crosswalk
Projects where Northrop- Grumman, BNSF Railways, the Metropolitan Transportation
Authority and the County of Los Angeles are now working together with the City towards
improving the badly needed street repairs.
The 10 -Year Plan is a first step in managing El Segundo's infrastructure needs. Even if
funds are not available currently to meet the demands of our aging infrastructure, the
10 -Year Plan can indicate quantitatively how much we should be spending annually to
keep up with replacement and maintenance of our streets, sewers, storm drains,
signals, water, and building facilities.
PUBLIC INPUT
In an effort to solicit public input, CIPAC conducted a Public Workshop on May 12,
2009 in the City Council Chambers. During the Workshop, CIPAC presented a
summary of the project submittals, a brief explanation of the scoring process, on -going
projects previously submitted in FY 2008 -09 that are now being executed, and then
evaluated a project to demonstrate the evaluation process. Four persons attended the
workshop and one person requested that CIPAC consider one additional project for
funding this season, and that was to provide a shade structure above the benches for
the mothers next to the new upper playground next to the George E. Gordon
Clubhouse. The project was ultimately reviewed at the June 9th Regular Meeting but
was not scored. Alternate recommendations by Park staff were considered and the
discussion would continue outside of the CIPAC forum.
As mentioned above, representatives of Northrop Grumman Corporation provided
community input for the 118th and 120th Street Rehabilitation Project, Hornet Way
Resurfacing Project and the Douglas Street at Maple Avenue Crosswalk Project at the
June 23 Regular CIPAC Meeting. These projects represent a partnership between
Northrop Grumman, BNSF Railway, Los Angeles County and the City to improve street
infrastructure to better accommodate public safety and eliminate pedestrian hazards.
Funding is recommended for all three projects to move them forward.
The Chamber of Commerce recommended a Civic Plaza Enhancement Study at the
June 23, 2009 Regular Meeting. This project has a history in El Segundo from past
6 02 2.
CIPAC Annual Report
For FY 2009 -2010 CIP
efforts and the discussion eventually revealed that more grassroots efforts should be
accomplished before bringing the issue back to CIPAC.
The Fire Department and the Information Technology Division jointly recommended two
projects and CIPAC recommends not funding one of those projects and partially
funding the other. Recreation and Parks introduced one project. The project was to
replace the trees and fix the sidewalks on Richmond Street. CIPAC recommends full
funding of this project.
PROJECT RECOMMENDATIONS
CIPAC recommends the following:
2
3.
M
5
C-4
7
3.1 MG Reservoir Seismic Retrofit
Recommended
This project is necessary to strengthen the walls and replace
for partial
the roof of the existing facility in order to better prepare the City
funding. $500k
for a significant seismic event.
from Water &
$134k from GF
Fire Station No. 2 Fiber Installation
Recommended
This project installs a 4" conduit from Grand Avenue to El
for partial
Segundo Blvd. and includes pull boxes and sweeps.
funding. $40k
Fire Station No. 2 Information Technology Upgrades
Recommended
In coordination with the new Fire Station No. 2 on Mariposa
for no funding.
Avenue, these upgrades were a separate consideration in the
Other sources
implementation of this new facility and were requested in
are available for
conjunction with this construction to take advantage of the cost
funding this
savings in implementing this coordination effort.
project.
Pump Station No. 5 Upgrades
Recommended
This project installs a "Dri- Prime" backup pump system that
for partial
would be activated if the primary pump system should fail. This
funding.
effort is in conjunction with the guidelines of the new California
Waste Discharge Requirements (WDR) enacted in 2006.
Sewer Video Taping
Recommended
This project performs a video inspection and condition
for full funding.
assessment of 25 miles of the City's sewer lines.
Pump Station No. 13 Upgrades
Recommended
This project installs a "Dri- Prime" backup pump system that
for partial
would be activated if the primary pump system should fail. This
funding.
effort is in conjunction with the guidelines of the new California
Waste Discharge Requirements (WDR) enacted in 2006.
118th and 120'" Street Improvements
Recommended
This project will repair degraded pavement and improve street
for partial
lighting focused on 120th Street west of Aviation Blvd. Partially
funding.
funding this project provides match dollars to Northrop -
Grumman's contribution and allows the design to proceed.
7 023
8. Arterial Streets Rehabilitation Program
This project is targeting Lairport Street (Mariposa to Maple) and
Grand Avenue (Sepulveda to Nash). Since the Proposition C
funds and STPL can only be used for these type streets, all of
these available funds are being recommended for use on this
project this CIPAC season. An additional $70,000 was available
from these dedicated funds over the requested amount.
9. Local Streets Rehabilitation Program
This project is targeting deteriorated local streets citywide.
Since the Proposition 1 B, Gas Tax, Proposition 42 and
Measure R funds can only be used for these type streets, all of
these available funds are being recommended for use on this
project this CIPAC season. An additional $11,000 was available
from these dedicated funds over the requested amount.
10. Curb and Sidewalk Replacement Citywide
This project will replace sidewalks and curbs damaged by tree
roots at various locations throughout the city. There was a
shortfall in the dedicated funds so $46,000 of the general fund
allotment is recommended to be used.
11. Richmond Street Trees and Sidewalk Replacement
This project will replace sidewalks and curbs damaged by tree
roots on Richmond Street.
12. Douglas Street at Maple Avenue Crosswalk Upgrade
This project will allow pedestrians to cross directly from
Northrop Grumman to the commercial facilities on the west side
of Douglas Street.
13. Hornet Way Slurry Seal
This project will slurry seal Hornet Way. Northrop Grumman will
contribute for striping.
14. Elevated Reservoir Painting
This project will provide for recoating and maintenance of the
City's elevated reservoir to extend its useful life. CIPAC
recommends not funding this project this year. This project can
be deferred one more year without any significant impact to the
elevated reservoir.
CONCLUSION
CIPAC Annual Report
For FY 2009 -2010 CIP
Recommended
for more than
full funding to
use dedicated
available
Proposition C
and STPL
money.
Recommended
for more than
full funding to
use dedicated
available
Proposition 1 B,
Gas Tax,
Proposition 42
and Measure R
money.
Recommended
for full funding
using general
fund, CDBG and
TDA -3 funds.
Recommended
for full funding.
Recommended
for partial
funding.
Recommended
for full funding.
Recommended
for no funding.
CIPAC has completed its evaluation of capital improvement projects and respectfully
submits its list of recommended for projects to be included in the FY 2009 -2010 Capital
Improvement Program (CIP).
It is recommended that City Council adopt the FY 2009 -2010 CIP including the projects
X24
CIPAC Annual Report
For FY 2009 -2010 CIP
identified in this report to be funded with General Fund, Proposition 1 B, Gas Tax,
Proposition C, CDBG, STPL, TDA -3, Proposition 42, Measure R and Sewer and Water
enterprise funds. It is further recommended that projects using General Funds be
included in the CIP as funding permits according to the priorities established in this
report.
The following tables provide CIPAC's recommendations for FY 2009 -2010.
9
i�25
CIPAC Annual Report
For FY 2009 -2010 CIP
APPENDIX I
Project Summary Sheets
1. By Rank
2. By Fund
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APPENDIX II
Project Detail Sheets
CIPAC Annual Report
For FY 2009 -2010 CIP
iI
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 200912010
Water 3.1 MG Reservoir Seismic Retrofit includinq Roof
DEPARTMENT Public Works — Water Division
Replacement of roof sheathing and strengthen
concrete wall retrofit of the 3.1 MG circular reservoir
($450k).
JUSTIFICATION
The 3.1 Million Gallon (MG) Circular reservoir seismic
vulnerability evaluation identified a project to replace
existing roof sheathing, strengthening walls of the
reservoir with reinforced concrete and adding steel
shear transfer frames. The cost for the design and
construction is estimated at $1,600,000. CIPAC
approved $100,000 toward the funding of the roof
replacement project in fiscal year 2008 -09. This
request is for design, preparation of the engineering
plans and specifications and $250,000 toward the
construction cost. The balance necessary to implement
the project will be requested for consideration next
fiscal year once the design is completed and a more
accurate construction cost is established.
LU7
CIPAC COMMENTS
CIPAC recommends this project for partial funding. This project will replace the roof sheathing and strengthen the
concrete wall on this facility. The project was initiated based on the November 2008 Tetra Tech Seismic Evaluation.
The $100,000 funded for the roof replacement in FY 08/09 is being combined with this project. The $634,000
recommended amount will contribute towards the design of the project and the remainder will go towards the
construction.
COST ALLOCATED
TO DATE
i0,000W $100,000W
Old Criteria
New Criteria
Adopted Crit.
KPENSES I FY FY
TO 2009/10 2010/11
9/30/09
Score M
0
Score PC
5
Score HS
10
FUNDING SOURCES
G. General /Capitallmprovement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
SS. Sewer Fund
All costs shown in current dollars
FY FY FY
2011/12 2012/13 2013/14
$450,000 W 10
0
0 0
CO HS FS PR
0
PI
PFE CN TOT
5 2 0
0
2 3 12
HS PM AL CO
5
GO
EE TOT
5 0 0
SC RI JL CO
0
CI
0 15
5 1 0 0
16
COST -
BREAKDOWN
DESCRIPTION
ESTIMATED COST
1. DESIGN
$200,000
2. CONSTRUCTION
$1,080,000
3. MANAGEMENT /INSPECTION
4. CONTINGENCIES
$320,000
5. OTHER (LIST) Soils Engineer Rep.
Survey
TOTAL
$1,600,000.00 W
CIPAC FORM 2009 — 2010
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 200912010
REQUESTING DEP
FS #2 to FS #2 Fiber Conduit
Information
Installation of 4" fiber conduit from Grand Avenue to El
Segundo Blvd along Nash St. or Continental Blvd, including
pull boxes. This will allow interconnection from the existing
fiber conduit in Grand Avenue to the new Fire Station #2 by
use of the conduit Equinix will allow us to use. For
connection to Equinix conduit, Equinix requires that we use
their vendor.
JUSTIFICATION
To allow very high speed data connections between the new Fire Station #2 and City Hall.
GENERAL PLAN REFERENCE
LU4, LU7
CIPAC COMMENTS
CIPAC recommends this project for partial funding. This project will install 4 inch fiber conduit from Grand Avenue to El
Segundo Blvd. This new fiber link will allow faster data transmittal and will improve efficiency. There are still sufficient
funds in this account from ast CIPAC's to accomplish these fiber efforts.
ESTIMATED FUNDS EXPENSES FY FY FY FY FY
TO DATE 9/30/09
COST ALLOCATED TO 2009/10 2010/11 2011/12 2012/13 2013/14
300,000 $140,000
New Criteria Mod.
Adopted Criteria
FUNDING SOURCES
Score
SC
HS
ROI
AL
CO
GO
TOT
3
3
3
0
5
0
14
HS
SC
RI
JL
CO
CI
Score
3
3
3
0
5
14
G. General /Capital Improvement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
COST - BREAKDOWN
DESCRIPTION ESTIMATED COST
1. DESIGN
2. CONSTRUCTION 132,071
3. MANAGEMENT /INSPECTION
4. CONTINGENCIES 7,929
5. OTHER (LIST) Soils Engineer Rep.
Survey
TOTAL $140,000
All costs shown in current dollars
CIPAC FORM 2009 — 2010
2 �'j3
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
TITLE Fire Station #2 Network Equipment
ING DEPARTMENT Fire
Provide the networking equipment necessary to connect
data, telephone, video, alarm, video, access control and
other services to other City network facilities. This is the
core equipment that will allow easy expansion to VolP
phone systems and very high speed data access.
JUSTIFICATION
Necessary to support fully support the new fire station.
GENERAL PLAN REFERENCE
LU4, LU7
CIPAC COMMENTS
1.
CIPAC recommends not to fund this project but to use funds from other sources.
equipment necessary
This project will provide networking
to connect data, telephone, video, alarm, access control and
facilities. It is being coordinated with the current
other services to other City network
new construction project.
2.
3.
4.
5.
ESTIMATED
FUNDS
EXPENSES
FY FY
$115,000
FY
COST
ALLOCATED
TO DATE
TO
9/30/09
2009/10
2010/11
2011/12
y
2012/13
FY
2013/14
$115,000
0
0
$115,000
New Criteria Mod.
Score
SC
HS
ROI
AL
CO
GO
TOT
Adopted Criteria
P
5
5
1
0
5
0
16
HS
SC
RI
JL
CO
CI
TOT
Score
3
3
1
0
5
FUNDING SOURCES
G. General /Capital Improvement
Fund
1.
COST - BREAKDOWN
DESCRIPTION
DESIGN
12
ESTIMATED COST
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
2.
3.
4.
5.
CONSTRUCTION
MANAGEMENT /INSPECTION
CONTINGENCIES
OTHER (LIST) Soils Engineer Rep.
Survey
TOTAL
113,000
2,000
$115,000
All costs shown in current dollars
Cl PAC FORM 2009 — 2010
3
v�It
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
OJECT TITLE
DEP
Pump Station No. 5 Upgrade — Emergency Backup Pum
Public Works
Upgrade Pump Station No. 5 by installing a "Dri-
Prime" type backup pump system.
►epartment — Wastewater Division
CIPAC COMMENTS
CIPAC recommends this project for partial funding. This project will upgrade Pump Station No. 5 by installing a "Dri-
Prime" backup pumping system that will be activated in the event of a failure of the primary pumps.
ESTIMATED FUNDS EXPENSE
COST ALLOCATED S TO
TO DATE 9/30/09
$110,000 0 0
New Criteria
Fs core 3 PC
3
Adopted Criteria
FUNDING SOURCES
Score HS
5
G. General /Capital Improvement Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
SS. Sewer Fund
All costs shown in current dollars
FY
2009/10
$110,000
FY
FY
FY
10/11
L
;2;011/12]
2012/13
2013/14
23
0
0
HS
5
SC
3 I
PM
5
RI
1
AL
5
J
3 1
CO
0
CO
0
GO EE
0 5
CI
TOT
23
TOT
12
COST - BREAKDOWN
DESCRIPTION ESTIMATED
1. DESIGN 10,000
2. CONSTRUCTION 100,000
3. MANAGEMENT /INSPECTION
4. CONTINGENCIES
5. OTHER (LIST)
TOTAL 1 110,000 SS
CIPAC FORM 2009— 2010
4
TIT
DESCRIPTION
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
•C I CCTV Video Ins
DEPARTMENT Public Works De
Perform a video inspection and condition
assessment of 25 miles of sewer lines in the City.
JUSTIFICATION
The City's wastewater system consists of
approximately 50 miles of pipe and 1,050 manholes.
The majority of these pipes are constructed of
vitrified clay and range in size from 6 -inch to 24 -inch
in diameter. The system was constructed over the
years based on the development needs of the City
and approximately 60% of the lines are now over 50
years old.
The City last performed a video inspection of all L
sewers west of Sepulveda Boulevard in 2000. The
results were incorporated into the city's 2002 Sewer Master Plan and have been used to prioritize repairs. However, due
to the amount of time that has elapsed since our last inspection a new assessment has become necessary. This project
will inspect and assess the condition of half of the City's sewer lines including lift station force mains.
of Sewer Lines
— Wastewater Division
GENERAL PLAN REFERENCE
LU7
CIPAC COMMENTS
CIPAC recommends this project for full funding. This project will perform a video inspection and condition assessment of
the 25 miles of City sewer lines.
e 11IMATED FUNDS
EXPENSES
FY
COST ALLOCATED
TO
2009/1(
TO DATE
9/30/09
$300,000 SS 0
0
$300,000 ;
New Criteria
Score PC HS
Adopted Criteria
0
3
Score HS
Sc
3
3
FUNDING SOURCES
Cl
G. General /Capital Improvement Fund
DESi
W. Water Fund
1.
DESIGN & I
GT. Gasoline Tax Fund
2.
CONSTRUC
D. Developer Contributions
:RIPTION
C. C.D.B.G.
3.
MANAGEME
A. Asset Forfeiture Fund
4.
CONTINGEf�
GR. Grant/Other Agencies
5.
OTHER (LIS-
IR. Infrastructure Replacement
NT /INSPECTION
SS. Sewer Fund
CIES
Alf costs shown in current dollars
15,000
5
V��
FY
2010/11
FY
2011/12
FY
2012/13
FY
2013/14
;S
0
0
0
0
PM
5
AL CO GO
5 0 3
EE
5
TOT
21
RI
3
JL CO
3 0
Cl
TOT
12
COST
- BREAKDOWN
:RIPTION
ESTIMATED COST
'CANS
5,000
NON
270,000
NT /INSPECTION
10,000
CIES
15,000
TOTAL
io 300,OOOSS
CIPAC FORM 2009— 2010
5
V��
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 200912010
TITLE Pump Station No 13 Upgrade Emergency Backup Pumping S
ING DEPARTMENT Public Works Department — Wastewater Division
DESCRIPTION
Upgrade Pump Station No. 13 by installing a "Dri-
Prime" type backup pump system.
JUSTIFICATION
Pump Station 13 was last upgraded in 2002 and
uses a standby generator for emergency power.
However, the standby generator only provides for
protection in the event of a loss of power by Edison.
Any other station failures, such as the loss of a pump
or control panel, requires that the station be manually
bypassed with emergency pumps. Due to the
location of this station next to the intersection of
Sepulveda and Grand, bypassing is a difficult and
time consuming process requiring the closure of
several traffic lanes. In an effort to minimize station
downtimes in an emergency, Cities and other
agencies have now begun replacing their traditional
backup generators with "Dri- Prime" type backup pumping systems. The advantages are a fully automatic and fully
independent system which provides protection for any type of pump station failure with the exception of the force main.
Because the system operates independently of the station, the station itself can also be shut down for long periods of
maintenance and repair. In addition, these units are packaged in critically silenced enclosures for operation in residential
areas. Finally these new systems are less complicated and less expensive than comparable diesel generators and
automatic transfer switches.
m
GENERAL PLAN REFERENCE
LU7
CIPAC COMMENTS
CIPAC recommends partially funding this project. This project will upgrade Pump Station No. 13 by installing a "Dri-
Prime" backu um in s stem that will be activated in the event of a failure of the primary um s.
ESTIMATED FUNDS EXPENSE FY FY FY
COST ALLOCATED S TO 2009/10 2010/11 2011/12 2012/13 2013/14
TO DATE 9/30/09
$110,000 0
New Criteria
Score
Adopted Criteria I Score
FUNDING SOURCES
0 1 $110,000 10 0 0
PC
HS
PM
AL
1
5
5
5
HS
SC
RI
JL
5
3 1
1
1 3
G. General /Capital Improvement Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
SS. Sewer Fund
All costs shown in current dollars
iy©
13
TOT
21
TAO
12
COST - BREAKDOWN
DESCRIPTION ESTIMATED COST
1. DESIGN 10,000
2.
CONSTRUCTION 100,000
J. MANAGEMENT /INSPECTION
4. CONTINGENCIES
5. OTHER (LIST)
TOTAL 1110,000 SS
CIPAC FORM 2009— 2010
6 J��
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
LE 118 & 120 Street Improvements
REQUESTING DEPARTMENT Public Works
This is a continuation of a multi- agency project to improve
two major railroad crossings and public streets in order to
increase vehicular and pedestrian safety at 118'h Street
and 120th Street. The remaining project includes 1) BNSF
track (concrete panels) replacement, 2) street lighting by
LA County, 3) street grinding and overlay; 4) sidewalks,
and 5) BNSF Cross -Arm relocation. In 2008 the 118`' St
crossing was partially upgraded with new surfaces, lighting,
and a stop sign (sidewalks have not been completed)...
JUSTIFICATION
118 Street and 120th Street (and the embedded BNSF rail crossings) are used by an employee population of
approximately 4,500. Many of them have early morning start times (before dawn). The poor lighting, uneven surfaces,
and lack of a physical separation between pedestrians and vehicular traffic create a safety risk. During inclement
weather the water pounding and decreased visibility add a higher level of risk. The railway crossings compound the
safety issues. The crossings have not been maintained for more then 30 years.
The remaining effort is expected to cost $350,000.00 in FY 09 /10.1Re-used concrete panels are not readily available
this year to reduce our costs. In addition there are 3 tracks on 120 Street instead of two that were replaced on 118tH
Street. A railroad crossing arm will need to be relocated per PUC standards as well.
GENERAL PLAN REFERENCE
LU4, LU7
CIPAC COMMENTS
CIPAC recommends this project for partial FY 2009/2010 funding to allow for design and to match the contribution from
Northrop- Grumman. After coordination with BNSF, further appropriations can be considered for construction once this
amount is known.
ESTIMATED FUNDS EXPENSES FY
COST ALLOCATED TO 2009/10
TO DATE 9/30/09
$350,000 0 $50,000 $350,000
Adopted Criteria FScore TS SC RI
3 3 1
FUNDING SOURCES
G. General /Capital Improvement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
FY FY FY
2010/11 2011/12 2012/13
)0,000
JL CO CI
0 5
DESCRIPTION
1. DESIGN
COST - BREAKDOWN
ESTIMATED
FY
2013/14
TOT
12
2. CONSTRUCTION $350,000 (Street Lights exclude
3. MANAGEMENT /INSPECTION
4. CONTINGENCIES
5. OTHER (LIST) Soils Engineer Rep.
Survev
TOTAL 1 $350,000
All costs shown in current dollars
CIPAC FORM 2009 — 2010
%/
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 200912010
PROJECT TITLE Arterial Streets Rehabilitation Program
REQUESTING DEPARTMENT Public Works
street rehabilitation
SF
1 Lairport St. (Mariposa Ave. to Maple Ave.) !84,520
2 Grand Ave. (Sepulveda Blvd. to Nash St.) 68,000
The Arterial Streets Rehabilitation Program will rehabilitate
arterial and collector streets citywide. On a biennial basis,
Public Works inspects and rates pavements on arterials and
collectors. A Pavement Condition Index (PCI, 0 -100, 100
being best) is assigned to each street based on pavement
condition. Agencies typically attempt to keep their average
PCI above 65, which is considered a minimum standard. The
City's current average PCI rating is 56 which is "fair to good ".
The goal of the program is to increase the condition of streets
to a rating of 65. To do so, a minimum investment in pavement
overlay projects in the amount of $550,000 per year is
necessary. Once this PCI rating is reached, the Arterial and
Collector system can be maintained through simple lower -cost
measures such as slurry sealing. If this level of investment is
not made, the quantity of deferred maintenance will increase
and these streets will no longer be candidates for lower cost
rehabilitation strategies.
iENERAL PLAN RPr;:m =KIrc. i i r7
Unit Price Total
$2 $396,040
$2 $136,000
CIPAC recommends fully funding and allotting the maximum dedicated funds toward this project. Funding is
recommended for this project using Proposition C ($220,000) and STPL ($400,000) funding. The requested amount for
this project is much less than the recommended $800,000 from the proposed 10 -Year Infrastructure Replacement and
Maintenance Program to address the deteriorating condition of the City's 25 miles of arterial and collector streets. The
money allotted for this project will provide the pavement overlay of Lairport Street and Grand Avenue to increase
;avemcondition to a standard avement ratin of 65.
ent
STIMATED FUNDS ALLOCATED EXPENSES TO FY FY FY FY COST TO DATE 9/30/09 2009/10 2010/11 2011/12 2012/13 2013/14 FY
550,000 0 $550,000 $550,000 $550,000 $550,000 $550,000
New Criteria Mod.
Score SC HS ROI AL CO GO TOT
3 3 5 0 0 5 16
Adopted Criteria HS SC RI JL CO CI
Score 3 3 5 0 0 y �
FUNDING SOURCES COST - BREAKDOWN
G. General /Capitallmprovement DESCRIPTION ESTIMATED COST
Fund 1. DESIGN
W. Water Fund 2. CONSTRUCTION 532,000
GT. Gasoline Tax Fund 3. MANAGEMENT /INSPECTION 10,000
D. Developer Contributions 4. CONTINGENCIES
C. C. D.B.G. 5. OTHER (LIST) Soils Engineer Rep. 8,000
A. Asset Forfeiture Fund
GR. Grant/Other Agencies Survey
IR. Infrastructure Replacement TOTAL $550,000
All costs shown in current dollars Cl PAC FORM 2009 — 2010
8
J3�
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
OJECT TITLE
Local Streets Rehabilitation Proqram
1. REQUESTING DEPARTMENT Public Works
Pavement overlay of 1.2 miles of local streets per year.
JUSTIFICATION
Asphalt pavements are designed to be flexible. Most of ._ ': 4
them last twenty -five to thirty years. They are constantly
exposed to various elements which cause them to loose
their flexibility. In some cases the surface may begin to
erode. As the pavement becomes less pliable various
types of cracks will form. They will become worse as the
pavement ages. Water may enter these areas causing
more damage. The damage is mitigated by patching
potholes and replacing affected areas and sealing around
the repairs. However, if one section of a road is suffering
the affects of aging many more are or will soon follow.
The application of an asphalt slurry is a useful tool that
has been used in the past and should continue to be
used. It will prolong the life of a road. However, some of
our roads require other measures to bring them up to an
acceptable level. Some of them have begun to settle
causing the road to become uneven. There are also
those that lack the proper slope for drainage. There is
standing water on a few streets, in close proximity to a
school. We must face the fact that some of our residential
streets need to be resurfaced or reconstructed.
GENERAL PLAN REFERENCE: LU7
CIPAC COMMENTS
CIPAC recommends fully funding and allotting the maximum dedicated funds toward this project. Funding for this project
using Proposition 1 B ($200,000), Gas Tax ($50,000), Proposition 42 ($150,000) and Measure R ($11,000) is
recommended. CIPAC acknowled es that it is a riorit to address the rehabilitation of our local streets.
ESTIMATED FUNDS EXPENSES FY FY FY FY FY
COST ALLOCATED TO 2009/10 2010/11 2011/12 2012/13 2013/14
TO DATE 9/30/09
$400,000 $400,000 $400,000 $400,000 $400,000
New Criteria Modified $400,000
Score SC HS ROI AL CO GO TOT
3 3 5 0 0 5 16
Adopted Criteria HS Sc RI JL CO CI
[Score 3 3 TOT
5 0 0 11
FUNDING SOURCES COST - BREAKDOWN
G. General /Capital Improvement DESCRIPTION ESTIMATED COST
Fund 1. DESIGN $40,000
W. Water Fund 2. CONSTRUCTION $325,000
GT. Gasoline Tax Fund 3. MANAGEMENT /INSPECTION $15,000
D. Developer Contributions 4. CONTINGENCIES
C. C. D.B.G. 5. OTHER (LIST) Soils Engineer Rep. $10,000
A. Asset Forfeiture Fund
GR. Grant/Other Agencies Survey $10,000
IR. Infrastructure Replacement TOTAL $400,000 (G)
All costs shown in current dollars CIPAC FORM 2009 — 2010
9
�� to
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
PROJECT TITLE Curb and Sidewalk Replacement Citywide
REQUESTING DEPARTMENT Public Works
DESCRIPTION
Curb and Sidewalk Repair Citywide. ,J
JUSTIFICATION
Tree roots are the leading cause of curb and sidewalk
displacement in the City of El Segundo. The locations of
displaced sidewalks and curbs, which have become
hazardous, are collected by field surveys and request
from residents. They are temporarily addressed by
grinding or applying asphalt to the affected area. It is
estimated that every twenty years 10% of a city's
concrete curbs and sidewalks must be replaced. This
results in approximately $100,000 to $120,000 of
concrete work needed annually.
LU7
CIPAC COMMENTS
CIPAC recommends fully funding for this project to be in line with the proposed 10 -Year Infrastructure Replacement
and Maintenance Program. This project will address the displacement of curbs and sidewalks caused by the roots of
City and private trees.
ESTIMATED I FUNDS EXPENSES FY FY FY FY FY
COST ALLOCATED TO 2009/10 2010/11 2011/12 2012/13 2013/14
TO DATE 9/30/09
$120,000 10
New Criteria Mod.
Adopted Criteria
FUNDING SOURCES
$120,000 I $120,000 $120,000 1 $120,000 $120,000
Score
Sc
HS
ROI
AL
CO
GO
TOT
3
3
1
1
0
5
13
HS
SC
RI
—3-0
JL
CO
CI
Score
5
3
0
11
G. General /Capital Improvement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
COST - BREAKDOWN
DESCRIPTION I ESTIMATED
1. DESIGN
2. CONSTRUCTION $120,000
3. MANAGEMENT /INSPECTION
4. CONTINGENCIES
5. OTHER (LIST) Soils Engineer Rep.
Survev
TOTAL I $120,000 (G)
I All costs shown in current dollars CIPAC FORM 2009 — 2010
10 4 .,
i }
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2014
PROJECT TITLE 100 — 300 Richmond Street Tree and Sidewalk Replacement
LREQUESTING DEPARTMENT I Recreation and Parks
The Richmond Street District is the "entertainment center"
of El Segundo and is comprised of an eclectic mix of
antique stores, bars, restaurants, and the Old Towne Music
Hall. This street has a separate and distinct identity from
Main Street. The oldest commercial buildings in the City,
developed in the 1900's and 1920's, are located along this
street as it was the original historic Downtown. This project
is for the removal of the Ficus trees and replacement of the
damaged sidewalks in the 100- 300 blocks and planting of
appropriate street tree species.
JUSTIFICATION
Richmond Street was part of the Downtown Specific Plan
which was adopted in 2000. Main Street and Grand
Avenue went through a revitalization where the Ficus trees
were removed and the sidewalks were replaced because of
the problems they were causing by lifting the sidewalks
with their root system. Although Richmond Street was also
identified for the revitalization, the project never came
about. The Ficus trees have overgrown their growing space
and are lifting the concrete and breaking the curbs causing
tripping hazards and generating numerous complaints and
request from property owners for the trees to be removed
and concrete replaced.
mss..
GENERAL PLAN REFERENCE
LU1, LU2, LU4, LU7
CIPAC COMMENTS
CIPAC recommends fully funding this project. This project
will remove trees and repair related curb and sidewalk
during this process.
ESTIMATED FUNDS EXPENSES FY FY FY FY FY
COST ALLOCATED TO 2009/10 2010/11 20011/12 2012/13 2013/14
TO DATE 9/30/09
$280,000.00 $280,000
New Criteria Modified
Adopted Criteria
FUNDING SOURCES
Score
SC
HS
ROI
AL
CO
GO
DESIGN
10,000.00
TOT
CONSTRUCTION
3
3
1
0
0
0
20,000.00
5.
7
20,000.00
HS
SC
RI
J
CO
Cl
CIPAC FORM 2009— 2014
Score
5
3
3
0
0
11
G. General /Capital Improvement Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
All costs shown in current dollars
11
�'4r)
COST -
BREAKDOWN
DESCRIPTION
ESTIMATED COST
1.
DESIGN
10,000.00
2.
CONSTRUCTION
220,000.00
3.
MANAGEMENT /INSPECTION
In -house
4.
CONTINGENCIES
20,000.00
5.
Tree & Root Removals
20,000.00
6.
Replacement Trees
10,000.00
TOTAL
$280,000 (G)
CIPAC FORM 2009— 2014
11
�'4r)
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
PROJECT TITLE I Douglas Street at Maple Avenue Crosswalk
REQUESTING DEPARTMENT I Northrop Grumman
DESCRIPTION
This project is a request from Northrop Grumman (NG) to
install a crosswalk on the northerly side of the intersection
of Douglas Street at Maple Avenue. It will allow NG
r
employees to cross one street to the commercial facilities at !',;,
the new TPG development rather than three streets., j
JUSTIFICATION
On April 9, 2009, the Traffic Committee met and reviewed this request and determined that it was unsafe to cross at the
northerly side of this intersection due to the left turn configuration. Northrop Grumman advocated that their request was
similar to the adjacent intersection at Douglas St. and Mariposa Ave. and the County determined that the cost to
reconfigure the intersection would cost approximately $50,000 to adjust the phasing, reconfigure the signal timing and
modify the ADA ramps and install pedestrian signal displays. Before this project can move forward, the Traffic
Committee's April 9 decision would need to be overruled by the City Council.
GENERAL PLAN REFERENCE
LU7
CIPAC COMMENTS
CIPAC recommends partially funding this project. This project will reconfigure the signals at this intersection to allow for
a safe crossino on the north.
ESTIMATED I I EXPENSES 30/09 FY I FY I FY FY 13
COST ALLOCATED TO 2009/10 2010/11 2011!12 2012/13 2013/14
TO DATE
0 1 150,000
Adopted Criteria
Score
HS
SC
RI
JL
CO
Cl
TOT
5
5
1
0
0
11
FUNDING SOURCES
G. General /Capital Improvement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
COST - BREAKDOWN
DESCRIPTION I ESTIMATED COST
1. DESIGN 5,000
2. CONSTRUCTION (G) 45,000
3. MANAGEMENT /INSPECTION (G)
4. CONTINGENCIES G
5. OTHER (LIST) Soils Engineer Rep.
Survev
TOTAL 150,000 (G)
L All costs shown in current dollars CIPAC FORM 2009 — 201
12 043
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
PROJECT TITLE Hornet Way Slurry Seal
REQUESTING DEPARTMENT Public Works
DESCRIPTION*°
Hornet Way has been in disrepair for some time and
currently displays alligator cracks and potholes throughout
its length. The street is due for maintenance. A type II slurry
seal is suggested to address this public street. Northrop
Grumman (NG) which is adjacent to much of this street may
contribute funds for the re- striping of the street after the city
slurry's this street. The City, NG and the Metropolitan
Transportation Authority are currently in discussions about
improving the rail crossing on this street as well.
JUSTIFICATION
The project will address the disrepair of Hornet Way that has many potholes and cracks. It will use Type II slurry that
will fill in the cracks for a few years. It is expected that this application may last at least 10 years. Northrop Grumman
would be interested in participating in implementing this project by performing the re- striping of the street after we repair
the City infrastructure.
GENERAL PLAN REFERENCE
LU7
CIPAC COMMENTS
CIPAC recommends fully funding this project. This project will slurry Hornet Way.
ESTIMATED
FUNDS
EXPENSES
FY
FY
FY
FY
FY
COST
ALLOCATED
TO
2009/10
2010/11
2011/12
2012/13
2013/14
TO DATE
9/30/09
0
24,000
Adopted Criteria
Score
HS
SC
RI
JL
CO
Cl
TOT
1
3
1
0
5
1
10
FUNDING SOURCES
COST - BREAKDOWN
DESCRIPTION
ESTIMATED COST
G. General /Capital Improvement
Fund
W. Water Fund
1. DESIGN
0
2. CONSTRUCTION (G)
18,000
3. MANAGEMENT /INSPECTION (G)
2,000
GT. Gasoline Tax Fund
4. CONTINGENCIES G
4,000
D. Developer Contributions
5. OTHER (LIST) Soils Engineer Rep.
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant /Other Agencies
IR. Infrastructure Replacement
Survey
TOTAL
24,000 (G)
All costs shown in current dollars CIPAC FORM 2009 — 2010
13 u 4
CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2009/2010
I PROJECT TITLE I Water Elevated Reservoir Paintinq I
I REQUESTING DEPARTMENT I Public Works — Water Division I
To repaint/recoat the elevated reservoir.
JUSTIFICATION
The elevated reservoir was identified as priority no. 2
for recoating and maintenance in the Water Master
Plan. The $240,000 will pay for the painting of the
elevated reservoir along with the required preparation
and scaffolding to execute such a project. An
inspection conducted in 2006 showed that the
structure was in relatively good condition. However,
the paint has chipped off in several areas and
exposed the structure to the elements. Repainting
was recommended to prevent deterioration and to
extend the useful life of the reservoir.
GENERAL PLAN REFERENCE
LU7
CIPAC COMMENTS
CIPAC recommends not funding this project this year. This project can be deferred one more year without any
significant impact to the elevated reservoir.
ESTIMATED FUNDS I EXPENSES FY FY FY FY ( FY
COST ALLOCATED TO 2009/10 2010/11 2011/12 2012/13 2013/14
TO DATE 9/30/09
$240,000W 10
$240,000 W
New Criteria
7
Score
PC
HS
PM
AL
CO
GO
EE
4. CONTINGENCIES
TOT
5. OTHER (LIST) Soils Engineer Rep.
2
1
5
1 0
1 0
1 0
1 0
1
1 8
FUNDING SOURCES COST - BREAKDOWN
DESCRIPTION I ESTIMATED COST
G. General /Capital Improvement
Fund
W. Water Fund
GT. Gasoline Tax Fund
D. Developer Contributions
C. C. D.B.G.
A. Asset Forfeiture Fund
GR. Grant/Other Agencies
IR. Infrastructure Replacement
SS. Sewer Fund
1 DESIGN
$10,000
2. CONSTRUCTION
$200,000
3. MANAGEMENT /INSPECTION
$20,000
4. CONTINGENCIES
$10,000
5. OTHER (LIST) Soils Engineer Rep.
Survey
TOTAL
$240,000
All costs shown in current dollars CIPAC FORM 2009 — 2010
14 �l
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
06/05/09 THROUGH 06/25/09
Date
Payee
Amount
Description
6/5/2009
CalPERS
401,742.87
Health premium
6/5/2009
UNUM
510.60
LTD
6/5/2009
West Basin
1,038,293.76
H2O payment
6/9/2009
Health Comp
2,452.10
Weekly claims
6/11/2009
Employment Development
57,338.73
State Taxes
6/11/2009
IRS
349,545.73
Federal Taxes
6/12/2009
Federal Reserve
150.00
Employee Savings Bond
6/12/2009
State of CA
1,153.24
Child support withholdings
6/12/2009
Nationwide EFT
36,787.10
457 payment
6/12/2009
UBOC
4,644.02
PARS payment
6/12/2009
Manufacturers & Traders
33,849.70
457 payment
6/12/2009
Health Comp
1,437.79
Weekly claims
6/17/2009
CalPERS
304,320.26
Retirement payment
6/17/2009
Lane Donovan Golf Ptr
21,447.42
Payroll Transfer
6/18/2009
Health Comp
1,513.96
Weekly claims
6/22/2009
La Salle
43,725.00
ABAG
6/25/2009
Health Comp
3,977.47
Weekly claims
6/6- 6/25/09
Workers Comp Activity
48,128.99
SCRMA checks issued
2,351,018.74
DATE OF RATIFICATION: 7/07/09
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Date
Date
/v�/o
Dat
2,351,018.74
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers \2009 \Wire 2009 Qtr 2nd \Wire Transfers 6- 25.xls
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
06/25/09 THROUGH 07/09/09
Date
Payee
Amount
Description
6/11/2009
IRS
(349,545.73)
Federal Taxes Correct Prior Memo
6/11/2009
IRS
249,545.73
Federal Taxes Correct Prior Memo
6/25/2009
Employment Development
56,887.87
State Taxes
6/25/2009
IRS
247,528.89
Federal Taxes
6/26/2009
Federal Reserve
250.00
Employee Savings Bond
6/26/2009
State of CA
1,153.24
Child support withholdings
6/26/2009
Nationwide EFT
36,966.50
457 payment
6/26/2009
UBOC
4,722.28
PARS payment
6/26/2009
Manufacturers & Traders
50,440.23
457 payment
6/30/2009
CalPERS
309,759.17
Retirement payment
6/30/2009
Lane Donovan Golf Ptr
21,388.33
Payroll Transfer
7/1/2009
Health Comp
793.70
Weekly claims
7/7/2009
CalPERS
403,633.06
Health premium
7/7/2009
UNUM
480.00
LTD
7/8/2009
Health Comp
2,988.00
Weekly claims
6/26- 7/09/09
Workers Comp Activity
30,711.54
SCRMA checks issued
1, 067, 702.81
DATE OF RATIFICATION: 7/21/09
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
log
Deputy City reasurer Date
7gd�
irector o in c Date
/3 0
City M _ r Dat
1,067,702.81
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\2009 \Wire 2009 Qtr 3rd \Wire Transfers 7- 09.xls r s
tV
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 16, 2009 — 6:00 P.M.
6:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 6:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
NONE
SPECIAL ORDER OF BUSINESS:
Mark Hensley, City Attorney, announced that Council would be meeting in closed
session pursuant to the item listed on the agenda.
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) -0- matter
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.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 1- matters
Represented Group: Supervisory and Professional Employees' Bargaining Unit
City's Representatives: Jack Wayt (City Manager), Bob Hyland (Human Resources
Director) and Deborah Cullen (Finance Director)
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
Council moved to open session at 6:15 p.m.
SPECIAL MATTERS: - 1- matter
1. Interview of candidates and potential appointee for Library Board of Trustees
[Note: the interviews will commence at approximately 6:15 p.m. and take place in
the West Conference Room in City Hall]
Council consensus to appoint Beth Marbois to the Library Board of Trustees for a full
term to expire 6/30/12.
Council recessed at 6:40 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 2
I! J L
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 16, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Wesley Harding, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS
a. Proclamation announcing July 2009 as Parks & Recreation Month.
Council Member Jacobson presented a proclamation to Bob Cummings, Recreation and
Parks Director, announcing July 2009 as Parks & Recreation Month.
ROLL CALL
Mayor McDowell - Present
Mayor Pro Tern Busch - Present
Council Member Brann - Present
Council Member Fisher - Present
Council Member Jacobson - Present
Steve Bradford, Southern California Edison, made a brief presentation on the current
state of Utility services. He also announced the improvements to be made in the City of
El Segundo.
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.
Elyse Beardsley, spoke on behalf of the South Bay Workforce Investment Board
(SBWIB), on services offered for persons displaced by downsizing.
Bill Watkins, resident & School Board Member, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 3
LJ�
Laura Brown, resident & film location manger, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
Robin Funk, resident & School Board Member, spoke regarding the filming permit
ordinance, and is in favor of the proposed changes.
Jim Fitzpatrick, Commissioner for the Film Commission, was not fully supportive of the
extension of 40 days, and suggested extending the time for the school area only and
not extending the number of days in other areas of the City. He was also against the
shortening of the allowed filming hours from 10 to 9 pm, which woud preclude night
shooting except in the months of November, December and January. He also
expressed a concern about the proposed weekend restrictions. He was in favor of the
extension but against the time changes.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Council Member Brann, SECONDED by Council Member Fisher to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action (Public Hearing) regarding the introduction
and first reading of an Ordinance adopting Development Agreement No. 09 -01
(Third Amendment to Development Agreement No.03 -01 with Rosecrans-
Sepulveda Partners, 2, LLC and PES Partners, LLC for EA 631) for the Plaza El
Segundo development project located at 710 -850 South Sepulveda Boulevard,
700 -740 Allied Way, and 2005 -2015 East Park Place to allow the following uses:
1) Fast food restaurants south of the current locations of the Union Pacific
Railroad or the Burlington Northern Santa Fe Railroad lines (the southwest
portion of the site), 2) banks and similar institutions up to a total of 10,000 square
feet of floor area, 3) day spas up to a total of 10,000 square feet of floor area, 4)
health clubs and fitness centers up to a total of 10,000 square feet of floor area,
5) indoor sale of motorcycles, motor scooters and the sale of related parts and
accessories only as an ancillary use, and 6) dance and music instruction studios
up to 6,000 square feet of floor area. Applicant: PES Partners, LLC. (Fiscal
Impact: None).
Mayor McDowell stated this is the time and place hereto fixed for a Public Hearing
regarding the introduction and first reading of an Ordinance adopting Development
Agreement No. 09 -01 (Third Amendment to Development Agreement No.03 -01 with
Rosecrans - Sepulveda Partners, 2, LLC and PES Partners, LLC for EA 631) for the
Plaza El Segundo development project located at 710 -850 South Sepulveda Boulevard,
700 -740 Allied Way, and 2005 -2015 East Park Place to allow the following uses: 1) Fast
food restaurants south of the current locations of the Union Pacific Railroad or the
Burlington Northern Santa Fe Railroad lines (the southwest portion of the site), 2) banks
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 4
V JJ
and similar institutions up to a total of 10,000 square feet of floor area, 3) day spas up to
a total of 10,000 square feet of floor area, 4) health clubs and fitness centers up to a
total of 10,000 square feet of floor area, 5) indoor sale of motorcycles, motor scooters
and the sale of related parts and accessories only as an ancillary use, and 6) dance and
music instruction studios up to 6,000 square feet of floor area. Applicant: PES Partners,
LLC. Clerk Mortesen stated that proper notice was completed and no written
communication had been received by City Clerk's Office.
Greg Carpenter, Planning and Building Safety Director, gave a report.
MOTION by Jacobson, SECONDED by Mayor ProTem Busch to close the public
hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1430
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03 -01 BETWEEN
ROSECRANS - SEPULVEDA 2, LLC, AND ROSECRANS - SEPULVEDA 3, LLC (PES
PARTNERS, LLC), AND THE CITY OF EL SEGUNDO AFFECTING THE PLAZA EL
SEGUNDO DEVELOPMENT.
Mayor ProTem Busch introduced the ordinance.
Second reading and adoption is scheduled for July 21, 2009.
C. UNFINISHED BUSINESS
2. Consideration and possible action to amend the El Segundo Municipal Code film
regulations within the City of El Segundo and direct staff to not allow any filming
in Library Park. (Fiscal Impact: None)
Mayor Pro Tern Busch excused himself from the dais, due a possible conflict of interest
on this item based upon his employment at Sony Pictures.
City Attorney Mark Hensley, made a brief presentation.
Council Member Jacobson would like to have a Council workshop to expand the dialog
with the School, film industry, and residents.
MOTION by Council Member Fisher, SECONDED by Mayor McDowell to have a single
workshop with all eligible Council Members, the film industry representative, school
district representatives, and residents, to have a complete dialog on consideration of
amending the Ordinance. MOTION PASSED BY THE FOLLOWING VOICE VOTE:
AYES: MCDOWELL, JACOBSON, FISHER; NOES: BRANN; NOT PARTICIPATING:
BUSCH. 3/1/1
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 5
vJ�
3. Consideration and possible action regarding the announcement of the
appointment of candidate of the Library Board of Trustees. (Fiscal Impact: None)
Mayor McDowell announced the appointment of Beth Marbois to the Library Board of
Trustees for a full three -year term ending 6/30/12.
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.
4. Approved Warrant Numbers 2571991 to 2572229 on Register No. 17 in the total
amount of $1,180,117.63 and Wire Transfers from 05/22/09 through 06/04/09
in the total amount of $766,153.67. 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.
5. Approved Regular City Council Meeting Minutes of June 2, 2009.
6. Accepted the project for trenchless rehabilitation of the sanitary sewer main on
Imperial Highway from east to west City limit. Project No. PW 08 -10 as complete.
(Fiscal Impact: $465,795.00) Authorized the City Clerk to file a Notice of
Completion in the County Recorder's Office.
7. PULLED FOR DISCUSSION BY MAYOR PROTEM BUSCH
8. Awarded RFP # 09 -07 (Police Uniforms and Accessories) to the three most
responsive bidders, and authorized the City Manager to execute three (3) year
agreements with a renewal option for each of an additional three (3) year period,
for a maximum total contract length of six (6) years to Galls Uniforms, Contract
No. 3955, Quartermaster Uniforms, Contract No.3956, and Carmen's Uniforms,
Contract No. 3957. (Fiscal Impact: Included in adopted budget)
MOTION by Council Member Jacobson SECONDED by Council Member Fisher to
approve Consent Agenda Items 4, 5, 6, and 8. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
7. Consideration and possible action regarding the award of a Standard Public
Works to Malibu Pacific Tennis Courts, Inc. for the installation of a retaining wall
at the Softball Field at 339 Sheldon Street — Project No. PW 09 -03 (Fiscal
Impact: $184,750.00)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 6 f ,
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to award
Standard Public Works Contract No. 3958 to Malibu Pacific Tennis Courts, Inc. for the
installation of a retaining wall at the Softball Field at 339 Sheldon Street — Project No.
PW 09 -03. Authorized the City Manager to execute a Standard Public Works Contract in
a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
9. Consideration and possible action regarding Council consensus to cancel the
July 7, 2009 City Council Meeting. (Fiscal Impact: None)
MOTION by Mayor McDowell, SECONDED by Mayor ProTem Busch to approve the
cancellation of the July 7, 2009 City Council Meeting. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding his departmental tours.
Council Member Fisher — None
Council Member Jacobson — None
Mayor Pro Tern Busch — Announced the July 2nd Environmental Fair.
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.
Bill Watkins, resident, stated he appreciated Council participation on the filming
ordinance.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 7
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 8:22 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 16, 2009
PAGE NO. 8 V J
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
Wednesday July 8, 2009
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
8:00 a.m.
8:00 A.M. SESSION
CALL TO ORDER — Mayor McDowell at 8:00 a.m.
ROLL CALL
Mayor McDowell - Present
Mayor Pro Tern Busch - Present
Council Member Brann - 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.
Bob Tolich, Lieutenant, West Covina Police Department, spoke regarding the Communication
System and mis- information about their software and lack of support and back up. He stated that
they are still functioning at full speed and have up -to -date software and service.
Michelle Blumenthal, spoke regarding the communication center and the possibility of outsourcing
the 911 dispatch center. She spoke against the proposition.
Liz Garnholz, Resident; presented a letter from a friend. She read a letter from Gifford Rodine, in
which he commented about the city's current budget shortfall.
George Hoops, Resident; spoke regarding the Beach Cities Transit and the poorly constructed
map they published. He also spoke on the recent report on water quality sent to each home.
Robin Funk, Vice - President of the El Segundo School Board, thanked Council for their previous
support and spoke regarding both the city and school budget shortfalls.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title only.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
JULY 8, 2009
PAGE NO. 1
10 8
MOTION by Council Member Jacobson, SECONDED by Council Member Brann to read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding a strategic planning session which will guide
staff in the preparation of the Fiscal Year 2009 -2010 Preliminary Budget. A brief overview of
the estimated General Fund FY 2008 -2009 year -end projections, projected General Fund
FY 2009 -2010 budget shortfall and options to balance the FY 2009 -2010 General Fund, and
a follow -up on open items from the prior Strategic Planning Session will be provided.
This planning session will guide staff in the preparation of the FY 2009 -10 Preliminary Budget,
which will be presented at the August 18, 2009 City Council Meeting. Council may raise other
development, policy, capital project and potential budget reduction items for consideration as part
of staffs preparation of the FY 2009 -10 Preliminary Budget.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
JULY 8, 2009
PAGE NO. 2
ti J
3 rat„ OMpted Year -end Revenues and
$penditures — Fiscal Year 2008/09
GENERAL FUND
,enues
Expenditures
Surplus/ (Deficit)
Budget 08/09
$ 60,784,950
60,784,950
Projected Year -
End 08/09
58,881,550
59,045,800
$ (164,250)
yes in Year -end Expenditure
mates — Midyear v. 3rd Quarter
V ease: $761,350
al Costs:
s vacant positions filled subsequent to
a r;
overtime has not been reduced as much as
anticipated,
Additional Savings:
• Allocation of salaries to other funds;
• Equipment Replacement Charges — Savings of
$334,000 by not funding current year's charge
for Communications Center
a
iuing efforts to minimize
jected yearend deficit
�` is reviewing all expenditures for cost
wings
possible salary savings from vacant
positions
Reduction of consultant contracts
• Possible overtime reductions
revenues
Expenditures
Surplus/ (Deficit)
$ 56, 945, 900
62,918,200
$ (5,972,300)
A=Expenditures: tions for 09/10 Preliminary
on bargaining units;
i's Compensation — 24.4% increase in rates
Benefits — 3.67% increase in rates
Pension Contribution — 5.2% increase in rates
�ppment Replacement Costs — Funded at 100%
3,551,000)
• Annual OPEB Payment — Funded at 100% ($2,000,000)
ESUSD Funding - $250,000 cash ayment & continue funding
crossing guard contract ($80,000 and in -kind contributions
($1,000,000 estimated for FY 09/10)
• Capital Funding - $500,000
• ETRC — Fund $175,000
• Reclassifications — 3 positions proposed to move from
Supervisory to Management; Fiscal Impact: $30,000
10 Revenue Assumptions
ollowing are key contributors of the $3.8
Ilion in revenue decreases from FY 08/09
opted Budget to FY 09/10 Preliminary Budget:
� usiness License Tax - $650,000 decrease
Transient Occupancy Tax (TOT) — $550,000
decrease
• Cogenerated Electric Tax - $850,000 decrease
• Interest Income - $950,000 decrease
;t- Balancing Methodology in
Years:
f-"et oal Yeas° 2004 (3ft'; "the Economic
nty Fund has been used to balance the
hrough the use of transfers:
ear 04/05: $ 2,243,200
iscal Year 05/06: $ 2,556,603
P Fiscal Year 06/07: $ 2,700,000
Fiscal Year 07/08: $ 2,700,000
— Fiscal Year 08/09: $ 2,571,900
Five -Year Total: $12,771,703
m
xj nmic Uncertainty Fund
rhl;gnate-Athletic.Field Naming Rights„
-eral ue from previous years and transfer to
Fund to fund current year
ions - $1,341,000
• Undesignate Portion of Fire Station #2
Contingency - $500,000
g & Overtime
ro1aneous.,Employee, O vertime - Runs
,000 annually.
blic Safety - Total overtime projected
.75 million
— Police overtime - $750,000
*Majority used for court appearances and
investigations
— Fire overtime — $2,000,000
14
affing & Overtime
� ir~ Department
hortSayings,.for,..up to 2
'fighter /paramedic positions
,'Run short 1 position -
$400,000
Run short 2 positions -
$661,750
dun Short Savings for up to 5
positions —
�_ - — Run short 1 position per shift -
$446,300
— Run short 2 positions per shift -
$852,350
— Run short 3 positions per shift -
$1,135,000
— Run short 4 positions per shift -
$1,294,050
— Run short 5 positions per shift -
$1,340,197
fi nnel — Fire Department
r�tnued)
iiminate 1 Firefighter position per shift; 3 total
�ositions - $371, 500
liminate 1 3- Person Engine Company per shift;
total positions $1,421,600
• Contract for Fire Protection Services
— Contract with Los Angeles County Fire
Department for Fire Protection Services —
total savings - $7,000,000
, i rnent Replacement Fund
isfer Unallocated Funds back to the General Fund -
$730,500
sfer Accumulated Funds for Communication Center
acement back to the General Fund - $810,130
T ake the net amount of Accumulated Charges and
transfer the excess funding based on a 90%
confidence level - $1,094,620
• Fund FY 09/10 Replacement Charge
at 90% confidence level - $15__51000
TOTAL $2,790,350
11
rer's Compensation Fund
psfer amounts,.,a ,, cess of funding
icy to General Fund - $500,000
he City's funding policy requires staff to
"" fund the Worker's Compensation Fund at
a 70% level. Funds have accumulated
through the recent years due to changes
in estimates of outstanding claims.
al Liability Fund
er,amounts, In .excess of funding policy to:
neral Fund - $750,000
pital Improvements Fund - $750,000
Me City's funding policy requires staff to fund
the General Liability Fund at a 70% level. Funds
have accumulated through the recent years due
to changes in estimates of outstanding claims.
The transfer to the Capital Improvements Fund
would also save the City it's annual funding of
CIP Water & Sewer projects.
"'Safety Communications
r
ory /Overview
South Bay Regional Communication Center
t_ ,RCC
El Segundo Public Safety Communication
Center
— South Bay Regional Public Communications
Authority "SBRPCA"
• Impacts /Considerations
• Proposal /Request for Direction
nal Cost Saving Possibilities
rement Options
,USD Funding
heduled Salary Increases
7* OPEB Annual Payment
ions for Balancing Budget
F"$750,000 venue Generators
Sale of Fire Station #Z
T.O.T. Increase — 8% to 10% - Fiscal Impact -
if adopted & ratified by the end of
the calendar year.
— Increase in Utility Users' Tax
— Trash Collection Fees - $670,000
— PLF Developer Fee & Park Fee Study
CITY OF EL SEGUNDO
SUMMARY OF BUDGET BALANCING OPTIONS
FY 09/10
Shortfall:
(5,972,342)$
670,000$
11
3,075,120$
Transfers from ISF
Subtotal:
(2,897,222)$
3 NOMMM Fund Equipment Replacement @ 90%
2
500,000$
Portion of Fire Station #2 Contingency Designation
Subtotal:
(2,397,222)$
—Run short 2 positions
3
446,300$
Fund Equipment Replacement @ 90%
Subtotal:
(2,242,122)$
1,135,000$
5
260,000$
Appropriate excess of 20% - Currently have 22% in Unres., Undesig.
Subtotal:
(1,982,122)$
4
—.
—Run short 1 position
Subtotal:
(1,582,122)$
8;2flp,
Athletic Field Naming Rights Designation
Adjusted Shortfall:
(382,122)$
Options:
Transfers in from Internal Service Funds
Approved
1 500,000$
Transfer from Worker's Compensation Fund
Approved
1 750,000$
Transfer from General Liability Fund
Approved
1 730,500$
Transfer Unallocated Funds from Equipment Replacement
810,130$
Transfer Accumulated Funds - Comm Ctr. Equipment Replacement
Approved
1 1,094,620$
Adjust Funding Level to 90% and Transfer to the General Fund
Undesignate Funds in Economic Uncertainty Fund
Approved
8
Athletic Field Naming Rights Designation
Approved
2 500,000$
Portion of Fire Station #2 Contingency Designation
Increase Charges
787,500$
T.O.T. Increase in Rate (prorated for 9 months)
670,000$
Trash Collection Fees - pass costs on to residents
Reduce Current Non - Personnel Costs
500,000$
CIP Transfer Savings
Approved
3 NOMMM Fund Equipment Replacement @ 90%
Staffing Impacts - Fire Department
Run Short Savings for up to 2 firefighter /paramedic positions
Approved
4 — —Run short 1 position
661,700$
—Run short 2 positions
Run Short Savings for up to 5 positions —
446,300$
—Run short 1 position per shift
852,300$
—Run short 2 positions per shift
1,135,000$
—Run short 3 positions per shift
1,294,050$
—Run short 4 positions per shift
1,340,200$
—Run short 5 positions per shift
Staff Reductions
371,500$ — Eliminate 1 Firefighter position per shift; 3 total positions -
1,421,600$ — Eliminate 1 3- Person Engine Company per shift; 9 total positions
Contract for Fire Protection Services
7,000,000$ — Contract with Los Angeles County Fire Department for
Fire Protection Services (Total Savings)
General Fund Unreserved, Undesignated
Approved s 260,000$ Appropriate excess of 20% - Currently have 22% in Unres., Undesig.
Personnel Cost Reductions
500,000$ Scheduled Salary Increases - 1% of Salaries & Benefits
? Reduce Staffing Levels through Attrition
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
JULY 8, 2009
PAGE NO. 13
Council consensus to direct staff to prepare a report removing and /or adjusting the Business
License fee from the Business License Tax, at minimum from Home Occupation businesses.
Staff to ask City bargaining units if they would consider meeting and conferring with regard to
potential salary and benefit cost reductions.
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
JULY 8, 2009
PAGE NO. 14
r���i
Directed staff to prepare informational reports to update the status of long term projects and open
items from the last Strategic Planning Session.
C. CONSENT AGENDA
2 Consideration and possible action to adopt a Resolution approving specifications for
resurfacing Mariposa Avenue from Sepulveda Boulevard to Nash Street and Main Street
from Mariposa Avenue to Imperial Highway; and Authorizing the City Manager to execute
agreements accepting funds from Federal American Recovery and Reinvestment Act of
2009 (ARRA) Grant funding in the amount of $358,000. (Fiscal Impact: $358,000)
MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Busch to adopt Resolution
No. 4605 approving specifications and authorizing the City Manager to execute agreements, in a
form approved by the City Attorney, related to the American Recovery and Reinvestment Act of
2009 (ARRA) Grant funding in the amount of $358,000. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
ADJOURNMENT 11:34 a.m.
Cindy Mortesen, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
JULY 8, 2009
PAGE NO. 15
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action authorizing the City Manager to issue a letter of
concurrence to the South Bay Regional Public Communication Authority to modify a
radio frequency co- licensed with one assigned to the City. (Fiscal Impact: None.)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to issue a letter of concurrence to the South Bay
Regional Public Communication Authority to modify a radio frequency co- licensed with
one assigned to the City.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Concurrence Letter
FISCAL IMPACT: None at this time.
Amount Budgeted: $.00
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Max Phipps, Captain
REVIEWED BY: David Cummings, Chief o lice
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
From time to time, the City receives requests from individuals, private companies and public
agencies for concurrence to use radio frequencies adjacent to or co- channeled with frequencies
assigned to the City. The City has received such a request from the South Bay Regional Public
Communication Authority (Authority) for channel 470.6375/473.6375. The City and the
Authority are currently co- licensed of this channel. During a recent survey the Authority
determined that the coordinates for its site at the Manhattan Beach water tower were slightly off
(by approximately 286 feet). It is the Authority's desire to submit an application to the Federal
Communications Commission to modify its license at the water tower to correctly identify the
site's coordinates. This license modification requires that the City concur with the amended
coordinates.
This modification request is merely for an administrative change on the license; there will be no
changes or modifications to the site itself. The City's special counsel on frequency matters in
Washington DC, Russell Fox, has reviewed the request from the Authority and its potential
impact on El Segundo. It is his recommendation that the City issue a letter of concurrence to
support the application by the Authority to the Federal Communications Commission.
4
�'l 3
Date
Mr. Ralph Mailloux, Executive Director
South Bay Regional Public Communications Authority
4440 W. Broadway
Hawthorne, CA 90250
Re: Proposed Use of the Frequency Assignments 470.6375 MHz
Dear Mr. Mailloux:
The purpose of this letter is to express the concurrence of the City of El Segundo, California ( "El
Segundo ") to the proposed modification, by the South Bay Regional Public Communications
Authority ( "South Bay ") of its license for station KDL483 ( "License "), which permits the use of the
frequency assignment 470.6375 MHz (the "Frequency ") at the location described as the Manhattan
Beach Water Tower. South Bay's proposed use of the Frequency at the Manhattan Beach Water
Tower is closer to El Segundo's facilities that are authorized to use the Frequency than is otherwise
permitted by the FCC's rules.
In particular, South Bay proposes to modify the License to more correctly reflect the use of the
Frequency at the geographic coordinates 33 -53 -00.4 N; 118 -23 -19.7 W. The elevation of that site is
57 meters, the overall height above ground of the antenna structure without appurtenances is 44.2
meters. The transmitter output power and effective radiated power ( "ERP ") will remain as currently
authorized by the License for the Manhattan Beach Water Tower site.
If there any questions regarding this matter, please contact me.
Very truly yours,
0 4
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the upgrade of the Millennium hardware and
software system supplied by Innovative Interfaces, Inc., for the operational functions of
cataloging, circulation of materials, and public access to the El Segundo City Library's online
catalog. (Fiscal Impact: $29,443)
RECOMMENDED COUNCIL ACTION:
1. Approve an upgrade to the hardware and software system of existing Agreement #2235 with
Innovative Interfaces, Inc. in a form approved by the City Attorney. The amount of the
upgrade is over $25,000.
2. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
Attachment A - -- Innovative Interfaces, Inc. Eleventh Amendment & Agreement #2235.
FISCAL IMPACT:
Amount Budgeted: $50,000
Additional Appropriation: N/A
Account Number(s): 601- 400 - 6101 -8108
ORIGINATED BY: Debra Brighton, Library Services Directo
REVIEWED BY: Debra Brighton, Library ices Director
APPROVED BY: Jack Wayt, City Manageft
BACKGROUND AND DISCUSSION:
Since 1993, Innovative Interfaces Inc. has provided the City Library's main online network
system with the functions of cataloging, circulation of materials, patron access to the Millennium
online catalog and archival collections, and administration. Every five to eight years a major
hardware and software upgrade is needed to accommodate the expanding and complex
requirements of maintaining the system. Since our last upgrade was 2003, this new version is
highly recommended by the Information Services Division so that continued maintenance can be
performed in a timely manner. Funding is provided from the Equipment Replacement List.
This upgrade will replace a hardware server platform from an Alpha DS 10 to an IBM Linus
system, and allow an automatic system, Veritas /Symantec NetBackup /Client Interface API, to
perform daily and weekly back -ups. Services include preparation and set -up of the existing
system for - conversion; software configured for the IBM Linux platform; migration of database,
46 user licenses and all product interfaces; and, an operating system license upgrade and onsite
technician service for one day.
5
U 1 ( o
22 3 5 � . ,
ELEVENTH AMENDMENT
TO THE AGREEMENT NO. 2235 BETWEEN INNOVATIVE INTERFACES, INC.,
AND THE CITY OF EL SEGUNDO
THIS ELEVENTH AMENDMENT ("Amendment") to Agreement No. 2235 is made and
entered into this 1st day of October 2008, by and between the CITY OF EL SEGUNDO,
a general law city and municipal corporation existing under the laws of California
( "CITY'), and INNOVATIVE INTERFACES, a company incorporated under the laws of
the State of California ( "CONTRACTOR ").
Pursuant to Agreement No. 2235 ( "Agreement "), executed by the parties on or
about April 6, 1993 and subsequently amended, the term of the agreement is
extended until September 30, 2009.
2. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitute one instrument executed
on the same date.
3. Except as modified by this Amendment, all other terms and conditions of
Agreement No. 2235 remain the same.
4. Attachment A is incorporated by reference.
CITY OF EL SEGUNDO
By:
ack yt
City Manager
M�'
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger,
Assistant City Attorney
INNOVATIVE INTERFACES, Inc.
l r�
B
Arlene Debergue
Customer Accounts
'r
EL SEGUNDO CITY COUNCIL
MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to away
lowest responsible bidder, Vido Samarzich,
Lairport Street. Project No. PW 09 -04
(Fiscal Impact: $192,870.00)
RECOMMENDED COUNCIL ACTION:
1 a standard Public Works Contract to the
Inc., for the replacement of a water main on
Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with Vido Samarzich, Inc., in the amount
of $192,870.00.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $212,157.00
Additional Appropriation: No
Account Number(s): 501- 400 - 7103 -8207
ORIGINATED BY: Maryam M. Jonas, Principal Engineerj/
REVIEWED BY: Dana Greenwood, Public Arks Director
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
The Capital Improvement Program includes an annual project for the replacement of water mains
at various locations. The purpose of the annual program is to replace deteriorated water
distribution pipes and valves. The water main and valves on Lairport Street were constructed in
1953. Replacement of the deteriorated main will reduce the need for maintenance and prevent
water main breaks.
On April 21, 2009, the City Council adopted plans and specifications and authorized staff to
advertise the project for competitive bids.
On June 23, 2009, the City Clerk received and opened the following eleven (11) bids:
1. Vido Samakzich, Inc. $192,870.00
2. John T. Malloy, Inc. $195,855.00
3. Sully Miller Construction Co. $224,000.00
C7i
4. TTS Engineering
$235,977.80
5. Atlas- Allied, Inc.
$241,450.00
6. General Underground Fire
$250,955.00
7. A.R. Sarmiento, Inc.
$279,907.00
8. Majich Bros., Inc.
$282,965.00
9. Bali Construction, Inc.
$314,615.00
10. Valverde Construction, Inc.
$365,050.00
11. Blois Construction, Inc.
$366,580.00
Staff has contacted references of the lowest responsible bidder and has received favorable
responses. Staff recommends awarding the contract to the lowest responsible bidder, Vido
Samakzich, Inc., in the amount of $192,870.00.
This project is funded through the FY 2008 -2009 Capital Improvement Program (Water
Enterprise Fund). The total amount ($212,157.00) requested includes the contract amount of
$192,870.00 and an additional 10% to cover any unforeseeable construction related
contingencies.
EL SEGUNDO CITY COUNCIL
MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the award of a Standard Public Works
Contract to Belaire -West Landscape, Inc. for the installation of an irrigation system and
decomposed granite path at Washington Park located on Washington Street between
Palm and Maple Avenues — Project No. PW 09 -06 (Fiscal Impact: $49,000.00)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to execute a Standard Public Works Contract in a form
approved by the City Attorney with Belaire -West Landscape, Inc. in the amount of
$49,000.00; (2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $212,810.00
Additional Appropriation: N/A
Account Number(s): 301 - 400 - 8202 -8990 andl 18- 400 - 8203 -8604
ORIGINATED BY: Dan Garcia, Assistant City Engineer 9��
REVIEWED BY: Dana Greenwood, Public rks Director7zlrb
APPROVED BY: Jack Wayt, City Manage ,
BACKGROUND AND DISCUSSION:
On May 20, 2009, City Council approved the plans and specifications and authorized staff to
solicit bids for the installation of an irrigation system and decomposed granite path. On June 23,
2009, four bids were received. The bids varied from $49,000.00 to $74,000.00. Belaire -West
Landscape, Inc. was the lowest responsible bidder at $49,000.00. This amount is within the
project budget. Belaire -West Landscape, Inc. is a well qualified contractor with verified
experience with similar projects.
This project was initially funded in CIPAC 07/08 for $210,000.00. On October 16, 2007,
$37,000.00 was transferred to help fund the Stevenson Field Lighting project. There is currently
$39,810 in the TDA fund, which is being used for this project. All of this totals to the project
budget amount of $212,810.
7
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the award of a Standard Public Works
Contract to Vido Samarzich, Inc. for the fabrication and installation of the light pole
banners. — Project No. PW 09 -05 — (Fiscal Impact: $48,290)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Authorize the City Manager to execute a Standard Public Works
Contract in a form approved by the City Attorney with Vido Samarzich, Inc. in the
amount of $48,290; (3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $48,290.00 grant fund revenue
Additional Appropriation: No
Account Number(s): 501- 300 - 0000 -3703
ORIGINATED BY: Lauren Mahakian, Sr. Administrative Analy
REVIEWED BY: Dana Greenwood, Public orks Director
APPROVED BY: Jack Wayt, City ManageA ,
BACKGROUND AND DISCUSSION:
On March 3, 2009, City Council approved the plans and specifications and authorized staff to
solicit bids for the fabrication, installation and removal of water conservation light pole banners
along Sepulveda Boulevard. On June 18, 2009, the City Clerk's office opened bids that were
submitted by 11:00 a.m. Of the four bids received, AAA Flag and Banner submitted a lower bid
at $21,206.60 but did not include Addendum 1 and was therefore deemed non - responsive by
staff. Vido Samarzich, Inc. submitted the next lowest responsive bid at $48,290. Bids ranged
from $21,206.60 to $52,982.
This project will provide custom - designed double -sided light pole banners to be displayed on
street light poles on Sepulveda Boulevard from Imperial to Rosecrans Avenue. Vido Samarzich,
Inc. has worked for many local cities on these types of projects and is a reputable firm. Staff
recommends awarding this contract to Vido Samarzich, Inc.
8
�uU
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of Plans and Specifications for the
2008 -2009 annual contract for curb, gutter, handicap ramps, sidewalk and other minor
improvements at various locations citywide. Approved Capital Improvement Program.
Project No.: PW 09 -08, CDBG Project No. 601209 -09
(Fiscal Impact: $260,000 - $150,000 CDBG funds, $110,000 Gas Tax funds)
RECOMMENDED COUNCIL ACTION:
1. Adopt Plans and Specifications.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
List of addresses
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $260,000
Additional Appropriation: No
Account Number(s): 111- 400 - 2795 -8441 $150,000 CDBG
106 - 400 - 8203 -8603 $110,000 Gas Tax CIP
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Dana Greenwood, Public�orks Director'°
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
On an annual basis, the City contracts for the repair of displaced sidewalks, curbs and driveways
citywide. This year, funding in the amount of $110,000 is available for sidewalk, curb and
driveway repair from Gas Tax. An additional $150,000 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 Clerks
Office.
iy ^1"
�i V
CITY MAP 2009 Annual Curb, Curb & Gutter
And Sidewalk improvements =`
PW 09 -08
City of 1.1 Segundo
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EL SEGUNDO CITY COUNCIL
MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of Plans and Specifications for the
slurry sealing of the streets in the area bounded by Sheldon Street, Mariposa and Imperial
Avenues and Sepulveda Boulevard.: Project No.: PW 09 -10 (Fiscal Impact: $225,000)
RECOMMENDED COUNCIL ACTION:
I . Adopt Plans and Specifications.
2. Authorize staff to advertise the project for receipt of construction bids.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $225,000
Additional Appropriation: No
Account Number(s): 001- 400 - 4202 -6206
ORIGINATED BY: Maryam M. Jonas, Principal Engineer
REVIEWED BY: Dana Greenwood, Public orks Director
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
The Public Works Department administers a slurry sealing program as a preventive measure to
extend the life of pavement Citywide. The slurry sealing process consists of the application of a
thin asphalt slurry layer on existing asphalt pavement to prevent water intrusion.
The City is divided into five (5) areas for slurry; four quadrants west of Sepulveda Boulevard
and one area east of Sepulveda. Conventional pavement management practice indicates that
asphalt pavement should be slurry sealed at least every eight years. The City five -year cycle
exceeds this standard.
Staff has prepared plans and specifications for the Fiscal Year 2008/09 Slurry Seal Program,
which includes streets within the area bounded by Sheldon Street, Mariposa and Imperial
Avenues and Sepulveda Boulevard. This area was last slurry sealed in 2001/2002.
Funding for this project is available from Gas Tax.
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EL SEGUNDO CITY COUNCIL
A r F.ND A STATEMENT
MEETING DATE: July 21, 2009
AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on -site sale and off -site consumption of alcohol (Type 21 - Off -Sale General) at an existing
market located at 601 Virginia Street (Village Wine and Cigar Shop), EA No. 832 and AUP No.
09 -02. Applicant: Abdo Diab Barakat (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 21 ABC license at 601 Virginia
Street; and /or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report dated June 25, 2009
4. Approval Letter to Applicant dated June 15, 2009
5. Correspondence received from the public
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY:
REVIEWED BY:
APPROVED BY:
Kimberly
Greg Carpenter, P
Jack Wayt, City N
BACKGROUND AND DISCUSSION:
I. Background
AICP Plannin g Manager Mana �'
g
qg and Building Safety Director
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at restaurants, California regulations require a 30 -day review and comment period
after notifying local police and planning departments. The grounds of a protest, if any, should
relate to public health, safety or welfare concerns. Based upon previous Council direction, staff
is providing background information regarding this application.
1 1
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2009 — June 2009,
Exhibit 1) prepared by the Police Department, the proposed market is located in Reporting
District (RD) 104. Based on 2009 reported data prepared by the Police Department, the district
had a total of two Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny -theft, motor vehicle theft and arson) and two felony and misdemeanor arrests
that are not Part I crimes for a total of four crimes. The Police Department and the Planning and
Building Safety Department do not object to a new ABC license for the existing market.
This license request will allow the sale of distilled spirits in addition to the existing beer and
wine sales at the existing market. A request for a new license is required, since the applicant
currently holds a Type 20 license, and the new request is for a Type 21 license for this address
location. The applicant's proposed hours for alcohol sales will be the same as the hours the
market is open. The market's hours of operation are limited to: 8:00 a.m. to 10:00 p.m. on
Monday through Friday; and 8:00 a.m. to 9 p.m. on Saturday and Sunday.
On June 10, 2009, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 832, AUP No. 09 -02) for 601 Virginia Street. The Director's
decision was forwarded to the Planning Commission on June 25, 2009. On June 25, 2009, the
Planning Commission chose to Receive and File the item with the conditions of approval.
ABC license review requires mandatory findings that are regulated by the Department of
Alcoholic Beverage Control. The City's AUP process is separate. The Department of Alcoholic
Beverage Control (ABC) is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before issuing any type of alcohol
license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to a
new Type 21 ABC license at 601 Virginia Street.
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 832\EA -832 AUP 08 -06 CC SR.doc
V .J0
EL SEGUNDO POLICE DEPARTMENT
—. O&Aeco 7nna
PART
I CRIMES AND ARRESTS
PART I CRIMES
3
6
7
6
lz
2
8
1
7
1
0
4
1
5
8
4
9
5
14
li
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5
2
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4
1
3
9
20
16
3
7
4
2 2
3
2
7
32
35
2
0
9
0
STATISTICS BY REPORTING DISTRICT
PART II CRIMES TOTAL
RD
AVERAGE BY RD'
PERCENTAGE
RD °
21 35
20 23
8 12
25 31
10 17
5 11
35 49
27 29
11 13
6 14
7 8
21 35
28 35
16 17
7 8
12 12
12 16
16 17
4 5
16 21
8 16
10 14
21 30
32 37
23 37
9 20
12 20
34 39
11 13
1 10
15 19
3 4
3 6
1 4
2 11
27 47
8 24
2 5
9 16
6 10
4 6
8 10
0 22 3%
9 16
36 68
31 66
4 6
0 0 11
� 0
68%
45%
23%
60
33%
21%
96%
56
25%
27%
15%
68%
68%
33 /o
0
15 /o
23°0%
31%
33%
9%
41%
31%
27%
580%
72%
72%
39%
39%
76%
25%
19%
37%
7%
11%
7%
21%
92%
47%
9%
31%
19%
11%
19%
23%
31%
133%
129%
11%
0%
21%
0%
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
201
202
203
204
205
206
207
208
2
211 0
211
212
301
302
303
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
90
TOTALS 340 647
Number of Reporting Districts = 51
Average # of Part I Crimes per Reporting District = 7
Average # of Part II Crimes per Reporting District = 13
Average # of Crimes and Arrests per Reporting District = 19
(Results from 07/01/2008 through 12/31/2008)
High Crime Area = Reporting District total higher than 23.2
Records /eg
Page 1 2/10/2009 C 9 4
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: June 25, 2009
SUBJECT: Environmental Assessment No. EA -832
Administrative Use Permit No. 09 -02
APPLICANT: Abdo Diab Barakat
PROPERTY OWNER: Al Marco
REQUEST: A Request for an Administrative Use Permit to allow
the sale of beer, wine and distilled spirits at an
existing market (Type 21 State of California
Alcoholic Beverage Control License)
PROPERTY INVOLVED: 601 Virginia Street
I. INTRODUCTION
The Planning and Building Safety Department received an application for an
Administrative Use Permit to allow sale of beer, wine and distilled spirits for off -site
consumption (Type 21 Alcoholic Beverage Control license) at an existing market
(Village Wine and Cigar Shop) at 601 Virginia Street. The project site is located in
the Multi - Family Residential (R -3) Zone on the block bounded to the south by West
Mariposa Avenue and to the north by West Palm Avenue. The existing market is
approximately 3,500 square feet in area. The market currently has an Administrative
Use Permit to allow the sale of beer and wine for off -site consumption (Type 20
Alcoholic Control Beverage License).
II. ANALYSIS
The zoning for the site is Multi - Family Residential (R -3) Zone and the General Plan
land use designation is Multi- Family Residential. The property is developed with a
3,500 square -foot market, a one - bedroom dwelling unit, and a three - bedroom
dwelling unit. The market was recently remodeled and includes a cigar humidor
room and additional refrigeration equipment within the interior floor area. The
business owner in the future plans to include a new service counter for a small
delicatessen and sandwich preparation area in the future. The display and sale of
alcohol will be limited to 50% of the total building area and occupy no more than
v�U
1,000 square feet of the interior shopping floor area. The market will have meat,
poultry, cheese, produce, and other food products available for customers.
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located. The proposed use (on -site sale and off -site consumption of
beer, wine, and distilled spirits at an existing market) requires an Administrative Use
Permit (AUP) in accordance with ESMC § 15 -22 -5. The use of the site as a market
is legal nonconforming. An (AUP) was approved on February 1, 2000 which allowed
the sale of beer and wine for off -site consumption (Type 20 ABC License). The
current (Type 21 ABC) license request is for the on -site sale of beer, wine and
distilled spirits for off -site consumption, which is a permitted accessory use for a
market and is not considered an expansion of the nonconformity.
The site was developed as a market in 1940. The use became legal- nonconforming
in 1947 when the first Zoning Map and Municipal Code was adopted. The site was
zoned R -3 in 1947. In 1953, the site was rezoned to Neighborhood Commercial (C-
2). In 1993, the site was rezoned again to R -3, and the use became nonconforming
a second time.
Legal non - conforming uses are permitted to continue, and remodel or rebuild,
however, they may not be enlarged, expanded, extended, or reestablished after
abandonment. The sale of alcohol is a permitted accessory use to the legal -
nonconforming use and is not considered an expansion of the nonconformity.
The minimum number of required parking spaces for the market is 12 spaces and
there are currently 4 off - street parking spaces on the property. The property is legal
nonconforming as to parking, because it was developed before the current parking
standards. Since no additional square footage is proposed, no additional parking is
required.
The area surrounding the market is composed of single - family residential units to
the west, a multifamily residential area to the north and south, and an elementary
school (Richmond Street Elementary School) across Virginia Street to the east.
These uses are compatible with the purpose and intent of the proposed use. The
market serves the neighboring residential area providing a safe and convenient
place within walking distance. The existing market will continue to meet the needs of
the surrounding residential community and the added sale of distilled spirits for off -
site consumption is accessory to the food sales.
The proposed location and use, and the conditions under which the use would be
operated and maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity. The sale
of alcohol will not create any new impacts that would not be normally associated
with the operation of a market. The parking lot is currently paved with asphalt and is
2
PAPlanning & Building Safety\0 Planning - Old\PROJECTS (Planning) \826 - 850 \EA 832 \EA- 832.pcsr.doc
not expected to generate dust or smoke. The proposed use will not increase noise,
fumes, vibration, odors, traffic, or hazards.
The proposed hours of alcohol sales are limited to Monday through Friday from 8:00
a.m. to 10:00 p.m. and Saturday through Sunday from 8:00 a.m. to 9:00 p.m. The
market is proposed to operate the same hours and there will be no signs on the
building advertising the sale of alcohol. The proposed hours of operation for alcohol
sales and the location of the market will help to minimize impacts on surrounding
uses.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
During the review of this application staff contacted the administration of the El
Segundo Unified School District to inform it of the request and ask if the District had
any concern regarding the proposed use. Staff was informed that the District did not
object to the request and does not intend to protest the license change.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes
an alcohol license for an existing market which results in a minor alteration in the
operation of an existing building involving no expansion of the existing use. The
project is not anticipated to have any significant impacts with regard to traffic, noise,
air quality, or water quality. Moreover, there is no new construction proposed for
this project. There are adequate utilities and public services to serve the project.
IV. INTER- DEPARTMENTAL COMMENTS
V.
The project applications and plans
Departments and are attached to thi s
comments or objections.
RECOMMENDATION
Receive and File.
were circulated to all the relevant City
report. The Police Department had no
3
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 832 \EA- 832.pcsr.doc
LJ8
VI. EXHIBITS
0
A. Administrative Use Permit Approval Letter, dated June 16, 2009
B. Administrative Use Permit application
C. Site Plan
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Chri ensen, AICP, Planning Manager
Department of Planning & Building Safety
Greg rpen)Er, Director
Deo ent of Planning & Building Safety
4
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 832 \EA- 832.pcsr.doc
V J 1
4M
Planning & Building Safety Department
160
June 16, 2009
Abdo Diab Barakat
Elected officials:
Village Wine and Cigar Shop
Kelly McDowell,
601 Virginia Street
Mayor
Eric K. Busch,
El Segundo, CA 90245
Mayor Pro Tern
Carl Jacobson,
Council Member
RE: Environmental Assessment No. EA -832 and
Bill Fisher,
Coun cil Member
Council
Administrative Use Permit (AUP) No. 09 -02
Don Brann,
Council Member
On -Site Sale and off -site Consumption of beer, wine and
Cindy MoR esen,
City Clark
distilled spirits at an Existing market (Type 21 State of
Ralph Lanphere,
city Treasurer
California Alcoholic Beverage Control License)
Address: 601 Virginia Street
Appointed Officials:
Jack Wayt,
City Manager
Mark D. Hensley,
Dear Mr. Barakat:
City Attomey
This letter is to inform you that, in accordance with El Segundo Municipal
Department Directors:
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed your
Bill Crowe,
application for the above - referenced project and the Director of Planning
Assistant City Manager
Cullen,
and Building Safety APPROVED Environmental Assessment No. -8
Deborah
Finance
and Administrative Use Permit No. 09 -02 for the sale of beer, wine an
Robert Hyland,
Human Resources
distilled spirits for off -site consumption at an existing market at
Kevin Smith,
Fire Chief
Brighton,
Virginia Street. The following are the findings and facts in support of each
Debra
Library Services
Carpenter,
finding for this decision:
Greg
Planning and Building
Safety
David Cummings
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Dana Greenwood,
Public Works
Robert Cummings,
Environmental Assessment No. 816
Recreation 6 Parks
Finding 1
www.eisegundo.org
The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act ( "CEQA ") pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
160
`d'
Facts in Support of Finding 1
The project includes an alcohol license for the sale of beer, wine, and distilled
spirits for an existing market which results in a minor alteration in the operation of
an existing building involving no expansion of the existing use. The project is not
anticipated to have any significant impacts with regard to traffic, noise, air quality,
or water quality. Moreover, there is no new construction proposed for this
project. There are adequate utilities and public services to serve the project.
The property is in an urbanized area where it has adequate access and all public
services and facilities are available. The site is currently developed and is not in
an area that is environmentally sensitive. Therefore, the project is not anticipated
to have any significant impacts with regard to traffic, noise, air quality or water
quality.
Administrative Use Permit 09 -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
1. The applicant proposes to provide on -site sale and off -site consumption of beer,
wine, and distilled spirits at an existing market. The 3,500 square -foot building
contains a market that is located in the Multi - Family Residential (R -3) Zone at
601 Virginia Street. The surrounding area is composed of single - family
residential units to the west, a multifamily residential area to the north and south,
and an elementary school (Richmond Street Elementary School) across Virginia
Street to the east. The market currently has an Administrative Use Permit to
allow the sale of beer and wine for off -site consumption (Type 20 Alcoholic
Beverage Control License).
2. The intended hours of alcohol sales are limited from Monday through Friday from
8:00 a.m. to 10:00 p.m., and Saturday through Sunday from 8:00 a.m. to 9:00
p.m. The market is proposed to operate the same hours and there will be no
signs on the building advertising the sale of alcohol.
3. Four on -site parking spaces are provided.
4. The neighborhood market is compatible with the surrounding land uses which
include single - family residential units to the west, multifamily residential units to
the north and south, and an elementary school (Richmond Street Elementary
School) across Virginia Street to the east.
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5. The General Plan land use designation for the site is Multi - Family Residential.
6. The Zoning for the site is Multi - Family Residential (R -3). The proposed use
requires an Administrative Use Permit (AUP) in accordance with ESMC § 15 -22-
5.
7. The market must obtain a State of California Alcohol and Beverage Control
(ABC) license for off -site sale and consumption of alcohol (Type 21).
8. On June 25, 2009, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The zoning for the site is Single - Family Residential (R -3) Zone. The proposed
use (on -site sale and off -site consumption of beer, wine, and distilled spirits at an
existing market) requires an Administrative Use Permit (AUP) in accordance with
ESMC § 15 -22 -5. The use of the site as a market is legal nonconforming. The
market was previously approved for an (AUP) on February 1, 2000 which allowed
the sale of beer and wine for off -site consumption (Type 20 ABC License). The
current (Type 21 ABC) license request is for the on -site sale of beer, wine and
distilled spirits for off -site consumption, which is a permitted accessory use for a
market and is not considered an expansion of the nonconformity.
2. The site was developed as a market in 1940. The use became legal -
nonconforming in 1947 when the first Zoning Map and Municipal Code was
adopted. The site was zoned R -3 in 1947. In 1953, the site was rezoned to
Neighborhood Commercial (C -2). In 1993, the site was rezoned again to R -3,
and the use continued to be legal nonconforming.
3. Legal non - conforming uses are permitted to continue, and remodel or rebuild,
however, they may not be enlarged, expanded, extended, or reestablished after
abandonment. The sale of alcohol is a permitted accessory use to the legal -
nonconforming use and is not considered an expansion of the nonconformity.
4. The minimum number of required parking spaces for the market is 12 spaces
and there are currently four (4) off - street parking spaces on the property. The
property is legal nonconforming as to parking, because it was developed before
3 U
the current parking standards. Since no additional square footage is proposed,
no additional parking is required.
5. The market must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and off -site consumption of alcohol (Type 21).
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
The existing market will continue to meet the needs of the surrounding residential
community and provide additional service with the sale of beer, wine, and
distilled spirits for off -site consumption. The market currently has an
Administrative Use Permit to allow the sale of beer and wine for off -site
consumption (Type 20 Alcoholic Beverage Control License).
2. The surrounding land uses include single - family residential units to the west, a
multifamily residential area to the north and south, and an elementary school
(Richmond Street Elementary School) across Virginia Street to the east. These
uses are compatible with the purpose and intent of the proposed use. The market
serves the neighboring residential area providing a safe and convenient place at
walking distance to purchase food and alcohol that will include distilled spirits.
3. The proposed hours of operation for the market are limited to: Monday through
Friday from 8:00 a.m. to 10:00 p.m., and Saturday through Sunday from 8:00
a.m. to 9:00 p.m.. The sale of alcohol will be the same hours as the market.
Finding 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a market. Any additional traffic trips associated
with the sale of alcohol will be accommodated with the existing four (4) off - street
parking spaces available on the site.
4
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2. The parking lot is currently paved with asphalt and is not expected to generate
dust or smoke. The proposed use will not increase noise, fumes, vibration, odors,
traffic or hazards.
3. The proposed hours of operation for alcohol sales and the location of the market
will help to minimize impacts on surrounding uses.
4. The proposed hours of operation for the market are limited to: Monday through
Friday from 8:00 a.m. to 10:00 p.m., and Saturday through Sunday from 8:00
a.m. to 9:00 p.m.. The sale of alcohol will be the same hours as the market. The
sale of food is required and must be available in the market during the hours of
operation. In addition, the subject site is accessible to pedestrians from the
surrounding area.
5. In addition to complying with the City of El Segundo and the State of California
Department of Alcoholic Beverage Control, the market is subject to County
Health Department regulations that address and monitor impacts of fumes and
odors.
Finding 5
• The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 21).
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Department Director APPROVES the proposed project, subject to the
following conditions:
1. The proposed hours of operation for the market are limited to: Monday through
Friday from 8:00 a.m. to 10:00 p.m. and Saturday through Sunday from 8:00 a.m.
to 9:00 p.m. The sale of alcohol will be limited to the same hours as the market.
Food must be available for sale inside the market during the hours of operation.
Any change to the hours of operation or the hours that alcohol may be sold is
subject to review and approval by the Director of Planning and Building Safety or
designee.
2. The alcohol available for sale within the market will be limited to 50% of the total
building area and occupy no more than 1,000 square feet of the interior shopping
*104
G
floor area. Additionally, there must be meat, poultry, cheese, produce, and other
food products available for sale within the market.
3. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the market is
subject to County Health Department regulations for the storage of food, the
delicatessen, and the future sandwich preparation area.
4. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be sold, and /or the conditions of approval must be
referred to the Director of Planning or designee and Building Safety for approval
and a determination regarding the need for Planning Commission review of the
proposed modification.
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 21 license.
6. 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.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
8. The 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, trash bin debris, debris in the market, or debris in the parking lot. Said
contact's name and phone number must also be available through the restaurant
staff at all times.
9. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
10. 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.
6 �J
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11. 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), Lakewood 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 Planning
Manager'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.
12. 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.
13. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the market, the city may, in its
discretion, take action to review the Administrative Use Permit, including without
limitation, adding conditions or revoking the permit.
14. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
15. The building must comply with California Building and Fire Code requirements,
as adopted by the ESMC.
16, 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. 832 and Administrative Use Permit No. 09 -02. 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 -832 or AUP
09 -02, the Applicant agrees to defend the City (at the City's request and with
7 10 0
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its June 25, 2009 meeting with the
recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 21) at its meeting on July 21, 2009. If you have any questions regarding
this project, please contact Assistant Planner Maria Baldenegro at (310) 524 -2341.
Sincerely,
Greg Cptpenifir, Director
Department of Planning and Building Safety
P: \ \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826 - 850 \EA 832 \EA- 832.AUP LTR.doc
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City of El Segundo
INTER - DEPARTMENTAL CORRESPONDENCE
Date: June 18, 2009
TO: Planning Commission ,
FROM: Kimberly Christensen, AICP, Planning Manager
SUBJECT: Environmental Assessment No. 832 and Administrative Use Permit
(AUP) No 09 -02:
Sale of beer, wine and distilled spirits for off -site consumption at an existing
market (Type 21 State of California Department of Alcoholic Beverage Control
License)
Address: 601 Virginia Street
The applicant submitted several letters in support of Planning Commission Agenda Item H,
after the Planning Commission Agenda packet had been distributed for the June 25, 2009,
meeting. Please see the attached letters.
Attachments:
1. Letter from Judy Bantz and Family dated June 15, 2009
2. Letter from Robert Har�rop and Maureen McNulty - Harrop dated June 16, 2009
3. Letter from Diane Jaffe dated June 16, 2009
4. Letter from John Giovannoni dated June 16, 2009
5. Letter from Janey Fochs dated June 16, 2009
6. Letter from Jeanne Draper dated June 16, 2009
7. Letter from Adam Cameron dated June 16, 2009
8. Letter from Nicole Cameron dated June 16, 2009
Cc: City Council
Jack Wayt, City Manager
Mark Hensley, City Attorney
Karl Berger, Assistant City Attorney
Greg Carpenter, Planning and Building Safety Director
\ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826 - 850 \EA 832 \EA- 832.support letters.doc
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June lb, 2009
Robert Harrop & Maureen McNulty- Harrop
521 Concord Street
El Segundo, CA 90245
To Whom It May Concern:
We are customers of the Village Wine & Cigar Shop on the corner of Mariposa Ave. &
Virginia Street. We have been since they opened. We are able to walk to the store,
because it is very conveniently located less than one block from our home. I have never
heard any complaints regarding the store. We're able to buy groceries as well as beer and
wine. Our 23 year old son also patronizes the establishment. It is popular with our
neighbors.
Sincerely,
4444-
Robert Harrop
J
careen McNulty- Harrop
117
City of El Segundo
Dear City members
I am writing this to you in hopes that you will allow our new neighborhood corner market
to carry the items necessary to remain and flourish on the west side.
As you know, the little corner market has been around for a very long time, (as have I.)
And many have tried to make it work for the neighborhood, hopefully, this time it can.
Because of the many difficulties maintaining a small, neighborhood store they must carry
a little of everything, including liquor. How can it possibly be a negative? The kids go for
the goodies, not the bottles in the back. Also, the owners are hard working good
Christians, who will always take the utmost care in insuring age and proper ID are always
provided. I'm sure the sale of liquor would not harm the neighborhood. Please allow the
owners to expand their inventory to include liquor.
I know I speak for many of my neighbors in joining together in hopes you will allow us,
on the west side, to have the much needed, well stocked market we need and deserve.
Thank you for you time d understanding.
Diane Jaffe
501 W. Mariposa
322 -6518
�.1
6/16/2009
El Segundo, CA 90245
310 - 322 -5646
6/16/2009
To Whom It May Concern,
On behalf of the Barakat's and the Village Wine and Cigar Shop, located at 601 Virginia
Street, I wanted offer my support of this location acquiring a liquor license.
Since Eddie took over the store it has a clean and fresh look. Under the numerous
previous owners the store was dark, disorganized and poorly merchandised.
In consideration of the liquor license I hope that these other items are being weighed.
1. The market has had numerous owners that have gone bankrupt over the last 10
years. The extension of the current liquor license to cover hard liquor will
possibly allow the Market the additional draw to make it financially viable.
2. The market has removed all of the Gumball machines and youth targeted
merchandising. It islooking to attract an adult element in an effort to keep the
neighbor children from loitering in front of the store.
3. The Westside needs a neighborhood market and the Barakat's are working
extremely long hours to cut expenses and keep the market viable. By personally
supervising the integrity of their investment they are making sure that all age
requirements are being met for Lottery, liquor and tobacco sales.
Respectfully,
John Giovannon'
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GLASS INVOICE
THE GLASS IDEA COMPANY
513 Main Street
N2 04 42
El Segundo, CA 90245
Contractor License No. 797868
Phone 310.322.0522
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COMPANY Fax 310.333.0778
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To the City of El Segundo:
As an over 30 -year resident and member of the El Segundo business community, I have
enjoyed the convenience of whatever store that occupied the comer of Mariposa &
Virginia; of late, the Village Cigar & Wine Shoppe.
I find the owners to be honest, considerate residents. Since the shop already sells wine
and beer, I don't see that allowing the sale of hard liquor would be any problem. If I'm
not mistaken, previous stores in that same location have done so, with no negative effect.
This would allow the shop to begin to make money, and so continue to provide the
convenience those of us in the neighborhood have come to enjoy.
Please include the service and convenience the shop provides its neighbors as you
consider the request for full alcohol privileges.
7 amela ly,
T. Miller
200 Virginia St. #2
310.322.7729
2009
PLANNING ti.;
City of El Segundo
Dear City members
I am writing this to you in hopes that you will allow our new neighborhood corner market
to carry the items necessary to remain and flourish on the west side.
As you know, the little corner market has been around for a very long time, (as have I.)
And many have tried to make it work for the neighborhood, hopefully, this time it can.
Because of the many difficulties maintaining a small, neighborhood store they must carry
a little of everything, including liquor. How can it possibly be a negative? The kids go for
the goodies, not the bottles in the back. Also, the owners are hard working good
Christians, who will always take the utmost care in insuring age and proper ID are always
provided. I'm sure the sale of liquor would not harm the neighborhood. Please allow the
owners to expand their inventory to include liquor.
I know I speak for many of my neighbors in joining together in hopes you will allow us,
on the west side, to have the much needed, well stocked market we need and deserve.
Thank you for you time and understanding.
Joe Baerga
501 W. Mariposa #A
322 -6518
t. € U
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on -site sale and on -site consumption of alcohol (Type 41 — On -Sale Beer and Wine) at an
existing restaurant located at 321 Main Street, EA No. 835 and AUP No. 09 -03. Applicant:
George Andrews (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 41 ABC license at 321 Main
Street; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting District (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report dated June 11, 2009
4. Approval Letter to Applicant dated June 2, 2009
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager �
REVIEWED BY: Greg Carpenter, Planet %and Building Safety Director
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at restaurants, California regulations require a 30 -day review and comment period
after notifying local police and planning departments. The grounds of a protest, if any, should
relate to public health, safety or welfare concerns. Based upon previous Council direction, staff
is providing background information regarding this application.
II. Analysis
According to the most recent Crime and Arrest statistics report (July 2008 — December 2008,
Exhibit 1) prepared by the Police Department, the proposed restaurant is located in Reporting
12
2i
District (RD) 108. Based on 2008 reported data prepared by the Police Department, the district
had a total of two Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault,
burglary, larceny- theft, motor vehicle theft and arson) and two felony and misdemeanor arrests
that are not Part I crimes for a total of four crimes. The Police Department and the Planning and
Building Safety Department do not object to a new ABC license for the existing restaurant.
This license request would compliment the food service at a proposed restaurant. A request for a
new license is required, since the applicant does not currently hold a Type 41 license, and there
was no previous license issued for this address location. The applicant's proposed hours of
alcohol sale are expected to be during the hours the restaurant is open. The restaurant's hours of
operation are limited to: 6:00 a.m. to 11:00 p.m. from Monday to Sunday. The outdoor patio
would be open the same hours as the restaurant.
On June 2, 2009, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 835, AUP No. 09 -03) for 321 Main Street. The Director's decision
was forwarded to the Planning Commission on June 11, 2009. On June 11, 2009, the Planning
Commission chose to Receive and File the item with the conditions of approval.
The ABC license review is a separate application from the City's AUP process, which requires
mandatory findings that are regulated by the Department of Alcoholic Beverage Control. The
Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to a
new Type 41 ABC license at 321 Main Street.
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \826- 850\EA- 835\EA -835 AUP 09 -03 CC
SR.doc
EL SEGUNDO POLICE DEPARTMENT
RECORDED
PART I CRIMES AND ARRESTS
RD PART I CRIMES
PERIOD: WLY -
STATISTICS
PART II CRIMES
DECEMBER, 2008
BY REPORTING DISTRICT RD
TOTAL AVERAGE BY RD
PERCENTAGE
101
14
21
35
68%
102
3
20
23
45%
103
4
8
12
23%
104
6
25
31
60%
105
7
10
17
33%
106
6
5
11
21%
107
14
35
49
96%
108
2
27
29
56%
109
2
11
13
25%
110
8
6
14
27%
111
1
7
8
15%
112
14
21
35
68%
113
7
28
35
68%
114
1
16
17
33%
115
1
7
8
15%
116
0
12
12
23%
201
4
12
16
31%
202
1
16
17
33%
203
1
4
5
9%
204
5
16
21
41%
205
8
8
16
31%
206
4
10
14
27%
207
9
21
30
58%
208
5
32
37
72%
209
14
23
37
72%
210
11
9
20
39%
211
8
12
20
39%
212
5
34
39
76%
301
2
11
13
25%
302
9
1
10
19%
303
4
15
19
37%
304
1
3
4
7%
305
3
3
6
11%
306
3
1
4
7%
307
9
2
11
21%
308
20
27
47
92%
309
16
8
24
47%
310
3
2
5
9%
311
7
9
16
31%
312
4
6
10
19%
313
2
4
6
11%
314
2
8
10
190/0
315
3
9
12
23%
316
2
0
2
3%
317
7
9
16
31%
318
32
36
68
133%
319
35
31
66
129%
320
2
4
6
11%
321
0
0
0
0%
322
9
2
11
21%
323
0
0
0
0%
TOTALS
340
647
987
Number of Reporting Districts = 51
Average # of Part I Crimes per Reporting District = 7
Average # of Part II Crimes per Reporting District = 13
Average # of Crimes and Arrests per Reporting District = 19
(Results from 07/01/2008 through 12/31/2008)
High Crime Area = Reporting District total higher than 23.2
Records /eg Page 1 2/10/2009 ° ^.
1�.1
A
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f�
I
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: June 11, 2009
SUBJECT: Environmental Assessment No. EA -835
Administrative Use Permit No. 09 -03
APPLICANT: George Andrews
PROPERTY OWNER: 321 -323 Main St. LLC
REQUEST: A Request for an Administrative Use Permit to allow
the sale and consumption of alcohol for a proposed
restaurant with a (Type 41 Alcoholic Beverage
Control License)
PROPERTY INVOLVED: 321 Main Street
1. INTRODUCTION
The Planning and Building Safety Department received the above referenced
application for an Administrative Use Permit to allow the sale and on -site
consumption of beer and wine at a proposed restaurant at 321 Main Street in the
Main Street District (MSD) within the Downtown Specific Plan (DSP) Zone.
II. ANALYSIS
The applicant is in the process of converting a former retail store into a restaurant.
The size of the proposed indoor and outdoor dining areas and seating counts are
provided in the table on the next page. The Planning and Building Safety Director
made the necessary findings to grant an Administrative Use Permit for the on -site
sale and consumption of alcohol and approved the Administrative Use Permit on
June 1, 2009 (see Exhibit A).
The following chart describes the proposed dining and seating areas:
2 t-
Indoor Dining I 644 SF I 36 seats
Outdoor Dining I 194 SF I 20 seats
Total I 1,740 gross SF I 56 seats
The Downtown Specific Plan requires an Administrative Use Permit for on -site sale
and consumption of alcohol at restaurants (DSP § VI A.4.a). The Administrative Use
Permit is required for the restaurant since there is no current alcohol service or
license at this location. Restaurants are a permitted use in this Zoning District in
accordance with the Downtown Specific Plan Main Street District.
The minimum number of required parking spaces for restaurant uses is based on
the area of the building and dining areas. Parking is not required for outdoor dining
areas less than 200 square feet. The building area and parking requirements are
provided in the table below. The existing restaurant shares 10 parking spaces with
the adjacent Rinaldi's restaurant and is legal nonconforming regarding compliance
with the minimum number of required parking spaces. The proposed outdoor dining
area is less than 200 square feet, and therefore no additional parking is required.
The following chart is the parking analysis for the proposed uses:
z
23
The current and proposed restaurant dining hours of operation are: Monday through
Sunday from 6:00 a.m. to 11:00 p.m. Operating hours may be extended to midnight
(12 a.m.) during citywide special events and /or weekends. Any change to the hours
of operation is subject to review and approval by the Department of Planning and
Building Safety. No live entertainment is proposed.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes
an alcohol license for a proposed restaurant which results in a minor alteration in
the operation of an existing building involving negligible expansion of the existing
use. The project is not anticipated to have any significant impacts with regard to
traffic, noise, air quality, or water quality. There are adequate utilities and public
services to serve the project.
IV. INTER - DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all the relevant City
Departments and are attached to this report.
V. RECOMMENDATION
Receive and File.
VI. EXHIBITS
A. Administrative Use Permit Approval Letter, dated June 2, 2009
B. Interdepartmental Comments
C. Administrative Use Permit application
D. Site Plan /Floor Plan
Prepared by: Bryan Fernandez, Assistant Planner
3
r
Kimberly Chffitensen, AICP, Planning Manager
Departmentof Planning & Building Safety
Ip OA
z 1. Lk
Greg arp nter, Director
Department of Planning & Building Safety
PAPlanning & Building Safety\Planning - Old \PROJECTS (Planning) \801 - 825 \EA - 835 \EA -835 AUP 09 -03 450 Main St.pcsr.doc
2
Planning & Building Safety Department
1
June 2, 2009
George Andrews
Elected Officials:
18202 Prairie Avenue
Kelly McDowell,
Torrance, CA 90504
Mayor
Eric K. Busch,
Mayor Pro Tom
Carl Jacobson,
RE: Environmental Assessment No. EA -835 and
Council Member
Bill Fisher,
Administrative Use Permit (AUP) No. 09 -03
Council Member
n
DonBuncci
On -Site Sale and Consumption of Beer and Wine at a
l Member
Council
CindyMortesen,
Proposed Restaurant (Type 41 State of California Alcoholic
City Clerk
Ralph Lanphere,
Beverage Control License)
City Treasurer
Address: 321 -323 Main Street
Appointed officials:
Dear Mr. Andrews:
Jack Wayt,
City
Mark D.Hensley,r
This letter is to inform you that, in accordance with El Segundo Municipal
CilyAttorney
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed your
application for the above - referenced project and the Director of Planning
Department Directors:
and Building Safety APPROVED Environmental Assessment No. EA -835
Bill Crows,
and Administrative Use Permit No. 09 -03 for the on -site sale and
Assistant City Manager
Deborah Cullen,
consumption of beer and wine at a proposed restaurant at 321 Main
Finance
Robert Hyland,
Street. The following are the findings and facts in support of each finding
Human Resources
Kevin Smith,
for this decision:
Fire Chief
Debra Brighton,
Library Services
Greg Carpenter,
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Planning and Building
Safety
David Cummings,
PoliceCh;e►
Environmental Assessment No. 835
Dana Greenwood,
Public Works
Robert Cummings,
Recreation d Parks
Finding- 1
• The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act ( "CEQA ") pursuant to 14
www.elsegundo.org
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4167
1
Facts in Support of Finding 1
1. The project includes an alcohol license for the sale of wine and beer for a
proposed restaurant which results in a minor alteration in the operation of an
existing building involving negligible expansion of the existing use. No expansion
of the existing building is proposed. The project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality, or water quality.
Moreover, there is no new construction proposed for this project. There are
adequate utilities and public services to serve the project. The property is in an
urbanized area where it has adequate access and all public services and
facilities are available. The site is currently developed and is not in an area that is
environmentally sensitive. Therefore the project is not anticipated to have any
significant impacts with regard to traffic, noise, air quality or water quality.
Administrative Use Permit 09 -03
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 and
wine in a proposed restaurant. The proposed 1,740 square -foot restaurant
includes 644 square -feet of indoor dining and 194 square -feet of outdoor dining
area and is located in the Main Street District within the Downtown Specific Plan
(DSP) Zone at 321 Main Street. The restaurant includes 36 indoor seats and 20
outdoor patio seats for a total of 56 seats.
2. The minimum number of required parking spaces for the restaurant and patio is
13 spaces. The existing shares 10 parking spaces with the adjacent Rinaldi's
restaurant and is legal nonconforming regarding compliance with the minimum
number of parking spaces. The proposed outdoor dining area is less than 200
square feet and therefore no additional parking is required.
3. The restaurant is compatible with the surrounding land uses which include
commercial retail, restaurant, and office uses.
4. The General Plan land use designation for the site is Downtown Specific Plan.
5. The zoning for the site is Main Street District (MSD) in the DSP Zone.
Restaurants are a permitted use in this Zoning District in accordance with DSP
§VI A.2.a.ii. The proposed use (on -site sale and consumption of beer and wine
2
at a restaurant) requires an Administrative Use Permit in accordance with DSP
§VI A.4.a.
6. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of alcohol (Type 41).
7. On June 11, 2009, 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 Downtown Specific Plan.
2. The zoning for the site is Main Street District (MSD) in the DSP Zone.
Restaurants are a permitted use in this Zoning District in accordance with DSP
§VI A.2.a.ii. The proposed use (on -site sale and consumption of beer and wine at
a restaurant) requires an Administrative Use Permit in accordance with DSP §Vl
AA.a.
3. The purpose of the Main Street District is intended for uses to be resident
serving, and provide a pedestrian- oriented and pedestrian - friendly environment.
Retail and service uses should serve the residents, local employees, and visitors
to the city. The proposed use is consistent with the zone in that it serves
residents, local employees, and visitors in a pedestrian- oriented ground floor
level of a restaurant.
4. The proposed use is consistent with the goals, objectives, policies, and programs
of the Downtown Specific Plan by expanding the neighborhood serving
commercial uses, maintaining the "small town" atmosphere with moderate
density, and improves the business environment of Downtown.
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 without adversely affecting the viability of Downtown. The proposed use is
consistent with Land Use Element Objective LU4 -2 in that it serves as a focal
point for the social environment of the community. The proposed use is
consistent Land Use Element Policy LU4 -2.1 as it revitalizes and upgrades
commercial areas, making them a part of a viable, attractive and people- oriented
commercial district.
3
6. The proposed use is consistent with Economic Development Element Goal ED3
in that it preserves and improves the business environment and image of
Downtown El Segundo. The proposed use is consistent with Economic
Development Element Objective ED3 -1 in that it contributes to El Segundo's
commercial options. The proposed is consistent with Economic Development
Element Policies 3 -1.2, 3 -1.3, and 3 -1.5 in that it preserves Downtown's
economic viability, encourages revitalization efforts Downtown, and encourages
a mix of retail and commercial businesses that stimulate pedestrian traffic and
meet the community's need for changing needs for goods and services.
7. The surrounding land uses include: commercial retail, office, and public facilities.
The proposed use is 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 and alcohol service will be located on the ground floor of an
existing restaurant. Parking will be provided on -site.
2. The surrounding land uses include commercial retail, office, and public facilities.
The existing restaurant includes 30 indoor dining seats and 26 outdoor dining
patio seats.
3. The proposed restaurant dining hours of operation are limited to seven days a
week (Monday through Sunday) from 6:00 a.m. to 11:00 p.m. Food service and
alcohol would be available in both the indoor and outdoor dining areas during the
dining hours. No live entertainment is proposed.
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with an indoor dining area and
outdoor patio area.
4 i��
2. The proposed hours of operation for alcohol sales and the location of the
restaurant will help to minimize impacts on surrounding uses.
3. The proposed restaurant dining hours of operation are limited to seven days a
week (Monday through Sunday) from 6:00 a.m. to 11:00 p.m. Food service and
alcohol would be available in the indoor and outdoor dining areas during the
dining hours. No live entertainment is proposed. In addition, the subject site is
accessible to pedestrians from the surrounding area and the downtown.
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.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Director APPROVES the proposed project, subject to the following
conditions:
1. The proposed restaurant dining hours of operation are limited to: seven days a
week (Monday through Sunday) from 6:00 a.m. to 11:00 p.m. The use of the
outdoor dining patio must be limited to the same hours as the restaurant. Food
service must be available in the indoor and outdoor dining areas during all hours
of operation. Alcohol service must be limited to the same hours that food service
is available. 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 or designee.
2. The seating within the restaurant must be limited to 30 seats in the indoor dining
area and 26 seats in the outdoor dining patio area for a total of 56 seats.
3. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be served, and /or the conditions of approval musl
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. 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 41 license.
5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
6. 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.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
8. The 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.
9. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the 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.
10. 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.
11. 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.
12. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
6 i 14
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood 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 Planning
Manager'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.
13. 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.
14. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, and patio, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
15. The outdoor dining /seating areas must comply with ESMC § 15 -2 -16.
16. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
17. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
18. 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. 835 and Administrative Use Permit No. 09 -03. 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 -835 or AUP
09 -03, the Applicant agrees to defend the City (at the City's request and with
.3J
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its June 11, 2009 meeting with the
recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on July 7, 2009.
If you have any questions regarding this project, please contact Bryan Fernandez,
Assistant Planner, at (310) 524 -2343.
Sincerely,
GrefiPrppfiter, Director
Ded6rtment of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \826- 850 \EA 835\ EA -835 AUP 09 -03 321 -323 Main St. AUP
LTR.doc
s :i36
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to negotiate pricing with The Jones Payne Group for Design
and Testing Services related to the Residential Sound Insulation (RSI) Program.
(Fiscal impact: None)
RECOMMENDED COUNCIL ACTION:
1. Authorize staff to negotiate pricing with The Jones Payne Group for Design and Testing
Services; and/or
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted:
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -6214
ORIGINATED BY: James S. O'Neill, Pro 11 m�Vlanage
REVIEWED BY: Greg Carpenter, Director Pl g and Building Safety
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Federal Aviation Administration (FAA) regulations require consultants utilized for consultant
services related to the City's Residential Sound Insulation (RSI) Program to be selected based on
qualifications, not cost, and prices are to be negotiated after selection.
At its meeting on April 3, 2007, the City Council authorized staff to draft and advertise a
Request for Qualifications (RFQ) for Design and Testing Services and Labor Compliance
Services related to the RSI Program. On September 11, 2007 the City Clerk's Office received
Statements of Qualifications (SOQs) from five (5) consulting firms for Design and Testing
Services.
A review committee comprised of the RSI Program Manager, Assistant City Manager and the
Director of Planning and Building Safety met with all firms for oral presentations and interviews
on November 27, 2007 and ranked the firms as follows:
Design and Testing Services:
1. Wyle Laboratories, Inc.
2. The Jones Payne Group
3. THC
4. Corlett, Skaer & DeVoto Architects
5. Carla Kell -Smith and Associates
i � i
On December 18, 2007, City Council selected Wyle Laboratories, Inc. to provide Design and
Testing Services and a contract was awarded to them on March 18, 2008.
In the sixteen (16) months that has followed, it has become apparent to staff that the program
would benefit from two (2) consultants providing these services. With two consultants, there is
greater potential for providing more completed designs in the same time period, allows for the
program to benefit from the collective experience of two consultants, and "doesn't put all of our
eggs in one basket" should problems arise.
The City has witnessed a number of issues that are affecting its ability meet its goal of treating
300 homes annually; most notably the City having to reject Contractor Bids and re -Bid projects
(e.g. "Groups ") and lower bid prices from Contractors. Staff is of the opinion that this is
primarily related to the slowing economy and heightened competition for RSI Projects (as
evidenced by the aggressive protesting of Bids witnessed by the City on recent RSI Projects.)
Staff recommends increasing the number of homes designed to alleviate any concerns that the
City would not spending FAA and LAWA grant money in a timely manner and would be best
served if this were accomplished with two consultant firms. Staff is therefore recommending
that the City hire a second consulting firm to supplement the design and testing services provided
by Wyle.
Staff is expecting to recommend a contract extension be awarded to Wyle, once negotiated (Staff
is currently negotiating with Wyle for that extension and expects to present to City Council in
August) that would result in completed designs for approximately two hundred (200) homes, and
a new contract would be negotiated with The Jones Payne Group to provide completed designs
for an additional two hundred (200) homes. Staff would expect that this would allow for
construction to be completed at approximately 400 homes in 2010 to make up for the shortfall of
construction in 2009.
Most other RSI Programs have hired multiple consultants in recent years. (The City of
Inglewood currently utilizes four different design consultants on its RSI Program.)
As The Jones Payne Group was ranked as the second firm in the RFQ process, staff is requesting
authorization to negotiate pricing with the Jones Payne Group (JPG) to explore the feasibility of
entering a contract with JPG for those services.
38
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: July 21, 2009
AGENDA HEADING: Consent Agenda
Consideration and possible action to adopt Ordinance No. 1430 approving Development
Agreement No. 09 -01 (Third Amendment to Development Agreement No. 03 -01 with
Rosecrans - Sepulveda Partners 2, LLC and PES Partners, LLC for EA 631) for the Plaza El
Segundo project located at 710 -850 South Sepulveda Boulevard, 700 -740 Allied Way, and 2005-
2015 East Park Place. Such action would allow the following uses: 1) Fast food restaurants
south of the current locations of the Union Pacific Railroad or the Burlington Northern Santa Fe
Railroad lines (southwest portion of the site); 2) banks and similar institutions up to a total of
10,000 square feet of floor area; 3) day spas up to a total of 10,000 square feet of floor area; 4)
health clubs and fitness centers up to a total of 10,000 square feet of floor area; 5) indoor sale of
motorcycles, motor scooters and the sale of related parts and accessories only as an ancillary use;
and 6) dance and music instruction studios up to 6,000 square feet of floor area. (Fiscal Impact:
None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1430 for Development Agreement No. 09 -01;
and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1430
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen,
AICP, Planning Manager.
REVIEWED BY: Greg Carpenter, Director Planning and Building Safet'
APPROVED BY: Jack Wayt, City Manage
I. Back round and Discussion
On June 16, 2009, the City Council introduced an Ordinance to approve Development
Agreement No. 09 -01 (Third Amendment to Development Agreement No. 03 -01). The
Ordinance was read into the record and is presented for a second reading and adoption. If
adopted without change, Ordinance No. 1430 will become effective in 30 days.
P:\Planning & Building Safety\Planning - Old\PROJECTS (Planning) \826- 850\EA 831 \Council Docs\EA -831 DA Amend ORD
CC sr 2ndreading 072109.doc
14
3�
ORDINANCE NO. 1430
AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT NO. 03 -01
BETWEEN ROSECRANS - SEPULVEDA 2, LLC, AND ROSECRANS-
SEPULVEDA 3, LLC (PES PARTNERS, LLC), AND THE CITY OF EL
SEGUNDO AFFECTING THE PLAZA EL SEGUNDO DEVELOPMENT.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On March 15, 2005, the City Council of the City of El Segundo approved
Environmental Assessment No. 631, General Plan Amendment (GPA No.
03 -4), Zone Change (ZC No. 03 -2) and Subdivision (SUB 03 -7, Vesting
Tentative Tract Map No. 061630), and Development Agreement No. 03-
01, to re- designate and re -zone an approximately 54.9 -acre property at
the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. The
applicant is developing a 425,000 square foot shopping center, known as
Plaza El Segundo;
B. On July 17, 2007, the City Council approved Environmental Assessment
No. 763 and a Development Agreement amendment DA 07 -02 ( "First
Amendment ") to the original Development Agreement. The amendment
allowed Health Clubs and Fitness Centers, provided such uses did not
exceed 6,500 square feet of floor area;
C. On February 19, 2008, the City Council approved Environmental
Assessment No. 768 for an expansion of Phase 1 of the project (Phase
1 B) and a second Development Agreement amendment DA 07 -03
( "Second Amendment "). This amendment allowed Health /Skin Care uses,
not to exceed two tenants and 3,000 square feet of floor area for each.
The amendment also allowed automobile sales uses with up to 5,000
square feet of floor area;
D. On March 20, 2009, the applicant filed an application for a third
amendment ( "Third Amendment ") to Development Agreement No. 03 -01;
C. The application from PES Partners, LLC was reviewed by the City's
Planning and Building Safety Department for, in part, consistency with the
General Plan and conformity with the El Segundo Municipal Code
( "ESMC ");
D. In addition, the City reviewed the project's environmental impacts under
the California Environmental Quality Act (Public Resources Code §§
21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal.
Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the
-1- 1`i��
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning Commission held a public hearing regarding the application
on May 28, 2009. Thereafter, the Planning Commission adopted
Resolution No. 2655, recommending that the City Council amend
Development Agreement No. 03 -01;
F. On June 16, 2009, the Council held a public hearing and considered the
information provided by the Planning Commission, City Staff, public
testimony, and representatives of the applicant PES Partners, LLC; and
G. This Ordinance and its findings are made based upon the testimony and
evidence presented to the Council at its June 16, 2009, public hearing
including, without limitation, the staff report submitted by the Planning and
Building Safety Department.
SECTION 2: Environmental Assessment. Because of the findings set forth in Planning
Commission Resolution No. 2655, adopted May 28, 2009, and the facts set forth in the
administrative record including, without limitation, the staff report presented to the City
Council, the proposed Third Amendment to Development Agreement No. 03 -01 is
consistent with the FEIR, entitled Sepulveda/Rosecrans Site Rezoning and Plaza El
Segundo Development Final Environmental Impact Report (State Clearinghouse No.
2003121037), certified by the City Council on March 15, 2005 and the Statement of
Overriding Considerations adopted in Section 5 of City Council Resolution No. 4415 on
March 1, 2005. None of the elements set forth in Public Resources Code § 21166 or
CEQA Guidelines § 15162 exist. Accordingly, the City need not prepare a subsequent
or supplemental Environmental Impact Report, Mitigated Negative Declaration, or
Addendum before the City Council adopts this Ordinance approving the Third
Amendment to Development Agreement No. 03 -01. Nevertheless, the City Council
reaffirms and readopts the Statement of Overriding Considerations set forth in Exhibit
"A" to Resolution No. 4415 adopted by the City Council at a duly noticed public hearing
on March 15, 2005, which is incorporated by reference as if fully set forth in this
Ordinance.
SECTION 3: Amendments to the Development Agreement. Development Agreement
No. 03 -01 is amended as set forth in attached Exhibit 'A" which is incorporated into this
Ordinance by reference.
SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end; the provisions
of this Ordinance are severable.
SECTION 5: This Ordinance will remain effective until superseded by a subsequent
ordinance.
-2-
SECTION 6: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
-3-
PASSED, APPROVED AND ADOPTED this 21st day of July 2009.
Kelly McDowell, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting held on
the 16th day of June 2009, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 21 st day of July, 2009, and the same was so
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
PAPlanning & Building Safety \Planning- Old\PROJECTS (Planning) \826 - 850 \EA 831 \EA -831 CC Ordinance 07.21.09
4�
-4-
EXHIBIT A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code § 6103
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
BY AND AMONG
THE CITY OF EL SEGUNDO AND
ROSECRANS - SEPULVEDA PARTNERS, 2, LLC AND
PES PARTNERS, LLC
(AREA A)
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY
ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT
CODE §65868.5
44386 \1273112v18
6/17/2009 'L
TABLE OF CONTENTS
Page
1. Recitals ................................................................................................... ..............................1
2. Amendments to Section 4.1 of the Development Agreement ................ ..............................4
3. Remainder of Development Agreement to Remain in Full Force and Effect ......................4
DEFINITIONS.............................................................................. ............................... EXHIBIT A
6/17/2009
44386V273112v18 i 14 ��
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
This Third Amendment to Development Agreement ( "Third Amendment ") is made and entered
into by and among the CITY OF EL SEGUNDO, a municipal corporation ( "City ") and
ROSECRANS - SEPULVEDA PARTNERS, 2, LLC, a Delaware limited liability company ( "RSP
2 ") and PES PARTNERS, LLC, a Delaware limited liability company ( "PESP ") as of this
day of , 2009. RSP 2 and PESP are hereinafter referred to collectively as
"Developer." City and Developer are referred to hereinafter individually as "Party" and
collectively as "Parties." In consideration of the mutual covenants and agreements contained in
this Third Amendment, City and Developer agree as follows:
1. Recitals. This Third Amendment is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the Parties:
1.1 RSP 2's and PESP's predecessor -in- interest, Rosecrans- Sepulveda
Partners, LLC ( "RSP "), and the City are parties to a Development Agreement dated March, 2005
(the "Development Agreement "), which Development Agreement was recorded on April 6, 2005
in the Official Records of Los Angeles County as Instrument No. 05 0797875.
1.2 Unless otherwise stated in this Third Amendment, all capitalized terms
used in this Third Amendment will carry the same definitions as those set forth in the
Development Agreement.
1.3 On November 10, 2005, RSP and RSP 2 executed an Assignment and
Assumption Agreement (the "RSP 2 Assignment ") whereby RSP conveyed to RSP 2, in
accordance with the provisions of Section 3 of the Development Agreement, RSP's right, title,
and interest in and to the Development Agreement and the Project Approvals with respect to
approximately 4.7 acres of the Property (the "RSP 2 Property "). The RSP 2 Assignment was
recorded on January 19, 2006 in the Official Records of Los Angeles County as Instrument No.
06 0128517.
1.4 On November 10, 2005, RSP and PESP's predecessor -in- interest,
Rosecrans- Sepulveda Partners, 3, LLC ( "RSP 3 ") executed an Assignment and Assumption
Agreement (the "RSP 3 Assignment ") whereby RSP conveyed to RSP 3, in accordance with the
provisions of Section 3 of the Development Agreement, RSP's right, title, and interest in and to
the Development Agreement and the Project Approvals with respect to approximately 37.3 acres
of the Property (the "PESP Property" and/or "Phase IA "). The RSP 3 Assignment was recorded
on January 19, 2006 in the Official Records of Los Angeles County as Instrument No. 06
0128518.
1.5 On July 31, 2007, RSP 3 executed an Assignment and Assumption
Agreement ( "PESP Assignment ") whereby RSP 3 conveyed to PESP, in accordance with the
provisions of Section 3 of the Development Agreement, RSP 3's right, title and interest in and to
the Development Agreement and the Project Approvals with respect to the PESP Property. The
PESP Assignment was recorded on August 3, 2007 in the Official Records of Los Angeles
County as Instrument No. 2007 1838772.
44386 \1273112v18
1 6/17/2009 1 - U
1.6 As of June 19, 2007, City, RSP 2 and RSP 3 executed Operating
Memorandum No. 1 to the Development Agreement ( "Operating Memorandum No. I"), which
Operating Memorandum No. 1 was recorded on August 14, 2007 in the Official Records of Los
Angeles County as Instrument No. 20071901777.
1.7 As of July 30, 2007, City, RSP 2 and RSP 3 executed a First Amendment
to Development Agreement (the "First Amendment ") which First Amendment was recorded on
October 2, 2007 in the Official Records of Los Angeles County as Instrument No. 20072256909.
1.8 As of March 4, 2008, City, RSP 2 and PESP executed a Second
Amendment to Development Agreement (the "Second Amendment ") which Second Amendment
was recorded on March 25, 2008 in the Official Records of Los Angeles County as Instrument
No. 20080507797. For purposes of this Third Amendment, the term "Development Agreement'
shall include the First and Second Amendments.
1.9 The limitations imposed within the Development Agreement were
intended primarily to insure that the Project provide primarily high quality retail uses. Based
upon evolution of the Project and the current economic climate, the Developer believes that the
addition of a very limited square footage of certain service - oriented businesses may provide an
excellent complement to the retail tenant base and, in fact, have and will greatly assist in insuring
the survival of the small tenants who are not destination - oriented. The addition of the proposed
uses within this Third Amendment is consistent with the goal of maintaining a thriving high
quality retail center and with the attendant production of sales tax proceeds to the City. Without
these uses, the Developer believes that the vacancies that currently exist will remain for the
foreseeable future and the boutique tenants will face a greater chance of failure.
1.10 Section 4.1.3 of the Development Agreement prohibits "Fast Food"
restaurants south of the current locations of the Union Pacific Railroad or the Burlington
Northern Santa Fe Railroad lines, in that portion of the Project currently known as "Phase 113".
This Third Amendment revises the restriction to be consistent with the restriction imposed upon
Phase 1, to allow Fast Food uses to exist provided that no such uses will be allowed within 150
feet of Sepulveda Boulevard. The original Phase 1 portion of the project contained
approximately 50% of the land area, all of which was located in close proximity to Sepulveda
Boulevard. The project was subsequently expanded to include an additional area of
approximately 4 acres, adjacent to and east of the original acreage. The City was concerned
about a proliferation of fast food establishments adjacent to Sepulveda Boulevard. The revised
Phase 1 and Phase 1B design and the 150 -foot restriction will prevent that from occurring and
the modification will allow the Owners the flexibility required in order to complete the leasing of
the proposed development.
1.11 Section 4.1.4 of the Development Agreement limits the number of banks
in the Project to one, and the number of day spas to one with a minimum floor area of 5,000
square feet. This Third Amendment permits bank, savings and loan and/or credit union uses up
to a maximum total area of 10,000 square feet of floor area, and permits day spa uses limited to a
total of 10,000 square feet of floor area. While banks /savings & loan/credit unions do not
provide direct sales tax proceeds, the ability of the Owners to lease to this type of tenant will
provide a convenience factor for shoppers and, perhaps more importantly, may provide the
r7
44386\ 1273112v l 8 2 6/17/2009 1
Owners the critical mass of leasing required in order to finance the Phase 1B project. The day
spa usage is perhaps of greater importance with respect to drawing the type of customer base that
complements the other retailers.
1.12 Section 4.1.6 of the Development Agreement limits the use of a health
club or fitness center to one, not to exceed 6,500 square feet of leasable floor area. This Third
Amendment permits an additional health club or fitness center, provided the totality of the two
permitted health clubs or fitness center do not exceed 10,000 square feet of floor area. The
Developer believes that this type of usage provides a desirable service to the same customer base
that will shop in the remaining stores.
1.13 Section 4.1.9 is added by this Third Amendment as a clarification that the
retail of new motorcycle and motor scooters is an allowed use. This may provide significant
sales tax in the event such use is implemented.
1.14 Section 4.1.10 is added by this Third Amendment to allow the uses of a
dance instruction and music instruction studio as allowable uses. These uses are intended to be
primarily oriented towards children, and it is anticipated that parents will remain in the center
and shop or dine while lessons are underway. Lessons are typically not offered during the busy
lunchtime period and, as such, parking will not be impacted during that period. Adult classes
may also be offered, but generally during off -peak hours, primarily morning and late afternoon
or evening.
1.15 The City Council has determined that none of the elements set forth in
Public Resources Code Section 21166 or Section 15162 of the State CEQA Guidelines ( "CEQA
Guidelines ") exists and therefore has determined, in accordance with Public Resources Code
Section 21166 and Section 15162 of the CEQA Guidelines, that no subsequent or supplemental
Environmental Impact Report or Mitigated Negative Declaration is required to be prepared prior
to adopting the Ordinance approving this Third Amendment.
1.16 Section 15 of the Development Agreement provides for amendment of the
Development Agreement upon mutual consent of the parties and in accordance with the
procedures established by the Development Agreement Act. The City Council has found that
this Third Amendment has been adopted in conformance with the procedures of the
Development Agreement Statute set forth in Government Code Section 65865, et seq.
1.17 On May 28, 2009, the Planning Commission held a duly noticed public
hearing on this Third Amendment and, at the conclusion thereof, adopted Resolution No. 2655,
recommending to the City Council approval of this Third Amendment.
1.18 On June 16, 2009, the City Council held a duly noticed public hearing on
this Third Amendment and, at the conclusion thereof, introduced Ordinance No. 1430 and on
July 21, 2009, the City Council adopted Ordinance No. 1430 approving this Third Amendment.
Ordinance No. 1430 became effective on August 21, 2009.
2. Amendments to Section 4.1 of the Development Agreement. Section 4.1 of the
Development Agreement is hereby amended to revise Sections 4.1.3, 4.1.4 and 4.1.6 and to add
new Sections 4.1.9 and 4.1.10 to read as follows:
44386 \127311208 3 6/17/2009
"4.1.3 Fast Food Restaurants. Unless such use is incidental to the primary
business of an occupant of a building, "Fast food" restaurants shall not be allowed within
150 feet of Sepulveda Boulevard or within 150 feet of Rosecrans Avenue. "Fast food"
restaurant is defined as "A restaurant where customers purchase food and beverages and
either consume the food and beverages on the premises within a short period of time or
take the food and beverages off the premises. Typical characteristics of a fast food
restaurant include but are not limited to, the purchase of food and beverages at a walk -up
window or counter, no table service by a server, payment for food and beverages prior to
consumption, and the packaging of food and beverages in disposable containers. A
restaurant shall not be considered a fast food or take -out restaurant solely on the basis of
incidental or occasional take -out sales.
"4.1.4 Banks and Day Spas. Bank, savings and loan and/or credit union uses
shall be permitted, provided such uses do not exceed a total of 10,000 square feet of floor
area. Day spas shall be permitted, provided such uses do not exceed a total of 10,000
square feet of floor area."
"4.1.6 Health Clubs and Fitness Centers. No health club or fitness center shall be
permitted except as follows: up to two (2) health clubs or fitness centers shall be
permitted, provided that no such use exceeds 6,500 square feet and the combined square
footage of both does not exceed in total 10,000 square feet of leasable floor area."
"4.1.9 Motorcycle and Motor Scooter Sales. The indoor sale of motorcycles
motor scooters shall be permitted and the sale of related parts and accessories shall only
be permitted as an ancillary use. No outdoor display or storage, and no on site repair or
maintenance shall be permitted in conjunction with the sale of motorcycles or motor
scooters or as a stand alone use."
"4.1.10Dance and Music Instruction Studios. Dance and music instruction
studios and ancillary uses shall be permitted, provided such uses do not exceed a total of
6,000 square feet of floor area."
3. Remainder of Development Agreement to Remain in Full Force and Effect. Except as set
forth in this Third Amendment, all terms and conditions of the Development Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, Developer and City have executed this Third Amendment on the
date first above written.
CITY:
44386 \1273112v18 4 6/17/2009 14 9
CITY OF EL SEGUNDO, a municipal corporation
M.
ATTEST
Cindy Mortesen
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Kelly McDowell, Mayor
[SIGNATURES CONTINUED ON NEXT PAGE]
-�, r
44386 \1273112vl8 5 6/17/2009 1 v U
DEVELOPER
ROSECRANS - SEPULVEDA PARTNERS, 2,
LLC, a Delaware limited liability company
By: CCA Sepulveda, LLC, a California
limited liability company
Its: Managing Member
By:_
Name:
Its:
By:
Name:
Its:
PES PARTNERS, LLC,
a Delaware limited liability company
By: Rosecrans - Sepulveda Partners 3, LLC,
a Delaware limited liability company
Its: Sole Member
By: CCA Sepulveda, LLC
a California limited liability
company
Its: Managing Member
By:_
Name:
Its:
By:_
Name:
Its:
44386 \1273112v18
6 6/17/2009 3 1
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On , 2009 before me, (here insert name of the
officer), Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On , 2009 before me, (here insert name of the
officer), Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
44386 \1273112v18 7 6/17/2009 �'
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On , 2009 before me, (here insert name of the
officer), Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
STATE OF CALIFORNIA )
ss:
COUNTY OF LOS ANGELES )
On , 2009 before me, (here insert name of the
officer), Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
[Seal]
6/17/2009
44386 \127311208 8 .L v
EXHIBIT "A"
DEFINITIONS
44386 \127311208 Definitions -1 6/17/2009.1
Section
...............................
...... 1.16
CEQA Guidelines .................................................................
Introduction
City ............................................................................... ...............................
...........
Developer.............................................................. ...............................
...............................
...................Introduction
1.1
Development Agreement ........................................................
............................... 1.7
FirstAmendment .........................................................................................
No. 1 ...............................
........ 1.6
Operating Memorandum .............................................
Party/Parties ........................................................................ ...............................
Introduction
Introduction
PESP ..........................................................................................
...............................
1.5
PESPAssignment .........................................................................................
...............................
1.4
PESPProperty ...............................................................................................
...............................
1.4
PhaseIA .......................................................................................................
...............................
1.8
Phase1B ........................................................................................................
...............................
1.8
Phase1B Property .........................................................................................
...............................
1.1
RSP
.....
Introduction
RSP 2 ............................................................................................
...............................
1.3
RSP2 Assignment ........................................................................................
...............................
1.3
RSP 2 Property
.............
1.4
RSP3 ............................................................................................................
...............................
1.4
RSP3 Assignment ........................................................................................
...............................
1.8
Second Amendment ............................................................. ...............................
....
ThirdAmendment ........................................................ ...............................
...................Introduction
44386 \127311208 Definitions -1 6/17/2009.1
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding authorizing the City Manager to purchase two new
alternative fuel (hybrid) vehicles at a cost not to exceed $63,000 for use by the Planning and
Building Safety Department. (Fiscal Impact: $63,000.00; Air Pollution Reduction Fund)
RECOMMENDED COUNCIL ACTION:
1) Authorize the City Manager to approve the purchase of two alternative fuel (hybrid) vehicles
for use by the Planning and Building Safety Department; and /or
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
N/A
FISCAL IMPACT: $63,000
Amount Budgeted: $24,000.
Additional Appropriation: $39,000 (Fund balance currently has $63,000)
Account Number(s): 115- 400 - 0000 -8105
ORIGINATED BY: Sam Lee, Building Official
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety 9
APPROVED BY: Jack Wayt, City Manager A
I. Background and Discussion
The City has budgeted for the purchase of one low emission hybrid vehicle for use by the
Department's building inspectors through the FY 2008/2009 Planning and Building Safety
Department budget, Air Pollution Reduction Fund (Account 115). The fund balance is currently
at $63,000. The State provides these funds to the City pursuant to the AB 2766 Subvention Fund
Program administered by the South Coast Air Quality Management District (SCAQMD).
Since 1991, local governments have received AB 2766 funds generated by a portion of the motor
vehicle registration fee surcharge by the Department of Motor Vehicles (DMV) that must be
used to implement qualified programs that reduce air pollution from motor vehicles in
compliance with federal and State Clean Air Acts. This purchase is an eligible AB 2766
expense.
Staff calculated* the carbon footprint emitted by vehicles currently being used and by ones that
are proposed. The results are as follows:
P: \Planning & Building Safety \0 Administrative \Council Staff Reports \Council Staff Reports
2009 \Hybrid Vehicle Purchase Request 2009.doc G. 11 7" is
1�J
Current Vehicles:
2 Ford Crown Victorias (1997) 14.48 tonnes of CO2 per year @ 12,000 miles per year
Proposed Vehicles:
2 New Ford Escape Hybrids FWD 7.68 tonnes of CO2 per year @ 12,000 miles per year
* www.carbonfootprint.com /calculator
Additionally, staff has had numerous problems with the 1997 Crown Victorias. In addition to a
long list of repairable items, they've stalled on the road and, in some cases, do not start in the
morning. High fuel and repair costs have become an issue and, more importantly, lack of
reliability has impacted our ability to provide quality customer service.
Staff recommends the City Council authorize the City Manager to purchase two new alternative
fuel (hybrid) vehicles at a cost not to exceed $63,000 for use by the Planning and Building Safety
Department.
P: \Planning & Building Safety \0 Administrative \Council Staff Reports \Council Staff Reports
2009 \Hybrid Vehicle Purchase Request 2009.doc
itJl)
EL SEGUNDO CITY COUNCIL
MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to amend the City Manager's contract for purposes of
increasing his salary and benefits. (Fiscal Impact: $30,000 plus a potential additional
$12,000 depending on whether the City Manager participates in the City's Deferred
Compensation Plan))
RECOMMENDED COUNCIL ACTION:
1) Approve Amendment No. 1 to the City Manager's Contract;
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Amendment No. 1 to City Manager's Contract
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Mark Hensley, City Attorney
REVIEWED BY:
APPROVED BY: Jack Wayt, City Mana er
BACKGROUND AND DISCUSSION:
On June 2, 2009 the City Council met in closed session with the City's appointed labor
negotiator, the City Attorney, for purposes of negotiating the terms and conditions of the City
Manager's contract. Based upon the negotiations, the City Council and City Manager have
(subject to final action being taken by the City Council) agreed to the following changes to the
City Manager's contract:
1. The City Manager's annual base salary shall be increased (effective October 1, 2010) from
$210,000 to $240,000; and,
2. The City Manager shall be entitled to participate in the deferred compensation plan offered to
other executive level staff, and,
3. The City Manager shall be entitled on October 1, 2009, to accrue in advance vacation time
for the period of October 1, 2009 through September 30, 2010. However, in the event that
the City Manager were to leave prior to September 30, 2010, an adjustment would be made
to ensure that he only receives the benefit of the actual number of hours that he would have
accrued as of the date of his separation from the City.
16
iJ�
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
THIS AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
( "AMENDMENT NO. 1") is entered into this 21st day of July, 2009, between the
City of El Segundo ("CITY") and Jack Wayt ("EMPLOYEE") with respect to that
certain EMPLOYMENT AGREEMENT entered into between the CITY and
EMPLOYEE on the 19th day of August, 2008 ( "AGREEMENT ").
The CITY and EMPLOYEE do hereby agree to amend the following
Sections of the AGREEMENT and replace such sections in their entirety with the
following language:
SECTION 3. TERMINATION OF EMPLOYMENT
(A) Through and including September 30, 2010, CITY may only
terminate this AGREEMENT based upon (i) EMPLOYEE's willful misconduct,
including without limitation, intentionally failing to fulfill EMPLOYEE's duties set
forth in SECTION 2 of the AGREEMENT; or (ii) conviction of EMPLOYEE of a
crime involving moral turpitude. In the event that EMPLOYEE is terminated for
cause pursuant to item (i) or (ii) of the preceding sentence, CITY shall only be
obligated to pay EMPLOYEE for unused executive, vacation and sick leave.
The CITY shall have the right to terminate this AGREEMENT without cause prior
to September 30, 2010, provided the CITY pays EMPLOYEE the lesser of (i) the
cash equivalent of 12 months of salary (not including benefits) or (ii) the cash
equivalent of the amount of salary (not including benefits) the EMPLOYEE would
receive if the EMPLOYEE were to remain employed by the CITY through and
including September 30, 2010. The CITY shall also have the right to terminate
this AGREEMENT with or without cause, at no cost to the CITY other than salary
and benefits due to the EMPLOYEE for the number of days the EMPLOYEE
works, so long as the AGREEMENT is terminated on October 1, 2009, or any
date thereafter by CITY providing EMPLOYEE 30 days prior written notice of its
intention to terminate this AGREEMENT;
(B) EMPLOYEE may terminate this AGREEMENT at any time upon
thirty -days written notice to the Mayor of CITY. EMPLOYEE shall not be entitled
to any compensation upon such a termination except for unused executive,
vacation and sick leave as set forth in Section 3 (C);
(C) Upon any termination of this EMPLOYEE's employment, in addition
to amounts due EMPLOYEE, if any, as identified in subsection (A) above, CITY
shall pay EMPLOYEE upon the effective date of such termination, an amount
equal to the value of the employee's accumulated, but unpaid and unused
executive, vacation (as potentially modified by Section 4(C) below) and sick
leave, calculated at EMPLOYEE's rate of pay on the date of termination.
J$
SECTION 4. COMPENSATION
(A) EMPLOYEE's annual base salary is $210,000 which shall be paid
in equal bi- weekly payments. Effective October 1, 2009, EMPOYEES annual
salary shall be increased to $240,000. Any increase in compensation must be in
writing and signed by the parties;
(B) CITY shall pay EMPLOYEE for professional membership dues and
fees and attendance at conferences as such may be budgeted by the CITY.
EMPLOYEE shall also be reimbursed upon presentation to CITY of verified
receipts for sums necessarily incurred by EMPLOYEE in the performance of
EMPLOYEE's duties or as otherwise budgeted for by CITY;
(C) EMPLOYEE shall be entitled to all other benefits of employment
now in effect (excluding salary increases of any type as such are exclusively
governed by Section 4 (A)), or as hereafter approved by the City Council, which
are provided to other management employees of the CITY. EMPLOYEE shall
accrue executive, vacation and sick leave at the maximum rate provided for
management employees, except on October 1, 2009, EMPLOYEE shall be
credited for all vacation time that the EMPLOYEE would accrue for the time
period of October 1, 2009 through September 30, 2010 based upon the
assumption that EMPLOYEE will remain employed by the CITY during this entire
time period. In the event that EMPLOYEE service is terminated for any reason
during this time period, EMPLOYEE shall not be paid for any of such accrued
vacation time that was not utilized prior to EMPLOYEE's separation from the
CITY and EMPLOYEE shall be required to reimburse the CITY for any vacation
time utilized that would have not been normally been accrued by the EMPLOYEE
but for this special vacation accrual provision set forth in this subsection.
All of the other terms and conditions of the AGREEMENT shall remain in
full force and effect.
CITY:
Kelly McDowell, Mayor
sJ
EMPLOYEE:
Jack Wayt
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
X60
EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2009
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Introduction of an Ordinance and Adoption of a
Resolution of Intention to approve an Amendment to the contract between the Board of
Administration of the California Public Employees' Retirement System (Ca1PERS) and the El
Segundo City Council providing Section 20903 (Two Years Additional Service Credit) for the City's
Local Miscellaneous (Non- Safety) Members, with the exception of Department Directors, Assistant
City Manager and City Manager; and 2) Approval of a $5,000 payment to eligible employees
entering into a Date - Certain Retirement Separation Agreement with the City.
(Fiscal Impact: 1) Estimated increase in the City's PERS miscellaneous employer rate of 0.327%
and an annual cost increase in FY 2011 -2012 of $50,235; 2) Salary savings based on the number of
employees retiring during the designated retirement period, less the $5,000 payment for entering into
a Date - Certain Retirement Separation Agreement.)
RECOMMENDED COUNCIL ACTION:
1. Introduce and waive the First Reading of the Ordinance.
2. Adopt the Resolution of Intention.
3. Approve a $5,000 payment to eligible employees entering into a Date - Certain Retirement
Separation Agreement with the City.
4. Authorize the City Manager to execute the Retirement Separation Agreement, in a form
approved by the City Attorney.
5. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance
2. Resolution of Intention
3. CaIPERS Exhibit - Amendment to Contract
FISCAL IMPACT: 1) Estimated increase in the City's PERS Miscellaneous Employer Rate of
0.327% and an annual cost increase in FY 2011 -2012 of $50,235; 2) Salary savings based on the
number of employees retiring during the designated retirement period, less the $5,000 payment for
entering into a Date - Certain Retirement Separation Agreement.
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Bob Hyland, Director of Human Resources Pi4
REVIEWED BY: Bill Crowe, Assistant City Ma pager
APPROVED BY: Jack Wayt, City Manager
Al
BACKGROUND AND DISCUSSION:
As part of the March 19, 2009 Strategic Planning Session, Staff presented Council with a number of
potential budget reduction options, including reducing the City's personnel costs in the following
areas:
1. Selective Hiring Freeze, administered by the City Manager;
2. Reduction of overtime costs;
3. Elimination and reduction of consulting contracts;
4. Consideration of employing designated retirees on a contractual, non - benefited basis;
5. Early Retirement Incentives.
This Agenda Item requests Council approval of an Early Retirement Incentive Program which would
provide eligible employees: 1) Two Years of additional PERS Service Credit; and 2) a payment of
$5,000 to eligible employees entering into a Date - Certain Retirement Separation Agreement, in
order that the resulting salary savings can be expeditiously factored into the Fiscal Year 2009 -2010
Budget.
Section 20903 (Two Years Additional Service Credit)
Staff initiated the contract amendment process on April 16, 2009 by requesting that CalPERS
provide the City with the documents required to add Section 20903 to the contract between the City
Council and the CalPERS Board of Administration.
Eligibility to receive the two years of Additional Service Credit requires the following:
* The employee is a Local Miscellaneous (Non- Safety) Member of CalPERS.
* The employee will have reached age 50 and have at least five years of CalPERS Service at
the time of their retirement during the retirement period designated by the City.
* Department Heads, Assistant City Manager and City Manager, are not eligible to receive
the two years of Additional Service Credit.
The employee benefits because the additional two years of Service Credit adds value to his/her
Retirement Annuity.
The employer benefits because the City achieves cost savings through resulting position vacancies,
opportunity for workforce restructuring and/or lower compensated new employees filling certain
designated vacant positions.
Approximately 60 employees are eligible to receive this benefit. To date, staff is aware of 19
individuals with some level of interest in obtaining the two years of Additional Service Credit and
retiring. Realistically, we would anticipate that approximately 9 employees would expect to receive
this benefit.
CalPERS requires, in accordance with Government Code Section 20903, and the contract between
CalPERS and the City, that the City Council certifies that:
-2- 1�..
1. Because of an impending curtailment of, or change in the manner of performing service, the
best interests of the agency will be served by granting such additional service credit.
2. The added cost to the retirement fund for all eligible employees who retire during the
designated window period will be included in the contracting agency's employer contribution
rate for the fiscal year that begins two years after the end of the designated period.
3. It has elected to become subject to Section 20903 because of impending mandatory transfers,
demotions, and layoffs that constitute at least one percent of the job classification,
department or organizational unit, as designated by the governing body, resulting from the
curtailment of, or change in the manner of performing, its services.
4. Its intention at the time Section 20903 becomes operative is to keep all vacancies created by
retirements under this section or at least one vacancy in any position in any department or
other organizational unit permanently unfilled, thereby resulting in an overall reduction in the
workforce of such department or organizational unit.
Government Code Section 7507 requires that the future annual costs of the proposed contract
amendment be made public at a public meeting at least two weeks prior to the Second Reading and
adoption of the required Ordinance.
Government Code Section 20741 requires that there must be a twenty -day period between the
adoption of the Resolution of Intention and the Second Reading and Adoption of the Ordinance.
Thus, if the Resolution of Intention is adopted at Council's July 21, 2009 meeting, the Ordinance
will be agendized for Final Reading and Adoption at the August 18, 2009 Council Meeting.
Ca1PERS requires that the retirement period within which this benefit may be provided, is no less
than 90 days and no more than 180 days in length. The retirement period designated by the City will
commence on September 21, 2009 and end on December 31, 2009.
Fiscal Impact
The cost of the Two Years of Additional Service Credit is amortized by Ca1PERS over a twenty year
period and will be included in the City's Miscellaneous Employer Contribution Rate, commencing
with the Fiscal Year starting two years after the end of the designated Retirement Period, 2011 -2012.
Staff has calculated the fiscal impact on the assumption that all 19 of those employees expressing an
interest in the benefit will retire during the designated Retirement Period. Realistically, it is
anticipated that 9 individuals will retire, and that the actual fiscal impact will be less than estimated.
Staff's fiscal impact calculations were based on utilizing PERS Document CON3 -PA, "Procedures
for Calculation of Estimated Employer Cost" and were reviewed and certified by Actuarial John
Bartel of Bartel Associates, LLP. Mr. Bartel has provided the City with actuarial analysis and
valuation reports for a number of years.
Although it is considered highly unlikely that all 19 employees will retire within the designated
Retirement Period, the following fiscal impact figures reflect that scenario:
-3-
1) Estimated Present Value of Additional Employer Contributions $667.000
2) Estimated Annual Employer Cost Amortized over 20 Years $ 50,235
3) Estimated Employer Rate Increase, 10.940% to 11.267 %. 0.327%
A much more likely scenario is that 9 employees would retire, resulting in the costing shown below:
1) Estimated Present Value of Additional Employer Contributions $328,128
2) Estimated Annual Employer Cost Amortized over 20 Years $ 24,733
3) Estimated Employer Rate Increase, 10.940% to 11.101 0.161%
Assuming that 4 of the 9 likely retirements would result in those positions remaining vacant, the
annual cost savings to the City would be $319,078.
Those employees entering into a Date - Certain (between September 21, 2009 and December 31,
2009) Retirement Separation Agreement, by September 18, 2009 will receive a one -time payment of
$5,000.
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RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF EL SEGUNDO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System
by the execution of a contract, and sets forth the procedure by which said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing body of the public agency of a resolution giving notice of
its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20903 (Two Years Additional Service
Credit) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and by this reference made a part hereof.
Date adopted and approved
(Amendment)
CON -302 (Rev. 4/96)
Presiding Officer
Title
3 4 .J
caIeras
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of E1 Segundo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1943, and witnessed August 25, 1943, and as amended effective November
1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9,
1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July
19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3,
1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19,
1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19,
2001, July 2, 2004, April 12, 2008, May 9, 2009 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective May 9, 2009, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members; age 55 for local fire
members and age 50 for local police members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1943 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non - CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and /or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution. i b i
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and /or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 superseded this contract provision by providing that any
such temporary and /or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Section with Government Code Section 20305 effective July
1, 1994.
7. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after July 1,
1956, the effective date of Social Security coverage, for members whose
service has been included in Federal Social Security (2% at age 55
Full and Modified).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full and Modified).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
�h�
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance)
for local safety members only.
b. Section 21548 (Pre- Retirement Option 2W Death Benefit) for local
miscellaneous members only.
C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20042 (One -Year Final Compensation).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21548 (Pre- Retirement Option 2W Death Benefit).
Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
.i F
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
day of ,
CITY COUNCIL
CITY OF EL SEGUNDO
LORI MCGARTLAND, CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
AMENDMENT ER# 0039
PERS- CON -702A (Rev. 10 \05)
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND
THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The Attached Exhibit A, an amendment to the contract between the City Council
of the City of El Segundo and the Board of Administration, California Public Employees'
Retirement System, is approved and the Mayor is authorized to execute the amendment.
SECTION 2: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of
the passage and adoption in the records of this meeting; and, within fifteen (15) days after the
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 3: This Ordinance will be come effective on the thirty -first (31S) day following its
passage and adoption.
PASSED AND ADOPTED this day of , 2009.
Kelly McDowell, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. was duly introduced by said City Council at a regular
meeting held on the day of , 2009, and was duly passed
and adopted by said City Council, approved and signed by the Mayor, and attested to
by the City Clerk, all at a regular meeting of said Council held on the day
of , 2009, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
-2-
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger, Assistant City Attorney
Ca1PPRS
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of E1 Segundo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1943, and witnessed August 25, 1943, and as amended effective November
1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9,
1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July
19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3,
1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19,
1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19,
2001, July 2, 2004, April 12, 2008, May 9, 2009 which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective May 9, 2009, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members; age 55 for local fire
members and age 50 for local police members.
1 � .l
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1943 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non - CaIPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and /or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and /or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20336 superseded this contract provision by providing that any
such temporary and /or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975. Legislation repealed and
replaced said Section with Government Code Section 20305 effective July
1, 1994.
7. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after July 1,
1956, the effective date of Social Security coverage, for members whose
service has been included in Federal Social Security (2% at age 55
Full and Modified).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full and Modified).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance)
for local safety members only.
b. Section 21548 (Pre- Retirement Option 2W Death Benefit) for local
miscellaneous members only.
C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20042 (One -Year Final Compensation).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members only.
h. Section 21548 (Pre- Retirement Option 2W Death Benefit).
Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
f. C a
C. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO
BY
LORI MCGARTLAND, CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 0039
PERS- CON -702A (Rev. 10 \05)
� 1
PRESIDING OFFICER
Witness Date
Attest:
Clerk