2009 JUN 02 - 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, JUNE 2, 2009 — 5:00 P.M.
Next Resolution # 4601
Next Ordinance # 1430
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
01
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et spec .) 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): - 2- matters
1. Public Employee Performance Evaluation
Title: City Manager
2. Public Employment
Title: City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2-
matters
1. 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)
2. Unrepresented Employee: City Manager, Jack Wayt
City's Representative: City Attorney, Mark Hensley
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
SPECIAL MATTERS: - 0- matter
2 02
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, JUNE 2, 2009 - 7:00 P.M.
Next Resolution # 4601
Next Ordinance # 1430
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor SeHee Han, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
3 03
PRESENTATIONS
a. Proclamation announcing June 13, 2009 for Beauty and the Beach Day in El
Segundo.
b. Proclamation announcing July RELAY FOR LIFE month and designate July 11tH
and 12th as RELAY FOR LIFE days.
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 tine 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
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.
04
4
1. Warrant Numbers 2571785 to 2571990 on Register No. 16 in the total
amount of $958,134.71 and Wire Transfers from 05/08/09 through 05/21/09
in the total amount of $1,802,166.68.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify: Payroll and Employee Benefit checks; checks released early
due to contracts or agreement; emergency disbursements and /or adjustments;
and wire transfers.
2. Regular City Council Meeting Minutes of May 20, 2009.
Recommendation — Approval.
3. Consideration and possible action regarding the adoption of Ordinance No.
1429 amending the Downtown Specific Plan regarding temporary and
permanent outdoor dining and retail uses, permit fee parking, and
establishing a payment program and procedures for making parking in -lieu
fee payments within the Downtown Specific Plan. (Fiscal Impact: None)
Recommendation — (1) Waive second reading and adopt Ordinance No. 1429;
(2) Alternatively, discuss and take other possible action related to this item.
4. 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 2251
E. Maple Avenue (Kaya Sushi Restaurant), EA No. 823 for AUP No. 09 -01.
Applicant: Dae Kil Im /Kaya Sushi Restaurant (Fiscal Impact: None)
Recommendation — (1) Receive and file this report without objecting to a new
Type 41 ABC license at 2251 E. Maple Avenue; (2) Alternatively, discuss and
take other possible action related to this item.
5. Consideration and possible action regarding the approval of an
amendment to the Professional Services Agreement with Tetra Tech, Inc. in
conjunction with the 3.1 Million Gallon (MG) Water Reservoir Seismic
Retrofit project located at 400 Lomita Street. (Fiscal Impact: $63,625.00)
Recommendation — (1) Authorize the City Manager to execute an amendment to
the existing Professional Services Agreement with Tetra Tech, Inc. in the amount
of $63,625.00 in conjunction with the 3.1 MG Seismic Retrofit project RFP 07 -04;
(2) Alternatively discuss and take other action related to this item.
5 0 i
6. Consideration and possible action regarding authorizing the City Manager
to enter into a lease of office space located at 333 Main Street for the
purpose of relocating the Residential Sound Insulation (RSI) program
offices. (Fiscal Impact: $7,000 for the remainder of FY 2008 -2009 and
annual cost of $40,000)
Recommendation — (1) Authorize the City Manager to enter into a lease
agreement in a form approved by the City Attorney; (2) Alternatively, discuss and
take other action related to this item.
7. Consideration and possible action to amend the base salary a police officer
trainee is paid. (Fiscal Impact: $27,000)
Recommendation — (1) Amend the base salary of police officer trainees from
80% of Step A of the Police Salary Table to 100% of Step A of the Police Salary
Table; (2) Alternatively discuss and take other action related to this item.
8. Consideration and possible action to waive the formal bidding process
pursuant to the El Segundo Municipal Code § 1 -7 -10 and authorize the Fire
Department to purchase twenty -five (25) self- contained breathing
apparatus units under a sole source purchase through Allstar Fire
Equipment. The City will be reimbursed for these expenditures through the
Urban Area Security Initiative Fiscal Year 2006 grant funding. (Fiscal
Impact: Not to exceed $140,725)
Recommendation — (1) Pursuant to El Segundo Municipal Code § 1 -7 -10, waive
the bidding process and authorize the Fire Department to purchase twenty -five
(25) self- contained breathing apparatus units under a sole source purchase from
Allstar Fire Equipment; (2) Alternatively discuss and take other action related to
this item.
9. Consideration and possible action regarding awarding a contract to
Professional Building Contractors, Inc. for construction related to Group 32
(24 homes) of the City's Residential Sound Insulation Program (Project No.
RSI 09 -09). (Estimated construction costs and retention: $909,013)
Recommendation — (1) Reject Bid from Harry H. Joh Construction, Inc.; (2)
Award a contract to Professional Building Contractors, Inc.; (3) Authorize the City
Manager to execute a contract in a form approved by the City Attorney; (4)
Alternatively discuss and take other action related to this item.
06
n
10. Consideration and possible action regarding awarding a contract to
Professional Building Contractors, Inc. for construction related to Group 33
(30 homes) of the City's Residential Sound Insulation Program (Project No.
RSI 09 -10). (Estimated construction costs and retention: $633,996)
Recommendation — (1) Reject Bid submitted by S &L Specialty Contracting, Inc.;
(2) Award a contract to Professional Building Contractors, Inc.; (3) Authorize the
City Manager to execute a contract in a form approved by the City Attorney; (4)
Alternatively discuss and take other action related to this item.
11. Consideration and possible action regarding awarding a contract to
Professional Building Contractors, Inc. for construction related to Group 36
(30 homes) of the City's Residential Sound Insulation Program (Project No.
RSI 09 -11). (Estimated construction costs and retention: $751,188)
Recommendation — (1) Award a contract to Professional Building Contractors,
Inc.; (2) Authorize the City Manager to execute a contract in a form approved by
the City Attorney; (3) Alternatively discuss and take other action related to this
item.
12. Consideration and possible action to waive the formal bidding process per
the El Segundo Municipal Code Section 1 -7 -10 and authorize the Fire
Department to issue a purchase order enabling Valley Fire Service to
perform a major engine overhaul for Engine 32. (Fiscal Impact: $27,760)
Recommendation — (1) Recommend that the City Council waive the formal
bidding process per the El Segundo Municipal Code Section 1 -7 -10, and
authorize the Fire Department to issue a purchase order to Valley Fire Service to
perform a major engine overhaul on Engine 32; 2) Alternatively, discuss and take
other action related to this item.
13. Consideration and possible action regarding the annual Resolution
updating the employer's contribution under the Public Employees' Medical
and Hospital Care Act for El Segundo Fire Fighters' Association, El
Segundo Police Officers' Association, El Segundo Police Management
Association, and the El Segundo Management / Confidential Group. (Fiscal
Impact: Included in adopted budget)
Recommendation — (1) Adopt the required Resolutions; (2) Alternatively discuss
and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
U'7
F. NEW BUSINESS
14. Consideration and possible action to receive and file in accordance with
the independent auditor's opinion on the City's Comprehensive Annual
Financial Report, and its various fund financial statements, schedules, and
agreements. (Fiscal Impact: None)
Recommendation - (1) Receive and File; (2) Alternatively, discuss and take other
action related to this item.
G. REPORTS - CITY MANAGER
H. REPORTS - CITY ATTORNEY
REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Brann -
Council Member Fisher -
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 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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: —77/�
TIME: c3" (S- o' W
NAME: X _ kl
9 U :�
rortamatt"011 Citp of (el beaunbo, California
WHEREAS, For economic, aesthetic and environmental reasons, the quality of Santa
Monica Bay beaches is of paramount concern to all citizens of El Segundo;
and
WHEREAS, On Saturday, June 13, 2009, from 10 a.m. to 12 p.m., the El Segundo
Power, LLC and El Segundo Kiwanis Club will sponsor the Beauty & The
Beach community event for people to gather and celebrate their
commitment to preserving our beaches by undoing some of the damage
caused to this precious natural resource; and
WHEREAS, Employees of El Segundo Power, LLC and members of the E1 Segundo
Kiwanis Club along with other volunteers, will clean the stretch of beach
from all debris between Grand Avenue southward to 45th Street.
NOW, THEREFORE, on this 2nd day of June, 2009, the Mayor and Members of the City
Council of the City of El Segundo, California, hereby proclaim June 13, 2009 Beauty& The
Beach Day in El Segundo and invite the community to join the El Segundo Power, LLC
and members of The El Segundo Kiwanis Club in cleaning our El Segundo Beach.
/��,) • �)i • /i /� /,iii • X/
1V
rJortamattioll If QLlitp of 411 Oegunbo, California
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 2nd day of June, 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 and
designate July 11th and July 12th 2009 as RELAY FOR LIFE days throughout the City of El Segundo.
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.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
05/08/09 THROUGH 05/21/09
Date Payee Amount
5/10/2009
5/14/2009
5/14/2009
5/15/2009
5/15/2009
5/15/2009
5/15/2009
5/15/2009
5/18/2009
5/20/2009
5/20/2009
5/21/2009
5/7-5/21/09
West Basin
Employment Development
IRS
Federal Reserve
State of CA
Nationwide EFT
UBOC
Manufacturers & Traders
Health Comp
CalPERS
Lane Donovan Golf Ptr
La Salle
Workers Comp Activity
DATE OF RATIFICATION: 6/02/09
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
1,012,025.41
58, 300.36
250, 326.98
200.00
1,153.24
35, 861.37
4,539.66
31,708.98
8,306.48
309,137.90
21, 850.66
43, 725.00
25,030.64
1,802,166.68
O
Date
6)�4/0
Datdd
Dat
Description
H2O payment
State Taxes
Federal Taxes
Employee Savings Bond
Child support withholdings
457 payment
PARS payment
457 payment
Weekly claims
Retirement payment
Payroll Transfer
ABAG
SCRMA checks issued
1,802,166.68
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 5- 21.xls
13
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 20, 2009 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tem 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.
SPECIAL ORDER OF BUSINESS:
Appointment of Jack Wayt (City Manager), Bob Hyland (Human Resources
Director) and Deborah Cullen (Finance Director) to represent the City as labor
negotiators of the Supervisory and Professional Employees' Bargaining Unit.
MOTION by Mayor McDowell, SECONDED by Council Member Brann to appoint Jack
Wayt (City Manager), Bob Hyland (Human Resources Director) and Deborah Cullen
(Finance Director) to represent the City as labor negotiators of the Supervisory and
Professional Employees' Bargaining Unit. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
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
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 1
14
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0-
potential case (no further public statement is required at this time); Initiation of litigation
pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): - 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 REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): - 0-
matter
Council moved to open session at 5:30 p.m.
SPECIAL MATTERS: - 1- matter
Interview of candidates and potential appointments to the Recreation and Parks
Commission, Planning Commission, Senior Housing Board, Library Board of
Trustees and the Environmental Committee. [Note: the interviews will
commence at approximately 5:30 p.m. and take place in the West Conference
Room in City Hall]
Council consensus to appoint Debby Bundy and Joe Caravello to the Recreation and
Parks Commission to full terms to expire 5/30/13; Marie Fellhauer to the Planning
Commission to a full term to expire 6/30/13; and Carol Wingate and John Nisley to the
Sr. Citizens Housing Corp. to full terms to expire 6/30/13; and Daniel Barbee to the
Environmental Committee to a full term to expire 6/30/13.
No appointment to the Library Board of Trustees was made tonight.
RECESS: 6:40 P.M.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 2
i5
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, MAY 20, 2009 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Pastor Scott Tannehill, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
PRESENTATIONS
a. Mayor McDowell presented a Proclamation to Sue Carter, Woman of the Year.
ROLL CALL
Mayor McDowell
- Present
Mayor Pro Tern Busch
- Present
Council Member Brann
- Present
Council Member Fisher
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS —
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 Jacobson to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action (Public Hearing) regarding the introduction
and first reading of an Ordinance amending the Downtown Specific Plan
regarding temporary and permanent outdoor dining and retail uses, permit fee
parking, and establishing a payment program and procedures for making parking
in -lieu fee payments within the Downtown Specific Plan area (Fiscal Impact:
None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 3
16
Council Member Jacobson will not be participating in this item due to his ownership of
property in the zone which may pose a potential conflict of interest; Mayor Pro Tern
Busch does not have a conflict because his wife's business is on a month to month
lease and FPPC has ruled there is no conflict.
Council Member Jacobson left the dais.
Mayor McDowell stated this is the time and place hereto fixed for a Public regarding the
introduction and first reading of an Ordinance amending the Downtown Specific Plan
regarding temporary and permanent outdoor dining and retail uses, permit fee parking,
and establishing a payment program and procedures for making parking in -lieu fee
payments within the Downtown Specific Plan area (Fiscal Impact: None). Clerk
Mortesen stated that proper notice was completed and no written communication had
been received by City Clerk's Office.
Mark Hensley, City Attorney, gave a report.
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1429
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING
TEMPORARY AND PERMANENT OUTDOOR USES, PERMIT FEE PARKING AND
ESTABLISHING PROCEDURES FOR MAKING PARKING IN -LIEU FEE PAYMENTS.
(SPECIFIC PLAN AMENDMENT NO. 09 -01 AND ZONE TEXT
AMENDMENT NO. 09 -01)
Mayor Pro Tern Busch introduced the ordinance.
Second reading and adoption is scheduled for June 2, 2009.
RESOLUTION NO. 4599
A RESOLUTION ESTABLISHING PROCEDURES FOR PAYING IN -LIEN FEES IN
ACCORDANCE WITH THE EL SEGUNDO DOWNTOWN SPECIFIC PLAN.
MOTION by Council Member Fisher, SECONDED by Mayor Pro Tern Busch, to adopt
Resolution No. 4599 establishing procedures for paying in -lieu fees in accordance with
the El Segundo Downtown Specific Plan. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0. COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A
POTENTIAL CONFLICT
Council Member Jacobson returned to the dais.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 4
1 /
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
2. Consideration and possible action regarding the announcement of the
appointment of candidates of the Recreation and Parks Commission, Planning
Commission, Library Board of Trustees, Senior Citizen Housing Corporation
Board and Environmental Committee. (Fiscal Impact: None)
Mayor McDowell announced the appointment of Debby Bundy and Joe Caravello to the
Recreation and Parks Commission to full terms to expire 5/30/13; Marie Fellhauer to the
Planning Commission to a full term to expire 6/30/13 Carol Wingate and John Nisley to
the Sr. Citizens Housing Corp. to full terms to expire 6/30/13; and Daniel Barbee to the
Environmental Committee to a full term to expire 6/30/13.
No appointment was made to the Library Board of Trustees tonight.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
3. Approved Warrant Numbers 2571532 to 2571784 on Register No. 15 in the total
amount of $956,912.99 and Wire Transfers from 04/24/09 through 05/07/09 in
the total amount of $1,262,957.89. Authorized staff to release. Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
4. Approved Regular City Council Meeting Minutes of May 5, 2009.
5. Approved participating in the federal stimulus energy efficiency project grant
funding program sponsored by the South Bay Cities Council of Governments.
Authorized the City Manager to execute a Memorandum of Participation No.
3944 in a form approved by the City Attorney. (Fiscal Impact: None)
6. Adopted Plans and Specifications for the construction of the Washington Park
Irrigation Improvements and transfer $29,961 in Transportation Development Act
(TDA) Grant Funds to this project — Project No. PW 08 -08. (Fiscal Impact:
$193,546) Authorized staff to advertise the project for receipt of construction
bids; Authorized the Transfer Transportation Development Act TDA Grant funds
in the amount of $29,961 from account 118 -400- 8203 -8604.
7. Accepted the project as complete for the installation of an Enhanced Vapor
Recovery (EVR) system at the fueling station located at the City Maintenance
Yard (150 Illinois Street) Project No.: PW 08 -16. (Fiscal Impact: $65,975)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 5
W
Authorized the City Clerk to file a Notice of Completion in the County Recorder's
Office.
8. Adopted Resolution No. 4600 authorizing the City Manager and Police Chief to
apply for, accept and expend grant monies from the U.S. Department of Justice
on upgrades for existing online crime reporting system and police facility
surveillance video. (Fiscal Impact: $15,119 from Byrne JAG Funds)
9. PULLED BY THE CITY MANAGER
10. Rejected the Bid submitted by S &L Specialty Contracting, Inc.; Waived a minor
bid irregularity and awarded Contract No. 3941 to Professional Building
Contractors, Inc. for construction related to Group 31 (23 homes) of the City's
Residential Sound Insulation Program (RSI 09 -06). (Fiscal impact: $854,071)
Authorized the City Manager to execute the contract in a form approved by the
City Attorney.
11. Rejected the Bid submitted by S &L Specialty Contracting, Inc.; Awarded Contract
No. 3942 to Professional Building Contractors, Inc. for construction related to
Group 34 of the Residential Sound Insulation Program (RSI 09 -04) Authorized
the City Manager to execute the contract in a form approved by the City Attorney.
12. Rejected the Bid submitted by California Averland Construction, Inc.; Rejected
the Bid submitted by S &L Specialty Contracting, Inc.; Awarded Contract No.
3943 to Professional Building Contractors, Inc. for construction related to Group
35 of the Residential Sound Insulation Program (Project No. RSI 09 -04).
(Estimated construction costs and retention: $739,710); Authorized the City
Manager to execute the contract in a form approved by the City Attorney.
13. Approved Maintenance Agreement No. 3944 between the City of El Segundo
and Thomas Properties Group, Inc. for sanitary sewer, water and storm drain
facilities located between Mariposa Avenue, Nash Street, Atwood Way and
Douglas Street. (Fiscal Impact: None) Authorized the City Manager to execute
the Agreement.
MOTION by Council Member Brann, SECONDED by Council Member Fisher to
approve Consent Agenda Items 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
14. Consideration and possible action regarding the presentation of fiscal year 2008-
2009 Midyear. Financial Review and approval of fiscal year 2009 -2010 Budget
Calendar. (Fiscal Impact: None)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 6
19
Deborah Cullen, Finance Director, gave a report.
Council received and filed FY 2008 -2009 Midyear Financial staff report. Directed staff to
proceed with Fiscal Year 2009 -2010 Budget Calendar.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding his tours of the City Departments.
Condolences to the family of Ngyuen Vu, Daily Breeze Reporter covering the School
Districts in the area, on his sudden death.
Council Member Fisher — None
Council Member Jacobson — Announced the ESEF Car Show and CPR Saturday on
May 30, 2009.
Mayor Pro Tem Busch — Agendize for discussion the meeting schedule for the
Environmental Committee. Mayor's State of the City address on May 27, 2009.
Mayor McDowell — Spoke regarding the economy.
PUBLIC COMMUNICATIONS — None
CLOSED SESSION — NONE
ADJOURNMENT at 8:04 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
MAY 20, 2009
PAGE NO. 7
4.0
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of Ordinance No. 1429 amending the
Downtown Specific Plan regarding temporary and permanent outdoor dining and retail uses,
permit fee parking, and establishing a payment program and procedures for making parking in-
lieu fee payments within the Downtown Specific Plan. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1429; and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1429
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' nning and Building Safetyll
APPROVED BY: Jack Wayt, City Manage
I. Background and Discussion
On May 20, 2009, the City Council introduced and had first reading of an Ordinance to adopt
Environmental Assessment No. EA -834, Specific Plan Amendment No. 09 -01 and Zone Text
Amendment No. 09 -01. If adopted, Ordinance No. 1429 will become effective in 30 days.
PAPlarming & Building Safety \0 Planning - Old\PROJECTS (Planning) \826- 850\EA 834 \Council Docs \CC
060209\EA -834 DSP parking ORD CC sr 2ndreading.doc
3
ORDINANCE NO. 1429
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN
REGARDING TEMPORARY AND PERMANENT OUTDOOR USES,
PERMIT FEE PARKING AND ESTABLISHING PROCEDURES FOR
MAKING PARKING IN -LIEU FEE PAYMENTS.
(SPECIFIC PLAN AMENDMENT NO. 09-01 AND
ZONE TEXT AMENDMENT NO. 09 -01)
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On March 30, 2009, the City initiated the process to amend
Downtown Specific Plan (DSP) regarding temporary and
permanent outdoor uses, use of permit fee parking for
temporary uses, and amending the City's existing parking in-
lieu fee program. The application 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 ");
B. In addition, the City reviewed the project's environmental
impacts under the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq., "CEQA "), the
regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and
the City's Environmental Guidelines (City Council Resolution
No. 3805, adopted March 16, 1993);
C. The Planning and Building Safety Department completed its
review and scheduled a public hearing regarding the
application before the Planning Commission for April 23,
2009;
D. On April 23, 2009, the Planning Commission held a public
hearing to receive public testimony and other evidence
regarding the application including, without limitation,
information provided to the Planning Commission by city staff;
and, adopted Resolution No. 2654 recommending that the
City Council approve the proposed project;
E. On May 20, 2009, the City Council held a public hearing to
receive public testimony and other evidence regarding the
application including, without limitation, information provided
Page 1 of 21
to the City Council by Planning and Building Safety
Department, and adopted Resolution No. 2654 approving
Environmental Assessment No. 834 for Specific Plan
Amendment No. 09 -01; Zone Text Amendment No. 09 -01;
and,
SECTION 2: Specific Plan Findings. After considering the above facts, the City
Council finds as follows:
A. The General Plan Land use designation for the project is
Downtown Specific Plan.
B. The proposed amendment to the Downtown Specific Plan is
consistent with the General Plan land use designation for the
properties involved.
C. The proposed amendment to expand and allow temporary
and permanent outdoor uses, use of permit fee parking for
temporary uses, and allow payment plans for the existing
parking in -lieu fee would further General Plan goals,
objectives, and policies to preserve and maintain the City's
downtown (Objective LU 1 -4), help create an integrated,
complimentary, and attractive multi -use downtown (Objective
LU 4 -2), and would revitalize and upgrade commercial areas
(Policy LU- 4 -2.1) by creating the opportunity for growth in the
downtown area.
D. This amendment could facilitate additional outdoor retail sales
and dining in the DSP area and the construction of additional
floor area in the DSP that is already permitted to occur by
providing a mechanism for paying a parking in -lieu fee over a
period of time.
SECTION 3: Approvals. The Council amends the following provisions of
the DSP:
Chapter VI of the Downtown Specific Plan to read as follows:
VI. DEVELOPMENT STANDARDS
A. Main Street District — (300 -400 Blocks Main Street)
2. Permitted Uses-
Page 2of213
a. First floor street -front level, with a minimum building depth of 25 feet:
Retail sales and services
ii. Restaurants
iii. Recreational uses
iv. Governmental offices
V. Banks, not to exceed 500 square feet
vi. General offices
vii. Medical - dental offices
viii. Outdoor retail uses ORGIuding dining, gatheFing aFeas,
,such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review and
El SeguRde MURiGipal Cede; gFeateF than 200 squaFe feet, a169
ix. Other similar pedestrian oriented retail - service uses and offices
approved by the Director of GemmuRity,
Development SeFviGes Planning and Building Safety, as provided
by Section V., Administration
b. Above and behind street -front level, and adjacent to alleys:
All uses listed above in a.
Clubs and halls
iii. Schools
iv. Theaters
V. Banks
vi. Other similar uses approved by the Director ofr
EGenem6G and Development SewiGes Planning and Building Safety,
as provided by Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor
storage,
subject
to conformance with SeGfien 20.12.080EI
Segundo
Municipal
Municipal
Code
§ 15 -2 -8, Screening, of the E4
Cede
Page 3of21
c. Indoor entertainment, dancing, and amplified sound, subject to
ompliance with El Segundo Municipal
Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2,
Noise and Vibration Regulations,
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
d f.Other similar accessory uses approved by the Director of -Gear
Planning and Building Safety, as
provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 20.7-215 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
c. Off -site sale of alcohol at retail establishments
d. Outdoor retail uses ORGudiRg diRiRg,
paFty such as newsstands, coffee carts and flower stands, over
200 square feet in area, subject to design review and GGRfGFmaRGe with
Cede
e. Video arcades with three or fewer machines
f. Other similar uses approved by the Director of Community,
Planning and Building Safety, as provided by
Section V., Administration
B. Main Street Transitional District - (100 -200 & 500 Blocks Main Street)
2. Permitted Uses-
a. Retail sales and services
b. Restaurants
c. Recreational uses
d. Governmental offices
Page 4 of 21 25
e.
General offices
f.
Medical - dental offices
g.
Clubs and halls
h.
Schools
i.
Theaters
j. Banks
k. Outdoor retail uses ' ,
paFty ,such as newsstands, coffee carts and flower stands, up to
200 square feet in area, subject to design review
PeFFRit
I. Other similar uses approved by the Director of GemmuRity,
Planning and Building Safety, as provided by
Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor
storage,
subject
to conformance with SeGtieR 20.12.080EI
Segundo
MuRie+pal
Municipal
Code
§ 15 -2 -8, Screening, f the —El—
Gede
c. Indoor entertainment, dancing, and amplified sound, subject to
ompliance with El Segundo Municipal
Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.G67 =2,
Noise and Vibration Regulations,
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subiect to design review
and compliance with Section 15 -2 -16, Outdoor Dining Areas, of the El
Segundo Municipal Code
d f.Other similar accessory uses approved by the Director of Commune
;
Planning and Building Safety, as
provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 20.7215 -22 of the El
Segundo Municipal Code)
Page 5 of 21
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses "AGIuding dining,
paFty ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review
Gede
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of GOMMURity, F=r.0F;9FniG and
Planning and Building Safety, as provided by
Section V., Administration
C. Richmond Street District - (100 -200 Blocks Richmond Street)
2. Permitted Uses-
a. Retail sales and services
b. Restaurants
c. Recreational uses
d. Governmental offices
e. General Offices
f. Medical - dental offices
g. Clubs and halls
h. Schools
i. Theaters
j. Banks
k. Bed and Breakfast Hotels
I. Artist and design studios
m. Outdoor retail uses iRGIudiRg diRiAg,
p ,such as newsstands, coffee carts and flower stands, up to
200 square feet in area, subject to design review
Page 6of21 27
n. Other similar uses, approved by the Director of Gemmunity,
Planning and Building Safety, as provided by
Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor
storage,
subject to
conformance with SW99A 20.12.080EI
Segundo
Mu nieipal
Municipal
Code §
15 -2 -8, Screening of the E4 S
Cede
c. Indoor entertainment, dancing, and amplified sound, subject to
ompliance with El Segundo Municipal
Code Chapter 4 -8, Entertainment Regulations, and Chapter 8�67 ^2,
Noise and Vibration Regulations,
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16. Outdoor
Dining Areas
d f. Other similar accessory uses approved by the Director of Gemmuni
Planning and Building Safety, as
provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 20:7-215 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses 'inGluding d ning,
paFty ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review
SeGteen 20.12.490, Qutd9eF Dining AFeas, of the El Segundo Muner.9pal
Bede
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of GemmuRity,
Planning and Building Safety, as provided by
Section V., Administration
Page 7 of 21? g
D. North Richmond Street District — (300 Block west side Richmond Street)
2. Permitted Uses-
a. Retail sales and services
b. Restaurants
c. Recreational uses
d. Governmental offices
e. General offices
f. Medical - dental offices
g. Clubs and halls
h. Schools
i. Theaters
Banks
k. Bed and Breakfast hotels
I. Artists and design studios
m. Outdoor retail uses ' ,
party area-s),such as newsstands, coffee carts and flower stands, up to
200 square feet in area, subject to design review
Pe FFA it
n. Other similar uses, approved by the Director of Gemmunity,
Planning and Building Safety, as provided by
Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor
storage,
subject
to conformance with SeGtieR 20.12.080EI
Segundo
McRie+pal
Municipal
Code
_§ 15 -2 -8, Screening, of the Fil SeguR
Bede
c. Indoor entertainment, dancing, and amplified sound, subject to
ompliance with El Segundo Municipal
Code Chapter 4 -8, Entertainment Regulations, and Chapter 8- 067 =2,
Page 8 of 21 23
Noise and Vibration Regulations,
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
d.f.Other similar accessory uses approved by the Director of Gemmunity,
Planning and Building Safety, as
provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 20215 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses inealuding d RiRg,
paFty ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review
Bede
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of GemmuRity,
Planning and Building Safety, as provided by
Section V., Administration
E. Grand Avenue District- (300 Block east side Richmond Street - former Ralph's
market and adjacent lots)
2. Permitted Uses-
a. First floor street -front level and adjacent to pedestrian access ways,
including internal access ways, with a minimum building depth of 25 feet:
Retail sales and services
Restaurants
iii. Recreational uses
iv. Governmental offices
V. Banks, not to exceed 500 square feet
Page 9 of 21 v
vi. General offices
vii. Medical - dental offices
viii. Bed and breakfast hotel
ix. Outdoor retail uses inGluding diRiAg,
iFty ,such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review and
91 Segundo MuniGipal Cede; gFeateF than 200 6quaFe feet, also
x. Other similar pedestrian oriented retail - service uses and offices,
approved by the Director of Community,
Planning and Building Safety, as provided
by Section V., Administration
b. Above and behind street -front level, and adjacent to alleys:
All uses listed above in a.
Clubs and halls
iii. Schools and daycare
iv. Theaters
V. Banks
vi. Other similar uses approved by the Director of ,
Planning and Building Safety,
as provided by Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor
storage,
subject
to conformance with SeGtien 20.12.080EI
Segundo
Mu isipal
Municipal
Code
§ 15 -2 -8, Screening, ef the 91 Segundo
Code
c. Indoor entertainment, dancing, and amplified sound, subject to
ompliance with El Segundo Municipal
Code Chapter 4 -8, Entertainment Regulations, and Chapter 8.067 =2,
Noise and Vibration Regulations,
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code $ 15 -2 -16. Outdoor
Page 10 of 21 j i
Dining Areas
d.f.Other similar accessory uses approved by the Director of unity
Planning and Building Safety, as
provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 20.7215 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses ' ,
paFty ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review
Bede
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Community,
Planning and Building Safety, as provided by
Section V., Administration
F. West Grand Avenue Transitional District- (North 200 Block of West Grand
Avenue between Concord Street and the alley west of Richmond Street)
2. Permitted Uses-
a. First floor street -front level, with a minimum building depth of 25 feet:
Retail sales and services
ii.
Restaurants
iii.
Recreational uses
iv.
Government offices
V.
Banks
vi.
General offices
vii.
Medical - dental offices
viii.
Clubs and halls
Page 11 of 21 `�
ix. Theaters
x. Schools
A. Outdoor retail uses OnGluding dining,
,such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review and
xii. Other similar pedestrian oriented retail - service uses and offices
approved by the Director of Planning and Building Safety, as
provided by Section V., Administration.
b. Above street -front level:
All uses listed above in subsection (a).
Business tenant/owner- occupied residential units.
iii. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration.
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to compliance with El Segundo Municipal Code §
15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
d f.Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code
Chapter 15 -22)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses ' ,
Page 12 of 21 , i
paq ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review and GemplianGe with -0
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
G. West Grand Avenue Transitional District- (South 200 Block of West Grand
Avenue between Concord Street and the alley west of Richmond Street)
2. Permitted Uses-
a. First floor street -front level, with a minimum building depth of 25 feet:
i. Retail sales and services
ii. Restaurants
iii. Recreational uses
iv. Government offices
v. General offices
vi. Medical- dental offices
vii. Outdoor retail uses OnGluding dining,
such as newsstands, coffee carts and flower stands, up
to 200 square feet in area, subject to design review and- serpl+aflse
GutdOOF user, that aFe gFeateF than 200 squaFe feet alse FequiFe an
viii. Other similar pedestrian oriented retail - service uses and offices
approved by the Director of Planning and Building Safety, as
provided by Section V., Administration.
b. Above street -front level:
i. All uses listed above in subsection (a).
ii. Business tenant/owner- occupied residential units.
iii. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration.
3. Permitted Accessory Uses-
Page 13 of 21
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to compliance with El Segundo Municipal Code §
15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
d-.f.Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code
Chapter 15 -22)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses inGluding d niRg,
pany ,such as newsstands, coffee carts and flower stands, over 200
square feet in area, subject to design review and GempliaRGe with -&=
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
H. Definitions
The following are definitions of uses that are included in the Specific Plan. For
definitions not included within this section, refer to Chapter 20815 -1 -6,
Definitions, of the El Segundo Municipal Code.
20.08.148. Artist and Design Studios
"Artist and design studios" means an establishment that
provides work and retail sales and display space for
artists, artisans, craftsperson's, and designers.
20.08.168 Bank
Page 14 of 21
3 ;,
"Bank" means an establishment that provides financial
services to individuals, firms and other entities. The
term includes savings and loan institutions, loan and
lending institutions, credit unions and other uses
providing similar financial services.
20.08.169 Bar
"Bar" means an establishment primarily for the on -site
sales and consumption of alcoholic beverages,
generally without or with limited food service, as defined
and licensed by the State of California, Department of
Alcohol Beverage Control. Bars include cocktail
lounges, nightclubs, taverns, pubs, saloons, and similar
uses, but exclude restaurants.
20.08.166 Bed and Breakfast Hotel
"Bed and Breakfast Hotel" means an establishment
containing 75 or fewer guestrooms, intended or
designed to be used for sleeping purposes by guests,
and provides breakfast to guests. The use may also
contain ancillary services such as meeting rooms,
personal services, and food preparation and dispensing.
Guest stays shall be limited to 30 consecutive days.
One dwelling unit for the use of the proprietor shall be
allowed.
City Parking Garage
"City Parking Garage" means the parking garage
located at 121 West Grand Avenue.
20. 08.246 Coffee cart
"Coffee cart" means a small self- contained outdoor
structure for the retail sale of coffee, other beverages,
snacks, and similar products. A seating or dining area
may also be provided as an accessory use.
20.08.422 Flower stand
"Flower stand" means a small self- contained outdoor
structure for the retail sale of flowers and related
products.
20.08.614. Newsstand
"Newsstand" means a small self- contained outdoor
structure for the retail sales of newspapers, magazines,
periodicals, and similar products.
Page 15 of 21
3 t' 1)
20.08.6 i 6 Offices, Governmental
"Offices, governmental" means an establishment
maintained and used as a place of business by persons
employed by the government including City, County,
State, Federal and similar governmental businesses,
whose business activity consists primarily of providing
services to people.
20.08.688 Retail sales and service
"Retail sales and service" means an establishment that
provides retail sales, rental, services processing, and
repair of new merchandise, primarily intended for
consumer or household use. Services provided include
those of a personal convenience nature, and the
cleaning, repair or sales of related products.
2A -A8�6S Recreational use
"Recreational use" means an establishment providing
participant or spectator recreation, amusement,
exercise, or entertainment services.
20.08.868 Tattoo parlor
"Tattoo parlor" means an establishment where the act
or process of indelibly marking or coloring the skin of
any person by the insertion of pigment under or in the
skin or by the production of scars is conducted.
Temporary Outdoor Dining
"Temporary Outdoor Dining" means outdoor dinin
located within the City right of way pursuant to an
encroachment permit and /or is required to secure off -
site parking or other outdoor dining for which the
property does not have the required number of on -site
parking spaces. Temporary Outdoor Dining is only
allowed in conjunction with a permitted restaurant and is
only permitted to utilize Temporary Outdoor Structures/
Facilities. Temporary Outdoor Dining requires a permit
and is only allowed for such time period commensurate
with the time period that Temporary Use Parking is
provided in accordance with Section VII.2.k. of this
Specific Plan.
Temporary Outdoor Retail Sales Events
"Temporary Outdoor Retail Sales Events" means
outdoor retail sales events conducted outdoors on the
Page 16 of 21 37
same premises as, and are consistent in character with
an existing retail store use. These events require a
permit and may be allowed up to a total of 30 days in
any twelve month period. Temporary Outdoor Retail
Sales Events can only be permitted to utilize Temporary
Outdoor Structure /Facilities and must comply with the
Temporary Use Parking requirements set forth in
Section VII.2.k of this Specific Plan.
Temporary Outdoor Structure /Facilities
"Temporary Outdoor Structure /Facilities" includes
awnings or canopies made of material or wood, tents,
shade umbrellas, and similar types of structures that
can be constructed and removed within a seven day
period. Temporary Outdoor Structure /Facilities also
include lighting and heating improvements that can be
constructed and removed within a seven day period.
Any applicant for Temporary Outdoor Structure/
Facilities must sign an acknowledgement that the
Temporary Outdoor Structure /Facilities can be removed
within a seven day period. All Temporary Outdoor
Structure /Facilities must meet all zoning, building, fire,
health and other applicable codes.
Chapter VII of the Downtown Specific Plan to read as follows:
VII. PARKING
2. General Provisions-
a. No use or building shall be established, erected, enlarged or expanded
unless parking facilities are provided and maintained as required by this
Section.
b. Parking facilities should be designed so that a car within a facility will not
have to enter a street to move from one location to any other location
within the same facility.
c. Bumpers or tire stops a minimum 6 inches in height shall be provided in all
parking areas abutting a building, structure, sidewalk, planting area, street
or alley.
d. All tandem parking spaces, where allowed, shall be clearly outlined on the
Page 17 of 21 J8
surface of the parking facility.
e. Parking facilities in all Districts shall be designed in such a manner that
any vehicle on the property will be able to maneuver as necessary so that
it may exit from the property travelling in a forward direction. However,
cars may exit onto an alley travelling in a reverse direction.
f. Where the application of the following cumulative parking schedules
results in a fractional space of .5 or greater, the number of required
parking spaces shall be rounded up to the next whole number.
g. No vehicular use area, except driveway access to a property, for any
residential use shall be located, in whole or in part, in any required front
yard or front two- thirds of any required side yard.
h. No person, company or organization shall fail to maintain the facilities
required to be provided by this Section, or by any applicable provision of
prior laws, variance, use permit, or precise plan heretofore or hereafter
granted by the Planning Commission or City Council. No required parking
shall be utilized in any manner so as to make it unavailable for the
occupants, their clients or visitors of a building or use during the hours
such building or use is normally occupied except for purposes of utilizing it
for Temporary Outdoor Retail Sale Events or Temporary Outdoor Dining in
accordance with the requirements of the DSP. This meaning shall not be
construed to prohibit security devices.
All permanent on -site parking, loading, or other vehicular use area shall be
paved with approved concrete or asphaltic concrete. On -site parking areas
to be used for no longer than one year shall be surfaced and maintained
with an impervious material acceptable to the Director of Comma
Planning and Building Safety so as
to eliminate dust and mud. All on -site parking areas shall be graded and
drained to dispose of all surface water in accordance with the Uniform
Building Code.
j. Any lights provided to illuminate any parking area shall be arranged so as
to direct the light away from any residential dwelling unit.
k. Temporary Use Parking. Outdoor Retail Sale Events and Temporary
Outdoor Dining are required to provide parking based upon the parking
requirements set forth in the DSP during the time period that such use is
in operation. To the extent that the Outdoor Retail Sale Events or
Temporary Outdoor Dining is located on parking spaces that are otherwise
required for other uses located on the property, then in addition to the
Temporary Parking spaces required for the Outdoor Retail Events or the
Temporary Outdoor Dining the property owner or tenant is required to
provide parking spaces to replace the parking spaces that are being
utilized for the Outdoor Retail Sale Event or the Temporary Outdoor
Page 18 of 21 j J
Dining. Parking requirements for Temporary Outdoor Retail Sale Events
and Temporary Outdoor Dining may fulfilled by providing sufficient on-
site parking, parking through an offsite parking covenant, or by obtaining
parking space permits for the City Parking Garage, or any combination of
these three options. To utilize Temporary Outdoor Dining, the groverty
owner and tenant, if applicable, must execute an acknowledgement to be
recorded in the County Recorder's Office that the Temporary Outdoor
Retail Sale Event or Temporary Outdoor Dining use will cease if at any
time the parking requirements are not met, including in the event that
parking space permits expire and are not re- issued for the City Parking
Garage.
Chapter VII, Section 3, subsection c. of the Downtown Specific Plan to read as follows:
"c. Parking Reductions:
i) Parking Demand Study. The Director of Gemmunity,
Planning and Building Safety may modify
the required number of parking spaces or approve joint use or off-
site parking, for fewer than 10 spaces, based on the submittal of a
parking demand study. Reductions of 10 or more spaces require
Planning Commission approval. Additionally, for any use for which
the number of parking spaces is not listed, the Director of
Planning and
Building Safety or Planning Commission will specify the required
number of spaces based on a parking demand study. A parking
demand study must include, without limitation, information
specifying the number of employees, customers, visitors, clients,
residents and owner - occupancy of residence and business (for
existing legal non - conforming residential uses), shifts, deliveries,
parking spaces, or other criteria established by the Director of
Planning and
Building Safety. The study may also include the use of valet or
attendant parking.
ii). Parking In -Lieu Fees
a. The number of parking spaces required by this chapter due to the
addition of floor area to an existing building or the construction of a
new building may be reduced by the payment of a parking in -lieu
fee to be established bysetby4he City Council resolution from time
to time.
b. Any residential unit constructed after the adoption of this program,
which is subsequently converted to a non - residential use is
required to provide parking as required by this chapter for such use
Page 19 of 21
40
or pay a parking in -lieu fee for the floor area converted to the non-
residential use.
C. Except as otherwise provided, theThe parking in -lieu fee must be
paid before the City issues isseaRGe lL-a Certificate of Occupancy.
Funds collected by the City from such payment wiiimust be
deposited in a special fund and used only by the City to acquire and
or develop additional parking and related facilities which are
determined by the City Council to be necessary to serve the
downtown. Funds paid to the City for in -lieu parking are non-
refundable.
d. For aood cause shown, as reasonably determined by the Director
of Plannina and Buildina Safety usina objective criteria established
by City Council resolution, the parking in -lieu fee may be paid over
a period of time not to exceed twenty (20) years from the date the
City issues a final Certificate of Occupancy. The obligation to pay
such in -lieu fee must be secured with appropriate sureties identified
by City Council resolution (including, without limitation, a restrictive
covenant recorded against real property) and approved as to form
by the Cily Attorney.
d e. Parking provided by the City will be developed within or adjacent to
boundaries of the Downtown Specific Plan. Payment of a parking
in -lieu fee does not provide or vest any property owner with a
special right, privilege or interest of any kind in any parking facility
that may result from the payment of the fee. There is no guarantee
that the City will build parking at any particular time or that it will
build parking in a location that will be of advantage to the property
owner paying the fee."
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: 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.
Page 20 of 21 4
1
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 2nd day of June, 2009.
Kelly McDowell, Mayor
APPROVED AS TO FORM:
M
Mark D. Hensley, City Attorney
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. 1429 was duly introduced by said City Council at a regular meeting held
on the 20th day of May 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 2nd day of June, 2009, and the same was so
passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
P: \Planning & Building Safety \Planning - Old \PROJECTS (Planning) \826 - 850 \EA 834 \Council Docs \EA 834 DSP Amend Ord
06202009
Page 21 of 21 -,
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: June 2, 2009
AGENDA HEADING: Consent Agenda
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 2251 E. Maple Avenue (Kaya Sushi Restaurant), EA No. 823 for
AUP No. 09 -01. Applicant: Dae Kil Im/Kaya Sushi Restaurant (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to a new Type 41 ABC license at 2251 E.
Maple Avenue; 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 District Map
3. Planning Commission Staff Report dated May 14, 2009
4. Approval Letter to Applicant dated May 7, 2009
5. Police Department and Building Safety Department Memorandum
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager VQ,-
REVIEWED BY: Greg Carpenter, Planning Building Safety Director
APPROVED BY: Jack Wayt, City Manage
BACKGROUND AND DISCUSSION:
I. Backparound
On April 4, 1995, the City Council decided to review all future Alcohol Beverage Control
(: "ABC ") license applications. ABC regulations require a 30 -day review and comment period,
for alcohol sales at restaurants, after notice to the local police and planning departments. A
protest should relate to public health, safety or welfare concerns.
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
0
43
District (RD) 307 which is the Corporate Campus Specific Plan Development. The Crime and
Arrest statistics show that the District had a total of 9 Part I crimes (criminal homicide, forcible
rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft and arson) and 3
felony and misdemeanor arrests for a total of 12 crimes. The Police Department and the Planning
and Building Safety Department do not object to a new ABC license for the existing restaurant;
the Building Safety Division only requires that the business get approval from the Los Angeles
County Health Department.
This license would be for the convenience of serving alcoholic beverages to the customers to
complement the food service at an existing restaurant. The outdoor dining area of the restaurant
is currently being expanded by 250 square feet for a total of 450 square feet. Restaurants are a
permitted use in the Corporate Campus Specific Plan (CCSP) Zone. The proposed on -site sale
and consumption of beer and wine at an existing restaurant and outdoor patio area greater the
200 square feet (450 square feet is proposed), requires an Administrative Use Permit (AUP) and
a Conditional Use Permit (CUP) respectively, in accordance with the development standards
contained within the Corporate Campus Specific Plan (CCSP) § V.C.I. A license is required,
since the applicant does not currently hold any alcohol license, and there was no previous license
issued for this address. The applicant's proposed hours of alcohol sale are expected to be during
the hours the restaurant is open and in accordance with the Corporate Campus Specific Plan.
The restaurant's hours of operation will be from: 11:00 a.m. to 2:30 p.m. for lunch and 5:30 p.m.
to 10:00 p.m. for dinner Monday through Sunday. Consequently, no alcohol would be sold
before 11:00 a.m. and there are no residential uses adjacent to the subject property.
On May 7, 2009 the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 823 and AUP No. 09 -01) for 2251 E. Maple Avenue. The Director's
decision was forwarded to the Planning Commission on May 14, 2009, which chose to receive
and file the item.
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 the determination without objecting
to a new Type 41 ABC license at 2251 E. Maple Avenue.
P:\Planning & Building Safety \0 Planning - Old\PRO]ECTS ( Planning) \801- 825\EA- 823\EA -823 AUP 09 -01 CUP
09 -02 CC SR.doc
4 s ,
4
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JULY — DECEMBER, 2008
PART I CRIMES AND ARRESTS STATISTICS BY REPORTING DISTRICT RD
RD
PART I CRIMES
(ONLY)
FELONY /MISD
ARRESTS
PART I ONLY
TOTAL
AVERAGE BY RD
PERCENTAGE+/ -
101
14
1
15
+66%
102
3
2
S
-44%
103
4
0
4
-55%
104
6
1
7
-22%
105
7
3
10
+11%
106
6
0
6
-33%
107
14
3
17
+88%
108
2
2
4
-55%
109
2
2
4
-55%
110
8
0
8
-11%
111
1
1
2
-77%
112
14
2
16
+77%
113
7
6
13
+44%
114
1
0
1
-88%
115
1
0
1
-88%
116
0
0
0
0%
201
4
1
5
-44%
202
1
1
2
-77%
203
1
0
1
-88%
204
5
1
6
-33%
205
8
1
9
0%
206
4
4
8
-11%
207
9
3
12
+33%
208
5
9
14
+55%
209
14
4
18
+100%
210
11
2
13
+44%
211
8
4
12
+33%
212
5
1
6
-33%
301
2
0
2
-77%
302
9
1
10
+11%
303
4
3
7
-22%
304
1
1
2
-77%
305
3
1 1
4
-55%
306
3
1
4
-55%
307
9
3
12
+33%
308
20
12
32
+255%
309
16
9
25
+177%
310
3
0
3
-66%
311
7
0
7
-22%
312
4
1
5
-44%
313
2
0
2
-77%
314
2
1
3
-66%
315
3
0
3
-66%
316
2
0
2
-77%
317
7
1
8
-11%
318
32
13
45
+400%
319
35
11
46
+411%
320
2
0
2
-77%
321
0
0
0
0%
322
9
7
16
+77%
323
0
0
0
0%
TOTALS
340
1 119
459
Number of Reporting Districts = 51
Average # of Part I Crimes per Reporting District = 7
Average # of Felony/ Misdemeanor Part I Crime Arrests per Reporting District = 2
Average # of Crimes and Arrests per Reporting District = 9
Results from 07/01/2008 through 12/31/2008
FORMULA: Add (Part I crimes + Pelony/Misd Arrest) then subtract from the Average # of Crimes and Arrest
per Rd, divided by Ilse Average # of Crimes and Arrests per RD and multiply by 100.
Sam ale: 14 +1= l5- 9 =6/9 =. 66z 100 = +66
�J
Records /eg Page 1 2/10/2009
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JULY - DECEMBER, 2008
PART I CRIMES AND ARRESTS STATISTICS BY REPORTING DISTRICT RD
RD
PART I CRIMES
PART II CRIMES
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
1.9%
303
4
15
19
37%
304
1
3
4
7 o
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%
31.0
3
2
5
9%
311
7
9
16
31%
312
4
6
10
19%
313
2
4
6
11%
314
2
8
10
19%
315
3
i 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
46
Records /eg Page 1 2/10/2009
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KIM
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING:
May 14, 2009
C
SUBJECT: Environmental Assessment No. EA -823,
Conditional Use Permit No. 09 -02 and
Administrative Use Permit No. 09 -01
APPLICANT: Dae Kil Im (Kaya Restaurant)
PROPERTY OWNER: Khedr Management Company, David Khedr
REQUEST: A request for a Conditional Use Permit for the
expansion of an outdoor dining area at an existing
restaurant and a request for an Administrative Use
Permit to allow the on -site sale and consumption of
alcohol (Type 41 Alcoholic Beverage Control
License for beer and wine)
PROPERTY INVOLVED: 2151 E. Maple Avenue
I. Introduction
The proposed project is a request for a Conditional Use Permit to expand an
outdoor patio area and an Administrative Use Permit to allow the sale and
consumption of alcohol and at an existing restaurant located at 2151 E. Maple
Avenue in the Corporate Campus Specific Plan (CCSP) Zone. The restaurant is
located within the retail portion of the Edge at Campus El Segundo (Building 16 Unit
12). The applicant is requesting a Type 41 license for the on -site sale and on -site
consumption of beer and wine from the California Department of Alcoholic
Beverage Control; this is the first request for such a license at this location. The
Director made the necessary findings to grant an Administrative Use Permit for the
on -site sale and consumption of alcohol and approved Administrative Use Permit on
May 7, 2009 (see Exhibit E).
II. Recommendation
Planning Staff recommends that the Planning Commission 1) review the facts and
findings contained within this report, and adopt Resolution No. 2656 approving
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Environmental Assessment No. EA -823 and Conditional Use Permit No. 09 -02, with
conditions, and 2) Receive and File Administrative Use Permit No. 09 -01.
III. Background
The Kaya Sushi restaurant, currently 2,397 gross square feet, will expand an
outdoor patio area by 250 square feet from 200 square feet to a total of 450 square
feet. The total gross floor area will be approximately 2,847 square feet.
Approximately 991 square feet of floor area will be dedicated to the interior dining
area which will contain 46 seats; the outdoor patio area will be 450 square feet
maximum and will contain 32 seats. The proposed hours of operation are from
11:00 a.m, to 2:30 p.m. for lunch service, and from 5:30 p.m. to 10:00 p.m. for
dinner service Monday through Sunday.
The existing 200 square foot outdoor patio is located along the west side of the
building in a large landscaped area that was originally designed and built with the
intent that there could be a future expansion of the patio. The current patio area is
fully enclosed by a 3 foot high metal handrail. A 4 foot wide meandering sidewalk
lines the perimeter of the patio area. The proposed expansion will be built within
the existing defined area; a 3 foot high perimeter brick wall will replace the metal
handrail to enclose the patio area; 3 feet of glass will be built on top of the brick wall
to provide a wind shield. A small meandering plant area will provide a landscape
buffer between the patio area and the adjacent sidewalk area; the sidewalk area will
remain unchanged. A decorative trellis will be built over the patio area for a total
overall height of 12 feet (see Exhibit B proposed elevation).
View of existing patio area southeast direction from the parking lot.
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The interior of the restaurant includes a main dining area, a bar area, restrooms and
kitchen area. The interior will contain 46 seats in the general dining area, including
10 seats at the bar. The outdoor dining area will increase from 12 seats to 32 total
seats. The restaurant will contain a combined total of 78 seats. The following chart
summarizes the proposed dining and seating areas:
E5TA FtANTt. *'p`O
O��DtSCtUARE 00 G,
t UM 1z" S..
�S,,rF�:k"'
�`'a
�;, � ��3`;�, �" '
r
� �•�
,;» k�' a • , s. , {��.r"���F�,•„�''.
�r� • ,�•� t, �?'�t� �,
Indoor Dining and
Bar
2,397 SF
46 seats
Proposed Outdoor
450 SF
32 seats
Patio
Northup Grumman
Urban Mixed Use North (MU-N)
Total
2,847 SF
78 seats
Surrounding Land Uses
The subject site is surrounded by other commercial /industrial uses. The
surrounding land uses are as follows:
IV. CONDITIONAL USE PERMIT PURPOSE FINDINGS AND ANALYSIS
Pursuant to El Segundo Municipal Code §15 -23 -4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in ESMC §15 -23 -6. As listed in ESMC §15 -23 -5, the purpose of a conditional
use permit is to 1) assure the compatibility of the particular use on the particular site
in relationship to other existing and potential uses within the general area in which
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Qiris,
North
Boeing Industries
Urban Mixed Use North (MU-N)
East
Northup Grumman
Urban Mixed Use North (MU-N)
Vacant — TPG Campus El
Corporate Campus Specific Plan
South
Segundo
(CCSP)
Various
West
commercial /industrial
Urban Mixed Use North (MU-N)
businesses
IV. CONDITIONAL USE PERMIT PURPOSE FINDINGS AND ANALYSIS
Pursuant to El Segundo Municipal Code §15 -23 -4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in ESMC §15 -23 -6. As listed in ESMC §15 -23 -5, the purpose of a conditional
use permit is to 1) assure the compatibility of the particular use on the particular site
in relationship to other existing and potential uses within the general area in which
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the use is proposed to be located; 2) assure the proposed use is consistent and
compatible with the purpose of the zone in which the site is located; and 3)
recognize and compensate for potential impacts that could be generated by the
proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic and
hazards. As listed in ESMC §15 -23 -6, the required findings are 1) That the
proposed location of the conditional use permit is in accord with the objectives of
the Title and the purposes of the zone in which the site is located; 2) that the
proposed location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or welfare,
or materially injurious to properties or improvements in the vicinity; and 3) the
proposed conditional use will comply with each of the applicable provisions of this
Chapter. Facts in support of said findings are outlined below.
Finding 1 - Compatibility
Restaurants are a permitted use in the Corporate Campus Specific Plan (CCSP)
Zone however, the proposed use, on -site sale and consumption of beer and wine at
an existing restaurant and an outdoor patio area greater the 200 square feet (450
square feet proposed), requires an Administrative Use Permit (AUP) and a
Conditional Use Permit (CUP) respectively, in accordance with the development
standards contained within the Corporate Campus Specific Plan (CCSP) § V.C.1.
Restaurants, such as the subject full service restaurant typically have outdoor dining
area that provides choice of indoor or outdoor dining for restaurant patrons. The
proposed outdoor dining area will be compatible with the existing retail, cafe and
office uses on site and in the surrounding area. These uses are customarily located
in complexes like the Edge at Corporate Campus that serve the dining needs of
corporate employees.
Finding 2 — Zoning Consistency
The proposed outdoor dining area expansion is located within an existing restaurant
and within the fully developed Edge at Corporate Campus development. The 450
square foot patio area is a permitted use within the CCSP Zone subject to a
conditional use permit. The following chart reflects development standards for the
Corporate Campus Specific Plan Zone; the proposed patio expansion complies with
these requirements.
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.. ` , `t\i t ti+ i , : � ri 1 ,'A a y.. k: :h fin} ; t ..�+t.•,xr• T y+:a ^r�*. t !ni
e
Outdoor dining area exceeding 200
square feet in area or 20% of the
indoor dining area whichever is 450 square -foot outdoor dining
Use
less subject to a conditional use
permit. area
Corporate Campus Specific Plan
Height
175 feet maximum
12 feet (complies)
Minimum of 15 feet from adjoining
public rights -of -way @ Nash Street,
100 feet from west interior
Atwood Way, Douglas Street, and
property line
Mariposa Avenue.
70 feet from south property line
at Maple Avenue
Setback'
Within the interior of the Specific
200 feet from north interior
Plan, 5 feet from each lot line,
property line
except from buildings adjacent to
240 feet from the east property
private streets and internal
line at Douglas Street.
roadways, in which case setbacks
are 15 feet from curb face.
The entire Corporate campus site
1/300 first 25,000 square feet
is parked at 3/1000
Parking
1/350 second 25,000 square feet
Parcel 7 -121 provided /120
1/400 area over 50,000 square feet
required per the approved parking
reduction
On March 6 2009, in accordance with the Corporate Campus Specific Plan, a 20
percent parking reduction for the entire retail center was granted by the Director of
Planning and Building Safety. The reduction was granted based on a shared
parking analysis performed by Walker Parking Consultants which demonstrated that
based on the benefits of shared parking and the mix of uses with differing peak
parking demands, there would not be substantial conflict with parking demand
between the joint uses thus, the reduction would not be detrimental to the overall
demand for parking within the existing, fully leased retail center. The proposed
outdoor patio expansion was included in that analysis.
As such and with the reduction, 120 parking spaces would be required and 121
were provided. The existing restaurant and the proposed patio expansion have a
1 The Corporate Campus Specific Plan defines setbacks from public rights -of -way and private internal streets and
not from front side or rear property lines.
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net floor area of 2,752 net square feet which requires 36 parking spaces; a total of
121 parking spaces are currently available for the entire retail center. The table on
the following page (Table 1) provides a breakdown of all uses within the retail
center.
Table 1
Building 16
7 Starbucks:
Lease
Restaurant
Gross
Net
Code Parking
Tenant
Status
Type
Sq. Footage
Sq. Footage
Ratio
Spaces
B_ uilding 17
9 Salad Creations
Lease
Cafe
1,124
1,079
300
1 Xerox
Lease
Retail
3,663
3,516
300
11.7
2 Scottrade
Lease
Retail
1,197
1,149
300
3.8
3 Z Pizza
Lease
Restaurant
1,180
1,133
75
15.1
4 Gelato / Z Pizza
LOI
Restaurant
916
879
75
11.7
5 Subway
Lease
Cafe
1,126
1,081
300
3.6
6 Noah's
Lease
Restaurant
2,522
2,421
75
32.3
150.8
10,604
10,179
783
Building 16
7 Starbucks:
Lease
Restaurant
1,558
1,502
75
20.0
8 Open
LOI
Cafe / Retail
654
627
300
2.1
9 Salad Creations
Lease
Cafe
1,124
1,079
300
3.6
10 Premiere Chiropractic
Lease
Medical
1,197
1,149
200
5.7
11 Premiere Chiropractic
Lease
Office
1,174
1,127
300
3.8
12 Kaya Sushi
Lease
Restaurant
2,397
2,302
75
30.7
12A Kaya Sushi Patio
LOI
Restaurant
500
500
75
6.7
8,604
8,286
72.6
Total
19,208
18,465
150.8
20% reduction
30.2
Required Parking
120.7
Available Parking
121.0
Finding 3 -Impacts
The proposed location, which is the west side of the existing restaurant and patio
area, and the conditions under which the use would be operated or maintained will
not be detrimental to the public health, safety or welfare. The existing restaurant is
located inside an existing retail commercial building (Building 16 Unit 12 —the retail
potion of the Edge at Corporate Campus). Each building is equipped with a
monitored alarm system.
Noise is a potential impact that can be associated with the expanded outdoor dining
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area however, the project area is completely commercial /industrial and there are no
sensitive residential developments. Additionally, the Corporate Campus Specific
Plan conditions of approval limit the restaurant dining hours of operation for the sale
of alcohol only from 10:00 a.m. to 2:00 a.m. seven days a week. The proposed
hours of operation for the sale of alcohol are from 11 :00 a.m. to 2:30 p.m. for the
lunch hour, and again from 5:30 p.m. to 10:00 p.m. for the dinner service, Monday
through Sunday. The outdoor dining patio would be open the same hours as the
restaurant. Any change to the hours of operation is subject to review and approval
by the Director of Planning and Building Safety.
As analyzed above, there is adequate evidence to support the three required
Conditional Use Permit findings subject to the listed conditions of approval in the
attached resolution. The Planning Commission may consider and impose additional
conditions which it deems necessary, if it demonstrates a reasonable relationship
between the condition it desires to impose and the project's impact.
V. GENERAL PLAN CONSISTENCY
The General Plan land use designation for the site is Corporate Campus Specific
Plan and is consistent with the current zoning designation which is Corporate
Campus Specific Plan as specified in the attached draft resolution.
VI. INTER - DEPARTMENTAL COMMENTS
The project applications and plans were circulated to the Police Department and
Building Division for review. The Police Department had no comments. The
Building Division's Plan Check Engineer submitted comments which have been
incorporated in the conditions of approval.
VII. ENVIRONMENTAL REVIEW
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) and pursuant to 14
California Code of Regulations § 15303 as a Class 3 categorical exemption (New
Construction or Conversion of Small Structures). The project includes an alcohol
license for, an existing restaurant which results in a minor alteration in the operation
of an existing building involving a minor expansion of the existing use with the
addition of a 250 square -foot outdoor dining patio. 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.
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VIII. CONCLUSION
Planning staff recommends that the Planning Commission: 1) adopt Resolution No.
2656, approving Environmental Assessment No. EA -823 and Conditional Use
Permit No. 09 -02, with conditions based upon the findings as contained in this
report; and 2) Receive and File Administrative Use Permit No. 09 -01.
V. EXHIBITS
A. Draft Resolurion No. 2656
B. Inter - departmental Comments
C. Administrative Use Permit Application
D. Conditional Use Permit Application
E. Administrative Use Permit Approval Letter, dated May 7, 2009
F. Plans
Prepared by: Trayci Nelson, Senior Planning Consultant
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Kimberly Chr' ensen, AICP, Planning Manager
Departrpent of lanning & Building Safety
Greg C rpen r, D' ctor
Depa ment anning & Building Safety
P \Planning & Building Safel)4 Planning - Old\PROJECTS ( Planning) 1801- 8251EA- 823 \EA- 823.PC- SR.doc
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RESOLUTION NO. 2656
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO. EA-
823 AND CONDITIONAL USE PERMIT NO. 09 -02 TO ALLOW A 450
SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION WITH AN
EXISTING RESTAURANT IN THE CORPORATE CAMPUS SPECIFIC
PLAN (CCSP) ZONE AT 2151 E. MAPLE AVENUE.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On January 6, 2009, Dae Kil Im on behalf of Kaya Restaurant filed an
application for Environmental Assessment No. EA -823 and Conditional Use
Permit No. 09 -02 to allow the construction and use of a 450 square -foot
outdoor dining area in conjunction with an existing restaurant at 2251 E.
Maple Avenue;
B. The application 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 ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq:., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of
Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16,1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for May 14, 2009;
E. On iMay 14, 2009, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Continental
Development Corporation and its representatives; and
F. The; Commission considered the information provided by City staff, public
testimony, and the representative for Kaya Sushi Restaurant. This Resolution
and its findings are made, in part, based upon the evidence presented to the
Commission at its May 14, 2009 public hearing including, without limitation,
the staff report submitted by the Planning and Building Safety Department.
SECTION 2: Factual Findings. The Commission finds that the following facts exist:
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A. The subject site is located in the Corporate Campus Specific Plan (CCSP)
Zone at 2251 E. Maple Avenue.
B. The subject site is located in the retail portion of the Edge at Corporate
Campus development, which is within the larger area known as the Corporate
Campus Specific Plan.
C. The subject site is currently developed within the Edge at Corporate Campus
development and contains roughly 216,000 square feet of existing office and
retail area including; 196,000 square feet of office floor area and 19,000
square feet of retail floor area in 17 buildings.
D. The' proposed expansion of the existing 200 square foot outdoor patio area to
450square feet within the existing 2,397 square foot restaurant will bring the
total floor area to 2,847 square feet.
E. They subject site is located within the retail portion of the Edge at Campus El
Segundo development, lot 7 of Tract 68231; the lot has 121 parking spaces
available and 36 spaces are required for the proposed restaurant, and
expanded outdoor dining area.
F. A Conditional Use Permit is required for outdoor dining areas which exceed
2001square feet or 20% of the indoor dining area, whichever is less, pursuant
to El Segundo Municipal Code §15- 5F -5(H).
G. The: proposed outdoor dining area is approximately 450 square feet in area.
SECTION 3: Environmental Assessment. The proposed project is categorically exempt
from the requirerTlents of the California Environmental Quality Act (CEQA) pursuant to 14
California Code f Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities) and pursuant to 14 California Code of Regulations § 15303 as a Class 3
categorical exemption (New Construction or Conversion of Small Structures). The project
includes an alcohol license for an existing restaurant which results in a minor alteration in
the operation of a { existing building involving a minor expansion of the existing use with the
addition of a 250 square -foot outdoor dining patio. 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.
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SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows: {
A. Thep El Segundo General Plan land use designation for the property is
Corporate Campus Specific Plan. This designation permits a mixture of
office, research and development, retail, restaurants and hotel uses. The
existing restaurant use is a permitted use in the Corporate Campus Specific
Plan; (CCSP) Zone. Outdoor dining areas in conjunction with a restaurant that
exceed 200 square feet or 20% of the indoor dining area, whichever is less,
are permitted with approval of a Conditional Use Permit. J
B. Th ' proposed use is consistent with Land Use Element Goal LU4 in that it
proLides a stable tax base for the City through development of new
commercial uses, primarily within a mixed -use environment, without adversely
affgcting the viability of Downtown.
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C. The proposed use is consistent with Land Use Element Objective LU4 -4 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and a encourage pedestrian
environment.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. Thp proposed location of the conditional use is in accord with the objectives of
this Title and the purposes of the zone in which the site is located.
Th� zoning designation for the subject site is Corporate Campus Specific Plan
(CCySP). This zone allows outdoor dining areas which exceed 200 square
feel or 20% of the indoor dining area, whichever is less, subject to the
grating of a conditional use permit. The size of the outdoor dining area is
appropriate to its location as it will be incidental to the restaurant. The
principal uses in the zone are restricted to a mixture of commercial, office,
research and development, retail, restaurant and hotel uses. The subject site
(lot C 7 of Tract 68231) consists of roughly 19,000 square feet of retail
commercial floor area in two buildings containing a variety of such uses
including Salad Creations, Noah's Bagel, Subway, Starbucks, Kaya Sushi,
Scottrade, Xceed Financial, and Premier Chiropractic. It is the intent of the
CCSP Zone to have several types of uses occupy a single building. The
restaurant with the accompanying outdoor dining area is in accord with the
principal objectives of the zone.
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B. ThIt the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity.
The. proposed location of the conditional use is adjacent to the west side of an
existing 2,397 square foot restaurant located within the Edge at Corporate
Campus which it is bounded by Atwood Way on the north, Douglas street to
the east, Maple Avenue to the south, and Nash Street west. No particular use
is adjacent or near the proposed outdoor dining area that could be impacted
by the operation of the outdoor dining area which faces the internal parking
area. Outdoor dining activities are not anticipated to be detrimental to
adjacent businesses and no residential uses are located in the vicinity. As
such, the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity. 50
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C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESMC Chapter 15 -23 and 15 -27 since proper notice was provided and a
hearing was scheduled for May 14, 2009. In addition, proper hearing decision
procedures and records will be complied with, and the required findings will be
considered. The proposed project meets all of the current ESMC
requirements.
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SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit 'A" which
are incorporated, into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -823 and Conditional Use Permit No. 09 -02.
SECTION 7: Thi4 Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to Dae
Kil Im of Kaya Restaurant and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
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PASSED, APPROVED AND ADOPTED this 14th day of May 2009.
ATTEST:
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Greg Carpenter, Secretary
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APPROVED AS TO FORM:
Mark D. Hensley, !City Attorney
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David Wagner, Chair
City of El Segundo Planning Commission
Karl H. Berber, Assistant City Attorney
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Wagner -
Fellhauer -
Baldino -
Fuentes -
Newman -
61
PLANNING COMMISSION RESOLUTION NO. 2656
Exhibit A
CONDITIONS OF APPROVAL
In addition to ally applicable provisions of the El Segundo Municipal Code ("ESMC"),.
Continental Development Corporation agrees to comply with the following provisions as
conditions for the �City of El Segundo's approval of Environmental Assessment No. EA -823
and Conditional Use Permit No. 09 -02 ( "Project Conditions "):
t.
Zoning Conditions
1. This approval is for the project as shown on the plans reviewed and approved by the
Planning Qommission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans andiconditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Director of the
Planning apd Building Safety Department for a determination regarding the need for
Planning Commission review and approval of the proposed modification.
2. The outdoor dining area must comply with all requirements of the Corporate Campus
Specific Plan.
3. The Corporate Campus Specific Plan conditions of approval limit the restaurant
dining hours of operation for the sale of alcohol only from 10:00 a.m. to 2:00 a.m.
seven days a week. The proposed hours of operation for the sale of alcohol are from
11:00 a.m. to 2:30 p.m. for lunch service, and again from 5:30 p.m. to 10:00 p.m. for
dinner service Monday through Sunday. The outdoor dining patio would be open the
same hours as the restaurant.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided, and must meet the noise and vibration requirements of ESMC § 7 -2 -1.
5. Before the, City issues building permits, the applicant/property owner must submit
landscaping and irrigation plans for any new or modified landscaping areas to the
Planning and Building Safety and Recreation and Parks Departments for review.
6. A conditional use permit issued under the terms of this Chapter (ESMC 15 -23 -11 B)
shall expire; 24 months after its approval if the use has not been commenced under a
valid building permit.
7. The expiration of the approved conditional use permit shall terminate all proceedings.
The City shall not be responsible to notify the applicant of a pending expiration.
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Building Safety C4onditions
8. The applicant must comply with the California Building Code 2007 Edition as
amended by the City of El Segundo for the new patio structure.
9. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
10. Provide 1 wheel chair seating space in the patio area.
Fire Department Conditions
11. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Miscellan
12. Kaya Restaurant agrees to indemnify and hold the City harmless from and against
any claim,taction, damages, costs (including, without limitation, attorney's fees),
injuries, or iability, arising from the City's approval of Environmental Assessment No.
EA -823 an,.'d Conditional 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 Environmental Assessment
No. EA -82 and Conditional Use Permit No. 09 -02, the Applicant agrees to defend
the City (at the City's request and with counsel satisfactory to the City) and will
indemnify the City for any judgment rendered against it or any sums paid out in
settlement or otherwise. For purposes of this section "the City" includes the City of El
Segundo's elected officials, appointed officials, officers, and employees.
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By signing this document, Continental Development Corporation, certifies that they read,
understood, and �gree to the Project Conditions listed in this document.
Dae II Kim
Kaya Restaurant
(If Corporation or :similar entity, needs two officer signatures or evidence that one
signature binds th;e company)
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Planning) \801- 825 \EA - 823 \EA -823
2151 E. Maple. Ave.PCReso.05.14.2009.doc
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City of El Segundo
INTER = DEPARTMENTAL CORRESPONDENCE
Circulation Date: February 9, 2009
TO: David Cummings, Police Chief
Suresh Tyagi, Plan Check Engineer
FROM: Greg Carpenter, Director, Planning and Building Safety
Kimberly Christensen, AICP, Planning Manager
STAFF
PLANNER: Trayci Nelson, Contract Senior Planner
SUBJECT: Environmental Assessment No. EA -823 and Administrative Use Permit No.
(QUP) 09 -01: To allow the sale and consumption of alcohol at an existing
restaurant
dress: 2251 E. Maple Ave (The Edge at Campus El
Segundo)
Applicant: Kaya Sushi Restaurant, Dae Kil Im
Property Owner: AMB DFS El Segundo, LLC
The applicant, 4ya Sushi, requests an Administrative Use Permit to allow an alcohol license
for the sell of bier and wine for on -site consumption (Type 41 Alcoholic Beverage Control
license) at their existing restaurant located within the Edge at Campus El Segundo
development. The restaurant is located within the retail portion of the development (Bldg 16
Unit 12) at 225j E. Maple Ave. The restaurant is approximately 2,397 square feet in total
area including ` 200 square foot outdoor patio area, and contains a total of 62 seats. The
outdoor patio of the west side of the building provides seating for 12 and the remaining 50
seats are located inside of the restaurant.
i
Attached for your review and comment is a copy of the application and plans. Please return
the plans along with any comments by February 19, 2009. You may also e-mail your
comments totqelson @elsegundo.org. Should you have any questions about the project,
please contact Trayci Nelson, Planning Consultant at extension 2342.
f
i
611
COMMENTS:
"i
Encl.: Application
Plans
P: \Planning & Building SafetoPROJECTS\ 801 - 825 \EA- 823\2008.EA- 823.IDC.doc
z -0 -- M
Date
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65
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City of El Segundo
INTER= DEPARTMENTAL CORRESPONDENCE
Circulation Date: February 9, 2009
TO: David Cummings, Police Chief
Suresh Tyagi, Plan Check Engineer
i
FROM: Greg Carpenter, Director, Planning and Building Safety
Kimberly Christensen, AICP, Planning Manager
STAFF
PLANNER: Trayci Nelson, Contract Senior Planner
SUBJECT: Envi1ronmental Assessment No. EA -823 and Administrative Use Permit No.
AUl 09 -01: To allow the sale and consumption of alcohol at an existing
restaurant
Address: 2251 E. Maple Ave (The Edge at Campus El
I Segundo)
Applicant: Kaya Sushi Restaurant, Dae Kil Im
Property Owner: AMB DFS El Segundo, LLC
The applicant, Kaya Sushi, requests an Administrative Use Permit to allow an alcohol license
for the sell of beer��and wine for on -site consumption (Type 41 Alcoholic Beverage Control
license) at their xisting restaurant located within the Edge at Campus El Segundo
development. The restaurant is located within the retail portion of the development (Bldg 16
Unit 12) at 2251 Ek Maple Ave. The restaurant is approximately 2,397 square feet in total
area including a 2 §0 square foot outdoor patio area, and contains a total of 62 seats. The
outdoor patio on the west side of the building provides seating for 12 and the remaining 50
seats are located inside of the restaurant.
Attached for your review and comment is a copy of the application and plans. Please return
the plans along with any comments by February 19, 2009. You may also e-mail your
comments to tnelson @elsegundo.org. Should you have any questions about the project,
please contact Trayci Nelson, Planning Consultant at extension 2342.
6U
COMMENTS:
Reviewed By:
' l t � Y.e- v
fkAe-l-� C-& J.,-�
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Signature and Tle
Encl.: Application
Plans
PAPlanning & Building Safet�kPROJECTS\ 801 - 825 \EA- 823\2008.EA- 823.IDC.doc
,-9- / )-- ---v
Date
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City of El Segundo
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 524 -2344; FAX: (310) 322 -4167
www.elsequndo.org
USE PERMIT
APPLIC TION FOR AN AD
Environmental Assessment No: 23 AUP No: U -
Applicant:
1�� I<i
Name (print or type)
z4-1 Coa f ►�I�1vch Uc
Address
t_o�i Ahr, r'fc4 A �-
C ity /St/Zi p
Check One: Owner ❑ Lessee
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Property Owner:
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Name (print or type)
2'0 W' - 19G o 8
Address
-mrm hC�. CA I �a�o 4-
City /St/Zip
ADMINISTRATIVE
Date: 1 • (o - �.o
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Phone Fax
le4w'�'tjz7bTe h
Em
Signature
["f Agent ❑
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4-1-3, -3 IU. 1eI .
Phone Fax
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Email
Signature
Representative of applicant: (i.e., attorney, expeditor, etc.)
Name (print or type) Phone Fax
Address Ema'
City ip Signature
1 EA -823; AUP 09 -01 v
2251 E. MoPle Ave
Architect/Engineer:
I
Name (print or type)
Address
City/S
Property situated at: :
C
Phone
Fax
Email
Signature
(Exact legal description. Provide attachment, if necessary).
General location: 2D 13 1 -F j2Je AVC, between /�c
Address (StreeUAvenue (Street/Avenue)
Zoning: G'�S General Plan Land Use Designation:
El Segundo Municipal Code Sections Relating to Request:
I:
Request: Under the pfovisions of Section 15 -22 -3 of the El Segundo Municipal Code, application for
consideration of an Administration Use Permit for the above described property.
1. Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e.,
bank, general office, industrial, restaurant, etc.) buildings, and other equipment necessary to the project.
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2. Describe the existing evelopment on the site (include square footages and uses of each building).
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3. Explain in detail why this particular site is especially suited for the proposed development and how it is
compatible with the why'
of the zone.
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Describe how the proposed
area and will not have
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project relates to the development of adjacent properties and the immediate
detrimental effects to the adjacent properties or neighborhood.
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Describe the request
are multiple uses o
entertainment is pro
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hours of operation of the proposed use /uses. Please list hours for each use if there
the site. If the application is for an alcohol permit, please also clarify if any
osed and what are the requested hours of entertainment.
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If the application is foi an alcohol permit, please list the type of alcohol license you are requesting (i.e., Type
41, On -site Sale and Consumption of beer and wine).
lhd can4d M 1 fi ioh of r el r)d wihe.
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EA -823; AUP 09 -U1
3
2251 E. Maple Ave.
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NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
1, being duly sworn depose and say that I /we4 ,,-r E4�
the OWNER of the property involved in "this application and that I /we have familiarized myself (ourselves)
with the rules and regu.)ation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of my /our knowledge and belief.
A
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gnat a Date
d
STATE OF CALIFORNIA, )
County of Los Angeles � )ss.
On his t day of 20 before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the I$erson whose name subscribe to the within
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand anq official seal.
Notary Public in and for said County and State
EA -823; AUP 09 -01 71
2251 E. Maple Ave.
l OWNER'S AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand that this person will lie the primary contact on the project and will be sent all
information and correspondence.
I, We
of the property invol
regulation of the City
documents and all pl
APPLICANT AFFIDAVIT
Date
am (are) the APPLICANT(S)
,d in this application; I (we) have familiarized myself (ourselves) with the rules and
If El Segundo with respect to preparing and filing this application; and the information
Iis is true and correct to the best of my (our) knowledge and belief.
i
(
P
Applicant's Signature
EA -823; AUp 09 -01
2251 E. Maple Ave.
Date
�7 n
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of �S t�I`I t7L�s
On 1 Z 1 11 0 S � before me, S DyAN yn fajlS Na Iwy OF "U C ,
Date 1 Here Insert Name and Ti le of the Officer
personally appeared',_ L l- 1E E M
Name(s) of Signers)
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
C.s he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
SAgAH DYAN CHIONIS instrument the person(s), or the entity upon behalf of
Com Ission * 1810219 which the person(s) acted, executed the instrument.
=-
-.: Not', Public - California
my Comm. Excites Aug 19, 2012 Y
Z L. Angeles County I certii under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
a true and correct.
i WITNESS my hand and official seal.
t Signature
Place Notary Seal Above Signalur 1 No4ry Public
r OPTIONAL
Though the informati n below is not required by law, it may prove valuable to persons relying on the document
and could &vent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Docum
Document Date:
Signer(s) Other Than Npmed Above:
Capacity(ies) Claimed by Signer(s)
1
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Li mite ❑ General
❑ Attorney in Fact •
O Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:' Signer Is Representing:
02007 National Notary Association
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
De Solo Ave., PO. Box 2402 • Chalsworth, CA 913132402 • www.NafionalNotary org Item 45907 Reorder: Call Toll -Free 1- 600876 -6827
EA-823; AUP 09.01
2251 E. M-Ple Ave.
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4PR 0 2009 ;/1,%
p1-AlftliVc,v,v'SI0
City of El Segundo
Planning and Building Safety Dept.
350 Main Street
El Segundo, CA 90245
(310)524 -2344; FAX (310)322 -4187
www,elseaundo.org
APPLICATION FOR A CONDITIONAL USE PERMIT
Environmental Assessment No: Eh O Z3 Conditional Use Permit No: L)cl ® 2-
9
Date: il' poq
Applicant:
e I4i 1 TM
Name (print or type)
z.? r-, I -e-4 I~H-
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Address
C eq
_
City /St/Zip
Check One:
wner E9,' Le:
Property Owner:
I
David Khedr
s
Name (print or type)
1242 Third Street Plromenade,
#206
Address
,
Santa C9onica, CA ')U4UI
City /SUZip
• f5j:Z 5 I ca .
P�/h�ojn�e / Fax ,
—Email) i'1
Signature
see ❑ Agent ❑
310 -394 -6791 (.3/0) 39f/-6 -7 92-
Phone Fax
dkhedr @aol.com
Email
ignature
F
Representative of applicant: (i.e., attorney, expeditor, etc.)
Name (print or type)
Address
City /SUZip
Email
Phone Fax
Signature
7
Architect/Enaineer:
h
Name (print or type) r
Address
City/St/Zip
Property Situated at: r
k
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General Location:
Address
El Segundo Municipal
Request: Under the pr
consideration of a Conc
1.
2.
Phone
Email
Signature
(Exact legal description. Provide attachment, if necessary).
ax
between Street/Avenue and Street/Avenue
We Section(s)Relating to Request:
sions of Title 15, Chapter 23.4 of the Municipal Code, application for
anal Use Permit for the above described property.
uescnDe in aet�n
restaurant, etc.),
design of buildi=ngs
(mechanical, telephone
loading docks, etc.).
the entire proposea protect. uses involved (i.e. nanK, general office, industrial,
number of buildings and size, (inctiding square footage and number of stories);
(style, materials, colors), and related equipment necessary to the project
and electrical equipment, transformers, generators, trash enclosures,
Add additional sheets to answer questions as needed.
Describe the ex
sting development on the site. Includesquare footages, and uses of each building.
2
3. Explain in det4il why this particular site is especially suited for the proposed development on the
site and how it is compatible with the purpose of the zone.
4. Describe how Te proposed project related to the development of adjacent properties and the
immprfintP CIIrrnllntiinn aPAa and will not hnva tiatrimantal afforte M tho orlinrant nrnnar4ine nr
5.
neighborhood.
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Describe hours
of operation for the proposed use /uses.
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NOTE: Separate Affidavits must be submitted if there are multiple owners.
i
OWNER'S AFFIDAVIT
I, We DAVID KHEDR being duly sworn depose and say that Itwe am
the OWNER of the property involved in this application and that Itwe have familiarized myself (ourselves) with
the rules and regulation of the City of El Segundo with respect to preparing and filing this application and that
the foregoing statements herein contained and the information documents and all plans attached hereto are in
all respects true and c rrect to the best of my /our knowledge and belief.
no
Signatu
DAVID KHEDR
STATE OF CALIFORN
County of Los Angeles
On this /&I,,
Public in and for said C
known to me to be the
within instrument, and
)ss.
_ day of i' 20 M , before mi
inty and Stat , personally appe .Weq,�;,,�
rson whose name
.knowledged to me that he /she executed the same.
WITNESS my hand and official seal.
� 16 200
Date
A.
` ALEXANDER D. MEBANE'
COMM. #1572533 �
Notary�ublic • California. 0'* G
z �., Los Angeles County Notary Public in and for said Cou and State
i
AGENT AUTHORIZATION
I hereby authorize ! to act for me /us in all matters relevant to this application. m;lvpr
I understand that this person will be the exclusive contact on the project and will be sent all Information and
correspondence.
%& 2001
Owner's Signature
;David Khedr
x
i
AGENT AFFIDAVIT
1, We Laura Mayer'; , Project Coordinator being duly swom depose and say that I/we am
the AGENT of the property involved in this application and that I/we have familiarized myself (ourselves) with
the rules and regulationlof the City of El Segundo with respect to preparing and filing this application and that
the foregoing statements herein contained and the information documents and all plans attached hereto are in
all respects true and correct to the best of my /our knowledge and belief.
STATE OF CALIFORN
County of Los Angeles
ra`1�Cayer, Pro ect Coo
Ventures, Inc.
)SS.
ator
ly-- /-�
Date
20
On this / _] }`, day of A p r• 1 20 oc_ , before me, the undersigned Notary
Public in and for said County and State, personally appeared ( 0l0 1 L nl Ct- V e r
known to me to be the person whose name La U r ti m � v e r subscribe to the
within instrument, and adj nowledged to me that he /she executed the same.
WITNESS my hand and official seal.
MARISSA E. PESCE
Commiss�ion +r 1836218 Z
Notary Public • California z
Los Ageeies County ' Notary Public in and for said County and State
My Comm. Expires Feb 13. 2013 t
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{ 5 r� O
Elected Officials
Kelly McDowell,
Mayor
Eric K. Busch,
Mayor Pro Tem
Carl Jacobson,
Council Member
all/ Fisher,
Council Member
Don Brann,
Council Member
Cindy Mortesen,
City Clerk
Ralph Lanphere,
City Treasurer
Appointed Officials:
Jack Way(,
City Manager
Mark D. Hensley,
City Attorney
Department Directors:
BIII Crowe,
Assistant City Manager
Deborah Cullen,
Finance
Robert Hyland,
Human Resources
Kevin Smith,
Fire Chief
Debra Brighton,
Library Se- Ices
Greg Carpenter, .
Planning and Building
Safety
David Cummings,
Police. Chief
Dana Groenwood,
Public Works
Robert Cummings,
Recreation d Parks
www.elsegundo.org
s
Planning & Building Safety Department
May 7, 2009
i
I
Dae Kil Im
2477 Cooliage Avenue
Los Angeles, CA 90064
E: Environmental Assessment: No-EA-821 for
Administrative. Use; PermiMAUK No.; 09 -01
On -Site :Sale and. Consumption of Beer and Wine in
Conjunction with the Operation of a .Restaurant (Kays Sushi)
for a Type 4 -1 State of California Alcoholic Beverage Control
License and the expansion of an existing outdoor patio area.
Address: 2251 E Maple Avenue (The Edge at Campus El
Segundo)
Dear Mr. Im:
the purpose of this letter is to inform you that, in accordance with El
Segundo Municipal Code (ESMC) Chapter 15 -22, the Planning Division
reviewed your application for the above- referenced project and 'the
Director of Planning and, .Building Safety APPROVED Environmental
Assessment No. EA -823 for Administrative Use Permit No. 09 -01 for the
I nsite sale and on -site consumption of beer and wine. The Director also
PPROVED Conditional Use Permit No. 09 -02 for expanding an existing
Ltdoor dining area at 2251 E. Maple Avenue. The Director did not
identify a reason: to oppose the proposed Type 41 license by the Alcoholic
beverage Control Department for the existing restaurant located at 2251 E
Yaple Avenue, within the Edge at Campus El Segundo development. The
following are the findings and facts in support, of each finding for this
decision:
s
a
i
I
350 Main Street, Ei Segundo, California 90245 -3813 S�
Phone (310) 524 -2380 FAX (310) 322 -4167 U U
P 19 Pi_A-)J�
V
Environmental I
Findinq 1
ACTS IN
essment No. EA -823
• The proposed project is exempt from the requirements of the California
Environmental Quality Act (CEQA) Pursuant to 14 California Code of Regulations
§ 15301 asia Class 1 categorical exemption (Existing Facilities).
Facts in Support of Finding 1
1. The applicant requests an alcohol license for the on -site sale and consumption of
beer and wine at an existing restaurant located within the Edge at Campus El
Segundo development. In addition, the applicant seeks to expand the restaurant
by adding 250 square feet of outdoor dining area. The Edge contains
approximately 216,000 square feet of existing office and retail area including;
196,000 square feet of office floor area and 19,000 square feet of retail floor area
in 17 buildings. The property is in an urbanized and developed area where it has
adequate Iccess and all public services and facilities are available. The Edge at
Campus E Segundo site is currently developed with several office buildings with
retail uses and it is in an area that is not environmentally sensitive. Therefore,
the project is not anticipated to have any significant impacts with regard to traffic,
noise, air c uality or water quality.
The project consists of the expansion of an existing outdoor dining area from 200
square feeiit to 450 square feet in and existing restaurant and within an existing
restaurant.l
Administrative Use Permit 09 -01
Finding 1
• There is compatibility of the particular use on the particular site in relationship to
other exist�ng and potential uses within the general area in which the use is
proposed t; be located.
Facts in Supportjof Finding 1
1. The applic nt proposes to expand and existing outdoor dining area from 200
square feet to 450 square feet, and provide on -site sale and consumption of beer
and wine i an existing restaurant. The restaurant is located within the retail
portion of ,he Edge at Campus El Segundo development (Bldg 16 Unit 12) at
2251 E. Mfple Ave. The restaurant is approximately 2,597 square feet in total
area including a 200 square foot outdoor patio area, and contains a total of 58
seats. The proposed outdoor patio expansion on the west side of the building will
4
1
2
increase §eating from 12 seats to 32 seats for a new combined total of 78 seats
(46 seats] on the building interior). The overall floor area of the restaurant will
increase by 250 square feet to 2,847 square feet. The minimum number of
required parking spaces for the restaurant is 37 parking stalls which will be
provided Qn -site within the total available of 121 spaces.
2. The prop�sed restaurant will be compatible with, and is intended to support the
surroundi T g land uses which include commercial, retail, restaurant, office, and
light industrial uses. Other uses in the retail portion of the center include Salad
Creations Noah's Bagel, Subway, Starbucks, Zpizza, Scottrade, Xceed
Financial,land Premier Chiropractic.
3. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan (CCSP). The zoning for the site is Corporate Campus Specific Plan
(CCSP). festaurants are permitted uses in the Corporate Campus Specific Plan
(CCSP) one in accordance with CCSP § V.A.17 and on -site sale and
consumptilon of alcohol is permitted with the approval of an Administrative Use
Permit in accordance with CCSP § V.C.1.
S
4. The Corporate Campus Specific Plan (CCSP) Zone permits, and the surrounding
land usesinclude: commercial retail, restaurant, office, hotel, and light industrial
uses. The proposed restaurant will be similar and compatible with the
surrounding uses.
5. The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) licepse for on -site sale and consumption of alcohol (Type 41).
6. On May 14, 2009 the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request.
li
Finding 2
4
• The propo'''sed use is consistent and compatible with the purpose of the Zone in
which the site is located.
a
i
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan.
2. The zoning for the site is Corporate Campus Specific Plan (CCSP). Restaurants
are a permitted use in this Zoning District in accordance with the CCSP. The
proposed „use, on -site sale and consumption of beer and at an existing
restaurant,;. requires an Administrative Use Permit in accordance with the CCSP.
c
3
-i
3. The purpose of the Corporate Campus Specific Plan (CCSP) Zone is to provide
areas where a mixture of compatible commercial, office, research and
developrrlent, retail and hotel uses can locate and develop in a mutually
beneficial! manner. It is the intent of the Corporate Campus Specific Plan (CCSP)
Zone to have several types of uses occupy a single building.
4. The surrounding land uses include: commercial retail, restaurant, and office and
light industrial uses. The proposed restaurant will be compatible with the
surroun4g land 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 Suppo q of Finding 3
1. The restaurant is located inside an existing retail commercial building. A new 250
square -foot addition to an existing 200 square -foot outdoor patio area is
proposed as part of the current request for the alcohol license. Sufficient parking
will be provided on -site in compliance with ESMC Chapter 15 -15 and the
Corporate) Campus Specific Plan. In addition, the applicant indicates that the
restaurants will be located within the retail portion of the Edge at Campus El
Segundo; 'each building is equipped with a monitored alarm system.
h
2. The surro' nding land uses include commercial retail and office uses, and light
industrial uses. The proposed restaurant is a permitted use within the CCSP and
includes a1450 square -foot outdoor dining area which requires a Conditional Use
Permit.
3. The Corporate Campus Specific Plan conditions of approval limit the restaurant
dining hours of operation for the sale of alcohol only from 10:00 a.m. to 2:00 a.m.
seven dayp a week. The proposed hours of operation for the sale of alcohol are.'
from 11:00 a.m. to 2:30 p.m. for lunch service, and again from 5:30 p.m. to 10 :00
p.m. for dinner service Monday through Sunday. The outdoor dining patio would,
be open th)e same hours as the restaurant. No live entertainment is proposed.
Only pre - recorded background music will be provided, and the restaurant will be
required to'i meet the noise and vibration requirements of ESMC § 7 -2 -1.
Finding 4
• Potential irppacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
J
4
Facts in Support of Finding 4
1. The sale 'of alcohol will not create any new impacts that would not be normally
associated with the operation of a restaurant with an indoor dining area and
outdoor patio area.
2. The Corporate Campus Specific Plan conditions of approval limit the restaurant
dining hours of operation for the sale of alcohol only from 10:00 a.m. to 2:00 a.m' .
seven days a week. The proposed hours of operation for the sale of alcohol are
from 11 :00 a.m. to 2:30 p.m. for lunch service, and from 5:30 p.m. to 10 :00 p.m.
for dinner, service Monday through Sunday. These hours also apply to the
outdoor atio. The proposed restaurant is located in a predominantly
commercirl /industrial area that is not adjacent to any residential uses, which will
help to minimize noise impacts on sensitive uses.
3. The proposed restaurant will provide adequate parking on -site. In addition, the
restaurant! is located within an existing office and retail area, which will make it
F.
accessible by pedestrians and will limit the vehicular traffic to and from the site.
R
4. In additior 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.
3
Facts in Support of Finding 5
I
1. The applicant obtained a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
CTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. Pursuant to the established conditions of approval associated with EA No. 548,
Specific Pilan No 01 -1, Development Agreement No. 01 -01, General Plan
Amendment No 01 -2, Zone Change No. 01 -0, Zone Text Amendment No. 01 -1,
Administrative Use Permit No, 01 -1, and Subdivision No 01 -5 (Vesting Tentative
Map No. 53578), the Corporate Campus Specific Plan conditions of approval limit
84
5
the restaurant dining hours of operation for the sale of alcohol only from 10:00
a.m. to ; 2:00 a.m. seven days a week. The proposed restaurant hours of
operation for the sale of alcohol are from 11:00 a.m. to 2:30 p.m. for lunch
service, :'and again from 5:30 p.m. to 10:00 p.m. for dinner service Monday
through ;Sunday. These hours also apply to the outdoor patio. Food service
must be3 available in the indoor dining area and the outdoor patio during the
dining hours. Any change to the hours of operation or the hours that alcohol may
be served is subject to review and approval by the Director of Planning and
Building Safety.
2. The seating within the restaurant, as currently configured, includes 46 indoor
dining seats, including a maximum of 10 bar seats. The proposed outdoor patio
will expand from 12 to 32 total seats. The restaurant will contain a combined total
of 78 seats.
i
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, must
be referred to the Director of Planning and Building Safety for approval and a
determination regarding the need for Planning Commission review of the
proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant4must 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
ownershii 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 t�e 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 m'ust also be available through the restaurant staff at all times.
85
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 bar and restaurant dining areas at eye
level. The sign must be worded in a way that reminds patrons who are
consumipg 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 theyhave either:
a. ;Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Long Beach /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, Long Beach /Lakewood
District Office to ensure proper distribution of beer, wine and distilled
I spirits to adults of legal age. If any prospective employee designated
to sell alcoholic beverages does not currently have such training, then;
c. i The ABC - licensed proprietors must have confirmed with the Planning
land Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. JWithin 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 the outdoor patio
8V
7
area, thelcity may, in its discretion, take action to review the Administrative Use
Permit, including without limitation, adding conditions or revoking the permit.
5
{
15. The outdoor dining /seating area 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.
i
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 agairist
any claim; action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 823 for Administrative Use Permit No. 09 -01 and Conditional 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 -823 or AUP 09 -01, the Applicant agrees to defend the
City (at the City's request and with counsel satisfactory to the City) and will
indemnify the City for any judgment rendered against it or any sums paid out in
settlemen or otherwise. For purposes of this section "the City" includes the City
of El Seg ;ndo's elected officials, appointed officials, officers, and employees.
I
PLANNING COMMISSION
i
1
This determination was received and filed by the Planning Commission at its May 14,
2009 meeting. Please be advised that this does not conclude the review process. The
City Council will determine whether or not to protest the issuance of the ABC License
(Type 47) at its meeting on June 2, 2009.
Should you have any questions, please contact Trayci Nelson, Project Planner, at (310)
524 -2342.
1
1
Sincer ly,
� .�
Gre arpgAter,;Director
DepWiment of Planning and Building Safety
a
PAPlanning & Building Sa iety \PROJECTS \801 - 825 \EA - 823 \EA -823 2251.E. Maple.AUP. Director Determination LTR.doc
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of an amendment to the
Professional Services Agreement with Tetra Tech, Inc. in conjunction with the 3.1
Million Gallon (MG) Water Reservoir Seismic Retrofit project at 400 Lomita Street.
(Fiscal Impact: $63,625.00)
RECOMMENDED COUNCIL ACTION:
Recommendation - (1) Authorize the City Manager to execute an amendment to the
existing Professional Services Agreement with Tetra Tech, Inc. in the amount of
$63,625.00 in conjunction with the 3.1 MG Seismic Retrofit project RFP 07 -04; and (2)
Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Amendment No. 1
Exhibit A
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $100,000
Additional Appropriation: N/A $63,625 is included in the budgeted amount.
Account Number(s): 501- 400 - 7103 -8227
ORIGINATED BY: Dan Garcia, Assistant City Engineery
REVIEWED BY: Dana Greenwood, Public Works Director�)�
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Tetra Tech, Inc. Professional Services Agreement Amendment
On August 21, 2007, City Council awarded Tetra Tech, Inc. a Professional Services Agreement
(PSA) to evaluate the 3.1 MG Reservoir for seismic considerations. A first draft of the report
from this effort was submitted in November 2008. Staff has been evaluating the context of the
report based on the City's Peer Reviewer's September 2008 comments. While the reservoir
would still be capable of retaining the water in storage following a design seismic event, the
analysis indicated that the roof of the structure needed additional reinforcement and the walls
needed strengthening for the reservoir to remain fully operational as a source of potable water.
From the alternatives listed in the report, a $1.6 million alternative appeared to be most
appropriate to address the structural seismic concerns and was also the most economical. Tetra
Tech has already completed the preliminary analysis and can design the $1.6 million alternative
for this facility for $63,625.00. Staff is recommending amending their existing Professional
5
)l
Services Agreement to incorporate the final design of the project. Once designed, the project will
be publicly bid for construction.
When this project does go to construction, the 3.1 MG reservoir will need to be taken off -line in
order to implement the retrofit improvements. For this reason, it is likely that the construction
will take place during the winter months when the daily demand is lower. Staff is investigating
the availability of grant funds to reduce the cost to the City.
�n
FIRST AMENDMENT TO AGREEMENT NO. 3742
BETWEEN
THE CITY OF EL SEGUNDO AND
TETRA TECH. INC.
FOR
PROFESSIONAL SERVICES
THIS FIRST AMENDMENT ( "Amendment "), is made and entered into on this 2 "d day
of June 2009, by and between the CITY OF EL SEGUNDO, a general law city and
Municipal Corporation existing under the laws of California ( "City "), and Tetra Tech,
Inc., (Consultant).
1. Agreement No. 3742 ( "Agreement "), executed by the parties on or about
September 1, 2007 is amended to add the services as set forth on Exhibit A
hereto:
The Consultant will begin performance of these additional services on June 2,
2009. Consultant will complete each of the tasks included in Exhibit A to City's
satisfaction. If City is not satisfied with such services, the Consultant will work
on such matter until City approves of the service. For the additional services
included in Exhibit A, this Amendment No. 1 provides an increase to the
Agreement in an amount not to exceed $63,625.00.
2. The attached Exhibit A which is incorporated by reference adds to the
Consultant's Scope of Services in the Agreement.
3. This Amendment may be executed in any number of counterparts, each of which
will be an original, but all of which together constitute one instrument executed
on the same date.
4. Except as modified by this Amendment, all other terms and conditions of
Agreement No. 3742 remain the same.
[Signatures on following page]
93
CITY OF EL SEGUNDO Tetra Tech, Inc.
A general law city.
Jack Wayt, President
City Manager
Secretary
ATTEST: Taxpayer ID No. 95- 4148514
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
rm-
Karl H. Berger,
Assistant City Attorney
94
IlFo TETRA TECH, INC.
May 21, 2009
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Mr. Daniel Garcia
EX hopii A
via email: DGarcia @elsegundo.org
Reference: Proposal for Structural Engineering Services for Seismic Retrofit of 3.1
Million Gallon Reservoir
Gentlemen:
Tetra Tech appreciates this opportunity to submit this proposal for our services. This
proposal is in response to your verbal request on Tuesday, May 12, 2009. It is our
understanding that the City wishes to proceed with the final design and construction of the
option shown in the cost estimate of our November 2008 Seismic Evaluation Report (SER)
with the estimated construction cost of $1.6M . This involves the addition of new plywood
roof sheathing, strengthening the walls with reinforced concrete, and the addition of steel
shear transfer frames. The repairs and retrofits described in the SER for this option will
therefore serve as a basis for the scope of work for this proposal. Since no visual observation
or site reconnaissance of the interior or exterior of the tank have been performed as of yet,
effort on our part, which may required to correct unforeseen deficiencies, damage,
deterioration, etc., are not included in the scope of work of this proposal. However, we have
included in our workscope the necessary site reconnaissance to verify the condition of the
existing construction.
We propose to provide the following scope of services:
1. Preliminary Engineering Design Phase
A. Kick -Off Meeting (none assumed)
B. Site Reconnaissance
1. Visual observation of the existing condition of the roof framing, and
underside of the roof sheathing and upper portion of the exterior walls
(above the water level at the time of our visit) as viewed from the inside
of the reservoir. This observation will be conducted from an inflatable
3475 East foothill Boulevard. Suite 300, Pasadena CA 91 107
Tel 626.351 4664 Fax 626.683.0060
www.tetratech.com
95
TETRA TECH, INC.
Mr. Daniel Garcia
May 21, 2009
Page 2
boat. On the day of our visit, we will need access to the interior
reservoir, the water level of the reservoir is to be within 3 to 3 -1/2 feet of
the bottom of the lowest roof framing member, and the City will need to
provide the necessary confined space monitoring and disinfection of our
boat and oars (if deemed necessary by the City).
2. Underwater video examination of the interior wall surfaces of the tank
not visible from above the water surface will be performed by our
subconsultant DiveCorr. For this investigation, the water level should be
brought to overflow elevation, if possible, for purposes of leak detection.
This effort should ideally be performed before item 1 above.
II. Final Engineering Design Phase
A. Drawings
Produce structural drawings for the proposed improvements using AutoCAD
2007. It is anticipated that this will include a total of seven drawing sheets (sec
Exhibit D, "Hours and Fees" for sheet titles).
B. Structural Calculations
The preliminary analysis previously performed by Tetra Tech for the SER will
serve as a basis for the final structural calculations. Additional structural analysis
will be performed in order to finalize the design of the reinforced concrete wall
strengthening, roof diaphragm nailing and shear transfer frame connections. The
pertinent portions of the preliminary calculations from the SER will be combined
with the new analysis to create a complete set of structural calculations.
C. Specifications
Produce technical specifications in MS Word format for inclusion with the City's
standard "boiler plate" documents. The specifications will use the Construction
Specification Institute (CSI) Master Format
D. Construction Cost Estimates
yU
ItTETRA TECH, INC.
Mr. Daniel Garcia
May 21, 2009
Page 3
Perform material quantity estimates, and determine material costs to be used as
the basis for the Engineer's construction cost estimate. Our estimate will be
prepared in a spreadsheet format for accurate calculation and tabulation of costs.
Deliverables
At the 60% Level of Completion:
➢ Plans- Two (2) Sets of Blueprints
➢ Specifications- Two (2) Sets of Outline Specs.
➢ Preliminary Construction Cost Estimate
At the 90% Level of Completion:
➢ Plans- Four (4) Sets of Draft Final Blueprints (2 for Eng.
Dept. & 2 for Bldg. Dept.)
➢ Specifications- Two (2) Copies of Draft Final Special
Provisions
➢ Cost Estimate- Four (4) Copies of Draft Final Construction
Cost Estimate
A Calculations- Two (2) Copies of the Structural Calculations
At the 100% Level of Completion:
➢ Plans- Four (4) Sets of Final Blueprints (2 for Eng. Dept. &
2 for Bldg. Dept.)
A Specifications- Two (2) Copies of Final Special Provisions
➢ Cost Estimate- Four (4) Copies of Final Construction Cost
Estimate
➢ Calculations- Two (2) Copies of the Structural Calculations
E. Design Review Meetings
Attend Design Review Meetings at the 60% and 90% levels of project
completion, which will include selected members of the design team and City
staff.
Meeting Deliverables:
Draft Meeting Agenda (approximately 1 week prior to meeting)
9 (
TETRA TECH, INC.
Mr. Daniel Garcia
May 21, 2009
Page 4
Final Meeting Agenda (distributed at the meeting)
Meeting Minutes (within approximately 1 week after meeting)
Two (2) sets of blueline prints of the Drawings (60% level of
Completion) in 22" x 34" format
Four (4) sets of blueline prhts of the Drawings (90% level of
Completion) in 22" x 34" format
F. Approvals and Reviews
Submit the Drawings, Specifications, Estimates and Calculations for City review
and comment at 60 %, 90% and 100% levels of completion, as described in the
"Deliverables" section, above. It is assumed that the City will route these
documents to all other involved City /State /County agencies (City Building
Department, City Planning, County Health Department, etc.) for review, and
channel their comments back to TETRA TECH for our response. It is also
assumed that the City will, at the 90% level of completion, submit two sets of the
drawings and structural calculations to the City Building Department for
plancheck. It is further assumed that all plancheck and/or permit fees will be
paid by the City.
Perform internal QA/QC of structural design. This includes review and input on
the initial concept; monitoring of the structural design during the course of the
project to ensure compliance with the established design concept; and final
review prior to project completion to ensure a constructible, code compliant
design, that effectively satisfies the intent of the project.
G. Project Administration and Supervision
Perform oversight of the project team, which includes client contact, project
administration, and supervision of in -house Tetra Tech project staff as well as
oversight of our subconsultant.
III. Bid Phase
A. Attend Pre -Bid Conference
NUO
MLOJ
TETRA G RA 9 ECHy INC.
Mr. Daniel Garcia
May 21, 2009
Page 5
B. Provide Input on Bid Addenda and Clarifications
C. Attendance at bid opening is not included in the scope of this proposal
D. Bid Review, Report & Recommendation for Award
IV. Construction Phase Services
A. Shop Drawing Reviews
Review contractor - prepared shop drawings to verify conformity with the design
intent (see "Structural Manhour/Fee Estimate" spreadsheet for list of shop
drawings included under this item). Our fee estimate assumes one initial review
and a maximum of one follow -up review for each submittal. Additional reviews
may he hilled as additional services.
In order to expedite the review process and facilitate distribution of shop
drawings to the City, Tetra Tech, the general contractor and subcontractors will
utilize electronic submittals of the shop drawings in PDF format, which will be
specified as a requirement in the project specifications.
Shop Drawing Review Deliverables:
Reviewed Shop Drawing Submittals (1- marked up set of each)
B. Structural Observations
Perform structural observations at the project site to verify conformity with the
approved structural drawings. A total of three (3) site visits has been assumed.
These observations are to occur at the discretion of the Engineer. Also included
under this workscope item is a written follow -up report of our observations.
Structural Observation Deliverables:
Structural Observation Reports- Three (3) reports total, one for each of 3 site
visits.
V. Project Closeout
A. Final Jobwalk and Develop Punchlist are not included in the scope of this
proposal
99
rETRA MG
Mr. Daniel Garcia
ivlay 21, 2000
PaQC 6
13. Produce Record Drawings
Prepare "Record Drawings" based upon contractor's clearly marked -up plans of
authorized field changes, plus drawing revisions due to change orders and
clarifications.
Record Drawing Deliverables:
One (1) set of record drawings, on 22 "x34" mylar
Those services not considered in our scope of services include, but arc not limited to, the
following:
1. Gcotechnical investigation or investigative report.
2. Material sampling or laboratory testing.
These scryices can he provided as additional services if so requested in writing
T,hc fec for our services will be a not -to- exceed amount of S0i3,625 (refer to Exhibit "D" for
fee. breakdown). Charges for our services, as defined in our scope of services, and for any
additional services, authorized in writing, will be based upon our 2009 Hourly Charge Rate
and h.xpense Reimbursement Schedule, Exhibit "A" (enclosed). 'These fees will remain in
effect ton' sixty days from the date of our proposal after which they will be subject to re-
evaluation.
Our work will be performed in accordance with our current agreement, except as otherwise
noted in this proposal.
!f this is agreeable, please sign and return one signed copy of this proposal. This document
will then serve as our agreement to provide our services.
Thank you for allowing us the opportunity to again serve you. If you should have any
questions, please do not hesitate to call.
IUU
.s
VETRA TECH, INC,
1[
Mr. Daniel Garcia
May 21, 2009
Page 7
Sincerely,
Dale E. Wah, SE 2582
Chief Structural Engineer
Divisional Vice President
DEW /sz
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11.11closures
Proposal for Structural Engineering Services for Seismic Retrofit of 3.1 Million Gallon
Reservoir
Cl.11';is T AUTHORIZATION
Authorized Signature
Name (Print)
'i- itle -- —�- - -- --
Date
P.O. or Billing Reference Number
101
TETRATECH
EXHIBIT "A"
2009
HOURLY CHARGE RATE AND
EXPENSE REIMBURSEMENT SCHEDULE
Professional
Engineering Intern/Technician/Assistant
Project Administrator ..............................
Designer /CAD Operator /Engineer 1........
Engineer II and Ill /Senior Designer .......
Biologist................... ...............................
Planner..................... ...............................
Senior Engineer /Landscape Architect.....
Project Engineer /Project Coordinator.....
Senior Planner .......... ...............................
Senior Scientist ........ ...............................
Senior Project Engineer ..........................
Project Manager /Sr. Project Coordinator
Senior Project Manager ...........................
Program Director /Project Director..........
Administrative
Administrative Clerk ... ............................... S 60.00
Word Processor /Admin. Support ............... S 85.00
Graphic Designer ........ ............................... S 115.00
Reimbursable In -House Costs
Photo Copies (B &W 8.5 "x 11 ") ......
Survey /Mayyine
Photo Copies (B &W I I "x I7 ") .......
S 62.00
Survey Technician I .... ...............................
S 109.00
S 105.00
Survey Technician II/Field Supervisor ......
$ 125.00
S 115.00
Senior Surveyor .......... ...............................
$ 141.00
$ 125.00
Project Surveyor ......... ...............................
S 163.00
S 125.00
Two - Person Survey Party ..........................
$ 230.00
$ 125.00
Two- Person Survey Party with GPS..........
$ 275.00
S 139.00
Three- Person Survey Party ........................
$ 320.00
S 160.00
Survey Travel Time (Two- person) .............
$ 109.00
S 175.00
Survey Travel 'Time (Three - person) ...........
S 153.00
S 175.00
S 175.00
S 195.00
S255.00
$ 270.00
Construction Management
Administrative Clerk ... ............................... S 60.00
Word Processor /Admin. Support ............... S 85.00
Graphic Designer ........ ............................... S 115.00
Reimbursable In -House Costs
Photo Copies (B &W 8.5 "x 11 ") ......
$ 0.15/Each
Photo Copies (B &W I I "x I7 ") .......
S 0.40 /Each
Color Copies (up to 8.5 "x l I ") ........
S 2.00 /Each
Color Copies (to 1 I "x 17 ") ..............
$ 3.00 /Each
Computer Usage .............................
S 2.50 /1-lour
Construction Observer 1 .............................
S 95.00
Construction Observer 11 ............................
S 110-00
Senior Construction Observer ....................
$ 130.00
Resident Engineer ....... ...............................
S 160.00
Construction Manager . ...............................
S 180.00
Compact Discs . ...............................
S10.00 /Each
Large Format Copies
..................... S 0.40 /S.F.
Mileage ............ ...............................
S0.585 /Mile
*current GSA POV Mileage
Rate subject to change
Company Vehicles ..........................
S8.00 /Hour
All other direct costs, such as reproduction, special photography, postage, delivery services, overnight mail, out -of-
area telephone calls, printing and any other services perfonned by subcontractor, will be billed at cost plus 15 %.
NOTE: All costs and rates are effective January I, 2009, and subject to annual increase.
I. AdmidFurmsContrac( \Fxhtbit A CA 2009.doc 101, 1
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding authorizing the City Manager to enter into a lease of
office space located at 333 Main Street for the purpose of relocating the Residential Sound
Insulation (RSI) program offices. (Fiscal Impact: $7,000 for the remainder of FY 2008 -2009 and
annual cost of $40,000)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to enter into a lease agreement; (2) alternatively, discuss
and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Air Photo /Map
2. Photographs of 333 Main Street
FISCAL IMPACT:
Amount Budgeted: $ 111,450
Additional Appropriation: $N /A for FY 2008 -2009
approximately $40,000 per year in future fiscal years.
Account Number(s):001- 400 -2901 -6244
ORIGINATED BY: Greg Carpenter, Director, Planning and Building Safety Department
REVIEWED BY: Jack Wayt, City Manager
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
Employees in City Hall are currently being impacted by the lack of office, meeting and storage
space. This is largely due to the age of the building (the last significant addition was made in
1977) and the addition of programs since that time such as Information Services and Residential
Sound Insulation. The RSI offices are currently housed in the basement level of City Hall and
share space with two other Departments. This location is relatively inaccessible to customers
and lacks visibility and ease of access that a program office of this significance should offer the
public.
The options to address the location and overcrowding issues involve either construction of
additional office space or leasing private office space nearby. It is expected that the RSI program
will cease upon either the completion of construction or the stoppage of funding from the Federal
Aviation Administration (FAA). Given the immediate need for space, the favorable rental
market and the fact that the RSI program will eventually cease, staff recommends that private
office space be leased rather than the addition of new office space at City Hall.
In reviewing potential sites, staff decided to focus on locations in the Downtown in order to be
convenient for residents and close to City Hall. Staff has spent the last several months inspecting
4 U9
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various locations in the Downtown and recommends the lease of the office space at 333 Main
Street. This location offers the best overall combination of:
• Price - $1.85 per square foot/month gross rent
• Location — directly across the street from City Hall with good visibility to the public
• Parking — the location is within walking distance of the City /Cooke's Parking structure
• Availability — the space should be available in August
• Size /configuration — the space is approximately 1,600 square feet, located on the ground
floor and is well laid out to provide a lobby /reception area, meeting space, office space
and storage.
The terms of the proposed lease are as follows:
• Price - $1.85 per square foot/month gross rent (meaning there are no added property
taxes, common area maintenance or building insurance charges). The rate may increase
annually based upon the current Consumer Price Index (CPI) but not to exceed an annual
increase of 5 %)
• Term — 3 years with 3 1 -year options with the City provided the right to terminate the
lease after the first year (with 90 -day notice to the property owner)
• The owner will waive the typical security deposit requirement
• The owner will construct the walls necessary to create a conference /meeting room
In addition to the lease costs, an estimated $400.00 per month will be necessary for utility and
miscellaneous costs. Staff has contacted the FAA regarding the possibility of their funding the
lease of office space. Unfortunately, based on the response received, it is impractical to use FAA
funds for this purpose. As Los Angeles World Airport (LAWA) funds for the RSI program are
subject to the same use restrictions as FAA funds, the use of LAWA funds is also impractical.
With the leasing of this office space, the vacated RSI offices in the basement level of City Hall
will be used by the Information Services Division and Finance Departments. Based on the
current need for space, and the improvements that will result in working conditions and customer
access, staff recommends that the City Council authorize the City Manager to enter into a lease
agreement.
PAPlanning & Building Safety \0 Administrative \Council Staff Reports 2009 \333 Main Lease
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to amend the base salary of a police officer trainee is
paid. (Fiscal Impact: $27,000)
RECOMMENDED COUNCIL ACTION:
1. Amend the base salary of police officer trainees from 80% of Step A of the Police
Salary Table to 100% of Step A of the Police Salary Table.
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $7,164,360
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 3102 -4101 (poli a trol & safety salaries)
ORIGINATED BY: David Cummings, Chief of Police
REVIEWED BY:
APPROVED BY: Jack Wayt, City Mana 4)
BACKGROUND AND DISCUSSION:
Following several years of increased recruiting and candidate processing efforts, the Police
Department has finally seen a significant increase in police officer staffing levels. However,
given the anticipated high turn over of personnel by the end of this year, maintaining those levels
will be a challenge. Staff believes increasing the salary paid to police officers trainees while they
are in the academy, will help.
Nearby cities (Gardena, Hawthorne, Hermosa Beach, Manhattan Beach, Redondo Beach, and
Torrance) pay academy trainees an average of $4248 per month. The lowest amount paid is
$3650 and the highest, $4863. El Segundo pays $3923 which ranks fifth of seven.
Currently, academy trainees are paid 80 percent of "Step A" of the police salary table. Paying
"Step A" ($4904) would make us the highest in the area. The approximate, estimated cost to the
city for doing so, would be $27,000 per year (5 trainees x 5.5 months x $981 per month =
$26,977.50). Since all positions in the budget are already funded at "step A" or more, no
additional appropriation will be required by this change.
li�i
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the formal bidding process pursuant to the El
Segundo Municipal Code §1 -7 -10 and authorize the Fire Department to purchase twenty -five
(25) self - contained breathing apparatus units under a sole source purchase through Allstar Fire
Equipment. The City will be reimbursed for these expenditures through the Urban Area Security
Initiative Fiscal Year 2006 grant funding. (Fiscal Impact: Not to exceed $140,725)
RECOMMENDED COUNCIL ACTION:
1) Pursuant to El Segundo Municipal Code § l -7 -10, waive the bidding process and authorize the
Fire Department to purchase twenty -five (25) self - contained breathing apparatus units under a
sole source purchase from Allstar Fire Equipment;
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FY 2006 Homeland Security Grant Program Funding Request for Investment #5
State of California Sole Source Approval Letter
FISCAL IMPACT: Budget Adjustment Required
Amount Budgeted: $ not to exceed $140,725
Additional Appropriation: Yes
Account Number(s): 001 - 400 - 3202 -8104
ORIGINATED BY: Kevin S. , Fire Chief
REVIEWED BY: Kevin S. , Fire Chi
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
The Los Angeles Area Fire Chiefs Association has established a goal of creating an area wide
standard for self - contained breathing apparatus to ensure firefighter safety. The organization has
acquired grant funding through the Urban Area Security Initiative and the State Homeland
Security Grant Program to ensure that all firefighter positions in the region are issued a
standardized breathing apparatus. The Southern California Area Personal Protective Equipment
Consortium (SCAPPEC) was established to research and develop specifications for a
standardized breathing apparatus. The El Segundo Fire Department has been offered the
opportunity to purchase twenty -five units based on our nineteen suppression positions and six
units being assigned to our Urban Search and Rescue unit under the terms of the grant. Staff is
recommending the purchase of Scott breathing apparatus that meets the specifications
established by the SCAPPEC. Scott breathing apparatus is the standard being adopted by the
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other Area G fire departments. The El Segundo Fire Department is currently using an older
version of Scott breathing apparatus that will be able to be retrofitted to meet the SCAPPEC
standard. This upgrade will ensure that fire personnel are equipped with state of the art breathing
apparatus that ensures interoperability with neighboring fire departments.
INVESTMENT • StatefTerdtory Nams Callfomla FY 2006 HSOP Funding Request
5 FY 2006 Urban Area Nams Los Angeleslonj Bsaoh $47,665,188
Investment Nams Stren then regional CBRNE detection response, and decontamination capabilities
11.1111: Explain how the Stat Mrban Area Is organizing to Implement this Investment over the Identified geographic area(s).
(Not to exceed 300 words)
The four primary activities under this Investment include the following:
The OGT- approved training focuses on two capabilities. The first is USAR /HazMat training for new personnel. This training will ensure
that teams remain trained and certified to meet local /state/federal requirements in spite of normal staff turnover rates. An organization of
County Fire Chiefs will track the status of team training level and implement required training. Similarly, law enforcement personnel must
complete the First Responder Operations Course as required by the State.
The procurement of safety equipment (PPE) will standardize Self Contained Breathing Apparatus (SCBA) equipment for all fire personnel
and other first responders, including law enforcement personnel. A regional coordinating committee has defined the equipment
specifications and will oversee the procurement to receive volume pricing and efficient distribution.
The procurement and deployment of CBRNE detection equipment is been coordinated on behalf of the Region by LAPD and LA County
Sheriff, in consultation with port and airport security personnel and the County Department of Health Services. These capabilities are
being coordinated Regionally to ensure adequate coverage and coordinated deployment.
The LAPD is overseeing the continued development of the COP Program, including its expansion to include additional jurisdictions. The
COP Program is standardized to ensure seamless operation and coordinated deployment during incidents.
II.C: Discuss the collaboration process you have, or will establish, with other regions and jurisdictions (Inter. and Intra- Stats)
within or beyond the geogrephicldemographic area of this Investment Discuss when and how you will engage stakeholders
from those regions In specific support of this Investment (Not to exceed 500 words)
This Investment was developed collaborativety through a series of Regional meetings involving nearly 400 stakeholders from
approximately 100 jurisdictions and agencies in LA County and Ventura County. Capabilities and needs were discussed from the
Regional perspective so that the most effective Regional Investments could be defined, structured, and implemented. Over a 5 -week
period the stakeholders met in a series of structured workshops to identity and evaluate projects that support the Investment objectives.
Through this process a common understanding was developed of the goals and outcomes for this Investment.
With this in -depth regional assessment as a foundation, the four programs under this Investment will be implemented collaboratively
throughout the Region, including coordinating related efforts funded under UASI, LETPP, and SHSP. This collaborative approach within
the Region will continue throughout the Implementation of these programs.
Representation from all fire departments in LA County was instrumental in defining the USAR/HazMat training requirements as well as the
upgraded CBRNE -rated SCBAs as the most critical safety equipment needed today. Law enforcement agencies agreed to participate in
this standardization of the SCBAs to maximize the resulting regional impact of the effort.
The COP Program, led by LAPD, involves close coordination with LA County Sheriff. To expand the program, a Regional working group
will be used to identity the preferred geographic distribution of the COP assets to maximize effectiveness throughout the Region.
III.A: Discuss anticipated Impacts of this Investment and how the requested funding YAII help attainfachieve expected Impacts.
Consider the population and areas affected, and other entitles Qurladictlons, disciplines) that could leverage the outcomes
and Impacts of the solution presented by this Investment (Not to exceed 500 words)
This Investment both maintains and enhances existing capabilities.
The USAR/HazMat training will ensure that the Region's USAR/HazMat teams remain trained and certified, enabling effective response to
all- hazard emergencies. The training will ensures that newly assigned staff are ready for deployment. Sustaining and enhancing this
capability is critical to ensure teams maintain the highest level of qualified training.
The First Responder Operations (FRO) training for law enforcement enhances the ability of these personnel to recognize and respond to
CBRNE incidents. This capability will enable improved response to incidents, ensuring enhanced protection of first responders, the public,
and property.
The procurement of safety equipment focuses on standardized CBRNE -rated SCBAs that will provide uniform and enhanced protection for
all response personnel. The standardization of equipment is the first step toward improved resource sharing and Improved coordination of
large incidents throughout the Region.
The CBRNE monitoring and detection equipment will significantly enhance first responders' ability to identify hazards quickly and
accurately in the field. These systems include communication capabilities to key subject matter experts who can be consulted in real time
to help assess situations and inform decision making. This equipment fills a gap in current capabilities, and is needed to identity whether
a CBRNE threat exists and make rapid determinations to ensure that no threat is present (thus reducing evacuation times or transportation
system disruptions).
The COP Program allows all responders to share intelligence and contribute to common decision- making. Through the use of this
standardized platform and protocols, critical incident information is made available to field and command center personnel in real time.
The continued support of the development of this Program enhances the regional capability to respond effectively to complex incidents,
involving multiple disciplines and jurisdictions throughout the Region.
Investment #5 Office of Grants and Training
For Official Use Only - Page 2 - U.S. Department of Homeland Security
1 � "1
t
INVESTMENT N StatefTerrhory Name Csllfomis FY 2006 HSGP Funding Request:
5 FY 2006 Urban Ana Nsme Los Angeles/Long Angeles/Long Beach $47.05,186
Investment Name Stren then ro lonsl CBRNE detection response, and decontamination ca ablllties
111.01: Discuss how the Implementation of this Investment will decrease or mitigate risk. (Not to exceed 500 words)
This Investment decreases risk by enhancing first responders' ability to detect and respond to CBRNE incidents, or an all- hazard
emergencies. The LA/LB UA and LA County are a target rich environment for terrorists or other criminals attempting to negatively impact
the viability of the West Coast in the U.S. Maintaining and enhancing these capabilities in this Region help to protect the Region and the
greater U.S. from the adverse consequences of a terrorist attack.
With the proposed training, law enforcement personnel will be better able to recognize pre - incident indicators and take appropriate actions
to mitigate or remove the threat. Additionally, these trainings will reduce risks during an incident by enabling responders to better
recognize hazards and take appropriate response and protective action. The outcome is that through the CBRNE training, responders will
be better equipped to protect life and property and reduce exposure to hazardous substances.
Similarly, maintaining the USAR /HazMat capabilities in the Region ensures effective response to CBRNE events. The standardized
safety equipment (CBRNE -rated SCBAs) are critical to protecting first responders. The outcome is that the public will be better protected
through the effective protection of first responders and enhanced capabilities of responders to enter and rescue in a hazardous
environment.
The CBRNE detection equipment reduces first responder exposure to hazardous substances by utilizing the equipment to identify
hazardous materials. The equipment will also enhance first responders' ability to test for CBRNE materials prior to an incident occurring,
so that appropriate actions can be taken to prevent loss of life, exposure, and disruption to economic activity.
As discussed above, the COP Program enhances first responders' ability to respond to complex incidents. Improved information
collection, analysis, and dissemination during incidents will ensure that populations at risk are identified more quickly and strategic actions
are taken to prevent loss of life, exposure and disruption to economic activity.
III.C: Describe what the potential Homeland Security risks of not funding this Investment are. (Not to exceed 500 words)
The risk of not funding this Investment is that capabilities for CBRNE detection and response will not meet the current threat environment.
Furthermore, without adequate capabilities, the risks to life, health, and property are increased. Given the significance of our ports,
airports, transit systems, and other infrastructure to the nation's commerce and daily life, disruption in the Region will present tremendous
national economic and psychological consequences.
The activities proposed under this Investment fill specific gaps that exist in current capabilities. Without the law enforcement FRO
training, the ability of law enforcement personnel to recognize and take appropriate action during a CBRNE incidents will be limited.
Without the USAR /HazMat training, the USAR /HazMat teams readiness state will decrease. Without the CBRNE -rated SCBAs, first
responders will be at increased risk of exposure to hazardous materials and the ability to share these assets will be limited. Without the
enhanced CBRNE detection equipment, CBRNE hazards will take longer to identify, and some hazards will go undetected, with significant
adverse consequences resulting. Finally, without the enhancement of the COP Program, the response to complex incidents will be
hampered as the ability to share intelligence and coordinate actions will be limited.
IMPLEMENTATION IV. FUNDING &
IVA: Investment Funding Plan
FY 2006 Homeland Security Grant Program Request N8 FY Request Other Funding Grand Total
SHSP UASI LETPP MMRS CCP Total Sources Applied
Pere00Mi _ E45,0 —r _._- -- -L. - -- EIS — ...-- - - - --- i46o00
Plan I 1 1125.01)(11
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.to 517 N6 f 647 pb 1 1
•it you plan to purchase Interoperable Communications Equipment, your Investment Justification must include discussion on planning, governance, training, policies,
procedures, andlof exercises related to the equipment.
gib
Investment #5 Office of Grants and Training
For Official Use Only - Page 3 - U.S. Department of Homeland Security
INVESTMENTS StatefTenrltory Name calBornla FY 2006 HOOP Funding Request
5 FY 2006 Urban Area Name Los An eles/Lon Beach s47,99518e
Investment Nams Stron then regional CBRNE detection response, and decontamination capabilities
IV.B: IdeMHy potential challenges to the effective Implementation of this Investment (e.g., stakeholder buy-In, sustalnabllity,
aggressive timellnes). (Not to exceed 300 words)
This Investment encompasses a set of well defined and achievable activities with specific objectives and known benefits. Consequently,
few challenges exist to Implement this Investment due to the following statements:
The OGT- approved training for USAR /HazMat teams is well defined and available. The number of personnel requiring training has been
identified and each jurisdiction with these specialty team has committed to completing this training upon receipt of grant funds.
The FRO training is also available. Those who require training have been identified.
The Region's Fire Chiefs have already overcome the primary hurdle in the CBRNE -rated SCBA procurement by adopting a Region -wide
specification for the equipment.
The CBRNE detection equipment has already been identified for purchase if awarded the grant funds. The participating jurisdictions have
agreed and planned for the distribution of this equipment, training and sharing of resources, and anticipated the procurement structure to
purchase the resources using this grant funding.
The primary challenge to the COP Program is to rapidly roll out additional capabilities to additional jurisdictions.
IV.C: Explain how the Identifled challenges will be addressed and mitigated. (Not to exceed 300 words)
To ensure that the CBRNE -rated SCBAs meet law enforcement needs, the Sheriff and Region Police Chiefs are examining the equipment
specification to ensure compatibility.
To ensure that the COP Program can be expanded effectively, a working group is being formed to Identify how best to determine the best
geographic distribution of the COP assets to maximize deployment throughout the Region. This working group will help ensure buy-in
from area departments and help facilitate continued rapid roll out of the Program.
IV.D: Describe the management team, Including roles and responsibilities, that will be accountable for the oversight and
Implementation of this Investment, and the overall management approach they will apply for the ImplemeMatlon of this
Investment. (Not to exceed 300 words)
As the overall grant administrator, the City of Los Angeles will oversee the disbursement of all funds expended under this Investment, and
will track progress toward its completion. The responsibility for managing specific projects will fall on the participating agencies that have
agreed to participate.
The County's Fire Chiefs have agreed to consolidate efforts to procure and field CBRNE -rated SCBAs. Similarly, the Sheriff and area
Police Chiefs are expected to consolidate their requests into the single large procurement for this equipment.
The USAR /HazMat training will be scheduled by individual departments to ensure accountability for training and certification.
LAPD and LA County Sheriff are collaborating on the specification and procurement of the CBRNE detection and decontamination
equipment. Each jurisdiction will be responsible for the oversight of their equipment procurements.
LAPD is leading the COP Program, and is creating a working group of area law enforcement and fire departments to collaborate on the
expansion of the Program to additional jurisdictions.
LAPD is also leading the coordination of the FRO training for law enforcement personnel. LAPD will arrange for instructors, training
facilities, and scheduling on behalf of the Region.
Investment #5 Office of Grants and Training
For Official Use Only - Page 4 - U.S. Department of Homeland Security
INVESTMENT • Steterrorritory Name californta FY 2006 HSQP Funding Request
5 FY 2006 Urban Area Name Los Angiviiiis/Long Angeles/Long Beach 517,986,185
Investment Name strop then ro tonal CBRNE detection response, and decontamination capabilities
IVA: Discuss funding resources beyond FY 2006 HSGP that have been Identified and will be leveraged to support the
Implementation and sustainment of this Investment (Not to exceed 300 wards)
Because this Investment was developed with a Regional perspective that includes the entire UA and County, funding to support these
programs will be leveraged from UASI, SHSP, and LETPP 2006 grant awards. This Investment will also build on previous grant funding,
which includes funding to create and equip the USAR/HazMat teams and to develop the COP Program concept and purchase equipment
IV.F: Provide a high -level timellne, Including milestones and dabs, for the Implementation of this Investment Possible areas for
Inclusion ore: stakeholder engagement, planning, major acquleitionslpurchoses, training, exercises, and procesa/polk:y
updates. Space Is provided for up to 10 milestones, but not all 10 spaces may be necessary for the response. ('Milestone^ rat to
exceed 125 characters I approximately 25 words and 'Related AcdVdes' not to exceed 600 characters / apprwdmately 100 words)
OGT- Approved USAR/HazMat Training Start Date' 6/2/0
Milestone t1
End Dab: 6/2/06
USAR and HazMat teams will attend training to ensure that they remain trained and certified (the training
and certification requirements have already been defined).
Related
Activities
OGT- Approved First Reponder Operational Training Start Dsb: 6/2/06
Mllestone 02
End Date: 6/2/06
Related
Activltles
Law enforcement personnel will complete the FRO Training on an ongoing basis throughout the grant
performance period. The number of personnel have been identified. The instructors will be scheduled and
the training will be provided on a periodic basis.
Finalize CBRNE -rated SCBA Specifications Start Date: 6/2/06
Milestone E3
End Date: 1011/06
Related
Activities
The specification of the CBRNE -rated SCBAs has been developed for all fire departments. The law
enforcement departments will review the specification and make final decisions regarding whether and
how to participate in this Region -wide procurement of this equipment. The final number for the pieces of
equipment in each department will be defined.
Procure CBRNE -rated SCBAs Start Dab: 10/1106
Milestone 04
End Dab: 3/1/06
The combined procurement of the CBRNE -rated SCBAs will be executed. The delivery of the equipment
will be spread out over time in conjunction with the suppliers' scheduling.
Related
Activitles
Procure CBRNE Detection and Decontamination Equipment Start Dab: 6/2/06
Milestone 66
End Dab: 311/06
Related
Activldss
The final specifications for the CBRNE detection and decontamination equipment will be developed
collaboratively among the jurisdictions. Each jurisdiction will undertake its procurement for the agreed -
upon equipment.
A
Investment #5 Office of Grants and Training
For Official Use Only - Page 5 - U.S. Department of Homeland Security
ir..V
INVESTMENT • Staterrerriory Nam• calftmila FY 2006 HSGP Funding Request:
5 FY 2006 Urban Area Namel Los Angeles/Lon Beach $47,895708
Investment Name stren then re tonal CBRNE detection response, and decontamination capabilities
Complete COP Program Build Out (existing capability) Start Date: 612!06
Milestone 06
End Dab: 1211106
The COP Program build -out started under the 2005 homeland security grants. The program will be
completed with the final installation of equipment into the existing COP platforms.
Related
Activities
Expand COP Program to Additonal Jurisdictions: Selection of Start Date: 612/06
Milestone 07 Jurisdicitons
End Dab: 1011/06
Related
Activities
The working group will be assembled to finalize the identification of the jurisdictions that will host
installation of the COP Program equipment. This process has been initiated, and is expected to be
completed shortly after grant award.
Expand COP Program to Additonal Jurisdictions: Procure and Install Start Dab: 10/1/06
Milestone 08 Equipment
End Dab: 311/06
Federal Homeland Security Operations Center Communication Interconnectivity
Related
Activities
Federal Homeland Security Operations Center Communication start Dab: 6/2/06
Milestone 09 Interconnectivity
End Dab: 3/1106
Related
Activities
As a key component to support response capabilities, procure and install equipment to establish
communication interconnectivity between the County EOC and the Federal Homeland Security Operations
Center (HSOC) to enhance the Common Operational Picture capability across the operational area. The
specification of the technology required has been initiated. Following completion of the specification,
procure and install the equipment.
start Date:
Milestone 010
End Dab:
Related
Activities
IV.G: Describe the planned duration for this overall Investment. Discuss your long -term sustalnablifty plans for the Investment
after your FY 2006 HSGP funds have boon expanded, H applicable. (Not to exceed 300 words)
The Region has committed to maintaining the capabilities developed under this Investment for the foreseeable future. The USAR /HazMat
teams continue to receive support from their respective jurisdictions, as maintaining this capability is not optional. The training of current
law enforcement personnel will be completed during this grant cycle. The training of new personnel will be incorporated into standard
training procedures.
The departments that receive CBRNE -rated SCBAs have committed to maintaining the equipment so that this capability will persist in the
long -run.
The enhanced CBRNE detection and decontamination equipment will become a CBRNE response regional asset and will receive staff,
training, maintenance and other support to maintain the effective capability.
LAPD has assumed responsibility for the maintenance and operation of the COP Program. The expansion to include additional
jurisdictions will result in those jurisdictions also taking on this responsibility for the COP Program assets assigned to their departments.
The LA County Sheriff will be responsible for the maintenance and operation of its components of the COP Program, including the link to
the Federal HSOC.
1 L
Investment #5 Office of Grants and Training
For Official Use Only - Page 6 - U.S. Department of Homeland Security
05/20/2009 09:01 1 LL 35
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
May 14, 2009
Ms. Laura Shin
Office of the Mayor
City of Los Angeles
200 N. Spring Street Room M175C
Los Angeles, CA 90012
Dear Ms. Shin:
PAGE 01/01
Pam-ir Fax (dote 7671
Nt'
p„ 0 o.
Co./Dept
Co.
�� )
Phone � / /,//��RV I
Phone
Few. " , D7
SUBJECT: APPROVAL OF SOLE SOURCE CONTRACT REQUEST
FY2006 HOMELAND SECURITY GRANT PROGRAM
Urban Area Security Initiative (UASn Grmt #2006 -0071, OES ID #037 -95050
The California Emergency Management Agency (CalEMA) has. received, reviewed, and
approved the Los Angeles -Long Beach UASI's Sole Source contract request dated May
13, 2009, based on the information the City of El Segundo provided regarding their
proposed CBRNE upgrade purcbase from Allstar Fire Equipment.
If you have any questions about this IetteT, please contact your Program Representative,
Leo LaMattina, at 916- 324- 6347or )eo.1amattizja0,o1zs.ca.¢ov.
Thank you for your work in protecting California. We look forward to your continued
collaboration towards our homeland security strategy and appreciate your cooperation
and support.
Sincerely,
Ursula Harclson
Program Manager, HSGP Unit
GOVERNOR ARNOLD SCHWARZENEGGER • SECRETARY MATTHEW BETTENHAUSEN
5TATE CAPITOL, SACRAMENTO, CALIFORNIA 95914
(916) 845 -8510 • FAX (916) 324.5902
JL ,n.
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract to Professional Building
Contractors, Inc. for construction related to Group 32 (24 homes) of the City's Residential Sound
Insulation Program (Project Nos. RSI 09 -09).
(Estimated construction costs and retention: $909,013)
RECOMMENDED COUNCIL ACTION:
1. Reject Bid from Harry H. Joh Construction, Inc.;
2. Award a contract to Professional Building Contractors, Inc.;
3. Authorize the City Manager to execute a contract in a form approved by the City Attorney;
and /or
4. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Pages 7 - 12 of Bid submitted by Harry H. Joh Construction, Inc.
2. Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc.
3. Emails from S &L Specialty Contracting, Inc. (S &L) regarding Bids lower than that of S &L
4. Pages 9 and 12 of Bid submitted by Professional Building Contractors, Inc.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manager, ¢�
REVIEWED BY: Greg Carpenter, Director o anni g and Building Safety
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On May 26, 2009 the City Clerk's office opened sealed bids for Group 32 (RSI 09 -09) and
Group 33 (RSI 09 -03) of the City's Residential Sound Insulation (RSI) Program. The results of
the bid openings were as follows:
Group 32 (RSI 09 -09)
1. Harry H. Joh Construction, Inc .................. ....................$719,625.00
2. Professional Building Contractors, Inc ...... ....................$826,375.00
3. S &L Specialty Contracting, Inc ...... ............................... $832,100.00
4. G &G Specialty Contractors, Inc ..... ............................... $842,974.00
5. Sam Boo Construction Company, Inc ........................... $857,000.00
W
By comparison, the Bids received in response to the original Notice Inviting Sealed Bids on
March 30, 2009 were:
1. California Averland Construction, Inc ........................... $830,619.08
2. G &G Specialty Contractors, Inc ................ ....................$861,974.00
3. Tron Construction, Inc ............................... ....................$869,995.00
4. Karabuild Development, Inc ........... ............................... $922,0000
5. S &L Specialty Contracting, Inc ...... ............................... $926,600.00
6. NSA Construction Group, Inc .................... ....................$943,000.0°
7. Professional Building Contractors, Inc .......................... $972,743.00
Staff reviewed the bids received and found the following:
The lowest Bid, submitted by Harry H. Hoh Construction, Inc., is non - responsive because the
value of the proposed subcontracts and the pricing for the materials were not included in the Bid.
The second lowest Bid, submitted by Professional Building Contractors, Inc. (PBC), appears to
be responsive, and thus the remaining Bids were not reviewed for responsiveness.
S &L Specialty Contracting, Inc. (S &L) has questioned the responsiveness of the Bid from PBC
on the basis that S &L is not qualified to perform air balance testing for installed mechanical
systems and a discrepancy in the pricing of Heating, Ventilation and Air Conditioning (HVAC)
work. Staff has verified that the HVAC subcontractor listed as part of PBC's Bid is certified by
the National Balancing Institute to perform such work. Additionally, as there are many potential
explanations for the difference in the supplier value and subcontractor values questioned by
S &L, such as installation of products not manufactured by Carrier, staff finds that there is
insufficient justification for considering the Bid submitted by PBC as non - responsive.
As the City Council is aware, PBC has successfully completed construction for Groups 3, 20 and
28 of the Residential Sound Insulation Program and City Council recently awarded contracts to
PBC for Groups 31, 34 and 35 at the City Council meeting on May 20, 2009.
The amounts requested for the contracts are $909,013 which represents the Total Bid amount and
an additional 10% for potential change orders related to unforeseen conditions.
City Council is reminded that eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA.
1 t. `Y
City of El Segundo
Residential Sound Insulation
Designation of Manufacturers and Suppliers 7 RSI 09-09 (Group 32) re-Bid i < <)
Manufacturer
Supplier
Contract Value
Alaasinas
Windows
w ri /yn 8 w } 46*d
06,6 ,DO. ✓ i S
cenaa Fawn
Jear/tfs �rti►dacff
CWAW Faeon
DJs u w yf Ggk.rPors
�ro3 t N�J� sl rim
��a'is 8�►� s� ✓a/ � X36
Add�
.-1 KS 669•1
Add=
hiwm e?*+ &*^eA, CA 'I
city / sae / zip code
coy I sae / zip coda
Fbuoe Number
6:• -W4 - loo
WO- S9i-
Fax Number
!2
Fax Number
N/A
hail Ad&m
Vinyl
Windows
Joe aN pay
16A XhK r;$
Cmoact Fawn
Caoeset Fawn
camomy
yArs Nl pvinctc �►st.
., �� eat. slv1, =�ti3s
A&hft
city / sae / Zip code
�s3- izv -6• ;o
C41 sae / zip cone
�,� —sy6 -611
r3 -1 zv pP3
� X --
Fm Numbs
At-4&
FezNemba
4/R
Emig Adds
Designation of Manufacturers and Suppliers 7 RSI 09-09 (Group 32) re-Bid i < <)
City of El Segundo
Residential Sound Insulation
Wood
Doom
S d6lsS Dept .
m cAd's/
Caatact Person.
Contact Person
V,%#, co.4vw per
moor my VOW COMrA "y
COMWY
a.; s# �t,eat, �vw
Company
rsr lt.jlpw, d Avtp4C,A4
A"=
pwy^-Aor, WA 98'39/
Address
S. 5a•. /9.a•usfco, CA 9y*p
city / sate / zip Code
.a s'3- i
city / sm / zip code
`s'o -sue- y ppp
ie Number
3— S4s -33��
6sme- r�'9 -�fsPP
Fax Number
A) /A
Fax Number
A/A
Atmail AddM
Amad AddrM
Sacoadary
(Storm)
Door
SAJO Pert
H144IM44 Card ty
Contact Peron
Canted Paw
Va % coo ver
.5ma 1 47f o or a"r'ai
Compsmy
Cottpany
2.,3 r* s&4wt, Arw
rir A
Address
pwyI/Nr, WA JV I/
Address
1..A-, &*a$cee, CA 1ko
City / erase / Zip Code
2.n-jr 9r8�
City / State / Zip Cade
«o -.sad- y
Phone Number
1
Phone umber
J- c�cs,P�
Fax Number
/V /A
Fax Number
w /h
Amen Address
Frail
sliding
Glass
Doors
KsO/;O 6.
Comtact Parson
Comact Person
T•rr^nK A/Nrtw�/lwaq
1D'Sc w&tt IF.K* rl
Compsmy
Wro pe rry S SE
Company
/ .2 6/z taut OW d., 4498
Address
s, G'/1 ''i8s`O
P&rri
Address
`
#waihp'� X &J, Cis%
City / slats / Zip Code
611- 2.07- 9101
City / Stm /Zip Code
910 - ro- 6746
Phone Number
760 -44V, 3 /e0
Phone Number
71M - ro -6�wd
Fax Number
A11,4
Fax Number
AJIA
Email Addreu
Email Address
Designation of Manufacturers and Suppliers 8 RSl 09-09 (Group 32) re-Bid 3 -- v
9A4M N, -A«k �as�.
City of El Segundo
Residential Sound Insulation
S
Secondary
&-;,►r 1CO&AS
eal e;S
Glaser
noon
C01w Sao"
rn►nK 41ww;nww
Contact Ferwn
D:som44 G,c�iCr;srt
CWVM
Compary
a xr.rp reny 51raet
17 6/2 Bes'A ak1 +*13Q
Address
Pe,ri's, CA 42eSf
AddNIs
Ii4rA%3*h &&4L CA%O
CAY i stns i zip Co&
411 - a�� -7Jo�
cuy r sate / Zip Code 6 44f
-01V nj 96
Tbona Number
91 10 -4341-NO.0
Phwe Number
1 /* - "i -di 4
Fax Number
.4/A
Fax Number
JJ/-4
Email Address
Fxa� Adders
HVAC
Equipment
s40.0
TAY L st
Caatact Paw
Conact Petaen
Carver-
740 6ak
Company
o ne C".-,Mr P P W y
Compary
A
5y +..a44 se, NY /U.14
Add ew
P41'a"*0004, CA q492,5
City, Sate / Zip Code
80. - Z1 -743f
city, swe /zip Code
17fL -�3� -Z
31 ; t- 6d t o
ku- 6'3V - s3 <<
Fax Number
N/A
Fax Number
W/A
Email Address
Email Addreu
Fireplace
Glace
Door$
S & /et 1Ds/t
�r�r+1G S��u/�ard
ContactFr>rwn
Caata<xFerson
Company
POil WOO SAX$ al "f , +*'
Compaq
3+6 t AA T4 6X A l &W
Address
PwC.P.r w. GA 9/33/
Address
OY+�KSr, cA -IXN7
city / sate / zip code
city / sate / Ztp code
p1� 9•- �•�s
3/V- 6a3 -�a /6
Fax Number
Af/14
Fax Number
A11A
Email Address
Email Address
Fireplace
Designation of Manufacturers and Suppliers 9 RSI 09-09 (Group 32) re -Bid
4,.4, W. 30 ��
City of El Segundo
Residential Sound Insulation
Dampers
Cwma Pasoa
,5& /et PSI t
coma Pawn
FY�� 5��✓� rd
Company
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Company
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Addreee
tj 9 ,�. TMtfi� 9 rshwt,
Ciry / swe / Zip Code
p�wJ CA 9/33/
Ciry / shoe / Zip Code
•rsgSs, 0 R'I
Phone Number
�l8_
Phone Number
6Vl -3093
P s/ fa- µ•�3
Fu .7�r =633- �p /6
Emw Addles
I Email Address
Designation of Manufacturers and Suppliers 10 RSI 09-09 (Group 32) m -Bid
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City of El Segundo
Residential Sound Insulation Program
BIDDERS'S PROPOSAL AND STATEMENT
Project Number RSI 09 -09
"Residential Sound Insulation Program — Group 32"
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he/she has examined the Contract Documents, including without
limitation the "Instructions to Bidden" and the "Condition of the Contract," and otherwise
satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all
conditions and matters which can in any way affect the Work or its cost, and agrees to the
following:
To perform all Work in strict conformity with the requirements of the Contract Documents and
at the following lump sum price:
ID
Address
Description
Engineer's
Estimate
Bid
Amount
Property
Subtotal
32.01
509 E. Walnut Ave
RSI Improvements
$
S aJ ' 3�3
Air Conditioning
Upgrade
"K
zCM
Electrical U
$ o
Electrical Upgrade
$
Sill & Frame
damage Upgrade
r:
$ 5��
32.02
511 E. Walnut Ave.
RSI Improvements
$
$IDS 0C
Air Conditioning
U e
MON, -r
;: a
$
Electrical Upgrade
$
Sill damage
UpItrade
$ , 3
32.03
513 E. Walnut Ave.
RSI vements
;:
$ 5
Air Conditioning
Upgrade
f 1
Electrical Upgrade
S00 ' . '
$
Bidder's Proposal and Statement 1 RS109 -09 (Group 32) re-Bid
i��
?9(�
City of El Segundo
Residential Sound Insulation
32.04 812 McCarthy Ct. RSI Improvements
Air Conditioning
Upgrade
Electrical U e
Door B Upgrade
i -` S
. s 3H -i
S
5
S
Skylight glass
-Upgrade
Grid U e
32.06 1017 E. Acacia Ave. RSI Improvements
32.07 310 W. Oak Ave. RSI Improvements
S
$
S
S
32.08
854 Hillcrest St.
RSI Improvements
I. ..,
$
Air Conditioning
Upgrade
Electrical Usf;
$
Window 20
Upgrade
32.09
123 W. Sycamore Ave.
RSI improvements
` r;. '
$
Door E Upgrade
$
Window 12
Upgrade
",
►-�I�
$
53���1�
32.10
32.11
516 W. Acacia Ave.
851 Hillcrest St.
RSI rovements
RSI Improvements
:: S
$
$
$
32.12
920 Dune St.
RSI Improvements
':',: S 4Ui D1
Air Conditioning
Upgrade
r:.. $
tY
Electrical Upgrade
Door A Upgrade
Tint Upede
a. 'S ` •A S
901 Loma Vista St.
RSI Improvements s
I
S
Electrical Upgrade
wt. ;
S I
32.14
705 Redwood Ave.
RSI Improvements_
$
S
Air Conditionng
N /N
Electrical Upgrade
/A
32.15
624 W. Walnut Ave.
RSI Improvements
Air Conditioning
Upgrade
aT r�//■,.��`v% r`;
31�-}
Electrical Upgrade
>•:'�� " ._.
S
s 2�► �l
Bathroom exhaust
U
s 1
0 ;4 404 oew 4t Bidder's Proposal and Statement RSI 09 -09 (Getup 32) re-Bid
K� L
City of El Segundo
Residential Sound Insulation Program
'WWWO'
32.16
732 W. Acacia Ave.
RSI Improvements
$ 30 1D
Air Conditioning
Ungrade
$ 31L�l
Electrical Upgrade
1`
1 L)
$ 1,5
32.17
732 Hillcrest St.
RSI Immovements
$
Air Conditioning
-U parade
Electrical U
$
$ 1 N 5
32.18
711 W. Sycamore Ave.
RSI Improvements
4.4-2. -- ,
S '.511
—1 1)2
$
32.19
733 Hillcrest St
RSI Improvements
$
$
Air Conditioning
Upgrade-
, aw
$
Electrical U grade
w. 1 y
$
Windows 8 & 9
U deg
S 4�9
Kitchen exhaust
Upgrade
$
32.20
537 W. Maple Ave
RSI Improvements
:"I"400S
$ T-Jj I Ut
Window 36
Upgrade
A
$ 4 i
Door sills
U'Darade
$1
Air Conditioning
Upgrade
$
32.21
130 E. Maple Ave.
RSI Improv;m—en
S 1-71, "W-11
$
Windows 24 & 25
Upgrade
sag
Door C Upgrade
$
$ �)50
Window sill
Upgrade
r
$ Q0
32.22
741 Hillcrest St.
RSI Improvements
$
C:�3
$ ), I A
Air Conditioning
U
00
$
Electrical Uvzrade
32.23
859 Virginia Ave.
RSI Improvements
all"
$ Ll 1119%6- 1
$ T, *1
Door A Upgrade
32.24
431 W. Oak Ave.
RSI Improvements
' S4 OWE '--
bl, U126
$
32.25
431 W. Oak Ave, Back
Unit
RSI Improvements
33
Bidder's Proposal and Statement 3 RSI 09-09 (Group 32) re-Bid
13
City of E1 Segundo
Residential Sound Insulation Program
Total Bid (Contract Sum)
V\U
�c
I (words) S�v�ri-t'`� _ F \V .
$ ��1�, 3� . DO
(figures)
In case of discrenancv between the words and figures, the words must prevail.
Notices:
• Illegible Bids must be disqualified
■ If the Total Bid does not equal the total of the Schedule of Values, it is
grounds for rejection of the Bid or rescinding a Notice of Award.
■ Inconsistencies between the Schedule of Values and the Plans for each
Home are grounds for rejection of the Bid
If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract
within ten (10) calendar days as required by the Contract Documents (See Section 00 5100).
Bid Security, which must not be less than ten percent (10 %) of the Total Bid (Contract Sum), is
enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the
undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in
accordance with the requirements of the Contract Documents after being awarded the Contract,
Bidder will be liable for and forfeit to the City the amount of the difference between the amount
of its Bid and the larger amount for which the City procures the Work.
Name of Firm: PBC, Inc.
Address:
Telephone Number.
Contractor's License Number:
Type of License:
License Expiration Date:
125 SH l,dcn St, FS, CA 90245
=71T
7-31-09
Type of Entity: ❑ Sole Proprietorship ❑ Partnership R Corporation ❑ Other
Bidder's Proposal and Statement 4 RSI 09 -09 (Group 32) re -Bid
i.��
City of El Segundo
Residential Sound Insulation Program
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative: Richard J. Williams
Title: Pi''t
Signature:
Dated this 26th day of May , 2009 .
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement 5 RSI 09-09 (Group 32) re -Bid
JL
3
Page 1 of I
O'Neill, James
From: Joe Romeo Dromeo @slcontracting.com]
Sent: Wednesday, May 27, 2009 5:24 AM
To: O'Neill, James
Subject: ELS 32 Bid
Importance: High
Hi James,
I'm sure you have already noticed but I just want to bring the following to your attention:
#1. Harry H. Joh bid —they don't have contract values or percentages listed for either the suppliers or
subcontractors, and their roofer doesn't have the proper license requirements.
#2. PBC —does not have a NEEB certified air balancer listed as required by the contract documents
which would indicate they intend to self perform the task but they are not NEEB certified.
Thank You,
Joe
5/27/2009
Page 1 of 1
O'Neill, James
From: Joe Romeo Dromeo @sicontracting.comj
Sent: Wednesday, May 27, 2009 7:56 AM
To: O'Neill, James
Subject: ELS 32 PBC Bid
Hi James,
One more thing about PBC's bid that is very unusal to the other bids the have historically submitted, the
HVAC subcontract value is listed as 130K which doesn't match the supplier listed value of 96K; there is
a conflict in the pricing for materials and labor on the HVAC portion of the contract.
PBC's other bids have always matched.
I appologize if this information is redundant to your self examination of the bids.
Thank You,
Joe
"
JL r
5/27/2009
City of El Segundo
Residential Sound Insulation Program
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract to Professional Building
Contractors, Inc. for construction related to Group 33 (30 homes) of the City's Residential Sound
Insulation Program (Project Nos. RSI 09 -10).
(Estimated construction costs and retention: $633,996)
RECOMMENDED COUNCIL ACTION:
I. Reject Bid submitted by S &L Specialty Contracting, Inc.;
2. Award a contract to Professional Building Contractors, Inc.;
3. Authorize the City Manager to execute a contract in a form approved by the City Attorney;
and /or
4. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
I . Bidder's Assurance of Compliance with Title 49 CFR Part 26 relating to Disadvantaged
Business Enterprise Participation submitted as part of the Bid by S &L Specialty Contracting,
Inc.
2. Pages 9 - 10 of Bid submitted by S &L Specialty Contracting, Inc.
3. Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manager
REVIEWED BY: Greg Carpenter, Director lan and Building Safety
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On May 26, 2009 the City Clerk's office opened sealed bids for Group 33 (RSI 09 -03) of the
City's Residential Sound Insulation (RSI) Program. The results were as follows:
Group 33 (RSI 09 -10)
1. S &L Specialty Contracting, Inc ...... ............................... $533,900.00
2. Professional Building Contractors, Inc ...... .................... $576,360.00
3. G &G Specialty Contractors, Inc ................ ....................$581,974.00
4. Big West Construction Corporation ........... ....................$583,361.00
5. Tron Construction, Inc .................... ............................... $606,060.00
6. Sam Boo Construction Company, Inc ........................... $636,000.00
10
14!
By comparison, the Bids received in response
March 30, 2009 were:
1. California Averland Construction, Inc....
2. G &G Specialty Contractors, Inc .............
3. Tron Construction, Inc ............................
4 S &L S ecialt Contractin Inc
to the original Notice Inviting Sealed Bids on
....................... $591,117.29
....................... $600,974.00
....................... $609,265.00
$615 900 00
Fy g, .... ............................... ,
5. Professional Building Contractors, Inc ...... ....................$653,721.00
6. NSA Construction Group, Inc ......... ............................... $678,000.00
7. Karabuild Development, Inc ........... ............................... $684,900.00
Staff reviewed the bids received and found the following:
The lowest Bid, submitted by S &L Specialty Contracting, Inc. (S &L), is non - responsive because
S &L is assuring a Disadvantage Business Enterprise (DBE) participation of five percent (5 %),
and yet, according to the subcontractor listing submitted with their Bid, only two and four tenths
percent (2.4 %) of the Work has been identified to be subcontracted to DBE Certified
subcontractors. (See attached "Bidder's Assurance of Compliance with Title 49 CFR Part 26
relating to Disadvantaged Business Enterprise Participation ")
The second lowest Bid, submitted by Professional Building Contractors, Inc. (PBC), appears to
be responsive, and thus the remaining Bids were not reviewed for responsiveness.
As the City Council is aware, PBC has successfully completed construction for Groups 3, 20 and
28 of the Residential Sound Insulation Program and City Council recently awarded contracts to
PBC for Groups 31, 34 and 35 at the City Council meeting on May 20, 2009.
The amounts requested for the contracts are $633,996 which represents the Total Bid amount and
an additional 10% for potential change orders related to unforeseen conditions.
City Council is reminded that eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA.
ic�1.
SQL
City of El Segundo
Residential Sound Insulation
The Bidder hereby gives assurance pursuant to the requirements of Title 49 CFR part 26 that
Bidder has made a reasonable effort to meet goals for Disadvantaged Business Enterprise
participation specified for the Contract for which this proposal is submitted and that the Bidder,
if the contract is awarded to Bidder, will have a DBE participate of
F 14 £ percent (,5 0A) of the amount of this Bid.
Bidder further gives assurance that Bidder will submit the documentation required by said
regulations and the Contract Documents, Including the Listing of Disadvantaged Business
Enterprises with which the bidder will subcontract if the Contract is awarded and if Bidder is
unable to moot the contract goals for DBE participation, of the steps Bidder has taken to obtain
DBE participation.
" .t.•.
•.r . %mmNVISM
ToWphom Number /
Contractor an
Signature:
Assurance of Compliance (DBE Participation) IS ' RSt 09-10 (Group 33) re-BW
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City of El Segundo
Residential Sound Insulation
I J 19)) � 11�;*l J 110;111-11 W.10 01-1
Project Number RSI 09-10
"Residential Sound Insulation Program — Group 33"
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he/she has examined the Contract Documents, including without
limitation the "Instructions to Bidders" and the "Conditions of the Contract," and otherwise
satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all
conditions and matters which can in any way affect the Work or its cost, and agrees to the
following:
To perform all Work in strict conformity with the requirements of the Contract Documents and
at the following lump sum price:
Bidder's Proposal and Statement 1 RSI 09-10 (Group 33) re-Bid 1�
Addendum #1 (177
Revised May 20,2009 k I
Engineer's
Bid
Property
ED
Address
Description
Estimate
Amount
Subtotal
33.01
640 W. Imperial Ave,
RSI Improve
Improvements
r�." `01.0
r.w :tQt7,, Fi
Unit I
33.02
640 W. Imperial Ave,
RSI Improvements
Unit 2
$
$
33.03
640 W. Imperial Ave,
RSI Improvements
t
L�J Urli
Unit 3
33.04
640 W. Imperial Ave,
RSI Improvements
ajNs
Unit 4
S
$
33.05
640 W. Imperial Ave,
RSI Improvements
VOID
Unit 5
sliau
s
33.06
640 W. Imperial Ave,
RSI Improvements
TOK40
15
Unit 6
34.
33.07
640 W. Imperial Ave,
RSI Improvements
t
Unit 7
33.08 1
640 W . Imperial Ave,
RSI Improvements
Igo
Uni t 8
i
S
33.09
337 E. Walnut Avenue
RSI Improvements
Air Conditioning
1�4
pgrade
$3i
33.10
337'/4 E. Walnut Ave.
RSI Improvements
tlZ
$ 15) 1
Air Conditioning
3H-1
Upwade
$
33.11
770 W. Imperial Ave,
RSI Improvements,'
4
Bidder's Proposal and Statement 1 RSI 09-10 (Group 33) re-Bid 1�
Addendum #1 (177
Revised May 20,2009 k I
City of El Segundo
Residential Sound Insulation Program
Notices:
• Illegible Bids must be disqualified
■ If the Total Bid does not equal the total of the Schedule of Values, it is
grounds for rejection of the Bid or rescinding a Notice of Award.
■ Inconsistencies between the Schedule of Values and the Plans for each
Home are grounds for rejection of the Bid
If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract
within ten (10) calendar days as required by the Contract Documents (See Section 00 5100).
Bid Security, which must not be less than ten percent (101/6) of the Total Bid (Contract Sum), is
enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the
undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in
accordance with the requirements of the Contract Documents after being awarded the Contract,
Bidder will be liable for and forfeit to the City the amount of the difference between the amount
of its Bid and the larger amount for which the City procures the Work.
Bidder's Proposal and Statement 2 RS109 -10 (Group 33) re -Bid
Addendum #1 s�% / Revised May 20, 2009 .,
Unit 17
33.12
770 W. Imperial Ave,
Unit 38
RSI Improvements;-
j'- fit. r $ Z5,
$ a.5,
33.13
935 Main St, Unit 101
RSI Improvements
33.14
1935 Main S Unit 102
RSI Improvements
. K . $ 2 a.
$ 21V, Q :1,
33.15
935 Main St, Unit 103
RSI Improvements
;: S
$
33.16
935 Main St, Unit 104
RSI Improvements
``" ` $
$
33.17
935 Main St Unit 105
RSI Im rovements
'y S S
$
33.18
935 Main St Unit 106
RSI hamvenients
33.19
1935 Main St, Unit 201
RSI Improvemen ts
:: $ 1 lqb?)
$
33.20
935 Main St, Unit 202
RSI rovements
$
33.21
935 Main St, Unit 203
RSI Im rovements
-k I $
$ ICI Oqhv
33.22
935 Main St, Unit 204
RSI Improvements
'r;i : , S
$
33.23
935 Main St. , Unit 205
RSI Improvements
$ 1 la
3-1 119 1 Zl
33.24 1935
Main St. , Unit 206
RSI Improvements
n'., i S M, 141
S
33.25
935 Main St. , Unit 302
RSI Im rovements
S
33.26
935 Main St. , Unit 303
RSI Improvements
O S
$ 2Q 2L$
33.27
935 Main St Unit 305
RSI Improvements
_ l?S ' $ 1
$
33.28
935 Main St. , Unit 305
RSI Improvements
33.29 1935
Main St. , Unit 301
Door A Upgrade
"fir.. $
S
33.30 1935
Main St. , Unit 304
1 Door A Upgrade
$
Total Bid (Contract Sum) M1
(words) v
(figures)
In case of discrepancy between the words and figum, the words must prevail.
Notices:
• Illegible Bids must be disqualified
■ If the Total Bid does not equal the total of the Schedule of Values, it is
grounds for rejection of the Bid or rescinding a Notice of Award.
■ Inconsistencies between the Schedule of Values and the Plans for each
Home are grounds for rejection of the Bid
If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract
within ten (10) calendar days as required by the Contract Documents (See Section 00 5100).
Bid Security, which must not be less than ten percent (101/6) of the Total Bid (Contract Sum), is
enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the
undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in
accordance with the requirements of the Contract Documents after being awarded the Contract,
Bidder will be liable for and forfeit to the City the amount of the difference between the amount
of its Bid and the larger amount for which the City procures the Work.
Bidder's Proposal and Statement 2 RS109 -10 (Group 33) re -Bid
Addendum #1 s�% / Revised May 20, 2009 .,
ps(�,
City of El Segundo
Residential Sound Insulation Program
Name of Firm:
Address:
Telephone Number:
Contractor's License Number.
Type of License:
License Expiration Date:
Profewiaml Building ak trect a, Inc.
125 Sheldon St, F1 Sm do, G 90245
CMB
7-31-M
Type of Entity:0 Sole Proprietorship 0 Partnership ® Corporation 0 Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative: Dave deGroot
Title: General
Signature:
Dated this 26th day of MY , 2009 .
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement 3 RSI 09 -10 (Group 33) re-Bid
Addendum #1 Revised May 20, 2009
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding awarding a contract to Professional Building
Contractors, Inc. for construction related to Group 36 (30 homes) of the City's Residential Sound
Insulation Program (Project Nos. RSI 09 -11).
(Estimated construction costs and retention: $751,188)
RECOMMENDED COUNCIL ACTION:
1. Award a contract to Professional Building Contractors, Inc.;
2. Authorize the City Manager to execute a contract in a form approved by the City Attorney;
and/or
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Bidder's Proposal and Statement submitted by Professional Building Contractors, Inc.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,570,900
Additional Appropriation: N/A
Account Number(s): 116- 400 - 0000 -8960
ORIGINATED BY: James S. O'Neill, Program Manage
REVIEWED BY: Greg Carpenter, Direct° Plann and Building Safety
APPROVED BY: Jack Wayt, City Manai�j,
BACKGROUND AND DISCUSSION:
On May 26, 2009 the City Clerk's office opened sealed bids for Group 36 (RSI 09 -11) of the
City's Residential Sound Insulation (RSI) Program. The results were as follows:
1.
2.
3.
4.
5.
6.
7.
8.
Professional Building Contractors, Inc......
Harry H. Joh Construction, Inc ..................
S &L Specialty Contracting, Inc .................
Tron Construction, Inc ...............................
G &G Specialty Contractors, Inc ................
Sam Boo Construction Company, Inc.......
New Creation Builders, Inc ........................
Bi West Construction Co oration
.................... $682,898.00
.................... $699,640.00
.................... $726,5000
.................... $732,355.00
.................... $824,974.0o
gIF ..................
........... $845,000.00
........... $845,100.11
........$1,181,161.00
The lowest Bid, submitted by Professional Building Contractors, Inc. (PBC), was reviewed by
City staff and found to be responsive, and thus the remaining Bids were not reviewed for
responsiveness.
1 1
i��g
As the City Council is aware, PBC has successfully completed construction for Groups 3, 20 and
28 of the Residential Sound Insulation Program and City Council recently awarded contracts to
PBC for Groups 31, 34 and 35 at the City Council meeting on May 20, 2009.
The amounts requested for the contracts are $751,188 which represents the Total Bid amount and
an additional 10% for potential change orders related to unforeseen conditions.
City Council is reminded that eighty percent (80 %) of costs associated with the Residential
Sound Insulation Program are covered by federal grant funding from the Federal Aviation
Administration (FAA). This remains a funding source until those funds identified in the Grant
Implementation Plan to the City of Los Angeles are exhausted. Remaining expenses, except for
elective "Owner Upgrades" selected by property owners, are paid for by funding received as part
of the settlement agreement with LAWA.
'L �l
AdSilhk City of El Segundo
Residential Sound Insulation Program
BIDDERS'S PROPOSAL AND STATEMENT
Project Number RSI 09 -11
"Residential Sound Insulation Program — Group 36"
To the Mayor and City Council
City of El Segundo
350 Main St.
El Segundo, CA 90245
The undersigned declares that he /she has examined the Contract Documents, including without
limitation the "Instructions to Bidders" and the "Conditions of the Contract," and otherwise
satisfied himself/herself as to the nature and location of the Work, and is fully informed as to all
conditions and matters which can in any way affect the Work or its cost, and agrees to the
following:
To perform all Work in strict conformity with the requirements of the Contract Documents and
at the following lump sum price:
ID
Address
Description
Engineer's
Estimate
Bid
Amount
Property
Subtotal
36.01
416 W. Walnut Ave
RSI Improvements
$
$ " Jl
36.02
213 E. Walnut Ave.
RSI Improvements
$
$ /
36.03
310 W. Walnut Ave.
RSI Im rovementsq`.x
$
$
36.04
1206 E. Acacia Ave
RSI Improvements
$ ;� } a`
$ �,
36.05
212 E. Maple Ave.
RSI Improvements
$ _ ,
$
36.06
214 E. Walnut Ave.
RSI Improvements
' ;
$ J3
$-�, .
36.07
713 Hillcrest Street
RSI Improvements
::'t>
$ .$
n
$ "XA
Door A Upgrade
$
Window 14
U ade
:
$
36.08
1 727 Loma Vista Street
RSI Improvements
' 6
$ 12 T,
$ 2 2gi
36.09
727 %Z Loma Vista
Street
RSI Improvements
�T $�
$ `o
36.10
1022 E. Acacia Ave.
RSI Improvements
'r 7 r
$
$ I
Air Conditioning
Upgrade
Electrical Upgrade
Electrical Upgrade
$
36.11
730 Redwood Ave.
RSI Improvements
3`672
$
$ q, ~�.
Door A Upgrade
$
36.12
606 W. Oak Ave.
RSI Improvement-,
:: , - -, $29 333
$ �J
36.13
101 E. Walnut Ave.
RSI Improvements
«' $1 "5 145'::
$_
$1
Bidder's Proposal and Statement 1 RSI 09-11 (Group 36)
J l % V
City of El Segundo
Residential Sound Insulation Program
36.14
1 103 E. Walnut Ave.
RSI Improvements
6 1°
$ `i '�"
$1 3"l 1
36.15
105 E. Walnut Ave.
RSI Improvements
ePF 1>
$
$'�
36.16
815 Main St. #101
RSI Improvements
: ' 54
$ "1
$
36.17
815 Main St. # 102
RSI Improvements
= A z
$ r �; ( �`
$
36.18
815 Main St. #103
RSI Improvements
y ;
$ _%
$
36.19
815 Main St. #104
RSI Improvements
`"
$ '
$
36.20
815 Main St. #105
RSI Improvements
-
$ 1,51
$
(�
36.21
815 Main St. #106
RSI Improvements
..
$ 1 �, __,
$
36.22
815 Main St. #107
RSI Improvements
$ vi
$ 1 `j
36.23
815 Main St. #201
RSI Improvements
$ -
$
36.24
815 Main St. #202
RSI Im rovements
a z
$
$ r `Y
36.25
815 Main St. #203
RSI Improvements
$ r
$
36.26
815 Main St. #204
RSI Improvements
$
$
36.27
815 Main St. #205
RSI Improvements
$
$ C
36.28
815 Main St. #206
RSI Improvements
$
$
�
36.29
815 Main St. #207
RSI Improvements
$ q �'
$ L,
36.30
815 Main St. #301
RSI Improvements
E
$ F
$ 1-
36.31
815 Main St. #302
RSI Improvements
, :
$ rul
Sill Upgrade
$
36.32
815 Main St. #303
RSI Improvements
f >h u4 .
$ r� _
$ ;
36.33
815 Main St. #304
RSI Improvements
1 $ � . �,�` }��.
$ 1 ` H
Total Bid (Contract Sum)
L 1Cit 1A
$ ��-�, �, V�) - �_ 'L
(figures)
In case of discrepancy between the words and figures, the words must prevail.
Notices:
■ Illegible Bids must be disqualified
■ If the Total Bid does not equal the total of the Schedule of Values, it is
grounds for rejection of the Bid or rescinding a Notice of Award.
■ Inconsistencies between the Schedule of Values and the Plans for each
Home are grounds for rejection of the Bid
If awarded the Contract for the Work, the undersigned hereby agrees to execute the Contract
within ten (10) calendar days as required by the Contract Documents (See Section 00 51 00).
Bid Security, which must not be less than ten percent (10 %) of the Total Bid (Contract Sum), is
enclosed as a guarantee that the undersigned will enter into a Contract if awarded to the
undersigned. Bidder further agrees that in the event Bidder fails to execute the Contract in
accordance with the requirements of the Contract Documents after being awarded the Contract,
Bidder will be liable for and forfeit to the City the amount of the difference between the amount
of its Bid and the larger amount for which the City procures the Work.
Bidder's Proposal and Statement /--i_jw RS109 -11 (Group 36)
_f - I
101
City of El Segundo
Residential Sound Insulation Program
Name of Firm: PBC, Inc.
Address: 125 Rheldcn St., FS, CA 90245
Telephone Number: 310 -524 -0590
Contractor's License Number: 765663
Type of License: Class B
License Expiration Date: 7 -31-09
Type of Entity: ❑ Sole Proprietorship ❑ Partnership ® Corporation ❑ Other
I declare under penalty of perjury that the foregoing is true and correct.
Contractor Representative: Richard J. Williams
Title: President
Signature:
Dated this 26th day of May , 20 09 .
If Corporation, please attach evidence of authority to sign.
Bidder's Proposal and Statement 3 RSI 09 -11 (Group 36)
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to waive the formal bidding process per the El Segundo
Municipal Code Section 1 -7 -10 and authorize the Fire Department to issue a purchase order
enabling Valley Fire Service to perform a major engine overhaul for Engine 32. (Fiscal Impact:
$27,760)
RECOMMENDED COUNCIL ACTION:
1) Recommend that the City Council waive the formal bidding process per the El Segundo
Municipal Code Section 1 -7 -10, and authorize the Fire Department to issue a purchase order to
Valley Fire Service to perform a major engine overhaul on Engine 32; 2) Alternatively, discuss
and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Work estimate provided by Valley Power Systems, Inc.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $200,000
Additional Appropriation: No
Account Number(s): 001 - 400 -4601 -6224
ORIGINATED BY: Kevin S. , Fire Chief
REVIEWED BY: Kevin S. Q211t , Fire Chief
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
The Fire Department's Engine 32 experienced a catastrophic engine failure. During an initial
inspection of the damage conducted by Valley Fire Service, the engine was found to be seized.
A major in -frame engine replacement was recommended to repair the damage. The City
Manager authorized an emergency purchase per Municipal Code Section 1 -7 -12 to allow this
repair to be made expeditiously. These repairs are underway at the time this staff report was
drafted and were estimated to be completed within two weeks of the receipt of the purchase
order.
12
Al 53
r01`\
kn�ili
901 •
Date May 7, 2009, 2009
Prepared for: EL SEGUNDO FIRE
Estimate Number: 102339
425 South Hacienda Blvd., Industry, CA 91745
Main: (626) 333.1243, (800) 924 -4265
Fax: (626) 369 -7096
Work Estimate
Thank you for the opportunity to quote Valley's services to you. Per your
request, please find Valley's quotation for services and repairs for the equipment
described. Valley's quotation is for performing the work described in the Scope of Work
and for the supply of parts and materials described in the Scope of Supply. If you have
any questions, please contact us. Thank you.
Equipment Information:
Engine Serial Number(s):8VF155042
Engine Model Number(s): 8087 -71345
Estimated Hours of Operation: 83,700
Equipment Description: TRUCK/FIRE
Scope of Work:
Remove all necessary items to replace complete engine pip ies, brackets, hoses, exhaust
pipes Air intake, fuel & oil lines ,swap all items to new engine. Remove radiator & inspt.
Then reinstall back & finished reassemble all items that were removed.
Start dyno & road test.
Scope of Supply:
Miscellaneous items ,hoses clamps, lines, coolant.
8V92 reliiabilt engine (warranty one year or 100,000 miles
New air compressor , belts, radiator.
Estimated completion date: 5 -7 -9 (This is an estimate only based upon information
known to Valley as of the date of this Work Estimate. This estimate is subject to change
due to unforeseen delays in executing the work or procuring parts and other materials.
Page 1 of 3
Rev 2 -17 -09
15LJ
In this event, Valley will make every effort to keep you updated on the time to
completion)
Estimated Price:
Labor as described in the Scope of Work 75hrs &$93.00 $6,975.00
Parts and materials as described in the Scope of Supply $20,385.11
Hazardous materials disposal charge $50.00
Area and other charges $350.00
Total: $ 27,760.11
Total Estimated Price does not include any applicable sales tax, or core charges for
unacceptable cores. This estimate is good for thirty (30) days from the date shown
above. Terms of sale are COD unless other arrangements have been made with
Valley's credit department prior to the start of work. Valley's Standard Terms and
Conditions of Sale and Limited Warranty apply to all work and materials supplied under
this quote, any other terms and conditions provided in the Customer's purchase order or
any other document are expressly rejected by Valley.
Customer Signature Date
Printed Name Purchase Order Number
Page 2 of 3
Rev 2 -17 -09
z J %J
Limited Warranty on Workmanship
Valley Power Systems, Inc. (hereinafter referred to as "Valley ") warrants that any services performed in the
rebuilding or reconditioning of the foregoing engine /transmission/equipment or other product rebuilt or
reconditioned by Valley (or any of its affiliates) shall be free from defects in workmanship for a period of six (6)
months from the date of such service, subject to the following limitations and exclusions.
Any new parts, components or assembles used in the rebuilding or reconditioning operation are warranted
only to the extent of the warranty furnished by the manufacturer of such parts. Without limitation of the foregoing,
any engines, parts or other equipment sold to the owner by Valley Power Systems, Inc., an affiliate of Valley, are
warranted only to the extent of the manufacturer's warranty applicable to such products. Parts which are not
replaced or those which are reused in the rebuilding and reconditioning of the engine or other products, and any
workmanship of the manufacturer not affected by the rebuilding or reconditioning operation are warranted only to
the extent of any previously existing warranties furnished by the manufacturer thereof.
In the event of any failure on which a warranty claim may be presented hereunder, the owner must notify
Valley within three (3) business days after the claimed failure is discovered and follow Valley's suggestions relative
to the inspection or disposition of the defective part, component or assembly and to the repairing and /or replacement
thereof.
This warranty is contingent on the proper application of the engines and products by the owner in
accordance with the recommendations of the manufacturer thereof and Valley.
This warranty shall not apply to any engine, transmission, equipment or other product which has been
repaired or altered subsequently by anyone other than Valley in any way so as in the judgment of Valley to affect
adversely its performance and reliability for which has been subject to misuse, negligence or accident.
Valley's sole obligation under this warranty is to correct any defects as provided herein. The liability of
Valley arising out of such defects shall not in any case exceed the cost of correcting such defects in accordance with
this limited warranty and shall not include any transportation charges, owner's labor or materials (except as
authorized in writing in advance).
In no event shall Valley (or any of its affiliates) be liable to the owner under any equity, common law,
contract, estoppels, negligence, tort, strict liability or any other theory for any consequential, incidental, indirect,
punitive or special damages (including lost profits or loss of goodwill) arising out of, resulting from, or relating to
any services performed by Valley (or any of its affiliates) on behalf of owner.
THE ENTIRE LIABILITY AND OBLIGATION OF VALLEY WITH RESPECT TO THE REBUILDING
OR RECONDITIONING OF THE ABOVE ENGINE/TRANSMISSION/EQUIPMENT OR OTHER PRODUCT
UNIT IS DEFINED BY THIS WARRANTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN STATEMENTS OR REPRESENTATIONS WITH
RESPECT TO THE SUBJECT MATTER HEREOF SHALL BE BINDING UPON VALLEY UNLESS
ENDORSED HEREON. UPON THE EXPIRATION OF THIS WARRANTY, ALL LIABILITY ON THE PART
OF VALLEY IN CONNECTION THEREWITH SHALL TERMINATE.
Customer acknowledges that this Limited Warranty shall supersede any other conflicting documents.
Signature
Print Name
Page 3 of 3
Rev 2 -17 -09
Date
Title
y r
A.
EL SEGUNDO CITY COUNCIL MEETING DATE: June 2, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the annual Resolution updating the
employer's contribution under the Public Employees' Medical and Hospital Care Act. for
El Segundo Fire Fighters' Association, El Segundo Police Officers' Association, El
Segundo Police Management Association, and the El Segundo Management /
Confidential Group. (Fiscal Impact: Included in adopted budget)
RECOMMENDED COUNCIL ACTION:
1) Adopt the required Resolutions
2) Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposed Resolutions
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s): various
ORIGINATED BY: Marcia Marion
REVIEWED BY: Deborah Cullen, Director of Finance
APPROVED BY: Jack Wayt, City Manage&
BACKGROUND AND DISCUSSION:
As required, the City files with the Public Employees Retirement System (PERS) the annual
Resolutions reflecting changes in the City's contribution for employees and annuitants under the
Public Employees Medical and Hospital Care Act.
The current Memorandum of Understanding contract provisions with the El Segundo
Firefighters' Association and the El Segundo Police Officers Association provide that the City's
contribution is based on the average dollar cost of the premium for an employee and two (2) or
more dependents for the HMOs available to employees under the Public Employees' Medical
and Hospital Care Program in the Los Angeles area, as that term is defined by CalPERS (Los
Angeles, San Bernadino and Ventura County). In the 2009 calendar year the maximum City
contribution based on this calculation for medical coverage will be $1009.54 per month per
employee.
13
1Ji
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE CITY OF
EL SEGUNDO'S MANAGEMENT / CONFIDENTAIL GROUP
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22892(a) provides that a local agency contracting under the
Public Employees' Medical and Hospital Care Act must fix the amount of the
employer's contribution at an amount not less than the amount required under §
22892(b)of the Act, and
B. Government Code § 22892(c) provides that a contracting agency may fix the amount
of the employer's contribution for employees and the employer's contribution for
annuitants at different amounts provided that the monthly contribution for annuitants
be annually increased by an amount not less than 5 percent of the monthly
contribution for employees, until such time as the amounts are equal; and
C. The City of El Segundo ( "employer ") is a local agency contracting under the Act for
participation by members of the El Segundo Supervisory and Professional
Employees' Association.
SECTION 2: The employer's contribution for each employee is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1200.00 per month effective January 1, 2009
SECTION 3: The employer's contribution for each annuitant is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1200.00 per month effective January 1, 2009.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of its
adoption in the City's records and in the Minutes of the meeting when it was adopted.
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 2nd day of June 2009
1.
Kelly McDowell, Mayor of the
City of El Segundo
�7
ATTEST:
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
Resolution No. 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 2nd day of June, 2009, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
4
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger,
Assistant City Attorney
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE
EL SEGUNDO POLICE MANAGERS' ASSOCIATION.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22825.6 provides that a local agency contracting under the
Public Employees' Medical and Hospital Care Act must fix the amount of the
employer's contribution at an amount not less than the amount required under §
22892(b)of the Act, and
B. Government Code § 22857 provides that a contracting agency may fix the amount of
the employer's contribution for employees and the employer's contribution for
annuitants at different amounts provided that the monthly contribution for annuitants
be annually increased by an amount not less than 5 percent of the monthly
contribution for employees, until such time as the amounts are equal; and
C. The City of El Segundo ( "employer ") is a local agency contracting under the Act for
participation by members of the El Segundo Police Managers' Association.
SECTION 2: The employer's contribution for each employee is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1200.00 per month effective January 1, 2009
SECTION 3: The employer's contribution for each annuitant is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1200.00per month effective January 1, 2009.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of its
adoption in the City's records and in the Minutes of the meeting when it was adopted.
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009
1.
Kelly McDowell, Mayor of the
City of El Segundo
3C/�
VIII *"
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
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor, apd attested to by the City Clerk, all at a regular meeting of said
Council held on the 2nd day of June 2009, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
4
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger,
Assistant City Attorney
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE
EL SEGUNDO POLICE OFFICERS' ASSOCIATION.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22892(a) provides that a local agency contracting under the
Public Employees' Medical and Hospital Care Act must fix the amount of the
employer's contribution at an amount not less than the amount required under §
22892(b)of the Act, and
B. Government Code § 22892(c) provides that a contracting agency may fix the amount
of the employer's contribution for employees and the employer's contribution for
annuitants at different amounts provided that the monthly contribution for annuitants
be annually increased by an amount not less than 5 percent of the monthly
contribution for employees, until such time as the amounts are equal; and
C. The City of El Segundo ( "employer ") is a local agency contracting under the Act for
participation by members of the El Segundo Police Officers' Association.
SECTION 2: The employer's contribution for each employee is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1009.54 per month effective January 1, 2009.
SECTION 3: The employer's contribution for each annuitant is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1009.54 per month effective January 1, 2009.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of its
adoption in the City's records and in the Minutes of the meeting when it was adopted.
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 2nd day of June, 2009
Kelly McDowell, Mayor of the
City of El Segundo
iil
ATTEST:
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
Resolution No. 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 2nd day of June, 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
By:
Karl H. Berger,
Assistant City Attorney
jb�
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE
EL SEGUNDO FIREFIGHTERS' ASSOCIATION.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22892(a) provides that a local agency contracting under the
Public Employees' Medical and Hospital Care Act must fix the amount of the
employer's contribution at an amount not less than the amount required under §
22892(b) of the Act, and
B. Government Code § 22892(c) provides that a contracting agency may fix the amount
of the employer's contribution for employees and the employer's contribution for
annuitants at different amounts provided that the monthly contribution for annuitants
be annually increased by an amount not less than 5 percent of the monthly
contribution for employees, until such time as the amounts are equal; and
C. The City of El Segundo ( "employer ") is a local agency contracting under the Act for
participation by members of the El Segundo Fire Fighters' Association.
SECTION 2: The employer's contribution for each employee is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1009.54per month effective January 1, 2009.
SECTION 3: The employer's contribution for each annuitant is the amount necessary to
pay the full cost of his /her enrollment, including the enrollment of his /her family members, in
a health benefits plan up to a maximum of $1209.54per month effective January 1, 2009.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of its
adoption in the City's records and in the Minutes of the meeting when it was adopted.
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 2nd day off June, 2009.
1.
Kelly McDowell, Mayor of the
City of El Segundo
J&Lb1 A
Lt
ATTEST:
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
Resolution No. 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 2ns day of June, 2009, and the same was so passed and adopted by
the following vote:
AYES:
NOES:
ABSENT.
ABSTAIN:
Cindy Mortesen, City Clerk
el
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger,
Assistant City Attorney
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: June 2, 2009
AGENDA HEADING: New Business
Consideration and possible action to receive and file in accordance with the independent
auditor's opinion on the City's Comprehensive Annual Financial Report, and its various
fund financial statements, schedules, and agreements. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file; (2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Statement of Auditing Standard (SAS) 114 Communication Letter
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Angelina Garcia, Fiscal Services Manager-6
REVIEWED BY: Deborah Cullen, Director Finance 10L
APPROVED BY: Jack Wayt, City M
BACKGROUND AND DISCUSSION:
Effective for audits of financial statements for periods beginning on or after December 15, 2006,
and pursuant to United States Generally Accepted Auditing Standards and Office of
Management and Budget Circular A -133, Mayer Hoffman McCann P.C. (MHM) is required to
provide documented communication to those charged with governance certain matters related to
its audit of the Comprehensive Annual Financial Report (CAFR), fund financial statements,
schedules, and agreements of the City of El Segundo.
The following is to be reported to the City Council:
• The Auditor's responsibility under U.S. Generally Accepted Auditing Standards and
OMB Circular A -133
• Overview of the Planned Scope and Timing of the Audit
• Difficulties Encountered in Performing the Audit
• Corrected and Uncorrected Misstatements
• Disagreements with Management
• Management Consultations with Other Independent Accountants
• Other Audit Findings or Issues
■L■1
i b �i
Mayer Hoffman McCann P.C., an independent accounting firm, conducted the annual audit of
the City of El Segundo's financial statements, schedules and agreements for September 30, 2008,
and has issued its reports thereon. Mayer Hoffman McCann P.C., as required by United States
Generally Accepted Auditing Standards and Office of Management and Budget Circular A -133,
has herewith issued its Auditor's Communication with Those Charged with Governance.
.ib;
Mayer Hoffman McCann F.C.
An Independent CPA Firm
2301 Dupont Drive, Suite 200
Irvine, California 92612
949 - 474 -2020 ph
949- 263 -5520 fx
www.mhm-pc.com
Honorable Mayor and City Council
City of El Segundo
El Segundo, California
We have audited the financial statements of the governmental activities, business -type
activities, each major fund, and the aggregate remaining fund information of the City of El
Segundo, California (City) for the year ended September 30, 2008,-.and have issued our report
thereon dated May 1, 2009. Professional standards require that we provide you with the
following information related to our audit.
Our Responsibility under U.S. Generally accepted Auditing Standards and
OMB Circular'A -933
Our responsibility, as described by professional standards, is to express opinions about
whether the financial statements prepared by rr onagement, with your oversight are fairly
presented, in all material respects, in conformity with U.S. generally accepted accounting
principles. Our audit of the financial statements does not relieve you or management of your
responsibilities.
Our responsibility is to plan`nd perform the audit to obtain reasonable, but not absolute,
assurance that the financial statements are free of material misstatement. In planning and
performing our audit, we i idered the City's intemal control over financial reporting in order
to determine our auditing procedures for the purpose of expressing our opinions on the
financial statemends. and not to provide assurance on the internal control over financial
reporting. We also considered internal control over compliance with requirements that could
have a direct and material effect on a major federal program in order to determine our auditing
procedures for the purpose of expressing our opinion on compliance and to test and report on
internal control over compliance in accordance with the U.S. Office of Management and Budget
(OMB) Circular A -133.
As part of obtaining reasonable assurance about whether the City's financial statements are
free of material misstatement, we performed tests of its compliance with certain provisions of
laws, regulations, contracts, and grants, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an
opinion on compliance with those provisions was not an objective of our audit. Also, in
accordance with OMB Circular A -133, we examined, on a test basis, evidence about the City's
compliance with the types of compliance requirements described in the OMB Circular A -133
Compliance Supplement applicable to its major federal program for the purpose of expressing
an opinion on the City's compliance with those requirements. While our audit provides a
reasonable basis for our opinion, it does not provide a legal determination on the City's
compliance with those requirements.
- 1 -
Honorable Mayor and City Council
City of El Segundo
El Segundo, California
We are responsible for communicating significant matters related to the audit that are, in our
professional judgment, relevant to your responsibilities in overseeing the financial reporting
process. However, we are not required to design procedures specifically to identify such
matters.
Planned Scope and Timing of the Audit
Audit fieldwork was substantially completed by March 13, 2009. We performed the audit
according to the planned scope and timing previously communicated to you in a separate letter
dated January 8, 2009. As communicated to you in that letter,..potential significant risks of
material misstatement that were reviewed by our auditing procedures included:
• Risk of material fraud or misstatement associated with the City's cash receipts and cash
disbursements;
• Risk of improper revenue recognition;
• Risk of improper classification of expenditures;
• Risk associated with identifying capital assets additions and deletions;
• Risk of unallowable interfund transfer$; and
• Risk of non - compliance with grant program requirements
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. We
will advise management about the appropriateness of accounting policies and their application.
The significant accountitiii `:policies used by the City are described in Note 1 to the financial
statements. As described in Note 14 to the financial statements, the City changed its
accounting policieis related to other postemployment benefits by adopting Governmental
Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting
by Employers for Postemployment Benefits Other Than Pensions, for the fiscal year ended
September 30, 2008. We noted no transactions entered into by the City during the year for
which there is a lack of authoritative guidance or consensus. As described in Note 16 to the
financial statements, the City restated beginning net assets in both its governmental and
business -type activities to correct errors recorded in prior fiscal years related to: recording of
capital assets; recording of the outstanding liability on the City's facility lease; and correcting
prior year revenue accruals.
Accounting estimates are an integral part of the financial statements prepared by management
and are based on management's knowledge and experience about past and current events
and assumptions about future events. Certain accounting estimates are particularly sensitive
because of their significance to the financial statements and because of the possibility that
future events affecting them may differ significantly from those expected. Examples of
significant judgments and estimates reflected in the City's financial statements include:
-2-
6 t�
Honorable Mayor and City Council
City of El Segundo
El Segundo, California
• Judgments involving the useful lives and depreciation methodology to use for capital
assets, including infrastructure;
• Judgments concerning which capital project expenditures should be capitalized and
depreciated versus expensed in the govemment -wide financial statements;
• Judgments concerning whether an accrual for incurred but not reported claims for
workers' compensation and general liability should be estimated and recorded at year
end;
• Estimates concerning the annual required contribution for the City's other
postretirement benefits; and
• Estimates in the utility receivables at year end.
Difficulties Encountered in Performing the Audit
The timing of the audit was impacted by <:additional time required by Finance Department
personnel to post all of the necessary year -end supporting entries and to prepare all of the
necessary year end supporting schedules and/or reconcil t -ipns.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified
during the audit, other 06n those that are trivial, and communicate them to the appropriate
level of management. Management has corrected all such misstatements. Two adjustments
were identified during the audit which were not corrected. The first consisted of an offset of
$56,439 in amounts due from FEMA and deferred revenue based on expenditures incurred as
of September 30, 2008. The second consisted of an adjustment to recognize sales tax
revenue received in December relating to the proper year, $312,146 for 2007 and $201,871 for
2008.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as
a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction,
that could be significant to the financial statements or the auditor's report. We are pleased to
report that no such disagreements arose during the course of our audit.
-3-
Honorable Mayor and City Council
City of EI Segundo
El Segundo, California
Management Representations
We have requested certain representations from management that are included in the
management representation letter dated May 1, 2009.
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and
accounting matters, similar to obtaining a "second opinion" on certain situations. If a
consultation involves application of an accounting principle to the City's financial statements or
a determination of the type of auditor's opinion that may be expressed on those statements,
our professional standards require the consulting accountantito check with us to determine that
the consultant has all the relevant facts. To our knowledge, there were no such consultations
with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and
auditing standards, with management each year prior to, retention as the City's auditors.
However, these discussions occurred in the normal course of our professional relationship and
our responses were not a condition to our retention.
This information is intended solely for the use of the City Council, management of the City, and
others within the organipttt; and is not intended to be and should not be used by anyone
other than these specified parties.
Irvine, California
May 1, 2009