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2011 OCT 18 - 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, OCTOBER 18, 2011 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4742 Next Ordinance # 1465 r� 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: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matters 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 2. NSA Construction vs. City of El Segundo, LASC Case No. BC438182 3. Sipple v. City of Alameda, LASC Case No. BC462270 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- matter. 1. Wyle Claim Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter 1. Employee Evaluation Position: City Manager 2. Employee Evaluation Position: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter 2 0 2 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -3- matters 1. Represented Group: Police Support Services Employees Association (PSSEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler 2. Represented Group: City Employees Association (CEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler 3. Unrepresented Group: Executive Management Staff (includes all employees not in bargaining units, except department heads) Negotiator: Mark Hensley, City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 0 3 3 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, OCTOBER 18, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Assistant Pastor Mike Sternad, Calvary Chapel PLEDGE OF ALLEGIANCE — Council Member Don Brann 4 Next Resolution # 4742 Next Ordinance # 1465 0 4 PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to open a public hearing and receive testimony regarding: 1) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") to add a new Chapter 15 -24A regulating dedication and improvement of public rights -of -way. Applicant: City Initiated (Fiscal Impact: NIA) Recommendation — 1) Open the public hearing; 2) Discussion, 3) Introduce, and waive first reading of Ordinance for Zone Text Amendment No. 10 -01; 4) Schedule second reading and adoption of Ordinance on November 1, 2011; 5) Alternatively, discuss and take other possible action related to this item. 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. 0 5 2. Warrant Numbers 2584382 to 2584629 on Register No. 1 in the total amount of $940,492.53 and Wire Transfers from 09/23/11 through 10/06/11 in the total amount of $415,095.79. Recommendation — Approve Warrant Demand Registers and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 3. Regular City Council Meeting Minutes of October 4, 2011 Recommendation — Approval. 4. Consideration and possible action to adopt a resolution by four -fifths vote to authorize a no -bid public works contract for the emergency repair of the broken sewer pipes and associated plumbing system at the Lakes Golf Course located at 400 S Sepulveda Boulevard (Fiscal Impact: 14,950) Recommendation — 1) Adopt a Resolution by four -fifths vote to authorize a no -bid public works contract for emergency repair; 2) Authorize the City Manager to award a contract to Raymond Gray Plumbing for the bid amount of $13,000 to repair the plumbing system at the Lakes Golf Course; 3) Approve a project budget of $14,950 which includes a 15% contingency; 4) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding an Ordinance amending Chapter 9 -3 of the El Segundo Municipal Code (ESMC) in its entirety regarding Street Trees. The changes will include (a) allowing property owners to voluntarily apply for a permit from the Recreation and Parks Department to hire approved contractors to expedite the removal or maintenance of public trees at their own convenience and expense; (b) allowing staff to remove and replace trees that are underperforming and have lost their aesthetic value and purpose (Fiscal Impact: None Recommendation — 1) Introduction and first reading by title only of an Ordinance amending ESMC Chapter 9 -3 to allow property owners to apply for a permit to hire approved contractors to expedite the removal or maintenance of public trees; 2) Approve revised Administrative Policies and Procedures for Street Trees in the Master Street Plan to include criteria allowing staff to remove and replace trees that are underperforming and have lost aesthetic value and purpose; 3) Alternatively, discuss and take other action related to these items. 6. Consideration a Consideration and possible action regarding authorization for the Police Department to replace an elliptical trainer and purchase supplemental fitness equipment and replacement flooring for the Police Department gym utilizing equipment replacement and asset forfeiture funds (Fiscal Impact: $4,950 GF; $46,853 AF Recommendation — 1) Approve the use of equipment replacement and asset forfeiture funds to purchase fitness equipment and replacement flooring for the Police Department gym; 2) Alternatively, discuss and take other action related to this item. 6 U f 7. Consideration and possible action to authorize the City Manager to execute a Takeover Agreement with First National Insurance Company of America in a form approved by the City Attorney to complete construction of the Beach Bathroom Facility and Lifeguard Station at El Segundo Beach Project PW 10-09. (Fiscal Impact: None) Recommendation — 1) Authorize the City Manager to execute a Takeover Agreement with First National Insurance Company of America, in a form approved by the City Attorney, to complete construction of Beach Bathroom Facility and Lifeguard Station at El Segundo Beach; 2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding salary and benefit concessions by the City's unrepresented group of Management/Confidential employees. (Fiscal Impact: Estimated FY 2011/2012 Savings of $264,906 Recommendation - 1) Adopt resolution amending the benefits for the City's Management Confidential employees; or 2) Alternatively discuss and take other action related to this item.] 9. Consideration and possible action regarding approval of a revised Class Specification for the position of Police Officer. (Fiscal Impact: N/A ) Recommendation — 1) Approve the proposed Class Specification for Police Officer; 2) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding Adoption of Resolutions for Employer Paid Public Employees Retirement Systems (PERS) Member Contributions for Executives, Management & Confidential, Fire Management, Police Managers' Association, and Police Officers' Association employees. (Fiscal Impact: Estimated Savings for Fiscal Year 2011-12 of $477,286) Recommendation — 1) Approve the attached resolutions; 2) alternatively discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS 7 () Council Member Fuentes — Council Member Brann — Council Member Jacobson — Mayor Pro Tern Fisher — Mayor Busch — 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: /0—/a— 1 1 TIME: 9'45f M NAME: EL SEGUNDO CITY COUNCIL AGENDA HEADING: A r_FUn e CT ATF.MENT MEETING DATE: October 18, 2011 Orders of Business — Public Hearing AGENDA DESCRIPTION: Consideration and possible action to open a public hearing and receive testimony regarding: 1) a Zone Text Amendment amending the El Segundo Municipal Code ( "ESMC ") to add a new Chapter 15 -24A regulating dedication and improvement of public rights -of -way. Applicant: City Initiated (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Open the public hearing; 2. Discussion; 3. Introduce, and waive first reading of Ordinance for Zone Text Amendment No. 10- 01; 4. Schedule second reading and adoption of Ordinance on November 1, 2011; and/or, 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Planning Commission staff report dated September 22, 2011 and attachments FISCAL IMPACT: N/A 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 of Planning and Building Safety APPROVED BY: Doug Willmore, City Manager k, BACKGROUND AND DISCUSSION: On September 22, 2011, the Planning Commission held a public hearing on the proposed Zone Text Amendment. After receiving testimony and documentary evidence, the Commission adopted Resolution No. 2703, recommending that the City Council approve Environmental Assessment No. 861 and Zone Text Amendment No. 10 -01. I. Introduction The proposed project is an ordinance adding a new Chapter 15 -24A to the El Segundo Municipal Code (ESMC) regulating dedication and improvement of public rights -of -way. Project Applications The applications include the following: 1) Environmental Assessment (EA) No 861 California Environmental Quality Act (CE OA) — A Categorical Exemption (CE) for Environmental Assessment No 861 is U 9 1 proposed for this project pursuant to the Public Resources Code and the CEQA Guidelines. 2) Zone Text Amendment (ZTA) No. 10 -0 1 — An amendment to the ESMC to add a new Chapter 15 -24A regulating dedication and improvement of public rights -of -way. II. Background In February 2010, the City of El Segundo initiated an application for Environmental Assessment No. EA -861 and Zone Text Amendment No. 10 -01, to add a new ESMC Chapter 15 -24A regulating dedication and improvement of public rights -of -way. On September 22, 2011, the Planning Commission recommended City Council approval of Environmental Assessment No. EA -861 and Zone Text Amendment No. ZTA 10 -01 to add a new Chapter 15 -24A to the ESMC regulating ommen recommended changes to the ESMC is attached this t improvement public tb rights-of- way. way. A draft ordinance including report (see Exhibit No. 1) and discussed briefly below. III. Analysis The analysis section includes a discussion of the proposed Zone Text Amendment, its consistency with the ESMC and General Plan for the proposed amendment. A. ZONE TEXT AMENDMENT: The discussion of the Zone objectives of mamendentd, and 3) the changes to existing requirements, 2) the primary to the regulations. 1. Existing Regulations. The General Plan Circulation Element establishes street classifications, street widths, standards for streets (roadway, parkway, sidewalk, curb and gutter), and dedication and improvement requirements for public rights -of -way. Street widths are established for each type of street classification (major arterial, secondary arterial, collector (4 lane divided), collector (2 or 4 lane undivided), local commercial street, local residential street). Currently, the established street classifications and minimum width requirements are as follows: Street Classifications Street Roadway Sidewalk & Parkway ROW Classification Curb M Se Ai (minimum width in feet) rjor Arterial 118 -128 6 6 142 -150 condary - terial 78 -100 5 5 98 -120 0102 Collector (4 -Lane 7 60 5 5 80 Divided) Collector (2 or 4 44 5 5 64 Lane) Local Street 40 -44 5 (Commercial) 5 60 -64 Local Street 36 4 (Residential) 8 60 Alley I 20 N/A N/A 20 The required improvements for public rights -of -way (ROW) include: • Minimum Roadway, Sidewalk, and Parkway Widths (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations)) • Street and Alley Paving (per General Plan, Title 14 Subdivision Regulations, and Public Works Policy) • Sidewalks, including wheel chair ramps /compliance with ADA minimum width (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations) • Curb and Gutter (per Circulation Element Master Plan of Streets, Title 14 and Subdivision Regulations) • Parkway, including parkway trees (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations) • Street and Alley Lighting (per General Plan, Title 14 Subdivision Regulations) • Traffic Signals and Street Signs (per General Plan Circulation Element, Title 14 Subdivision Regulations and ESMC Chapter 8 -3); and • Utilities and Utility Relocation (per General Plan, Title 14 Subdivision Regulations and ESMC Titles 11 and 12) The existing requirements for dedication and improvement of public rights -of -way (ROW) are as follows: • Currently, subdivisions and other development projects subject to discretionary planning applications are required to provide right -of -way dedications if they do not meet the Circulation Element standards (per ESMC § 14 -1 -7, 14- 2 -5(A), 14- 4 -5(A), 14 -5 -4 (E), 14 -5- 5, 15 -1 -1). • Compliance with Circulation Element standards includes either dedication or irrevocable offer to dedicate. The dedication or irrevocable offer to dedicate land requires at least meeting the minimum standards outlined in the street classification chart above. • The existing General Plan and ESMC do not provide staff discretion regarding application of dedication and improvement requirements. Currently, the ESMC provides no means of differentiating between major and minor projects to ensure that the dedication and improvement requirements are equitable and proportionate to the impacts of the project with a method of allowing relief because the requirement would not reasonably serve a public purpose. 011 91 2. Primary Objectives. The purpose of the draft ordinance is primarily to clarify when dedications and public improvements are required. Secondly, the ordinance authorizes the Director of Public Works to waive, when appropriate, the general requirement that development provide street and right -of- way dedications. 3. Proposed Regulations. The proposed ordinance will also codify existing regulations regarding what kinds of improvements must be made for public right -of -ways and when such improvements (and dedications) may be waived. Specifically, the regulations will: • Establish required improvements (when necessary) for all projects that include: right -of -way dedication, sidewalk/wheel chair ramps and parkway, curb and gutter, and parkway trees. • Establish required improvements for projects that include a new building, a building addition of more than 5,000 square feet, or projects that require an Environmental Assessment that require an Initial Study. The required improvements include: dedication, alley paving, alley lighting, roadway paving, alley lighting, roadway paving, traffic signals and street signs, street lights, and utility relocation. • Establish a waiver process to allow deviations from the requirements for dedication and improvement of public rights -of -way. • Delegate authority to the Director of Public Works, or designee, to approve waivers or modifications to the requirements for dedication and improvement of public rights -of -way. • Establish necessary findings and minimum criteria for the granting of waivers or modifications to the requirements for dedication and improvement of public rights -of -way. • Allow the flexibility to use either dedication or an irrevocable offer to dedicate land if the improvements are needed immediately or to use a combination of dedication and an irrevocable offer to dedicate land. • Require that the right -of -way dedication on an individual lot shall be that portion of private property necessary to provide one -half (1/2) of the required standard minimum width, measured from the centerline of the street. • Require that street trees that are damaged or removed be replaced with a minimum 24 -inch box size tree. • Clarify the effect on building setbacks and floor area ratios. • Ensure that the minimum roadway width necessary for emergency vehicle access is maintained. 012 4 • Ensure that the necessary roadway width for the traffic volumes projected during the General Plan buildout will be maintained. • The right -of -way dedication and improvement will still be based upon Exhibit C -8 of the General Plan Circulation Element. Proposed waivers must maintain the minimum roadway width and lane widths deemed necessary for safe two - directional vehicular passage as determined by the Director of Public Works. It establishes minimum travel lane widths (10 feet) and parking lane widths (8 feet) for waivers or modification to the requirements for dedication and improvement of public rights -of -way. It allows discretion to determine if a greater width is needed to accommodate travel demand of a given street. FINDINGS: The Planning Commission held its public hearing on the proposed ZTA on September 22, 2011. No input was received from members of the public. Comments received from other City departments have been attached to the staff report. No other written comments were received from the public before the Commission hearing. The Commission recommended approval of the proposed ordinance as drafted. V. Environmental Review Approval of the proposed draft ordinance is exempt from additional review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment, and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the proposed draft Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Ordinance were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by the proposed Ordinance. VI. Recommendation Planning staff recommends that the City Council introduce and waive first reading of the attached draft Ordinance to approve Environmental Assessment No. EA -861 and amend the ESMC to add a new Chapter 15 -24A regulating dedication and improvement of public rights -of- way. Second reading and adoption of the Ordinance would occur on November 1, 2011. P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \851- 875\EA 861 \CC 10.18.1 I\EA -861 Right -Of -Way Dedication Waiver Authority ZTA CC Report. 10.18.2011.doc 5 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE EL SEGUNDO MUNICIPAL CODE REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC RIGHTS -OF -WAYS. The City Council of the City of El Segundo does ordain as follows: SECTION 1: Findings. The findings set forth in Planning Commission Resolution No. 2703 are incorporated into this Ordinance by reference as if fully set forth. SECTION 2: A new Chapter 15 -24A entitled "Right -of -Way Dedications and Improvements," consisting of §§ 15 -24A -1 to 15- 24A -6, is added to the El Segundo Municipal Code ( "ESMC ") to read as follows: "CHAPTER 24A RIGHT -OF -WAY DEDICATIONS AND IMPROVEMENTS 15- 24A -1: Purpose. 15- 24A -2: Definitions. 15- 24A -3: Dedication. 15- 24A -4: Improvements. 15- 24A -5: Relief from requirements. 15- 24A -6: Notification. 15- 24A -1: Purpose. This Chapter is intended to implement the orderly acquisition and improvement of public rights -of -way to benefit public health, safety and welfare. Private property owners should provide and improve public rights - of -way to ensure that private property development does not adversely impact other public and private facilities and services. 15- 24A -2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, Government Code or the Public Resources Code. "Development" has the meaning set forth in Chapter 15 -1 of this Title. "Director" means the public works director or such other director 013 designated by the city manager. "Environmental Assessment" means a review of a development in accordance with Section 6 of Resolution No. 3805, adopted March 16, 1993. "Use" has the meaning set forth in Chapter 15 -1 of this Title. 15- 24A -2: Dedication. A. Dedication. Unless otherwise provided, any development requiring an environmental assessment located on a lot abutting public rights -of -way, must dedicate a portion of that lot to widen the public rights -of -way in accordance with the standards in Exhibit C -8 of the General Plan Circulation Element. Property dedications must be made before the City issues a building permit for a proposed project. The Director is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights -of -way in compliance with the standards in Exhibit C -8 of the General Plan Circulation Element and subject to § 15 -24A -4 of this Chapter. B. Width. Table 1, below is based on Exhibit C -8 of the General Plan Circulation Element and establishes the standard right -of -way widths for the various classifications for public rights -of -way. The right -of -way dedication on an individual lot is that portion of private property necessary to provide one -half (1/2) of the required standard width, measured from the centerline of the street. Table 1 Right -of -way Classification Major Arterial Secondary Arterial Collector (divided) Collector Local — commercial Local — residential Allev Minimum Width 142 -150 (varies configuration) 98 -120 (varies configuration) 80 64 based on lane based on lane 60 -64 (varies based on lane configuration) 60 20 1. Greater Widths. Greater widths may be required as by the Director of Public Works or designee conditions of 2 014 subdivision maps, site plan review, conditional use permits or standards variances. 2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the Director of Public Works or designee. C. Effect on Required Yard Areas and Building Area Ratios. All required yard areas, lot coverage and floor area ratio a calculations must be measured after the dedication or reservation. If the Director of Public Works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation. 15- 24A -3: Improvements. A. Applicability. Before the City approves a final inspection for a building permit or issues a certificate of occupancy for any development or change of use, a property owner must make all required improvements and repairs to abutting public right -of -ways. The improvements and repairs must extend along the width and depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building must also be repaired. B. Required Improvements; all development. Development or a change of use is required to provide the following right -of -way improvements that the Director determines to be required and applicable: 1. Sidewalk/Wheel Chair Ramps and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk must have a minimum clear width of five feet (5') and a parkway, or six feet (6') if the sidewalk adjoins the curb. 2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts must be replaced with a full- height curb and gutter. 3. Parkway Trees. Any missing or damaged parkway trees must be replaced with a minimum 24 -inch size box tree in accordance with Chapter 9 -3 of this Code and administrative 3 015 policies and procedures promulgated by the city manager 4. Alley Paving. Construction, replacement, repair or extension of alley paving up to standard width. The alley must be paved the length of the site. If vehicle access is taken from the alley, the Director may also require that the alley be paved to a point where the alley intersects a paved public right -of -way, and curb returns must be relocated as necessary. 5. Roadway Paving. Repair or replacement of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. C. Required Improvements; new development requiring an environmental assessment. In addition to the improvements required by this section for development, the following right -of -way improvements must be provided: 1. Alley Lighting. Construct or install on -site alley lighting. 2. Roadway Paving. Construction or extension of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. 3. Traffic Signals and Street Signs. Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development. 4. Street Lights. Install or relocate street lights. This may include widening the right -of -way as necessary. 5. Utilities Relocation. Relocate utilities as necessary to provide for the improvements set forth above. D. Standards. All improvements within public rights -of -way must be installed in conformance with the specifications on file with the City Engineer's office. 15- 24A -4: Relief from requirements. The Director may waive requirements of this Chapter if the Director determines that such improvements are unnecessary for a public purpose or that the cost of the improvement is proportionally excessive when compared to the scale of the project or the demand generated by the project subject to the findings set forth below. The determination of the 4 016 Director may be appealed to the Planning Commission in accordance with Chapter 15 -25 of this Code. A. To waive the need for improvements and dedications otherwise required by this Chapter, the Director must find upon substantial evidence that: 1. The proposed waiver maintains the minimum roadway width necessary for emergency vehicle access as determined by the Fire Chief; 2. The proposed waiver maintains the minimum roadway width and lane widths deemed necessary for safe two- directional vehicular passage. The minimum lane width cannot be less than 10 feet in width for a travel lane and 8 feet in width for a parking lane; 3. The proposed waiver will maintain the necessary roadway width for the traffic volumes projected during the General Plan buildout as determined by the Director of Planning and Building Safety unless the Director determines that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building; 4. The proposed waiver complies with any requirements of State and Federal regulations, including, without limitation, disabled access requirements for public sidewalks; 5. The proposed waiver would not be detrimental to the neighborhood or district in which the property is located; 6. That the proposed waiver is necessary in order that the applicant is not unreasonably deprived the use or enjoyment of his property; and 7. The proposed waiver is consistent with the legislative intent of this Title. B. Conditions. If the Director grants a waiver, the Director may impose such conditions necessary to safeguard public health, safety, and welfare. In all instances the Director must impose the following conditions: 1. Establish a term during which the irrevocable offer to dedicate is effective. 5 017 2. The waiver does not become effective for ten (10) days from when it is granted or, if an appeal is filed, there is a final determination. 3. The waiver becomes null and void if it is unused for one hundred eighty (180) days from its effective date. 15- 24A -5: Notification. A. Copies of the findings and decision of the Director must be mailed to the applicant and all persons within three hundred feet (300') of the proposed project site." SECTION 3: Environmental Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Resolution were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by this Resolution. 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: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. 6 018 SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this day of 2011. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day f 2011, and was duly y passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of same was so passed and adopted by the following vote: 2011, and the AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \851- 875 \EA 861 \CC 10.18.11 \EA -861 Right -Of- Way Dedication Waiver Authority Ordinance.CC. 10. 18.1 1.doc 7 019 CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: September 22, 2011 SUBJECT: Environmental Assessment No. 861 and Zone Text Amendment No. 10 -01 REQUEST: An Ordinance to Add a New Chapter 15 -24A to the El Segundo Municipal Code Regulating Dedication and Improvement of Public Rights -of -Way. APPLICANT: City of El Segundo PROPERTY OWNER: Various PROPERTY INVOLVED: Citywide I. Introduction The proposed project is an ordinance amending the El Segundo Municipal Code (ESMC) to add a new Chapter 15 -24A .regulating dedication and improvement of public rights -of -way. II. Recommendation Planning staff recommends that the Planning Commission review the facts and findings as contained within this report, provide comments, and adopt Resolution No. 2703 recommending City Council approval of the draft ordinance to add a new Chapter 24 -A to the ESMC regulating dedication and improvement of public rights - of -way. III. Background In February 2010, the City of El Segundo initiated an application for Environmental Assessment No. EA -861 and Zone Text Amendment No. 10 -01, to add a new ESMC Chapter 15 -24A regulating dedication and improvement of public rights -of- way. 0�0 IV. Analysis_ The analysis section includes a discussion of the proposed Zone Text Amendment, its consistency with the ESMC and General Plan for the proposed amendment. A. ZONE TEXT AMENDMENT: The discussion of the Zone Text Amendment is divided into: 1) an overview of the existing requirements, 2) the primary objectives of the amendment, and 3) the changes to the regulations. Existing Regulations. The General Plan Circulation Element establishes street classifications, street widths, standards for streets (roadway, parkway, sidewalk, curb and gutter), and dedication and improvement requirements for public rights -of -way. Street widths are established for each type of street classification (major arterial, secondary arterial, collector (4 lane divided), collector (2 or 4 lane undivided), local commercial street, local residential street). Currently, the established street classifications and minimum width requirements are as follows: Street Classifications Street Roadway Sidewalk & Parkway Total Classification I Curb I I ROW (minimum width in feet) Major Arterial 118 -128 6 6 142 -150 Secondary 78 -100 5 5 98 -120 Arterial Collector (4- 60 5 5 80 Lane Divided) Collector (2 or 4 44 5 5 64 Lane) Local Street 40 -44 5 5 60 -64 (Commercial) Local Street 36 4 8 60 (Residential) 120 Alley 20 N/A N/A 2 021 The required improvements for public rights -of -way (ROW) include: • Minimum Roadway, Sidewalk, and Parkway Widths (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations)) • Street and Alley Paving (per General Plan, Title 14 Subdivision Regulations, and Public Works Policy) • Sidewalks, including wheel chair ramps /compliance with ADA minimum width (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations) • Curb and Gutter (per Circulation Element Master Plan of Streets, Title 14 and Subdivision Regulations) • Parkway, including parkway trees (per General Plan Circulation Element Master Plan of Streets, Title 14 Subdivision Regulations) • Street and Alley Lighting (per General Plan, Title 14 Subdivision Regulations) • Traffic Signals and Street Signs (per General Plan Circulation Element, Title 14 Subdivision Regulations and ESMC Chapter 8 -3) • Utilities and Utility Relocation (per General Plan, Title 14 Subdivision Regulations and ESMC Titles 11 and 12) The existing requirements for dedication and improvement of public rights -of -way (ROW) are as follows: • Currently, subdivisions and other development projects subject to discretionary planning applications are required to provide right -of -way dedications if they do not meet the Circulation Element standards (per ESMC § 14-1-7,14-2-5(A), 14- 4-5(A), 14 -5 -4 (E), 14 -5 -5, 15 -1 -1). • The option to comply with Circulation Element standards includes dedication or irrevocable offer to dedicate. The dedication or irrevocable offer to dedicate land requires at least meeting the minimum standards outlined in the street classification chart above. • The General Plan and Municipal Code requirements as currently adopted do not allow staff discretion regarding application of dedication and improvement requirements. 2. Primary Objectives. The purpose of the draft ordinance is primarily to authorize the Director of Public Works to waive, when appropriate, the general requirement that development provide street and right -of -way dedications. In addition, the ordinance identifies those conditions that are needed to adhere to the ESMC and General Plan requirements regarding circulation. 3 022 3. Proposed Regulations. The proposed regulations will establish a new ESMC Chapter 15 -24A regulating dedication and improvement of public rights -of -ways that will provide clearly defined requirements while maintaining flexibility to accommodate special needs and to address instances where either physical impediments affect the feasibility of right - of -way dedication and improvement or where traffic demand does not warrant the need for dedication and improvement within the foreseeable future. Specifically, the regulations will: • Establish required improvements for all projects that include: sidewalk/wheel chair ramps and parkway, curb and gutter, and parkway trees. • Establish required improvements for projects requiring an environmental assessment that include: alley paving, alley lighting, roadway paving, alley lighting, roadway paving, traffic signals and street signs, street lights, and utility relocation. �edication Establish a waiver process to allow deviations from the requirements for and improvement of public rights -of -way. • Delegate authority to the Director of Public Works, or designee, to approve waivers or modifications to the requirements for dedication and improvement of public rights -of -way. • Establish necessary findings and minimum criteria for the granting of waivers or modifications to the requirements for dedication and improvement of public rights - of -way. • Allow the flexibility to use either dedication or an irrevocable offer to dedicate land if the improvements are needed immediately or to use a combination of dedication and an irrevocable offer to dedicate land. • Require that the right -of -way dedication on an individual lot shall be that portion of private property necessary to provide one -half (1/2) of the required standard minimum width, measured from the centerline of the street. • Require that street trees that are damaged or removed be replaced with a minimum 24 -inch box size tree. • Clarify the effect on building setbacks and floor area ratios. • Ensure that the minimum roadway width necessary for emergency vehicle access is maintained. E 023 - Ensure that the necessary roadway width for the traffic volumes projected during the General Plan buildout will be maintained unless it is determined that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building. The right -of -way dedication and improvement will still be based upon Exhibit C -8 of the General Plan Circulation Element. Proposed waivers must maintain the minimum roadway width and lane widths deemed necessary for safe two- directional vehicular passage as determined by the Director of Public Works. It establishes minimum travel lane widths (10 feet) and parking lane widths (8 feet) for waivers or modification to the requirements for dedication and improvement of public rights -of- way. It allows discretion to determine if a greater width is needed to accommodate travel demand of a given street. FINDINGS: Consistency with the Ell Segundo Municipal Code In accordance with the ESMC, the Planning Commission must find that the proposed zone text amendments are needed to fulfill the purpose of ESMC Title 15. As shown in the draft resolution, Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. V. Environmental Review Approval of the proposed draft ordinance is exempt from additional review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the proposed draft Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Resolution were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by the proposed Ordinance. VI. Conclusion Planning staff recommends that the Planning Commission review the facts and 5 024 findings as contained within this report and adopt Resolution No. 2703 recommending City Council approval to add a new Chapter 15 -24A to the El Segundo Municipal Code regulating dedication and improvement of public rights -of- way . VII. Exhibits A. Draft Resolution No. 2703 B. Draft Ordinance Prepared y: imberly Christensen, AICP, Planning Manager Kimberly Chrensen, AICP, Planning Manager Department o tanning & Building Safety Greg Car, nter, Ditector Planning adlatl Building Safety Department PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Plan ning) \851 - 875 \EA - 861 \EA -861 ROW Ordinance PC staff report 09222011.doc N 025 RESOLUTION NO. 2703 A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE El SEGUNDO MUNICIPAL CODE ( "ESMC ") REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC RIGHTS -OF -WAY. (EA NO. 861 AND ZTA NO. 10 -01) The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1: The Planning Commission finds and declares that: A. On February 8, 2010, the City of El Segundo initiated an application for Environmental Assessment No. EA -861 and Zone Text Amendment No. 10 -01 to add a new Chapter 15 -24A to the ESMC regulating dedication and improvement of public rights -of -way; B. The application was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the 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. On September 14, 2010, staff conducted a meeting with the Planning and Building Safety Advisory Group to review and discuss dedication and improvement of public rights -of -way and to consider information provided by City staff; E. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for September 8, 2011; F. On September 8, 2011, the Planning Commission continued the public hearing to September 22, 2011; G. On September 22, 2011, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony; and 0 2G -1- H. This Resolution and its findings are made based upon the evidence presented to the Commission at its September 22, 2011, hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings And Conclusions. The Commission finds that the proposed ordinance adds a new ESMC Chapter 15 -24A regulating dedication and improvement of public rights -of -way includes, without limitation, the following: A. It affects all zones in the City of El Segundo. B. It establishes required improvements for all projects that include: sidewalk/wheel chair ramps and parkway, curb and gutter, and parkway trees. C. It establishes required improvements for projects requiring an environmental assessment that include: alley paving, alley lighting, roadway paving, alley lighting, roadway paving, traffic signals and street signs, street lights, and utility relocation. D. It establishes a waiver process to allow deviations from the requirements for dedication and improvement of public rights -of -way. E. It delegates authority to the Director of Public Works, or designee, to approve waivers or modifications to the requirements for dedication and improvement of public rights -of -way, including but not limited to, right -of- way width dedication, roadway width, sidewalk, parkway, curb and gutter, wheel chair ramps, parkway trees, alley paving, alley lighting roadway paving, traffic signals, street signs, street lights, and utility relocation. F. It establishes necessary findings for the granting of waivers or modifications to the requirements for dedication and improvement of public rights -of -way. G. It established minimum travel lane widths and parking lane widths for waivers or modification to the requirements for dedication and improvement of public rights -of -way. H. It does not increase the permitted density of development in the City. SECTION 3: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by the proposed Ordinance are consistent with the City's general plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the ordinance is consistent with Goal LU7, Objective LU7 -1, Policy LU7 -1.2, Policy LU 7 -2.3, and Objective LU7 -3, in that it provides -2- 02~ the highest quality public facilities, services, and public infrastructure possible to the community; provides the highest and most efficient level of public services and public infrastructure financially possible; all new development shall place utilities underground; and that no new development shall be allowed unless adequate public facilities are in place or provided for; and provides adequate maintenance for all public infrastructure facilities within the City. B. It conforms with the Circulation Element Goals, Objectives and Policies. Specifically, it helps implement Goal Cl; Objective C1 -1; and Policies C1- 1.2 to C1 -1.3; C1 -1.5 to C1 -1.7; C1 -1.9; C1 -1.11; C1 -1.15; Objective C2 -1; Policy C2 -1.4; Policy 2 -1.7; Objective C2 -2; Policy C2 -2.6; Policy C3 -1.2; Policy C3 -1.3; Policy C3 -1.9; and Policy C4 -2.1. C. It conforms with the Public Safety Element Goals, Objectives and Policies. Specifically, it is consistent with Goal PS7 -1, Objective PS 7 -1, Policy PS 7 -1.3, and Policy PS7 -1.4. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and based on the findings set forth in Section 2, the proposed Zone Text Amendment is consistent with the goals, policies, and objectives of the General Plan as follows: A. It is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. It is necessary to facilitate the development process and ensure the orderly development of properties with adequate in number, and well - designed parking and loading facilities. SECTION 5: Environmental Assessment. Approval of the proposed draft ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQX) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the proposed draft Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Resolution were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by this Resolution. -3- 028 SECTION 6: Recommendations. The Planning Commission recommends that the City Council adopt the ordinance set forth in attached Exhibit "A," which is incorporated by reference. SECTION 7: Reliance On Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the city's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 9: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 10: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy. 029 M SECTION 11: This Resolution may be appealed within ten (10) calendar days after its adoption. All appeals must be in writing and filed with the City Clerk within this time period. Failure to file a timely written appeal will constitute a waiver of any right of appeal. PASSED AND ADOPTED this 22nd day of September, 2011. ATTEST: Greg Carpenter, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 David Wagner, Chairperson City of El Segundo Planning Commission Karl H. Berger, Assistant City Attorney Wagner Fellhauer Baldino Barbee Newman PAPlanning and Building Safety \0 Planning - Old \PROJECTS (Planning) \851 - 875 \EA - 861 \Planning Commission 09222011 \EA -861 PC Reso.09.22.11 -5- 030 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE EL SEGUNDO MUNICIPAL CODE REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC RIGHTS -OF -WAY. The City Council of the City of El Segundo does ordain as follows: SECTION 1: A new Chapter 15 -24A entitled "Right -of -Way Dedications and Improvements," consisting of §§ 15 -24A -1 to 15- 24A -5, is added to the El Segundo Municipal Code ( "ESMC ") to read as follows: "RIGHT -OF -WAY DEDICATIONS AND IMPROVEMENTS 15- 24A -1: PURPOSE. 15- 24A -2: DEDICATION. 15- 24A -3: IMPROVEMENTS. 15- 24A -4: RELIEF FROM REQUIREMENTS. 15- 24A -5: NOTIFICATION. 15- 24A -1: Purpose. This Chapter is intended to implement the orderly acquisition and improvement of public rights -of -way to benefit public health, safety and welfare. Private property owners should provide and improve public rights -of -way to ensure that private property development does not adversely impact other public and private facilities and services. 15- 24A -2: Dedication. A. Dedication. Unless otherwise provided, any development located on a lot abutting public rights -of -way, must dedicate a portion of that lot to widen the public rights -of -way in accordance with the standards in Exhibit C -8 of the General Plan Circulation Element. Property dedications must be made before the City issues a building permit for a proposed project. The Director of Public Works is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights -of -way in compliance with the standards in Exhibit C -8 of the General Plan Circulation Element and subject to § 15 -24A -4 of this Chapter. B. Width. Table 1, below is based on Exhibit C -8 of the General Plan Circulation Element and establishes the standard right -of -way 031 widths for the various classifications for public rights -of -way. The right -of -way dedication on an individual lot is that portion of private property necessary to provide one -half (1/2) of the required standard width, measured from the centerline of the street. Table 1 Right-of-way Classification Minimum Width feet Major Arterial 142 -150 (varies based on lane configuration) Secondary Arterial 98 -120 (varies based on lane configuration) Collector (divided) 80 Collector 64 Local — commercial 60 -64 (varies based on lane configuration) Local — residential 60 Alley 20 1. Greater Widths. Greater widths may be required as by the Director of Public Works or designee conditions of subdivision maps, site plan review, conditional use permits or standards variances. 2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the Director of Public Works or designee. C. Effect on Required Yard Areas and Building Area Ratios. All required yard areas, lot coverage and floor area ratio a calculations must be measured after the dedication or reservation. If the Director of Public Works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation. 15- 24A -3: Improvements. A. Applicability. Before the City issues certificates of occupancy for any new development, a property owner must make all required improvements and repairs to abutting public rights -of -way. The improvements and repairs must extend along the width and depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing 032 2 improvements that are damaged and that may have been damaged during construction of the building must also be repaired. B. Required Improvements; All Projects. As determined by the Director of Public Works, all projects are required to provide the following right -of -way improvements that the Director of Public Works determines to be required and applicable: Sidewalk/Wheel Chair Ramps and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk must have a minimum clear width of five feet (5') with a parkway, or six feet (6') if the sidewalk adjoins the curb. 2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts must be replaced with a full- height curb and gutter. 3. Parkway Trees. Any missing or damaged parkway trees must be replaced with a minimum 24 -inch size box tree in accordance with Chapter 9 -3 of this Code and administrative policies and procedures promulgated by the city manager. C. Required Improvements; Projects requiring an Environmental Assessment. As determined by the Director of Public Works, and in addition to the improvements required by subsection B, the following right -of -way improvements must be provided: 1. Alley Paving. Construction, replacement, repair or extension of alley paving up to standard width. The alley must be paved the length of the site. If vehicle access is taken from the alley, the Director of Public Works may also require that the alley be paved to a point where the alley intersects a paved public right -of -way, and curb returns must be relocated as necessary. 2. Alley Lighting. Construct or install on -site alley lighting. 3. Roadway Paving. Construction, replacement, repair or extension of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. 4. Traffic Signals and Street Signs. Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development. 033 3 5. Street Lights. Install or relocate street lights. This may include widening the right -of -way as necessary. 6. Utilities Relocation. Relocate utilities as necessary to provide for the improvements set forth above. D. Standards. All improvements within public rights -of -way must be installed in conformance with the specifications on file with the City Engineer's office. 15- 24A -4: Relief from requirements. The Director of Public Works may waive requirements of this Chapter if the Director of Public Works determines that such improvements are unnecessary for a public purpose or that the cost of the improvement is proportionally excessive when compared to the scale of the project or the demand generated by the project subject to the findings set forth below. The determination of the Director of Public Works may be appealed to the Planning Commission in accordance with Chapter 15 -25 of this Code. A. To waive the need for improvements and dedications otherwise required by this Chapter, the Director of Public Works must find upo substantial evidence that: 1. The proposed waiver maintains the minimum roadway width necessary for emergency vehicle access as determined by the Fire Chief; 2. The proposed waiver maintains the minimum roadway width and lane widths deemed necessary for safe two - directional vehicular passage. The minimum lane width cannot be less than 10 feet in width for a travel lane and 8 feet in width for a parking lane; 3. The proposed waiver will maintain the necessary roadway width for the traffic volumes projected during the General Plan buildout as determined by the Director of Planning and Building Safety unless the Director of . Public Works determines that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building; 4. The proposed waiver complies with any requirements of State and Federal regulations, including, without limitation, disabled access requirements for public sidewalks; 4 0.34 5. The proposed waiver would not be detrimental to the neighborhood or district in which the property is located; 6. That the proposed waiver is necessary in order that the applicant is not unreasonably deprived the use or enjoyment of his property; and 7. The proposed waiver is consistent with the legislative intent of this Title. B. Conditions. If the Director of Public Works grants a waiver, the Director of Public Works may impose such conditions necessary to safeguard public health, safety, and welfare. In all instances the Director of Public Works must impose the following conditions: Establish a term during which the irrevocable offer to dedicate is effective. 2. The waiver does not become effective for ten (10) days from when it is granted or, if an appeal is filed, there is a final determination. 3. The waiver becomes null and void if it is unused for one hundred eighty (180) days from its effective date. 15- 24A -5: Notification. A. Copies of the findings and decision of the Director of Public Works must be mailed to the applicant and all persons within three hundred feet (300') of the proposed project site. SECTION 2: Environmental Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Resolution were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 035 6 15305). The City will conduct environmental review of each individual project affected by this Resolution. SECTION 3: 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 4: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. 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. 6 0 3t SECTION 6: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this day of , 2011. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2011, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney In Karl H. Berger, Assistant City Attorney 031 I § ; j \ K [o ol )j \� o/ ■ 2 \ Cc \17, ® ( w w \ o \:) a j ) ()))`& _z z m� = =: - §2:tK «; /) »}/)2 \ / %[ § §) } 2( \) \ }\))) /\ /3 /`$ ®\ }\) };r; \ : /22mz Dmw[- ra3=wg awes y _ ®$)/ } \`/!2» wKl:z)v \\i % ®°(0\ \ \ § \§ \) § / /9; \ \)( } /( \) % /0,m /S ) /(@@:EEa?1e§ ±a : &f ;l ;4:e\!>bd0 \ ))\� ) //{ / }co M\ LU () Q \ /# uj § Lu 3 § § tu 0 @ ) lu I- 0 2 � v � O v CO0 � cc ) Q -- \ k \ }/w /§ &!E { \ \E \\ \\ r E E om \ \� \ \ \\ e () { {_ / !\!({ ) \� \- �` ®\§ \ f■ \\ \ \> a �U) E \ /2 +ew)0 \ � _ £ \�E2 !!2 §f cr § § \ CO0 � CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 9/23/11 THROUGH 10/06/11 Date 9/23/2011 9/29/2011 9/29/2011 9/29/2011 9/29/2011 9/29/2011 9/29/2011 9/30/2011 9/30/2011 10/5/2011 10/5/2011 10/6/2011 9/23- 10/6/11 Payee Amount Unum UB Manufacturers & Traders Manufacturers & Traders IRS Employment Development Employment Development State of CA EFT Nationwide EFT Lane Donovan Golf Ptr Health Comp Cal Pers Workers Comp Activity DATE OF RATIFICATION: 10/18/11 TOTAL PAYMENTS BY WIRE: 319.20 7,034.34 21,375.32 192.31 217,925.98 49, 939.77 3,967.65 1,047.21 56,515.89 21,410.62 2,004.32 15,611.92 17,751.26 415,095.79 Certified as to the accuracy of the wire transfers by: Deputy Pity Tr surer Date %vW eoltwl mo - /J /a /// Director of Finance Date City Vanager O 1( Date Description LTD PARS payment 457 payment Vantagepoint IRA payment Vantagepoint Federal Taxes State Taxes State Taxes EFT Child support payment EFT 457 payment Payroll Transfer Weekly claims EFT Retirement Misc SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 415,095.79 039 P: \City Treasurer \Wire Transfers\201 1 \Wire 2011 4th Qtr \Wire Transfers 10- 06.xls REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 4, 2011 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Fisher at 5:00 p.m. ROLL CALL Mayor Busch - Present — arrived at 5:00 p.m. Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - 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: CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matters City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 NSA Construction vs. City of El Segundo, LASC Case No. BC438182 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): - 2 - matter. Wyle Claim David and Carie Oulashian, 910 Eucalyptus Drive Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING 3 OCTOBER 4, 2011 PAGE NO. 1 0 0 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matter Employee Evaluation Position: City Manager Employee Evaluation Position: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters Represented Group: Police Support Services Employees Association (PSSEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: City Employees Association (CEA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Firefighters Association (FFA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Police Officers Association (POA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Represented Group: Police Managers Association (PMA) Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director Richard Kreisler Unrepresented Group: Executive Management Staff (includes all employees not in bargaining units) Negotiator: Mark Hensley, City Attorney CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 2 04.1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 4, 2011 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch INVOCATION — Pastor John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes PRESENTATIONS (a) Mayor Busch presented a Proclamation to Heidi Marker proclaiming October 12th as El Segundo Herald Day in El Segundo to recognize the El Segundo Herald for 100 years of service ROLL CALL Mayor Busch Mayor Pro Tern Fisher Council Member Brann Council Member Fuentes Council Member Jacobson - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Ron Swanson, Performing Arts Foundation. Resident; spoke on the dedication ceremony for the refurbished Theater and the success of the fundraising event for the ED James Carver, President of El Segundo Supervisory and Professional Employees' Association; expressed the opposition of the Union to eliminating the Emergency Services Coordinator position from the budget. Mike Robbins, Resident; spoke regarding the employee contracts. He urged the Council not to approve any new employee contracts at this evenings meeting. Nicole Grossman, Resident; spoke regarding the ingress and egress from the Metro parking lot on El Segundo Blvd. Marc Rener, Resident; spoke regarding the employee contracts with the Police Officers, and Firefighters, and his concerns. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 �1 !� PAGE NO. 3 2 Wade Stevens, Resident; requested that the City take action on speeding within the City. He presented a letter and signatures. 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) 1. Consideration and possible action to open a public hearing and receive testimony regarding: 1) an Environmental Assessment; and 2) the South Bay Bicycle Master Plan. Applicant: City Initiated (Fiscal Impact: N /A) Greg Carpenter, Planning and Building Safety Director, introduced Marissa Christiansen of the Bicycle Coalition who gave a report. Mayor Busch stated that this was the time and place to conduct a public hearing a public hearing and receive testimony regarding: 1) an Environmental Assessment; and 2) the South Bay Bicycle Master Plan. Clerk Mortesen stated that proper notice had been given in a timely manner and that 29 communications, one of which included a signed petition, had been received in the City Clerk's Office. Marc Rener, Resident; spoke about bicycle riding and activists and taking major arteries and building bike lanes. He felt that bicycle safety was more important, and the bicyclists do not "share" the road. Gary Parsons supported the bicycle plan. Mike Robbins, Resident; questioned if the Mayor would have a conflict of interest regarding voting on the Bicycle Plan due to his ownership in a bicycle shop. He also spoke about the plan. Claude Gordon spoke in favor of the Bicycle Plan. Joe Gallani spoke in favor of the Bicycle Plan. Dean Francois; Friends of the South Bay Bicycle Path. He supported the Plan. He also stated that the two way bicycle path in one lane is not supported by the South Bay Bicycle Plan. Todd DePalo, supported the Bicycle Plan. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 4 043 Jullian Katz, supported the Bicycle Plan. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley stated that it was too remote to declare that Mayor Busch would have a conflict of interest regarding the business here in town. RESOLUTION NO. 4735 A RESOLUTION APPROVING ENVIRONMENT ASSESSMENT NO. 938 AND THE SOUTH BAY BICYCLE MASTER PLAN. MOTION by Mayor Busch, SECONDED by Council Member Brann to adopt Resolution No. 4735 approving Environmental Assessment No. 938 and the South Bay Bicycle Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, BRANN, FUENTES; NOES: JACOBSON 4/1 2. Consideration and possible action to conduct a public hearing and adopt a Resolution approving the 2010 Urban Water Management Plan (UWMP) for the City of El Segundo municipal water system. (Fiscal Impact: None) Mayor Busch stated that this was the time and place to conduct a public hearing to adopt a Resolution approving the 2010 Urban Water Management Plan (UWMP) for the City of El Segundo municipal water system. Clerk Mortesen stated that proper notice had been given in a timely manner and that no communication had been received in the City Clerk's Office. Stephanie Katsouleas, Public Works Director, gave a report. MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Brann to close the Public Hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 RESOLUTION NO. 4736 A RESOLUTION APPROVING THE 2010 URBAN WATER MANAGEMENT PLAN (UWMP) FOR THE CITY OF EL SEGUNDO MUNICIPAL WATER SYSTEM. MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to adopt Resolution No. 4736 approving the 2010 Urban Water Management Plan (UWMP) for the City of El Segundo Municipal Water System. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 5 44 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 2584173 to 2584381 on Register No. 24 in the total amount of $701,236.90 and Wire Transfers from 09/09/11 through 09/22/11 in the total amount of $1,878,618.84. 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 September 20, 2011 and Special City Council Meeting Minutes of September 28, 2011. 5. Second reading by title only and adoption of Ordinance No. 1464 amending the El Segundo Municipal Code § 1 -6 -4 Regarding Employment Exclusions from Civil Service to include the Economic Development Analyst. 6. Approved Funding Agreement No. 4190 ( "FA ") between the City of El Segundo and the Los Angeles County Metropolitan Transportation Authority (LACMTA) setting the terms for the receipt of Measure R grant funds in the amount of $2,500,000 for the design and construction of Maple Avenue Arterial Improvements Project between Sepulveda Boulevard and Parkview Avenue. Metro Project ID No. MR312.22 and FTIP # LAOG727. (Fiscal Impact: Measure R Grant Revenue of $2,500,000) Authorized the City Manager to execute the FA in a form approved by the City Attorney. 7. Adopted Resolution No. 4737 to abandon an existing water easement at 616 and 620 West Imperial Avenue. (Fiscal Impact: None) 8. Received and filed this report without objecting to approval of an Administrative Use Permit to allow the on -site sale and consumption of alcohol (Type 47 — On Sale General for Bona Fide Public Eating Place and Type 58 — Caterer's Permit) at an existing restaurant within an existing 20 -story office tower (Pacific Corporate Towers) located at 222 North Sepulveda Boulevard. Applicant: Hillary Condren. (Fiscal Impact: N /A) 9. Received and filed this report without objecting to a request filed with the Department of Alcohol Beverage Control for a modification of an existing Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol to convert from a Type 41 ABC License (On -Sale Beer and Wine) to a Type 47 ABC License (On -Sale Beer, Wine, and Distilled Spirits) and to expand the hours of operation at an existing restaurant located at 223 Richmond Street (Second City Bistro). Applicant: Scott Reed (Fiscal Impact: N /A) MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 6 045 10. Approved request from El Segundo Lacrosse to reduce field fees to $50 per hour while hosting a Lacrosse Spring Break Program for teams across the country from February 12, 2012, through April 21, 2012. (Fiscal Impact: $22,500 Revenue; $45,000 Uncollected Revenue) 11. Granted California Construction & Development's (CCD) request to withdraw its bids in accordance with Public Contract Code Section 58101 and (2) awarded Contract No. 4191 in the amount of $190,500.00 to Best Contracting Services, Inc. for Miscellaneous Roof Repairs at George E. Gordon Club House, the City Library and the Urho Saari Swim Stadium. (Fiscal Impact: $200,000.00) 12. PULLED FOR DISCUSSION BY MAYOR BUSCH 13. PULLED FOR DISCUSSION BY MAYOR BUSCH 14. PULLED FOR DISCUSSION BY MAYOR BUSCH 15. PULLED FROM CONSIDERATION BY CITY ATTORNEY MARK HENSLEY 16. PULLED FOR DISCUSSION BY MAYOR BUSCH MOTION by Council Member Brann, SECONDED by Mayor Pro Tern Fisher to approve Consent Agenda Items 3, 4, 5, 6, 7, 8, 9, 10, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 12. Consideration and possible action regarding approval of a Memorandum of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo Firefighters' Association. (Fiscal Impact: Estimated Savings FY 2011/2012 of $ 997,430) MOTION by Mayor Busch, SECONDED by Mayor Pro Tem Fisher to Adopt Resolution No. 4738 approving the Memorandum of Understanding (Labor Agreement No. 4192) between the City of El Segundo and the El Segundo Firefighters' Association. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, JACOBSON. NOES: FUENTES, BRANN. 3/2 13. Consideration and possible action regarding approval of a Memorandum of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo Police Managers' Association. (Fiscal Impact: Estimated Savings FY 2011/2012 of $ 205,490.24) 14. Consideration and possible action regarding approval of a Memorandum of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo Police Officers' Association. (Fiscal Impact: Estimated Savings FY 2011/2012 of $1,059,921.37) MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 7 G46 16. Consideration and possible action regarding salary and benefit concessions by the City's unrepresented group of Executive employees as follows: non - safety Department Heads pay seven percent (7 %) of the PERS Member Contribution and b. Public Safety Department Heads pay nine percent (9 %) of the PERS Member Contribution. (Fiscal Impact: Estimated Savings FY 2011/2012 of $133,398) MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to: a) Adopt Resolution No. 4739 approving the Memorandum of Understanding (Labor Agreement No. 4193) between the City of El Segundo and the El Segundo Police Managers' Association; b) Adopt Resolution No. 4740 approving the Memorandum of Understanding (Labor Agreement 4194) between the City of El Segundo and the El Segundo Police Officers' Association; c) Adopt Resolution No. 4741 approving amending salary and benefit concessions by the City's unrepresented group of Executive employees as follows: non - safety Department Heads pay seven percent (7 %) of the PERS Member Contribution and b. Public Safety Department Heads pay nine percent (9 %) of the PERS Member Contribution. MOTION PASSED BY FOLLOWING VOICE VOTE. AYES: BUSCH, FISHER, JACOBSON; NOES: FUENTES, BRANN. 3/2 F. NEW BUSINESS REPORTS — CITY MANAGER Thanked all the bargaining units for their cooperation and professional manner in which they entered the negotiations; Thanked the Department Heads for the leadership they have shown, and the high quality of work and commitment to their jobs and the City. Looking forward to working with the employees to see what is next. REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None REPORTS — CITY TREASURER - None REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Congratulations to Don Brann on being honored by El Camino College as Alumni of the Year; the Celebration for the opening of the Performing Arts Theatre; and the Chamber of Commerce presentation honoring the military. Council Member Brann — Commented on the Salute to the Military event; Spoke on the California League of Cites Conference; and Los Angeles Economic Development Corporation. He stated that he will be taking his full Council salary for the next fiscal year. Council Member Jacobson — Commented on the Salute to the Military event; and opening for the Performing Arts Theatre. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 8 047 Mayor Pro Tern Fisher — Commented on the Salute to the Military event and the auditorium opening event. Mayor Busch — 17. Consideration and possible . action to direct staff to prepare a zone text amendment to allow mechanical equipment and other accessory structures to encroach into interior (side and rear) yards in commercial and industrial zone districts. (Fiscal Impact: none) Consensus to direct staff to prepare a draft zone text amendment amending El Segundo Municipal Code (ESMC) §15 -2 -7 to allow mechanical equipment and other accessory structures to encroach into interior (side and rear) yards in commercial and industrial zone districts. Commented on the salute to the Military and the School Celebration PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Marc Rener, Resident; spoke regarding the Employee contracts. Jack Axlerod, Resident; stated he was against the Invocation at the beginning of the Council meeting and the Pledge of Allegiance. He also requested Council educate and enlighten him. He requested the front window outside the Chamber be cleaned and the Wall of Honor to be moved. He also would like the Civic Center Plaza redesigned and updated. Mike Robbins, Resident; expressed his displeasure at the employee contracts being voted on tonight and the public not having time to review them. MEMORIALS — None CLOSED SESSION — None ADJOURNMENT at 9:35 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 4, 2011 PAGE NO. 9 • EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution by a four - fifths vote to authorize a no -bid public works contract for the emergency repair of the broken sewer pipes and associated plumbing system at the Lakes Golf Course located at 400 S. Sepulveda Boulevard. (Fiscal Impact: 14,950) RECOMMENDED COUNCIL ACTION: 1. Adopt a Resolution by four - fifths vote to authorize a no -bid public works contract for emergency repair. 2. Authorize the City Manager to award a contract to Brian Sheilds Plumbing for the bid amount of $13,000 to repair the plumbing system at the Lakes Golf Course. 3. Approve a project budget of $14,950 including a 15% contingency. 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: $14,950 Amount Requested: $14,950.00 Additional Appropriation: No Account Number(s): 503- 400 -5302 -6215 ORIGINATED BY: Maryam M. Jonas, Principal Engineer 1'11 �- REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Doug Willmore, Acting City Manager U ' BACKGROUND AND DISCUSSION: On September 21, 2011, the Public Works Department was notified about broken sewer pipes at the Lakes Golf Course that result in closure of the public bathrooms and the shut down of the restaurant. Using emergency procedure, Brian Sheilds Plumbing was hired by the Golf Course staff to remove concrete slab, repair the broken pipes and install a new 2 -way clean out in the area of the grease interceptor. The golf course food and beverage repair and maintenance fund is used to finance the emergency repairs at the Lakes Golf Course. Sl () 4 9 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS CODE § 20168 FINDING THAT AN EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO § 22050. The City Council does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may, upon a four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. B. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. C. The sewer main at the public bathrooms were plugged numerous time since August 15, 2011. A breakage in the pluming system was discovered on September 20, 2011 that resulted in closure of the public bathrooms and the restaurant at the Lakes Golf Course. On. September 21, 2011, City Manager declared an administrative state of emergency and authorized staff to repair the broken pipelines using emergency procedures. The repairs are to be completed by October 20, 2011. D. In compliance with applicable law, and to protect public, health, safety and welfare, the City took immediate emergency action to repair the broken water pipeline and street pavement in accordance with Santa Paula Municipal Code ( "SPMC ")§ 40.04. E. The broken water pipeline and consequent flooding constituted a sudden, unexpected occurrence that posed a clear and imminent danger to the City property, its citizens, and employees. This threat required immediate action to prevent or mitigate the loss or impairment of essential public services. F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services. SECTION 2: In light of the emergency described above, the City Council directs the City Manager, or designee, to take all steps necessary to protect public health, safety Resolution No. Page 1 of 2 0 5 and welfare including, without limitation, awarding contracts in accordance with PCC § 22050. SECTION 3: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this 18th day of October, 2011. Eric Busch, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Karl H. Berger, Assistant City Attorney 2 05-11 EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an Ordinance amending Chapter 9 -3 of the El Segundo Municipal Code (ESMC) in its entirety regarding Street Trees. The changes will include (a) allowing property owners to voluntarily apply for a permit from the Recreation and Parks Department to hire approved contractors to expedite the removal or maintenance of public trees at their own convenience and expense; (b) allowing staff to remove and replace trees that are underperforming and have lost their aesthetic value and purpose. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Introduction and first reading by title only of Ordinance amending ESMC Chapter 9 -3 to allow property owners to apply for a permit and hire approved contractors to expedite the removal or maintenance of public trees; 2. Approve revised Administrative Policies and Procedures for Street Trees in the Master Street Plan to include a criteria allowing staff to remove and replace trees that are underperforming and have lost aesthetic value and purpose; or 3. Alternatively, discuss and take other action related to these items. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance amending Chapter 9 -3 Street Trees; 2. Revised Administrative Policies and Procedures for Street Trees in the Master Street Plan; 3. Draft Ordinance and revised Administrative Policies and Procedures for Street Trees (Redlined version); 4. Notice of Exemption; and 5. Letter of support from Gail Church, Executive Director of Tree Musketeers. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Mark Trujillo, Parks Superintendent -Vl�u r�-- REVIEWED BY: Bob Cummings, Director of Recreation and Parks` APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: The Parks Division has the responsibility of maintaining the City's urban forest of almost six S 05 2 performed. Staff surveyed surrounding cities to review their current policies and municipal codes on tree removal and maintenance requests. To expedite waiting periods, the City of Manhattan Beach, Redondo Beach, Hermosa Beach, Torrance, Gardena, Culver City, and Rancho Palos Verdes allow property owners to obtain a permit to remove or maintain trees. Staff recommends adopting a similar policy as surrounding cities, which will require amendments to the current ESMC Chapter 9 -3 Street Trees. The permit will be offered as an option for property owners who are seeking to expedite their tree removal and maintenance requests. The amendments will add a new Section 9 -3 -60 to include the following: • Property owners may voluntarily apply for a permit to expedite the removal or maintenance of public trees; • Property owners must pay for all costs associated with the expedited removal or maintenance of the tree; • Tree removal or maintenance will occur under the direction of a certified arborist and completed by a licensed contractor; and • Property owners must provide a refundable deposit of $250. Also, staff recommends adding tree removal criteria in the Administrative Policies and Procedures for Street Trees Section IX Removal. The new criteria will include the following: • After attempts to improve the condition of the tree have failed, staff may remove or maintain underperforming trees that have lost their aesthetic value and purpose generally displayed by trees of the same age, size, and species; and • Any removal requires a replacement tree be planted. For California Environmental Quality Act (CEQA) requirements, the new policy will not anticipate to have any significant impacts with traffic, noise, air quality, or water quality. A Notice of Exemption will be filed by Planning and Building Safety Department to County of Los Angeles as Categorical Exemption Class 1,4,8 and 23, Sections 15301,15304,15308, and 15323. Staff recommendations were unanimously approved by Recreation & Parks Commission on September 21, 2011. 053 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 -3 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY REGARDING STREET TREES. The city council of the city of El Segundo does ordain as follows: SECTION 1: Chapter 9 -3 of the El Segundo Municipal Code (`SSMC "), entitled "Parkway Rules and Regulations," is amended in its entirety as follows: "CHAPTER 9 -3 -- STREET TREES 9 -3 -10: PURPOSE. 9 -3 -20: DEFINITIONS. 9 -3 -30: DIRECTOR'S AUTHORITY. 9 -3 -40: DIRECTOR'S DUTIES. 9 -3 -50: TREE REMOVAL OR MAINTENANCE BY DIRECTOR. 9 -3 -60: TREE REMOVAL OR MAINTENANCE BY PRIVATE PERSONS. 9 -3 -70: PROHIBITIONS. 9 -3 -80: COST RECOVERY. 9 -3 -90: PRIVATE TREES. 9 -3 -100: TREE REPLACEMENT. 9 -3 -110: PERMIT CONDITIONS. 9 -3 -120: HOUSE MOVING PERMIT. 9 -3 -130: IMPROVEMENT APPROVAL. 9 -3 -140: PAYMENTS AND CHARGES. 9 -3 -150: APPEALS. 9 -3 -160: TREE TRUST FUND. 9- 3- 10:PURPOSE. This chapter is adopted pursuant to Article XI, § 7 of the California Constitution for the purpose of enhancing public health, safety, and welfare by regulating the planting and removal of trees, and other vegetation, located within the city's streets and public right -of -ways. 9-3-20: DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Director" means the city manager, or designee. B. "Trees" collectively means trees, shrubs, and other vegetation. C. "Public Right -of -Way" means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined by Streets & Highways Code § 18609, and any successor statute. Page 1 of 7 05� D. "Public street" means any city street or public right -of -way including, without limitation, the curb and gutter. 9- 3- 30:DIRECTOR'S AUTHORITY. A. Tree Maintenance. The director may direct the manner in which trees, shrubs, and other vegetation are planted, trimmed, pruned, cut, removed, placed, and otherwise maintained in and along all public streets. B. Kind and spacing of trees. The director will identify the type and variety of trees that may be placed in, upon, or along any street or portion thereof and the distance apart at which such trees will be planted. C. Improper planting. Whenever any tree is planted or set out in conflict with the provisions of this chapter, the director may remove it in accordance with this chapter. The cost of removal may be charged to the property owner responsible for the planting thereof. D. Permits. The director will receive applications, issue and revoke permits, and otherwise implement this chapter according to the procedures herein. 9- 3- 40:DIRECTOR'S DUTIES. A. Planting trees. The director will cause trees to be planted in, upon, or along the streets of this city in accordance with all applicable laws and encourage the planting, care, and preservation of all such desirable trees. B. Records. The director will prepare and maintain all necessary maps, plans, and records relating to the various functions carried on under this chapter. C. Reports. The director will report to the city council annually on the work and activities carried on under the provisions of this chapter. The director will also prepare and properly submit all reports required by law in connection with the planting or maintaining of trees on the streets of this city. D. Pest control. The director will properly control and remedy, by recognized methods, all insect pests and diseases which, if untreated, may permanently injure, disfigure, or kill any street tree or trees. E. Tree guards. Tree stakes or guards may be placed around trees, providing the same are near the tree for protecting or training such tree and providing that no hazard to public safety is created. Page 2 of 7 055 F. Protection from injury. No person will pile building material, or other material, around any tree, plant or shrub in a street in such a manner that will in any way injure the tree. G. Landscaping Plans. The director will review landscaping plans for proposed developments and may require that trees be planted in any of the streets, parking lots, and other public places abutting the proposed development in accordance with the City tree policy. H. Administrative Policies and Procedures. The director is authorized to promulgate administrative policies and procedures to implement this chapter. 9- 3- 50:TREE REMOVAL OR MAINTENANCE BY DIRECTOR. The director may remove or maintain trees from public streets if the director determines that one or more of the following conditions exist: A. If a tree is dead, in severe physical decline; or if there is splitting or cracking of major limbs or the tree trunk; or if the tree appears dangerous or obstructive to public safety or travel. B. If the tree is incurably infected with a disease which will permanently injure, disfigure, or kill it. C. If there is a conflict between tree roots and sewer lines when: The street tree is located within ten (10) feet of the sewer lateral; 2. Tree roots are evidenced by photographs and/or physical inspection of the sewer line as verified by the director; and Repair methods that allow sewer line repair /replacement to occur with minimal disruption to the tree are deemed inappropriate by the director. D. If tree growth resulted in sidewalk, curb, or gutter disruption that cannot be reasonably repaired without removing the tree. E. If the director determines that a specific tree is an inappropriate species, which was not permitted by the city, or conflicts with the city's tree master plan. F. When the director determines that tree removal or maintenance is justified to otherwise protect public health, safety, or welfare. 9- 3- 60:TREE REMOVAL OR MAINTENANCE BY PRIVATE PERSONS. Private persons seeking to remove or maintain a tree from a public street must apply to the director for a Page 3 of 7 056 tree permit. The director may issue a permit to such private parties to remove or maintain a tree if all the following apply: A. Tree removal or maintenance will occur under the direction of a certified arborist and completed by a licensed contractor. Tree removal or maintenance must adhere to standards issued by the International Society of Arboriculture); B. Trees sought to be removed must meet the criteria set forth in this chapter for removal; C. All removal or maintenance costs are borne by the permittee. A permittee must submit a refundable $250 security deposit with the City to ensure compliance with this section; D. A permittee must pay a permit fee to the City in an amount established by City Council resolution; E. A permittee is required to mail notice to homeowners within fifty feet of the tree proposed for removal informing them of the intent and reason for the removal. The persons have fourteen (14) days to protest the removal to the Recreation and Parks Commission; F. The permittee complies with all other permit conditions listed in this chapter including, without limitation, entering into a hold harmless agreement with the city; 9 -3 -70: PROHIBITIONS. A. It is unlawful to attach or keep attached to any tree, tree guard, or tree stake located within a street, park, or other public place any wire, rope, sign or any other matter without first obtaining a tree permit issued in accordance with this chapter. B. It is unlawful for any person to plant, prune, deface, destroy, or remove or in any manner injure any tree on any street without first obtaining a tree permit issued in accordance with this chapter. 9-3-80: COST RECOVERY. Except as otherwise provided by this chapter, or when tree removal is requested by a permittee, the city will bear the cost of removing trees and other vegetation under this chapter. 9- 3- 90:PRIVATE TREES. If any tree standing on private property, but overhanging or extending into any street, is dead, appears ready to fall, is dangerous or obstructive to public safety or travel the director will have the tree or parts of it that are dangerous or obstructive, cut Page 4 of 7 05 down and removed in accordance with the nuisance abatement proceedings set forth in this code. 9 -3 -100: TREE REPLACEMENT. Whenever a tree is removed or destroyed pursuant to any tree permit, the permittee must plant another tree, of the kind and size specified in the permit, to replace the one destroyed or removed, within forty (40) days after the permit was issued. 9 -3 -110: PERMIT CONDITIONS. The director may condition a tree permit on the following: A. That the permittee plant another tree in the place of the one removed or destroyed. B. That a particular species of tree, as determined by the city's approved street tree list, be used as a replacement. The director will select the species of tree that may be planted. C. That the permittee enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the permittee's activities in a form approved by the city attorney. 9 -3 -120: HOUSE MOVING PERMIT. No person will move any building or other object along any street in such manner that trees are injured without first obtaining a permit. If deemed advisable, the director may require any person moving a building or other object into or along a street in this city to furnish a bond in an amount sufficient to cover the damage to or destruction of trees or shrubs on any street. 9 -3 -130: IMPROVEMENT APPROVAL. No improvement will be installed or earth removed which may affect the root system of a street tree, if such improvement or earth removal is to be within six (6) feet of such street tree, without first obtaining a permit. 9 -3 -140: PAYMENTS AND CHARGES. The director, subject to city council approval, will establish charges for obtaining permits under this chapter. Permit charges must be made at the time of issuance. The charges to be made for a permit are to merely cover costs of investigation, supervision or inspection and may be reestablished periodically. 9 -3 -150: APPEALS. The director's decisions in implementing this chapter may be appealed to the recreation and parks commission. A decision of that commission is final. 9 -3 -160: TREE TRUST FUND. All fees, fines, or assessments as defined in this chapter or the tree policy will be deposited in a Tree Trust Fund and reinvested into the city's community forest." SECTION 2: CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION. This ordinance is exempt from review under the California Environmental Quality Act (California Page 5 of 7 058 Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; minor temporary use of land; ensure maintenance, restoration and protection of the environment; and regulate normal operations of facilities for public gatherings. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304(e), 15308, and 15323. SECTION 3: SAVINGS CLAUSE. Repeal of any provision of the ESMC or any other regulation by this Ordinance does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: SEVERABILITY. 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: VALIDITY OF PREVIOUS CODE SECTIONS. If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 6: The City Clerk must certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen calendar (15) days of the adoption and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code § 36993, for the City of El Segundo. SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. Page 6 of 7 059 PASSED AND ADOPTED this day of , 2011. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2011, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Page 7 of 7 0,60 ADMINISTRATIVE POLICIES AND PROCEDURES APP NO.: APP NO.: : STREET TREES I. Purpose This Administrative Policy and Procedure ( "AP &P ") is adopted pursuant to El Segundo Municipal Code (`SSMC ") § 9- 3 -40(H) for the purpose of implementing ESMC Chapter 9 -3 entitled "Street Trees." The policies and procedures established below are intended to supplement the ESMC's street tree requirements. II. Applicability This AP &P applies to the regulations set forth in ESMC Chapter 9 -3. III. Definitions Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this AP &P. Words and phrases not given a meaning by this AP &P have the meaning set forth in ESMC Chapter 9 -3. A. "Acceptable Tree" means a tree that may be planted within the City's public right of ways. Trees identified within the City's Tree Master Plan are presumptively considered an Acceptable Tree and include the following characteristics: 1. Can grow in a confined area without causing damage to sidewalks and driveways; 2. Are pest and disease tolerant; 3. Require low maintenance and pruning; 4. Are tolerant of El Segundo's climatic zone; and 5. Are aesthetic pleasing. B. "Undesirable Street Tree" means trees that cause severe damage to sidewalks, curbs, driveways and sewer lines. For purposes of this AP &P, such trees include, without limitation, the following: 1. All ficus trees; 2. All liquidambar trees; 3. All magnolia trees; Page 1 of 1 (;'b 41 ADMINISTRATIVE POLICIES AND PROCEDURES ... M 4. All carob trees; and 5. All olive trees. IV. Removal and replacement of street trees As a street tree is removed, a replacement tree must be planted in the same general location, unless conditions exist that would be detrimental to the tree's health or public health and safety. Under such circumstances, the director will identify an appropriate location for the replacement tree within the parkway and adjacent to the property where the tree was removed. V. Property owner request to upgrade size of tree. A. The City normally plants a 24" box size tree. Upon request, a property owner can pay for a larger tree from the recommended street tree list. The property owner will pay the City of El Segundo the difference between the recommended 24" box size street tree and a larger size tree. B. In its sole discretion, the City will prune street trees. The property owner is responsible for watering trees. VI. Choice of tree to be planted If desired, the property owner will be given a choice of trees that are approved for planting adjacent to a property owner's address in accordance with the list of recommended street trees. VII. Planting The City will select, plant, and pay for street trees. Except as otherwise provided in this AP &P, the City will plant 24" box trees. In general, the City is responsible (in its sole discretion) for proper maintenance of parkway trees. Property owners are responsible for watering trees adjacent to their property. VIII. Pruning Emergency maintenance (e.g., a downed tree; broken limbs, or property damage) has priority over all other maintenance calls. The City will attend to such maintenance as quickly as practicable. 2. Regular pruning and shaping will be scheduled for City street trees by the director. Page 2 of 2 062 ADMINISTRATIVE POLICIES AND PROCEDURES APP NO.: 3. Wherever possible, mature trees will be trimmed to 13 feet 6 inches above the street and at least 10 feet 6 inches above the sidewalk. 4. Pruning includes the removal of roots, not to exceed 25% of the total root mass, to correct damage to curbs, gutters, sidewalks and driveways. 5. Pruning requests for City street trees may be made by calling the Parks Division at (310) 524 -2716. 6. The Parks Division will not "top" trees, i.e., the practice of cutting back large diameter branches of a mature tree to stubs. IX. Removal When a request is made for removal of a parkway tree, the director will consider the aesthetic value of the tree to the neighborhood. If the tree is determined to be desirable, all other alternatives to removal will be employed, such as pruning and/or root pruning. Trees that may be considered for removal include the following: Trees that are dead, diseased, hazardous, conflict with adjacent buildings, trees causing sewer line or other property damage. 2. Trees that hinder a new development or construction project (developers must request a tree be removed by filing a "Request for Tree Removal" at the City Planning /Building Safety Department). 3. The tree is underperforming and has lost aesthetic value and purpose. 4. The Parks Division has responsibility for removing trees. Removal requests may be made by calling the Parks Division at (3 10) 524 -2716. APPROVED: City Manager APPROVED AS TO FORM: City Attorney Origination: Revised: Page 3 of 3 063 9 -3 -107 PURPOSE. 9 -3 -207 DEFINITIONS. 9-3-30: DIRECTOR'S AUTHORITY. 9 3 40 DIRECTOR'S DUTIES. 9-3-50: TREE REMOVAL OR MAINTENANCE BY DIRECTOR 9-3-60: TREE gEMOV A 7 OR MAINTENANCE BY PRIVATE PERSONS- 9-3-70: PROHIBITIONS. 9 -3 -80• COST RECOVERY. 9-3-90: PRIVATE Tz__R 9 3 100• TREE REPLACEMENT 9-3-110: PERMIT CONDITIONS. 9 -3 -120• HOUSE MOVING PERMIT. 9-3-130: 1MPROVEDIEN APPROVAL. 9-3-140: PAYMENTS AND CHARGES. 9 -3 -5 PENALTIES, CLAIMS n ND 150• APPEALS =. 9 -3-' T—" n r Tc r �r n.Tr�• 160' TREE TRUST FUND. xrcv�fs yx�n 9 3 10 PURPOSE This chanter is adopted pursuant to Article XI § 7 of the California Constitution for the purpose of enhancing public health safety, and welfare by regulatlng the planting and removal of trees and other vegetation located within the city's streets and public right -of -ways. 9_3 2 ,94— DEFINITIONS: - unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words; and phrases and temis shall have he a-,sr-ibed to themused in this Seetie%ch: A. "Director" means the city manager, or designee. B. "Trees" collectively means trees shrubs, and other vegetation. C. "Public Right -of -Way" means any city street, sidewalk, pedestrian path bike path or any other "public way," as defined by Streets & Highway Code & 18609 and any successor statute. HIM,, . ILI WM Rm MIX . . . • _ . - M 064 D. "Public street" means any city street or public right -of -way including, without limitation, the curb and gutter. ME 63 ;W O. �_ �- 9 3 30•DIRFCTOR'S AUTHORITY p Z 2--. ! ll1�iDT IAATf`D DD(ITIIDDTI• A. Tree Maintenance The director may direct the manner in which trees shrubs and other vegetation are planted trimmed, pruned cut removed, placed and otherwise maintained in and along all public streets. and obs prefakil—,-A A ated, fixed and established in B. Kind and spacing of trees The director will identify the twe and variety of trees that may be placed in upon or along any street or portion thereof and the distance apart at which such trees will be planted. 9 Z 2 RULES ES A C. Improper planting Whenever any tree is planted or set out in conflict with the provisions of this chapter the director may remove it in accordance with this chapter. The cost of removal may be charged to the property owner responsible f o r the planting thereof. ag D. Permits The director will receive applications, issue and revoke permits. and otherwise implement this chapter according to the procedures her f, @f any par-eel of ---, --y adjoining any par4way sho4l have the+ig plant, otiltiva-te and -.0 81-iGh 9 3 40•DIRECTOR'S DUTIES planting ef the proper- t�pes ef trees in the var-ioug-publie streets, aVenues, FOHEIS, , ways or- plaees-Withis the city. U65 A. Planting trees The director will cause trees to be planted in, _upon. or along the streets of this city in accordance with all applicable laws and encourage the planting care and preservation of all such desirable trees. 1). parkway Rule Four-, Planting 1= . m its� NE) per-son shall Permit any Fee , -Ia` shrub or e ther plan 1- �11- , r- interfere With to B. Records The director will prepare and maintain all necessary ma plans and records relating to the various functions ca ied on under this chapter. Plant, notify the owners Or Persons having eustedy unt, of any tree, lawn, parkway flale , C. Reports The director will report to the city council annually on the work and activities carried on under the provisions of this chanter. The director will also prepare and properly submit all reports reaujred by law m connection with the planting or maintaining of trees on the streets of this dt)L tear, F. Parkway Role Si*, 4uring Trees� No per-son Shall FeFHO'Ve, --'+, "Fe k, mutilate, D. Pest control The director will properly control and remedy. recognized methods all insect nests and diseases which. if untreated. m� permanently injure disfigure or kill any street tree or trees. 9. Parkway Rule Seven, injuring Veget-atiew No Person ShaI4 ferneve, piek, , motilate, break, efUSh Or deStrey any plant, , , , provided, however, Parkway are- Planting, maintaining, etfl ivating, r-effieviff.fg, r-eplae-.Rg and ge taining the parkway area in the usual and eustOffiaff manner. E. Tree guards Tree stakes or guards may be placed around trees, proyiding the same are near the tree for protecting or training such tree and providing that no hazard to public safety is created. 14. Parkway R —c; E-1145 D--W-i4 Deposit � N a per-son shal plaee Or- deP s + a .7 debris orwaste - te materials, or abandoned matter Or aband0fled Materials of any kind in of: upon any parkway area-; provided, however, +,--+ -- 1- ------ -1 066 ..e mmist be plaraed in sueh a manner- or- da"ge., to per-sons of- the r-eaf or- on the side of any premises, the Outtings 48 �he premises shall to afford any hazard eF danger- to pefseas or- pf:epeFty- F. Protection from injury . No person will pile building material or other material around any tree plant or shrub in a street in such a manner that will in any way injure the tree. G. 1. PaFkway Rule Nine, bandse-aping' 1- Hew subdivisi0fis -- -hefl the designee sh Landscapinu Plans The director will review landscaping plans for proposed developments and may require stFeetthat trees beiwgbe planted in any of the streets, parking lots, and other public places abutting the proposed development in accordance with the City tree policy. H. Administrative Policies and Procedures The director js authorized to promulgate administrative policies and procedures to implement this 9 3 50 TREE REMOVAL OR MAINTENANCE BY DIRECTOR The director may remove or maintain trees from public streets if the director determines_ that one or more of the following conditions exist: A. If a tree is dead in severe physical decline; or if there is splitting or cracking of major limbs or the tree tr unk; or if the tree appears dangerous or obstructive to public safety or travel. B. If the tree is incurably infected with a disease which will permanently injure, disfigure, or kill it. C. If there is a conflict between tree roots and sewer lines when: 1. The street tree is located within ten (10) feet of the sewer lateral; 2. Tree roots are evidenced by photographs and /or physical inspection of the sewer line as verified by the director; and 0 6; 3. Repair methods that allow sewer line repair /replacement to occur with minimal disruption to the tree are deemed inappropriate by the director. D. If tree growth resulted in sidewalk curb or gutter disruption that cannot be reasonably repaired without removing the tree. E. If the director determines that a specific tree is an inappropriate species, which was not permitted by the city, or conflicts with the city's tree master plan- F. When the director determines that tree removal or maintenance is iustified to otherwise protect public health, safety, or welfare. 9 3 60 TREE REMOVAL OR MAINTENANCE BY PRIVATE PERSONS. Private persons seeking to remove or maintain a tree from a public street must apply to the director for a tree permit The director may issue a permit to such private parties to remove or maintain a tree if all the f6IIowing apply: A. Tree removal or maintenance will occur under the direction of a certified arborist and completed by a licensed contractor. Tree removal or maintenance must where to standards issued by the International Society of Arboriculture)• B. Trees sought to be rem_ oved must meet the criteria set forth in this chapter for removal: C. All removal or maintenance costs are borne by the permittee. A permittee must submit a refundable $250 security deposit with the City to ensure compliance with this section: D. A permittee must pay a Hermit fee to the City in an amount established City Council resolution: Gentained withi4n the tr-ee-poliey of the City. E. A permittee is required to mail notice to homeowners within fifty feet of the tree proposed for removal informing them of the intent and reason for the removal The persons have fourteen (14) days to protest the removal to the Recrc; tion and Parks ( oinnu„iun, Ew goal of the tree poijey. :Fher-efor-e, standaMs for- eentr-el @f diSeaSe @F- other- peStilenee, f;Bf: Pr-E) e@tiOfl of trees shalp3t set f0f4h —o 068 F. The permittee complies with all other permit conditions listed in this chapter including, without limitation, entering into a hold harmless_ agreement with the city: . , . . , A. INC PadEway Reale Thii4een, Attaebing Signs, sha4lt is unlawful to attach or keep attached to any tree, tree guard, or tree stake located within a street rights „f.. ay, p -ks an �oblir. plaeos r to guaf:d or- stake intended for- the pr-ateetie-in ahe-re-Re ,, park, or other public place any wire, rope, sign or any other deviee whatseevw—.matter without first obtaining a tree permit issued in accordance with this chanter. B. It is unlawful for any person to plant, prune, deface, destroy, or remove or in any manner injure any tree on any street without first obtaining a tree permit issued in accordance with this chapter. 9- 3- 80:COST RECOVERY. Except as otherwise provided by this chanter, or when tree removal is requested by a permittee, the city will bear the cost of removing trees and other vegetation under this chapter. - 3- 90:PRIVATE TREES, If any tree standing on private property, but overhanging or extending into any street, is dead, appears ready to fall, is dangerous or obstructive to public safety or travel the director will have the tree or parts of it that are dangerous or obstructive, cut down and removed in accordance with the nuisance abatement roceedings set forth in this code. 9-3-100, REPLACEMENT Whenever a tree is removed or destroyed pursuant to any tree permit, the permittee must plant another tree, of the kind and size specified in the permit, to replace the one destroyed or removed, within forty (401 days after the permit was issued. 9 -3 -110: PERMIT CONDITIONS. The director may condition a tree permit on the following: A. That the permittee plant another tree in the place of the one removed or destroyed. G6J MOM pyarffm h - - G6J B. That a particular species of tree, as determined by the city's approved street tree list be used as a replacement. The director will select the species of tree that may be planted. :T.r>;nDf`DAiDRTT. C. That the permittee enter into a hold harmless agreement with the cit which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the permittee's activities in a form approved by the city attorney. The P of D t' .7 D l Pir -eete -'s designee shall have the p + , PaNe • 9 -3 -120: HOUSE MOVING PERMIT No person will move any building or other object along any street in such manner that trees are injured without first obtaining a permit If deemed advisable, the director may require any person moving a building or other object into or along a street in this city to furnish a bond in an amount sufficient to cover the damage to or destruction of trees or shrubs on any street. 9 2 G. PENALTIES, CLAIMS AND APPEALS: A T C. 9-3-139, APPROVAL No improvement will be installed or earth removed which may affect the root system of a street tree, if such improvement or earth removal is to be within six (6) feet of such street tree, without first obtaining a permit_ ion of this Chapter- or- to have failed to eemply with any flatiee issued pur-Suant the , 'Otis of this Chapter-, shall be Subjeet to a fine in an affieant equal to the ea ORIW-PrIting said vieIation, but not to e*eeed five hundred dollars ($500.00) for- eaek separate offense. Eaeh day dur-ing whieh an), violation of the pr-evisions of this Ghfiptff on of this Chapter-, the if�twy, mutilation, or- death E)f a tree in the publie rights 0 way is emased, the east of r-epaif: Ew r-eplaeement of sureh tree shall be bame by the paf4y in 9_3_140: PAYMENTS AND CHARGES The director, subject to city council approval will establish charges for obtaining permits under this chapter. Permit charges must be made at the time of issuance. The charges to be made for a permit are to merely cover costs of investigation, supervision or inspection and may be reestablished periodically. ifItOr-pr-OtatiOHS Of the tRe fflie�'ffia)'be brought before co# } }"Irsh o d tiefl, Whoscz` eeisi fis rcburdTC 0 o �,li „ts of the tree y shall be final n iui. 9_3_150: APPEALS. The director's decisions in implementing this chapter may be appealed to the recreation and parks commission A decision of that commission is final. 9_3_160: =TREE in this �haDter or the reinvested into the E4tydity's TRUST FUND =. All fees, fines, or assessments as defined tree policy twill be deposited in a Tree Trust Fund and community forest." 071 Document comparison by Workshare Professional on Monday, October 10, 2011 4.r-Q•nn onn Document 1 ID file: / /C: /Documents and Settings /user1 /Desktop /ESMC trees.doc Description ESMC trees Document 2 ID file: / /C: /Documents and Settings /user1 /Desktop /new.doc Description new Rendering set standard Mo\ ed to Style change Format change Count Insertions 136 Deletions 50 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 188 072 STREET TREE POLICIES r-- o,NDESI ABLEAPP NO.:-- : STREET TREES g 7-6.17"—sWe" L- This Administrative Policy and Procedure ( "AP &P ") is adopted pursuant to El Segundo Municipal Code ( "ESMC ") & 9-3-40(H) for the purpose of implementing ESMC Chapter 9 -3 entitled "Street Trees." The policies and procedures established below are intended to supplement the ESMC's street tree requirements. ALL CAROB TREES Applicability -. ALL-OLIVE TREES This AP &P applies to the regulations set forth in ESMC Chapter 9 -3. 11- Definitions H RECOMMENDED STREET TREES FOR PLAN IN EL SEr`_1IAl O _ STREET _ _ _ O � r�ZT\f \'77Tt'o it � v �QO Unless the contrary is stated or clearly appears from the context the following definitions govern the construction of the words and phrases used in this AP &P Words and phrases not given a meaning by this AP &P have the meaning set forth in ESMC Chapter 9 -3. A. CAccc ptable Tree" means a tree that maybe planted within the City's public right of ways Trees identified within the City's Tree Master Plan are presumptively considered an Acceptable Tree and include the following characteristics: Can grow in a confined area without causing damage to sidewalks and driveways...i 07 3 2. P86 Are pest and disease tolerant...; 3. LGW Reauire low maintenance and pruning... 4. Telefa{AAre tolerant of El Segundo's climatic zone... and 5. Are aesthetic pleasing. B. "Undesirable Street Tree" means trees that cause SC%ere to �i�i��� ►II.> ciu 1��; For purposes of this AP &P such trees include without limitation, the following: 1. All ficus trees 2. All liauidambar trees; 3. All magnolia trees; 4. All carob trees; and 5. AesthetiGyalueAfl olive trees. jy` Removal and replacement of street trees As a street tree is removed, a replacement tree must be planted in the same general location, unless conditions exist that would be detrimental to the tree's health. IR th!6 or public health and safety. Under such circumstances. the director will deGide-Gaidentiffy an appropriate location for the replacement tree within the parkway and adjacent to the property where the tree was removed. - - - - im PROPERTY OWNERS REQUEST TO o 11DoDepE SIZE OF TREE NORMALLY V DI AAITCI) DV T14E CITY. y� Property owner request to upgrade size of tree. A. The City normally plants a 24" box size tree. A Upon request, a property owner; can pay for a larger tree from the recommended street tree list. The property owner will pay the City of El Segundo the difference between the recommended 24" box size street tree and a larger size tree. 074 B In its sole discretion the City will prune street trees. The property owner is responsible for watering the- #Feetrees. N7. t`LI ME TO BE PL ANTED Vi- Choice of tree to be planted The desired. the property owner, 4 +h y-de &wee will be given a choice of trees that are approved for planting GR th9iF 6tFeqt- , adiacent to a property owner's address in accordance with the list of recommended street trees. VII• Planting andThe City will select plant and pay for street trees Except as otherwise provided in this AP &P the City will plant 24" box trees In general, the City is responsible (in its sole discretion) for proper maintenance of all -sway arkwa trees. The pFep �#yrrogejr=ty= owners are responsible for watering trees pie pwkwaY6 adjacent to their property. Nrit. PRUNING VIII. Prunin Emergency pFuRa4g4maintenance (e.g., a downed tree- dewn,; broken limbs, or property damage —9e ) wo h webas priority over all other PFU" calls possible. The City will attend to such maintenance as quickly as practicable. 2. Regular pruning and shaping will be scheduled for City street trees by the PaFk director. 3. Wherever possible, mature trees &hallwill be trimmed to 13 feet 6 inches above the street and at least 10 feet 6 inches above the sidewalk. 4. Pruning includes the removal of roots, not to exceed 25% of the total root mass, to correct damage to curbs, gutters, sidewalks and driveways. 075 5. Pruning requests for City street trees may be made by calling the Parks Division at (310) 524 -2716. 6. The Parks Division ' "will not "ton" trees, i.e., the practice of cutting back large diameter branches of a mature tree to stubs. N11H CCMOVA I - mar. --r�cr ry �'r�� 12L- Removal 4-.When a request is made for removal of a parkway tree, GGFIsideratiGRLhe director will beeconsider the aesthetic value of the tree to the neighborhood. If the tree is determined to be desirable, all other alternatives to removal will be employed, such as pruning and/or root pruning. -- -Trees that+14mav be considered for removal include the following: 1. a-.-Trees that are dead, diseased, hazardous, conflict with adjacent buildings, trees causing sewer line or other property damage. 2. b -Trees that hinder a new development or construction project- �Beele�es (developers must request a tree be removed by filing a "Request for Tree Removal" at the City Planning /Building Safety Department...)_ e-.-The tree is underperforming and has lost aesthetic value and purpose. 4. -3-.The Parks Division has responsibility for removing trees. 5. 4- Removal requests may be made by calling the Parks Division at (3 10) 524 -2716. APPROVED: City Manager APPROVED AS TO FORM: City Attorney Origination: Revised: 076 Notice of Exemption Appendix 1 To: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 To: ® County Clerk/Registrar /Recorder County of Los Angeles 12400 E. Imperial Hwy. #1007 Norwalk, CA 90650 From: (Public Agency) City of El Segundo 350 Main Street El Segundo, CA 90245 Project Title: Amendment of the El Segundo Municipal Code (ES MC) regarding Street Trees Revision of Administrative Policies and Procedures for Street Trees in the Master Street Plan Project Location — Specific: Citywide Project Location - City: El Segundo Project Location - County: Los Angeles Description of Project: An Ordinance amending Chapter 9-3 of the El Segundo Municipal Code (ESMC) in its entirety regarding treet Tree maintenance and removal: 2 Revised Administrative Policies and Procedures for Street Trees in the Master Street Plan The changes will include (a) Allowing property owners the option to apply for a Dermitfrom the Recreation and Parks Department to hire approved contractors to remove or maintain trees at their own convenience and expense b Allowing staff to remove and replace trees that are underperforming and have lost their aesthetic value and Durpose. Name of Public Agency Approving Project: City of El Segundo - Name of Person or Agency Carrying Out Project: City of El Sequndo Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); ® Categorical Exemption. State type and section number: Class 1 4 8 and 23 Sections 15301, 15304, 15308 and 15323 ❑ Statutory Exemption. State code number: Reasons why project is exempt: The proiect establishes rules and procedures to permit operation of existing facilities: minor renJ�#n nnrmnI nnarnfinnS of noise air quality, or water guality. Lead Agenct=:: Area Contact Per Code/Telephone /Extension: (310) 524 -2345 Signature: ____ __ Date: 9/13/2011 Title: Planning and Building Safety f\4 Director ® Signed by Lead Agency ❑ Signed by Applicant Date received for filing at OPR: \ \CH3K03 \Shared Files\Dept\Planning & Building Safety \0 Planning - Old\PtANNING STAFF FOLD ton Dept Street Samaras\Misc\NOE r Nm ng r Parks and 077 Educate - Plant Conserve Partners for the Planet Northrop Grumman Anonymous Donor Chevron Products Co. California Releaf Cal Fire AQMD International Garden Center City of El Segundo M Church Family Group 22 e� Polizzotto Development r.. Vons Foundation Boeing Employee Community Fu DirecTV ra• El Segundo Power :a• Wells Fargo Bank Raytheon Margot Nelligan Ryan Broderick iL Jim McLees EA ,aa►aa September 12, 2011 Bob Cummings Director Recreation & Parks City of El Segundo 401 Sheldon St. El Segundo, CA 90245 Dear Bob, Mission: To Empower Young People to be Envirn nine ntral Leaders Beautify Preserve A true conservationist is a man who knows that the world is not given by his fathers, but borrowed from his children. -- John Madison It is my pleasure to write in support of the proposed updates to the Street Tree Policy. The addition of VIII.2.c. regarding loss of aesthetic value fills a gap not previously addressed. Most important is the addition of the private tree service option for residents who see a need for more frequent pruning or earlier removal of appropriate street trees. This provision stands to improve the health and appearance of our community forest. Further, 1 imagine it will reduce stress for Mark from citizens who deem that their trees need immediate attention. Best regards, Gail Church Executive Director 078 EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding authorization for the Police Department to replace an elliptical trainer and purchase supplemental fitness equipment and replacement flooring for the Police Department gym utilizing equipment replacement and asset forfeiture funds. (Fiscal Impact: $4,950 GF; $46,853 AF) RECOMMENDED COUNCIL ACTION: Approve the use of equipment replacement and asset forfeiture funds to purchase fitness equipment and replacement flooring for the Police Department gym. 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Equipment quotes Flooring quotes Comparison chart FISCAL IMPACT: Equipment Replacement and Asset Forfeiture Funds Amount Budgeted: $51,803 Additional Appropriation: N/A Account Number(s): 601 - 400 - 3101 -8104 & 109 - 400 - 3105 -8104 ORIGINATED BY: Brian Evanski, Captain REVIEWED BY: Mitch Tavera, Chief of Pol' e APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: Police officer physical fitness and overall wellness continue to be necessary for the safe and effective performance of critical and essential job functions in law enforcement. In 1999, the Police Department utilized approximately $78,000 from the asset forfeiture account to expand and equip the police department gym. Over time, the majority of that equipment has either become obsolete or fallen into disrepair as a result of long -term usage. It is now necessary to update the police department gym with replacement and supplemental equipment and flooring. As part of this exercise equipment update, it is necessary to replace the outdated Precor elliptical machine with a new commercial grade machine. The current Precor exercise machine is listed and was scheduled for replacement in September 2007. With the exception of the Precor elliptical machine, the physical fitness equipment and gym flooring should by funded with asset forfeiture funds as the U.S. Department of Justice has authorized the purchase of exercise equipment under the equitable sharing guidelines for state and local law enforcement agencies. 079 In recent years, there have been great advances in fitness equipment and philosophy. The direction of modern conditioning is now focused on "function based training." The goal of function based training is to adapt or develop exercises which allow individuals to perform the activities of daily life more easily and without injuries. Further, this training method creates a higher level of fitness by increasing both cardiovascular and muscular strength, both of which have been proven to decrease the risk of injury. Therefore, Staff focused on fitness equipment specifically geared toward overall physical functionality and not on equipment designed to isolate and condition specific muscles independently. Staff examined various functional based fitness equipment and machines best suited for the Police Department gym and identified a combination of FreeMotion, Precor, Stairmaster, and EPIC systems. These companies manufacture high quality products that are used throughout the commercial fitness industry. The specific equipment identified for purchase is rated "commercial grade," and is identical to the equipment utilized in fitness centers such as the Spectrum Club, Gold's Gym, and 24 Hour Fitness. After identifying the equipment to be purchased, Staff contacted numerous vendors to obtain quotes. Staff learned the individual vendors do not carry all of the various manufactures' products. Therefore, Staff obtained quotes on specific items from multiple vendors in an effort to receive the best pricing. As a result, FreeMotion, Out -Fit, and Foundation Fitness, offered the best quality equipment with the best service and prices available. Due to the poor and unsafe condition, it is also proposed that the current flooring be replaced. The existing gym flooring has become worn and slick and, subsequently, poses a safety hazard due to the lack of traction and support it provides. A review of the flooring best suited for the gym revealed that "U1traTile" combines safety, durability, and value with an industry best 15 year warranty. This flooring has also proven successful in the professional and commercial fitness venues. Staff contacted numerous flooring vendors however, very few flooring vendors deal specifically with gym specific flooring. Staff was only able to obtain two quotes that combined both the removal of our current flooring and the purchase and installation of "U1traTile" gym flooring. As a result of the quotes submitted, it is proposed that Fitness and Flooring Concepts be selected as they provided the lowest responsive quote. 06.0 O N X 7 a) L U c a) E a a) c m E a a W m c LL i _o O N O O w 0 0 0 w O ID O O O O O �n O o O M O O O d' O Vl O O O O �_ �/', O O o0 0 0 0 0 h 0 0 j N u o0 O+ v, M t- O O, O O\ 'D O a, O T ^ r � oo ^ .-. O V ID l� 10 00 a, v1 00 <t O oc a, l� M V �D M O O� O= �O \D O N \D 7 �n ON v, T — O� M O, 'V -- f� 10 oo O N \D M N 1, O V M O O V' oo O V O °. 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O O O O O O O O O O O O O_ O O O O O O O O O O O O O O O_ O O O O O O O O O O O• O {a Z Z N 00 _O 00 00 00 00 00 OO o0 00 00 00 00 00 a0 00 00 00 W o0 00 00 00 00 00 00 00 00 00 00 00 07 00 00 00 00 00 00 00 00 00 00 o0 d Ci M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M Uy O N X 7 a) L U c a) E a a) c m E a a W m c LL i _o O N ESPD GYM PROPOSAL SUMMARY/TOTAL StairMaster Stepmill (Foundation Fitness) $3,959.34 Precor EFX833 (Dual Action) (Out -Fit) $5,768.66 Precor EFX835 (Fixed Handrail) (Out -Fit) $5,022.39* FreeMotion Dual Cable Cross (FreeMotion) $3,571.75(Two: $7,143.50) Squat Rack (FreeMotion) $895.00 Lat Machine - Precor Icarian Pulldown(2501b) (Out -Fit) $2,520 EPIC Fly /Rear Delt (FreeMotion) $2,271.75 Twin Tier Dumbbell Rack (FreeMotion) $525.00 (Two: $1,050.00) Medicine Ball Rack (10 count) (FreeMotion) $165.00 Kettlebell Rack (FreeMotion) $299.00 Olympic Plate & Bar Rack (FreeMotion) $291.85 Dumbbells - Urethane (10lbs- 105lbs, 51b increments, 2 of each) (FreeMotion) $3,744.40 Light Dumbbells (21bs -8lbs, 21b increments, 2 of each) (FreeMotion) $66.00 Bumper Discs 5 lb(4), I Olb(6), 25lb(4), 35lb(4), 45lb(6) (FreeMotion) $838.00 Classic Medicine Balls Ball (81bs- 161bs, 21b increments, 1 of each) (FreeMotion) $131.00 Core Rotation Slam Balls (81b & 1416) (FreeMotion) $55.00 5 ft. EZ Curl Bar (FreeMotion) $310.00 Olympic 7 ft. Steel /Chrome Bar (FreeMotion) $260.00 TOTAL EQUIPMENT COST Subtotal: $34,790.89 Estimated tax: $3,044.20 Estimated Freight /Install: $4,000 Equipment Total: $41,835.09 *Equipment Replacement V. White September 2011 TOTAL FLOORING COST -24" X 24" U1traTile (20% Color TBD) .... $5,200.00 (Unit Price: $26.00) -Tile Dowels Unit Price: $0.30 ........ ........$360.00 -Ultra Reducer (Transition (2 @ $20.00)......$40.00 -Cove base 4" ( optional) ........................$200.00 - Wainscoting 24" ( optional ) ....................$200.00 -Tile removal/disposal ... ........................$500.00 - Fitness Equipment Move ......................$400.00 -Tile Installation .......... ........................$800.00 - Wainscoting Rubber Installation .............$150.00 - Freight Charges Tile ... ......................$1,215.00 - Freight Charges Rubber ........................$100.00 Tax: $801.94 Flooring Total: $9,966.94 GRAND TOTAL: $51,802.03 V. White September 2011 083 3VVJY,.EM0TI0N FITNEBB" FreeMotion Fitness PO Box 99661 Chicago, IL 60690 El Segundo Police Department Attn: Valerie White 348 Main Street El Segundo, CA 90245 -3813 United States Ph: (310) 524 -2278 vwhite @elsegundo.org Brock Champlin Ph: (435) 786 -2917 Fx: (435) 786 -2769 El Segundo Police Department Attn: Valerie White 348 Main Street El Segundo, CA 90245 -3813 United States Ph: (310) 524 -2278 vwhite @elsegundo.org QUOTE Ryan Andersen Ph: (760) 519 -4453 Fx: (435) 786 -2614 El Segundo Police Department Attn: Valerie White 348 Main Street El Segundo, CA 90245 -3813 United States Ph: (310) 524 -2278 vwhite @elsegundo.org Quote # WFMFQ49799 Customer #: Quote Created: -• 7, 2011 Quote Expires: Oct 7, 2011 6i6i6600� 2 F624 FreeMotion Dual Cable Cross $5,495.00 $3,571.75 $7,143.50 2 F209 FreeMotion EPIC Twin Tier Dumbbell Rack $795.00 $525.00 $1,050.00 1 F212 FreeMotion EPIC Olympic Squat Rack $1,395.00 $895.00 $895.00 1 F219 FreeMotion EPIC Olympic Plate & Bar Rack $395.00 $291.85 $291.85 1 GZF18063 FreeMotion EPIC Fly /Rear Delt $3,495.00 $2,271.75 $2,271.75 1 FMCBAR7210 7' Intl Chrome Oxide Bar, 1500 #Test -32 mm $260.00 $260.00 $260.00 2 FMDB10010 ZVO Series 1001b Urethane Dumbell $278.00 $152.90 $305.80 2 FMDB1010 ZVO Series 101b Urethane Dumbell $52.00 $28.60 $57.20 2 FMDB10510 ZVO Series 1051b Urethane Dumbell $292.00 $160.60 $321.20 2 FMDB1510 ZVO Series 151b Urethane Dumbell $63.00 $34.65 $69.30 2 FMDB2010 ZVO Series 201b Urethane Dumbell $75.00 $41.25 $82.50 2 FMDB2510 ZVO Seines 251b Urethane Dumbell $87.00 $47.85 $95.70 2 FMDB3010 ZVO Series 301b Urethane Dumbell $102.00 $56.10 $112.20 2 FMDB3510 ZVO Series 351b Urethane Dumbell $114.00 $62.70 $125.40 2 FMDB4010 ZVO Series 401b Urethane Dumbell $126.00 $69.30 $138.60 2 FMDB4510 ZVO Series 451b Urethane Dumbell $136.00 $74.80 $149.60 2 FMDB5010 ZVO Series 501b Urethane Dumbell $150.00 $82.50 $165.00 2 FMDB5510 ZVO Series 551b Urethane Dumbell $165.00 $90.75 $181.50 2 FMDB6010 ZVO Series 601b Urethane Dumbell $175.00 $96.25 $192.50 2 FMDB6510 ZVO Series 651b Urethane Dumbell $187.00 $102.85 $205.70 2 FMDB7010 ZVO Series 701b Urethane Dumbell $203.00 $111.65 $223.30 2 FMDB7510 ZVO Series 751b Urethane Dumbell $214.00 $117.70 $235.40 2 FMDB8010 ZVO Series 801b Urethane Dumbbell $226.00 $124.30 $248.60 2 FMDB8510 ZVO Series 851b Urethane Dumbell $238.00 $130.90 $261.80 <g I • • Quote valid until date listed above. Please sign and return to the contact listed above to place your order. Chest & Shoulder are ADA compliant /wheelchair accessible. A maximum tax credit of $5,000 The FreeMotion Cable Cross, per year may be applicable. Reference Section 44 of the IRS tax code. 2 FMDB9010 ZVO Series 901b Urethane Dumbell $255.00 $140.25 $280.50 2 FMDB9510 ZVO Series 951b Urethane Dumbell $266.00 $146.30 $292.60 1 FMKBRK10 ST Performance Series Kettlebell Rack $495.00 $299.00 $299.00 1 FMMBRK1010 ST Performance Series 10 Medicine Ball Tree $249.00 $165.00 $165.00 1 FMMB1010 ZVO Series 101b Solid Medicine Ball $36.00 $22.00 $22.00 1 FMMB1210 ZVO Series 121b Solid Medicine Ball $42.00 $26.00 $26.00 1 FMMB1410 ZVO Series 141b Solid Medicine Ball $48.00 $30.00 $30.00 1 FMMB1610 ZVO Series 161b Solid Medicine Ball $54.00 $34.00 $34.00 1 FMMB810 ZVO Series 81b Solid Medicine Ball $30.00 $19.00 $19.00 6 FMOPCR1010 ZVO Series 101b Bumber Disc $30.00 $20.00 $120.00 4 FMOPCR2510 ZVO Series 251b Bumper Disc $60.00 $40.00 $160.00 4 FMOPCR3510 ZVO Series 351b Bumber Disc $75.00 $47.00 $188.00 6 FMOPCR4510 ZVO Sereies 451b Bumber Disc $90.00 $55.00 $330.00 4 FMOPCR510 ZVO Series 51b Bumper Disc $15.00 $10.00 $40.00 1 FMRMB1410 ZVO Series 141b Core Rotation Medicine Ball $60.00 $30.00 $30.00 1 FMRMB810 ZVO Series 81b Core Rotation Medicine Ball $40.00 $25.00 $25.00 2 FMTB210 ZVO Series 21b Urethane studio Tribells $6.00 $3.30 $6.60 2 FMTB410 ZVO Series 41b Urethane studio Tribells $12.00 $6.60 $13.20 2 FMTB610 ZVO Series 61b Urethane studio Tribells $18.00 $9.90 $19.80 2 FMTB810 ZVO Series Bib Urethane studio Tribells $24.00 $13.20 $26.40 Subtotal: $17,210.50 Tax: $1,505.92 Freight/install: $2,771.33 Total Units: 89 Notes /Other Info: • Cumulative Tax Rate: 8.75001 % (Tax will be recalculated at the time of order) • FreeMotion Cardio Warranty covers 3 years parts and 3 year labor Total: $21,487.75 0$5 • Quote valid until date listed above. Please sign and return to the contact listed above to place your order. • The FreeMotion Cable Cross, Chest & Shoulder are ADA compliant /wheelchair accessible. A maximum tax credit of $5,000 per year may be applicable. Reference Section 44 of the IRS tax code. WFMFQ49799 Signature Quote $21,487.75 Date: Your signature indicates that the EQUIPMENT, COLOR and ADDRESS information on this quote are correct. Please sign and return all pages to the contact listed above to place your order. Thank you for your purchase of FreeMotion equipment. If you have elected to pay any portion of this order with a credit card, your signature on this document will authorize your card to be charged as per our credit card terms and conditions. Charges will appear under the name 'ICON AR' on your credit card statement. Product Colors Summary Upholstery Color 1 Relax Black GZF18063; Frame Color Platinum Sparkle GZF18063; F624; F209; F212; F219; Raloks • Quote valid until date listed above. Please sign and return to the contact listed above to place your order. • The FreeMotion Cable Cross, Chest & Shoulder are ADA compliant /wheelchair accessible. A maximum tax credit of $5,000 per year may be applicable. Reference Section 44 of the IRS tax code. FOUNOATIONFitness Foundation Fitness 1732 NW Quimby St., Ste 250 Portland, OR 97209 Ph: 503- 505 -9538 Fax: 503 -227-0117 www.foundationfitness.net El Segundo Police Department Full Quote Quote #000837 Version 1 08 " Bill To: El Segundo Police Department Ship To: 348 Main Segundo Police Department Prepared By: 348 Main Street El Segundo CA 90245 El Segundo CA 90245 (310) 524 -2278 (310) 524 -2278 Valerie White Valerie White vwhite @elsegundo.org vwhite @elsegundo.org /1 Acw� �ItMtM1. Quote ID: 000837 310 - 944 -4457 Date: Thursday, 11 August 2011 mcrumm @foundationfitness.net Expires: Saturday, 10 September 2011 Product SM916 Stepmill (Stairmaster:100174) 1 $5,999.00 34% $3,959.34 $3,959.34 Stairmaster:1001 74 Matrix A5X -02 Ascent Trainer 1 $8,995.00 38% $5,576.90 $5,576.90 A5X frame: 7 years, JID generator: 5 years, parts: 3 years CAP, labor 3 years CAP. Matrix E5Xc -02 Elliptical 1 $5,995.00 37% $3,776.85 $3,776.85 E5XC frame: 7 years, JID Generator: 5 years, parts & w— labor 3 years 11 August, 2011 Quote ID: 000837 Page 2/8 FO U 10 AT ION Fr-t-ness intelligent fitness solutions Product Foundation Fitness 1732 NW Quimby St., Ste 250 Portland, OR 97209 Ph: 503 - 505 -9538 Fax: 503- 227 -0117 www.foundationfitness.net 2 $5,495.00 29% $3,899.00 $7,798.00 Freemotion FreeMotion Dual Cable Cross F624 10 Years: Structural Frame, 3 Years: Bearings, Guide Rods, Pulleys, 1 Year: Cables, 1Year: Labor, a , 120 Days: Upholstery 2 $795.00 18% $649.00 $1,298.00 Freemotion Double Dumbbell Rack F209 10 YEARS: STRUCTURAL FRAME 3 YEARS: BEARINGS & PULLEYS 1 YEAR: CABLES 1 YEAR: LABOR 120 DAYS: UPHOLSTERY, HANDLES & ACCESSORIES 1 $1,395.00 28% $999.00 $999.00 Freemotion Squat Rack Freemotion:F212 STRUCTURAL FRAME 3 YEARS: BEARINGS & PULLEYSYEAR: CABLES 1 B YEAR: LABOR 120 DAYS: UPHOLSTERY, HANDLES & ACCESSORIES Freemotion ST Performance Series Kettlebell rack - Silver 1 $495.00 29% $349.00 $349.00 FMKBRK10 (SV) Color Color: Silver Freemotion ST Performance Series 10 Medicine Ball tree 1 $249.00 $249.00 $249.00 FMMBRK1010 - Silver (SV) Color: Silver Freemotion Solid Medicine Ball 101b Color: Grey + Blue 1 $36.00 19% $29.00 $29.00 FMMB1010 Freemotion Solid Medicine Ball 121b Color: Grey + Blue 1 $42.00 19% $34.00 $34.00 FMMB1210 Freemotion Solid Medicine Ball 141b Color: Grey + Blue 1 $48.00 19% $39.00 $39.00 FMMB1410 Freemotion Solid Medicine Ball 161b Color: Grey + Blue 1 $54.00 17% $45.00 $45.00 FMMB1610 089 Page 3/8 11 August, 2011 Quote ID: 000837 Product Freemotion Solid Medicine Ball 81b Color: Grey + Blue 1 $30.00 3% $29.00 $29.00 Freemotion:FMM 8810 Freemotion ZVO Series 101b Bumper Disc (solid rubber) 6 $30.00 3% $29.00 $174.00 Freemotion:FMO Color: Green PCR1010 Freemotion ZVO Series 251b Bumper Disc (solid rubber) 4 $60.00 18% $49.00 $196.00 FMOPCR2510 Color: Yellow Freemotion ZVO Series 351b Bumper Disc (solid rubber) 4 $75.00 15% $64.00 $256.00 Freemotion:FMO Color: Blue PCR3510 Freemotion ZVO Series 451b Bumper Disc (solid rubber) 6 $90.00 23% $69.00 $414.00 FMOPCR4510 Color: Red Freemotion Core Rotation Medicine 14lbs Ball Color: 1 $60.00 25% $45.00 $45.00 FMRMB1410 Black+ Blue Freemotion Core Rotation Medicine 8lbs Ball Color: Black 1 $40.00 15% $34.00 $34.00 FMRMB810 + Blue Freemotion Fly / Rear Delt 1 $3,495.00 20% $2,796.00 $2,796.00 F806 10 YEARS: STRUCTURAL FRAME 3 YEARS: BEARINGS, GUIDE RODS, PULLEYS, CAMS, WEIGHT STACKS 1 YEAR: CABLES & LABOR 120 DAYS: UPHOLSTERY, HANDLES & ACCESSORIE Freemotion Lat / High Row 1 $3,195.00 20% $2,556.00 $2,556.00 F802 10 YEARS: STRUCTURAL FRAME 3 YEARS: BEARINGS, GUIDE RODS, PULLEYS, CAMS, WEIGHT STACKS 1 YEAR: CABLES & LABOR 120 DAYS: UPHOLSTERY, HANDLES & ACCESSORIES 11 August, 2011 Quote ID: 000837 Page 4/8 n., Foundation Fitness 1732 NW Quimby St., Ste 250 Portland, OR 97209 Ph: 503 - 505 -9538 Fax: 503 - 227 -0117 www.foundationfitness.net Freemotion 7' Int'I Chrome Bar, 1500# Test - 32 mm 1 $260.00 25% $195.00 $195.00 Freemotion:FMC Color: Color: Silver BAR7210 Freemotion ZVO Series 1001b Urethane Dumbbell 2 $278.00 25% $208.50 $417.00 Freemotion:FMD Endcap: Red B10010 Freemotion ZVO Series 101b Urethane Dumbbell Endcap: 2 $52.00 25% $39.00 $78.00 FMDB1010 Red Freemotion ZVO Series 1051b Urethane Dumbbell 2 $292.00 25% $219.00 $438.00 FMDB10510 Endcap: Red Freemotion ZVO Series 151b Urethane Dumbbell Endcap: 2 $62.00 25% $46.50 $93.00 FMDB1510 Red Freemotion ZVO Series 201b Urethane Dumbbell Endcap: 2 $73.00 25% $54.75 $109.50 FMDB2010 Red Freemotion ZVO Series 251b Urethane Dumbbell Endcap: 2 $86.00 25% $64.50 $129.00 FMDB2510 Red Freemotion ZVO Series 301b Urethane Dumbbell Endcap: 2 $100.00 25% $75.00 $150.00 FMDB3010 Red Freemotion ZVO Series 351b Urethane Dumbbell Endcap: 2 $112.00 25% $84.00 $168.00 FMDB3510 Red Freemotion ZVO Series 401b Urethane Dumbbell Endcap: 2 $124.00 25% $93.00 $186.00 FMDB4010 Red Freemotion ZVO Series 451b Urethane Dumbbell Endcap: 2 $134.00 25% $100.50 $201.00 FMDB4510 Red 11 August, 2011 Quote ID: 000837 091 Page 5/8 Freemotion ZVO Series 501b Urethane Dumbbell Endcap: 2 $148.00 25% $111.00 $222.00 FMDB5010 Red Freemotion ZVO Series 551b Urethane Dumbbell Endcap: 2 $164.00 25% $123.00 $246.00 FMDB5510 Red Freemotion ZVO Series 601b Urethane Dumbbell Endcap: 2 $174.00 25% $130.50 $261.00 FMDB6010 Red Freemotion ZVO Series 651b Urethane Dumbbell Endcap: 2 $186.00 25% $139.50 $279.00 FMDB6510 Red Freemotion ZVO Series 701b Urethane Dumbbell Endcap: 2 $203.00 25% $152.25 $304.50 FMDB7010 Red Freemotion ZVO Series 751b Urethane Dumbbell Endcap: 2 $214.00 25% $160.50 $321.00 FMDB7510 Red Freemotion ZVO Series 801b Urethane Dumbbell Endcap: 2 $226.00 25% $169.50 $339.00 FMDB8010 Red Freemotion ZVO Series 851b Urethane Dumbbell Endcap: 2 $237.00 25% $177.75 $355.50 FMDB8510 Red Freemotion ZVO Series 901b Urethane Dumbbell Endcap: 2 $255.00 25% $191.25 $382.50 FMDB9010 Red Freemotion ZVO Series 951b Urethane Dumbbell Endcap: 2 $264.00 25% $198.00 $396.00 FMDB9510 Red Freemotion Urethane studio tribells Color: Grey, Endcap: 2 $6.00 25% $4.50 $9.00 FMTB210 Blue 11 August, 2011 Quote ID: 000837 092 Page 6/8 Product Freight/Install Total Freight/install 093 11 August, 2011 Quote ID: 000837 Page 7/8 Description Price Freemotion Urethane studio tribells Color: Grey, Endcap: 2 $12.00 25% $9.00 $18.00 FMTB410 Blue Freemotion Urethane studio tribells Color: Grey, Endcap: 2 $18.00 25% $13.50 $27.00 FMTB610 Blue Freemotion Urethane studio tribells Color: Grey, Endcap: 2 $24.00 25% $18.00 $36.00 FMTB810 Blue Total Product Freight/Install Total Freight/install 093 11 August, 2011 Quote ID: 000837 Page 7/8 Quote Summary Description Product Subtotal $30,0114.09 Shipping Method Acceptance of Goods and Returns: All orders are subject to acceptance by Foundation Fitness. Acceptance of orders, is based on the express condition that Buyer agrees to all terms and conditions herein. Acceptance of delivery by buyer will constitute Buyer's assent to these terms and conditions. Buyer agrees to pay Foundation Fitness LLC. (a) restocking fee of 20% of the sales price of the return items, and (b) all shipping charges, including return shipping costs. Entire Agreement : The provisions contained within this document constitute this entire agreement between the parties listed above and supersede all previous communications representations and agreements, either verbal or written between the parties, with respect to the subject matter contained above. Prices /Payments: Prices listed are valid for 30 days and are for standard options on strength /cardio equipment unless otherwise specified. Price based on cash or check in advance. Payment for the order is 50% at the time of ordering so that stock may be allocated accordingly, and the remaining 50% due upon delivery of goods, unless specified. This also applies to goods ordered but not in stock at the time of ordering. The total purchase price, includes delivery charges if applicable. Taxes: All taxes and excises of any nature whatsoever now or hereafter levied by any governmental authority, whether federal, state or local, either directly or indirectly, upon the sale, use or transportation of any goods sold hereunder shall be paid or borne by Buyer. Security: If Buyer fails to make payment in accordance with the terms of this agreement or any collateral agreement, or fails to comply with any provision hereof, Foundation Fitness LLC reserves the right but is not limited to, execution by Buyer of an installment note, security agreement, financing statement and /or personal guaranty. Buyer is to remain liable for all unpaid accounts Acceptance Order Porter signature information will fill in automatically once approved Signature: Date: 1e1U., 094 11 August, 2011 Quote ID: 000837 Page 8/8 Page 1 of 1 White, Valerie (Officer) From: Chris Fisher [cfisher @out - fit.net] Sent: Friday, July 22, 2011 2:26 PM To: White, Valerie (Officer) Subject: Fitness equipment quote Attachments: El Segundo PD.pdf Hi Valerie, Thanks for the opportunity to provide a proposal for your fitness center. I have attached our quote along with the spec sheets for the products included. I reviewed the additional products you had requested from Free Motion and I will not be able to provide them at a competitive price. My suggestion would be for you to work with my company as the authorized dealer for Precor and Stairmaster and to also source products for Free Motion direct. Please let me know if you have any questions. Sincerely, Chris Chris Fisher President Out -Fit 25 West Easy St. Suite 306 Simi Valley, CA 93065 Office: 800 - 376 -3339 / Mobile: 805 - 320 -6619 / Fax: 805 - 426 -8120 E -Mail: c ishe.r. @ou. t-j t net Web Site: www._o...utft.net 095 9/29/2011 ,,.,.PUT-wF1T Out -Fit 25 W. Easy St. Suite 306 Simi Valley, CA 93065 Office: 800 - 376 -3339 Fax: 805 -426 -8120 Bill To Ship To Quote Number Date 7/22/2011 5690 Prepared Chris Fisher (805) 320 -6619 cfisher @out - fit.net Valerie White Valerie White El Segundo Police Department El Segundo Police Department 348 Main Street 348 Main Street El Segundo CA 90245 El Segundo CA 90245 Phone Phone (310) 524 -2278 (310) 524 -2278 Payment Terms Desired Delivery Date Est. Lead Time Sales Consultant 50% Down /Bal PTD 9/15/2011 4 -6 Weeks Chris Fisher Oty Vendor - • • Price 1 Precor EFX833 -P30 EFX - Fixed handrail w /adjustable 6,495.00 5,022.39 5,022.39 Crossramp® - P30 console 1 Precor EFX835 -P30 EFX - Dual action w /adjustable Crossramp® - 7,495.00 5,768.66 5,768.66 P30 console 1 Marpo Kinetics V250 Marpo Kinetics V250 Viper Rope Climber 3,995.00 2,930.00 2,930.00 1 Stairmaster SM916 SM 916 STEPMILL 5,999.00 4,837.10 4,837.10 1 Precor 304 -250 Precor Icarian Pulldown w /Shroud, 250lbs 2,925.00 2,520.00 2,520.00 1 Precor 304 -300 Precor Icarian Pulldown Heavy Weight Stack, 200.00 181.82 181.82 300lbs 1 Precor C505EC Precor C Line Rear Delt / Pec Fly 4,200.00 3,452.05 3,452.05 1 IDA Installation, Delivery and Assembly 1,750.00 1,450.00 1,450.00 Subtotal 26,162.02 TOTAL PREFERRED CLIENT DISCOUNT $6596.98 Freight (From Factory) Tax (8.75 %) 1,936.88 2,162.30 Total $30,261.20 ,.,.„a a, Quote expires 30 days from the quote date. customer s signature anu a au-/o utyusn iaquuou Lu P1 V�V ­ _. I •._ _-,-1 agrees to prices, specifications, standard terms & conditions of sale. Out -Fit's standard terms and conditions can be viewed at www.out - fit.net or by faxing a request to 805 - 426 -8120. All orders are to be treated as custom and made to order. All orders are FOB from Out -Fit's facility. Freight, Delivery and Installation quotes are estimates and are subject to change as a result of a site survey. Additional fees may apply. Signature Print Name Date Title Out -Fit Proudly Represents Precor, True, Power Plate, Stairmaster, Keiser, Hoist, Octane and others 096 A#UT--wF1T equipment for a healthy lifestyle. Out -Fit is the premier consultation, design, and product company for fitness facilities throughout the West Coast. Out -Fit's expert team provides excellence in customer service and support for their clients from the conceptual design phase of a fitness facility, through installation, and beyond. Out -Fit serves a diverse market with local level sales consultants to handle your comprehensive needs. Out -Fit Services: -On -site Consultation - Budgets and Facility Planning - Custom Room Layout and CAD Design - Equipment and Flooring Selection - Professional Delivery and Installation - Service and Routine Maintenance Markets Out -Fit Serves: - Corporate Wellness - Hospitality - Police and Fire - Health Care - Schools Out -Fit Products: -Spa and Resorts - Multi - Family Housing - Personal Training Facilities - Country Clubs -And More Out -Fit partners with the most respected brands in the industry, including Precor, Stairmaster, Octane, True, Hoist and Powerplate. We're often the first in the Nation to carry their most cutting -edge products giving our customers their first choice in fitness equipment. For more information visit us at www OUT FIT.net T 0 () . 1 RPRErGR 0 COMPLETE FITNESS SOLUTIONS EQUIPMENT I ENTERTAINMENT I TECHNOLOGY I SERVICES For nearly three decades, Precor has driven fitness forward. They continue that heritage every day by advancing what's possible in design, innovation, end -user experience, and service — all so people keep coming back and moving forward on their fitness journey. Founded in the Seattle,WA area in 1980, they have continuously redefined their levels of innovation. Every piece of fitness equipment they build combines essential reliability, ease -of -use, and solid construction with smooth, flowing, and precise motion. Precor has done more than simply introduce new products; they've introduced entirely new categories, including the first elliptical trainer,the Elliptical Fitness Crosstrainer (EFX), in 1995, along with the award - winning Adaptive Motion Trainer (AMT} in 2007, which both have shaped an industry and captivated fitness enthusiasts of all ages and ability levels. They are the chosen fitness equipment provider to health clubs, hotels, spas, universities, and individuals across the globe. In a recent survey* of 150 health club operators, they were ranked #1 in 12 of 14 categories including quality, reliability, ease -of -use, consumer excitement, adding value to business, and after sales service. *Source: IHRSA Benchmarking Survey of 400 U.S. facilities. Ranking top 8 manufacturers .. AMER SPORTS 4 �� SALOMON iJr7 Wifaon. SUUNTO ATCti41 /C '1/PRECOR nacreanc Precor is part of the Amer Sports Corporation, one of the leading sporting goods companies in the world, with a strong brand portfolio comprising Wilson, Atomic, Su unto, Salomon, Arc'teryx and Mavic. They operate their production, distribution and a headquarters facility near Seattle, with offices in the UK, Germany, Benelux, Spain, France, Switzerland, Austria, Italy, Japan and China. Out -Fit + Precor:As the exclusive Precor distribution partner in California and Las Vegas, Out -Fit customers can count on having access to the full range of Precor products. From intuitive, durable and easy -to -use cardio products that include ellipti- cals, treadmills, bikes and the Adaptive Motion Trainer@ (AMT ®), to strength products designed to meet the fitness goals of fitness center users of all levels, and entertainment options that will keep users engaged throughout their workout. 098 AOUT--wFIT equipment for a healthy lifestyle. • CrossRampt Technology 20 different settings • Ramp Angle 13 -40° • upper Body Handlebars • "20 Resistance levels' • Foot pedals - polypropylene plastic and self draining • Heart rate sensors on handlebars • Drink and accessories holder • Transport wheels • Covers, removable for easy servicing • 10 Programs • Self powered • • • Console features a a Large LED display, Muscle Monitor, Numeric 41 P t 0 Keypad, Quickstart, and Motion Controls r AOUT--mFIT Fitness equipment for a healthy lifestyle. • CrossRamp(D Technology 20 different settings • Ramp Angle 13.40' • Upper Body Handlebars Heart rate sensors on handlebars • Foot pedals -polypropylene plastic and self draining • 15 programs Drink and accessories holder Transport wheels • Covers, removable for easy servicing • Personal Viewing Screen (Optional) • Self powered Comolle Features LED, Muscle Monitor, Numeric Keypad, Quickstart, and Motion Controls # f x H. 80" x 32' x 68' it: 338lbs, AOUT--w1,FIT equipment for a healthy lifestyle. • Dual independent movement arms feo- tune upper pivots to accommodote arm lengths and can be set to 13 starting positions over a 1 20- degree range. Weight stock offset to user's right for the most convenient access. • Ratcheting seat adjustments require only, a lift to release the lever. Handles include'' slip- resistant rubber sleeves with machined alloy end - caps. Adjustment points are highlighted with a contrasting color'' for ease -of -use. r . • Weight Stack 260 Ibs (119 kg). ' ' • 4, Lxw Woo AOUT-.,wFIT Fitness equipment for a healthy lifestvle. • 11 gauge (.120 " ") and 7 gauge (.188 " ") 2x4-inch bent electroweld steel tubing. Abrasive grit pre-finish with elec- trostaiticolly applied, heat -cured powder coat. • The thigh pad adjustment will accom- modate a wide variety of users and the handles can be easily interchanged. • Standard weight stack 250 lbs / 114 kg • Heavy weight stack 300lbs, 1316 k9 Pit r frame: 10 years Wear i"s: 6 months Paris: 5 years Other (including hand grips, end caps, cables, selector pins, shrouds): I years Labor. 1 year „O000PUT--v,,FIT Fit... equipment for a healthy lifestyle. # o '941, STA, LxWxH: 500x290x78” Weight 4091bs. FLOORING QUOTES VENDOR TILE - QUOTE THE FITNESS STANDARD -24" X 24" UltraTile (20% Color $5,962.50 (Rep: George Baralich) TBD) Unit Price: $26.50 -Tile Dowels (6 per tile) Unit Price: $0.50 $675.00 - Transition Ramps (2 @ $45.00) $90.00 - Installation $1,300.00 - Freight Charges $2,579.08 + $588.66 Tax TOTAL: $11,195.24 Details Does NOT include removal /disposal of current tiling or the moving of equipment to facilitate new installation. Quote requires that all equipment be moved out of space prior to install. Does not include wainscoting. FITNESS Et FLOORING -24" X 24" UltraTile (20% Color $5,200.00 CONCEPTS TBD) Unit Price: $26.00 (Rep: Scott O'Connell) -Tile Dowels Unit Price: $0.30 $360.00 -Ultra Reducer (Transition (2 @ $40.00 $20.00) -Cove base 4" (optional) $200.00 - Wainscoting 24" (optional) $200.00 -Tile removal /disposal $500.00 - Fitness Equipment Move $400.00 -Tile Installation $800.00 - Wainscoting Rubber Installation $150.00 - Freight Charges Tile $1,215.00 - Freight Charges Rubber $100.00 + $801.94 Tax TOTAL: $9,966.94 Details DOES include removal/ disposal of current tiling and the moving of equipment to facilitate new installation. Quote also includes two different wainscoting options (4" or 24 ") around the circumference of the room to protect walls. Manufacturer's product warranty: 15 years Workmanship warranty: 1 year FIRST SERVICE - Sportmat Interlocking Tiles $2,596.00 (Contact /Liaison: Michelle Unit Price: $29.50 Crumm) - Freight Charges (Estimated) $388.00 + $261.00 Tax TOTAL: $3,245.10 By V. White July 2011 1014" V 14" Details Product not the same quality as the UltraTile offered by the other two vendors. Does NOT include removal/ disposal of current tiling or the moving of equipment to facilitate installation. Does NOT include installation charges or any wainscoting. `This company actually uses Fitness Et Flooring Concepts (the second quote vendor) for installation. 105 By V. White July 2011 VENDOR ROLLOUT - QUOTE FITNESS Ft FLOORING CONCEPTS - Everlast Rubber Floor in Grippin $1,600.00 (Rep: Scott O'Connell) Grey, Unit Price: $2 per sq. ft. -EGrip Flooring Adhesive $290.00 - Transition Rubber $15.00 -Cove base 4" (optional) $200.00 - Wainscoting 24" (optional) $200.00 -Tile removal /disposal $500.00 - Fitness Equipment Move $400.00 -Tile Installation $800.00 - Wainscoting Rubber Installation $150.00 - Freight Charges (Estimated) $150.00 + $376.69 Tax TOTAL: $4,681.69 Details DOES include removal/ disposal of current tiling and the moving of equipment to facilitate installation. Quote also includes two different wainscoting options (4" or 24 ") around the circumference of the room to protect walls. "Rubber rollout is not as durable as tiling (product warranty is 3 years vs. 15 years). If flooring is damaged in anyway, it can not be replaced as easily as tiling. Also, rollout requires glue /adhesive which may cause issues if flooring surface retains moisture. Floor would need to be tested and require treatment prior to install (at additional cost). Manufacturer's product warranty: 3 years Workmanship warranty: 1 year FIRST SERVICE -X -Duty Roll, Black Rubber $1,600.00 (Contact/Liaison: Michelle - Urethane Adhesive, 5 gallon (2) $324.00 Crumm) - Urethane Adhesive, 2 gallon (1) $90.00 - Freight Charges (Estimated) $495.00 + $219.54 Tax TOTAL: $2,728.54 Details Does NOT include removal/ disposal of current tiling or the moving of equipment to facilitate installation. Does NOT include installation charges or any wainscoting. *This company uses Fitness Et Flooring Concepts (the second quote vendor) for installation. *Rubber rollout is not as durable as tiling (product warranty is 3 years vs. 15 years). If flooring is damaged in anyway, it can not be replaced as easily as tiling. Also, rollout requires glue /adhesive which may cause issues if flooring surface retains moisture. Floor would need to be tested and require treatment prior to install (at additional cost). By V. White July 2011 106 Fitness & Flooring Concepts 636 Laurel Ave Upland, CA 91786 LIC #870272 909 982 -2236 FAX: 909 982 -6798 Name /Address El Segundo Police Dept 348 Main St El Segundo CA 90245 -3813 Attn: Valerie White Estimate Date Estimate # 8/4/2011 679 Page 1 10 Terms Rep 50% Down, 50 %... SOC Item Qty Description List Price Price Total RUBBER FLOOR EL02 GRIP... 800 Everlast Rubber Grippin Grey 5/16" x 48" @ 10% 2.00 1,600.00T Speckle, per square foot AC1004 2 EGrip III Adhesive, 4 gallon 145.00 290.00T TEAROUTF... Tear out 3/8" rubber on floor and disposal 500.00 500.00 EQUIPMEN... Fitness Equipment Move 400.00 400.00 COVE BAS... 100 Cove base 4 ", per linear foot, black (material & 2.25 2.00 200.00T labor) TCAP TRA... 6 TCap transition from rubber floor to carpet, per 2.50, 15.00T linear foot RUBBER F... Rubber Flooring Installation 800.00 800.00 RUBBER UP THE WALL @ 24" HIGH EL02 GRIP... 100 Everlast Rubber Grippin Grey 5/16" x 48" @ 10% 2.00 200.00T Speckle, per square foot WAINSCOA... Wainscoat Rubber Coving Installation 150.00 150.00 FREIGHT Freight Charges 150.00 150.00 Thank you for considering Fitness & Flooring Concepts for your flooring needs. Have a great day! Subtotal Sales Tax (8.25 %) Total Page 1 10 Fitness & Flooring Concepts 636 Laurel Ave Upland, CA 91786 LIC #870272 909 982 -2236 FAX: 909 982 -6798 Name / Address El Segundo Police Dept 348 Main St El Segundo CA 90245 -3813 Attn: Valerie White Estimate Date Estimate # 8/4/2011 679 } Page 2 108: i } Terms Rep 50% Down, 50 %..; SOC Item Qty Description List Price Price Total PRICES GOOD UNTIL 9/4/11 Thank you for considering Fitness & Flooring Concepts for your flooring needs. Have a great day! Subtotal $4,305.00 Sales Tax (8.25 %) $190,17 Total $4,495.17 Page 2 108: i } Fitness & Flooring Concepts 636 Laurel Ave Upland, CA 91786 LIC #870272 909 982 -2236 FAX: 909 982 -6798 Name / Address El Segundo Police Dept 348 Main St El Segundo CA 90245 -3813 Attn: Valerie White Estimate Date Estimate # 8/19/2011 682 Page 1 Terms Rep 50% Down, 50 %..: Soc Item Qty Description List Price Price Total ULTRA TILE EUT1002ARG 200 Everlast Ultratile Grippin' Grey @ 20 %, 1" x 24" 26.00 5,200.00T x 24" EL46, ea AC2000 1,200 Black Nylon Dowel Pin, ea 0.30 360.00T EUR2002ARG 2 Everlast Grippin' Grey @ 20% Ultra Reducer, 1" 20.00 40.00T x 4" x 4811, ea COVE BAS... 100 Cove base 4 ", per linear foot, black (material & 2.00 200.00T labor) TEAROUTF... Tear out 3/8" rubber on floor and disposal 500.00 500.00" EQUIPMEN... Fitness Equipment Move 400.00 400.00 RUBBER F... Rubber Flooring Installation 800.00 800.00 FREIGHT Freight Charges Ultra Tile 1,215.00 1,215.00 WAINSCOAT @ 24" HIGH EL02 GRIP... 100 Everlast Rubber Grippin Grey 5/16" x 48" @ 10% 2.00 200.00T Speckle, per square foot WAINSCOA... Wainscoat Rubber Coving Installation 150.00 150.00 Thank you for considering Fitness & Flooring Concepts for your flooring needs. Have a great day! Subtotal Sales Tax (8.25°/x) Total Page 1 Fitness & Flooring Concepts 636 Laurel Ave Upland, CA 91786 LIC #870272 909 982 -2236 FAX: 909 982 -6798 Name /Address El Segundo Police Dept 348 Main St El Segundo CA 90245 -3813 Attn: Valerie White Estimate: Date Estimate # 8/19/2011 682 Page 2 �1� Terms Rep 50% Down, 50 %... SOC Item Qty Description List Price Price Total FREIGHT Freight Charges Rubber 100.00 100.00 PRICES GOOD UNTIL 9/19/11 EXCLUSIONS - MAJOR FLOOR PREP ($50 PER BAG INCLUDES LABOR) - SELF LEVELING (TBD) - CONCRETE SEALER - CUTTING OF DOOR(S) Thank you for considering Fitness & Flooring Concepts for your flooring Subtotal needs. Have a great day! $9,165.00 Sales Tax (8.25 %) $495.00 Total $9,660.00 Page 2 �1� U1traTileTM (Patent No. 6,623,840) Designed with a patented "Ultra" wear layer to provide unlimited design options, Everlast UltraTiles offer a new brand of visual excitement to any fitness facility or club interior. UltraTile now has 16 standard designs, chosen specifically to coordinate with fitness equipment as well as other flooring options. By featuring a pedestal underside, these tiles help prevent cable clutter by routing fitness equipment wiring beneath the surface. The modular 2' x 2' x I" tiles can be placed over your existing floor, saving time and money. These tiles are easier and faster to install than traditional glue down floors because no adhesive is needed. In addition, the unique dowel rod fastening system gives you the ability to quickly move or replace tiles as desired. In order to withstand equipment and free weights, these tiles are durable. The 1" thick footed tiles are engineered to provide the ultimate in durability. In addition, they surpass the noise and shock absorption qualities of any other fitness floor. UltraTile can withstand the constant dropping of weights and pounding of equipment without showing wear and tear. .2'x2'xl"file • Extremely durable • Modular • Sound and shock absorbent • Pedestal feet hide electrical cords • Slip resistant wet or dry • Made in the USA • Can contribute toward earning up to 12 LEED points • Custom colors and logos • Easy installation and maintenance • Low life cycle costs Discontinued Pattern Notification Effective January 1, 2012, the following patterns will be discontinued from the Everlast line: EL37 Heavy Metal EL39 Just Beet It EL56 Old Soles EL65 Cut Me Mick EL66 Power Barr EL68 Some Like It Hot EL84 Paladin's Blue EL94 Egg Whites EL95 Dead Lift EL96 Warning Track These patterns will still be available at full cylinder increments after January 1st or as soon as the current inventory of these patterns is depleted, whichever comes first. Please contact your local agent with any questions or for availability. 111 Quoted To: 18092 SKY PARK SOUTH, SUITE 8 Irvine, CA 92614 TOLL fnEE: 866.697,8560 FAX: 949.863.1947 El Segundo Police Department Valerie White 348 Main Street El Segundo, CA 90245 -3813 Ship To: El Segundo Police Department Valerie White 348 Main Street El Segundo, CA 90245 -3813 Sales Quote Date Quote # 8/15/2011 2224 Account # Good Thru Terms FOB Rep POC Item Description Qty Unit Price Quote Total UltraTile 20% 24" x 24" x 1 "UltraTile # 20% Color:TBD 225 26.50 5,962.50T Dowels Tile dowels. 6 per tile. 1,350 0.50 675.00T UltraTile Ramp UltraTile Transition Ramp. 4" x 48" Color: TBD 2 45.00 90.00T INST- GLUE - EVE... Installation Doweled Tiles. 1 1,300.00 1,300.00 Lead Time Lead Time to Process Order prior to Shipment: Kindly 0.00 allow 4 -5 weeks Delivery Date Proposed Delivery Date a time of Quotation: TBD 0.00 O.00T Conditions Substrate is in suitable condition. O.00T Floor will be free of other Subs. and all equipment during install. Quote is based on site inspection. Warranty Product Warranty - Manufacturer 3 Years 0.00 Shipping & Handl... Shipping & Handling 1 2,579.08 2,579.08 Subtotal $10,606.58 Sales Tax (8.75 %) $588.66 Quote Total $11,195.24 www.FitnessStandard.com August 11, 2011 QUOTE #TH081165 Quote: ROLLED RUBBER FOR EL SEGUNDO POLICE (Qty SKU Description Unit Price Ext Amt 800. SF SS -1553 X -Duty Roll, Black, 48" W x 3/8" Thick 2.00 1,600.00 2. Ea SS -1570 One -Part Urethane Adhesive, 5- Gallon Pail 162.00 324.00 Coverage: 350 SF /Pail 1. Ea SS -1571 One -Part Urethane Adhesive, 2 -Gal 90.00 90.00 Approximate Coverage: 70 SF /Gal MATERIALS SUBTOTAL $2,014.00 MATERIALS TOTAL $2,014.00 SALES TAX @ 7.250% (LOS ANGELES COUNTY) $146.02 FREIGHT CHARGES (ESTIMATED) $495.00 TOTAL $2,655.02 Billing Address Shipping Address FOUNDATION FITNESS POLICE DEPT. LOS ANGELES EL SEGUNDO, CA 90245 LOS ANGELES, CA 90014 See next page for TERMS AND CONDITIONS OF SALE. Phone 707.781.1960 *Toll Free 800.227.1742 *Fax 800.809.9172 1 of 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 www.clubstuff.com *License #823878 August 11, 2011 QUOTE #TH081165 TERMS AND CONDITIONS OF SALE (QUOTE #TH081165 Freight charges are based on delivery to EL SEGUNDO, CA 90245 and are subject to change if delivery is to another location. Freight charges are also subject to change if additional services (such as power liftgate service, 24 -hour call ahead notice, etc) are requested after this quote has been accepted. Delivery timeframe: 3 week(s) from date of order. We do not collect district tax for customers outside of Sonoma County, CA. If you are in a location that imposes district tax in addition to the standard California rate of 7.25 %, you are responsible for reporting this district portion as "use tax" on your sales tax return. Offloading of materials from the delivery truck is the responsibility of the customer, not the truck driver. If you have any related questions or concerns, or if you need specific additional services (such as a 24 -hour call ahead notification prior to delivery, delivery on a truck equipped with a power liftgate, inside delivery service, etc) First Service must be notified of these requirements prior to acceptance of order, as additional charges do apply. Payment terms: Terms Not Established This quote supersedes any and all previous written or verbal quotes. Materials pricing is valid for 30 days from the date shown at the top of this page. Please verify the billing and shipping addresses as shown on the following Order Confirmation page. Additional shipping charges and /or reconsignment charges may apply if correct shipping address is not provided AT TIME OF ORDER. Examine all shipments promptly upon receipt, and notify us of freight damage and /or shortage within five (5) calendar days of receipt. Claims of damage and /or shortage will be deemed invalid unless reported within this time period. Any portion of the invoice associated with this proposal not paid within the specified payment terms shall be subject to a finance charge of 1 -1/2% per month (18% per year) until paid in full. No shipments will be made to past due accounts. If First Service (a division of Straightline Enterprises, Incorporated) initiates any action at law or in equity, to enforce or interpret the provisions of this proposal, or even if it retains any attorney for such purpose, whether or not suit is initiated, the party prevailing in such action or dispute will be entitled to its reasonable attorney's fees incurred, in addition to costs of suit or collection. This agreement shall be governed by the laws of the State of California, no matter where it is determined that the agreement was entered into. And any action brought to enforce or interpret any term of this agreement must be commenced in the appropriate court of the County of Sonoma, State of California, and no other court or jurisdiction. Please complete the following ORDER CONFIRMATIONpage and return by fax to (800) 809 -9172. Phone 707.781.1960 *Toll Free 800.227.1742 •Fax 800.809.9172 2 of 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 114 www.clubstuff.com *License #823878 August 11, 2011 QUOTE #TH081165 ORDER CONFIRMATION I have reviewed and understand First Service quote # TH081165. I acknowledge that my signature below constitutes a firm order for all products and /or services included in quote # TH081165, subject to all terms and conditions of sale as listed on the previous page. Order Total: $2,655.02 Payment Terms: Terms Not Established Deposit Amount: $0.00 Method of Payment: Terms Shipping Method: Truck Delivery Timeframe: 3 week(s) from the date of order. Special Instructions: None Billing Address Shipping Address FOUNDATION FITNESS POLICE DEPT. LOS ANGELES EL SEGUNDO, CA 90245 LOS ANGELES, CA 90014 Contact Person: MICHELLE CRUMM Phone Number: (310) 944 -4457 Fax Number: PLEASE PROVIDE THE FOLLOWING INFORMATION Company Name: Your Name and Title: Signature: Order Date: Comments: Your Purchase Order Number: See previous page for TERMS AND CONDITIONS OF SALE. Phone 707.781.1960 •Toll Free 800.227.1742 *Fax 800.809.9172 3 of 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 115 www.clubstuff.com *License #823878 uote: SPORTMAT, INTERLOCKING, BLACK, 3/8" QtV SKU Description 88. Ea DF -1010 Sportmat, Interlocking, Black, 3/8" 37" x 37" x 3/8" Thick August 15, 2011 QUOTE #TH081550 Unit Price Ext Amt 29.50 2,596.00 MATERIALS SUBTOTAL $2,596.00 MATERIALS TOTAL $2,596.00 SALES TAX @ 7.250% (LOS ANGELES COUNTY) $188.21 FREIGHT CHARGES (ESTIMATED) $388.00 TOTAL $3,172.21 Billing Address Shipping Address FOUNDATION FITNESS EL SEGUNDO POLICE LOS ANGELES EL SEGUNDO, CA 90245 LOS ANGELES, CA 90014 See next page for TERMS AND CONDITIONS OF SALE. Phone 707.781.1960 *Toll Free 800.227.1742 •Fax 800.809.9172 t o 3 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 www.clubstuff.com •License #823878 August 15, 2011 QUOTE #TH081550 TERMS AND CONDITIONS OF SALE (QUOTE #TH081550) Freight charges are based on delivery to EL SEGUNDO, CA 90245 and are subject to change if delivery is to another location. Freight charges are also subject to change if additional services (such as power liftgate service, 24 -hour call ahead notice, etc) are requested after this quote has been accepted. Delivery timeframe: 1 -2 week(s) from date of order. We do not collect district tax for customers outside of Sonoma County, CA. If you are in a location that imposes district tax in addition to the standard California rate of 7.25 %, you are responsible for reporting this district portion as "use tax" on your sales tax return. Offloading of materials from the delivery truck is the responsibility of the customer, not the truck driver. If you have any related questions or concerns, or if you need specific additional services (such as a 24 -hour call ahead notification prior to delivery, delivery on a truck equipped with a power liftgate, inside delivery service, etc) First Service must be notified of these requirements prior to acceptance of order, as additional charges do apply. Payment terms: Terms Not Established This quote supersedes any and all previous written or verbal quotes. Materials pricing is valid for 30 days from the date shown at the top of this page. Please verify the billing and shipping addresses as shown on the following Order Confirmation page. Additional shipping charges and /or reconsignment charges may apply if correct shipping address is not provided AT TIME OF ORDER. Examine all shipments promptly upon receipt, and notify us of freight damage and /or shortage within five (5) calendar days of receipt. Claims of damage and /or shortage will be deemed invalid unless reported within this time period. Any portion of the invoice associated with this proposal not paid within the specified payment terms shall be subject to a finance charge of 1 -1/2% per month (18% per year) until paid in full. No shipments will be made to past due accounts. If First Service (a division of Straightline Enterprises, Incorporated) initiates any action at law or in equity, to enforce or interpret the provisions of this proposal, or even if it retains any attorney for such purpose, whether or not suit is initiated, the party prevailing in such action or dispute will be entitled to its reasonable attorney's fees incurred, in addition to costs of suit or collection. This agreement shall be governed by the laws of the State of California, no matter where it is determined that the agreement was entered into. And any action brought to enforce or interpret any term of this agreement must be commenced in the appropriate court of the County of Sonoma, State of California, and no other court or jurisdiction. Please complete the following ORDER CONFIRMATIONpage and return by fax to (800) 809 -9172. 117 Phone 707.781.1960 •Toll Free 800.227.1742 *Fax 800.809.9172 2 of 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 www.clubstuff.com *License #823878 August 15, 2011 QUOTE #TH081550 ORDER CONFIRMATION I have reviewed and understand First Service quote # TH081550. I acknowledge that my signature below constitutes a firm order for all products and /or services included in quote # TH081550, subject to all terms and conditions of sale as listed on the previous page. Order Total: $3,172.21 Payment Terms: Terms Not Established Deposit Amount: $0.00 Method of Payment: Terms Shipping Method: Truck Delivery Timeframe: 1 -2 week(s) from the date of order. Special Instructions: None Billing Address Shipping Address FOUNDATION FITNESS EL SEGUNDO POLICE LOS ANGELES EL SEGUNDO, CA 90245 LOS ANGELES, CA 90014 Contact Person: MICHELLE CRUMM Phone Number: (310) 944 -4457 Fax Number: PLEASE PROVIDE THE FOLLOWING INFORMATION Company Name: Your Name and Title: Signature: Order Date: Comments: Your Purchase Order Number: See previous page for TERMS AND CONDITIONS OF SALE. Phone 707.781.1960 *Toll Free 800.227.1742 *Fax 800.809.9172 1 �r1'3 737 Southpoint Boulevard, Suite D, Petaluma, CA 94954 a www.clubstuff.com *License #823878 Page 1 of 2 White, Valerie (Officer) From: Michelle Crumm [MCrumm @foundationfitness.net] Sent: Friday, August 19, 2011 9:14 AM To: White, Valerie (Officer) Subject: Fwd: Flooring Quotes Attachments: image001 Jpg; ATT00001.htm; image002.gif; ATT00002.htm; image003Jpg; ATT00003.htm; STRIDE FITNESS TILES.pdf; ATT00004.htm Hi there. See below! Sent from my iPhone Begin forwarded message: From: "Tom Helms" <thelms a cl_u_bstuff.com> To: "Michelle Crumm" < MCrumm@foundationfitness.net> Subject: RE: Flooring Quotes Good morning Michelle, Yes I can answer your questions. Yes - We can provide an installation cost and yes that can include removal and disposal of existing tile / floor and the moving around of weight equipment during installation. Yes all of our installers are licensed and insured. Dinoflex has a 10 year limited warranty - The X -duty rolled flooring has a 5 year limited warranty. While we do not have Ultra Tile we offer a similar product from Dinoflex Stride Fitness Tiles SEE ATTACHED. Your cost for the 24" x 24" x 1 -1/2" is $ 22.55 per tile, The warranty for Stride is 5 year limited. I have contacted our installation crew in your area and should have numbers by the end of the day Please call with questions thank you Tom Helms First Service - - - -- Original Message---- - From: Michelle Crumm [mailto :MCrumm @foundationfitness.net] Sent: Wednesday, August 17, 2011 12:58 PM To: Tom Helms Subject: Fwd: Flooring Quotes Hi Tom Can you answer these questions? Sent from my iPhone 119 9/29/2011 Page 2 of 2 Begin forwarded message: From: "White, Valerie (Officer)" < vwhitegelsegundo _org <mailto_vwhite@else_gundo.o rg» Date: August 17, 2011 12:28:27 PM PDT To: Michelle Crumm <MCr..ummfo_undatonfi_tn_ess net< mailto .MCrumm @foundatlon_fitness.net» Subject: RE: Flooring Quotes Hi Michelle, Thanks for getting back to me with the quotes so quickly. I have a few questions for you.... What do they charge for installation? What are their fees for removal /disposal of our existing tiles? What are their fees for moving equipment around during installation? Are they licensed /insured? What is the warranty on the quoted products? And do they carry the "Ultra the ?" Thank you! Valerie White Administration Officer El Segundo Police Department 348 Main Street El Segundo, CA 90245 vwhite -. else undo.org <mailto :vwhitenelse rundo or,> 310 -524 -2278 From: Michelle Crumm [ mailto :MCrumm @foundationfitness.net] Sent: Monday, August 15, 20112:21 PM To: White, Valerie (Officer) Subject: Flooring Quotes Hi Valerie, Attached are the two options of flooring quotes. Note they have different tile measurements but these are good options to cover your space! Thanks! [cid: 140534214@1 9082011- 2e79] <http :/ /foundation- fitness._n_et /> MICHELLE (CRUMM) MILLS Territory Manager, So. CA & AZ T: 310.944.4457 F:310.634.0335 mcrumm @_oundationftness. net <_mailto:nlelan iecr�,foundation fitness.n_et> www foundati...... n_ess. net< http: //www.fo__undation- Ftness.net /> [cid:140534214@ 19082011 -2e80] "Get to know Foundation Fitness, your Intelligent Fitness Solution!" [cid:140534214@ 19082011- 2e87] <http: / /www.facebook com /FoundationFitness> -)O 9/29/2011 OBB . . . . . . . . . . . . . . Stride FITNESS TILES ��r x. I • Sound Absorbing • Slip Resistant • Impact Absorbing • Interlock System • Stain Resistant Ir 11 • Durable • Minimal Maintenance • Easy to Install • Qualifies for LEED CREDITS DINOFLEX GROUP LP standard colors BLACK RED BLUE BEIGE GREY RED /GREY BLUE/GREY BEIGE /BROWN AMAZON MOJAVE premium colors ADRIATIC GREEN #19 Available upon request. 23 EPDM colors to choose from. These color choices available in 20 %, 50% and 90% speckled. One, two and three color combinations are available. Minimum order for Premium & Custom colors: 24 tiles. Must be ordered in 4 tile multiples. Please select color based on actual samples. accessories specif ications STANDARD SIZE: 24" x 24" = 4 sq.ft. 44194"fto 61 cm x 61 cm = 0.37m2 TYPICAL THICKNESS: 1.5" / 38 mm INSIDE OUTSIDE WEDGE NOTE: All measurements are subject to nominal variation. For complete CORNER CORNER specifications and technical data, please visit www.dinoflex. com D � INOFLEX GROUP LP RECYCLED RUBBER SURFACING P.O. Box 3309 5590 - 46th Avenue S.E. Salmon Arm, B.C. . , V1 E 4S1 CANADA www.dinoflex.com 01/10 TEL (250) 832 -7780 FAX (250) 832 -7788 TOLL FREE 1- 877 - 713 -1899 EMAIL info @dinoflex.com ecdcorecard' " REPRESENTED BY: 122 GYM CONVERSION QUOTE COMPARISON Tardio Equipment *Weight Machines *Weight /Misc. Racks *Dumbbells / Weight Discs *Medicine Balls EQUIPMENT FreeMotion Foundation Out -Fit Lowest Fitness Price CARDIO EQUIPMENT $3,959.34 $4.837.10 Foundation StairMaster Stepmill X Fitness Elliptical: Dual FreeMotion Matrix E5Xc -02 Precor EFX835 N/A Action Elliptical $3,295 $3,776.85 $5,768.66 (Two: $6,590) Elliptical: Precor EFX833 N/A Fixed Handrail X X $5,022.39 Elliptical: Matrix A5X -02 N/A Ascent Trainer X $5,576.90 X WEIGHT MACHINES FreeMotion Dual $3,571.75 $3,899.00 FreeMotion Cable Cross (Two: $7,143.50) (Two: $7,798.00) X Squat Rack EPIC Olympic Squat Rack FreeMotion Squat Rack $999.00 X $895.00 Lat Machine EPIC Lat /High EPIC Lat /High Precor Icarian FreeMotion Row Row Pulldown(2501b) $2,076.75 $2,556.00 $2,520 (300lb stack + $181.82) Fly /Rear Delt EPIC Fly /Rear EPIC Fly /Rear Precor C -line FreeMotion Machine Delt Delt Rear Delt /Fly $2,271.75 $2,796.00 $3,452.05 Rope Climber Marpo Kinetics N/A X X V250 Viper $2,930.00 WEIGHT /MISC. RACKS EPIC Twin Tier EPIC Twin Tier FreeMotion Dumbbell Rack $525.00 $649.00 X (Two: $1,050.00) (Two: $1,298.00) Medicine ST Performance ST Performance FreeMotion Ball Rack Series 10 Tree Series 10 Tree X 12 By V. White July 2011 1 "r-111 By V. White July 2011 $165.00 $189.00 Kettlebell ST Performance ST Performance FreeMotion Rack Series Rack Series Rack X $299.00 $349.00 Olympic Plate EPIC Olympic Rack Plate Et Bar Rack $291.85 Olympic Bar Chrome Oxide Bar $260.00 DUMBBELLS Et WEIGHT DISCS ZVO Series ZVO Series FreeMotion Heavy Dumbbells Rubber Dumbbell Rubber Dumbbell X (101bs- 105tbs, 5lb Total: $3,181.20 Total: $3,566.00 increments, 2 of each) (Missing 951b set) ZVO Series Urethane Dmbl Total: $3,744.40 Light ZVO Series ZVO Series Dumbbells Rubber Tribells Rubber Tribells X (21bs -81bs, 21b Total: $44.00 Total: $78.00 increments, 2 of each) ZVO Series Urethane Tribells Total: $66.00 Bumper Discs ZVO Series ZVO Series FreeMotion 5lb(4),101b(6), Bumper Discs Bumper Discs X 25lb(4), 351b(4), Total: $838.00 Total: 1,040.00 451b(6) (waiting for 5's) MEDICINE BALLS ZVO Series Solid ZVO Series Solid FreeMotion Classic Medicine Ball (8lbs- 16tbs, 21b Medicine Balls Medicine Balls X increments, 1 of each) Total: $131.00 Total: $176.00 Core ZVO Series Solid ZVO Series Solid FreeMotion Rotation Ball Medicine Balls Medicine Balls X (81b Er 141b) Total: $55.00 Total: $79.00 1 "r-111 By V. White July 2011 EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to authorize the City Manager to execute a Takeover Agreement with First National Insurance Company of America in a form approved by the City Attorney to complete construction of the Beach Bathroom Facility and Lifeguard Station at El Segundo Beach Project PW 10 -09. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute a Takeover Agreement with First National Insurance Company of America, in a form approved by the City Attorney, to complete construction of Beach Bathroom Facility and Lifeguard Station at El Segundo Beach. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Within Existing Resources Amount Requested: $ 0 Additional Appropriation: No Account Number(s): ORIGINATED BY: Maryam M. Jonas, Principal Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: On December 7, 2010, City Council awarded a contract for the construction of a new El Segundo beach bathroom facility and lifeguard station to EMAE International, Inc. On August 2, 2011, the City Council authorized the City manager to terminate EMAE control over the construction of the project after EMAE declared bankruptcy. The Takeover Agreement allows the surety company, First National Insurance Company of America ( "Surety "), to complete the project using a different contractor to complete the project. The Takeover Agreement also waives the City's right to collect liquidated damages from the Surety for delays occurring before this agreement, and grant the Surety an additional 130 working days to complete the project. The Surety is required to complete the project for the original bid amount. 7 125 EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding salary and benefit concessions by the City's unrepresented group of Management /Confidential employees. (Fiscal Impact: Estimated FY 2011/2012 Savings of $264,906. RECOMMENDED COUNCIL ACTION: 1. Adopt the Resolution amending Chapter IA2 of the El Segundo Administrative Code 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution FISCAL IMPACT: Total Fiscal Impact: Savings of $264,906 Amount Budgeted: Additional Appropriation: None Account Number(s): ORIGINATED BY: REVIEWED BY: Mark D. Hensley APPROVED BY: Doug Willmore, City Manager r BACKGROUND AND DISCUSSION As part of the City's ongoing effort to address the structural budget deficit, it is recommended that the following salary and benefit concessions be approved for the Management/Confidential employees. These concessions represent a reduction in benefits and an increase in the employees' share of the PERS Member Contributions. The salary and benefit concessions are as follows: Non-safe1y Management /Confidential Employ • Shall pay three percent (3 %) of the PERS Member Contribution (EPMC). The City will pay the remaining four percent (4 %). • Shall reduce the deferred compensation match by one percent (1%). The City will continue to match at four percent (4 %). • Shall reduce the vacation buy -back from one hundred percent (100 %) of the maximum annual accrual to sixty five percent (65 %) of the maximum annual accrual. Safety Management /Confidential Employees • Shall pay four percent (4 %) of the PERS Member Contribution (EPMC). The City will pay the remaining five percent (5 %). • Shall reduce the deferred compensation match by one percent (1%). The City will continue to match at four percent (4 %). • Shall reduce the vacation buy -back from one hundred percent (100 %) of the maximum annual accrual to ten percent (10 %) of the maximum annual accrual. 8 RESOLUTION NO. A RESOLUTION PROVIDING FOR SALARY AND BENEFIT CHANGES TO CHAPTER IA2 (MANAGEMENT- CONFIDENTIAL SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE. The City Council of the City of El Segundo does resolve as follows: Section 1: Section IA2.120, Deferred Compensation Plan, is amended as follows: A Deferred Compensation Plan has been established as a benefit to Management - Confidential employees. Each Management - Confidential employee is eligible to participate in the Plan. Effective immediately, the City's annual matching contribution to the employees' deferred compensation shall be reduced from 5.0% to 4.0% of the employee's total pay, for all Management Confidential employees participating in City- approved deferred compensation plans. Employees who have reached the age of forty -seven or older can cash out one -third of all accrued leave at their regular rate of pay, up to the deferred compensation maximum "catch up" permitted by law, during the employees' last three years of employment. In no event can an employee cash -out a cumulative total greater than that permitted herein, and in no event shall the post- distribution leave balance be less than one hundred twenty hours. Section 2: Section IA2.146, Vacation Time Accrual — Payment in Lieu Of, is amended as follows: Effective immediately, Management /Confidential non - safety employees who have completed one year of service may receive cash payment in lieu of accrued vacation time up to a maximum of sixty five percent (65 %) of the annual accrual to which they are eligible for due to their length of service. Effective immediately, Management /Confidential fire safety employees (Battalion Chiefs) who have completed one year of service may receive cash payment in lieu of accrued vacation time up to a maximum of ten percent (10 %) of the annual accrual to which they are eligible for due to their length of service. Section 3: Section IA2.153, entitled "PERS Member Contribution" is added to the El Segundo Administrative Code as follows: Effective October 22, 2011, Management /Confidential employees shall pay three percent (3 %) of the PERS Member Contribution. Effective October 22, 2011, Management/Confidential fire safety employees (Battalion Chiefs) shall pay four percent (4 %) of the PERS Member Contribution. Section 4: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions, and make a minute of this adoption of the Resolution in the City Council's records and the minutes of this meeting. Section 5: This Resolution will become effective immediately upon adoption and PASSED AND ADOPTED this 18th day of October , 2011. Eric K. Busch, Mayor -a - CERTIFICATION 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 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 18th day of October, 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of , 2011. - 3 - Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney am Karl H. Berger Assistant City Attorney EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding 1) Approval of a revised Class Specification for the position of Police Officer (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve the proposed Class Specification for Police Officer. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Police Officer Class Specification with Revisions. FISCAL IMPACT: None ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst REVIEWED BY: Deborah Cullen A/ or f Finance/Human Resources Im APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: The California Commission on Peace Officer Standards and Training (herein after referred to as P.O.S.T.) sets minimum selection and training standards for California law enforcement agencies. In order to be eligible for a sworn Peace Office (Police Officer) position in the State of California, a candidate must have graduated from a P.O.S.T.- approved basic police academy. Once a sworn Police Officer passes his or her probationary period (minimum of 12 months) with a California Law Enforcement Agency, the candidate is granted a P.O.S.T. Basic Certificate. Currently, the Police Officer classification description for the City of El Segundo requires a P.O.S.T. Basic Certificate. The Police Officer Trainee job description does not require any specialized academy training or certification as the City puts candidates through the academy once they pass the background investigation and are hired on as a Police Officer. Hiring a candidate who is already paying their way through or has graduated from a police academy allows for a wider applicant pool of more experienced candidates, reduces costs to the City in terms of screening, testing, and training, and expedites hiring times. Based upon the current classification specifications, the City does not have the ability to recruit "academy graduate" Police Officers and pay them at the appropriate range. While agencies are allowed to set minimum standards higher than what P.O.S.T. required, Staff believes that allowing "academy graduate" candidates who have successfully passed the Basic Course (police academy) to apply for the Police Officer classification will increase opportunities for recruiting Officers and will also allow for recruitment efforts for out -of -state applicants. An out - of -state applicant who has fulfilled the P.O.S.T. "Basic Course Waiver" process will meet the minimum requirements under the proposed changes. 9 127 In addition to the recommended changes to the minimum requirements, Staff is also proposing changes to the "Special Requirements" section of the job description to fully articulate the requirements imposed by the special nature of the background and hiring process for Police Officer candidates. The special requirements recommended for the Police Officer classification are aligned with changes made to the Police Officer Trainee position and describe requirements for any sworn officer in the state of California. Additional recommended revisions are to add necessary language, re -order or clarify job duties and knowledge, skills, and abilities, and modify the formatting and wording to bring consistency with other City classification descriptions. On the attachment, strikethrough is used for deletions and underline is used for insertions. im Date adopted: 06/30/90 Revision Date: 10/18/11 CITY OF EL SEGUNDO POLICE OFFICER DEFINITION Under general supervision, performs law enforcement work in a community- oriented policing model through patrol crime prevention investigation community partnership and special assignment detail. , , Essential Functions Essential functions as defined under the Americans with Disabilities Act, may include the following duties and responsibilities knowledge skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and tasks performed by positions in this class. Characteristic Duties and Responsibilities: Exampkw,�4 D64686 Duties vary based upon assignment and may includeaaay4RGlde, but are not limited to, the following: . Patrols an assigned area and responds to calls for service searching for indicators of criminal activity, traffic and other law violations and threats to life and property, which may include conducting traffic stops; issuing warnings or citations: checking vehicles and observing occupants of vehicles; making field contacts; conducting preliminary and follow up investigations; preparing required reports; providing emergency medical care as necessary; observing monitoring, and directing traffic conditions; assisting and advising motorists; and enforcing laws. 2 —Makes arrests as necessary; serves warrants; interviews victims, complainants, and witnesses; interrogates suspects; gathers and preserves evidence; receives, searches, and books prisoners; fingerprints and transports prisoners; testifies and presents evidence in court. 3. Writes reports and field ReteG; may paFt*Gipate iR staff ; Aattends briefings, and training sessions and professional development activities. 4- Conducts neighborhood crime prevention programs; prepares and presents special programs to community groups and school classes designed to increase community awareness of police department service programs; prepares and gives presentations to school conferences and assemblies; conducts basic research and prepares reports regarding crime prevention systems and procedures. Communicates with members of the community to identify problems and needs of the area and make recommendations for improvements in safety and quality of life. 6—.Performs follow -up investigations of economic, property, person, or narcotics related crimes; evaluates crime reports and reviews criminal history information; makes recommendations regarding case disposition; prepares, obtains, and serves warrants; prepares and presents cases to the District Attorney's Office. Performs field training responsibilities including conducting on the iob field training, providinq mentoring and guidance and supervising and evaluating trainees. GGRGIUGti Rg, GFieRtatien, bFiefiRg . 6 Performs administrative functions related to personnel and training such as hiring, background investigations coordinating training and supervising and evaluating part -time non sworn staff.; 9—.Counsels victims, juveniles, and parents of juveniles; provides information and refers to other agencies for further assistance; maintains contact with local schools and the School Attendance Review Board. 4-B— Assists the public and answers questions; administers first aid and responds to calls for medical assistance; establishes and maintains good relationships with the general public. 44—.May participate in or be assigned to special assignments, programs, or teams eF dies -such as canine, detectives field training officer, range staff, customs, SWAT, specialized interagency task force, hostage negotiation or court liaison. Performs minor maintenance on assigned patrol vehicle, and other equipment. Perform other duties as assigned. QUALIFICATIONS GUIDELINES Education and /or Experience Graduation from high school or equivalent. ha6 provided the knowledge, skills, and abilities neGessary ter satisfaGtGFY jeb pei4errnaRGe. Graduation from a California P O S T approved Regular Basic Course (academy) at the time of appointment or successful completion of the P O.S.T. Basic Course Waiver examination process is required Acceptance of a waiver is at the discretion of the Chief of Police. Candidates may qualify and test for the position while currently enrolled in a P.O.S.T. approved academy, but eligible list placement is conditional and contingent upon successful academy graduation. Previous law enforcement experience is highly desirable. I�0 Special Requirements: Must be 21 years of age by the time of appointment. Must possess a valid California Class C driver license by the time of appointment. Must be a citizen of the United States or a permanent resident alien who is eligible and has applied for United States citizenship. Must be fingerprinted for purposes of search of local, state, and national fingerprint files to disclose any criminal records. Must be of good moral character, as determined by a thorough background investigation. Must be free of any felony convictions. Must be of proportional height to weight, be physically able to handle the rigorous duties of police work; possess normal hearing and color perception, minimum vision of 20/100 in each eye, correctable to 20/20. Prior to appointment, candidates must successfully complete a polygraph test, psychological and medical examination, and an extensive background investigation process. Smoking and /or the use of tobacco products on or off duty are prohibited as a condition of employment. Any visible tattoo(s), body art and /or body piercings are prohibited while performing department duties. Knowledge, Skills, and Abilities Considerable knowledge of Federal, State and City laws, ordinances, and department regulations related to policing, e.g. laws of arrest, rules of evidence, etc. Knowledge of modern law enforcement, iRs'Ud+Rg patrol, investigation, public relations, and , FegaFdhRg seaFGh, seizure, arrest, GVidGRGe, GE)6IFt PFGGedlAFGG, as well a6 legal Fight6 Of GitiZeR6 report writing practices and proceduresteGhn.4ues. Working knowledge of public relations techniques; interagency communication /assistance techniques and practices. Ability to learn, understand, _apply and interpret laws; and regulations, and rules as well as departmental policy and procedures;_ Ability to analyze situations quickly and objectively to determine the proper course of action; and cope with situations firmly, courteously and tactfully, and with respect for the rights of others. think ; Ability to observe accurately and remember faces, numbers, incidents, and places. Ability to prepare accurate and grammatically correct written reports. Ability to properly use and care for small firearms.; 131 Ability to obtain information through interview, interrogation, and observation.aav� r9latiGR6h+Ps; Knowledge of and ability to use computers, databases, and common software programs. Ability to make clear and concise radio transmissions. Ability to communicate effectively both orally and in writing. Ability to maintain effective working relationships with staff, supervisors, co- workers, other City employees, City officials, and the general public. 132 EL SEGUNDO CITY COUNCIL MEETING DATE: October 18, 2011 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding 1) Adoption of Resolutions for Employer Paid Member Contributions for Executives, Management & Confidential, Fire Management, Police Managers' Association, and Police Officers' Association Fiscal Impact: Estimated Savings for Fiscal Year 2011 -12 of $477,286. RECOMMENDED COUNCIL ACTION: 1. Approve the attached resolutions. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution for Employer Paid Member Contributions for Executives 2. Resolution for Paying and Reporting the Value of Employer Paid Member Contributions for Fire Management 3. Resolution for Paying and Reporting the Value of Employer Paid Member Contributions for Management /Confidential 4. Resolution for Paying and Reporting the Value of Employer Paid Member Contributions for Police Managers' Association and Police Officers' Association FISCAL IMPACT: 1) Estimated savings for Fiscal Year 2011 -2012 of $477,286. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst REVIEWED BY: Deborah Cullen, Director of Finance /Human Resources APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: The City contracts with Ca1PERS in order to provide retirement benefits to City employees. The contributions for retirement are broken up into the "Employer Contribution" and the "Employee Contribution." The Employer Contribution is different for Miscellaneous Employees and Safety Employees and fluctuates from year to year based upon an annual actuarial evaluation. The Employee Contribution remains constant at 7% for Miscellaneous Members and 9% for Local Safety Members. When a City chooses to pay all or a portion of the "Employee Contribution ", this is referred to as an Employer -Paid Member Contribution, or "EPMC ", because the Employer is paying the Member's Contribution on behalf of the employee. PERS requires that the City pass resolutions for the EPMC payment for each group or class of employment. While the phrase `EPMC" is commonly used to describe the full 7% or 9% Employee Contribution, for PERS purposes, this actually refers to the amount that the Employer is paying on the employee's behalf. Therefore, in the attached resolutions, the Employer Paid Member Contribution (EPMC) will be the percentage that the City will be paying on behalf of each employee for his or her Employee Contribution. For n,3 1 �} example, because the Non - Safety Department Heads will be paying their full 7% Employee Contribution, the EPMC for Non - Safety Department Heads will be 0 %. In addition to adopting the attached resolutions, for represented groups, the amount of the EPMC needs to be negotiated and written in a labor agreement. For non - represented groups (Executives and Management /Confidential), the changes are incorporated into the Administrative Code provisions related to the benefits for these groups. The resolutions being presented to Council for approval at this time are for those groups whose EPMC has been modified by Council Resolution or Memorandum of Understanding. Additional resolutions will be brought to the City Council if changes to the EPMC are negotiated with other groups. The following summarizes the current changes to the Employer Paid Member Contributions (and the contribution that employees will pay) for each group that is included in one of the attached resolutions: • Safety Department Heads — 0% (Employees will pay 9 %) • Non - Safety Department Heads — 0% (Employees will pay 7 %) • Fire Management (Battalion Chiefs) — 5% (Employees will pay 4 %) • Management /Confidential — 4% (Employees will pay 3 %) • Police Managers' — 6% (Employees will pay 3 %) • Police Officers' — 6% (Employees will pay 3 %) -2- 134 RESOLUTION NO. A RESOLUTION FOR EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR EXECUTIVES. Section 1: Be it resolved by the Council of the City of El Segundo as follows: WHEREAS, the City Council of the City of El Segundo has the authority to implement Government Code section 20691; WHEREAS, the City Council of the City of El Segundo has a written labor policy or agreement which specifically provides for the normal member contributions to no be paid by the employer; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of El Segundo of a Resolution to commence said Employer Paid Member Contributions (EPMC); WHEREAS, the City Council of the City of El Segundo has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Executive Group (City Manager, Assistant City Manager, Chief of Police, Fire Chief, Director of Finance, Director of Human Resources, Director of Library Services, Director of Planning and Building Safety, Director of Public Works, Director of Recreation and Parks) • This benefit shall consist of Employer paying 0% of the normal member contributions as EPMC • The Employee will pay 7% (Miscellaneous Employees) or 9% (Local Safety Employees) of the normal member contributions. • The effective date of this Resolution shall be October 8, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Segundo elects to pay EPMC, as set forth above. Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. PASSED AND ADOPTED this 18th day of October , 2011. Eric K. Busch Mayor 135 CERTIFICATION 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 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 18th day of October, 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL, SEAL OF SAID CITY this 18th day of October, 2011. Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney 136 RESOLUTION NO. A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR FIRE MANAGEMENT Be it resolved by the Council of the City of El Segundo as follows: WHEREAS, the City Council of the City of El Segundo has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; WHEREAS, the City Council of the City of El Segundo has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of El Segundo of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); pursuant to CCR title 2 section 571(a)(1). WHEREAS, the City Council of the City of El Segundo has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Fire Management group (Battalion Chiefs) • This benefit shall consist of Employer paying 5% of the normal member contributions as EPMC, and reporting the same percent (value) of the compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. • The Employee will pay 4% of the normal member contributions. • The effective date of this Resolution shall be October 22, 2011. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of El Segundo elects to pay EPMC, as set forth above. Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. PASSED AND ADOPTED this 18th day of October , 2011. Eric K. Busch, Mayor 137 CERTIFICATION 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 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 18`h day of October, 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 18`h day of October, 2011. Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney 138 RESOLUTION NO. A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) FOR MANGEMENT AND CONFIDENTIAL EMPLOYEES Be it resolved by the Council of the City of El Segundo as follows: WHEREAS, the City Council of the City of El Segundo has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; WHEREAS, the City Council of the City of El Segundo has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of El Segundo of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); pursuant to CCR title 2 section 571(a)(1). WHEREAS, the City Council of the City of El Segundo has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Management /Confidential Group (See attached Exhibit A). • This benefit shall consist of Employer paying 4% of the normal member contributions as EPMC, and reporting the same percent (value) of the compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. • The Employee will pay 3% of the normal member contributions. • The effective date of this Resolution shall be October 22, 2011. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of El Segundo elects to pay EPMC, as set forth above. Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. PASSED AND ADOPTED this 18th day of October , 2011. Eric K. Busch, Mayor 139 EXHIBIT A Management /Confidential Group List of Classifications l40 CERTIFICATION 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 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 18th day of October, 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 18th day of October, 2011. Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney i4i RESOLUTION NO. A RESOLUTION FOR PAYING AND REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTION FOR POLICE OFFICERS' ASSOCIATION AND POLICE MANAGERS' ASSOCIATION Be it resolved by the Council of the City of El Segundo as follows: WHEREAS, the City Council of the City of El Segundo has the authority to implement Government Code Section 20636(c)(4) pursuant to Section 20691; WHEREAS, the City Council of the City of El Segundo has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer, and reported as additional compensation; WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of the City of El Segundo of a Resolution to commence paying and reporting the value of said Employer Paid Member Contributions (EPMC); pursuant to CCR title 2 section 571(a)(1). WHEREAS, the City Council of the City of El Segundo has identified the following conditions for the purpose of its election to pay EPMC: • This benefit shall apply to all employees of the Police Officers' Association and Police Managers' Association. • This benefit shall consist of Employer paying 6% of the normal member contributions as EPMC, and reporting the same percent (value) of the compensation earnable (excluding Government Code Section 20636(c)(4)) as additional compensation. • The Employee will pay 3% of the normal member contributions • The effective date of this Resolution shall be October 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of El Segundo elects to pay EPMC, as set forth above. Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. PASSED AND ADOPTED this 18th day of October , 2011. Eric K. Busch, Mayor 4 CERTIFICATION 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 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 18`" day of October, 2011, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 18'h day of October, 2011. Cindy Mortesen, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney 143