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2011 SEP 20 - 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, SEPTEMBER 20, 2011 — 5:00 P.M.
Next Resolution # 4732
Next Ordinance # 1464
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
1
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sec.) 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): -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
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
2. Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
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3. Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
4. Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
5. Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
6. 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
UU�
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, SEPTEMBER 20, 2011 - 7:00 P.M.
Next Resolution # 4732
Next Ordinance # 1464
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Bishop Jim Hepworth, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
4 0104
PRESENTATIONS
(a) Proclamation proclaiming the week of October 9 through October 15, 2011 as
Fire Prevention Week.
(b) Proclamation proclaiming the observance of the 35th Annual Richmond Street
Fair from 9:00 a.m. to 5:00 p.m., Saturday, September 24, 2011.
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 (Continued Public Hearing) regarding
the Fiscal Year 2011 -2012 Budget (including all City Revenues and
Expenditures), Five -Year Capital Improvement Plan and Adoption of
Resolutions approving Appropriation Limit, Preliminary Budget as
amended. (Copies of the Fiscal Year 2011 -2012 Preliminary Budget can be
found in the Library, City Clerk's office, and on the City's website.) (Fiscal
Impact $109,848,900 in total appropriations; $97,672,000 in total estimated
revenues and prior year designations of $12,176,900.)
1. Continue Public Hearing and receive public testimony. Adopt the Resolution
approving and adopting the Fiscal Year 2011 -2012 Operating Budget and the
Five -Year Capital Improvement Budget.
2. Incorporate "Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions
in all Funds" into the Adopted Budget AND DEPOSIT ANY FISCAL YEAR 2010-
2011 General Fund savings into the Economic Uncertainty Fund in fiscal year
2011 -2012 once the fiscal year 2010 -2011 audit is complete.
3. Adopt the Resolution approving and adopting the Appropriations Limit for fiscal
year 2011 -2012, as presented.
4. Alternatively, discuss and take other action related to this item.
�~ r
1
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.
2. Warrant Numbers 2584024 to 2584172 on Register No. 23 in the total
amount of $327,719.95 and Wire Transfers from 8/26/11 through 9/8/11 in
the total amount of $798,099.58.
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 September 6, 2011 and Special
City Council Meeting Minutes of August 31, 2011.
Recommendation — Approval.
4. Consideration and possible action regarding a 2 -year approval to waive
fees for recurring City co- sponsored annual Special Events, in which the
City provides support services and /or facilities at no cost to the organizing
group. (Fiscal Impact: $122,480 over 2 years)
(1) Approve the fee waiver request for the total amount of $61,240 each year, for
a total of $122,480; (2) Alternatively, discuss and take other possible action
related to this item.
5. Consideration and possible action regarding a request from the Gardena
Municipal Bus Lines to modify Line 5 to include five new bus stops within
the City of El Segundo and affix signage accordingly. (Fiscal Impact: None)
(1) Adopt a resolution for establishing new bus stops for Gardena Municipal Bus
Lines per California Vehicle Code § 22500(i) and El Segundo Municipal Code §
8- 5 -3(D); (2) Approve the request to allow the Gardena Municipal Bus Lines to
make additional bus stops in the City of El Segundo and affix the appropriate
signage at each stop; (3) Alternatively, discuss and take other possible action
related to this item.
6 U0 6
6. Consideration and possible action to (1) accept a donation from El
Segundo resident Craig Zinn, Jr. to build a new storage unit at the Joslyn
Center at Recreation Park for his Boy Scout Eagle Project; (2) adopt a
Resolution to approve the plan for the project; (3) authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian
in a form approved by the City Attorney. (Fiscal Impact: Approximately
$1200.00 of facility improvements)
(1) Approve the acceptance of a donation from Craig Zinn, Jr.; (2) Adopt a
Resolution that includes approval of the project's plan; (3) Authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian, in a
form approved by the City Attorney; (4) Alternatively, discuss and take other
possible action related to this item.
7. Consideration and possible action to authorize the City Manager to renew a
five -year Parks License Agreement with Southern California Edison (SCE).
The agreement is for the City to continue to maintain and operate SCE's
property as City parks along Washington Street between Walnut and
Mariposa Avenues and along Illinois Street between Mariposa and Holly
Avenues (Fiscal Impact: FY 11/12 $1,733 or $8,665 for five years
(1) Authorize the City Manager to execute a five -year Parks License Agreement
with SCE in a form approved by the City Attorney in the amount not to exceed
$1,733 per year or $8,665 for five years; (2) Alternatively, discuss and take other
possible action related to this item.
8. Consideration and possible action regarding a request for a new Alcoholic
Beverage Control (ABC) license for on -site sale and consumption of
alcohol (Type 41 — On -Sale Beer and Wine) at a new bakery and cafe
located at 131 West Grand Avenue, Suite A (Schat's Bakery Cafe), EA No.
933 for AUP No 11 -08 Applicant: David Schat (Fiscal Impact: N /A)
(1) Receive and file this report without objecting to the modification of a Type 41
ABC license at 131 West Grand Avenue, Suite A; (2) Alternatively, discuss and
take other possible action related to this item.
9. Consideration and possible action regarding a request for an Alcoholic
Beverage Control (ABC) license for the on -site sale and consumption of
alcohol for a new restaurant within the Hyatt Place Hotel (Type 47 On -sale
General for Bona Fide Public Eating Place) located at 750 North Nash
Street Applicant: Michael Gallen, OTO Development (Fiscal Impact: N /A)
(1) Receive and file this report without objecting to the modification of a Type 47
ABC license (On -sale General for Bona Fide Public Eating Place) for a new
restaurant within a hotel at 750 North Nash Street; (2) Alternatively, discuss and
take other possible action related to this item.
Wi
7 ��U
10. Consideration and possible action regarding 1) Approval of a new Class
Specification for the at -will position of Economic Development Analyst; 2)
Adoption of a Resolution establishing the basic monthly salary range for
Economic Development Analyst; and 3) Introduction of an Ordinance
amending El Segundo Municipal Code § 1 -6-4 Regarding Exclusions.
(Fiscal Impact: $133,613.22 included in FY 2011/12 Budget)
(1) Approve the proposed Class Specification for Economic Development
Analyst; (2) Adopt the Resolution establishing the Basic Monthly Salary Range
for the job classification of Economic Development Analyst; (3) Introduce and
Waive the First Reading of the Ordinance; (4) Alternatively, discuss and take
other possible action related to this item.
11. Consideration and possible action regarding approval of ongoing
professional service agreements and blanket purchase orders for FY 2011-
2012 in excess of $25,000 for various departments; and possible action to
waive the formal bidding process and authorize the continued purchase of
various goods and services as described below. (Fiscal Impact: General
Fund $1,578,094; Assets Forfeiture Fund $13,000; Prop "A" Fund $31,000;
Water Fund $114,000; Sewer Fund $88,000; Golf Course Fund $108,000;
Workers' Compensation Fund $92,140)
(1) Authorize the City Manager to extend ongoing service agreements with Baker
& Taylor Information Services for supplying books and other library materials,
and issuance of blanket purchase order not to exceed $64,000 (General Fund).
(2) Authorize the City Manager to extend contract #2235 to Innovative Interfaces,
Inc., for library computer network system maintenance and issuance of blanket
purchase order not to exceed $30,000 (General Fund).
(3) Authorize the City Manager to extend ongoing service agreements with J. Lee
Engineering to provide plan check and inspection consulting services for the
Building and Safety Division not to exceed $150,000 (General Fund).
(4) Authorize the City Manager to extend ongoing service agreements with JAS
to provide plan check and inspection consulting services for the Building and
Safety Division not to exceed $100,000 (General Fund).
(5) Authorize the City Manager to extend ongoing service agreements with
Scanning Services Corporation. Scanning Services Corporation scans and
inputs data into the City's document imaging system not to exceed $35,000
(General Fund).
(6) Authorize the City Manager to extend ongoing service agreements with
Willdan Engineering Services to provide professional planning consulting and
engineering services to the City not to exceed $30,000 (General Fund).
(7) Authorize the City Manager to extend ongoing service agreements with U.S.
HealthWorks to provide an extremely cost effective method of delivery of pre-
employment and occupational medical services not to exceed $45,000 (General
Fund).
8 t_ u 8
(8) Authorize the City Manager to extend ongoing service agreements with
Westchester Medical Group /Center for Heart and Health to provide annual safety
employees fitness for duty and executive physical examinations not to exceed
$70,000 (General Fund).
(9) Authorize the City Manager to extend ongoing service agreement with York
Risk Services Group to administer workers' compensation claims not to exceed
$92,140 in FY 11 -12 (Workers' Compensation Fund)
(10) Authorize the El Segundo Fire Department to waive the bidding process per
El Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical
supplies, and piggyback on the City of Redondo Beach's Bound Tree Medical,
Inc. ( "Bound Tree ") Bid #1011 -023, and authorize issuance of a blanket purchase
order to Bound Tree for FY 11 -12 for medical and pharmaceutical supplies not to
exceed $26,000 (General Fund).
(11) Authorize the issuance of a blanket purchase order for FY 11 -12 to UCLA
Center for Pre - Hospital Care for continuing education, defibrillation training and
AED program oversight not to exceed $32,600 (General Fund).
(12) Authorize the City Manager to execute a one -year contract with All Cities
Management Company to provide crossing guard services for the El Segundo
School District not to exceed $80,000 (General Fund).
(13) Authorize the issuance of a blanket purchase order to Mayer Hoffman
McCann PC (Agreement #3866) for auditing services not to exceed $54,250 in
FY 11 -12 (General Fund).
(14) Authorize the issuance of a blanket purchase order to Lane Donovan
Partners, LLC (Agreement #3399) to provide management services for The
Lakes Golf Course for an amount no to exceed $108,000 (Golf Course Fund).
(15) Authorize the issuance of a blanket purchase order to TruGreen Landcare
(Agreement #4096) to provide weekly landscape services for an amount not to
exceed $153,504 (General Fund).
(16) Authorize the City Manager to extend ongoing tree maintenance services
agreement with Great Scott Tree Service Inc. (Agreement #3476) for services not
to exceed $70,000 for FY 11 -12 (General Fund).
(17) Authorize the City Manager to extend ongoing custodial services agreement
with Bell Building Services (Agreement #3898) and issuance of blanket purchase
order not to exceed $66,540 (General Fund).
(18) Authorize the City Manager to execute a standard professional services
agreement with Martin & Chapman Co. for election support and services for the
General Municipal Election, April 10, 2012, not to exceed $36,000 (General
Fund).
(19) Authorize the City Manager to execute a one -year contract and /or purchase
order with Buxton to provide economic development analysis and marketing
assistance not to exceed $50,000 (General Fund).
9 U0J
(20) Authorize staff to continue to purchase gasoline and diesel fuel for City
vehicles and equipment through the use of spot market purchasing in an amount
not to exceed $321,000 (Various).
(21) Authorize the issuance of a blanket purchase order to Metron Farnier &
Actaris in an amount not to exceed $100,000 in total for the purchase of single jet
water meters for the City's water system (Water Enterprise Fund).
(22) Authorize the issuance of a blanket purchase order to Blue Diamond
Materials, a division of Sully Miller Contracting Company in an amount not to
exceed $50,000 for the purchase of asphalt paving materials for Street
Maintenance Division projects (General Fund).
(23) Authorize the issuance of a blanket purchase order to Flo- Systems, Inc. in
an amount not to exceed $75,000 for ongoing repair and maintenance of the
City's sewer and stormwater stations (Sewer Fund).
(24) Authorize the City Manager to execute a one -year contract with the Society
for the Prevention of Cruelty to Animals Los Angeles for animal sheltering
services, not to exceed $28,200 (General Fund).
(25) Authorize the City Manager to execute a one -year contract with Duncan
Solutions (formerly Enforcement Technology Inc.) for processing of parking
citations /collections, not to exceed $77,000 (General Fund).
(26) Authorize the City Manager to execute a one -year contract with AT &T
Connection Services for communications related to mobile data computers and
radio sites, not to exceed $39,400 (General Fund).
(27) Authorize the City Manager to execute a one -year contract amendment
and /or purchase order with Tyler Technologies who provide financial software to
manage the City's General Ledger, Accounts Receivable, Accounts Payable,
Payroll, and Human Resources. This item is for annual licensing, maintenance,
and support of these systems not to exceed $40,600 (General Fund).
12. Consideration and possible action to award a standard Public Works
Contract to the lowest responsible bidder, All American Asphalt, Inc., for
Lairport Street rehabilitation from Mariposa Avenue to Maple Avenue.
Project No.: PW 10 -04 and pavement repair of a section of the Joslyn
Center parking lot damaged by tree roots. (Fiscal Impact: $288,000)
(1) Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with All American Asphalt, Inc., in the
amount of $261,629; (2) Alternatively, discuss and take other possible action
related to this item.
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13. Consideration and possible action to award a non - exclusive franchise to
Consolidated Disposal Service, LLC for residential and municipal solid
waste hauling services. (Fiscal Impact: $3,565,500 over 7 years)
(1) Authorize the Mayor to execute a 7 -year franchise agreement in a form
approved by the City Attorney with Consolidated Disposal Services, LLC in the
amount of $3,565,500 which represents $489,950 annually for the first three
years, and $523,913 annually for the remaining four years of the contract; (2)
Alternatively, discuss and take other action related to this item.
14. Consideration and possible action regarding a request from the El
Segundo Kiwanis Club to operate a Beer Garden in the food court section
of the Kiwanis sponsored 35th Annual Richmond Street Fair on Saturday,
September 24, 2011 from 11:00 am — 5:00 pm (Fiscal Impact: None)
(1) Approve the request from the El Segundo Kiwanis Club to operate a Beer
Garden in the food court section of the 35th Annual Richmond Street Fair, subject
to compliance with all Alcohol Beverage Commission regulations and permits;
(2) Alternatively, discuss and take other action related to this item.
15. Consideration and possible action to amend the City's existing contract
with Liebert Cassidy Whitmore ( "LCW ") the law firm that provides the City
with specialized labor and personnel legal services. The amendment seeks
an approximate 12.5% rate increase. (Fiscal Impact: City Staff will offset
the hourly increase with lower utilization of LCW services and there will be
no budgetary impact for FY 2011 -2012)
(1) Authorize City Manager to execute an agreement with LCW increasing LCW's
billing rates by approximately 12.5 %; Alternatively, take other action related to
this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
11 ��1i
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, It sec.) 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:
TIME: J , 20 pyv.
NAME:
12 (;1
rortamatt"On
QCitp of ea $egunbo, Catifurnia
WHEREAS, home fires killed more than 2,500 people in the United States in 2009, according to the
latest research from the nonprofit National Fire Protection Association (NFPA), and fire
departments in the United States responded to more than 360,000 home fires; and
WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and
the third leading cause of home fire deaths; and home candle fires are reported to a US fire
department every 30 minutes, on average; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and the vast
majority of home fires can be prevented by taking simple safety precautions; and
WHEREAS, The El Segundo Fire Department, which is dedicated to the safety of life and property
from the devastating effects of fires and other emergencies, is joined by concerned citizens
of our community, as well as businesses, the school district, service clubs and other
organizations, in its fire safety efforts.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California,
in commemoration of the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless, and
destroyed more that 17,400 buildings, and in order to raise the awareness in the community of the
importance of practicing fire prevention and fire safety to avoid needless loss of property and life, do hereby
proclaim the week of October 9 through October 15, 2011 as:
FIRE PREVENTION WEEK
FURTHER, the Mayor and Members of the City Council join Fire Chief Kevin Smith in inviting the El
Segundo community to observe Fire Prevention Week by practicing fire prevention and fire safety year -
round and heeding the message "It's Fire Prevention Week, Protect Your Family from Fire!"
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QCitp of Cl Oegunbo, California
WHEREAS, The 35" Annual Richmond Street Fair is proudly sponsored and organized by
the El Segundo Kiwanis Club as a club fundraiser for local scholarships and
projects for the youth of El Segundo; and
WHEREAS, The Annual Richmond Street Fair provides high school student groups, civic
clubs, and non - profit organizations an opportunity to promote their
associations and to raise funds for their school and community projects through
the sale of arts and crafts and other items; and
WHEREAS, The Annual Richmond Street Fair affords people from other communities the
opportunity to discover the hometown atmosphere of El Segundo while
experiencing wholesome family entertainment at its finest; and
WHEREAS, The City Council recognizes the merits of the Annual Richmond Street Fair as
a win -win for the entire community of El Segundo and commends the El
Segundo Kiwanis Club for continuing to carry on this traditional El Segundo
event which has become a "Celebration of Community".
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, hereby proclaim the observance of the 35' ANNUAL RICHMOND STREET
FAIR from 9:00 a.m. to 5:00 p.m., Saturday, September 24, 2011 and invite the community to
give generous support to all the groups, organizations, merchants and volunteers participating in
the Fair.
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(i 14
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year
2011 -2012 Budget (including all City Revenues and Expenditures), Five -Year Capital
Improvement Plan and Adoption of Resolutions approving Appropriation Limit,
Preliminary Budget as amended, and Capital Improvement Plan as amended. (Copies of
the Fiscal Year 2011 -2012 Preliminary Budget can be found in the Library, City Clerk's
office, and on the City's website.) (Fiscal Impact $109,848,900 in total appropriations;
$97,672,000 in total estimated revenues and prior year designations of $12,176,900)
RECOMMENDED COUNCIL ACTION:
1. Continue Public Hearing and receive public testimony. Adopt the Resolution approving and
adopting the Fiscal Year 2011 -2012 Operating Budget and the Five -Year Capital Improvement
Budget.
2. Incorporate "Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions in all Funds"
into the Adopted Budget and deposit any fiscal year 2010 -2011 General Fund savings into the
Economic Uncertainty Fund in fiscal year 2011 -2012 once the fiscal year 2010 -2011 audit is
complete.
3. Adopt the Resolution approving and adopting the Appropriations Limit for fiscal year 2011-
2012, as presented.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1) Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions in all Funds
2) Resolution approving and adopting the Operating and Five -Year Capital Improvement
Budget for Fiscal Year 2011 -2012 and Resolution approving and adopting the
Appropriation Limit for Fiscal Year 2011 -2012
FISCAL IMPACT: Total Appropriations of $109,848,900; Revenues of $97,672,000 and prior
year designations of $12,176,900.
Amount Budgeted: $ 109,848,900
Additional Appropriation: N/A
Account Number(s): None
ORIGINATED BY: Angelina Garcia, Fiscal Services Manager
REVIEWED BY: Deborah Cullen, Director of Finance
APPROVED BY: Doug Willmore, City Manager G( - f
BACKGROUND AND DISCUSSION:
�- 1
1
FY 2011 -2012 Budget
On August 31, 2011 at the City's 2 °d Strategic Planning Session staff presented the summary of
the proposed FY 2011 -2012 Preliminary General Fund budget for revenues and expenditures and
obtained direction from Council on structurally balancing the budget. At this public hearing staff
is presenting the Citywide revenues, expenditures and supporting documentation.
Summary of Assumptions used to prepare FY 2011 -2012 Budget:
• Equipment Replacement Costs — Funding at 100 %.
• Annual OPEB Payment — Funded at 100%
• ESUSD Funding - $250,000 cash payment & continue funding crossing guard contract
($80,000) and in -kind contributions ($1,051,700) estimated for FY 11/12)
• No growth factored for nonpersonnel costs, except for prescheduled contractual increases
• Vacant positions eliminated — total for 50 positions — approx. $5 million in total
compensation
• Personnel Costs:
• CalPERS Pension Rate Increases - $1.1 million
■ $800,000 increase - Public Safety
■ $300,000 increase - Miscellaneous Employees
• Health Benefit Costs — Average 7% increase - $400,000
• Salary Increases — 2% for the Supervisory /Professional Group - $80,300
• $3,152,350 in furloughs and other employee concessions expire at year -end
On September 6, 2011 the City Council conducted a Public Hearing on the FY 2010 -2011
Operating Budget and the Five -Year Capital Improvement Project Budget.
Revisions from the Preliminary Budget are attached to this report and have been included in the
final budget to be adopted.
Incorporate "Exhibit A — FY 2011 -2012 Change List of Budget Revisions in all Funds" into
the Adopted Budget.
Budget Revenue Revisions between Preliminary and Adopted
General Fund
The summary of changes includes a decrease to Gas Utility Tax of $100,000, a decrease in
Cogenerated Tax of $225,000 and increases to Water Utility Tax revenue of $170,000, Sales and
Use Tax of $455,000. These changes were made based on updated estimates received from our
revenue consultants adding a total of $300,000 in additional revenue.
An increase in interfund transfers includes $900,000 transfer -in from the Equipment
Replacement Fund. This amount was identified through reductions in the City's vehicle fleet
and equipment. These funds will be used for one -time expenditures.
!,
Budget Expenditure Revisions between Preliminary and Adopted
General Fund
The summary of changes in General Fund expenditures includes a decrease of $505,200 in the
Other Post Employment Benefit (OPEB) annual required contribution. This is a direct result of
measures that the City has implemented to reduce the Unfunded Actuarial Accrued Liability.
These measures included negotiating a reduction in the Health Benefit Premium cap from $1800
to $1600 for active employees and retirees with two of the City's labor groups. The City also
adopted a strategy in FY 2008 of prefunding this liability with conservative assumptions for the
prepayment amount which has resulted in a positive reduction of the overall unfunded liability.
In other words, the City's conservative approach to prefund using conservative assumptions has
paid off. This has resulted in our annual payment to the Trust for the unfunded liability to be cut
in half from 2.4 in FY 2008 to 1.2 million in 2012. A drawdown of $1 million in investment
earnings from the OPEB Trust was scheduled in the Preliminary Budget and this amount has
been reduced to $250,000. The amount scheduled to be withdrawn is the average annual
investment earnings.
Additional changes include a reduction of $13,750 in salary and benefit resulting from the City
Council taking a 20% pay reduction, payroll tax decrease of $90,275 and an increase of $425,300
in additional Equipment Replacement Charges to a majority of the General Fund departments to
fund the annual charges at 100 %.
Other Funds
The following budget revisions had not been finalized in time to include in the preliminary
budget.
The summary of changes in other fund expenditures include an adjustment for capital outlay in
the State Gas Tax Fund, Measure R, Prop A, Water, Sewer and Capital Improvements Fund of
$1,125,000. It also includes adjustments to the Water Fund for increases in purchase of potable
and recycled water totaling $652,200 and a decrease to capital outlay of $250,000. The Sewer
Fund includes adjustments to benefits for the decrease in OPEB Funding costs of $75,500 and a
decrease to capital outlay of $250,000.
Adopt the Resolution approving and adopting Appropriations Limit for FY 2011 -2012.
Article XIII -B of the California State Constitution, commonly referred to as the Gann
Appropriations Limit, was adopted by California voters in 1980 and placed limits on the total tax
proceeds that State and local agencies can appropriate and spend each year. Based upon the
California Constitution and applicable law, staff has presented the City Council with an
Appropriations Limit for FY 2011 -2012 as adjusted by the factors identified in the attached
Resolution. The Appropriations Limit for FY 2011 -2012 will be $229,123,748.
u17
Capital Improvement Proiects
The FY 2011 -2012 Capital Improvement Projects recommended from the Capital Improvement
Program Advisory Committee total $1,125,000
Residential Sound Insulation Program construction improvements total $12,779,600.
General Fund
This budget as presented contains General Fund appropriations inclusive of transfers of
$55,624,550 and General Fund estimated revenues inclusive of transfers of $51,673,900 with a
deficit of $3,950,600 to be filled by a reduction of salaries and benefits of $2,900,600 and Fire
Department staffing reduction to 16 with a run down to 14, which is estimated to save an additional
$1,050,000 in overtime and salaries and benefits from the Fire Department budget.
All Funds
Enterprise Funds
The Water Fund reports FY 2011 -2012 budgeted revenues of $22,640,700 and expenditures of
$21,565,400. This fund's budget is balanced.
The Wastewater Fund reports FY 2011 -2012 budgeted revenues of $3,587,300 and expenditures of
$3,269,400. This fund's budget has a slight surplus to be set aside for capital projects.
The Golf Course reports FY 2011 -2012 budgeted revenues of $2,058,000 and expenditures of
$2,602,800. This fund's budget will be balanced with prior year designated fund reserves.
Internal Service Funds
The Workers' Compensation Fund reports FY 2011 -2012 budgeted revenues of $ 1,977,000 and
expenditures of $ 1,980,100, funded at a 70% confidence level with retained earnings.
The General Liability Fund reports FY 2010 -2011 budgeted revenues of $ 1,169,600 and
expenditures of 1,160,700 funded at a 70% confidence level with retained earnings.
The Equipment Replacement fund reports FY 2011 -2012 budgeted revenues of $ 1,028,300 and
expenditures of $5,648,300 funded at a 100% of total replacement cost value with retained
earnings.
The revised FY 2011 -2012 budget is balanced. Total appropriations for all funds are
$109,848,900. Total estimated revenues for all funds are $97,672,000, with prior year
designations of $12,176,900, for a total of $109,848,900.
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF REVENUE BUDGET REVISIONS - ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Preliminary Estimated Revenues inclusive of Transfers In
Correction to Schedule
ADJUSTMENTS:
General Fund:
Decrease to Gas Utility Tax Revenue Estimate
Increase to Water Utility Tax Revenue Estimate
Increase to Sales & Use Tax Estimate
Decrease in Cogenerated Tax Revenue Estimate
Transfers In:
Equipment Replacement Fund
Other Funds
Traffic Safety Fund (1041
Adjust Revenue
AQMD Tree Partnership Fund (125)
Adjust Revenue
Debt Service Fund (202)
Transfer in from CIP
Capital Improvement Fund (301)
Transfer in from Prop C
Facilities Maintenance Fund (405
Transfer in from General Fund
Equipment Replacement Fund
Adjust to account for Charges to Depts
Prior Year Designation Fund Reserves
Total Revised Estimated Revenues Inclusive of Transfers In
Account Inc (Dec) Balance
$95,873,800
3212
(100,000)
3213
170,000
3201
455,000
3215
(225,000)
9001 900,000
$1,200,000
9301 (34,500)
9301 20,000
9301 540,000
540,000
9114 120,000
$120,000
9001 85,000
$85,000
3912 (71,700)
($71,700)
$1,858,800 $97,732,600
($60,595)
$97,672,005
;.'19
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Account Inc (Dec) Balance
Preliminary Budget Appropriations inclusive of Transfers Out $110,964,265
ADJUSTMENTS:
General Fund:
Interfund Transfers
Adjust Transfer to CDBG Fund
9111
6,900
Elected Official - City Council
Adjust Salaries and Benefits to reflect 20% decrease in salary for Council Members
4XXX
(14,000)
Adjust OPEB Annual Charge
4210
(4,300)
Adjust Equipment Replacement Charge
6207
(1,600)
Elected Official - City Treasurer
Adjust OPEB Annual Charge
4210
(4,800)
Adjust Equipment Replacement Charge
6207
350
Elected Official - City Clerk
Adjust OPEB Annual Charge
4210
(5,200)
Adjust Payroll Tax for Part -Time Employees
4202
(300)
Adjust Equipment Replacement Charge
6207
2,300
Planning & Building Safetv
Reclass S &B for one position to City Manager
6253
(138,500)
Adjust OPEB Annual Charge
4210
1,200
Adjust Equipment Replacement Charge
6.800
City Manager - IS & HR
Reclass S &B for one position to City Manager
4xxx
138,540
Adjust OPEB Annual Charge
4210
(15,600)
Adjust Equipment Replacement Charge
6207
181,600
Finance
Adjust Payroll Tax for Part -Time Employees
4xxx
(6,500)
Adjust OPEB Annual Charge
4210
(39,100)
Adjust Equipment Replacement Charge
6207
3,600
Human Resources
Adjust Payroll Tax for Part-Time Employees
4XXX
(3,700)
Adjust OPEB Annual Charge
4210
(14,200)
Adjust Equipment Replacement Charge
6207
1,300
Non - Department
Adjust Retiree Health Payment - General Fund Portion
4204
(286,000)
Include OPEB Trust Drawdown Amount of $250,000
4204
250,000
Increase Other Unclassified Expense
6244
26,500
Adjust Equipment Replacement Charge
6207
(25,100)
Adjust Vacation/Sick Leave Payout
6235
300,000
Police Department
Adjust Payroll Tax for Part -Time Employees
4xxx
(3,400)
Adjust OPEB Annual Charge
4210
(227,400)
Adjust Equipment Replacement Charge
6207
158,200
Fire Department
Adjust OT
4103 -4110
8,700
Adjust Payroll Tax for Part -Time Employees
4XXX
(3,200)
Adjust OPEB Annual Charge
4210
(212,300)
Adjust Equipment Replacement Charge
6207
113,300
Public Works Department
Adjust Payroll Tax for Part-Time Employees
4XXX
(6,000)
Adjust OPEB Annual Charge
4210
(55,200)
Adjust Equipment Replacement Charge
6207
(107,600)
Recreation & Parks Department
Adjust Part-Time Salary Expense for increase in hours
4102
20,000
Adjust Payroll Tax for Part -Time Employees
4XXX
(62,000)
Adjust OPEB Annual Charge
4210
(129,100)
Increase in Operating Supplies
5204
9,950
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Decrease in Cleaning Supplies
Increase in Electric Utility
Increase in Copy Machine Charges
Increase in Contractual Services
Adjust Equipment Replacement Charge
Adjust Insurance & Bonds (for Contract Classes)
Reduce Repairs & Maintenance
Reduce Training & Education
Adjust Equipment Leasing Costs
Library Services
Adjust Part-Time Salary
Adjust Payroll Tax for Part -Time Employees
Adjust OPEB Annual Charge
Adjust Equipment Replacement Charge
Adjust Professional & Technical Contract
Adjust Equipment Leasing Costs
Total General Fund Adjustments
All Other Funds
Asset Fortfeiture (109) Fund
Account
Inc (Dec) Balance
5205
(3,000)
6102
2,000
6203
1,400
6206
19,600
6207
37,800
6211
11,200
6215
(15,500)
6223
-1500
6260
3700
4102
(500)
4xxx
(22,200)
4210
(54,600)
6207
18,000
6214
13,500
6260
3,900
($122,060) $110,842,205
Allocate Health Benefits for Officers to fund
4204
31,700
Adjust OPEB Annual Charge
4210
(10,200)
Adjust Payroll Tax for Part -Time Employees
4202
(700)
21,500
Measure R 0 10 Fund)
4204
4,700
Adjustment - To fund for the approved CIP Street Repairs
8357
(24,000)
Adjustment - To fund for the approved CIP Street Repairs
8943
269,000
17,400
Adjustment - To fund for the approved CIP Street Repairs
8958
(50,000)
Adjustment - To fund for the approved CIP Curb Replacement
8604
100,000
195,000
Community Development Block Grant (111) Fund
8943
(32,600)
Adjust Part-Time Salary Expense for increase in hours
4102
(6,800)
67,400
Adjust Payroll Tax for Part -Time Employees
4202
(2,000)
Allocate Health Benefits for PT Employees
4204
1,100
Adjust OPEB Annual Charge
4210
(2,200)
(9,900)
Prop A Fund M 12)
Adjust Part-Time Salary Expense for increase in hours
4102
32,100
Adjust Payroll Tax for Part-Time Employees
4202
(6,800)
(200,000)
Allocate Health Benefits for PT Employees
4204
15,400
Adjust OPEB Annual Charge
4210
(11,200)
Adjust Operating Supplies
5204
(1,500)
Adjust Vehicle Gasoline Charge
5215
(3,000)
540,000
Adjust Professional & Technical
6214
40,000
Adjust Rental Charges
6216
2,500
Adjust Training & Education
6223
(1,000)
(1,784,000)
Adjust Vehicle Operating Charge
6224
(4,000)
Adjust Transfer - Capital Improvements
9301
120,000
182,500
Prop C Fund 11141
Adjust Part-Time Salary Expense for increase in hours
4102
15,500
Adjust Payroll Tax for Part -Time Employees
4202
(700)
Allocate Health Benefits for PT Employees
4204
4,700
Adjust OPEB Annual Charge
4210
(2,100)
17,400
State Gas Tax Fund (106)
Adjustment - To fund for the approved CIP Curb Replacement
8604
100,000
Adjustment - To fund for the approved CIP Street Repairs
8943
(32,600)
67,400
Residential Sound Insulation Fund (116)
Allocate Health Benefits for Officers to fund
4204
83,700
Adjust OPEB Annual Charge
4210
(26,900)
56,800
Hyperion Mitigation Fund (117)
Correct beginning balance error
(200,000)
(200,000)
Debt Service Fund (202)
Reclassify Principal Payment from the General Fund to the Debt Service Fund
4901
253,000
Reclassify Interest Payment from the General Fund to the Debt Service Fund
4902
287,000
540,000
Capital Improvement Fund (3011
Revision upon finalization of CIPAC Plan
8XXx
(1,784,000)
(1,784,000)
s_1zi
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
r�)<l
Account
Inc (Dec)
Balance
Economic Uncertainty Fund !4011
Adjust Transfer to the General Fund
9001
330,500
330,500
Accrual Sick Leave Vacation Fund (404)
Correct beginning balance error
9001
(111,100)
(111,100)
Facilities Maintenance (4041
Adjust Repairs and Maintenance Charges
9001
150,000
150,000
Water (501) Fund
Adjust Payroll Tax for Part-Time Employees
4202
(5,100)
Allocate Health Benefits for PT Employees
4204
73,000
Adjust OPEB Annual Charge
4210
(28,100)
Adjust Equipment Replacement Charge
6207
(95,000)
Adust Water Purchases - Potable
6283
714,600
Adjust Water Purchases - Reclaimed Water
6285
492,800
Adjust Capital Outlay for Seismic Valuation
8227
(1,000,000)
Adjust Capital Outlay for Meter Readers
8461
250,000
402,200
Waste Water (502) Fund
Allocate Health Benefits for PT Employees
4204
37,600
Adjust OPEB Annual Charge
4210
(12,100)
Adjust Equipment Replacement Charge
6207
(92,000)
Adjust Repairs and Maintenance
6215
491,000
Adjust Capital Outlay for Meter Readers
8461
250,000
Adjustment to remove PY funding
8652
(100,000)
Adjustment to remove PY funding
8653
(100,000)
Adjustment to remove PY funding
8654
(300,000)
174,500
Golf Fund (503)
Adjust Equipment Replacement Charge
6207
16,800
Correction to reduce insurance premium
16,800
Eau4 ment Replacement Fund (601)
Increase in estimated replacments to be funded
8104
(551,500)
Increase in estimated replacments to be funded
8105
(2,702,700)
Increase in estimated replacments to be funded
8106
(76,200)
Increase in estimated replacments to be funded
8108
(619,200)
Decrease in Transfer to General Fund Estimate
9001
(1,380,600)
(5,330,200)
Liability Fund !6021
Allocate Health Benefits for PT Employees
4204
2,900
Adjust OPEB Annual Charge
4210
(900)
2,000
Workers' Compensation Fund
Correct beginning balance error
9001
(500,000)
Allocate Health Benefits for PT Employees
4204
3,000
Adjust OPEB Annual Charge
4210
(1,000)
(498,000)
Developer Fees Expendable Trust
To adjust Transfers per Transfers in /out schedule
9001
(250,000)
(250,000)
Expendable Trust - Other
To adjust Transfers per Transfers in /out schedule
9001
(536,000)
(536,000)
Outside Service Trust (708)
Correct beginning balance error
(15,000)
(30,000)
Total Revised City Appropriations - All Other Funds inclusive of Transfers Out
($6,577,600)
($6,577,600)
Total Revised City Appropriations - All Funds inclusive of Transfers Out
($6,699,660)
$104,249,605
Budget Balancing Options:
$5,599,200
$109,848,805
r�)<l
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2011 -2012 FINAL OPERATING
BUDGET FOR THE CITY OF EL SEGUNDO AND ADOPTING THE
2011 -2012 CAPITAL IMPROVEMENT BUDGET.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Council has reviewed the proposed final Operating Budget ( "Budget ")
and Capital Improvement Plan ( "CIP ") for fiscal years;
B. The Budget and CIP are based upon appropriate estimates and financial planning
for the City's operations, services, and capital improvements;
C. The City Council conducted public study sessions on June 8, 2011 and August 31,
2011 and a public hearing on September 6, 2011, and continued on September 20,
2011;
D. In accord with the Government Code, the El Segundo Planning Commission has
determined, on August 25, 2011, that the projects included in the CIP are
consistent with the City's General Plan;
E. All procedural requirements for adopting the City's budget were fulfilled, and the
City Council was fully informed regarding the City's current finances, projected
revenue, and financial obligations; and
F. It is in the public interest for the City Council to adopt the Budget and CIP as
proposed by the City Manager.
SECTION 2: ADOPTION. The Budget and the CIP attached to this Resolution, and
incorporated by reference, are approved and adopted subject only to the authorizations set forth
below. Such approval and adoption includes, without limitation, the Position Control Listing of
Authorized Positions, Classification and Compensation Plans set forth in the Budget which
recognizes new classifications and removes unused classifications.
SECTION 3: APPROPRIATIONS LIMIT.
A. Article XIIIB of the California Constitution requires the City to set its
Appropriations Limit on an annual basis;
B. The City's Appropriations Limit may be adjusted annually based upon inflation
and population growth.
C. The City Council may choose the method of calculating adjustments to the City's
Appropriations Limit on an annual basis. For inflation, pursuant to Article XIIIB,
§ 8(e)(2), adjustments to the Appropriations Limit may be calculated using either
the percentage change in per capita personal income from the preceding year or
the percentage change in the local assessment roll from the preceding year
Page 1 of 4 ('23
because of local nonresidential new construction. For population growth,
pursuant to Government Code § 7901(b), the City may either use the percentage
growth either in its jurisdiction or from the surrounding county.
D. Pursuant to Article XIII -B of the California Constitution, and those Government
Code sections adopted pursuant to Article XIII -B, § 8(f), the City Council chooses
to adjust the City's Appropriations Limit by calculating inflation using the
percentage change in the City's assessment roll from the preceding year because
of local nonresidential new construction and calculating population growth by
using the percentage change in population in Los Angeles County.
E. As a result of the adjustments made to the City's Appropriations Limit, the City
Council sets the Appropriations Limit for fiscal year at $229,123,748.
SECTION 4: BUDGET APPROPRIATIONS. Based upon the Budget, the total General Fund
operating budget is $51,673,900. The City Manager, or designee, is authorized to implement the
following appropriations for City Departments:
DEPARTMENT
AMOUNT
Elected Officials
$842,600
City Manager
$1,417,600
City Attorney
$448,600
Non Department
$3,975,400
Communications Center
$1,403,300
Finance
$2,009,000
Fire
$13,726,700
Human Resources
$763,500
Library
$2,304,100
Recreation and Parks
$4,925,300
Planning and Building Safety
$2,710,900
Police
$15,828,100
Public Works
$5,288,100
Transfers
$307,900
Personnel Reductions
($4,277,200)
SECTION 5: CIP APPROPRIATIONS. Based upon the CIP, a total of $1,225,000 is
appropriated for Capital Improvement Projects for Fiscal Year. The City Manager, or designee,
is authorized to implement the CIP with the following funds and amounts:
FUND
AMOUNT
State Gas Tax
$
325,000
Proposition "C" STPL
$
120,000
Water Operation
$
250,000
Sewer Fund
$
250,000
Measure R
$
280,000
Page 2 of 4
SECTION 6: MISCELLANEOUS APPROPRIATIONS. The City Manager, or designee, is
authorized to implement the following miscellaneous appropriations:
FUND
AMOUNT
Traffic Safety
$
200,000
State Gas Tax
$
325,000
Asset Forfeiture
$
1,135,900
Measure R
$
280,000
CDBG
$
86,800
Proposition "A" Transportation
$
475,900
Proposition "C" Transportation
$
203,900
Residential Sound Insulation
$13,533,900
Air Pollution Reduction
$
31,100
Hyperion Mitigation
$
67,300
TDA Bikeway
$
9,000
C.O.P.S.
$
100,000
Debt Service
$
540,000
Capital Improvement Program
$
660,000
Economic Uncertainty
$
500,000
Facilities Maintenance
$
245,000
Water Operation
$21,565,400
Sewer
$
3,269,400
Golf Course
$
2,602,800
Equipment Re lacement
$
5,648,300
Liability Insurance
$
1,122,600
Workers' Compensation
$
1,980,100
SECTION 7: REAPPROPRIATION. The City Manager, or designee, is authorized to
reappropriate any unused appropriations for capital projects, special projects, and grant programs
at the close of Fiscal Year 2010 -2011 for the Budget and CIP.
SECTION 8: FUND OPERATING RESERVES. The City Manager, or designee, may
appropriate any remaining revenues at the close of Fiscal Year 2010 -2011 into the applicable
Fund operating reserve on September 30, 2011.
SECTION 9: BUDGET ADJUSTMENTS. The Budget may be subsequently adjusted as
follows:
A. By majority vote of the City Council;
B. By the City Manager, or designee, for all appropriation transfers between
programs and sections within a City department and between appropriation units
(e.g., salaries and benefits, services and supplies, and capital outlay) within
programs;
C. By Department Directors for appropriation transfers between appropriation units
within programs;
Page 3of4 2 J
D. Objects code expenditures within appropriation units in a program are not
restricted so long as funding is available in the appropriation unit as a whole.
SECTION 10: CONTRACTING AUTHORITY.
A. The City Manager, or designee, is authorized to bid and award contracts for the
equipment, supplies, and services approved in the Budget.
B. In accordance with the El Segundo Municipal Code ( "ESMC "), the City Manager
is authorized to execute all contracts awarded for equipment, supplies, and
services approved in the Budget.
C. Notwithstanding any dollar limitation set forth in the ESMC, the City Manager is
authorized to execute contracts for purchasing equipment and supplies that are
individually identified in the Budget regardless of total cost. The City Manager
may, but is not required to, seek additional City Council approval for transactions
made pursuant to this Section.
D. For all other services, equipment, and supplies, the City Manager is authorized to
execute contracts in accordance with the ESMC.
SECTION 11: 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.
SECTION 12: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND ADOPTED September 20, 2011.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LIN
Eric Busch, Mayor
Karl H. Berger, Assistant City Attorney
Page 4of4
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/26/11 THROUGH 09/08/11
Date
Payee
Amount
Description
9/1/2011
IRS
206,929.33
Federal Taxes
9/1/2011
Employment Development
45,596.01
State Taxes
9/1/2011
Employment Development
4,189.60
State Taxes
9/2/2011
State of CA EFT
1,047.21
EFT Child support payment
9/2/2011
Nationwide EFT
36,366.59
EFT 457 payment
9/2/2011
UB
7,071.99
PARS payment
9/2/2011
Manufacturers & Traders
20,932.41
457 payment Vantagepoint
9/2/2011
Manufacturers & Traders
192.31
IRA payment Vantagepoint
9/2/2011
Health Comp
3,059.92
Weekly claims
9/6/2011
Cal Pers
445,011.87
Health
9/7/2011
Lane Donovan Golf Ptr
21,915.02
Payroll Transfer
8/26- 9/08/11
Workers Comp Activity
5,787.32
SCRMA checks issued
798,099.58
DATE OF RATIFICATION: 09/20/11
TOTAL PAYMENTS BY WIRE: 798,099.58
Certified as to the accuracy of the wire transfers by:
Deputq City easurer Date
Director of Finance Date
MAA"l
City Manager Dat
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
8
P: \City Treasurer \Wire Transfers\2011 \Wire 2011 3rd Qtr \Wire Transfers 09- 08.xls J(-
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 6, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem 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:
Mayor Busch announced that Council would be meeting in closed session pursuant to
the items listed on the agenda.
Council Member Don Brann not participating in the initiation of litigation pursuant to
Government Code §54956.9(c), Wiseburn School District item, on this agenda or on any
future agenda, nor has he participated in such item in prior closed sessions.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -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): -1-
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 1
Wyle Laboratories, Inc.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
Wiseburn School District
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):-5-
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
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
SEPTEMBER 6, 2011
PAGE NO. 2
r, n
i .� U
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 6, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Cathy Domann, Deputy City Clerk
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
(a) Council Member Fuentes presented a Proclamation — "National Preparedness
Month ", to encouraging all citizens and businesses to develop an emergency
preparedness plan.
(b) Mayor Pro Tern Fisher presented a Proclamation — Pledge to clean our communities
by protecting and conserving natural resources and improving our communities quality
of life.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tern Fisher - Present
Council Member Brann - Present
Council Member Fuentes - Present
Council Member Jacobson - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Ron Swanson, Education Foundation Member and resident, spoke on the upcoming
grand re- opening of the High School Community Theater.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 3
0 3
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open a Public Hearing regarding the
presentation of the Fiscal Year 2011 -2012 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures.
(Fiscal Impact: General Fund Revenues of $52.6 million, Expenditures of $52.6
million)
Mayor Busch stated that this was the time and place to conduct a public hearing
regarding the presentation of the Fiscal Year 2011 -2012 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures. (Fiscal
Impact: General Fund Revenues of $52.6 million, Expenditures of $52.6 million)
Deborah Cullen, Finance Director, gave a report.
Clerk Domann stated that proper notice had been given in a timely manner and that no
written communications had been received in the City Clerk's Office.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to
continue the Public Hearing to September 20, 2011 and schedule the budget adoption
for the September 20, 2011 meeting. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
C. UNFINISHED BUSINESS
2. Consideration and possible action to provide municipal trash collection services
to condominium and stock cooperative parcels with four or fewer units. (Fiscal
Impact: $7,600.00)
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by Mayor Busch, SECONDED by Mayor Pro Tem Fisher to provide municipal
trash collection services to condominium and stock cooperative parcels with four or
fewer units. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
3. Consideration and possible action to receive and file the Annual Report of the
Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation
will be made by CIPAC Chairman Crista Binder. (Fiscal Impact: None)
Crista Binder, Chair of CIPAC, gave a report.
Council consensus to receive and file the Annual Report of CIPAC and receive the oral
presentation.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 4 � l
C3
E. CONSENT AGENDA
4. Approved Warrant Numbers 2583713 to 2584023 on Register No. 22 in the total
amount of $2,880,296.46 and Wire Transfers from 08/04/11 through 08/25/11 in
the total amount of $2,855,656.60. Authorized staff to release. Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
5. Approved Regular City Council Meeting Minutes of August 16, 2011.
6. Adopted Resolution No. 4731 authorizing the City Manager and Director of
Planning and Building Safety to apply for, receive, and appropriate grant funds
for an update of the General Plan and Zoning Regulations from Community
Challenge Grant funds from the Department of Housing and Urban Development.
(Fiscal Impact: grant award of $640,000 with $160,000 commitment of City
matching funds) Authorized the submittal of the grant application and the
commitment of $160,000 in matching funds and in -kind staff time.
7. Approved the thirty (30) day provisional appointment extension for the position of
Interim Battalion Chief. (Fiscal Impact: None)
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER - NONE
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Spoke on the importance of Emergency Preparedness.
Council Member Brann — Reported on the recent LAEDC Meeting and the Economic
Development Conference in Long Beach. Also spoke on the 24th Anniversary
Celebration at Park Vista and the Police Officers Association Car Show.
Council Member Jacobson — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 5 �� J
Mayor Pro Tern Fisher — Spoke on the ten year anniversary of the terrorist attack on the
World Trade Center.
Mayor Busch — Announced that Los Angeles County was looking for people to serve on
the Grand Jury and the upcoming "9/11" memorial events.
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. - NONE
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 7:51 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 6
C'34
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
Wednesday, August 31, 2011
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
7:30 a.m.
7:30 A.M. SESSION
CALL TO ORDER — Mayor Busch at 7:30 a.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed. - NONE
SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding the presentation of the Fiscal Year 2011 -2012
Preliminary Budget. Staff will present a brief overview of the estimated General Fund Fiscal
Year 2010 -2011 yearend projections and the General Fund Fiscal Year 2011 -2012
Preliminary Budget assumptions. Staff will also provide follow -up on open items from the
prior Strategic Planning Session.
Deborah Cullen, Finance Director, gave a presentation.
Fiscal Year 2010 -2011 Yearend projections
Fund Balance Reserve Yearend Balance Projection
Fiscal Year 2011 -2012 Preliminary Budget
Assumptions used in preparation of the FY 2011 -2012 Preliminary Budget
Eliminating the Projected FY 2011 -2012 General Fund Structural Deficit
Elimination of Vacant Positions
Proposed Salary and Benefit Reductions
Fleet Savings
Golf Course Lease Repayment
Economic Development Plan
Smokey Hollow
Capital Infrastructure Plan
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
AUGUST 31, 2011
PAGE NO. 1
035
Greg Carpenter, Planning and Building Safety Director, gave a brief report on Economic
Development plans and projections.
Stephanie Katsouleas, Public Works Director, gave a brief report on Capitol Improvements.
City Manager Doug Wilmore provided several funding options for the Capitol Improvements.
2. Consideration and possible action regarding the presentation of fiscal year 2010 -2011 Third
Quarter Financial Review
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to commit to a structurally
balanced budget and support a reduction in employee compensations of 3.5 million dollars.
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES: BUSCH, FISHER, JACOBSON
AND FUENTES. NOES: BRANN. 4/1
MOTION by Council Member Jacobson, SECONDED by Council Member Brann, to accept the
Economic Development plan, with implementation to begin 2011 -2012. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to direct staff to move forward
with the infrastructure projects; approve an infrastructure loan with low interest rate with a
maximum of $700,000 per month in a loan payment; obtain low construction cost estimates;
discuss the sale of property at the corner of Main and Grand at a future date; return to Council
before final approval on all projects. MOTION PASSED BY THE FOLLOWING VOICE VOTE;
AYES: BUSCH, FISHER, BRANN AND FUENTES. NOES: JACOBSON. 4/1
The first hearing for the Fiscal Year 2011 -2012 Budget Adoption will be held at the September 6,
2011 City Council Meeting. Council may raise other development, policy, capital project, and
potential budget reduction items for consideration as part of staff's preparation for the FY 2011 -12
Adopted Budget.
ADJOURNMENT at 9:20 a.m.
Cindy Mortesen, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
AUGUST 31, 2011
PAG�1- 6
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a 2 -year approval to waive fees for recurring City
co- sponsored annual Special Events, in which the City provides support services and/or facilities
at no cost to the organizing group.
(Fiscal Impact: $122,480 over two years)
RECOMMENDED COUNCIL ACTION:
1. Approve the fee waiver request for the total amount of $61,240 each year, for a total of
$122,480.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Annual Special Events Calendar
2. Annual Special Events Support Matrix
FISCAL IMPACT: 2012 - $61,240; 2013 - $61,240
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Meredith Petit, Recreation Superintendent %"
REVIEWED BY: Bob Cummings, Director of Recreation and Parks&
APPROVED BY: Doug Willmore, City Manager k4-W
BACKGROUND & DISCUSSION:
In December 2009 the City Council approved a 2 -year fee waiver for fifteen community special
events in which the City has historically provided support services and /or facility space. The
advanced fee waiver approval expires on December 31, 2011. Therefore, this routinely scheduled
item is presented before the City Council for discussion and action for the continuation of waived
fees associated with the predictable annual events.
Additional events have been added to the list that have been identified by staff as recurring events
that have previously received fee waivers by the City Council including Broadway in the Park and
various school district - related events such as the Center Street School PTA Annual Ice Cream Social,
the El Segundo High School Band Annual Comedy Night, and the Young America Parent
Committee.
Four departments are identified as the frequent service providers for the events typically co- sponsored
by the City: Police, Fire, Public Works, and Recreation & Parks. The majority of the department support
services are in the form of personnel costs, i.e. providing staff assistance for various functions.
The Police Department support is often in the form of officers for crowd and traffic control. The Fire 4
Department provides the assistance of the Fire Marshal to ensure proper compliance to fire and safety
� ; ) •• -i
GJ
codes, if necessary. The Public Works Department is responsible for providing the personnel necessary
to perform the hanging of street banners and posting street closures with barricades and signage. The
Recreation & Parks Department typically provides administration of the Special Event Permit,
coordination of the event, equipment delivery (tables, chairs, mobile stage, sound equipment, etc.), and
assistance with event set -up and breakdown.
In addition to personnel costs, two departments have additional fees that are included in the fee waiver
request. The Recreation & Parks Department facilitates facility and field rentals, which have hourly
reservation fees assigned to specific fields and impact levels. The organizing groups of each special
event have traditionally been granted fee waivers for these fees. The Department of Public Works has
been the recipient of requests by school district - related functions and events for the waiver of banner
fees. Each banner fee is $178.00 and addressed individually to the City Council.
In addition to the three foreseen school - related events (Center Street School PTA Annual Ice Cream
Social, the El Segundo High School Band Annual Comedy Night, and the Young America Parent
Committee), it is estimated that there may be between two to five other school - related events per year
requesting banner fee waivers. Therefore, it is recommended to include a fee waiver approval of up to
five unforeseen school - related events at the discretion of the Director of Public Works, for a maximum
total amount of $900.00 per year.
The Annual Special Events Support Matrix (Attachment #2) illustrates the personnel costs and facility
reservation fees by department. It is important to note that these costs are estimates determined by
reviewing the logistics and site plans from the past events. Should the event plans change, fees could
increase or decrease. Additionally, other fees may still apply and are not included in the overall fee
waiver request. For example, an event organizer may be required to pay for a sound permit, staff
assistance after normal operating hours, or field renovation expenses.
Staff respectfully requests direction from the City Council regarding long -term fee waiver requests in
association with the identified recurring annual Special Events.
U3B
ATTACHMENT #1
Annual Special Events Support
Calendar of Events
February
Opening Day Parade El Segundo Little League
Tasting Bee El Segundo Girl Scout Neighborhood
March
Run for Education El Segundo P.T.A.
Arbor Day Tree Musketeers
June
Promotional Dance El Segundo Middle School
July
Soap Box Derby El Segundo Boy Scout Association
Relay for Life American Cancer Society
August
Broadway in the Park El Segundo Broadway in the Park
Movie in the Park El Segundo Rotary Club
Main Street Car Show El Segundo Police Officer's Association
September
Richmond Street Fair El Segundo Kiwanis Club
Pancake Breakfast El Segundo Police and Fire Associations
Homecoming Parade El Segundo High School
December
Holiday Parade El Segundo Chamber of Commerce
Candy Cane Lane Residents of E. Acacia Avenue
Banner Fee Waivers
Ice Cream Social Center Street School PTA
Band Comedy Night El Segundo High School
Young America Parent Committee El Segundo Unified School District
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: September 20, 2011
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request from the Gardena Municipal Bus Lines to
modify Line 5 to include five new bus stops within the City of El Segundo and affix signage
accordingly.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution for establishing new bus stops for Gardena Municipal Bus Lines per
California Vehicle Code § 22500(i) and El Segundo Municipal Code § 8- 5 -3(D).
2. Approve the request to allow the Gardena Municipal Bus Lines to make additional bus stops in
the City of El Segundo and affix the appropriate signage at each stop.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution & Exhibit A
2. GMBL Line 5 Route Map
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: M eredith Petit Recreation Superintendent /" N
REVIEWED BY: Bob Cummings, Director of Recreation and Park V -/
APPROVED BY: Doug Willmore, City Manager hM!
BACKGROUND & DISCUSSION:
Recently staff was notified by the City of Gardena's Gardena Municipal Bus Lines (GMBL) of the
proposed changes to their Line 5 bus route through the City of El Segundo. In an effort to provide more
transportation options and service to residents, employees, and other passengers, the route changes will
facilitate connections to MTA Line 232, the Green Line Station (Northbound and Southbound), and the
Aviation Station. The five new stops for the route within the City are as follows:
• Mariposa & Nash N/B
• Imperial & Nash EB
• Nash & Imperial SB
• Nash & Mariposa SB
• Nash & Grand SB
City staff from the Police Department's Traffic Division and Public Works' Engineering Division has
reviewed the proposed locations and do not have any objections concerning the buses or signage.
Gardena Municipal Bus Lines will affix post signs and small extension signs depending on the
location. ,5
In an effort to continue to offer residents and employees a selection of transportation options, staff
respectfully requests City Council approve the request from the Gardena Municipal Bus Lines. (� 4 1
RESOLUTION NO.
A RESOLUTION ESTABLISHING BUS STOP AND NO PARKING
AREAS AS SPECIFIED.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: Pursuant to Vehicle Code § 22500(i) and El Segundo Municipal Code ( "ESMC ")
§ 8- 5 -3(D), the City Council designates the areas identified in attached Exhibit "A," as bus stops
and a "no parking" zone. The City Manager, or designee, is authorized to properly post such
designated areas with signs and, as appropriate, curb markings.
SECTION 3: This Resolution may be enforced in accordance with any applicable law after the
areas designated above are properly posted with signs.
SECTION 4: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
SECTION 5: This Resolution will become effective immediately upon adoption.
20th September 2011.
PASSED AND ADOPTED this _ day of
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By :�..
gKarkBerger, Assistant City Attorney
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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 the said City is five; that the foregoing
resolution, being RESOLUTION NO. was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2011, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2011.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
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[CAMy DocumentsO SegundoTesolutionANO Stopping Reso.doc]
September 7, 2011
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Exhibit A
ESTABLISHING BUS STOP AND NO PARKING AREAS AS SPECIFIED
Mariposa & Nash N/B -First post after the turn from Imperial onto Nash S/B.
Not an existing bus stop.
Imperial & Nash EB - The light pole in front of the Raytheon building on
Imperial, just past Nash. An existing MTA and MAX stop.
Nash & Imperial SB - The first post after the turn from Imperial onto Nash SB.
An existing Torrance Transit stop.
Nash & Mariposa SB - The bus shelter on Nash, just past Mariposa, at the Green
• Line. An existing MTA stop.
Nash & Grand SB - The bus shelter on Nash, just before Grand Ave. An existing
• MTA stop.
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
MEETING DATE: September 20, 2011
AGENDA HEADING: Consent Agendz
AGENDA DESCRIPTION:
Consideration and possible action to (1) accept a donation from El Segundo resident Craig Zinn,
Jr. to build a new storage unit at the Joslyn Center at Recreation Park for his Boy Scout Eagle
Project; (2) adopt a Resolution to approve the plan for the project; (3) authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian in a form approved by
the City Attorney. (Fiscal Impact: Approximately $1200.00 of facility improvements)
RECOMMENDED COUNCIL ACTION:
1. Approve the acceptance of a donation from Craig Zinn, Jr.;
2. Adopt a Resolution that includes approval of the project's plan;
3. Authorize the City Manager to execute a contract with Craig Zinn, Jr. and his
parent/guardian in a form approved by the City Attorney; or
4. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter from Craig Zinn, Jr.
2. Proposal.
3. Site Plan.
4. Resolution.
FISCAL IMPACT: Approximately $1200.00 of facility improvements
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Alison Fiorini, Recreation Supervisor
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager p /"/
BACKGROUND AND DISCUSSION:
Craig Zinn, Jr., known as "CJ", a resident Boy Scout and Eagle Scout candidate has offered to
donate his time and materials to construct two new storage units at the Joslyn Center at
Recreation Park and a portable chair rack. The total value of materials and labor is approximately
$1200.00.
Craig Zinn, Jr. will provide the materials approved by staff. The storage units will be
constructed at an off -site location and will be completed by a group of 15 volunteers and
managed by CJ Zinn.
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To work on public property, Craig Zinn, Jr. and his parent /guardian will be required to enter into
an agreement with the City in a form approved by the City Attorney and provide insurance
requirements.
The proposed project will provide accessible storage shelves, additional storage units, and a chair
rack for the Joslyn Center without a cost to the City. It will also give Craig Zinn, Jr. an
opportunity to complete his Eagle Scout leadership service project.
Staff recommends accepting donation of materials and labor to enhance the appearance of Joslyn
Center.
o 4 'y'
September 11, 2011
Dear Council Members,
My name is C.j. Zinn and I am 17 years old and a Boy Scout for local troop 267.
I am working towards the highest rank in boy scouts of Eagle. To achieve this rank I must
do an eagle project.
I was interested in doing my project at the Joslyn Center because as a youth I
spent a lot of time at Recreation Park and I wanted to give something back to the
community. The storage area between the Social Hall and Craft Room at the Joslyn
Center appears to be underutilized and disorganized. I propose clearing the existing
storage area of unusable shelving and installing two new cabinet and shelving units. I
will clear out existing shelving and prep the area for the new cabinets. After installation,
I will put the weights and storage items back into the cabinets. Also there are stacks of
chairs are set in the middle of the storage area. I propose to build a portable chair rack so
that the rack can fit multiple stacks of chairs and be easily transported to the various
rooms within the facility. This would make the storage area more organized and the
stacks of chairs easier to move and accessible.
I will need about 15 volunteers to complete my project. I will provide the
volunteers with family, friends and fellow boy scouts. My project will cost about $900-
$1,200. I plan to raise this money by donations from my family, friends, and most
importantly the community.
Sincerely,
C.j. Zinn
Troop 267
U48
CJ Zinn
Eagle Project Proposal — Joslyn Center
CJ Zinn's Eagle Project Proposal includes the following:
Cabinets for Storage Area
a. The storage area between the Social Hall and Craft Room appears to be
underutilized and disorganized. I propose clearing the existing storage area of
unusable shelving and installing two new cabinet and shelving units. I will clear
out existing shelving and prep the area for the new cabinets. After installation, I
will put the weights and storage items back into the cabinets.
b. My project will create more useful and accessible storage shelves for exercise
equipment and additional storage units with doors below. I propose to build two
storage units:
i. Each unit will have open shelving for the exercise equipment and the
bottom area will have a small drawer and cabinet for other miscellaneous
items.
1. 8' x 2' x 8' to be secured to the east wall of the storage area.
2. 10' x2' x 8' to be secured to the south wall of the storage area.
2. Chair Rack:
a. Stacks of chairs are set in the middle of the storage area. I propose to build a
portable chair rack so that the rack can fit multiple stacks of chairs and be easily
transported to the various rooms within the facility. This would make the storage
area more organized and the stacks of chairs easier to move.
CJ Zinn's Eagle Project 0-49
Plan Proposal
September 7, 2011
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RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
STORAGE AREA IMPROVEMENTS AT JOSLYN CENTER LOCATED
AT 339 SHELDON ST. PURSUANT TO GOVERNMENT CODE § 830.6
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH CRAIG ZINN JR. AND HIS PARENT /GUARDIAN.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On September 7, 2011, the City received an Eagle Scout project proposal
by CRAIG ZINN JR. ( "VOLUNTEER ") to improve the storage area and to
build a portable chair rack.
B. The Project consists of clearing the existing storage area, installing two
new cabinets and shelving units, and building a portable chair rack (the
"Project ");
C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER, the Council
understands and believes that the total value of the materials and labor
would be approximately $1200.00. Volunteer will utilize additional 15
community volunteers.
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project;
F. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
There is, at most, only a nominal cost to the public for the reason
that VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
Page 1 of 3 (.` J I
3. VOLUNTEER's only motivation in constructing the Project is to
accomplish charitable works for the City;
4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, VOLUNTEER will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631;
Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G &E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
I. The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
K. In accepting VOLUNTEER's donation of the Project, the City notes that
Labor Code § 1720.4 specifically exempts work performed by volunteers
from payment of prevailing wages. In addition, the Department of
Industrial Relations ( "DIR ") has determined that prevailing wages need not
be paid for the Project (see DIR Decision No. 98 -004 dated June 10, 1998
[donated pergola on city property]; and DIR Decision No. 99 -058 dated
January 7, 2000 [volunteer labor]). Accordingly, the Project is not a
"public work" under the Labor Code and 15 -20 volunteers need not be
paid prevailing wages.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
(
Page2of3 � �J 4-
A. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with VOLUNTEER
for construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 20th day of September, 2011.
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By a4o-� , (�—? " �� � )
Ka H. f3eiger, Assistant City Attorney
Page 3 of 3
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to renew a five -year Parks
License Agreement with Southern California Edison (SCE). The agreement is for the City to
continue to maintain and operate SCE's property as City parks along Washington Street between
Walnut and Mariposa Avenues and along Illinois Street between Mariposa and Holly Avenues.
(Fiscal Impact: FY 11/12 $1,733 or $8,665 for five years)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a five -year Parks License Agreement with SCE in a
form as approved by the City Attorney in the amount not to exceed $1,733 per year or
$8,665 for five years; or
2. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
1. Map of Independence, Constitution, Washington, and Freedom Parks.
2. License Agreement between the City of El Segundo and SCE.
FISCAL IMPACT: $1,733
Amount Budgeted: $1,733
Additional Appropriation: No
Account Number(s): 001 - 400 -5102 -6206
ORIGINATED BY: Mark Trujillo, Parks Superintendent
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager J/1/W
BACKGROUND AND DISCUSSION:
The City's Parks License Agreement with SCE to maintain and operate SCE's property for parks
consisting of Independence, Constitution, Washington, and Freedom Parks will expire on
September 30, 2011. The proposed agreement is asking for an increase of $50 per year, from
$1,683 to $1,733 or $8,665 for five years.
Staff recommends renewing the agreement to continue to maintain and operate SCE's property
as City parks. Agreement will start on October 1, 2011 through September 30, 2016.
7
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LICENSEE: CITY OF EL SEGUNDO
CITY: EL SEGUNDO
T.G.: 732 G1
PROPERTY NO.: PLENS732GIB
R/P AGENT: Steve Afford
COUNTY: LOS ANGELES
STATE: CA
LAND MAPPING: MY TAN
ACCOUNT NO.: 1426
OTHER REF., 69W13244, Assessor's Maps
DATE: 10/06/01
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File Name: 2001RE014231
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......................
FACILITY NAME: EL NIDO-SEPULVEDA-CULVIER 220KV T/L R/W P.I.D. NO. 5012093 J.O. �T66i
I JAMIN ID- RED 14231
LICENSEE: CITY OF EL SEGUNDO
CITY: EL SEGUNDO
T.G.: 732 G1
PROPERTY NO.: PLENS732GIB
R/P AGENT: Steve Afford
COUNTY: LOS ANGELES
STATE: CA
LAND MAPPING: MY TAN
ACCOUNT NO.: 1426
OTHER REF., 69W13244, Assessor's Maps
DATE: 10/06/01
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SANDERS MAP NO.: 520581, 52082
M.S.: 49-82 NW
File Name: 2001RE014231
CITY OF EL SEGUNDO
Contract No. 9.4190
(formerly Contract No. L1426)
L I C E N S E A G R E E M E N T
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5 LICENSER'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES, WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON - POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
ADDENDUM: PARK USE
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Contract No. 9.4190
(formerly Contract No. L1426)
LICENSE AGREEMENT
THIS AGREEMENT, made as of the _ day of � ST , 20 - ,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called "Licensor ", and CITY OF EL SEGUNDO, hereinafter called
"Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A" attached hereto and made a part hereof the ( "Property ") solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth.
California.
The subject Property is located in the City of El Segundo, County of Los Angeles, State of
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record including but not limited to, the following:
A. Convenants, conditions and restrictions recorded February 7, 1917, of Official Records,
Book 6402, page 347 of Deeds.
B. An Easement for street purposes to the City of El Segundo, affecting the southerly 5.00
feet of Lot 9 of Block 107, recorded April 20, 1955, in Book 48321, page 180 of Official Records.
C. An unrecorded pipeline License to Shell Oil Company, dated December 14, 1970,
affecting the Southerly 10.00 feet of Lots 8 and 9, Block 107.
D. An unrecorded pipeline License to W. Howard Wilson dated October 23, 1944, located
along a line parallel with and 35.00 feet Southerly from the North line of Lot 9, Block 107.
E. The right of El Segundo Land and Improvement Company, its successors or assigns, to
lay, maintain, repair, restore, increase the size of, and remove pipes and conduits, in and upon, under
or across said land, for the purpose of distributing water as recited in the Deed from Los Angeles Trust
and Savings Bank, recorded in Book 6233, page 187 of Deeds, in the office of the County Recorder of
Los Angeles County.
F. Covenants, conditions and restrictions as set forth and imposed by the above
mentioned Deed which contains a Lender's clause.
G. An easement for road purposes to the City of El Segundo as recorded in Book 40168,
page 163 of Official Records, in the office of the County Recorder of said County.
H. The right of El Segundo Land and Improvement Company, its successors or assigns, to
lay, maintain, repair, restore, increase the size of land and remove pipes and conduits in and under
that portion of said Lot 30 that is within the North 2 1/2 feet of Lot 6, Block 113 of El Segundo, as per
map recorded in Book 20, page 114 and 115 of Maps, in the office of said County Recorder as
contained in the Deed from Los Angeles Trust and Savings Bank, a corporation, to E.E. Southworth,
recorded June 18, 1913, in Book 5737, page 217 of Deeds, in the office of the County Recorder of said
County.
I. Covenants, conditions and restrictions affecting that portion of said Lot 30 that is
within Lot 5, Block 113 of El Segundo, as per map recorded in Book 20, page 114 of Maps in the Office
of the County Recorder, contained in the Deed from Los Angeles Trust and Savings Bank to Ray M.
Pardon, recorded March 12, 1920, in Book 7130, page 108 of said Deeds.
1. Use: Licensee will use the Property for parks and /or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to make such use of the
Property as determined by the Licensor in its sole discretion, will be grounds for immediate
termination of this Agreement in accordance with Article 28.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of October, 2011 and ending on the last day of
September, 2016. Licensee acknowledges that this Agreement does not entitle Licensee to any
subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the
Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of One Thousand Seven Hundred
Thirty Three and 00/ 100 Dollars ($1,733.00) upon the execution and delivery of this Agreement for the
first year;
Term
Year Due
Yearly
Amount
Payment Due
First Day Of
First Year
2011
$1,733.00
October
Second Year
2012
$1,733.00
October
Third Year
2013
$1,733.00
October
Fourth Year
2014
$1,733.00
October
Fifth Year
2015
$1,733.00
October
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting
Department - Accounts Receivable.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10 %) of the amount due.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $1,000,000.00.
Licensee shall require its insurer to waive all rights of subrogation against Licensor, its
officers, agents and employees, except for any liability resulting from the willful or
grossly negligent acts of the Licensor.
(b) Commercial General Liability Insurance, including contractual liability and products
liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name
Licensor, its officers, agents and employees as additional insureds, but only for
Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard
cross - liability provisions.
-2-
(c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such
insurance shall: (i) cover the use of owned, non -owned and hired vehicles on the
Property and (ii) name Licensor, its officers, agents and employees as additional
insureds.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this
Agreement. Such insurance shall not be canceled nor allowed to expire nor be materially reduced
without thirty days prior written notice to Licensor. The required insurance policies shall be
maintained with insurers reasonably satisfactory to Licensor [or under a self- insurance program
reasonably satisfactory to Licensor], shall name Licensor as an additional insured by endorsement,
and shall be primary and non - contributing with any insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to
conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and /or
crops located on the Property.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must
submit, for Licensor's prior written approval plans for any modifications to such improvements.
Written approval may be modified and /or rescinded by Licensor for any reason whatsoever. At any
time, Licensee may be required to modify and /or remove any or all such previously approved
improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor
is not required, at any time, to make any improvements, alterations, changes or additions of any
nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or
improvements will in no way alter Licensor's right to terminate in accordance with Article 27.
7. Licensee's Personal Property: All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall promptly restore any damage to the Property
caused by the removal. If Licensee is in default, however, such equipment or other property shall not
be removed by Licensee without Licensor's written consent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof.
8. Height Limitations: Any equipment used by Licensee or its agents, employees or
contractors, on and /or adjacent to the Property, will be used and operated so as to maintain a
minimum clearance of twenty -seven (27) feet from all overhead electrical conductors.
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree
and /or other planting.
9. Access and Clearances: Licensee will provide Licensor with adequate access to all of
Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum usable width of sixteen (16)
feet, together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on
curves by a distance equal to 400 /inside radius of curvature. All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in
-3- C! :_�
writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and
will maintain the following minimum clearances at all times:
a. A 50- foot - radius around suspension tower legs and 100 -foot radius around
dead -end tower legs.
b. A 10- foot - radius around all steel and wood poles.
NOTE: Additional clearance may be required for structures.
10. Parkin : Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
11. Flammables Waste and Nuisances: Licensee will not, nor allow others to, place or
store any flammable or waste materials on the Property or commit any waste or damage to the
Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and
debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and
will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials,
noise or other nuisance disturbances. Licensee will not permit dogs on the Property.
12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. Licensee will dispose of all
pesticides, herbicides and any other toxic substances declared to be either a health or environmental
hazard, as well as all materials contaminated by such substances, including but not limited to,
containers, clothing and equipment, in the manner prescribed by law.
13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
hazardous, toxic or infectious materials and /or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills
of, and /or contamination by or from hazardous materials as defined by applicable laws or regulations,
which may occur during and after the Agreement term, and are attributable to the actions of, or failure
to act by, Licensee or any person claiming under Licensee.
14. Sims: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other f rm of outdoor advertising.
15. Fencing: Licensee may install fencing on the Property with prior written approval from
Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing.
16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that
is compatible with adjoining properties and that is satisfactory to Licensor.
17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary,
all irrigation equipment at its own expense.
-4- l; 6 0
18. Underground and Above - Ground Tanks: Licensee will not install underground or
above - ground storage tanks, as defined by any and all applicable laws or regulations, without
Licensor's prior written approval.
19. Underground Facilities: Any underground facilities installed or maintained by Licensee
on the Property must have a minimum cover of three feet from the top of the facility and be capable of
withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth
excavated to a compaction of ninety percent (90 %). Licensee will relocate its facilities at its own
expense so as not to interfere with Licensor's proposed facilities.
20. Utilities: Licensee will pay all charges and assessments for, or in connection with,
water, electric current or other utilities which may be furnished to or used on the Property.
21. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to,
buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee. If Licensee fails to pay the above - mentioned taxes,
assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
fee" on all amounts outstanding up to the maximum rate allowed by law.
22. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
24. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder.
25. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
officers, agents and employees, and its successors and assigns, from and against all claims, loss,
damage, actions, causes of actions, expense and /or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of persons, including employees of
Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the
use or occupancy of the Property by Licensee or any person claiming under Licensee.
27. Termination: This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably
quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the
Licensor. Termination, cancellation or expiration does not release Licensee from any liability or
obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence
after termination shall be deemed a trespass.
-5- 0 6 1
28. Events of Default: The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 23.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
other rule of any governmental agency in connection with Licensee's activities
pursuant to this Agreement.
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(f) Any attempt to exclude Licensor from the licensed premises.
(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(h) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause g" of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
29. Remedies: In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property
from the Property, including but not limited to, buildings, structures and fixtures. In addition,
Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest
at the maximum rate permitted by law on such amounts until paid, as well as any other amount
necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to
perform its obligations under this Agreement.
30. Non - Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any,
such interest. Any violation of this provision will immediately void and terminate this Agreement.
31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision.
Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining
of Licensor's consent to or approval of any subsequent act by Licensee.
32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to
the conditions prescribed by General Order No. 69 -C of the Public Utilities Commission of the State of
-6- �'
California dated and effective July 10, 1985, which General Order No. 69 -C, by this reference, is
hereby incorporated herein and made a part hereof.
33. Attorneys' Fees: In the event of any action, suit or proceeding against the other,
related to this Agreement, or any of the matters contained herein, the successful party in such action,
suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred.
34. Electric and Magnetic Fields ( "EMF "): There are numerous sources of power frequency
electric and magnetic field ( "EMF "), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long -term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 30 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program. However, potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
agreement, the information available about EMF. Accordingly, SCE has attached to this document a
brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE
also encourages Licensee to obtain other information as needed to assist in understanding the EMF
with respect to the planned use of this property.
35. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Land Management
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee: City of El Segundo
350 Main Street
El Segundo, CA 90245
Business Telephone No. (310) 322 -4670
Licensee will immediately notify Licensor of any address change.
36. Recording: Licensee will not record this Agreement.
-7-
1,, b J
37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any addenda and exhibits attached hereto constitute the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as
of the day and year herein first above written.
A
SOUTHERN CALIFORNIA EDISON COMPANY
By — :.�✓
ICENSOR
N ORLEN SWELL
Right of Way Agent
Land Management -Metro Region
Real Properties Department
CITY OF EL SEGUNDO
LICENSEE
Print Name:
-8- 0
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post -type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by SCE. Licensee shall pay SCE in advance, for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers. All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -
axle vehicle.
Licensee's Initials
0 100 200 400
5
SCALE IN FEET
(MATCH UNE)
WALNUT AVE. o PALM AVE.
L
W
Ix I I
';YrAUnRF AVF
ELM AVE.
M,
OAK AVE. b 'w)
0 In
z
LEGEND
A r LANDS OF SCE AL AVE
BEING UCENSED TO HOLLY AVE.
CITY OF EL SEGUNDO {MATCH �LINE
APPROXIMATE TOWER LOCATION 0
(25- CLEARANCE)
8' WIDE SHELL CALIFORNIA PIPEUNE
TOTAL AREA(GROSS) I SQ.FT. 349,420 2 EXHIBIT $1 All
..N.AM.E:. L–NI-0.0-8-EPULVEDA-CULVER 220KV T/L R/W P.I.D. NO. 5012093 J.O.
MIN ID- RE01 4
LICENSEE: CITY OF EL SEGUNDO CrTY: EL SEGUNDO T.G.: 732 GI
PROPERTY NO.: PLENS732G18 R/P AGENT: Steve Alford —+ccOUNTY. LOS ANGELES STATE: CA --i
LAND MAPPING- IVY TAN ACCOUNT NO.: 1426
SANDERS MAP NO.: 520581, 52082 OTHER REF.: 69W13244. Assessor's Maps EDISON
M.S.: 49-82 NW DATE: 10/06/01
File Name: 2001RE014231
b ic
I
139'
MARIPOSA AVE.
26']
21
PINE AVE.
z
LEGEND
A r LANDS OF SCE AL AVE
BEING UCENSED TO HOLLY AVE.
CITY OF EL SEGUNDO {MATCH �LINE
APPROXIMATE TOWER LOCATION 0
(25- CLEARANCE)
8' WIDE SHELL CALIFORNIA PIPEUNE
TOTAL AREA(GROSS) I SQ.FT. 349,420 2 EXHIBIT $1 All
..N.AM.E:. L–NI-0.0-8-EPULVEDA-CULVER 220KV T/L R/W P.I.D. NO. 5012093 J.O.
MIN ID- RE01 4
LICENSEE: CITY OF EL SEGUNDO CrTY: EL SEGUNDO T.G.: 732 GI
PROPERTY NO.: PLENS732G18 R/P AGENT: Steve Alford —+ccOUNTY. LOS ANGELES STATE: CA --i
LAND MAPPING- IVY TAN ACCOUNT NO.: 1426
SANDERS MAP NO.: 520581, 52082 OTHER REF.: 69W13244. Assessor's Maps EDISON
M.S.: 49-82 NW DATE: 10/06/01
File Name: 2001RE014231
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request for a new Alcoholic Beverage Control
(ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine)
at a new bakery and cafe located at 131 West Grand Avenue, Suite A (Schat's Bakery Cafe), EA
No. 933 for AUP No. 11 -08. Applicant: David Schat (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to the modification of a Type 41 ABC license
at 131 West Grand Avenue, Suite A;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting District (RD)
2. Police Reporting District Map
3. Planning Commission Staff Report dated September 8, 2011
4. Approval Letter to Applicant dated August 30, 2011
5. Application and Plans
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
� C
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager k^V
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2011 — June 2011,
Exhibit 1) prepared by the Police Department, the restaurant is located in Reporting District
(RD) 111 which is in the Grand Avenue District (GAD) within the Downtown Specific Plan
(DSP) Zone. Based on 2011 reported data prepared by the Police Department, the District had a
total of 11 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
larceny- theft, motor vehicle theft and arson) and 5 felony and misdemeanor arrests. The
Reporting District is considered a high crime area with a total of 16 crimes and all arrests for
other crimes reported between January and June 2011. However, the Police Department and the
Planning and Building Safety Department do not object to the expansion of the area for the ABC
license for a new restaurant.
This license request would allow the sale of beer and wine at a new bakery and cafe. A request
for a new license is required, since no previous ABC license was issued for this address.
Restaurants are a permitted use in the Grand Avenue District (GAD) within the Downtown
Specific Plan (DSP) Zone. The applicant proposes a 199 square -foot outdoor dining area in front
of the building that will contain 6 seats and an 893 square -foot interior area that will contain 16
seats. The combined total area of the restaurant is 3,854 square feet. The proposed bakery and
caf6 dining hours of operation are: Monday through Sunday from 7:00 a.m. to 12:00 a.m. for the
indoor dining area and Monday through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor
dining area. Food service would be available in the indoor and outdoor dining area during the
hours of operation and no outdoor entertainment is proposed.
On August 30, 2011 the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 933 and AUP No. 11 -08) for 131 West Grand Avenue, Suite A.
The Director's decision was forwarded to the Planning Commission on September 8, 2011,
which chose to receive and file the item.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file the determination without objecting
to the modification of the existing Type 41 ABC license at 131 West Grand Avenue, Suite A.
P:Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA 933 \EA -933 CC SR.doc
068
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JANUARY - JUNE, 2011
PART I CRIMES AND ARRESTS BY REPORTING
DISTRICT
RD
REPORTING
I PART I CRIMES
FELONY /MISD
TOTAL
AVERAGE BY RD
DISTRICT
ARRESTS
PERCENTAGE +I-
102
4
9
0 %
0
3
-67%
MINIMUM
:- �.
s e .
0
1
-89%
108
2
3
5
-44%
5
5
10
+11%
0
0
-100%
�P.
114
U
0
0
-100%
9
9
0%
116
0
2
2
-78%
202 5
3
8
-11%
7
10
+11%
204 4
0
4
-56%
212 3
0
3
-67%
21T- 1
1
2
-78%
214- 0
0
0
-100%
302 10
0
10
+11%
303 0
5
5
-44%
4
0
2
-78%
305
1
0
1
-89%
306
0
1
1
-89%
7
1
0
1
-89%
4
0
4
-56%
0
2
-78%
1
7
-22%
12
2
0
2
-78%
313
2
0
2
-78%
4
0
0
-100%
315
4
3
7
-22%
1
2
-78%
317
3
1
4
-56%
ca
5
1
6
-33%
321
1
3
4
-56%
322
1
1
2
-78%
323 1
3
2
5
-44%
TOTALS 1
290
177
467
Number of Reporting Districts = 53
Average # of Part I Crimes per Reporting District = 5
Average # of Felony/ Misdemeanor Part I Crime Arrests per Reporting District = 3
Average # of Crimes and Arrests per Reporting District = 9
Results from 01/01/2011 through 06/30/2011
RECORDS /S 8/2/2011
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61 7 i
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: September 8, 2011
SUBJECT: Environmental Assessment No. EA -933 and
Administrative Use Permit No. 11 -08
APPLICANT: David Schat c/o Schat's LLC
PROPERTY OWNER: Doheny Enerprises, LLC/ 612 Twin Holdings, LLC
REQUEST: A request for an Administrative Use Permit (AUP) to
allow the on -site sale and consumption of alcohol
(Type 41 Alcoholic Beverage Control License for
beer and wine) at a new bakery and cafe that will
include a new outdoor dining area
PROPERTY INVOLVED: 131 West Grand Avenue, Suite A
INTRODUCTION
The proposed project is a request for an Administrative Use Permit to allow the sale
and consumption of beer and wine at a new bakery and cafe located at 131 West
Grand Avenue, Suite A. The project site is located in the Grand Avenue District
(GAD) within the Downtown Specific Plan (DSP).
The applicant is requesting a new Type 41 license for the on -site sale and
consumption of beer and wine from the California Department of Alcoholic
Beverage Control. The Director made the necessary findings to grant an
Administrative Use Permit for the on -site sale and consumption of beer and wine
and approved the Administrative Use Permit on August 30, 2011 (see Exhibit A).
ANALYSIS
The applicant requests approval to allow the sale of beer and wine (Type 41
Alcoholic Beverage Control License) at a new 3,892 square -foot bakery and cafe
that will include a new 199 square -foot outdoor dining area at the front of an existing
building. The new bakery and cafe will replace the former Blockbuster business.
The applicant proposes a new 199 square -foot outdoor dining area at the front of
the building that will contain 8 seats and an 893 square -foot interior dining area
072-
within the commercial lease space that will contain 40 seats. A combined total of 48
seats are proposed for dining.
The following chart describes the proposed dining and seating areas.
The zoning for the site is Grand Avenue District (GAD) within the Downtown Specific
Plan. Restaurants are a permitted use in this Zoning District in accordance with
Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed use (on -site sale and
consumption of beer and wine at a bakery and cafe) requires an Administrative Use
Permit in accordance with DSP § VI E.4(a). The proposed use (sale of alcohol at a
bakery and cafe with a combined total of 1,985 square feet of interior and outdoor
dining area), requires an Administrative Use Permit in accordance with DSP § VI
E.4(a).
The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot outdoor
dining area. Outdoor dining is permitted in the (DSP) Zone and no additional off -
street parking spaces are required for areas less then 200 square feet. The new
bakery and cafe with outdoor dining area meets all the development standards of
the (DSP) Zone and the required parking will be provided in compliance with (DSP)
§ VII.10 that allows existing buildings with permitted uses to change in use without
providing additional on -site parking spaces.
The previous retail use of the lease area required one (1) parking space for every
300 square feet of net floor area. The new bakery and cafe would require one (1)
space for every 250 square feet of non - dining areas and one (1) space for every 75
square feet of indoor or outdoor dining area. No additional parking spaces would be
required for the change in use, as allowed by (DSP) § VII.10 that permits the
conversion of existing downtown buildings to restaurant without additional parking.
In this case, the restaurant is located on the ground floor of a public parking
structure that will provide ample access to customer parking.
2
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0 /
�Yn
AT.�4.
a, in5=.'4.
W
Indoor Service Area
2,800 SF
0 seats
Indoor Dining Area
893 SF
40 seats
New Front Outdoor
199 SF
8 seats
Dining Area
Total
3,892 Net SF
48 seats
The zoning for the site is Grand Avenue District (GAD) within the Downtown Specific
Plan. Restaurants are a permitted use in this Zoning District in accordance with
Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed use (on -site sale and
consumption of beer and wine at a bakery and cafe) requires an Administrative Use
Permit in accordance with DSP § VI E.4(a). The proposed use (sale of alcohol at a
bakery and cafe with a combined total of 1,985 square feet of interior and outdoor
dining area), requires an Administrative Use Permit in accordance with DSP § VI
E.4(a).
The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot outdoor
dining area. Outdoor dining is permitted in the (DSP) Zone and no additional off -
street parking spaces are required for areas less then 200 square feet. The new
bakery and cafe with outdoor dining area meets all the development standards of
the (DSP) Zone and the required parking will be provided in compliance with (DSP)
§ VII.10 that allows existing buildings with permitted uses to change in use without
providing additional on -site parking spaces.
The previous retail use of the lease area required one (1) parking space for every
300 square feet of net floor area. The new bakery and cafe would require one (1)
space for every 250 square feet of non - dining areas and one (1) space for every 75
square feet of indoor or outdoor dining area. No additional parking spaces would be
required for the change in use, as allowed by (DSP) § VII.10 that permits the
conversion of existing downtown buildings to restaurant without additional parking.
In this case, the restaurant is located on the ground floor of a public parking
structure that will provide ample access to customer parking.
2
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0 /
The following chart is the parking analysis for the proposed uses:
, s
The proposed bakery and cafe dining hours of operation are: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday through
Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food service
would be available in the indoor and outdoor dining area during the hours of
operation. No amplified sound or live entertainment is proposed for the outdoor
dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
3
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074
""PARKING RATIO
Existing Retail Area
3,693 SF — 1 Space /300 SF
12 Parking Spaces
New Bakery and
Cafe Non Dining
1,800 SF — 1 Space /250 SF
7 Parking Spaces
Area
New Bakery and
Cafe Indoor Dining
893 SF — 1 Space /75 SF
12 Parking Spaces
Area
New Front Outdoor
199 SF — 1 Space /75 SF for
0 Parking Spaces for the First
200 SF of Outdoor Dining Area; 0
Dining Area
area greater than 200 SF
Parking Spaces Required
19 Parking Spaces Required for
New Bakery and Cafe
(12 Parking Spaces Provided —
Total
3,892 Net SF
for previous permitted
commercial retail use)
(No additional Parking Spaces
are Required Pursuant to
(DSP ) § VII.10
Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest
whole number.
The proposed bakery and cafe dining hours of operation are: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday through
Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food service
would be available in the indoor and outdoor dining area during the hours of
operation. No amplified sound or live entertainment is proposed for the outdoor
dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
3
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074
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes
an alcohol license for an existing commercial lease space which results in a minor
alteration in the operation of an existing building. The project is not anticipated to
have any significant impacts with regard to traffic, noise, air quality, or water quality.
There are adequate utilities and public services to serve the project.
IV. INTER - DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all the relevant City
Departments and are attached to this report.
V. RECOMMENDATION
Receive and File the Director's approval of the Administrative Use Permit.
VI. EXHIBITS
A. Administrative Use Permit Approval Letter, dated August 30, 2011
B. Administrative Use Permit application
C. Plans
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Christensen, AICP, Planning Manager
Department of Planning & Building Safety
Gre rpent , Director
De ment of Planning & Building Safety
4
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Plan ning) \926- 950 \EA - 933 \EA- 933.PCsr.doc
67;
Planning & Building Safety Department
August 30, 2011
David Schat
Elected Officials:
Schat's Bakery Cafe
Eric K. M
Mayor
131 West Grand Avenue, Suite A
Bill Fisher,
Mayor Pro Tem
El Segundo, CA 90245
Carl Jacobson,
Council Member
Don
RE: Environmental Assessment No. EA -933 and
Council Member
Suzanne Fuentes,
Administrative Use Permit (AUP) No. 11 -08
Council Me
Cindy
To allow the sale of beer and wine for on -site consumption (Type 41
City Clerk
Ralph
Alcoholic Beverage Control License) at a new bakery and cafe
rea
Citty y Treasurer
( Schat's Bakery Cafe).
Appointed officials:
Address: 131 West Grand Avenue, Suite A
Doug Willmore,
City Manager
Mark D. ley,
Dear Mr. Schat:
City tyAtto Attorney
This letter is to inform you that, in accordance with El Segundo Municipal
Department Directors:
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed your
Deborah Cullen, a /Human Resources
application for the above - referenced project and the Director of Planning
Kevin
and Building Safety APPROVED Environmental Assessment No. EA -933
De
and Administrative Use Permit (AUP) No. 11 -08 for the sale of beer and
Library Services
GrPlanning
wine for on -site consumption at a new bakery and cafe at 131 West Grand
and Building
Safety /EconomlcDev.
Avenue, Suite A. The Administrative Use Permit approval includes a 199
Mitch Tavera,
Police Chief
square -foot outdoor dining area at the front of the building and an 893
Stephanie Katsouleas,
Public Works
square -foot interior dining area. The following are the findings and facts in
Robert Cummings,
Recreation & Parks
support of each finding for this decision:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
www.elsegundo.org
Environmental Assessment No. 933
Finding 1
The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act ( "CEQA ") pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities) and pursuant to 14 California Code
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167
of Regulations § 15303 as a class 3 categorical exemption (New
Construction or Conversion of Small Structures).
Facts in Support of Finding 1
1. The applicant requests approval to allow the sale of beer and wine at a
new 3,854 square -foot bakery and cafe that will include a new 199
square -foot outdoor dining area at the front of an existing building. The
project results in a minor alteration in the operation of an existing
building involving a minor expansion of the existing commercial use.
The request is to allow the sale and consumption of alcohol in both the
interior 893 square -foot dining area and new 199 square -foot outdoor
dining area. The project is not anticipated to have any significant
impacts with regard to traffic, noise, air quality, or water quality. There
are adequate utilities and public services to serve the project. The
property is in an urbanized area where it has adequate access and all
public services and facilities are available. In addition, the site is not in
an area that is environmentally sensitive. Therefore, the project is not
anticipated to have any significant impacts with regard to traffic, noise,
air quality or water quality.
Administrative Use Permit 09 -01
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide the sale of beer and wine (Type 41 ABC
License) for on -site consumption at a new bakery and cafe with a new outdoor
dining area at the front of the building. The interior lease space for the new
bakery and cafe is 3,854 square feet in net floor area. The applicant proposes a
new 199 square -foot outdoor dining area at the front of the building and an 893
square -foot interior dining area within the commercial lease space for the bakery
and cafe. The applicant proposes a combined total of 48 seats. No outdoor
entertainment is proposed. The sale of alcohol in the indoor dining area will be
limited to 12:00 a.m. and the outdoor dining area will be limited to 10:00 p.m.
2. The site is located in the Grand Avenue District (GAD) Zone within the Downtown
Specific Plan (DSP) of the block bordered by Holly Avenue to the north, Main
Street to the east, Richmond Street to the west, and Grand Avenue to the south.
679
2
3. The bakery and cafe is compatible with the surrounding land uses which include
commercial retail, restaurant, office uses, a parking structure and residential
uses.
4. The General Plan land use designation for the site is Downtown Specific Plan.
5. The zoning for the site is Grand Avenue District (GAD) within the Downtown
Specific Plan (DSP). Restaurants are a permitted use in this Zoning District in
accordance with Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed
use (on -site sale and consumption of beer and wine at a bakery and cafe)
requires an Administrative Use Permit in accordance with DSP § VI E.4(a). The
proposed use (sale of alcohol at a bakery and cafe with a combined total of 1,985
square feet of interior and outdoor dining area), requires an Administrative Use
Permit in accordance with DSP § VI E.4(a).
6. The bakery and cafe must obtain a State of California Alcohol and Beverage
Control (ABC) license for on -site sale and consumption of alcohol (Type 41).
7. On September 8, 2011, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
The General Plan land use designation for the site is Downtown Specific Plan.
2. The zoning for the site is Grand Avenue District (GAD) within the Downtown
Specific Plan. Restaurants are a permitted use in this Zoning District in
accordance with Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed
use (on -site sale and consumption of beer and wine at a bakery and cafe)
requires an Administrative Use Permit in accordance with DSP §VI E.4(a). The
proposed use (sale of alcohol at a bakery and cafe with a combined total of 1,985
square feet of interior and outdoor dining area), requires an Administrative Use
Permit in accordance with DSP §VI E.4(a).
3. The Grand Avenue District is intended as a pedestrian- oriented mixed -use center
of community- serving retail, office, community gathering and open space. The
sale of alcohol at a new bakery and cafe is a community serving retail use for the
local residents, local employees, and visitors to the city. The proposed use is
consistent with the zone in that it serves residents, local employees, and visitors
in a pedestrian- oriented ground floor level of an existing commercial building
within the Downtown Specific Plan.
GI 17 8
4. The proposed use is consistent with the goals, objectives, policies, and programs
of the Downtown Specific Plan by expanding the neighborhood serving
commercial uses, maintaining the "small town" atmosphere with moderate
density, and improves the business environment of Downtown.
5. The proposed use is consistent with Economic Development Goal ED3 in that it
preserves and improves the business environment and image of Downtown El
Segundo. The proposed use is consistent with Objective ED3 -1 of economic
development in that it contributes to El Segundo's commercial options. The
proposed is consistent with Policy 3 -1.2, 3 -1.3, and 3 -1.5 in that it preserves
Downtown's economic viability, encourage revitalization efforts Downtown, and
encourage a mix of retail and commercial businesses that stimulate pedestrian
traffic and meet the communities need for changing needs for goods and
services.
6. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses without adversely affecting the viability of Downtown. The proposed use is
consistent with Objective LU4 -2 in that it serves as a focal point for the social
environment of the community. The proposed use is consistent Policy LU4 -2.1 as
it revitalizes and upgrades commercial areas, making them a part of a viable,
attractive and people- oriented commercial district.
7. The surrounding land uses include: commercial retail, office, restaurants, a
parking structure and residential uses. The proposed restaurant use is
compatible with the surrounding uses. Other restaurants in the same district have
alcohol licenses for the sale of beer and wine.
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot
outdoor dining area. The new bakery and cafe with outdoor dining area meets all
the development standards of the (DSP) Zone and the required parking will be
provided in compliance with (DSP) § VII.10 that allows existing buildings with
permitted uses to change in use without providing additional on -site parking
spaces.
4
070-
2. The surrounding land uses include commercial retail, office, restaurants, a
parking structure and residential uses. The bakery and cafe is a permitted use
within the Downtown Specific Plan (DSP) Zone and the sale of beer and wine is
permitted with an Administrative Use Permit.
3. The proposed bakery and cafe dining hours of operation is on: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday
through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. No
amplified sound or live entertainment is proposed for the outdoor dining area.
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a bakery and cafe with indoor and outdoor dining
areas.
2. The proposed hours of operation for alcohol sales and the location of the
restaurant will help to minimize impacts on surrounding uses.
3. The proposed bakery and cafe dining hours of operation are: Monday through
Sunday .from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday
through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food
service would be available in the indoor and outdoor dining area during the hours
of operation. In addition, the subject site is accessible to pedestrians from the
surrounding area and the downtown.
4. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
0810
5
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Department Director APPROVES the proposed project, subject to the
following conditions:
1. The proposed hours of operation are: Monday through Sunday from 7:00 a.m. to
12:00 a.m. for the indoor dining area and Monday through Sunday from 7:00 a.m.
to 10:00 p.m. for the outdoor dining area. Food service must be available at the
bakery and cafe in the indoor and outdoor dining area during the hours of
operation. Any change to the hours of operation or the hours that alcohol may be
served is subject to review and approval by the Director of Planning and Building
Safety.
2. The seating for the bakery and cafe must be limited to 8 seats in the new outdoor
dining area, 40 seats in the indoor dining area for a combined total of 48 seats at
the subject site.
3. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be served, and /or the conditions of approval must
be referred to the Director of Planning or designee and Building Safety for
approval and a determination regarding the need for Planning Commission
review of the proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The bakery and cafe operations must comply with ESMC §§ 7 -2 -1, et seq.
regulating noise and vibration.
6. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
8. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
C1 1
A.
z
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
9. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the restaurant dining areas at eye level.
The sign must be worded in a way that reminds patrons who are consuming
alcohol to designate a non - drinking driver.
10. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
11. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
12
13
Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Inglewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the Planning
Manager's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of
patrons and their vehicles one -half hour after closing.
7 �`�
14. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, and patio, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
15. The outdoor dining areas containing seating must comply with ESMC § 15 -2 -16.
16. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
17. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
18. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 933 and Administrative Use Permit No. 11 -08. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -933 or AUP
11 -08, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its September 8, 2011 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on September 20, 2011.
If you have any questions regarding this project, please contact Maria Baldenegro,
Project Planner, at (310) 524 -2341.
Sincergly,
Gre rpeler, Director
De ment of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Plan ning) \926- 950 \EA - 933 \EA- 933.AUP.letter.doc
8 l�$.
01'r Y Off,
C SE U �4 "Or. Seg E
PLANNING L vl'glos':
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 524 -2344; FAX: (310) 322 -4167
www.elseg_undo.org
APPLICATION FOR AN ADMINISTRATIVE USE PERMIT
Environmental Assessment No: AUP No: / / —a t
Applicant:
I)A\f) D 5C-PAJT - 5a4AT1s LLC
Name (print or type)
15 t A- tom. Cam? ANA Ail
Address
G L �E�ur•s DO , c A �C a2q 5
City /St/Zip
Date: /D !/
310 -1349- 070Z 888.5bia-74M-
Phone
Fax
C_ a -5OCA . rr. C,,OKA .
Email—"'----, r s, 1 1 _
Signature
Check One: Owner ❑ Lessee 0 Agent ❑
Property Owner:
V 01-I e -N y �--L. <—
G12- Twl &f Pot w t\1 to S 4 L L C
Name (print or type)
87(e '& �Cq
Address
m Xtit N AIrA r`1 8 CIN Ci0744
City /St/Zip
`310 -5V6 -5)51 3 1 „5y6 -767 ,
Phone Fax
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Signature
Representative of applicant: (i.e., attorney, expeditor, etc.)
µ(&
N me (print or type)
Address
City /St/Zip
EA -933; AUP 11.08
131A W. Grand Ave.
Phone
Email
Signature
Fax
Architect/Engineer:
FV -A+iV. GL )44 --
Name (print or type)
2 M&It1 5T
Address
V-1_ 5EF6,Vi,4b0 CA- 2,4 -6
City /St/Zip
MID 322 -0022 31D -322- 5322
Phone Fax
��� 5 a a a rcL� 4 CC[Qse , COW .
Email
Signature
Property situated at: .5io u'r4 BAST Co �I EK- of PQ P-Ki rs CC ST "Cru ?-z
(Exact legal description. Provide attachment, if necessary).
General location: 131IN ePAf-AD Ay E between ni A ► ti! '- P1 CFA- WI 0/-4 �7
Address (Street/Avenue (Street /Avenue)
Zoning: General Plan Land Use Designation:
El Segundo Municipal Code Sections Relating to Request:
Request: Under the provisions of Section 15 -22 -3 of the El Segundo Municipal Code, application for
consideration of an Administration Use Permit for the above described property.
Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e.,
bank, general office, industrial, restaurant, etc.) buildings, and other equipment necessary to the project.
$AKG?`{ D e I-1 5001 I r4& 8a � D GOODS , -SAM Dw t C14G s
�o ELNi ora PeiN41 GAS o f- 7T—D Coo . E7E C:P- -A- N rz'
5C?-\fei FOE. 'D I J IZ aA QN I--(
Describe the existing development on the site (include square footages and uses of each building).
CoCOD 1 U FF -�� v 9A.�tT_ 60 LA, SC N t CE 1?- 66,,FA Q R4NL
DON-OST DF'FI CIF 2i-k4T1"SI_ s�e.4 t C-E `a
CoOt-E s M A, �K-�'i -- FO L-L- a M e 'Su ?�rfU� .6, Q-K ET
C,85
3. Explain in detail why this particular site is especially suited for the proposed development and how it is
compatible with the purpose of the zone.
Tit E Gib o'!i EL Sez-_.vN DO L ALK� A- P._'TAi L i ;,twe_ �
:3`
QF110MZ.
4. Describe how the proposed project relates to the development of adjacent properties and the immediate
area and will not have detrimental effects to the adjacent properties or neighborhood.
OVL ?RODuC-T �F'F tsCoS DRAv� �N U�1ti3ise -Dt.�/ Y1A0gl�E
5. Describe the requested hours of operation of the proposed use /uses. Please list hours for each use if there
are multiple uses on the site. If the application is for an alcohol permit, please also clarify if any
entertainment is proposed and what are the requested hours of entertainment.
WAX a I ►. M
6. If the application is for an alcohol permit, please list the type of alcohol license you are requesting (i.e., Type
41, On -site Sale and Consumption of beer and wine).
LM
G 8 6
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We 8c>r �_,r— 5 . �_ (- C_ being duly sworn depose and say that I /we
the OWNER of the property involved in this application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of my /our knowledge and belief.
Signature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his day of ,20 , before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the person whose name
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
subscribe to the within
Notary Public in and for said County and State
087
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Las &aglez
On �j AA _ before me, `CA Y. h 4� "11rY b�iC
Date Here Insert Name and T e of the Oflicer
personally appeared t1 k �� New "O'A i
Name(s) of Signer(s)
NK)NICA ly NIAKONNEN
Commission # 1854054
Notary Public - Californis
Los Angeles County
it Comm. luires Jun 14, 2013
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is/ e
subscribed to the within instrument and acyow ledged
to me that he/4/Ky executed th4 same in
his /t�&/Keir authorized capacity�ieSj, and that by
his /Vrr /thdir signaturej,4'j on the instrument the
perso%K, or the entity upon behalf of which the
perso ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: "Aa-
Place Notary Seal and /or Stamp Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date:
ument
owdef:�
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
4
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
02008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org
Item #5907 Reorder: Call Tall -Free 1.800- 876 -6827
X188
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
�j C-
1, We U lb �. N �, ��� C \t, being duly sworn depose and say that I /we
the OWNER of the propertyYnvolved in thi? application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of mylour knowledge and belief.
ignature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his day of 20 before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the person whose name subscribe to the within
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
t18'q
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Iju P'9 eleg
On >0 2M ) I before me, ��r�i 41 y 044iii,,I d ", �1J� Ii (-
Date t Here Insert Name and Title of the Officer
personally appeared ;P.triZ
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose namex is/
subscribed to the within instrument and ackn6wledged
to me that he /s,?(�e/tKy executed the same in
MONICA Y. MAKONNEN his /h�K!tKir authorized capacity, and that by
Commission # 1854054 Z his /hy /tVl5ir signatureK on the instrument the
Notary Public • California > person, or the entity upon behalf of which the
Los Angeles County person,,_ acted, executed the instrument.
My Comm. Expires Jun 14, 2013
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
il
Signature: ,/ r `,a,
Place Notary Seal and /or Stamp Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document , I ,p� ' ,
Title or Type of Document: _&Pi ;cAa i4 mg,, AAi �4dn; oj i$','1fa� YG Use o-o-414
Document Date:
QvjAdv.i WadlWri-
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual M
❑ Partner-0 Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
i i;0
OWNER'S AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand that this person will be the primary contact on the project and will be sent all
information and correspondence.
Owner's Signature
APPLICANT AFFIDAVIT
Date
I, We -DQ14 1 D SC.NAT — JL.iI=C am (are) the APPLICANT(S)
of the property involved in this application; I (we) have familiarized myself (ourselves) with the rules and
regulation of the City of El Segundo with respect to preparing and filing this application; and the information
documents and all plans is true and correct to the best of my (our) knowledge and belief.
<- �t <a L--�-
Applicant's Signature
5
Date
091
Procedures for filing application
Submit the application with the signatures of the owner /owners of the property owner(s) and applicant(s)
to the Planning Division along with the following documents:
1. Submit the properly completed application to the office of the Planning Division. Signature of the
owner, owners, lessee, and /or agent shall be notarized before a Notary Public.
2) File application property completed in the office of the Planning and Building Safety Dept. along
with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if
applicant), and /or agent shall be required on all applications.
3. Applicant shall provide all information, drawings, and other materials as requested by the
Planning
Department as indicated.
4. Pay filing fee. (see fee schedule)
5. Applicant and affected property owners will be notified of time of hearing.
6. Applicant must be present at the hearing and may offer additional evidence to support his /her
support.
7. There shall be an additional fee for filing an appeal.
8. A map of all properties within a 300 -foot radius of the subject property, keyed to a list of names and
address of the current property owner(s). Planning Staff can assist in the preparation of the radius
map. The names and addresses of the property owner(s) can be obtained by contacting: Los Angeles
County Assessors Office, 24330 Narbonne Avenue, Lomita, California. Phone number: (310) 534-
6100.
9. Certification that the names and addresses provided are those of the property owner(s) currently
listed in the latest available Tax Assessor's records. (Your hearing may be delayed if an excessive
number of notices are returned).
10. Unaddressed business envelopes with no return address, stamped with first class postage, of
sufficient number to contact every property owner within the 300 -foot radius map. The subject
property owner(s), the applicant(s), and any other interested party which the applicant wants notified
(sufficient for two mailings).
11. Two sets of adhesive mailing labels and one copy of a list of names and addresses, both keyed
into the radius map in item #1 with the names and addresses of every person indicated in item
#3.
12. "Provide eight (8) sets of plans (site plans, floor plans, and elevations), p a itle report (new
y construction only), and all other information request by the Planning Div' ion. All p s must be
folded to a maximum of 8 %2" x 11 ".
13. Signature page of application must be notarized, as noted on the fee schedule.
14. Pish and Game Document Handling fee - $75.00 (all projects). County of Los Angeles Public
--- --Haring Notice posting fee - $75.00 (for projects with an Initial Study and Negative Declaration.
Mitigated Negative Declaration, or Environmental Impact Report. Not required for projects which
are exempt from CEQA). Two separate checks, each made payable to the County of Los
nc��
Angeles.
15. Any other information as determined necessary by the Director of Planning and Building Safety.
16. Applicant will be notified within five (5) working days as to the completeness of application.
17. The Director of Planning and Building Safety will approve or deny the application within ten (10)
working days from the date the application is deemed complete.
18. The Director's decision will be set for the next available agenda of the Planning Commission
meeting as a receive and file item, and noticed through the Public Notice process. Any Planning
Commission may request that an item be discussed. The decision of the Director is not final until
received and finaled or acted upon by the Planning Commission or upheld on appeal.
Date Received: / ; 4 l / EA No:
Planner: (print name) 4 R CS'Z,� AUP No: �—
Signature: Fee Paid: a,6'�`--
Rev. 03 -01 -07
PAPlanning & Building SafetylFORMS - PLANNINGIAPPLICATIONS\Revised ApplicationslMy RevisionsXAdminstrative Use Permit.doc
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request for an Alcoholic Beverage Control (ABC)
license for the on -site sale and consumption of alcohol for a new restaurant within the Hyatt
Place Hotel (Type 47 On -sale General for Bona Fide Public Eating Place) located at 750 North
Nash Street. Applicant: Michael Gallen, OTO Development. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to approval of a Type 47 ABC license (On -sale
General for Bona Fide Public Eating Place) for a new restaurant within a hotel at 750 North
Nash Street; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report, dated April 28, 2011
4. Administrative Use Permit Letter, dated April 21, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager AA,,-J
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
II. Analvsis
According to the Crime and Arrest statistics report prepared by the Police Department, the
a
1 09
proposed hotel restaurant is located in Reporting District (RD) 307. Based on the July —
December 2010 reported data prepared by the Police Department, the district had a total of two
Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -
theft, motor vehicle theft and arson) and 1 Part II crimes for a total of 3 crimes. Additionally,
since the application was received and filed by the Planning Commission in April 28, 2011, the
Police Department has issued January -June 2011 Crime and Arrest statistics. Based on those
reported data, the district had a total of one Part I crime and one Part II crime for a total of two
crimes. The Reporting District is not considered a high crime area and the Police Department
and the Planning and Building Safety Department do not object to the issuance of a Type 47
ABC license at the restaurant.
The proposed location of the project is currently vacant. It is part of the larger Corporate Campus
Specific Plan mixed -use complex of commercial offices and retail project (Environmental
Assessment EA -548) approved by the City in 2001. A Hyatt Place hotel is planned for
construction on the site. A restaurant with alcohol service and outdoor dining is proposed as
accessory uses to the hotel. Alcohol would be served in the Cafe /Bar area within the restaurant.
The alcohol may be consumed in the restaurant, the adjacent outdoor main patio, meeting room,
and an outdoor meeting room patio. These areas total approximately 6,875 square feet with
approximately 1,850 square feet located outdoors. No poolside service and room service of
alcohol is proposed. The indoor dining areas and main patio area will operate 24 hours a day
serving food and beverages. The proposed uses are located on the first floor of the 5 -story hotel.
The outdoor main patio area will be enclosed by a 3 -foot to 6 -foot decorative wall and fence.
Alcohol service is proposed daily between 7 a.m. to 12 a.m.
On April 21, 2011, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 906 and AUP No. 11 -01) for 750 Nash Street. The Director's
decision was forwarded to the Planning Commission on April 28, 2011. On April 28, 2011 the
Planning Commission chose to Receive and File the item with the conditions of approval. Staff
postponed bringing this item before the City Council pending the conclusion of a concurrent
request to modify a condition of approval for the Corporate Campus Specific Plan to allow
alcohol service for hotels from 7 a.m. to 2 a.m. daily. The condition modification request was
approved by the City Council on August 16, 2011 and became effective on September 15, 2011.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to the
issuance of a Type 47 ABC license for the hotel restaurant at 750 Nash Street.
PA\Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925\EA- 906 \EA -906 AUP I 1 -01 750 Nash Street CC sr.do.c
lid
EL SEGUNDO POLICE DEPARTMENT
PART I AND PART II CRIMES STATISTICAL REPORT
REPORTED PERIOD: JULY — DECEMBER, 2010
HIGH CRIME AREA BY REPORTING DISTRICT
REPORTING
DISTRICT
103 1
PART I CRIMES PART II CRIMES TOTAL
4 8 12
105
3 11 14
106
0
7 7
108
7
13 2
109
3
5 8
110
1
3 4
111
4
5
1
14 19
10 11
115
2
8 10
116
1
7
201
10
9 19
203 4
9 13
204 2
15 17
205 5
16 21
206 3 14 17
213 0 4 4
214 1 0 1
301 5
10 15
02
1
5
6
303
0
14
14
04
1 0
9
9
305
0
12
12
6
3
6
9
307
2
1
3
309
4
4
8
10
2
5
7
311
3
7
10
312
2
4
6
313
0
0
0
314
1
8
9
315
0
12
12
16
1 3
5
317
1 4
10
14
321
0
5
5
322
0
4
4
323
0
4
4
TOTALS
290
64
0
Number of Reporting Districts = 53
Total Part I Crimes and Part II Crimes =
City Average for all Reporting Districts (930 / 53) = 18
Records /eg Page 1 2/3/2011
EL SEGUNDO POLICE DEPARTMENT
Records /eg Page 1 8/3/2011
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: April 28, 2011
SUBJECT: Environmental Assessment EA No. 906,
Conditional Use Permit CUP No. 11 -01, and
Administrative Use Permit AUP No. 11 -01
APPLICANT:
Michael Gallen, OTO Development
PROPERTY OWNER: TPG -EI Segundo Partners, LLC
REQUEST: A Conditional Use Permit for outdoor dining and
an Administrative Use Permit request to allow the
on -site sale and consumption of alcohol in
conjunction with a hotel restaurant
PROPERTY INVOLVED: 750 Nash Street
INTRODUCTION
The proposed project is a request for a Conditional Use Permit to allow outdoor
dining and an Administrative Use Permit to allow alcohol service at the proposed
Hyatt Place hotel. The proposed hours to sell alcohol are daily between 7 a.m.
and 12 a.m. The proposed project is located at 750 North Nash Street in the
Corporate Campus Specific Plan. The property is located on the block bounded
by Maple Avenue on the north, Campus Square West on the east, Nash Street
on the west, and Campus Drive on the south.
II. BACKGROUND
The proposed location of the project is currently vacant and part of the larger
Corporate Campus mixed -use complex of commercial offices and retail approved
by the City in 2001 under EA -548. A Hyatt Place hotel is slated to be constructed
on the site. A restaurant with alcohol service and outdoor dining is proposed as
accessory uses to the hotel. Alcohol will be served in the Cafe /Bar area within
the restaurant. The alcohol may be consumed in the restaurant, the adjacent
outdoor Main Patio, meeting room, and an outdoor meeting room patio. These
areas combined are approximately 6,875 square feet with approximately 1,850
square feet are located outdoors. No poolside service and room service of
alcohol is proposed. The indoor dining areas and Main Patio area will operate 24
hours a day serving food and beverages. The proposed uses are located on the
l
first floor of the 5 -story hotel. The outdoor Main Patio area will be enclosed by a
3 feet to 6 feet decorative wall and fence.
The proposed project site is located in the Corporate Campus Specific Plan. The
applicant plans to apply for either Type 41 (Onsale Beer & Wine — Eating Place)
or Type 47 (Onsale General — Eating Place) Alcohol Beverage Control (ABC)
license. A condition of approval is proposed that the applicant obtain an ABC
license prior to opening the restaurant.
The surrounding land uses are as follows:
Land Uses
Zone
North: Commercial uses Corporate Campus Specific Plan
South: Soccer field Corporate Campus Specific Plan
East: Vacant Corporate Campus Specific Plan
West: Commercial uses Urban Mixed -Use North
III. ANALYSIS
ZONING CONSISTENCY
The following table contains the development standards for the Corporate
Campus Specific Plan.
2
Corporate Campus Specific Plan
Proposed
AUP for alcohol, CUP for outdoor
Accessory on -site sale and
Permitted
dining
consumption of alcohol and
Uses
Corporate Campus Specific Plan
outdoor dining
§V. C and D
Complies
Minimum 10,000 square feet
93,654 square feet.
Lot Area
Corporate Campus Specific Plan §V.
Complies
F2
175 feet max.
Maximum 75.5 feet for the
Height
Corporate Campus Specific Plan §V.
hotel.
F3
Complies.
Hotel:
Front (Maple Avenue): 110
15 feet from adjacent public right-
feet;
of -ways, and private streets;
Side (west): 76 feet;
Setbacks
5 feet for all other interior
Side (east): 20.5 feet;
setbacks.
Rear: 116 feet.
Corporate Campus Specific Plan
Measured to the exterior of
§V. F.4
outdoor patios.
Front (Maple Avenue): 240
feet;
2
Off - street Parking
The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation of the project site is Corporate Campus
Specific Plan. The proposed project is consistent with the Goals and Policies of
the General Plan as specified in the attached Approval Letter and Resolution.
i1b
Corporate Campus Specific Plan
Proposed
Side (west): 76 feet;
Side (east): 5 feet;
Rear: 70 feet.
Complies
• Overall: 197,300 sf
approved office /light
industrial + 18,700 sf
retail + 86,960 sf hotel /
2,025,540 sf site area =
Maximum 1:1; non - office uses not
0.14:1;
to exceed 20% of the total overall
20 %: (18,700 sf retail +
Floor Area
gross square footage
86,960 sf hotel) /
Corporate Campus Specific Plan
(1,740,000 sf office +
§V.F.11
87,000 sf hotel +
100,000 sf light
industrial + 248,000 sf
commercial retail) = 5%
Complies
Walls and
None
Max. 6 feet
Fences
ESMC 15 -5E -7G and 15 -2 -4
Complies
Five percent (5 %) of the at -grade
No new vehicular use area
total vehicular use area must be
is proposed. No new
Landscaping
landscaped.
landscaping is required.
Corporate Campus Specific Plan
Complies
V.F.13
Proposed use is accessory, no
120 parking spaces for the
Parking
additional parking requirements.
hotel use.
Corporate Campus Specific Plan
Complies
§V.F.10
Off - street Parking
The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation of the project site is Corporate Campus
Specific Plan. The proposed project is consistent with the Goals and Policies of
the General Plan as specified in the attached Approval Letter and Resolution.
i1b
ADMINISTRATIVE USE PERMIT
In accordance with ESMC §15 -22 -5, the Planning Commission may grant an
Administrative Use Permit if it determines that the following four findings can be
met:
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the
zone in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
CONDITIONAL USE PERMIT
Pursuant to El Segundo Municipal Code §15 -23 -4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in ESMC §15 -23 -6. The required findings state that: 1) the proposed
location of the conditional use permit is in accord with the objectives of the Title
and the purposes of the zone in which the site is located; 2) the proposed
location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity; and
3) the proposed conditional use will comply with each of the applicable provisions
of this Chapter. Facts in support of said findings are outlined in the attached
resolution of approval.
Staff believes that there is adequate evidence to support the three required
Conditional Use Permit findings subject to the listed conditions of approval in the
attached resolution. The Planning Commission may consider and impose
additional conditions which it deems necessary, if it demonstrates a reasonable
relationship between the condition it desires to impose and the project's impact.
4
IV. INTER - DEPARTMENTAL COMMENTS
The project application and plans were circulated to all departments and all
comments are attached to the report. Staff has incorporated those comments as
conditions of approval where appropriate.
V. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).
The project includes an Administrative Use Permit to allow the sale of beer and
wine at a proposed restaurant and a Conditional Use Permit for outdoor dining.
The project is not anticipated to have any significant impacts with regard to
traffic, noise, air quality, or water quality. Only minor exterior changes to the
previously approved hotel are proposed. Moreover, the project is proposed to be
built on a site of not more than five acres surrounded by urban uses. Further, the
site has no value as habitat for endangered, rare, or threatened species. There
are adequate utilities and public services to serve the project.
VI. RECOMMENDATION
Planning staff recommends that the Planning Commission Receive and File
Administrative Use Permit No. 11 -01 and adopt Resolution No. 2693 approving
Environmental Assessment No. EA -906 and Conditional Use Permit CUP No. 11-
01.
VII. EXHIBITS
A. Draft Resolution No. 2693
B. Administrative Use Permit Approval Letter, dated April 21, 2011
C. Interdepartmental Comments
D. Site Plan /Floor Plan
Prepared by: Bryan Fernandez, Assistant Planner
Paul Samaras, Acting Planning Manager
Planning and Building Safety Department
Greoarperfter, Director
Planning and Building Safety Department
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \901- 925\EA 906\EA -906 AUP 11 -01 CUP 11-01750 Nash Street. PC
SR.doc
5 1
RESOLUTION NO. 2693
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA -906 AND CONDITIONAL USE PERMIT CUP NO. 11-01 TO ALLOW A
1,850 SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION
WITH A HOTEL RESTAURANT AT 750 NASH STREET.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On January 20, 2011, Michael Gallen on behalf of OTO Development filed an
application for Environmental Assessment No. EA -906, Conditional Use
Permit No. 11 -01 to allow the construction and operation of a new 1,850
square -foot outdoor dining area for a proposed Hyatt Place hotel restaurant
located at 750 Nash Street;
B. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity with
the El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations 015000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16,1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for April 28, 2011;
E. On April 28, 2011, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Michael Gallen; and
F. The Commission considered the information provided by City staff, public
testimony, and Michael Gallen. This Resolution, and its findings, are made, in
part, based upon the evidence presented to the Commission at its April 28,
2011 public 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 following
facts exist:
A. The subject site is located in the Corporate Campus Specific Plan at 750
Nash Street.
119
B. The subject site is bounded on the south by Campus Drive, on the west by
Nash Street, on the north by Maple Avenue, and on the east by Campus
Square West.
C. The subject site is currently a vacant 93,654 square feet lot that is approved
for a hotel. The subject site is part of the much larger 46.5 -acre mixed -use
commercial complex of Corporate Campus Specific Plan.
D. The subject site will have 120 parking spaces. Since the outdoor dining is an
accessory use to the operation of the hotel and the dining areas are geared
primarily for the guests of the hotel, no additional parking is required.
E. A Conditional Use Permit is required for outdoor dining areas which exceed
200 square feet or 20% of the indoor dining area, whichever is less, pursuant
to ESMC §15- 5F -5(H).
F. The proposed outdoor dining area is approximately 1,850 square feet.
SECTION 3: Environmental Assessment. The proposed project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities). The project includes an Administrative Use Permit to allow the on -site sale and
consumption of alcohol at a proposed restaurant and a Conditional Use Permit for outdoor
dining. The project is not anticipated to have any significant impacts with regard to traffic,
noise, air quality, or water quality. Only minor exterior changes to the previously approved
hotel are proposed. Moreover, the project is proposed to be built on a site of not more than
five acres surrounded by urban uses. Further, the site has no value as habitat for
endangered, rare, or threatened species. There are adequate utilities and public services to
serve the project.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The El Segundo General Plan land use designation for the property is
Corporate Campus Specific Plan. This designation permits a mixture of
office, research and development, retail, restaurants and hotel uses. Outdoor
dining areas in conjunction with a restaurant that exceed 200 square feet or
20% of the indoor dining area, whichever is less, are permitted in the
Corporate Campus Specific Plan with approval of a Conditional Use Permit.
B. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use is
consistent with these goals since it expands quality retail service facilities in
proximity to major employment centers, it is economically viable,
environmentally safe, it provides a stable tax base and it minimizes any
negative impact in the City.
i�
2
C. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new
commercial uses, primarily within a mixed -use environment, without adversely
affecting the viability of Downtown.
D. The proposed use is consistent with Land Use Element Objective LU4 -1 in
that it promotes the development of high quality retail facilities in proximity to
major employment centers.
E. The proposed use is consistent with Land Use Element Objective LU4 -4 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and a encourage pedestrian
environment.
F. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed on -site sale and consumption of alcohol will be
compatible with the surrounding uses.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. The proposed location of the conditional use is in accord with the objectives of
this Title and the purposes of the zone in which the site is located.
The zoning designation for the subject site is Corporate Campus Specific
Plan. This zone allows outdoor dining areas which exceed 200 square feet or
20% of the indoor dining area, whichever is less, subject to the granting of a
conditional use permit pursuant to §V. C and D of the Corporate Campus
Specific Plan. The size of the outdoor dining area is appropriate to its location
as it will be incidental to the hotel restaurant. The permitted uses in the zone
are a mixture of commercial, office, research and development, retail,
restaurant and. hotel uses. The subject site is currently vacant but is
approved for a hotel. Businesses located within this Specific Plan are
encouraged to provide street level uses which allow for, and facilitate,
pedestrian activity for area workers and visitors. The outdoor dining area in
support of the existing restaurant is in accord with the principal objectives of
the zone.
B. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity.
The proposed location of the conditional use is adjacent to the proposed hotel
building. The larger outdoor Main Patio is located on the north -side facing the
rear of the property and the outdoor meeting room area is located on the
westside facing Nash Street. The two outdoor areas are connected by the
4. i.
3
indoor restaurant and the meeting room. No particular use is adjacent or near
the proposed outdoor dining area that could be impacted by the operation of
the outdoor dining area. The area is surrounded by a mix of commercial
offices, soccer field, and other restaurants. Outdoor dining activities are not
anticipated to be detrimental to adjacent businesses and no residential uses
are located in the vicinity. Accordingly, the proposed location of the
conditional use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESMC Chapters 15 -23 and 15 -27 since proper notice was provided and
proper hearing is scheduled for April 28, 2011. In addition, proper hearing
decision and records will be complied with, and the required findings will be
considered. The proposed project meets all of the current ESMC
requirements.
SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -906 and Conditional Use Permit No. 11 -01.
SECTION 7: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to
OTO Development c/o Michael Gallen and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of April 2011.
0
ATTEST:
Greg Carpenter, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
M
Dave Wagner, Chair
City of El Segundo Planning Commission
Karl H. Berger, Assistant City Attorney
4i
Wagner
Fellhauer
Baldino
Barbee
Newman
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PLANNING COMMISSION RESOLUTION NO. 2693
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "),
Northrop Grumman agrees to comply with the following provisions as conditions forthe City
of El Segundo's approval of Environmental Assessment No. EA -906 and Conditional Use
Permit No. 11 -0 1 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Director of the
Planning and Building Safety Department for a determination regarding the need for
Planning Commission review and approval of the proposed modification.
2. The outdoor dining area must comply with all requirements of ESMC § 15 -2 -16.
3. The hours of operation for the outdoor dining area are 24 hours a day, Monday
through Sunday. The hours of alcohol service are from 7:00 a.m. to 12:00 a.m.
daily. Any change to the hours of operation or the hours that alcohol may be served
is subject to review and approval by the Director of Planning and Building Safety.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided that meet the noise and vibration requirements of ESMC § 7 -2 -1.
5. Before the City issues building permits, the applicant /property owner must submit
landscaping and irrigation plans for any new or modified landscaping areas to the
Planning and Building Safety and Recreation and Parks Departments for review.
6. Pursuant to ESMC §15- 23- 11(B)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building permit. The City is not responsible for informing the applicant
regarding a pending CUP expiration.
Building Safety Conditions
7. The applicant must comply with the California Building Code (CBC) 2010 Edition as
amended by the City of El Segundo and the California Plumbing Code (CPC) 2010
Edition.
8. The applicant must provide plumbing fixtures in restrooms per the California
Plumbing Code 2010 Edition Table 4 -1.
F
9. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
Fire Department Conditions
10. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Public Works Department Conditions
11. All construction related parking must be accommodated on -site. No construction
related parking is permitted off -site.
12. The project must comply with the latest NPDES requirements and must provide Best
Management Practices (BMP's) for sediment control, construction material control
and erosion control.
13. The applicant must ensure that encroachment permits if deemed to be required by
the City are secured from the Public Works Department before commencing any and
all work in the public right -of -way.
Miscellaneous Conditions
14. OTO Development agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment No.
EA -906 or Conditional Use Permit CUP No. 11 -01. Should the City be named in any
suit, or should any claim be brought against it by suit or otherwise, whether the same
be groundless or not, arising out of the City approval of Environmental Assessment
No. EA -906 or Conditional Use Permit No. 11 -01, the Applicant agrees to defend the
City (at the City's request and with counsel satisfactory to the City) and will indemnify
the City for any judgment rendered against it or any sums paid out in settlement or
otherwise. For purposes of this section "the City" includes the City of El Segundo's
elected officials, appointed officials, officers, and employees.
By signing this document, OTO Development, certifies that they read, understood, and
agree to the Project Conditions listed in this document.
Michael Gallen,
OTO Development
f If Corporation or similar entity, needs two officer signatures or evidence that one signature binds
the company}
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925 \EA - 906 \EA -906 CUP 11 -01 AUP 11 -01 750 Nash St.
PCreso.doc
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Plannfng £e Building Safety Department
April 21, 2011
Elected Officials:
Eric K. Busch,
Mayor
Michael Gallen
Bill Fisher,
Mayor Pro Tom
OTO Development
Carl Jacobson,
Council Member'
1930 Nelson Ave., #A
Don Council Member
Redondo Beach, CA 90278
Suzanne Fuentes,
Council Member
Cindy Mortesen,
City Clerk
Ralph
RE: Environmental Assessment No. EA -906 and
rea
Citty y Treasurer
Administrative Use Permit AUP No. 11 -01
Appointed officials:
An Administrative Use Permit request to allow the on -site sale and
Jack
Manager
consumption of alcohol at a hotel restaurant
City
Mark D. Hensley,
City Attorney
Address: 750 North Nash Street
Department Directors:
Dear Mr. Gallen:
Deborah Cullen,
Finance/Human Resources
Kevin
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
Debra ,
the Planning Division reviewed your application for the above - referenced
Lib Services Library Services
Lib
GrPlanning
project and the Director of Planning and Building Safety Department
and Building
Satety'EconomicDev.
APPROVED Environmental Assessment No. EA -906 and Administrative
Mitch Tavere,
Police Chief
Use Permit No. 11 -01 for the on -site sale consumption of alcohol at a
Stephanie Katsou leas,
Public Works
hotel restaurant at 750 Nash Street. The following are the findings and
Robert Cummings,
Recreation & Parks
facts in support of each finding for this decision:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
www.elsegundo.org
Environmental Assessment No. EA -906
Finding 1
• The proposed project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4187
.i�0
Facts in Support of Finding 1
The applicant proposes to serve alcohol within a proposed restaurant that is
accessory to the Hyatt Hotel. The property is in an urbanized development area
where it has adequate access and all public services and facilities are available.
The subject property is currently vacant but the applicant is in the process of
applying for building permits to build the hotel. The hotel is part of a larger
Corporate Campus Specific Plan that allowed the construction of a commercial
office complex including several commercial offices, retail uses, restaurants and
soccer field where there is adequate access and all public services and facilities
are available. The site is in an area that is not environmentally sensitive.
Therefore, the project is not anticipated to have any significant impacts with
regard to traffic, noise, air quality, or water quality.
2. Alcohol will be served and consumed in the following locations on the ground
floor of the hotel:
a. The Caf6 /Bar and indoor dining area: 3,825 square feet
b. Outdoor Main Patio area: 1,200 square feet
c. Indoor meeting room: 1,200 square feet.
d. Outdoor meeting room patio: 650 square feet.
Administrative Use Permit 10 -11
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide on -site sale and consumption of alcohol inside
the Hyatt Hotel restaurant and outdoor dining areas. Alcohol will be served from
the bar /cafe and consumed within the restaurant, the outdoor Main Patio and
another outdoor patio space adjacent to the meeting room.
2. The area is situated in a commercial office complex that includes offices, retail
uses and restaurants. There are no residential uses in the immediate vicinity and
the alcohol service will be primarily used by hotel guests.
3. There are 120 proposed parking spaces for the hotel. Since the restaurant is an
accessory use to the hotel and serve mainly hotel guests, no additional parking
spaces are required for the request.
1
2
4. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan. The zoning for the site is Corporate Campus Specific Plan. On-
site sale and consumption of alcohol is permitted in the Zone with the approval of
an Administrative Use Permit.
5. The Corporate Campus Specific Plan permits and the surrounding land uses
include: restaurant, commercial retail, medical office, and residential.
6. The applicant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of beer and wine (Type 41) or
beer, wine and distilled spirits for restaurants (Type 47).
7. On April 28, 2011 the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request.
Finding 2
• The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan.
2. The zoning for the site is Corporate Campus Specific Plan. The proposed use of
on -site sale and consumption of alcohol requires an Administrative Use Permit in
accordance with the Corporate Campus Specific Plan.
3. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use and
its proposed operations are consistent with the goals since it expands quality
retail service facilities in proximity to major employment centers and is
economically viable, environmentally safe that provides a stable tax base and
minimize any negative impact in the City.
4. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, and primarily within a mixed -use environment.
5. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it
adds to the mixture of uses, which has the potential to maximize economic
benefit, reduce traffic impacts, and a encourage pedestrian environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
3 ��J
7. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed on -site sale and consumption of alcohol will be compatible
with the surrounding uses.
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The on -site sale of alcohol will be located inside the proposed hotel and will be
constructed in accordance, with all applicable codes and regulations. The project
proposes minimal structural change to the exterior of the building, and no
changes on the building envelope, parking or landscaping. Sufficient parking will
be provided on -site in compliance with ESMC Chapter 15 -15.
2. The surrounding land uses include commercial retail, restaurant, and office uses.
The proposed sale of beer and wine and the restaurant is a permitted use within
the Corporate Campus Specific Plan.
3. The proposed hours of operation to serve alcohol is between 7:00 a.m. to 12:00
a.m. seven days a week. Alcohol will be served within the restaurant, meeting
room, the outdoor Main Patio, and the outdoor meeting room. No live
entertainment is proposed. The proposed on -site sale and consumption of
alcohol will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
Finding 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
The on -site sale and consumption of alcohol will not create any new impacts that
would not be normally associated with the operation of a restaurant.
The proposed hours of operation and alcohol sales are limited from 7 :00 a.m. to
12:00 a.m., seven days a week.
2. The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
J
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u
3. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the- applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from
Alcoholic Beverage Control for on -site
restaurants (either Type 41 or Type 47).
the State of California Department of
sale and consumption of alcohol for
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. The hours of operation to sell alcohol for on -site sale and consumption is limited
to 7:00 a.m. to 12:00 a.m. daily. Any change to the hours of operation or the
hours that alcohol may be served is subject to review and approval by the
Director of Planning and Building Safety.
2. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
3. Any subsequent changes to the floor plan and areas where alcohol will be served
and consumed must be reviewed and approved to the satisfaction of the Director
of Planning and Building Safety Department.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23310 et seq.). The
applicant must obtain and maintain either a Type 41 or Type 47 license.
5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
6. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
5
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
8. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
9. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
10. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
11. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people.
12. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of beer and wine, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
13. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
14. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
15. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 906 or Administrative Use Permit AUP No. 11 -01. Should the City be named
in any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the City approval of EA-
906 or AUP 11 -01, the Applicant agrees to defend the City (at the City's request
and with counsel satisfactory to the City) and will indemnify the City for any
judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "the City" includes the City of El Segundo's elected
officials, appointed officials, officers, and employees.
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its April 28, 2011 meeting. Please be advised that this does not conclude the review
process. The City Council will determine whether or not to protest the approval of the
alcohol permit at its meeting at as of yet undetermined date.
Should you have any questions, please contact Bryan Fernandez, Assistant Planner, at
(310) 524 -2343.
Sin
Greg Cbwpeyfter, Director
Department of Planning and Building Safety
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \876- 906 \EA - 906 \EA 906 AUP 11 -01 CUP 11 -01 approval
letter.doc
13�,
7
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Approval of a new Class Specification for the at-
will position of Economic Development Analyst; and 2) Adoption of a Resolution establishing the
basic monthly salary range for Economic Development Analyst; and 3) Introduction of an
Ordinance amending El Segundo Municipal Code § 1 -6 -4 Regarding Exclusions. (Fiscal Impact:
$133,613.22 included in FY 2011/12 Budget.)
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Class Specification for Economic Development Analyst.
2. Adopt the Resolution establishing the Basic Monthly Salary Range for the job classification of
Economic Development Analyst.
3. Introduce and Waive the First Reading of the Ordinance.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Economic Development Analyst Class Specification.
2. Resolution establishing the Basic Monthly Salary for Economic Development Analyst.
3. Ordinance amending El Segundo Municipal Code § 1 -6 -4 Regarding Exclusions.
FISCAL IMPACT: $133,613.22
Amount Budgeted: $ 133,613.22
Additional Appropriation: N/A
Account Number(s): 001- 400 - 2401 -4101, 001 - 400 - 2401 -4202, 001 - 400 - 2401 -4203,
001- 400 - 2401 -4204, 001- 400 - 2401 -4209, 001 - 400 - 2401 -4210
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resou ces
APPROVED BY: Doug Willmore, City Manager kA^J
BACKGROUND AND DISCUSSION:
At the Strategic Planning session on August 31st, 2011, the City Council unanimously approved the
implementation of an Economic Development Strategy Plan designed to consolidate and expand
the City's business outreach and attraction efforts. An integral piece of this strategy is the creation
of an Economic Development Analyst position.
The Economic Development Analyst will be an at -will position represented by the Supervisory and
Professional Employees' Association (SPEA). It is important that this position is at -will as it is
expected to pay for itself through taxes and revenue generated by new businesses; therefore, the
City should retain the ability to elect to discontinue the position if expected increases in revenues
are not met.
i�J
The Economic Development Analyst is a high -level analyst position and the employee in this
classification will be required to plan and coordinate all economic development efforts.
Specifically, as outlined in the Economic Development Strategy, the individual in this position will
be accountable for the following projects and goals:
• Oversee and coordinate the Economic Development Program Baseline Study
• Identify and map areas where development opportunities exist; utilize mapping for business
outreach efforts with prospective developers and builders
• With the assistance of the LAEDC (Los Angeles County Economic Development
Corporation), conduct business visitation programs
• Oversee the updating of the City website and business recruitment pages
• Research and implement recommendations made by the Chamber of Commerce's
Downtown Task Force
• Serve as a liaison to companies conducting complex business /economic studies regarding
the profiling of the community and matching of compatible retailers (e.g. Buxton); once
study is completed, complete follow -up with the prospective businesses
• Coordinate activities related to economic development between all City departments, e.g.
Permit Licensing, Cable TV, etc.
• Reinitiate and serve as primary staff liaison to the Economic Development Advisory
Council (EDAC)
• Oversee strategic planning efforts
• Evaluate the 2012 Economic Development Program efforts; Develop the 2013 Economic
Development Strategy
The Economic Development Analyst position is a new position budgeted for the 2011/12 Fiscal
Year.
City of El Segundo, CA Job Description
ECONOMIC DEVELOPMENT ANALYST
(AT -WILL)
Definition: Employees serving in this classification are at -will and exempt from the classified
service. Under minimal direction, plans and coordinates the Economic Development Program for
the City.
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:
Plans and coordinates all program activities related to business recruitment and retention for the
City
Stays abreast of the laws, regulations, economic and business trends, and the social /political
environment impacting economic development in the City of El Segundo
Conducts technical studies, research and /or analysis; develops and prepares clear and concise
oral and written reports which may contain complex statistical, financial, and /or qualitative data
Establishes and maintains effective working relationships with the local real estate community and
business organizations
Develops and implements effective advertising campaigns to attract new businesses to the City,
including the use of social media and the internet as appropriate for digital marketing efforts
Conducts outreach to and develops relationships with potential businesses as part of the overall
business attraction initiatives of the Economic Development Program
Evaluates, recommends, and administers contracts for services from external resources related to
the goals of the Economic Development Program; oversees the work of vendors; coordinates the
Request for Bid (RFB) or Request for Proposal (RFP) process for related contract services
Prepares and makes presentation to representatives from potential and existing City businesses,
community groups, citizens, City staff and the City Council
Attends, coordinates and /or leads business outreach and other external meetings and
conferences, requiring occasional travel
Serves as the principal staff contact for the Economic Development Advisory Council (EDAC);
prepares the EDAC agenda and prepares or coordinates the preparation of all related reports and
agenda items; coordinates efforts and interests with the City Council, the Planning Commission,
Downtown Revitalization Sub - Committee and other groups and constituencies
Coordinates economic development activities with staff members in other programs or
departments to ensure that the Economic Development Program functions efficiently and in 1 J
conjunction with City policies, procedures and programs
Provides program development, administration and evaluation of economic development programs
and services; serves as a liaison to the community, professional groups and other external
contacts and resources for the City
Assists in the monitoring and administration of the Economic Development component of the
department budget
Performs other related duties as requested or assigned
Knowledge. Skills and Other Characteristics:
Knowledge of federal /state laws and local regulations related to economic development and public
contracts
Knowledge of principles and practices of community and economic development
Knowledge of principles, practices and trends of marketing and real estate development
Knowledge of public contract administration
Knowledge of municipal organization and administration
Knowledge of municipal budget principles and practices
Skill in program development, implementation and evaluation
Skill in assessing objectives and operational goals and requirements and developing an
appropriate course of action
Skill in completing special projects, activities and programs
Skill in conducting research and preparing clear, concise and comprehensive reports
Skill in preparing complex financial and statistical reports
Skill in using computers, job - related software, and digital marketing mediums, including
experience /knowledge in the use of social media and the internet
Skill in understanding and applying complex regulations, procedures and guidelines
Skill in communicating effectively, both orally and in writing
Skill in working efficiently under pressure, managing and shifting multiple priorities while adhering
to established deadlines and goals
Skill in working independently with minimal supervision and work direction
Skill in establishing and maintaining effective working relationships with those contacted in the
course of work, including local and prospective business, vendors, outside entities, supervisors,
other City employees, the City Council and the public
Ability to oversee the work of vendors to contribute to the success of the Economic Development
Program
Qualifications:
Bachelor's degree in Business, Marketing, Economics, Public Administration or a closely related
field and two (2) years of professional economic development and marketing experience or an
equivalent combination of education and experience that would likely provide the knowledge, skills
and abilities to perform the job. Experience in an economic development department within a City
or County is highly desirable.
Licensing/Certification Requirements:
A valid California Driver license is required.
i�0
RESOLUTION NO.
A RESOLUTION ESTABLISHING A BASIC MONTHLY
SALARY FOR THE JOB CLASSIFICATION
OF ECONOMIC DEVELOPMENT ANALYST.
The City Council of the City of El Segundo does resolve as follows:
Section 1: The City Council approves the following basic monthly salary range:
Step A Step B Step C Step D Step E
Economic $5,580.51 $5,859.53 $6,152.51 $6,460.14 $6,783.14
Development Analyst
Range 40S
Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's resolutions; and make a minute of the adoption of the
Resolution in the City Council's records and the minutes of this meeting.
Section 3: This Resolution will become effective upon the effective date of Ordinance No.
amending El Segundo Municipal Code Section 1 -6 -4 regarding Exclusions and will remain
effective unless repealed or superseded.
PASSED AND ADOPTED this 20th day of September , 2011.
Eric K. Busch,
Mayor
Y J 1
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 20th
day of September, 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 201h day of September, 2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
(A�i94
Karr fl. Berger
Assistant City Attorney
:� Ii ;i.-. 4,t+ L, 6) A1
,D.t c )r"o C
.1,
1J ,
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
§ 1 -6 -4 REGARDING EXCLUSIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The El Segundo Municipal Code ( "ESMC ") provides that the City Council may
from time to time by Ordinance designate departments, appointive officers, or
employees of the City; and
B. It is in the best interest of the City to list all existing officers and members of
departments excluded from the Personnel Merit System; and
SECTION 2: ESMC § 1 -6 -4 is amended in its entirety to read as follows:
"Sec 1 -6 -4. EXCLUSIONS
Those officers and members of departments in addition to department heads and elected
officers who are expressly excluded from the merit system are:
Assistant City Manager
City Attorney
City Manager
City Engineer
Construction Coordinator
Economic Development Analyst
Economic Development Manager
Property Owner Coordinator
Senior Executive Assistant
SECTION 3: Repeal of any provision of the ESMC herein will 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: 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.
J
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.
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its
passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric K. Busch, Mayor
iy(}
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 20th day of
September 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
14 1
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of ongoing professional service
agreements and blanket purchase orders for FY 2011 -2012 in excess of $25,000 for
various departments; and possible action to waive the formal bidding process and
authorize the continued purchase of various goods and services as described below.
(Fiscal Impact: General Fund $1,578,094; Assets Forfeiture Fund $13,000; Prop "A"
Fund $31,000; Water Fund $114,000; Sewer Fund $88,000; Golf Course Fund $108,000;
Workers' Compensation Fund $92,140)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to extend ongoing service agreements with Baker &
Taylor Information Services for supplying books and other library materials, and issuance
of blanket purchase order not to exceed $64,000 (General Fund).
(2) Authorize the City Manager to extend contract 42235 to Innovative Interfaces, Inc.,
for library computer network system maintenance and issuance of blanket purchase order
not to exceed $30,000 (General Fund).
(3) Authorize the City Manager to extend ongoing service agreements with J. Lee
Engineering to provide plan check and inspection consulting services for the Building
and Safety Division not to exceed $150,000 (General Fund).
(4) Authorize the City Manager to extend ongoing service agreements with JAS to
provide plan check and inspection consulting services for the Building and Safety
Division not to exceed $100,000 (General Fund).
(5) Authorize the City Manager to extend ongoing service agreements with Scanning
Services Corporation. Scanning Services Corporation scans and inputs data into the
City's document imaging system not to exceed $35,000 (General Fund).
(6) Authorize the City Manager to extend ongoing service agreements with Willdan
Engineering Services to provide professional planning consulting and engineering
services to the City not to exceed $30,000 (General Fund).
(7) Authorize the City Manager to extend ongoing service agreements with U.S.
HealthWorks to provide an extremely cost effective method of delivery of pre-
employment and occupational medical services not to exceed $45,000 (General Fund).
(8) Authorize the City Manager to extend ongoing service agreements with Westchester
Medical Group /Center for Heart and Health to provide annual safety employees fitness
for duty and executive physical examinations not to exceed $70,000 (General Fund).
(9) Authorize the City Manager to extend ongoing service agreement with York Risk
Services Group to administer workers' compensation claims not to exceed $92,140 in FY
11 -12 (Workers' Compensation Fund).
1 1
i4�'
(10) Authorize the El Segundo Fire Department to waive the bidding process per El
Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical supplies, and
piggyback on the City of Redondo Beach's Bound Tree Medical, Inc. ( "Bound Tree ") Bid
#1011 -023, and authorize issuance of a blanket purchase order to Bound Tree for FY
2011 -2012 for medical and pharmaceutical supplies not to exceed $26,000 (General
Fund).
(11) Authorize the issuance of a blanket purchase order for FY 11 -12 to UCLA Center
for Pre - Hospital Care for continuing education, defibrillation training and AED program
oversight not to exceed $32,600 (General Fund).
(12) Authorize the City Manager to execute a one -year contract with All Cities
Management Company to provide crossing guard services for the El Segundo School
District not to exceed $80,000 (General Fund).
(13) Authorize the issuance of a blanket purchase order to Mayer Hoffman McCann PC
(Agreement #3866) for auditing services not to exceed $54,250 in FY 11 -12 (General
Fund).
(14) Authorize the issuance of a blanket purchase order to Lane Donovan Partners, LLC
(Agreement #3399) to provide management services for The Lakes Golf Course for an
amount no to exceed $108,000 (Golf Course Fund).
(15) Authorize the issuance of a blanket purchase order to TruGreen Landcare
(Agreement #4096) to provide weekly landscape services for an amount not to exceed
$153,504 (General Fund).
(16) Authorize the City Manager to extend ongoing tree maintenance services agreement
with Great Scott Tree Service Inc. (Agreement #3476) for services not to exceed $70,000
for FY 11 -12 (General Fund).
(17) Authorize the City Manager to extend ongoing custodial services agreement with
Bell Building Services (Agreement #3898) and issuance of blanket purchase order not to
exceed $66,540 (General Fund).
(18) Authorize the City Manager to execute a standard professional services agreement
with Martin & Chapman Co. for election support and services for the General Municipal
Election, April 10, 2012, not to exceed $36,000 (General Fund).
(19) Authorize the City Manager to execute a one -year contract and /or purchase order
with Buxton to provide economic development analysis and marketing assistance not to
exceed $50,000 (General Fund).
(20) Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and
equipment through the use of spot market purchasing in an amount not to exceed
$321,000 (Various).
(21) Authorize the issuance of a blanket purchase order to Metron Farrier & Actaris in an
amount not to exceed $100,000 in total for the purchase of single jet water meters for the
City's water system (Water Enterprise Fund).
14 �
(22) Authorize the issuance of a blanket purchase order to Blue Diamond Materials, a
division of Sully Miller Contracting Company in an amount not to exceed $50,000 for the
purchase of asphalt paving materials for Street Maintenance Division projects (General
Fund).
(23) Authorize the issuance of a blanket purchase order to Flo- Systems, Inc. in an amount
not to exceed $75,000 for ongoing repair and maintenance of the City's sewer and
stormwater stations (Sewer Fund).
(24) Authorize the City Manager to execute a one -year contract with the Society for the
Prevention of Cruelty to Animals Los Angeles for animal sheltering services, not to
exceed $28,200 (General Fund).
(25) Authorize the City Manager to execute a one -year contract with Duncan Solutions
(formerly Enforcement Technology Inc.) for processing of parking citations /collections,
not to exceed $77,000 (General Fund).
(26) Authorize the City Manager to execute a one -year contract with AT &T Connection
Services for communications related to mobile data computers and radio sites, not to
exceed $39,400 (General Fund).
(27) Authorize the City Manager to execute a one -year contract amendment and /or
purchase order with Tyler Technologies who provide financial software to manage the
City's General Ledger, Accounts Receivable, Accounts Payable, Payroll, and Human
Resources. This item is for annual licensing, maintenance, and support of these systems
not to exceed $40,600 (General Fund).
14�
4
ATTACHED SUPPORTING DOCUMENTS: N/A
FISCAL IMPACT:
Amount Budget: $2,024,234
Additional Appropriation: N/A
Account Number(s):
001 -
400 -1302
-6214
36,000
001 -
400 -
2101 -6214
50,000
001-
400 -
2402 -6214
40,000
001-
400 -
2403 -6214
275,000
001
- 400 -
2502 -6214
54,250
001
- 400 -
2506
-6214
115,000
001-
400 -
2506
-6217
40,600
001
- 400 -
2901 -6405
80,000
001
- 400 -
3101
-6206
77,000
001-
400
- 3107
-6278
39,400
001
- 400
- 3108
-6206
28,200
001-
400
- 3203
-5204
26,000
001-
400
- 3203
-6214
32,600
001-
400
- 4202
-5204
50,000
001-
400 -4601
-5215
250,000
001 -
400 -5102
-6206
290,044
001-
400 -
6103 -5505
16,000
001-
400 -
6103 -5507
2,000
001 -
400 -
6104 -5501
46,000
001-
400
- 6104 -6215
30,000
109
- 400
- 3105 -5215
13,000
112-
400
-5292 -5215
31,000
501-
400
- 7102
-5215
14,000
501-
400
- 7201 -6215
100,000
502-
400
- 4301 -5215
13,000
502-
400
- 4301
-6206
75,000
503-400-5301-6214
108,000
603
- 400
- 2321
-6214
92,140
ORIGINATED BY: Trang Nguyen, Accounting Manager 'y\-)
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resources
APPROVED BY: Doug Willmore, City Manager A/M^j
BACKGROUND AND DISCUSSION:
Library
Baker and Taylor
Baker and Taylor, the Library's leading supplier of books, music, books on CD, DVD's and
other items, offers substantial savings up to 45% under retail cost. Appropriations are being
requested for the following accounts for fiscal year 2011 -2012:
001 - 400 - 6104 -5501 Adult Materials $46,000
001 - 400 - 6103 -5505 Youth Materials $16,000
001- 400 - 6103 -5507 School Library Materials $ 2,000
i4
Innovative Interfaces Inc.
Innovative Interfaces Inc. provides maintenance of the Library's online network system for
cataloging, circulation, patron access to materials, archive collections and administrative
functions in the amount of $30,000 for FY 2011 -2012. Account Number 001- 400 - 6104 -6215.
Plannina and Building Safety
J. Lee Engineering
J. Lee Engineering provides plan check and inspection consulting services for the Building and
Safety Division. There services are utilized when workload exceeds the level that would
preclude City staff from meeting customer service expectations. Not to exceed the amount
$150,000 for fiscal year 2011 -2012. Account Number: 001- 400 - 2403 -6214.
JAS
JAS provides plan check and inspection consulting services for the Building and Safety Division.
There services are utilized when workload exceeds the level that would preclude City staff from
meeting customer service expectations. Not to exceed the amount $100,000 for fiscal year 2011-
2012. Account Number: 001- 400 - 2403 -6214.
Scanning Services Corporation
Scanning Services Corporation scans and inputs data into the City's document imaging system.
The department is no longer microfilming plans. All necessary documents are scanned and are
available on the computer. The requested funds will allow staff to keep moving in this direction.
Additionally, staff hopes to begin converting historical microfilm records for both the building
and planning divisions to a digital format so that they are available on the computer for staff and
eventually viewable by the public on the internet. The Building Division budget allocated
$25,000 and the Planning Division budget allocated $10,000 not to exceed $35,000 for fiscal
year 2011 -2012. Accounts:
001 - 400 - 2403 -6214 in the amount of $25,000
001- 400 - 2402 -6214 in the amount of $10,000
Willdan Engineering Services
Willdan Engineering Services provides professional planning consulting and engineering
services to the City. Willdan has provided a Senior Planner to supplement planning staffing
when workload and specific planning development projects necessitate additional staffing.
Additionally, the City occasionally needs professional engineering services related to
development projects. The Planning Division anticipates using professional planning consulting
services in fiscal year 2011 -12 for projects that will be developer funded, including but not
limited to the Imperial School site project for the El Segundo School District and the completion
of other developer funded projects not to exceed $30,000 for fiscal year 2011 -2012. Account
Number: 001- 400 - 2402 -6214.
j��U
Human Resources
US HealthWorks
U.S. HealthWorks, a national provider of occupational medical healthcare, is the largest provider
of workers' compensation/occupational medical services in the state of California and has over
thirty facilities in Southern California including its El Segundo Facility, located at 390 N.
Sepulveda Blvd., Suite 1000. U.S. HealthWorks provides an extremely cost effective method of
delivery of pre - employment and occupational medical services, with a lower average case cost
than other occupational medical providers. Other advantages of utilizing U.S. HealthWorks
include:
• Initial injury treatment and regulated drug testing services are available 24 hours a day, 7
days a week;
• Provides cost effective appointments for pre- employment physicals, drug screens and
follow -up injury treatments;
• Its location in El Segundo provides direct, easy access for our employees and its
numerous Southern California facilities allows additional treatment options for our
geographically dispersed employees;
• The El Segundo facility has both an on -site multi - specialty department (including
orthopedics and neurology) and a Physical Therapy Department open Monday through
Friday, 8:00 a.m. — 5:00 p.m.;
• Parking is convenient, plentiful and validated;
• If needed, U.S. HealthWorks provides free door -to -door transportation for employee's
first injuries, at no charge.
This will be the City's fifth year with U.S. HealthWorks. In addition to successfully
implementing the City's pre- employment drug testing and medical examination protocols, U.S.
HealthWorks has provided a variety of medical protocols and services for El Segundo Police
Department arrestees and coordinated the establishment of a Hepatitis A and B Vaccination
Program for our Aquatics and Wastewater staff.
The total cost for fiscal year 2011 -2012 is not to exceed $45,000 (for pre - employment medical
services and protocols and occupational injury and illness services). Account Number: 001 -400-
2506 -6214
Westchester Medical Group /Center for Heart and Health
The City has a longstanding relationship with Westchester Medical Group /Center for Heart and
Health to provide Safety employees annual Fitness for Duty and Executive physical
examinations. This long standing physical examination program continues to meet or exceed
staff's expectations. Westchester Medical Group /Center for Heart and Health is also
distinguished by their extensive involvement with public sector clients. Together, with its June
2006 relocation from Los Angeles to El Segundo (360 N. Sepulveda Blvd., Suite 3000), and the
significant expansion of its medical facility, the company has increased its accessibility and level
of service to our employees. Westchester Medical Group /Center for Heart and Health also
expanded its services recently by incorporating a respirator certification component to the Fitness
for Duty examinations.
14 T
The annual safety employee Fitness for Duty examinations are not to exceed $60,000 and
Executive Physical examinations are not to exceed $10,000, with a combined total not to exceed
$70,000 for fiscal year 2011 -2012. Account Number: 001- 400 - 2506 -6214
York Risk Services Group, Inc.
YORK Risk Services Group, Inc. (formerly SCRMA — Southern California Risk Management
Associates, Inc.) has served as the third -party administrator (TPA) for workers' compensation
claims since 1988. Following a formal request for proposal process from seven firms in 2008,
the City awarded the contract to YORK Risk Services Group, Inc. The following selection
criteria was considered in continuing to use YORK Risk Services Group, Inc. as the TPA for
Workers' Compensation claims:
• Established record of consistent professional service and reputation within the industry;
• High quality references from public entities, particularly full service municipalities;
• Staffing and experience levels;
• Cost effectiveness of medical and legal cost and legal cost containment services and
activities;
• Overall cost - benefit advantages;
• Acceptability of firm to El Segundo Police and Fire Department Management Staff.
The contract between the City and YORK Risk Services Group, Inc. has an option to extend for
two additional years beginning within the FY 2011/2012. The City has chosen to extend the
contract in one -year increments and is currently extending the contract for the 2012 calendar
year. The amendment to this contract for the period January 1, 2012 through December 31, 2012
is not to exceed $92,140.00. Account Number: 603 - 400 - 2321 -6214.
Fire Department
Bound Tree Medical, Inc.
The El Segundo Fire Department has been purchasing and storing paramedic medical supplies
since 1998 as mandated by the County of Los Angeles, Emergency Medical Services Agency.
For seven years, the Fire Department utilized Bound Tree for paramedic medical supplies
through a piggyback on an existing competitively bid award. In 2005, staff recommended a
change in vendors due to supply availability issues and billing problems. Since that time, Bound
Tree has significantly improved its service and has streamlined their ordering process which is
integrated with the Department's internal process. In addition to favorable pricing and timely
deliveries, Bound Tree has since expanded their inventory and offers a full range of
pharmaceutical supplies which allows the Fire Department to consolidate these types of
purchases and receive better pricing with a single vendor.
The El Segundo Fire Department recommends that the City Council waive the formal bidding
process per El Segundo Municipal Code §1-7-10 to purchase medical and pharmaceutical
supplies, and piggyback on the formal, competitive bid used by the City of Redondo Beach.
Account Number: 001- 400 - 3203 -5204 in the amount of $26,000 for fiscal year 2011 -2012.
UCLA
The UCLA Center for Pre - Hospital Care provides education services to the El Segundo Fire
Department, through: continuing education with staff in pre - hospital and emergency medicine to
maintain certification and licensure as EMT -Basic or EMT - Paramedic (collectively referred to as
"CE" Programs "), primary education to obtain licensure as an EMT - Defibrillation ( "EMT -D ")
Provider, and provide quality improvement services to maintain or enhance the quality of patient
care (referred to as "QI Services ").
The Fire Department also has automatic external defibrillators (AEDs) in service which require
that personnel who operate this equipment must be trained and certified as Emergency Medical
Technician- Defibrillation (EMT -D). In addition, the citywide AED program requires employee
training and oversight, and these fees have been absorbed into the existing Fire Department fees.
The El Segundo Fire Department recommends the authorization of a blanket purchase order to
the UCLA Center for Pre - Hospital Care for FY 2011 -2012 to enable the Fire Department to
continue to receive the services provided by UCLA. Not to exceed $32,600 in accounts:
001 - 400 - 3202 -6223 in the amount of $9,700
001 - 400 - 3202 -6214 in the amount of $22,900
Finance
All Cities Management Company
On September 16, 2008, City Council approved an appropriation for ESUED crossing guard
services under Special Orders of Business, Item #6 within the 2008 -2009 Budget Appropriations.
This contract includes 6 crossing guards for a total of 5364 hours. The contract is expected to be
renewed year to year as long as ACMS performance meets the City's and ESUSD's
expectations. The annual cost of funding service this contract is not to exceed $80,000 for fiscal
year 2011 -2012. Account Number: 001 - 400 - 2901 -6405
Mayer Hoffman McCann P.C.
On October 21, 2008, City Council approved a three years contract with option to extend for
another two years with Mayer Hoffman McCann P.C. for auditing services. The three years
contract was for 2008 -2010. Fiscal year 2011 -2012 will be the first of the two year extension
option with MHM. The annual cost of extending this contract is $54,250 for FY 2011 -2012.
Account Number: 001 - 400 - 2502 -6214.
Parks & Recreation
Lane Donovan Partners, LLC
Since 2004, Lane Donovan Partners, LLC has been providing management services for The
Lakes Golf Course on a month -to -month agreement (Agreement #3399). Staff recommends
renewing the agreement for FY 2011 -2012; total cost for services is the same since 2004 for
amount to exceed $108,000. Account Number: 503- 400 -5301 -6214.
ell
TruGreen Landcare
TruGreen Landcare has been providing the City with landscape maintenance services for over
twenty years. For FY 2010 -2011, TruGreen Landcare submitted the lowest bid for RFP# 10 -07
in the amount of $137,322 for bi- weekly services and $153,504 for weekly services. On October
19, 2010, City Council approved Item # 5 under Consent Agenda to award the contract for three
years (Agreement #4096). The services include weekly services for 12 parks, 5 median strips,
Richmond School Field, Fire Station #2, Douglass underpass, City Maintenance Facility, and
The Lakes parking lot and frontage. Weekly services will be provided for FY 2011 -2012 for
amount not to exceed $153,504. Account Number: 001- 400 -5101 -6206.
Great Scott Tree Service
On September 15, 2009, City Council approved Item # 13 under Consent Agenda for the
extension of Great Scott Tree Service Inc for two years, with three years of renewal periods.
Services include tree removals, tree maintenance, tree planting, and tree trimming. The contract
amount is for $100,000 based on the Department's needs or approved budget. For FY 2011-
2012, staff recommends renewing Agreement 3476A for $70,000. Account Number: 001 -400-
5101 -6206.
Bell Building Services
Bell Building Services provide custodial services for Recreation Park facilities, Teen Center,
Camp Eucalyptus, Urho Saari, outdoor pools, and Campus El Segundo. For FY 2011 -2012, staff
recommends renewing Agreement # 3898 for Recreation & Park services for amount not to
exceed $66,540. Account Number: 001- 400 -5101 -6206.
City Clerk's Office
Martin & Chapman Co.
For over three decades Martin & Chapman Co. has provided excellent election support to El
Segundo. They are well known and trusted for their invaluable election services, supplies and
guidance and are utilized by over 200 cities, counties and districts in California and Nevada.
The scope of service includes, but is not limited to, pre - election materials, official ballots, ballot
counting equipment, vote by mail ballot tracking system, mailing services, foreign language
assistance and translations, legislation updates, professional opinions and election night support.
Their Anaheim location allows for timely delivery of supplies, election materials and on -site
support.
It is requested that the City again enter into a professional services agreement with Martin &
Chapman Co. Their many years of experience with El Segundo, individualized assistance, and
excellent customer service will help ensure a smooth election process. The annual cost of funding
this service is not to exceed $36,000 for fiscal year 2011 -2012. Account number: 001- 400 -1302-
6214.
Economic Development
Buxton
Buxton will prepare an analysis of the El Segundo trade area and match the consumer profile
with the customer profiles of over 5,000 retail and restaurant companies. Buxton will prepare
and deliver marketing packages to those companies that have customer profiles matching the El
Segundo market area. Additionally, Buxton will prepare an analysis of the industry and health
care markets and provide analytical information that the City can use in its business attraction
efforts. The annual cost of funding this service is not to exceed $50,000 for fiscal year 2011-
2012. Account number: 001 - 400 - 2101 -6214.
Public Works
Fuel for City Vehicles and Equipment
Generally, fuel is purchased either through spot market purchases or long -term contracts. Spot
purchasing consists of shopping around each time fuel is needed and purchasing fuel from the
lowest priced vendor. This type of purchasing usually occurs when the fuel market is volatile as
it has been for the last three years. During periods of stability, agencies enter into long -term fuel
contracts. Pricing under long -term contacts is tied to a published fuel price baseline plus a
markup. The recent volatility in the market has forced vendors to significantly raise this markup,
making long -term contracts unattractive. Under the City's last long -term contract through Los
Angeles Metropolitan Public Purchasing Agents' Cooperative (LAMPPAC), there was virtually
no markup. When that contract expired in September 2005, the fuel market was quite volatile
and City Council authorized staff to purchase gasoline and diesel fuel through the use of spot
market purchases.
Many agencies including Cities of Manhattan Beach, Redondo Beach and Hawthorne have opted
to purchase fuel through spot purchases in lieu of entering into long -term contracts since the
expiration of the LAMPAC contact. Staff continuously monitors long -term contracts available
in the industry. When the terms of long -term contracts improve such that the price is a few cents
over the market baseline, staff will again recommend entering into a long -term fuel contract.
Pursuant to El Segundo Municipal Code (ESMC) § 1 -7 -10, relating to purchases and supplies,
the City Council may at any time, by a majority vote and without amending the ESMC, waive
purchasing procedures or alter proceedings to fit a specific purchase, when the waiver is not in
violation of State law. Spot purchasing is the sort of modified purchasing arrangement that
requires such a waiver by Council. It is possible that the total of purchases from any one vendor
may exceed $25,000; therefore, Council approval of spot purchasing is requested. The City is
budgeting $321,000 for Fiscal Year 2011 -2012 in accounts:
001 - 400 - 4601 -5215 in the amount of $250,000
109 - 400 - 3105 -5215 in the amount of $13,000
112- 400 -5292 -5215 in the amount of $31,000
501- 400 - 7102 -5215 in the amount of $14,000
502- 400 - 4301 -5215 in the amount of $13,000
Water Meters — Metron Farnier & Actaris
The City's water distribution system includes approximately 250 large commercial compound
water meters three to eight inches in diameter. As large meters age, they become less accurate
and tend to register water usage that is below actual consumption. It is common in the water
industry to replace older large meters as they are typically the greatest source of unbilled water
or lost water. When meters are replaced, the Water Division installs single jet water meters
rather than compound water meters. The single jet meters provide increased metering accuracy,
excellent low flow registration, and less maintenance part. The cost to replace each meter ranges
from $2,000 to $5,000, dependent upon size.
Staff plans to continue replacing meters in FY 2011 -2012 and recommends continuing to
purchase meters from Metron Farnier & Actaris, the only two vendors that supply this type of
meter, in an amount not to exceed $100,000 in total. Account Numbers: 501- 400 - 7201 -6215.
Asphalt Pavine Materials — Blue Diamond Materials
The Street Maintenance Division repairs approximately 50,000 square feet of pavement
annually. Pavement repair work includes potholes, pavement failures, repairs from tree root
damage and utility cuts, general street repairs throughout the City and preparation for slurry seal
projects. Through the Fiscal Year 2011 -2012 budget process, $50,000 was budgeted for the
annual expenditure of asphalt paving materials.
Street Maintenance Division personnel drive a City dump truck to retrieve asphalt paving
materials. There are three local vendors that supply the materials.
Pricing for asphalt paving materials is variable and dependent upon the oil and aggregate market.
The pricing for asphalt concrete in the table above was based on a spot market quote on
September 12, 2011.
Staff recommends continuing the purchase or asphalt paving materials from Blue Diamond
Materials, on a single- source basis, in an amount not to exceed $50,000 for the following
reasons:
1. Closer proximity to City reduces staff driving time, fuel and liability;
2. Availability of materials — two locations;
3. Lowest overall cost when factoring in travel time costs and staff downtime;
4. Reduced temperature loss from being transported shorter distances.
Location
Miles from City
C -2 Asphalt
Concrete/Ton
All American Asphalt
Westminster
27
$90.00
Blue Diamond Materials
Inglewood & Southgate
5 & 17
$69.00
Vulcan Materials
Los Angeles
19
$70.00
Pricing for asphalt paving materials is variable and dependent upon the oil and aggregate market.
The pricing for asphalt concrete in the table above was based on a spot market quote on
September 12, 2011.
Staff recommends continuing the purchase or asphalt paving materials from Blue Diamond
Materials, on a single- source basis, in an amount not to exceed $50,000 for the following
reasons:
1. Closer proximity to City reduces staff driving time, fuel and liability;
2. Availability of materials — two locations;
3. Lowest overall cost when factoring in travel time costs and staff downtime;
4. Reduced temperature loss from being transported shorter distances.
At this time, Blue Diamond Materials is the more reasonable choice based upon pricing,
proximity and availability. Staff will continue to monitor asphalt concrete prices and return to
Council if a change in vendors is warranted. Account Number: 001- 400 - 4202 -5204.
Sewer and Stormwater Station Maintenance — Flo - Systems, Inc.
Flo - Systems Inc. has been providing ongoing repair and maintenance for the City's sewer and
stormwater stations for over 20 years and is currently under contract. It is the local distributor
for the majority of parts and equipment utilized in our pump stations. In addition, Flo- Systems is
the factory authorized repair company for the City's new telemetry system (sole source). Its
services include both preventative and emergency repair along with parts ordering. For fiscal
year 2011 -2012, the annual cost of funding is not to exceed $75,000. Account number: 502-
400 -4301 -6206.
Police Department
Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA)
The SPCALA provides animal sheltering services for the Police Department's Animal Control
program. The SPCALA is utilized to shelter dogs, cats, wild animals, etc. that are captured,
found or given to the Animal Control program. The City has contracted with the SPCALA for
sheltering services since the Police Department took over all animal control functions not to
exceed $28,200 in fiscal year 2011 -2012. Account Number: 001- 400 - 3108 -6206.
Duncan Solutions
Duncan Solutions provides a maintenance contract for the Police Department Traffic Division's
Processing system. This system is utilized by parking personnel to issue parking citations.
Duncan Solutions also provides a collection service for delinquent parking citations not to
exceed $77,000 in fiscal year 2011 -2012. Account Number: 001 - 400 - 3101 -6206.
AT &T Connection Services
AT &T Connection Services provides a link between Hawthorne Police / Tiburon and the Police
Department's dispatch and records. These funds will provide necessary training on the
integration, use, and maintenance of programs such as CHEERS and digital booking. In
addition, AT &T provides a connection between Hawthorne Police / Tiburon and the Police
Department's mobile data computer (MDC) package. The requested funds are necessary to
equip, integrate, maintain, operate and upgrade the systems not to exceed $39,400 in fiscal year
2011 -2012. Account Number: 001- 400 - 3107 -6278.
Tyler Technologies Eden Financial Management System
The City utilizes Tyler Technologies financial software to manage the City's General Ledger,
Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual
licensing, maintenance, and support of these systems. The total cost will not exceed $40,600 for
fiscal year 2011 -2012. Account Number: 001- 400 - 2506 -6217.
153
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a standard Public Works Contract to the
lowest responsible bidder, All American Asphalt, Inc., for Lairport Street rehabilitation
from Mariposa Avenue to Maple Avenue. Project No.: PW 10 -04 and pavement repair of
a section of the Joslyn Center parking lot damaged by tree roots. (Fiscal Impact:
$288,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with All American Asphalt, Inc., in the
amount of $261,629.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $288,000
Additional Appropriation: No
Account Number(s): 106 - 400 - 8203 -8604 ($245,000)
001 - 400 - 4201 -6209 ($39,295)
ORIGINATED BY: Maryam M. Jonas, Principal Engineer ail
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
The City Council approved plans and authorized staff to advertise a project for the Pavement
Rehabilitation of Lairport Street between Mariposa Ave. and Maple Ave. On August 30, 2011,
the City Clerk received and opened six (6) bids as follows:
1. All American Asphalt
$261,629.00
2. Hardy & Harper, Inc.
$270,850.00
3. Sequel Contractors, Inc.
$274,489.80
4. Terra Pave, Inc.
$294,234.50
5. Silvia Construction, Inc.
$314,404.00
6. Palp, Inc. dba Excel Paving Company
$315,816.00
12
15' t
The pavement rehabilitation of Lairport Street includes reconstruction of the upper two -feet (2')
of approximately 1,600 square feet of the street and grind and overlay of the remaining existing
pavement with two -inch (2 ") Asphalt Concrete (AC). Also included in this project is
reconstruction of an area of Joslyn Center parking lot damaged by the tree roots. The
rehabilitation of Lariport Street is fully funded through the Gas Tax Revenue and the fund for the
Joslyn Center parking lot is from the adopted Street Maintenance budget for fiscal year 2011 -12.
Staff recommends awarding the contract to the lowest responsible bidder, All American Asphalt,
Inc., in the amount of $261,629. The total amount ($288,000) requested includes the contract
amount and an additional $26,371 for construction related contingencies. All American Asphalt,
Inc. has completed projects for the City in the past and references provided verified successful
experience with similar projects.
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a non - exclusive franchise to Consolidated
Disposal Service, LLC for residential and municipal solid waste hauling services. (Fiscal
Impact: $3,565,500 over 7 years)
RECOMMENDED COUNCIL ACTION:
Authorize the Mayor to execute a 7 -year franchise agreement in a form approved by
the City Attorney with Consolidated Disposal Services, LLC in the amount of
$3,565,500 which represents $489,950 annually for the first three years, and $523,913
for the remaining four years of the contract.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Solid Waste Franchise Agreement with Consolidated Disposal Service, LLC and
associated exhibits.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $489,950 annually for the first three years
Additional Appropriation: No
Account Number(s): 001- 400 - 4206 -6206
ORIGINATED BY: Stephanie Katsouleas, Public Works Director-,--
REVIEWED BY: Mark Hensley, City Attorney
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
On February 1, 2011, City Council directed staff to seek new bids for residential and municipal
solid waste collection services. After the City received four proposals in response to its Request
for Proposals (RFP), the City's Trash Committee recommended that the City Council award a
franchise agreement to the City's existing solid waste service provider Consolidated Disposal
Services, LLC (Consolidated). On August 2, 2011, the City Council unanimously voted to
award a non - exclusive franchise to Consolidated Disposal Services, LLC. The franchise
agreement obligates the City to pay Consolidated $3,565,500 during the seven -year term of the
agreement.
In all, up to 3981 residential services addresses, 12 City facilities and the City's downtown area
will receive city -paid solid waste collection services. Additionally, Consolidated will provide
trash collection support for several City- sponsored community events; two annual bulky item
collection events; collection of abandoned items in the public right -of -way; and implement a
13
1J.
periodic public outreach program to inform residents of the collection services available. A
dedicated telephone number must be maintained and advertised for residents to call for any
questions or complaints. Consolidated must also conduct annual audits of the trash collection
routes and make billing adjustments when necessary.
Please note that, at the time of this staff report mailing, the City attorney and CDS legal counsel
were still negotiating three remaining issues, which include:
• Section 1.01 j and 3.01: Whether the contract will represent an exclusive or non-
exclusive agreement
• Section 7.03: Whether the pollution exclusion endorsement will be deleted and replaced
with the Motor Carrier Act endorsement; and
• Section 14.04a, b: Whether missed pick ups will be collected the next day vs. next
business day.
All other agreement language and the terms of the Scope of Works have been agreed upon and
finalized. Staff anticipates that resolution of these three outstanding items will be reached before
the September 20, 2011 Council meeting and plans to present an update at that time. Therefore,
staff recommends that City Council receive and incorporate the results of the items still being
negotiated and approve a final seven -year franchise agreement with Consolidated Disposal
Services, LLC for residential and municipal waste hauling services. This approval will allow
staff and Consolidated to immediately begin implementing the Scope of Work so that the 30 -day
notification requirements can be met prior to the anticipated November 1, 2011 start date.
1��
FRANCHISE
FOR RESIDENTIAL AND MULTI - FAMILY RESIDENTIAL
SOLID WASTE COLLECTION
BETWEEN
THE CITY OF EL SEGUNDO
AND
CONSOLIDATED DISPOSAL SERVICES, LLC
PURSUANT TO
EL SEGUNDO MUNICIPAL CODE CHAPTER 5 -2
1 5 �
CONTENTS
ArticleI. RECITALS ....................................................................................... ............................... 1
ArticleII. DEFINITIONS ................................................................................ ...............................
3
Article III. GRANT OF FRANCHISE ............................................................ ...............................
8
Article IV. FRANCHISE EXCLUSIONS ..................................................... ...............................
11
ArticleV. TERM ........................................................................................... ...............................
12
Article VI. LIABILITY AND INDEMNIFICATION ................................... ...............................
12
Article VII. INSURANCE ............................................................................. ...............................
14
Article VIII. DIVERSION STANDARDS .................................................... ...............................
15
Article IX. TYPES AND FREQUENCY OF SERVICE ............................... ...............................
16
Article X. OPERATIONS .............................................................................. ...............................
21
Article XI. COLLECTION EQUIPMENT .................................................... ...............................
30
ArticleXII. PRIVACY .................................................................................. ...............................
31
Article XIII. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS ..............
31
Article XIV. CUSTOMER SERVICE ........................................................... ...............................
32
Article XV. EMERGENCY SERVICE ......................................................... ...............................
34
Article XVI. OWNERSHIP OF SOLID WASTE ......................................... ...............................
35
Article XVII. RATES AND BILLING .......................................................... ...............................
35
Article XVIII. FUTURE ADJUSTMENTS ................................................... ...............................
36
Article XIX. FRANCHISEE'S BOOKS AND RECORDS; AUDITS .......... ...............................
36
Article XX. THE ACT; REPORTING REQUIREMENTS .......................... ...............................
36
Article XXI. ACTIVITIES AND FINANCIAL REPORTS; ADVERSE INFORMATION.......
37
ArticleXXII. SECURITY ............................................................................. ...............................
41
Article XXIII. CITY'S ADDITIONAL REMEDIES .................................... ...............................
42
Article XXIV. FRANCHISE TRANSFER; CITY CONSENT; FEES ......... ...............................
43
Article XXV. MISCELLANEOUS PROVISIONS ....................................... ...............................
45
-i -
j)L
SOLID WASTE FRANCHISE
THIS AGREEMENT is entered into on 12011 by and between CITY OF EL SEGUNDO,
a general law city and municipal corporation ( "CITY ") and CONSOLIDATED DISPOSAL
SERVICES, LLC, a Delaware limited liability company ( "FRANCHISEE ").
ARTICLE I. RECITALS.
Section 1.01 The Parties enter into this Agreement with reference to the following facts,
objectives, and understandings:
A. Pursuant to Article XI, § 7 of the California Constitution, CITY has the duty and
authority of matters of public sanitation;
B. The California Integrated Waste Management Act of 1989 (Public Resources Code §§
40000, et seq.; the "Act ") establishes a solid waste management process which requires
cities and other local jurisdictions to implement plans for source reduction, reuse and
recycling as integrated waste management practices and to meet the goals and objectives
of the Act;
C. The Act provides that aspects of solid waste handling of local concern include, without
limitation, frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste
services, and whether the services are to be provided by means of nonexclusive, partially
exclusive or wholly exclusive franchise, contract, license or otherwise which may be
granted by local government under terms and conditions prescribed by the governing
body of the local agency;
D. CITY is obligated to protect the public health and safety of CITY's residents and
arrangements made by solid waste enterprises and recyclers for the collection of Solid
Wastes should be made in a manner consistent with the exercise of CITY's police power
for the protection of public health and safety;
-1-
J-
E. CITY and FRANCHISEE are mindful of the provisions of the laws governing the safe
collection, transport, recycling and disposal of Solid Waste, including the Act, the
Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901, et seq., and the
Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "),
42 U.S.C. §§ 9601, et seq.;
F. CITY and FRANCHISEE desire to leave no doubts as to their respective roles and to
make it clear that by entering into this Agreement, CITY is not thereby becoming a
"generator" or an "arranger" as those terms are used in the context of CERCLA § 107 (a)
(3) and that it is FRANCHISEE, an independent entity, not CITY, which will arrange to
collect from Premises in CITY's jurisdiction, transport for disposal and dispose of Solid
Wastes which may contain small amounts of products with the characteristics of
hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable
Solid Wastes from Premises in CITY;
G. There are no places within CITY's limits where landfills are located, or which are
suitable for the siting of a landfill and therefore Solid Waste must be exported from
CITY;
H. CITY and FRANCHISEE agree that, subject to City's exercise of its right to require the
use of specific facilities as provided in Section 4.03 of this Agreement and
FRANCHISEE's right to additional compensation by reason thereof as provided in
Section 4.03 of this Agreement, it is FRANCHISEE, and not CITY, which will select the
landfill or transformation facility destination of the non - recyclable Solid Waste which
FRANCHISEE will arrange to collect, that CITY has not and, by this Agreement does
not, instruct FRANCHISEE on its collection methods, nor supervise FRANCHISEE in
the collection of waste and nothing in this Agreement or other action of CITY must be
construed to give rise to any inference that CITY has any title, ownership or right of
possession of such Solid Waste;
I. FRANCHISEE represents, and warrants to CITY that FRANCHISEE has the experience,
responsibility and qualifications to conduct recycling programs, to provide CITY with
information sufficient to meet CITY's reporting requirements under the Act, to meet
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CITY's other requirements under the Act, to arrange with residents of Premises in CITY
for the collection, safe transport and disposal of Solid Wastes which may contain small
amounts of household products with the characteristics of Hazardous Wastes, in a safe
manner which must minimize the adverse effects of collection vehicles on air quality and
traffic, and that FRANCHISEE has the ability to indemnify CITY in accordance with this
Agreement;
CITY's City Council determines and finds pursuant to Public Resources Code § 40059(a)
(1) that the public interest, health, safety and well- being, including the minimization of
adverse impacts on air quality and traffic from excessive numbers of collection vehicles,
the implementation of measures consistent with CITY's Source Reduction and Recycling
Component, and the protection of CITY against potential CERCLA liability, would be
served if FRANCHISEE were to be awarded a non - exclusive franchise for collection,
recycling and disposal of Residential Solid Waste from Residential Premises in CITY;
and
IN CONSIDERATION of the mutual terms, conditions and covenants herein contained,
the Parties agree as follows:
ARTICLE II. DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this Agreement. Words and phrases
not defined by this chapter have the meanings stated in the El Segundo Municipal Code
( "ESMC ") or the Public Resources Code, and any successor statutes or regulations.
Section 2.01 "Act" means the California Integrated Waste Management Act of 1989
(Public Resources Code §§ 40000, et seq.), as it may be amended from time to time.
Section 2.02 Agreement" or "Franchise Agreement" means this written agreement between
CITY and FRANCHISEE, and all Exhibits and documents incorporated by reference, governing
provision of Solid Waste Services.
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Section 2.03 "Bins" or "Solid Waste Bins" means those containers provided for the
temporary accumulation and collection of Solid Waste or recycling from City Facilities. Bins
are usually two or three cubic yards in size, or larger.
Section 2.04 "CalRecycle" means the California Department of Resources Recovery and
Recycling.
Section 2.05 "CITY" or "GRANTOR" means the City of El Segundo, a general law city
and municipal corporation of the State of California, in its present incorporated form or in any
later reorganized, consolidated, enlarged or reincorporated form.
Section 2.06 "Disposal Site" means any solid waste handling facility or facilities used for
the final disposal of solid waste collected by the Franchisee.
Section 2.07 "Environmental Laws" means all federal and state statutes, county and City
ordinances concerning public health, safety and the environment including, by way of example
and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 USC §§ 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §§
6902, et seq.; the Federal Clean Water Act, 33 USC §§ 1251, et seq.; the Toxic Substances
Control Act, 15 USC §§ 1601, et seq.; the Occupational Safety and Health Act, 29 USC §§ 651,
et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §§
25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code
§§ 25300, et seq.; the Porter- Cologne Water Quality Control Act, California Water Code §§
13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and
Safety Code §§ 25249.5, et seq.; as currently in force or as later amended, and all rules and
regulations promulgated thereunder.
Section 2.08 "E- waste" includes the wastes set forth in 22 California Code of Regulations §
66273.9 for consumer electronic devices, including CRT Devices, that exhibit characteristics of
toxicity.
Section 2.09 "FRANCHISEE" means Consolidated Disposal Service, LLC, a limited
liability company organized and existing under and by virtue of the laws of the State of
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Delaware, with its principal place of business in Los Angeles County, and its lawful successors
or assigns.
Section 2.10 "Franchise Area" means the area depicted on attached Exhibit A which are
incorporated by reference and which may be changed in accordance with this Agreement as set
forth below.
Section 2.11 "Green Waste" means organic wastes generated by City crew operations.
Items include, without limitation, leaves, grass, weeds, and wood materials from trees and
shrubs, and similar materials that fit within a City facility Green Waste Container and that are
deposited in such containers by City crew personnel. Yucca leaves, palm fronds, tree stumps and
tree roots are not considered green waste.
Section 2.12 "City Facility Green Waste Containers" typically means bins of three (3)
cubic yard capacity or containers of twenty to forty (20 -40) cubic yard capacity (at the option of
the City) for the temporary accumulation and collection of Green Waste, supplied by
FRANCHISEE to CITY facility locations covered specified in Exhibit B ( "Scope of Work "),
when requested by the person in charge of day to day activities at the premises. Each Green
Waste Container provided by FRANCHISEE will have a decal on the container, describing what
materials may, and may not, be placed in the container for collection. Title to Green Waste
Containers provided by FRANCHISEE remains with FRANCHISEE.
Section 2.13 "Hazardous Waste" or "HW" means any flammable, explosive, or radioactive
materials or hazardous, toxic or dangerous wastes, substances or related materials or any other
chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any
federal, state, local law or regulation or which, even if not so regulated, may or could pose a
hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum
products and byproducts, substances defined or listed as "hazardous substances" or "toxic
substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste
Management, Resource Recovery and Recycling Act (Government. Code §§ 66700, et seq.); the
Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601
et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource
Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); Health and Safety Code §§ 25117
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or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3);
any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C.
§§ 2601 et seq.); any "toxic pollutant" under the Clean Water Act (33 U.S.C. §§ 1251 et seq.);
and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.).
Section 2.14 "Household Hazardous Waste" or "HHW" "Household hazardous waste"
means any Hazardous Waste generated incidental to owning or maintaining a residence
including, without limitation, E- waste. Household hazardous waste does not include any waste
generated in the course of operating a business at a residence (see 22 Cal. Code of Regs. §
66260.10).
Section 2.15 "Recycling Materials" means the following materials generated in or
emanating from Residential premises or City facilities and no longer useful or wanted: glass jars
and bottles; steel, bi- metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic;
plastics types 3 — 7; plastic bags, shrink wrap, plastic toys and tools, and other plastic materials
(if readily identifiable as being recyclable and delivered to a drop -off center); juice boxes and
milk cartons (aseptic packaging, Tetra Pak° and waxed cardboard); scrap metal, coat hangers
and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback
books, cereal boxes, envelopes, paper shopping bags and non - metallic wrapping paper); and
telephone books, and such additional materials as the City Council may designate from time to
time.
Section 2.16 "City Facilities Recycling Container" means any bin of three (3) cubic yard
capacity for the temporary accumulation and collection of source - separated Recyclable Solid
Wastes, supplied by FRANCHISEE to City facility locations specified in Exhibit B ( "Scope of
Work "). The term "City Facilities Recycling Container" also includes any other containers
designated by FRANCHISEE to be used for temporary accumulation and collection of
Recyclable materials, such as the forty (40) cubic yard recycling containers used for the drop -off
of residential recyclable materials by residents at the City Yard. Each Recycling Container
provided by FRANCHISEE will have a "hot stamp" or decal on the cover, describing what
materials may, and may not, be placed in the container for collection. Title to Recycling
Containers provided by FRANCHISEE remains with FRANCHISEE.
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Section 2.17 "Residential Recycling Container," means a container provided by the
Franchisee to Residential premises for use in collecting and moving recyclable materials to
curbside for collection by Franchisee. The recycling container must have a maximum capacity
of 32 gallons so long as collection occurs not less than weekly. The container must indicate the
type of material that can be placed in the container and be identified as a recycling container with
a recycling logo.
Section 2.18 "Recycling" means any process by which materials that would otherwise
become solid waste are collected (whether source - separated, co- mingled, or as mixed waste),
separated or processed and returned to the economic mainstream in the form of raw materials or
products or materials that are salvaged or recovered for reuse.
Section 2.19 "Residential Account" means an account for solid waste collection and
recycling services provided to any Residential Premises.
Section 2.20 "Residential Householder" means any person holding and /or occupying
residential premises, whether or not the owner, singly, or with his or her family, in the City.
Section 2.21 "Residential Premises" means all property which is used for residential
purposes within the City, including single - family premises, multi - family premises, apartment
houses, condominiums, mixed condominiums and rental housing, senior citizen housing
complexes, mobile home parks, and trailer parks, containing four (4) residential dwelling units or
less.
Section 2.22 "Scavenging" means the unauthorized removal of Recyclable Solid Wastes.
Scavenging is prohibited by Public Resources Code § 41950.
Section 2.23 "ESMC" means the El Segundo Municipal Code, as amended, including,
without limitation, Chapter 5 -2 of the ESMC which regulates solid waste within CITY's
jurisdiction.
Section 2.24 "Solid Waste" has the meaning defined in Public Resources Code § 40191,
including all putrescible and nonputrescible solid and semi solid waste, generated in or upon,
related to the occupancy or, remaining in or emanating from Residential premises or City
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facilities, including recyclable materials, garbage, trash, refuse, paper, rubbish, ashes, industrial
waste, discarded home and industrial appliances, manure, vegetable or animal solid wastes, other
solid and semisolid waste, excluding liquid wastes, abandoned vehicles, hazardous and medical
waste.
Section 2.25 "Residential Solid Waste Container" means a container supplied by a
residential householder, made of metal, hard rubber or plastic with handles and with a capacity
of approximately thirty five (35) gallons that is serviced by a truck for standard, manual curbside
residential collection. Container size is plus /minus 15% depending on manufacturer.
Section 2.26 "Solid Waste Handling" or "Handling" means the collection, transportation,
storage, transfer, or processing of solid wastes.
Section 2.28 "Special Waste" means solid waste that is a "designated waste" under applicable
law, is required to be accompanied by a written manifest or shipping document describing the
waste under applicable law, or requires special handling at any processing facility or disposal
site.
Section 2.29 "Streets" means the public streets, ways, alleys and places within CITY as the
same now or may hereafter exist, and in which CITY has the authority to grant a Franchise.
Section 2.30 "Universal Waste" means waste materials that are conditionally exempt from
classification as hazardous waste pursuant to 22 California Code of Regulations § 66261.9,
including without limitation batteries, computers and peripherals, printers, CRT monitors,
televisions, electronic equipment, and cathode ray tubes.
Section 2.31 "City Facility" locations means those city owned facilities identified in Exhibit B
( "Scope of Work ") receiving solid waste collection services from FRANCHISEE.
ARTICLE III. GRANT OF FRANCHISE
Section 3.01 Grant. The City Council grants to FRANCHISEE a non - exclusive solid waste
franchise for collecting, transferring, recycling, composting, and disposing solid wastes,
including recyclable solid wastes and /or green waste from Residential premises and City facility
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locations within CITY's jurisdiction as set forth in the attached Exhibit A, which is incorporated
by reference.
Section 3.02 Agreement Subject to ESMC. In addition to the terms and conditions set forth in
this Agreement, this Agreement is subject to the terms, conditions, and limitations set forth in
Chapter 5 -2 of the ESMC.
Section 3.03 CITY's prior rights. All privileges set forth in this Agreement are subordinate to
any prior lawful use and occupancy of CITY's streets. However, City represents that there are
and will be no material restrictions on FRANCHISEE's ability to utilize CITY's streets to carry
out its obligations pursuant to this Agreement.
Section 3.04 Cost of operating franchise. Any act permitted by this Agreement must be
performed at FRANCHISEE's own expense, unless expressly provided otherwise in this
franchise or applicable law.
Section 3.05 Waiver of rights. FRANCHISEE waives any right it may have to challenge the
terms of this Agreement under federal, state or local law, or administrative regulation, except as
provided in the dispute resolution provisions in this Agreement.
Section 3.06 Annexation. Nothing in this franchise extends FRANCHISEE's rights under this
Agreement to territory that may be annexed to CITY'S jurisdiction after this Agreement becomes
effective. The parties may, but are not required to, negotiate for extending FRANCHISEE's
franchise to any such annexed territory.
Section 3.07 The effectiveness of this Agreement, and the performance of the City's
obligations, are subject to the satisfaction of all conditions set out below, any of which may be
waived by the City in whole or in part:
A. Accuracy of Representations. Representations and warranties made by the Franchisee in
this Agreement are true and correct as of the Operative Date.
B. Furnishing of Insurance and Bonds. FRANCHISEE has furnished evidence satisfactory
to the City Manager of the insurance and bonds required by the ESMC and this
Agreement.
C. Effectiveness of City Council Action. The City's ordinance approving this Agreement
becomes effective under California law before the Operative Date of this Agreement.
Section 3.08 Delegation of Authority. Administration of this Agreement by CITY will be
under the supervision and direction of the City Manager. Any and all actions specified in this
Agreement, unless otherwise stated, will be taken by the City Manager.
Section 3.09 General. CITY may direct FRANCHISEE to perform additional services
(including new diversion programs, etc.), or to modify the manner in which it performs existing
services or bills for services. Pilot programs and innovative services that may entail new
collection methods, different kinds of services or new requirements for customers, are included
among the kinds of changes that CITY may direct. FRANCHISEE is entitled to an equitable
adjustment in its compensation for providing such additional or modified services.
FRANCHISEE is not required to perform additional services or to modify the manner in which it
performs existing services or bills for services in any manner which materially and adversely
alters FRANCHISEE's rights and obligations pursuant to this Agreement, or which increases the
cost to FRANCHISEE of providing such services, without the written consent of FRANCHISEE.
Section 3.10 New Diversion Programs. In conjunction with the requirements of this
Agreement, FRANCHISEE must present, within 30 days of a request from the City, a proposal
to provide additional or expanded diversion services. The proposal must contain a complete
description of the following:
A. Collection methodology to be employed (e.g., equipment and manpower).
B. Equipment to be used (e.g., vehicle number, types, capacity, and age).
C. Labor requirements (e.g., number of employees by classification).
D. Type of containers to be used.
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E. Program publicity, education, and marketing.
F. Three -year projection of the financial results of the program's operations in an operating
statement format, including documentation of the key assumptions underlying the
projections and the support for those assumptions.
Section 3.11 City's Right to Acquire Other Services. FRANCHISEE acknowledges that
CITY may permit other persons to provide additional solid waste services which are not
otherwise provided for in this Agreement, including specific niche services such as collection of
water heaters. If CITY proposes to grant any such rights, CITY agrees to notify FRANCHISEE
in writing at least ninety (90) days in advance. FRANCHISEE has the first right of negotiation
and to present a proposal to CITY with respect to provision of such additional services,
whereupon CITY and FRANCHISEE agree to negotiate in good faith with respect to provision
of such additional services. If FRANCHISEE and CITY cannot agree on terms and conditions
for additional or expanded diversion services within 90 days from the date when CITY first
requests a proposal from FRANCHISEE to perform those services, CITY may authorize persons
other than FRANCHISEE to provide those services.
ARTICLE IV. FRANCHISE EXCLUSIONS
Section 4.01 Gardeners and Landscapers. This Agreement does not prohibit gardeners and
landscapers from collecting, transporting and composting or disposing of Green Waste, as long
as they transport such Green Waste to a Compostable Materials Handling Facility or a Green
Material Composting Facility, as defined in 14 Cal. Code of Regs. § 17852, or other site
permitted (or exempt from permitting) by CalRecycle in accordance with all governing laws and
regulations.
Section 4.02 Sale or Gift of Recyclable Materials. This Agreement does not prohibit any
person from selling Recyclable Materials or giving Recyclable Materials away to persons or
entities other than FRANCHISEE.
Section 4.03 Flow Control - Reservation of Rights. Subject to the provisions of Section
9.14 of this Agreement, FRANCHISEE agrees to deliver to solid waste disposal facilities all
solid waste collected pursuant to this Agreement which cannot be recycled or otherwise diverted
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from landfills. The Parties agree to exercise good faith efforts to negotiate reasonable
compensation to FRANCHISEE in the event such diversion results in actual increased expenses
to FRANCHISEE.
Section 4.04 Prohibitions. FRANCHISEE is prohibited from commingling waste collected
from within CITY's limits with other wastes such as that from the unincorporated area or other
cities. However, nothing herein prohibits commingling of residual waste after diversion of
recyclable materials, unless such commingling violates rules or regulations of landfills to which
FRANCHISEE transports such residual waste.
ARTICLE V. TERM
Section 5.01 The term of this Agreement is a base period of seven (7) years, commencing
on November 1, 2011 and ending October 31, 2018.
Section 5.02 FRANCHISEE is also required to cooperate with CITY and any successor
operator (by providing, e.g., access to landfill destination information, insurance and
indemnification and an insurance policy repository) beyond the period during which collection
services are to be pursuant to this Agreement.
ARTICLE VI. LIABILITY AND INDEMNIFICATION.
Section 6.01 FRANCHISEE agrees to the following:
A. FRANCHISEE indemnifies and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, reasonable attorney's fees and penalties),
injuries, or liability, arising out of this Agreement, or its performance including, without
limitation, damages or penalties arising from FRANCHISEE's removal, remediation,
response or other plan concerning any Hazardous Waste resulting in the release of any
Hazardous Waste into the environment, except for such loss or damage arising from
CITY's sole negligence or willful misconduct, and except for such loss or damage arising
primarily out of acts or omissions of third parties not under the control of FRANCHISEE,
its affiliates, officers, directors, employees or agents. Should CITY be named in any suit,
or should any claim be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance by FRANCHISEE,
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FRANCHISEE will defend CITY (at CITY's request and with counsel reasonably
satisfactory to CITY) and will indemnify (including, without limitation, insurance to the
extent applicable) CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise, except as to acts or omissions of CITY, its officers and agents,
and except as to acts or omissions of third parties not under the control of FRANCHISEE,
its, affiliates, officers, directors, employees or agents.
B. Without limiting the foregoing, FRANCHISEE must indemnify, defend, protect and hold
harmless CITY from and against all claims, actual damages (including, without
limitation, special and consequential damages), natural resources damages, punitive
damages, injuries, costs, response, remediation and removal costs, losses, demands, debts,
liens, liabilities, causes of action, suits, legal or administrative proceedings, including,
without limitation, cleanup and abatement orders of the United States Environmental
Protection Agency, the California Integrated Waste Management Board, the California
Department of Toxic Substances Control, the State Water Resources Control Board, a
Regional Water Quality Control Board, and any Local Enforcement Agency with
jurisdiction; other administrative agencies, interest, fines, charges, penalties and expenses
(including without limitation attorneys' and expert witness fees and costs incurred in
connection with defending against any of the foregoing or in enforcing this indemnity) of
any kind whatsoever paid, incurred or suffered by, or asserted against, CITY arising from
or attributable to any repair, cleanup or detoxification, or preparation and implementation
of any removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any Hazardous Waste in any Solid
Waste collected by FRANCHISEE pursuant to this Agreement, which is or has been
transported, transferred, processed, stored, disposed of or which has otherwise come to be
located by FRANCHISEE, or its activities pursuant to this Agreement result in a release
of a Hazardous Waste into the environment, except for such loss or damage arising from
CITY's sole negligence or willful misconduct.
C. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC §
9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act;
"CERCLA ") and Health & Safety Code § 25364 to defend, protect, hold harmless, and
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indemnify CITY from all forms of liability under CERCLA, or other applicable law, for
any and all matters addressed in this Agreement.
D. For purposes of this section "CITY" includes CITY's officers; elected and appointed
officials; employees; agents; representatives; and volunteers.
E. FRANCHISEE expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of California
and that if any portion is held invalid, it is agreed that the balance will, notwithstanding,
continue in full legal force and effect.
F. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
Section 6.02 The requirements as to the types and limits of insurance coverage to be
maintained by FRANCHISEE as required by this Agreement, and any approval of said insurance
by CITY, are not intended to and will not in any manner limit or qualify the liabilities and
obligations otherwise assumed by FRANCHISEE pursuant to this Agreement, including, without
limitation, to the provisions concerning indemnification.
ARTICLE VII. INSURANCE
Section 7.01 Before commencing performance under this Agreement, and at all other times
this Agreement is effective, FRANCHISEE will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$5,000,000
$5,000,000
Statutory requirement.
Section 7.02 Commercial general liability insurance must meet or exceed the requirements
of ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth
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above will be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to name CITY, its
officials, and employees as "additional insured's" under said insurance coverage and to state that
such insurance will be deemed "primary" such that any other insurance that may be carried by
CITY will be excess thereto. Such insurance must be on an "occurrence," not a "claims made,"
basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to CITY.
Section 7.03 Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto). The Automobile Liability policy must be
endorsed to delete the Pollution exclusion and add the Motor Carrier Act endorsement (MCS-
90), TL 1005, TL 1007 and /or other endorsements required by federal or state authorities.
Section 7.04 FRANCHISEE will furnish to CITY duly authenticated endorsements and
such other evidence of insurance or copies of policies as may be reasonably required by CITY
from time to time. Insurance must be placed with admitted insurers with a current A.M. Best
Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will
provide thirty (30) day notice of any cancellation of coverage. FRANCHISEE will require its
insurer to modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
Section 7.05 Should FRANCHISEE, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at FRANCHISEE's
expense and deduct the cost of such insurance from payments due to FRANCHISEE under this
Agreement or terminate.
Section 7.06 Self - Insurance. To the extent provided by law, all or any part of any required
insurance may be provided under a plan of self - insurance approved by the State of California.
ARTICLE VIII. DIVERSION STANDARDS
Section 8.01 FRANCHISEE agrees to work with CITY in order to facilitate compliance
with the Act and subsequent State legislation including, without limitation, Public Resources
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Code §41780, on an annual basis from January 1 through December 31. In the event of a
determination by CalRecycle that CITY has failed or will fail to meets its diversion goals
because the waste stream under the control of FRANCHISEE is found to be non - compliant with
such goals, FRANCHISEE and CITY agree to negotiate in good faith any additional programs or
services that may be required to failitate such compliance.
Section 8.02 If FRANCHISEE does not meet any of the above diversion standards in any
given year, then FRANCHISEE must document to CITY the reason for not meeting the
applicable diversion standard. If the deficiency is due to diversion of materials from the waste
stream before FRANCHISEE takes possession (for example, service recipients within the
Franchise Area sell recyclable materials to third parties as permitted pursuant to this Agreement),
and such third -party diversion is documented to CITY's commercially reasonable satisfaction,
the diversion from other sources, then and only then will CITY waive the applicable diversion
rate for such year.
Section 8.03 The parties desire that FRANCHISEE achieve the greatest diversion possible
under this Agreement. In evaluating the diversion programs and diversion rates CITY may
consider, without limitation, actual tons of diversion, program effectiveness, comparison to other
jurisdictions programs and diversion rates, exercise by CITY of rights to designate facilities to be
used by FRANCHISEE pursuant to Sections 4.03 and 9.14 of this Agreement, third -party
diversion prior to FRANCHISEE collection of solid waste materials, changes in the industry
and /or state laws, and other reasonably relevant factors. The parties may execute an amendment
to this Agreement reflecting any changes in the diversion rates hereunder.
ARTICLE IX. TYPES AND FREQUENCY OF SERVICE
Section 9.01 Public Health and Safety - General. FRANCHISEE must arrange for
collecting Residential Solid Waste at least once per week, on the regular collection day, or more
frequently as FRANCHISEE and its customers may agree. FRANCHISEE agrees to consider
and implement CITY's suggestions to mitigate adverse effects on traffic and air quality that
FRANCHISEE's routes and scheduling may cause.
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Section 9.02 FRANCHISEE must take all routing, emission, and other measures
reasonably necessary to ensure CITY's compliance with the Los Angeles County Air Pollution
Control District, the South Central Coast Air Quality Management District, and the California
Air Resources Board regulations, as applicable.
Section 9.03 FRANCHISEE must collect and remove all Solid Waste placed in Solid
Waste from all Residential Premises and City Facility locations affected by this Agreement
within CITY in conformance with the minimum frequency set forth in applicable law to prevent
overflows and spillage from Bins.
Section 9.04 FRANCHISEE agrees to provide Residential Recycling Containers to
Residential premises two weeks prior to commencement of service. Residential Recycling
containers must have a minimum capacity of 18 gallons and a maximum capacity of 32 gallons
with size chosen by the residential customer being serviced. Residential customers are entitled
to request up to 64- gallons of Recycling Container capacity. In addition to or in lieu of the
Residential Recycling Containers supplied by FRANCHISEE, Residential customers may also
place their own recycling containers at the curb for collection by FRANCHISEE as long as the
containers contain a contractor - supplied "recycling sticker" designating such container as
containing Recycling Materials. The size of such customer - provided recycling containers shall
be consistent with the requirements of Section 2.25. FRANCHISEE agrees to provide City
Facility Recycling Containers to City Facility locations as specified in Exhbit B ( "Scope of
Work "). FRANCHISEE will mark each of its Bins placed in CITY's jurisdiction with
conspicuous notices that the disposal of hazardous materials and hazardous wastes is prohibited.
FRANCHISEE will reasonably maintain all of its Bins placed within CITY's jurisdiction free of
"tagging" or "graffiti" within the time periods specified in Section 9.02 of this Agreement."
Section 9.05 The work to be performed by FRANCHISEE includes, without limitation,
furnishing of all labor, supervision, equipment, materials, supplies, and other items necessary to
perform the services required. The designation of, and specification of requirements for,
particular items of labor or equipment does not relieve FRANCHISEE of the duty to furnish all
others, as may be required, whether or not identified elsewhere in this Agreement.
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Section 9.06 The work to be performed by FRANCHISEE will be performed in a thorough
and professional manner so that customers within CITY are provided with reliable, courteous,
and high - quality solid waste, recyclable materials and green waste collection services at all times
during the term of this Agreement.
Section 9.07 Manual Residential Solid Waste Collection Service. Franchisee must collect
Solid Waste delivered for collection at the curbside by residential accounts not less than once
each calendar week. Not more than seven (7) days must elapse between collections (except for
one -day adjustments during weeks in which a holiday occurs). FRANCHISEE must offer
residential householders service levels as defined in the Scope of Work. The designated
collection location of containers, if disputed by the customer or FRANCHISEE, will be
determined by CITY. Additionally, if in CITY's opinion the existing collection location is
inappropriate, CITY may require the customer or FRANCHISEE to relocate the collection
location.
Section 9.08 Bulky Goods Pick -Up. FRANCHISEE must provide unlimited, weekly
curbside Bulky Goods pick -up per service recipient as part of the basic Solid Waste service.
Such service must be provided to all residential service addresses covered under this contract.
FRANCHISEE is not required to remove automobile bodies or any other items which may not be
safely handled by two persons. FRANCHISEE must comply with all applicable regulations
governing the recovery of ozone - depleting refrigerants during the disposal of air conditioning or
refrigeration equipment, including, without limitation 40 C.F.R, Part 82. To ensure
implementation of this provision, FRANCHISEE must provide details of its proposed bulky item
pick -up schedule and promotional campaign, and provide CITY an annual report on the number
of items collected per customer location.
A. FRANCHISEE will use its best efforts to reuse, recycle or dispose of Bulky Goods in the
following order:
1. Reuse as is (if energy efficient);
2. Disassemble for reuse or Recycling;
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3. Recycle; or
4. Disposal.
Section 9.09 Semi Annual Community Drop -off Events. Franchisee must promote and
conduct two Community Drop -off Events for collecting bulky items and E -waste from the
Residential premises in CITY. This program must comply with all applicable regulatory
requirements, be scheduled on a date mutually acceptable to FRANCHISEE and CITY, and
impose no additional cost upon CITY or service recipients. FRANCHISEE is responsible for all
aspects of the program, including without limitation, selecting the location, obtaining all
applicable permits, traffic control, on -site security, and public information, as well as collection,
packing, transportation, and safe disposal of all waste collected. The term "On -site security"
refers to traffic control and verification of eligibility within the off - street premises utilized for
such events, but does not include traffic control on CITY streets or providing security that is
customarily provided by law enforcement. Neither CITY nor CITY's residents will be
designated as the generator.
Section 9.10 Container Service for City /Community Events /Project. At the request of
CITY, FRANCHISEE must provide reasonable amounts of solid waste and /or recycling
container service at no cost for City- sponsored events, as set forth in Exhibit B, Scope of Work,
to this Agreement. FRANCHISEE is only required to provide containers in commercially
reasonable amounts, and is not responsible for picking up litter not placed into containers.
Section 9.11 At the request of CITY, FRANCHISEE must provide solid waste containers
for the collection of asphalt and street sweeping debris from CITY Yard, as referenced in Exhibit
B ( "Scope of Work "), at the rates included in Exhibit C.
Section 9.12 Manual Residential Recyclables Collection. FRANCHISEE must provide
manual residential recycling collection to all residential accounts on the same day as solid waste
collection. Materials to be collected are as defined in this Agreement. FRANCHISEE must
provide each solid waste customer one recycling container, with size to be determined by the
customer, with a maximum size of 32 gallons. FRANCHISEE must make available additional
recycling containers as requested by the customer, in accordance with Paragraph 9.04.
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FRANCHISEE must collect and remove all recyclable materials placed in recycling containers at
the curbside.
Section 9.13 City Facility Recycling Bin Service. FRANCHISEE agrees to provide
recycling collection service to all City Facilities receiving bin service. FRANCHISEE, at
FRANCHISEE 's sole expense, must deliver City Facility Recycling Containers, to be used
exclusively for accumulation, separation and collection of Recyclable Solid Wastes to each City
Facility location as identified by the CITY in Exhibit B ( "Scope of Work "). FRANCHISEE
must collect, remove and recycle all Recyclable Solid Waste placed in Recycling Bins.
FRANCHISEE agrees to use its best efforts to process Recyclable Solid Waste through the
Designated Recycling Facility or any facility permitted pursuant to this Agreement in order to
maximize the diversion of Solid Waste from landfills.
Section 9.14 Warning Notice. FRANCHISEE must notify customers who have non -
Recyclable Materials in their recycling container, in accordance with procedures to be agreed
upon between CITY and FRANCHISEE. If, after following this procedure, the container
continues to be contaminated, FRANCHISEE may remove the recycling container from
customers who fail to sort properly and who fail to segregate recyclable materials in accordance
with City- approved policy. FRANCHISEE must report to CITY on all warning notices that have
been issued of issuing the notice by the next business day. Sending a copy of the notice(s) to
City Manager's designee via facsimile or electronic mail will satisfy this requirement.
Section 9.15 Marketing and Sale of Recyclable Materials. FRANCHISEE is responsible
for the marketing and sale of all recyclable materials collected under this Agreement.
Section 9.16 Green Waste Program
A. City Facility Green Waste Bin Collection. FRANCHISEE, at FRANCHISEE's sole
expense, must deliver Green Waste Containers, to be used exclusively for accumulation,
separation and collection of Green Wastes to each municipal location designated by
CITY. FRANCHISEE must collect, remove and recycle all Green Waste placed in Green
Waste Containers. FRANCHISEE must use its best efforts to obtain maximum diversion
credit, if available, for Green Waste, including Holiday Trees.
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B. Holiday Tree Collection Program. FRANCHISEE must conduct an annual holiday tree
collection program. The program will include collection from all Residential premises.
The curbside collection period must commence on the first collection day after December
25 and will conclude on the second Friday of January. FRANCHISEE must cooperate
with CITY in the scheduling and operation of the holiday tree collection program.
Additionally, FRANCHISEE will provide one or more large bins for centralized holiday
tree collection at a CITY facility.
Section 9.17 Collection from City Facilities. FRANCHISEE must collect and dispose of
all solid waste placed solid waste containers and recyclable material containers from the
following City facility locations: City Hall Complex, Community Center(s), Police Department,
Fire Department(s), Main Street Receptacles, Police Storefront, Maintenance Yard, Water Yard,
from parks owned and operated by CITY and any other CITY facility identified in Exhibit `B,"
Scope of Work Such services must be provided at no cost to CITY, except as provided in
Exhibit C. Bins must be placed in areas reasonably designated by FRANCHISEE and accessible
to FRANCHISEE's front - loading vehicles. FRANCHISEE is only obligated to pick up materials
in bins provided by FRANCHISEE, and is not obligated to clean up litter or to pick up containers
other than those provided by FRANCHISEE. Collection must occur in accordance with a
schedule provided by FRANCHISEE and which has been approved by the City Manager, which
approval cannot be unreasonably withheld or delayed.
Section 9.18 End Uses for Green Waste. FRANCHISEE will use reasonable efforts to
divert from disposal all green waste materials collected through curbside collection, and through
holiday tree collections. FRANCHISEE will also use reasonable efforts to provide end uses for
green waste that maximize diversion credits for CITY in accordance with regulations established
by CalRecycle.
ARTICLE X. OPERATIONS
Section 10.01 Operations
A. Hours of Collection. FRANCHISEE's arrangements for collecting Solid Waste
must provide that collections cannot start before 7 a.m. or continue after 7 p.m.,
Monday through Friday, nor before 7 a.m. nor after 7 p.m. for collections on
Saturdays following holidays. This time may be extended occasionally in the
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event that collection is delayed due to unanticipated mechanical breakdown of
equipment, unanticipated illnesses of designated drivers, rain, flood, earthquake,
or other forces majeure beyond the reasonable control of FRANCHISEE. City
facility collections that are beyond three hundred (300) feet from residential areas
cannot start before 6 a.m. nor continue after 7 p.m., on any day, subject to
occasional extension for the same reasons set forth in the preceding sentence.
B. Collection on Holidays. Notwithstanding any other provision of this Agreement
to the contrary, collections need not occur if the regularly scheduled day of
collection on any route in CITY falls on a day on which a legal holiday is
observed by the landfill, transformation, materials recovery facility, or
Compostable Materials Handling Facility destination of the Solid Waste to be
collected by FRANCHISEE (presently New Year's Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day and Christmas Day). FRANCHISEE will
provide collection service on the day following the day on which the holiday is
observed. Regular collection days falling later in the same week must be delayed
one day, except that routes scheduled to be collected on a Friday following the
observation of a holiday must be collected on Saturday. Regular collection
schedules must be resumed the following week. FRANCHISEE must advertise
changes in its collection schedules in a newspaper of general circulation
adjudicated for CITY.
C. Schedules. FRANCHISEE must review annually with CITY its operation plan
outlining the collection routes, intervals of collection, and collection times for all
materials collected under this Agreement, upon 30 -days written notice by CITY
requesting such review. More frequent reviews may be required if operations are
not satisfactory, based on documented observations or reports of complaints. If
the plan is determined by CITY to be inadequate, FRANCHISEE must modify its
plan by incorporating changes into a revised plan and reviewing that revised plan
with CITY within 30 calendar days.
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Section 10.02 Residential Recycling Containers. Container Ownership and Maintenance
Responsibilities. FRANCHISEE is responsible for recycling container repair and maintenance,
graffiti removal, and replacing lost, stolen or damaged containers within five (5) business days at
no additional charge to CITY. FRANCHISEE may, however, charge the user for repairing or
replacing a container if the damage is due to the user's willful negligence or abuse. In no event
may this charge be greater than the FRANCHISEE's actual cost for replacement parts or a new
container, or $50. All containers provided under this Agreement are FRANCHISEE's property
and CITY may direct FRANCHISEE to remove the containers at the end of the Agreement at no
charge, should CITY so desire.
Section 10.03 Bins. FRANCHISEE must maintain its containers in a clean and sound
condition, free from putrescible residue. Containers must be equipped with reflectors or
reflective tape to enhance visibility. Containers must be constructed of heavy metal, or other
durable material, and must be watertight and well painted. Wheels, forklift slots, and other
appurtenances, which are designed for movement, loading, or unloading of the container, must
be maintained in good repair. FRANCHISEE must inspect, and if necessary, clean or replace all
containers once each year at no charge. FRANCHISEE must perform cleaning or replacement of
containers more frequently, if necessary, for an additional fee, to prevent a nuisance caused by
odors or vector harborage. CITY may request additional cleanings at price designated between
FRANCHISEE and CITY. FRANCHISEE must remove graffiti from any container within five
(5) business days of request by CITY or users. Each bin placed in CITY by FRANCHISEE must
have the name and phone number of FRANCHISEE in letters not less than three inches high on
the exterior of the container so as to be visible when the container is placed for use. Each
container must be labeled with a conspicuous warning: "Not to be used for the disposal of
hazardous, electronic or universal waste."
Section 10.04 Rolloff Boxes. FRANCHISEE must provide clean rolloff boxes, free from
graffiti and equipped with reflectors. FRANCHISEE must properly cover all open rolloff boxes
during transport to and from the disposal site.
Section 10.05 Litter Abatement
A. Minimization of Spills. FRANCHISEE must use due care to prevent solid waste or fluids
from leaking or being spilled or scattered during the collection or transportation process.
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If any solid waste or fluids leak, or are spilled during collection, FRANCHISEE must
promptly clean up those materials. Each collection vehicle must carry a broom, sand, and
shovel at all times for this purpose. FRANCHISEE may not, without CITY's prior
written consent, transfer loads from one vehicle to another on any public street, unless it
is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a
pre- approved method of solid waste transfer between vehicles.
B. Clean Up. During the collection or transportation process, FRANCHISEE must clean up
litter in the immediate vicinity of any solid waste storage or collection area under its
control or as a result of FRANCHISEE actions. If FRANCHISEE arrives at a residential
collection area with existing litter, FRANCHISEE must photo document the pre- existing
condition and report the condition to the City Manager, or designee. FRANCHISEE
must identify instances of repeated spillage caused by users and must report those
instances to the City Manager, or designee. CITY must attempt to rectify such situations
directly with the user, if FRANCHISEE has already attempted to do so without success.
Section 10.06 Personnel
A. FRANCHISEE must furnish qualified drivers, mechanical, supervisory, clerical,
management and other personnel as may be necessary to provide the services required by
this Agreement in a satisfactory, safe, economical, and efficient manner. All drivers must
be trained and qualified in the operation of vehicles they operate and must possess a valid
license, of the appropriate class, issued by the California Department of Motor Vehicles.
B. FRANCHISEE must establish and vigorously enforce an educational program to train
FRANCHISEE's employees in the identification of hazardous waste. FRANCHISEE's
employees must not knowingly place any hazardous waste in the collection vehicles, nor
knowingly dispose of any hazardous wastes at a processing facility or disposal site.
C. FRANCHISEE must train its employees in customer courtesy, prohibit the use of loud or
profane language, and instruct collection crews to perform all work quietly.
FRANCHISEE must use its best efforts to ensure that all employees present a neat
appearance and conduct themselves in a courteous manner. If any employee is found to
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be discourteous or not to be performing services in the manner required by this
Agreement, FRANCHISEE must take all necessary corrective measures including,
without limitation, transfer, discipline, or termination. If CITY notified FRANCHISEE
of a complaint related to discourteous or improper behavior, FRANCHISEE must
consider reassigning the employee to duties not involving contact with the public in
CITY of while FRANCHISEE is pursuing its investigation and corrective actions.
D. FRANCHISEE must provide suitable operations, health, and safety training for all of its
employees who use or operate equipment or who are otherwise directly involved in
collection or related operations.
Section 10.07 Identification Required. FRANCHISEE must provide its employees,
subsidiaries, and subcontractors with identification for all individuals who may have personal
contact with residents in CITY. FRANCHISEE must provide a list of current employees,
subsidiaries, and subcontractors to the City Manager, or designee, upon request.
A. CITY may, at its sole discretion, conduct through law enforcement agencies a security
and identification check of FRANCHISEE, and its present and future employees, in
accordance with accepted procedures established by CITY.
Section 10.08 Fees and Gratuities. FRANCHISEE may not, nor may it permit any agent,
employee, or subcontractor employed by it, to request, solicit, demand, or accept, either directly
or indirectly, any compensation or gratuity for the collection, transportation, recycling,
processing, or disposal of solid waste other than FRANCHISEE compensation that is normally
paid.
Section 10.09 Non - Discrimination. FRANCHISEE may not discriminate in the provision of
service or the employment of persons engaged in the performance of this Agreement on account
of race, color, religion, sex, age, physical handicap or medical condition in violation of any
applicable federal or state law, except to the extent that any physical handicap or medical
condition directly affects the ability of an employee to carry out the essential functions of his or
her employment as provided by applicable federal or state law.
Section 10.10 Change in Collection Schedule. FRANCHISEE must notify CITY 45 days
before, and residential accounts not later than 14 days before, any change in collection operations
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that results in a change in the day on which residential solid waste collection occurs.
FRANCHISEE cannot allow any customer to be without service for more than 7 calendar days in
connection with a collection schedule change. CITY's approval of any change in residential
collection is required before such change. This approval cannot be unreasonably withheld.
A. Any changes in the route map or collection schedule require the prior approval of the City
Manager, or designee. CITY may request changes in the route map or collection
schedule to improve service, to resolve complaints, or for other reasons, and
FRANCHISEE agrees to implement such requests unless such requests unreasonably
interfere with the orderly and economical provision of services as provided in this
Agreement. In the event of any disagreements, CITY and FRANCHISEE agree to meet
and confer in good faith in an attempt to resolve such disagreements. Route maps to be
submitted with the Annual Report.
Section 10.11 Report of Accumulation of Solid Waste; Unauthorized Dumping.
FRANCHISEE must direct its drivers to note the addresses of any premises at which they
observe that solid waste is accumulating and is not being delivered for collection, and the
address, or other location description, at which solid waste has been dumped in an apparently
unauthorized manner. FRANCHISEE must deliver the address or description to CITY within
five working days of such observation. FRANCHISEE must cooperate with City in the
investigation and prosecution of any violations of the ESMC.
Section 10.12 Transportation of Solid Waste. FRANCHISEE must transport all Solid Waste
collected in CITY to a properly permitted transfer station, MRF, transformation facility, or
disposal site. In addition, CITY may designate the use of a particular transfer station, MRF,
transformation facility, or disposal site. FRANCHISEE agrees to make commercially reasonable
efforts to divert single stream Recyclable Materials, source - separated Recyclable Materials, and
green waste from landfill disposal to such locations designated by CITY. However,
FRANCHISEE is entitled to reimbursement by CITY, or to increase rates, to reflect any
increased costs arising from CITY's designation of a transfer station, MRF, transformation
facility, or disposal site other than a site proposed by FRANCHISEE.
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A. FRANCHISEE must maintain complete, accurate and up -to -date records of the quantities
of solid waste transported to the transfer station, MRF, transformation facility or disposal
site and must cooperate with CITY in any audits or investigations of those quantities.
Section 10.13 Disposal of Solid Waste and Processing Facilities. FRANCHISEE must
ensure that all Solid Waste collected under pursuant to this Agreement is disposed of at a
permitted disposal site.
A. FRANCHISEE designates the American Waste Transfer Station or Falcon Refuse Center
as the primary Designated Disposal Sites. FRANCHISEE covenants that it will use its
commercially reasonable best efforts to determine whether landfills to be utilized by
Designated Disposal Sites are properly permitted, are classified as a Class 3 landfill
(permitted to receive only municipal Solid Waste), are in compliance with all Applicable
Law, and are not on or being considered for inclusion on a State or federal Superfund list,
or CalRecycle list of Solid Waste facilities failing to meet State minimum standards.
Except as otherwise set forth in this Agreement, FRANCHISEE must dispose of all Solid
Waste collected in CITY at the Designated Disposal Sites, at Franchisee's expense and in
accordance with all Applicable Law.
B. FRANCHISEE designates the American Waste Transfer Station as the Designated
Recycling Facility. FRANCHISEE covenants that the Designated Recycling Facility is
properly permitted and in compliance with all Applicable Law. FRANCHISEE must
deliver all Recyclable Materials collected in CITY to the Designated Recycling Facility
for processing or transfer to a permitted processing facility, at FRANCHISEE's expense
and in accordance with all Applicable Law. FRANCHISEE must ensure that, after
Processing, residue material cannot exceed the amount permitted by Applicable Law.
FRANCHISEE must ensure that Recyclable Materials are used in a manner that is
classified as Diversion pursuant to applicable California law. Franchisee must contact
CITY if changes in the recycling facility designation are made.
C. FRANCHISEE designates the American Waste Transfer Station and Falcon Refuse
Center as the Designated Green Waste Facilities. FRANCHISEE covenants that these
facilities are properly permitted for the composting of Green Waste, and are in
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compliance with all Applicable Law. FRANCHISEE must deliver all Green Waste
collected in CITY to the Designated Green Waste Facilities for processing or transfer to a
permitted facility. If any such delivery to the Designated Green Waste Facilities would
not result in CITY receiving credit in calculating its Diversion Rate for having diverted
the Green Waste from Disposal in a landfill or transformation facility, another facility
must be selected. FRANCHISEE must ensure that Green Waste is processed in
accordance with Applicable Law, and used in a manner that is classified as Diversion.
D. FRANCHISEE must use its commercially reasonable best efforts to ensure that the
Designated Disposal Sites, Designated Recycling Facility, and Designated Green Waste
Facilities are properly permitted and in compliance with Applicable Law at all times
during the term. FRANCHISEE must immediately inform the City Manager in writing in
the event of any non - compliance, and CITY, in its sole discretion, has the right to require
the use of a different Disposal or Processing Facility, to be selected by FRANCHISEE.
The City Council may also, in its sole discretion, require the use of a different site at any
time during the term if the Designated Disposal Site, Recycling Facilities, or Green Waste
Facility (as the case may be) is found to not be in compliance with the provisions of this
Section and City Council reasonably determines, after written notice to FRANCHISEE
and the opportunity for a hearing if requested, that the Designated Disposal Site,
Recycling Facilities, or Green Waste Facility (as the case may be) is not acceptable due to
a failure to materially comply with the terms of this Agreement or a finding by State or
federal regulatory agencies that it is not in material compliance with Applicable Law,
including the Environmental Laws, and is unable to accept City's Solid Waste, Green
Waste or Recyclable Materials (as the case may be). Under no circumstances, however,
can a change in one or more of the Designated Disposal Site, Recycling Facilities, or
Green Waste Facility due to a failure of compliance as set forth above provide a basis for
an increase in the Rates.
Section 10.14 Annual Route Audit. At least once annually, FRANCHISEE must conduct an
internal audit of its collection routes in CITY. The annual route audit must be prepared in form
and content reasonably acceptable to the City Manager, or designee, and must include the truck
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identity, number and size of containers, and the weight of the solid waste delivered to the transfer
station or disposal site. Results of the annual route audit will be available for review by CITY.
Section 10.15 Service Description. Franchisee must, within 15 days before the effective
date of a service change, prepare and distribute, subject to the direction of CITY, a notice to each
account setting forth the annual holiday schedule, recycling programs offered, and a general
summary of services required to be provided under this Agreement and optional services that
may be furnished by FRANCHISEE. This notice must be in a form that is subject to the
reasonable approval of the City Manager before its distribution. The notice may also be included
as part of FRANCHISEE's public education plan.
Section 10.16 Scavenging - Discouragement. FRANCHISEE will take whatever reasonable
actions that are commercially practicable (e.g., actions seeking to enjoin organized scavengers)
which may be appropriate and effective to discourage scavenging of Recyclable Solid Waste
from the Solid Waste Stream.
Section 10.17 Public Awareness Programs. FRANCHISEE will develop and implement a
"Promotional Plan" for the Solid Waste and recycling programs, with goals, strategies and
timetables (at no additional cost to CITY or Customers). At a minimum, the Promotional Plan
must include the following:
A. Information regarding to CITY's requirements under the Act, Bulky Goods pick -ups,
Drop -off programs, and the importance of the safe disposal of Household Hazardous
Waste and Holiday programs.
B. FRANCHISEE will provide and distribute literature in the form of newsletters, fliers,
door hangers, cards, stickers or otherwise as FRANCHISEE determines to be most
effective. All material to be reviewed by CITY in advance of publication and must be
written in English.
C. Newsletters must be published twice during the first year, and annually thereafter, with
the information set forth above, in accordance with Exhibit B ( "Scope of Work ").
Newsletter must be published in English. All material to be reviewed by CITY in
advance of publication.
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D. Distribution of a newsletter within seven days to any new customer.
E. Other promotional activities to achieve the goals of this Agreement, including
participation in local activities, cleanup days, parades and civic events including, without
limitation, those listed in the Scope of Work, which is incorporated by reference.
Section 10.18 Change in Size or Number of Containers. By written or telephonic request
Customers may request to exchange Recycling Containers without charge for different sizes, add
extra Containers or reduce the number of their Containers. FRANCHISEE must exchange,
deliver and /or remove Container(s) in accordance with Customers' requests.
Section 10.19 Cleaning, Painting, Maintenance. FRANCHISEE agrees to clean (including
steam cleaning) and repaint, at its cost, all bins at City Facility locations upon CITY's request
without charge once per year. All containers must be maintained in a functional condition.
Section 10.20 FRANCHISEE must repaint and relabel, to the extent necessary, any bin
which is impacted by graffiti within two (2) business days after FRANCHISEE receives notice
of any such graffiti.
ARTICLE XI. COLLECTION EQUIPMENT
Section 11.01 FRANCHISEE warrants that it will provide adequate numbers of vehicles and
equipment, as described in its proposal, for the collection, transportation, recycling and disposal
services for which it is responsible under this Agreement. FRANCHISEE must comply with
ESMC Chapter 7 -2 regulating noise. FRANCHISEE must submit to CITY, a certificate of
vehicle noise level testing by an independent testing entity of any collection vehicles used by
FRANCHISEE in CITY's jurisdiction which has been the subject of more than one noise
complaint within any twelve (12) month period.
Section 11.02 FRANCHISEE warrants that it will comply with all measures and procedures
promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its
equipment.
Section 11.03 FRANCHISEE agrees to use its best efforts to prevent damage to private
streets over which its collection equipment may be operated, to obtain all required approvals for
operation of its collection vehicles on private streets.
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ARTICLE XII. PRIVACY
Section 12.01 General. Information identifying individuals, or the composition or contents
of a service recipient's Solid Waste must not be revealed to any person, governmental unit,
private agency or FRANCHISEE, unless upon the authority of a court of law, by statute, or upon
valid authorization of the service recipient. This provision will not be construed to preclude
FRANCHISEE from preparing, participating in, or assisting in the preparation of waste
characterization studies or waste stream analyses which may be required by the Act, or preparing
and distributing public awareness materials to customers.
Section 12.02 Privacy Rights Cumulative. The rights accorded customers pursuant to this
Section are in addition to any other privacy rights accorded customers pursuant to federal or state
law.
ARTICLE XIII. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS
Section 13.01 Failure or Refusal to Collect. When Solid Waste is not collected from any
Solid Waste Service Recipient, FRANCHISEE must notify that Service Recipient in writing, at
the time collection is not made, by use of a tag or otherwise, why the collection was not made.
Section 13.02 Hazardous Waste Reporting. FRANCHISEE reserves the right and has the
duty under law, to inspect Solid Waste put out for collection and to reject Solid Waste observed
to be contaminated with Hazardous Waste. Should FRANCHISEE find or observe reportable
quantities of Hazardous Waste put out for collection with Solid Waste, FRANCHISEE must
notify all agencies with jurisdiction, including the California Department of Toxic Substances
Control and Local Emergency Response Providers and, if appropriate, the National Response
Center, of reportable quantities of Hazardous Waste, found or observed in solid waste observed
or collected anywhere within CITY's jurisdiction. In addition to other required notifications, if
FRANCHISEE observes any substances which it or its employees reasonably believe or suspect
to contain Hazardous Wastes unlawfully disposed of or released on CITY property, including
storm drains, streets or other public rights of way, FRANCHISEE must immediately notify
CITY Manager, or designee. CITY in cooperation with FRANCHISEE will determine the
method of disposal in accordance with applicable including, without limitation, the Act.
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Section 13.03 Hazardous Waste Diversion Records. FRANCHISEE must maintain records
showing the types and quantities, if any, of Hazardous Waste found in Solid Waste and which
was inadvertently collected from customers within CITY, but diverted from landfills.
ARTICLE XIV. CUSTOMER SERVICE
Section 14.01 Office Hours. FRANCHISEE agrees to have office hours from 8:00 a.m. to
5:00 p.m. daily, except Saturdays, Sundays and holidays. In addition, FRANCHISEE 's
employees must be reachable by telephone for emergencies. At FRANCHISEE 's expense, its
regular telephone numbers must be listed in El Segundo area telephone directories under both
FRANCHISEE 's name and CITY's name. FRANCHISEE must have the capability of
responding to Customers in English, and Spanish where reasonably necessary for communication
with customers. In the event that there are Customers who are able to communicate only in other
languages, CITY and FRANCHISEE will work cooperatively together to attempt to identify
reasonably available third -party resources; however, FRANCHISEE is not obligated to incur any
financial obligation to provide services in such other languages.
Section 14.02 Emergency Telephone Number. FRANCHISEE must maintain an emergency
telephone number for use outside normal business hours. FRANCHISEE must have a
representative, or an answering or call - forwarding service to enable customers to contact such
representative, during all hours other than normal office hours. At FRANCHISEE 's expense,
the emergency telephone number must be listed in El Segundo -area telephone directories under
both FRANCHISEE 's name and CITY's name. FRANCHISEE must be able to respond to
emergency calls in English, Spanish, and Telecommunications Device for the Deaf Service
necessary for emergency communication with customers. FRANCHISEE must also provide
CITY with an emergency contact list that need not be published, but will allow CITY's
representatives to contact FRANCHISEE's representatives in an emergency including, without
limitation, events such as fallen trees, flooding and vehicle accidents.
Section 14.03 Service Complaints. CITY and FRANCHISEE agree that the protection of
public health, safety and well -being require that service complaints be acted on promptly and
that a record be maintained in order to permit CITY and FRANCHISEE to identify potential
public health and safety problems. Accordingly, FRANCHISEE must inform all Solid Waste
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Customers that all service recipient complaints be directed to FRANCHISEE. During office
hours, FRANCHISEE must maintain a complaint service and a telephone answering system
capable of accepting at least five (5) incoming calls at one time. FRANCHISEE must record all
complaints, including date, time, complainant's name and address (if the complainant is willing
to give this information) and the nature and date and manner of resolution of complaint, in a
computerized daily Service Complaint Log. Any such calls received via FRANCHISEE 's
answering service must be recorded in the log and responded to within twenty -four (24) hours.
The Service Complaint Log must be available for review by CITY representatives during
FRANCHISEE 's office hours and be available for transmission as an attachment to e -mail.
FRANCHISEE must provide a copy of this Service Complaint Log on computer disc to CITY
with the Quarterly Reports.
Section 14.04 In the case of a complaint of a missed collection, FRANCHISEE must make
the collection on the date of the call if the call is received before 3:00 p.m. and on the next
collection day if the complaint is received after 3:00 p.m.
A. Residential Service. When notified of a missed pick -up before 3:00 p.m., FRANCHISEE
must collect the Solid Waste or recyclable materials that same day. If notified after 3:00
p.m., FRANCHISEE must collect the solid waste no later than the next day.
B. City Facility Services. When notified of a missed pick -up before 3:00 p.m.,
FRANCHISEE must collect the Solid Waste or recyclable materials that same day, except
in cases where access to containers is blocked on the customer's property. Otherwise,
FRANCHISEE must collect the solid waste no later than the next day.
Section 14.05 Complaint Documentation. All service complaints must be directed to
FRANCHISEE. Daily logs of complaints concerning collection of solid waste must be retained
for a minimum of 24 months and must be available to CITY at all times upon request.
Section 14.06 FRANCHISEE must log all complaints received by telephone. This log must
include the date and time the complaint was received, name, address and telephone number of
caller, description of complaint, employee recording complaint, and the action taken by
FRANCHISEE to respond to and remedy complaint. All written customer complaints and
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inquiries must be date - stamped when received. All complaints must be initially responded to
within one business day of receipt. FRANCHISEE must log action taken by FRANCHISEE to
respond to and remedy all complaints.
Section 14.07 All customer service records and logs kept by FRANCHISEE will be
available to CITY upon request and at no cost to CITY. CITY must, at any time during regular
FRANCHISEE business hours, have access to FRANCHISEE's customer service department for
purposes that may include monitoring the quality of customer service or researching customer
complaints.
Section 14.08 Resolution of Customer Complaints
A. Disputes between FRANCHISEE and its customers regarding the services provided under
this Agreement may be resolved by the City Manager, or designee.
B. Intervention by CITY is not a condition precedent to any rights or remedies third parties
might otherwise have in any dispute with FRANCHISEE. Nothing in this section is
intended to affect the remedies of third parties against FRANCHISEE.
Section 14.09 Government Liaison. FRANCHISEE must designate in writing a
"Government Liaison" who is responsible for working with CITY's designated representatives to
resolve customer complaints. CITY may approve FRANCHISEE's choice of a liaison.
Section 14.10 The parties agree that failure of FRANCHISEE to timely provide the services
set forth in this Article constitutes a default. The parties agree that this default will result in
damage and injury to CITY. The parties further agree, however, that actual damages incurred by
CITY as result of such default is difficult if not impossible to ascertain with any degree of
certainty or accuracy. Accordingly, the parties have negotiated and have agreed that for each
calendar day after written notice is delivered to Contractor and Contractor fails to cure such
default, that CONTRACTOR will pay CITY, as and for liquidated damages, and not as a
penalty, the sum of one hundred dollars ($100).
ARTICLE XV. EMERGENCY SERVICE
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I. It
Section 15.01 CITY may contract with another solid waste enterprise to collect and transport
Solid Waste in the event FRANCHISEE for any reason (except as provided below regarding
Force Majeure) refuses or is unable to collect Solid Waste for a period of more than forty -eight
(48) hours. CITY must provide twenty -four (24) hours prior written notice to FRANCHISEE
during such time before contracting with another solid waste enterprise. In such event
FRANCHISEE must identify sources from which such substitute solid waste services are
immediately available and reimburse CITY for all of its expenses for such substitute services
during period in which FRANCHISEE does not provide collection and transportation services
required by this Agreement.
Section 15.02 FRANCHISEE must assist City in the event of major disaster, such as an
earthquake, storm, tidal wave (tsunami) riot or civil disturbance, or acts of terrorism, by
providing collection vehicles and drivers normally assigned to CITY (to the extent reasonably
possible under the circumstances), at FRANCHISEE 's actual costs. Disputes with respect to
FRANCHISEE 's emergency services or the costs of those services must be resolved according
to the dispute resolution provisions in this Agreement. FRANCHISEE must cooperate with
CITY, county, state and federal officials in filing information related to a regional, state or
federally - declared state of emergency or disaster as to which FRANCHISEE has provided
equipment and drivers pursuant to this Agreement.
Section 15.03 Fees and Gratuities. FRANCHISEE must not permit any officer, agent or
employee to request, solicit, demand or accept, either directly or indirectly, any gratuity for
collecting Solid Waste otherwise required to be collected under this Agreement.
ARTICLE XVI. OWNERSHIP OF SOLID WASTE
Section 16.01 Ownership and the right to possession of Solid Waste placed for collection
transfers directly from the service recipient to FRANCHISEE, by operation of law and not by
virtue of this Agreement. At no time does CITY obtain any right of ownership or possession of
Solid Waste or Hazardous Waste placed for collection and nothing in this Agreement may be
construed as giving rise to any inference that CITY has any such rights.
ARTICLE XVII. RATES AND BILLING
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Section 17.01 Rates. FRANCHISEE will bill the CITY on a monthly basis within ten
business days following the end of each month, at the rates set forth in Exhibit C to this
Agreement. CITY will remit payment to FRANCHISEE within 30 days of receiving such
invoices.
Section 17.02 Refunds. FRANCHISEE must refund to CITY, on a pro rata basis, any
advance service payments made by CITY for service not yet provided when service is
discontinued by the CITY.
ARTICLE XVIII. FUTURE ADJUSTMENTS
Section 18.01 FRANCHISEE must submit any and all data requested in the format
prescribed by the City Manager, or designee. The City Manager, or designee, may review the
information submitted by FRANCHISEE and, in the City Manager's reasonable judgment, make
the final determination on the appropriate amount of the adjustment, if any. A requested
adjustment cannot be denied in the case of changed or additional services requested by CITY,
additional reporting required by CITY, CITY's designation of a disposal site or processing
facility, any change in the ESMC affecting FRANCHISEE's operations, or changes in state or
local government solid waste fees and charges. Any such rate adjustment approved by the City
Manager becomes effective on October 1. An adverse decision by the City Manager may be
appealed to the City Council.
ARTICLE XIX. FRANCHISEE'S BOOKS AND RECORDS; AUDITS
Section 19.01 In addition to the requirements in ESMC Chapter 5 -2, FRANCHISEE must
maintain all records relating to this Agreement not less than three (3) years, or any longer period
required by law.
ARTICLE XX. THE ACT; REPORTING REQUIREMENTS
Section 20.01 FRANCHISEE -CITY Cooperation. FRANCHISEE must cooperate with
CITY in Solid Waste Disposal Characterization Studies and waste stream audits and must
implement measures adequate to achieve CITY's source reduction, recycling and waste stream
diversion goals for the Solid Waste stream covered by this Agreement. During the period during
which collection services are to be provided pursuant to this Agreement, FRANCHISEE, at no
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expense to CITY, must submit all relevant information and reports required to meet the reporting
obligations imposed by the CalRecycle under the Act. FRANCHISEE agrees to submit such
reports and information by email or on computer discs, in a format acceptable to CITY at no
additional charge, if requested by CITY.
Section 20.02 Changes in the Act, RCRA, CERCLA and Related Laws. This Agreement is
part of CITY's efforts to comply with the provisions of the Act and CITY's Source Reduction
and Recycling Component. Should the Act or other state or federal laws or regulations enacted
or amended after this Agreement is executed, prevent or preclude compliance with one or more
provisions of this Agreement, or significantly increase FRANCHISEE 's costs, such provisions
of this Agreement will be modified or suspended as may be necessary to comply with such state
or federal laws or regulations. Should an amendment to the laws have the effect of eliminating
or reducing the need for a service provided for in this Agreement and CITY informs
FRANCHISEE that CITY seeks to discontinue the service, CITY and FRANCHISEE will
negotiate a reduction in rates.
Section 20.03 Changes in Other Laws. In the case of changes in Environmental Laws,
which increase the cost of FRANCHISEE 's service, FRANCHISEE may seek a rate increase to
offset the costs directly attributable to the amended or newly enacted provision of law or
regulations, specifying, in writing, the law to which the additional costs are attributed, and how
they would result in increased costs.
ARTICLE XXI. ACTIVITIES AND FINANCIAL REPORTS; ADVERSE INFORMATION
Section 21.01 Reports. FRANCHISEE, at no additional expense, must submit to CITY such
information or reports in such forms and at such times as CITY reasonably may request or
require, including, without limitation the reports set forth below beginning with the month of
November 1, 2011.
Section 21.02 Quarterly Reports. Quarterly Reports must be submitted to CITY, transmitted
in a format acceptable to City, as an attachment to e -mail or by disc, at City's option. Quarterly
Reports must be submitted not later than thirty (30) days after the quarter ends and include the
following:
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A. Solid Waste Tonnage and Complaints. The quarterly report must show the number of
tons collected each month and the tonnage delivered to disposal facilities, itemized by
disposal facility. A copy of the customer complaint log must be submitted with the
quarterly report.
B. Recyclable Solid Waste. The quarterly report must include information regarding
recyclable solid waste including:
1. A statement showing, by type of material, tons received during the month and tons
marketed during each month.
2. A report providing recycling information.
3. A narrative description of problems encountered and actions taken, including efforts to
deter and prevent Scavenging. This is to include a description of tons rejected for sale
after processing (type of material, tonnage), reason for rejection and FRANCHISEE 's
disposal method for the rejected materials.
4. A report of recycling program promotional activities, including materials distributed by
FRANCHISEE to its customers.
C. Hazardous Waste Diversion Reports. The quarterly report must include a copy or
summary of the records as required herein for hazardous waste diversion.
Section 21.03 Annual Report. By March 1, beginning in 2013 and each year thereafter that
collection services are provided pursuant to this Agreement, FRANCHISEE must submit to
CITY a written year -end Annual Report in a form approved by CITY. The Annual Report must
include the following information for the year ending on the preceding December 31 st:
A. General Information. General information about FRANCHISEE , including a list of
FRANCHISEE 's officers and members of its board of directors. A copy of
FRANCHISEE 's most recent annual and other periodic financial reports and those of
each of its subsidiaries and affiliated corporations and other entities if any, performing
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services under this Agreement, which are required to be publicly filed under applicable
law, as CITY, following consultation with FRANCHISEE, may request.
B. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information
and statistics with respect to CITY's compliance with the Act.
C. Recommendations. Changes in integrated waste management, including projections and
proposed implementation dates and costs, recommended by FRANCHISEE and
recommended amendments to CITY's Source Reduction and Recycling Component or
this Agreement, based on developments in applicable law or technology. FRANCHISEE
is recommendations with respect to compliance with the Act must state the specific
requirement of the Act that the implementation of the recommendation is intended to
satisfy.
Section 21.04 Certification. All reports must include a certification statement, under penalty
of perjury, by the responsible corporate official, that the report is true and correct.
Section 21.05 Reporting Additional Matters. FRANCHISEE must provide CITY two copies
(one to CITY Manager, one to CITY Attorney) of all written reports, pleadings, applications,
written notifications, Notices of Violation, communications or other material relating specifically
to FRANCHISEE 's performance of services pursuant to this Agreement, submitted by
FRANCHISEE to, or received by FRANCHISEE from, the United States or California
Environmental Protection Agency, the California Integrated Waste Management Board, the
Securities and Exchange Commission or any other federal, state or county agency, including any
federal or state court. Copies must be submitted to City simultaneously with FRANCHISEE 's
filing or submission of such matters with said agencies. FRANCHISEE 's routine
correspondence to said agencies need not be routinely submitted to City, but must be made
available to City upon written request.
Section 21.06 Failure to Report. The refusal or failure of FRANCHISEE to file any required
reports; to provide required information to CITY; or the inclusion of any materially false or
misleading statement or representation by FRANCHISEE in such report is a material breach of
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i ��
this Agreement and subjects FRANCHISEE to all remedies which are available to the CITY
under this Agreement.
Section 21.07 CITY's Review of FRANCHISEE 's Performance. Annually, within other
days of CITY's receipt of the Annual Report, CITY will review the Annual Report amine whether
available information and may, but is not required to, hold a public hearing
FRANCHISEE's performance for the year reported on was satisfactory and whether
er eth to in the
implement changes, if any, recommended by FRANCHISEE. Factors to be co
hearing include, without limitation, quality of services provided, service recipient complaints,
rights of privacy, FRANCHISEE 's adherence to developments in the law,
FRANCHISEE's
performance in meeting or exceeding CITY's goals and reporting requirements under the Act
and costs. The reports required by this Agreement will be utilized as the primary basis for
review. In addition, any service recipient comments or complaints and any other relevant
information may be considered. FRANCHISEE must be present and must participate at any
public hearing held by CITY to review FRANCHISEE's performance. If any noncompliance
with the Agreement is found, CITY will offer FRANCHISEE the opportunity to comment and offer information in rebuttal, and to correct any deficiencies. CITY may direct FRANCHISEE to
correct any inadequacies and CITY may pursue all other legal and equitable remedies.
Section 21.08 Costs. All reports and records required under this Agreement must be
furnished at FRANCHISEE's sole expense.
Section 21.09 CITY's Right to Request Information. CITY believes and FRANCHISEE
agrees that cooperation between CITY and FRANCHISEE is critical to the success of this
program. CITY may request, and FRANCHISEE agrees to provide, additional information
reasonably and directly pertaining to this Agreement on an "as- needed" basis.
Section 21.10 CERCLA Defense Records. CITY views the ability to defend against
CERCLA and related litigation as a matter of great importance. For this reason,
the CITY
regards the ability to prove where its solid waste was taken, as well as where it was not taken, to
be matters of concern. FRANCHISEE must maintain data retention and preservation systems,
which can establish where solid waste collected in the CITY was landfilled (and therefore
establish where it was not landfilled) and a copy or summary of the reports required, for fifty
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. U �'
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, SEPTEMBER 20, 2011 — 5:00 P.M.
Next Resolution # 4732
Next Ordinance # 1464
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
1
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sec.) 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): -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
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
2. Represented Group: City Employees Association (CEA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
2 t'U9-
3. Represented Group: Firefighters Association (FFA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
4. Represented Group: Police Officers Association (POA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
5. Represented Group: Police Managers Association (PMA)
Negotiators: Doug Willmore, City Manager
Deborah Cullen, Finance Director
Richard Kreisler
6. 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
UU�
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, SEPTEMBER 20, 2011 - 7:00 P.M.
Next Resolution # 4732
Next Ordinance # 1464
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Bishop Jim Hepworth, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
4 0104
PRESENTATIONS
(a) Proclamation proclaiming the week of October 9 through October 15, 2011 as
Fire Prevention Week.
(b) Proclamation proclaiming the observance of the 35th Annual Richmond Street
Fair from 9:00 a.m. to 5:00 p.m., Saturday, September 24, 2011.
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 (Continued Public Hearing) regarding
the Fiscal Year 2011 -2012 Budget (including all City Revenues and
Expenditures), Five -Year Capital Improvement Plan and Adoption of
Resolutions approving Appropriation Limit, Preliminary Budget as
amended. (Copies of the Fiscal Year 2011 -2012 Preliminary Budget can be
found in the Library, City Clerk's office, and on the City's website.) (Fiscal
Impact $109,848,900 in total appropriations; $97,672,000 in total estimated
revenues and prior year designations of $12,176,900.)
1. Continue Public Hearing and receive public testimony. Adopt the Resolution
approving and adopting the Fiscal Year 2011 -2012 Operating Budget and the
Five -Year Capital Improvement Budget.
2. Incorporate "Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions
in all Funds" into the Adopted Budget AND DEPOSIT ANY FISCAL YEAR 2010-
2011 General Fund savings into the Economic Uncertainty Fund in fiscal year
2011 -2012 once the fiscal year 2010 -2011 audit is complete.
3. Adopt the Resolution approving and adopting the Appropriations Limit for fiscal
year 2011 -2012, as presented.
4. Alternatively, discuss and take other action related to this item.
�~ r
1
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.
2. Warrant Numbers 2584024 to 2584172 on Register No. 23 in the total
amount of $327,719.95 and Wire Transfers from 8/26/11 through 9/8/11 in
the total amount of $798,099.58.
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 September 6, 2011 and Special
City Council Meeting Minutes of August 31, 2011.
Recommendation — Approval.
4. Consideration and possible action regarding a 2 -year approval to waive
fees for recurring City co- sponsored annual Special Events, in which the
City provides support services and /or facilities at no cost to the organizing
group. (Fiscal Impact: $122,480 over 2 years)
(1) Approve the fee waiver request for the total amount of $61,240 each year, for
a total of $122,480; (2) Alternatively, discuss and take other possible action
related to this item.
5. Consideration and possible action regarding a request from the Gardena
Municipal Bus Lines to modify Line 5 to include five new bus stops within
the City of El Segundo and affix signage accordingly. (Fiscal Impact: None)
(1) Adopt a resolution for establishing new bus stops for Gardena Municipal Bus
Lines per California Vehicle Code § 22500(i) and El Segundo Municipal Code §
8- 5 -3(D); (2) Approve the request to allow the Gardena Municipal Bus Lines to
make additional bus stops in the City of El Segundo and affix the appropriate
signage at each stop; (3) Alternatively, discuss and take other possible action
related to this item.
6 U0 6
6. Consideration and possible action to (1) accept a donation from El
Segundo resident Craig Zinn, Jr. to build a new storage unit at the Joslyn
Center at Recreation Park for his Boy Scout Eagle Project; (2) adopt a
Resolution to approve the plan for the project; (3) authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian
in a form approved by the City Attorney. (Fiscal Impact: Approximately
$1200.00 of facility improvements)
(1) Approve the acceptance of a donation from Craig Zinn, Jr.; (2) Adopt a
Resolution that includes approval of the project's plan; (3) Authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian, in a
form approved by the City Attorney; (4) Alternatively, discuss and take other
possible action related to this item.
7. Consideration and possible action to authorize the City Manager to renew a
five -year Parks License Agreement with Southern California Edison (SCE).
The agreement is for the City to continue to maintain and operate SCE's
property as City parks along Washington Street between Walnut and
Mariposa Avenues and along Illinois Street between Mariposa and Holly
Avenues (Fiscal Impact: FY 11/12 $1,733 or $8,665 for five years
(1) Authorize the City Manager to execute a five -year Parks License Agreement
with SCE in a form approved by the City Attorney in the amount not to exceed
$1,733 per year or $8,665 for five years; (2) Alternatively, discuss and take other
possible action related to this item.
8. Consideration and possible action regarding a request for a new Alcoholic
Beverage Control (ABC) license for on -site sale and consumption of
alcohol (Type 41 — On -Sale Beer and Wine) at a new bakery and cafe
located at 131 West Grand Avenue, Suite A (Schat's Bakery Cafe), EA No.
933 for AUP No 11 -08 Applicant: David Schat (Fiscal Impact: N /A)
(1) Receive and file this report without objecting to the modification of a Type 41
ABC license at 131 West Grand Avenue, Suite A; (2) Alternatively, discuss and
take other possible action related to this item.
9. Consideration and possible action regarding a request for an Alcoholic
Beverage Control (ABC) license for the on -site sale and consumption of
alcohol for a new restaurant within the Hyatt Place Hotel (Type 47 On -sale
General for Bona Fide Public Eating Place) located at 750 North Nash
Street Applicant: Michael Gallen, OTO Development (Fiscal Impact: N /A)
(1) Receive and file this report without objecting to the modification of a Type 47
ABC license (On -sale General for Bona Fide Public Eating Place) for a new
restaurant within a hotel at 750 North Nash Street; (2) Alternatively, discuss and
take other possible action related to this item.
Wi
7 ��U
10. Consideration and possible action regarding 1) Approval of a new Class
Specification for the at -will position of Economic Development Analyst; 2)
Adoption of a Resolution establishing the basic monthly salary range for
Economic Development Analyst; and 3) Introduction of an Ordinance
amending El Segundo Municipal Code § 1 -6-4 Regarding Exclusions.
(Fiscal Impact: $133,613.22 included in FY 2011/12 Budget)
(1) Approve the proposed Class Specification for Economic Development
Analyst; (2) Adopt the Resolution establishing the Basic Monthly Salary Range
for the job classification of Economic Development Analyst; (3) Introduce and
Waive the First Reading of the Ordinance; (4) Alternatively, discuss and take
other possible action related to this item.
11. Consideration and possible action regarding approval of ongoing
professional service agreements and blanket purchase orders for FY 2011-
2012 in excess of $25,000 for various departments; and possible action to
waive the formal bidding process and authorize the continued purchase of
various goods and services as described below. (Fiscal Impact: General
Fund $1,578,094; Assets Forfeiture Fund $13,000; Prop "A" Fund $31,000;
Water Fund $114,000; Sewer Fund $88,000; Golf Course Fund $108,000;
Workers' Compensation Fund $92,140)
(1) Authorize the City Manager to extend ongoing service agreements with Baker
& Taylor Information Services for supplying books and other library materials,
and issuance of blanket purchase order not to exceed $64,000 (General Fund).
(2) Authorize the City Manager to extend contract #2235 to Innovative Interfaces,
Inc., for library computer network system maintenance and issuance of blanket
purchase order not to exceed $30,000 (General Fund).
(3) Authorize the City Manager to extend ongoing service agreements with J. Lee
Engineering to provide plan check and inspection consulting services for the
Building and Safety Division not to exceed $150,000 (General Fund).
(4) Authorize the City Manager to extend ongoing service agreements with JAS
to provide plan check and inspection consulting services for the Building and
Safety Division not to exceed $100,000 (General Fund).
(5) Authorize the City Manager to extend ongoing service agreements with
Scanning Services Corporation. Scanning Services Corporation scans and
inputs data into the City's document imaging system not to exceed $35,000
(General Fund).
(6) Authorize the City Manager to extend ongoing service agreements with
Willdan Engineering Services to provide professional planning consulting and
engineering services to the City not to exceed $30,000 (General Fund).
(7) Authorize the City Manager to extend ongoing service agreements with U.S.
HealthWorks to provide an extremely cost effective method of delivery of pre-
employment and occupational medical services not to exceed $45,000 (General
Fund).
8 t_ u 8
(8) Authorize the City Manager to extend ongoing service agreements with
Westchester Medical Group /Center for Heart and Health to provide annual safety
employees fitness for duty and executive physical examinations not to exceed
$70,000 (General Fund).
(9) Authorize the City Manager to extend ongoing service agreement with York
Risk Services Group to administer workers' compensation claims not to exceed
$92,140 in FY 11 -12 (Workers' Compensation Fund)
(10) Authorize the El Segundo Fire Department to waive the bidding process per
El Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical
supplies, and piggyback on the City of Redondo Beach's Bound Tree Medical,
Inc. ( "Bound Tree ") Bid #1011 -023, and authorize issuance of a blanket purchase
order to Bound Tree for FY 11 -12 for medical and pharmaceutical supplies not to
exceed $26,000 (General Fund).
(11) Authorize the issuance of a blanket purchase order for FY 11 -12 to UCLA
Center for Pre - Hospital Care for continuing education, defibrillation training and
AED program oversight not to exceed $32,600 (General Fund).
(12) Authorize the City Manager to execute a one -year contract with All Cities
Management Company to provide crossing guard services for the El Segundo
School District not to exceed $80,000 (General Fund).
(13) Authorize the issuance of a blanket purchase order to Mayer Hoffman
McCann PC (Agreement #3866) for auditing services not to exceed $54,250 in
FY 11 -12 (General Fund).
(14) Authorize the issuance of a blanket purchase order to Lane Donovan
Partners, LLC (Agreement #3399) to provide management services for The
Lakes Golf Course for an amount no to exceed $108,000 (Golf Course Fund).
(15) Authorize the issuance of a blanket purchase order to TruGreen Landcare
(Agreement #4096) to provide weekly landscape services for an amount not to
exceed $153,504 (General Fund).
(16) Authorize the City Manager to extend ongoing tree maintenance services
agreement with Great Scott Tree Service Inc. (Agreement #3476) for services not
to exceed $70,000 for FY 11 -12 (General Fund).
(17) Authorize the City Manager to extend ongoing custodial services agreement
with Bell Building Services (Agreement #3898) and issuance of blanket purchase
order not to exceed $66,540 (General Fund).
(18) Authorize the City Manager to execute a standard professional services
agreement with Martin & Chapman Co. for election support and services for the
General Municipal Election, April 10, 2012, not to exceed $36,000 (General
Fund).
(19) Authorize the City Manager to execute a one -year contract and /or purchase
order with Buxton to provide economic development analysis and marketing
assistance not to exceed $50,000 (General Fund).
9 U0J
(20) Authorize staff to continue to purchase gasoline and diesel fuel for City
vehicles and equipment through the use of spot market purchasing in an amount
not to exceed $321,000 (Various).
(21) Authorize the issuance of a blanket purchase order to Metron Farnier &
Actaris in an amount not to exceed $100,000 in total for the purchase of single jet
water meters for the City's water system (Water Enterprise Fund).
(22) Authorize the issuance of a blanket purchase order to Blue Diamond
Materials, a division of Sully Miller Contracting Company in an amount not to
exceed $50,000 for the purchase of asphalt paving materials for Street
Maintenance Division projects (General Fund).
(23) Authorize the issuance of a blanket purchase order to Flo- Systems, Inc. in
an amount not to exceed $75,000 for ongoing repair and maintenance of the
City's sewer and stormwater stations (Sewer Fund).
(24) Authorize the City Manager to execute a one -year contract with the Society
for the Prevention of Cruelty to Animals Los Angeles for animal sheltering
services, not to exceed $28,200 (General Fund).
(25) Authorize the City Manager to execute a one -year contract with Duncan
Solutions (formerly Enforcement Technology Inc.) for processing of parking
citations /collections, not to exceed $77,000 (General Fund).
(26) Authorize the City Manager to execute a one -year contract with AT &T
Connection Services for communications related to mobile data computers and
radio sites, not to exceed $39,400 (General Fund).
(27) Authorize the City Manager to execute a one -year contract amendment
and /or purchase order with Tyler Technologies who provide financial software to
manage the City's General Ledger, Accounts Receivable, Accounts Payable,
Payroll, and Human Resources. This item is for annual licensing, maintenance,
and support of these systems not to exceed $40,600 (General Fund).
12. Consideration and possible action to award a standard Public Works
Contract to the lowest responsible bidder, All American Asphalt, Inc., for
Lairport Street rehabilitation from Mariposa Avenue to Maple Avenue.
Project No.: PW 10 -04 and pavement repair of a section of the Joslyn
Center parking lot damaged by tree roots. (Fiscal Impact: $288,000)
(1) Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with All American Asphalt, Inc., in the
amount of $261,629; (2) Alternatively, discuss and take other possible action
related to this item.
10 i C'
13. Consideration and possible action to award a non - exclusive franchise to
Consolidated Disposal Service, LLC for residential and municipal solid
waste hauling services. (Fiscal Impact: $3,565,500 over 7 years)
(1) Authorize the Mayor to execute a 7 -year franchise agreement in a form
approved by the City Attorney with Consolidated Disposal Services, LLC in the
amount of $3,565,500 which represents $489,950 annually for the first three
years, and $523,913 annually for the remaining four years of the contract; (2)
Alternatively, discuss and take other action related to this item.
14. Consideration and possible action regarding a request from the El
Segundo Kiwanis Club to operate a Beer Garden in the food court section
of the Kiwanis sponsored 35th Annual Richmond Street Fair on Saturday,
September 24, 2011 from 11:00 am — 5:00 pm (Fiscal Impact: None)
(1) Approve the request from the El Segundo Kiwanis Club to operate a Beer
Garden in the food court section of the 35th Annual Richmond Street Fair, subject
to compliance with all Alcohol Beverage Commission regulations and permits;
(2) Alternatively, discuss and take other action related to this item.
15. Consideration and possible action to amend the City's existing contract
with Liebert Cassidy Whitmore ( "LCW ") the law firm that provides the City
with specialized labor and personnel legal services. The amendment seeks
an approximate 12.5% rate increase. (Fiscal Impact: City Staff will offset
the hourly increase with lower utilization of LCW services and there will be
no budgetary impact for FY 2011 -2012)
(1) Authorize City Manager to execute an agreement with LCW increasing LCW's
billing rates by approximately 12.5 %; Alternatively, take other action related to
this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
11 ��1i
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, It sec.) 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:
TIME: J , 20 pyv.
NAME:
12 (;1
rortamatt"On
QCitp of ea $egunbo, Catifurnia
WHEREAS, home fires killed more than 2,500 people in the United States in 2009, according to the
latest research from the nonprofit National Fire Protection Association (NFPA), and fire
departments in the United States responded to more than 360,000 home fires; and
WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and
the third leading cause of home fire deaths; and home candle fires are reported to a US fire
department every 30 minutes, on average; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and the vast
majority of home fires can be prevented by taking simple safety precautions; and
WHEREAS, The El Segundo Fire Department, which is dedicated to the safety of life and property
from the devastating effects of fires and other emergencies, is joined by concerned citizens
of our community, as well as businesses, the school district, service clubs and other
organizations, in its fire safety efforts.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California,
in commemoration of the great Chicago Fire of 1871, which killed 250 persons, left 100,000 homeless, and
destroyed more that 17,400 buildings, and in order to raise the awareness in the community of the
importance of practicing fire prevention and fire safety to avoid needless loss of property and life, do hereby
proclaim the week of October 9 through October 15, 2011 as:
FIRE PREVENTION WEEK
FURTHER, the Mayor and Members of the City Council join Fire Chief Kevin Smith in inviting the El
Segundo community to observe Fire Prevention Week by practicing fire prevention and fire safety year -
round and heeding the message "It's Fire Prevention Week, Protect Your Family from Fire!"
<. - ����rr • � /r /= � -�»z .'%/ /�tl��.�lJi�cr �( %c�rzrt�, l ,� / > /�n:�r. �' (i /rf �uf'C:.Y'.Lr
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�_ 13
rortamation
QCitp of Cl Oegunbo, California
WHEREAS, The 35" Annual Richmond Street Fair is proudly sponsored and organized by
the El Segundo Kiwanis Club as a club fundraiser for local scholarships and
projects for the youth of El Segundo; and
WHEREAS, The Annual Richmond Street Fair provides high school student groups, civic
clubs, and non - profit organizations an opportunity to promote their
associations and to raise funds for their school and community projects through
the sale of arts and crafts and other items; and
WHEREAS, The Annual Richmond Street Fair affords people from other communities the
opportunity to discover the hometown atmosphere of El Segundo while
experiencing wholesome family entertainment at its finest; and
WHEREAS, The City Council recognizes the merits of the Annual Richmond Street Fair as
a win -win for the entire community of El Segundo and commends the El
Segundo Kiwanis Club for continuing to carry on this traditional El Segundo
event which has become a "Celebration of Community".
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, hereby proclaim the observance of the 35' ANNUAL RICHMOND STREET
FAIR from 9:00 a.m. to 5:00 p.m., Saturday, September 24, 2011 and invite the community to
give generous support to all the groups, organizations, merchants and volunteers participating in
the Fair.
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(i 14
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year
2011 -2012 Budget (including all City Revenues and Expenditures), Five -Year Capital
Improvement Plan and Adoption of Resolutions approving Appropriation Limit,
Preliminary Budget as amended, and Capital Improvement Plan as amended. (Copies of
the Fiscal Year 2011 -2012 Preliminary Budget can be found in the Library, City Clerk's
office, and on the City's website.) (Fiscal Impact $109,848,900 in total appropriations;
$97,672,000 in total estimated revenues and prior year designations of $12,176,900)
RECOMMENDED COUNCIL ACTION:
1. Continue Public Hearing and receive public testimony. Adopt the Resolution approving and
adopting the Fiscal Year 2011 -2012 Operating Budget and the Five -Year Capital Improvement
Budget.
2. Incorporate "Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions in all Funds"
into the Adopted Budget and deposit any fiscal year 2010 -2011 General Fund savings into the
Economic Uncertainty Fund in fiscal year 2011 -2012 once the fiscal year 2010 -2011 audit is
complete.
3. Adopt the Resolution approving and adopting the Appropriations Limit for fiscal year 2011-
2012, as presented.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1) Exhibit A Fiscal Year 2011 -2012 Change List of Budget Revisions in all Funds
2) Resolution approving and adopting the Operating and Five -Year Capital Improvement
Budget for Fiscal Year 2011 -2012 and Resolution approving and adopting the
Appropriation Limit for Fiscal Year 2011 -2012
FISCAL IMPACT: Total Appropriations of $109,848,900; Revenues of $97,672,000 and prior
year designations of $12,176,900.
Amount Budgeted: $ 109,848,900
Additional Appropriation: N/A
Account Number(s): None
ORIGINATED BY: Angelina Garcia, Fiscal Services Manager
REVIEWED BY: Deborah Cullen, Director of Finance
APPROVED BY: Doug Willmore, City Manager G( - f
BACKGROUND AND DISCUSSION:
�- 1
1
FY 2011 -2012 Budget
On August 31, 2011 at the City's 2 °d Strategic Planning Session staff presented the summary of
the proposed FY 2011 -2012 Preliminary General Fund budget for revenues and expenditures and
obtained direction from Council on structurally balancing the budget. At this public hearing staff
is presenting the Citywide revenues, expenditures and supporting documentation.
Summary of Assumptions used to prepare FY 2011 -2012 Budget:
• Equipment Replacement Costs — Funding at 100 %.
• Annual OPEB Payment — Funded at 100%
• ESUSD Funding - $250,000 cash payment & continue funding crossing guard contract
($80,000) and in -kind contributions ($1,051,700) estimated for FY 11/12)
• No growth factored for nonpersonnel costs, except for prescheduled contractual increases
• Vacant positions eliminated — total for 50 positions — approx. $5 million in total
compensation
• Personnel Costs:
• CalPERS Pension Rate Increases - $1.1 million
■ $800,000 increase - Public Safety
■ $300,000 increase - Miscellaneous Employees
• Health Benefit Costs — Average 7% increase - $400,000
• Salary Increases — 2% for the Supervisory /Professional Group - $80,300
• $3,152,350 in furloughs and other employee concessions expire at year -end
On September 6, 2011 the City Council conducted a Public Hearing on the FY 2010 -2011
Operating Budget and the Five -Year Capital Improvement Project Budget.
Revisions from the Preliminary Budget are attached to this report and have been included in the
final budget to be adopted.
Incorporate "Exhibit A — FY 2011 -2012 Change List of Budget Revisions in all Funds" into
the Adopted Budget.
Budget Revenue Revisions between Preliminary and Adopted
General Fund
The summary of changes includes a decrease to Gas Utility Tax of $100,000, a decrease in
Cogenerated Tax of $225,000 and increases to Water Utility Tax revenue of $170,000, Sales and
Use Tax of $455,000. These changes were made based on updated estimates received from our
revenue consultants adding a total of $300,000 in additional revenue.
An increase in interfund transfers includes $900,000 transfer -in from the Equipment
Replacement Fund. This amount was identified through reductions in the City's vehicle fleet
and equipment. These funds will be used for one -time expenditures.
!,
Budget Expenditure Revisions between Preliminary and Adopted
General Fund
The summary of changes in General Fund expenditures includes a decrease of $505,200 in the
Other Post Employment Benefit (OPEB) annual required contribution. This is a direct result of
measures that the City has implemented to reduce the Unfunded Actuarial Accrued Liability.
These measures included negotiating a reduction in the Health Benefit Premium cap from $1800
to $1600 for active employees and retirees with two of the City's labor groups. The City also
adopted a strategy in FY 2008 of prefunding this liability with conservative assumptions for the
prepayment amount which has resulted in a positive reduction of the overall unfunded liability.
In other words, the City's conservative approach to prefund using conservative assumptions has
paid off. This has resulted in our annual payment to the Trust for the unfunded liability to be cut
in half from 2.4 in FY 2008 to 1.2 million in 2012. A drawdown of $1 million in investment
earnings from the OPEB Trust was scheduled in the Preliminary Budget and this amount has
been reduced to $250,000. The amount scheduled to be withdrawn is the average annual
investment earnings.
Additional changes include a reduction of $13,750 in salary and benefit resulting from the City
Council taking a 20% pay reduction, payroll tax decrease of $90,275 and an increase of $425,300
in additional Equipment Replacement Charges to a majority of the General Fund departments to
fund the annual charges at 100 %.
Other Funds
The following budget revisions had not been finalized in time to include in the preliminary
budget.
The summary of changes in other fund expenditures include an adjustment for capital outlay in
the State Gas Tax Fund, Measure R, Prop A, Water, Sewer and Capital Improvements Fund of
$1,125,000. It also includes adjustments to the Water Fund for increases in purchase of potable
and recycled water totaling $652,200 and a decrease to capital outlay of $250,000. The Sewer
Fund includes adjustments to benefits for the decrease in OPEB Funding costs of $75,500 and a
decrease to capital outlay of $250,000.
Adopt the Resolution approving and adopting Appropriations Limit for FY 2011 -2012.
Article XIII -B of the California State Constitution, commonly referred to as the Gann
Appropriations Limit, was adopted by California voters in 1980 and placed limits on the total tax
proceeds that State and local agencies can appropriate and spend each year. Based upon the
California Constitution and applicable law, staff has presented the City Council with an
Appropriations Limit for FY 2011 -2012 as adjusted by the factors identified in the attached
Resolution. The Appropriations Limit for FY 2011 -2012 will be $229,123,748.
u17
Capital Improvement Proiects
The FY 2011 -2012 Capital Improvement Projects recommended from the Capital Improvement
Program Advisory Committee total $1,125,000
Residential Sound Insulation Program construction improvements total $12,779,600.
General Fund
This budget as presented contains General Fund appropriations inclusive of transfers of
$55,624,550 and General Fund estimated revenues inclusive of transfers of $51,673,900 with a
deficit of $3,950,600 to be filled by a reduction of salaries and benefits of $2,900,600 and Fire
Department staffing reduction to 16 with a run down to 14, which is estimated to save an additional
$1,050,000 in overtime and salaries and benefits from the Fire Department budget.
All Funds
Enterprise Funds
The Water Fund reports FY 2011 -2012 budgeted revenues of $22,640,700 and expenditures of
$21,565,400. This fund's budget is balanced.
The Wastewater Fund reports FY 2011 -2012 budgeted revenues of $3,587,300 and expenditures of
$3,269,400. This fund's budget has a slight surplus to be set aside for capital projects.
The Golf Course reports FY 2011 -2012 budgeted revenues of $2,058,000 and expenditures of
$2,602,800. This fund's budget will be balanced with prior year designated fund reserves.
Internal Service Funds
The Workers' Compensation Fund reports FY 2011 -2012 budgeted revenues of $ 1,977,000 and
expenditures of $ 1,980,100, funded at a 70% confidence level with retained earnings.
The General Liability Fund reports FY 2010 -2011 budgeted revenues of $ 1,169,600 and
expenditures of 1,160,700 funded at a 70% confidence level with retained earnings.
The Equipment Replacement fund reports FY 2011 -2012 budgeted revenues of $ 1,028,300 and
expenditures of $5,648,300 funded at a 100% of total replacement cost value with retained
earnings.
The revised FY 2011 -2012 budget is balanced. Total appropriations for all funds are
$109,848,900. Total estimated revenues for all funds are $97,672,000, with prior year
designations of $12,176,900, for a total of $109,848,900.
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF REVENUE BUDGET REVISIONS - ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Preliminary Estimated Revenues inclusive of Transfers In
Correction to Schedule
ADJUSTMENTS:
General Fund:
Decrease to Gas Utility Tax Revenue Estimate
Increase to Water Utility Tax Revenue Estimate
Increase to Sales & Use Tax Estimate
Decrease in Cogenerated Tax Revenue Estimate
Transfers In:
Equipment Replacement Fund
Other Funds
Traffic Safety Fund (1041
Adjust Revenue
AQMD Tree Partnership Fund (125)
Adjust Revenue
Debt Service Fund (202)
Transfer in from CIP
Capital Improvement Fund (301)
Transfer in from Prop C
Facilities Maintenance Fund (405
Transfer in from General Fund
Equipment Replacement Fund
Adjust to account for Charges to Depts
Prior Year Designation Fund Reserves
Total Revised Estimated Revenues Inclusive of Transfers In
Account Inc (Dec) Balance
$95,873,800
3212
(100,000)
3213
170,000
3201
455,000
3215
(225,000)
9001 900,000
$1,200,000
9301 (34,500)
9301 20,000
9301 540,000
540,000
9114 120,000
$120,000
9001 85,000
$85,000
3912 (71,700)
($71,700)
$1,858,800 $97,732,600
($60,595)
$97,672,005
;.'19
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Account Inc (Dec) Balance
Preliminary Budget Appropriations inclusive of Transfers Out $110,964,265
ADJUSTMENTS:
General Fund:
Interfund Transfers
Adjust Transfer to CDBG Fund
9111
6,900
Elected Official - City Council
Adjust Salaries and Benefits to reflect 20% decrease in salary for Council Members
4XXX
(14,000)
Adjust OPEB Annual Charge
4210
(4,300)
Adjust Equipment Replacement Charge
6207
(1,600)
Elected Official - City Treasurer
Adjust OPEB Annual Charge
4210
(4,800)
Adjust Equipment Replacement Charge
6207
350
Elected Official - City Clerk
Adjust OPEB Annual Charge
4210
(5,200)
Adjust Payroll Tax for Part -Time Employees
4202
(300)
Adjust Equipment Replacement Charge
6207
2,300
Planning & Building Safetv
Reclass S &B for one position to City Manager
6253
(138,500)
Adjust OPEB Annual Charge
4210
1,200
Adjust Equipment Replacement Charge
6.800
City Manager - IS & HR
Reclass S &B for one position to City Manager
4xxx
138,540
Adjust OPEB Annual Charge
4210
(15,600)
Adjust Equipment Replacement Charge
6207
181,600
Finance
Adjust Payroll Tax for Part -Time Employees
4xxx
(6,500)
Adjust OPEB Annual Charge
4210
(39,100)
Adjust Equipment Replacement Charge
6207
3,600
Human Resources
Adjust Payroll Tax for Part-Time Employees
4XXX
(3,700)
Adjust OPEB Annual Charge
4210
(14,200)
Adjust Equipment Replacement Charge
6207
1,300
Non - Department
Adjust Retiree Health Payment - General Fund Portion
4204
(286,000)
Include OPEB Trust Drawdown Amount of $250,000
4204
250,000
Increase Other Unclassified Expense
6244
26,500
Adjust Equipment Replacement Charge
6207
(25,100)
Adjust Vacation/Sick Leave Payout
6235
300,000
Police Department
Adjust Payroll Tax for Part -Time Employees
4xxx
(3,400)
Adjust OPEB Annual Charge
4210
(227,400)
Adjust Equipment Replacement Charge
6207
158,200
Fire Department
Adjust OT
4103 -4110
8,700
Adjust Payroll Tax for Part -Time Employees
4XXX
(3,200)
Adjust OPEB Annual Charge
4210
(212,300)
Adjust Equipment Replacement Charge
6207
113,300
Public Works Department
Adjust Payroll Tax for Part-Time Employees
4XXX
(6,000)
Adjust OPEB Annual Charge
4210
(55,200)
Adjust Equipment Replacement Charge
6207
(107,600)
Recreation & Parks Department
Adjust Part-Time Salary Expense for increase in hours
4102
20,000
Adjust Payroll Tax for Part -Time Employees
4XXX
(62,000)
Adjust OPEB Annual Charge
4210
(129,100)
Increase in Operating Supplies
5204
9,950
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
Decrease in Cleaning Supplies
Increase in Electric Utility
Increase in Copy Machine Charges
Increase in Contractual Services
Adjust Equipment Replacement Charge
Adjust Insurance & Bonds (for Contract Classes)
Reduce Repairs & Maintenance
Reduce Training & Education
Adjust Equipment Leasing Costs
Library Services
Adjust Part-Time Salary
Adjust Payroll Tax for Part -Time Employees
Adjust OPEB Annual Charge
Adjust Equipment Replacement Charge
Adjust Professional & Technical Contract
Adjust Equipment Leasing Costs
Total General Fund Adjustments
All Other Funds
Asset Fortfeiture (109) Fund
Account
Inc (Dec) Balance
5205
(3,000)
6102
2,000
6203
1,400
6206
19,600
6207
37,800
6211
11,200
6215
(15,500)
6223
-1500
6260
3700
4102
(500)
4xxx
(22,200)
4210
(54,600)
6207
18,000
6214
13,500
6260
3,900
($122,060) $110,842,205
Allocate Health Benefits for Officers to fund
4204
31,700
Adjust OPEB Annual Charge
4210
(10,200)
Adjust Payroll Tax for Part -Time Employees
4202
(700)
21,500
Measure R 0 10 Fund)
4204
4,700
Adjustment - To fund for the approved CIP Street Repairs
8357
(24,000)
Adjustment - To fund for the approved CIP Street Repairs
8943
269,000
17,400
Adjustment - To fund for the approved CIP Street Repairs
8958
(50,000)
Adjustment - To fund for the approved CIP Curb Replacement
8604
100,000
195,000
Community Development Block Grant (111) Fund
8943
(32,600)
Adjust Part-Time Salary Expense for increase in hours
4102
(6,800)
67,400
Adjust Payroll Tax for Part -Time Employees
4202
(2,000)
Allocate Health Benefits for PT Employees
4204
1,100
Adjust OPEB Annual Charge
4210
(2,200)
(9,900)
Prop A Fund M 12)
Adjust Part-Time Salary Expense for increase in hours
4102
32,100
Adjust Payroll Tax for Part-Time Employees
4202
(6,800)
(200,000)
Allocate Health Benefits for PT Employees
4204
15,400
Adjust OPEB Annual Charge
4210
(11,200)
Adjust Operating Supplies
5204
(1,500)
Adjust Vehicle Gasoline Charge
5215
(3,000)
540,000
Adjust Professional & Technical
6214
40,000
Adjust Rental Charges
6216
2,500
Adjust Training & Education
6223
(1,000)
(1,784,000)
Adjust Vehicle Operating Charge
6224
(4,000)
Adjust Transfer - Capital Improvements
9301
120,000
182,500
Prop C Fund 11141
Adjust Part-Time Salary Expense for increase in hours
4102
15,500
Adjust Payroll Tax for Part -Time Employees
4202
(700)
Allocate Health Benefits for PT Employees
4204
4,700
Adjust OPEB Annual Charge
4210
(2,100)
17,400
State Gas Tax Fund (106)
Adjustment - To fund for the approved CIP Curb Replacement
8604
100,000
Adjustment - To fund for the approved CIP Street Repairs
8943
(32,600)
67,400
Residential Sound Insulation Fund (116)
Allocate Health Benefits for Officers to fund
4204
83,700
Adjust OPEB Annual Charge
4210
(26,900)
56,800
Hyperion Mitigation Fund (117)
Correct beginning balance error
(200,000)
(200,000)
Debt Service Fund (202)
Reclassify Principal Payment from the General Fund to the Debt Service Fund
4901
253,000
Reclassify Interest Payment from the General Fund to the Debt Service Fund
4902
287,000
540,000
Capital Improvement Fund (3011
Revision upon finalization of CIPAC Plan
8XXx
(1,784,000)
(1,784,000)
s_1zi
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF EXPENDITURE BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2011 -2012 ADOPTED BUDGET
FISCAL YEAR 2011 -2012 BUDGET
r�)<l
Account
Inc (Dec)
Balance
Economic Uncertainty Fund !4011
Adjust Transfer to the General Fund
9001
330,500
330,500
Accrual Sick Leave Vacation Fund (404)
Correct beginning balance error
9001
(111,100)
(111,100)
Facilities Maintenance (4041
Adjust Repairs and Maintenance Charges
9001
150,000
150,000
Water (501) Fund
Adjust Payroll Tax for Part-Time Employees
4202
(5,100)
Allocate Health Benefits for PT Employees
4204
73,000
Adjust OPEB Annual Charge
4210
(28,100)
Adjust Equipment Replacement Charge
6207
(95,000)
Adust Water Purchases - Potable
6283
714,600
Adjust Water Purchases - Reclaimed Water
6285
492,800
Adjust Capital Outlay for Seismic Valuation
8227
(1,000,000)
Adjust Capital Outlay for Meter Readers
8461
250,000
402,200
Waste Water (502) Fund
Allocate Health Benefits for PT Employees
4204
37,600
Adjust OPEB Annual Charge
4210
(12,100)
Adjust Equipment Replacement Charge
6207
(92,000)
Adjust Repairs and Maintenance
6215
491,000
Adjust Capital Outlay for Meter Readers
8461
250,000
Adjustment to remove PY funding
8652
(100,000)
Adjustment to remove PY funding
8653
(100,000)
Adjustment to remove PY funding
8654
(300,000)
174,500
Golf Fund (503)
Adjust Equipment Replacement Charge
6207
16,800
Correction to reduce insurance premium
16,800
Eau4 ment Replacement Fund (601)
Increase in estimated replacments to be funded
8104
(551,500)
Increase in estimated replacments to be funded
8105
(2,702,700)
Increase in estimated replacments to be funded
8106
(76,200)
Increase in estimated replacments to be funded
8108
(619,200)
Decrease in Transfer to General Fund Estimate
9001
(1,380,600)
(5,330,200)
Liability Fund !6021
Allocate Health Benefits for PT Employees
4204
2,900
Adjust OPEB Annual Charge
4210
(900)
2,000
Workers' Compensation Fund
Correct beginning balance error
9001
(500,000)
Allocate Health Benefits for PT Employees
4204
3,000
Adjust OPEB Annual Charge
4210
(1,000)
(498,000)
Developer Fees Expendable Trust
To adjust Transfers per Transfers in /out schedule
9001
(250,000)
(250,000)
Expendable Trust - Other
To adjust Transfers per Transfers in /out schedule
9001
(536,000)
(536,000)
Outside Service Trust (708)
Correct beginning balance error
(15,000)
(30,000)
Total Revised City Appropriations - All Other Funds inclusive of Transfers Out
($6,577,600)
($6,577,600)
Total Revised City Appropriations - All Funds inclusive of Transfers Out
($6,699,660)
$104,249,605
Budget Balancing Options:
$5,599,200
$109,848,805
r�)<l
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2011 -2012 FINAL OPERATING
BUDGET FOR THE CITY OF EL SEGUNDO AND ADOPTING THE
2011 -2012 CAPITAL IMPROVEMENT BUDGET.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Council has reviewed the proposed final Operating Budget ( "Budget ")
and Capital Improvement Plan ( "CIP ") for fiscal years;
B. The Budget and CIP are based upon appropriate estimates and financial planning
for the City's operations, services, and capital improvements;
C. The City Council conducted public study sessions on June 8, 2011 and August 31,
2011 and a public hearing on September 6, 2011, and continued on September 20,
2011;
D. In accord with the Government Code, the El Segundo Planning Commission has
determined, on August 25, 2011, that the projects included in the CIP are
consistent with the City's General Plan;
E. All procedural requirements for adopting the City's budget were fulfilled, and the
City Council was fully informed regarding the City's current finances, projected
revenue, and financial obligations; and
F. It is in the public interest for the City Council to adopt the Budget and CIP as
proposed by the City Manager.
SECTION 2: ADOPTION. The Budget and the CIP attached to this Resolution, and
incorporated by reference, are approved and adopted subject only to the authorizations set forth
below. Such approval and adoption includes, without limitation, the Position Control Listing of
Authorized Positions, Classification and Compensation Plans set forth in the Budget which
recognizes new classifications and removes unused classifications.
SECTION 3: APPROPRIATIONS LIMIT.
A. Article XIIIB of the California Constitution requires the City to set its
Appropriations Limit on an annual basis;
B. The City's Appropriations Limit may be adjusted annually based upon inflation
and population growth.
C. The City Council may choose the method of calculating adjustments to the City's
Appropriations Limit on an annual basis. For inflation, pursuant to Article XIIIB,
§ 8(e)(2), adjustments to the Appropriations Limit may be calculated using either
the percentage change in per capita personal income from the preceding year or
the percentage change in the local assessment roll from the preceding year
Page 1 of 4 ('23
because of local nonresidential new construction. For population growth,
pursuant to Government Code § 7901(b), the City may either use the percentage
growth either in its jurisdiction or from the surrounding county.
D. Pursuant to Article XIII -B of the California Constitution, and those Government
Code sections adopted pursuant to Article XIII -B, § 8(f), the City Council chooses
to adjust the City's Appropriations Limit by calculating inflation using the
percentage change in the City's assessment roll from the preceding year because
of local nonresidential new construction and calculating population growth by
using the percentage change in population in Los Angeles County.
E. As a result of the adjustments made to the City's Appropriations Limit, the City
Council sets the Appropriations Limit for fiscal year at $229,123,748.
SECTION 4: BUDGET APPROPRIATIONS. Based upon the Budget, the total General Fund
operating budget is $51,673,900. The City Manager, or designee, is authorized to implement the
following appropriations for City Departments:
DEPARTMENT
AMOUNT
Elected Officials
$842,600
City Manager
$1,417,600
City Attorney
$448,600
Non Department
$3,975,400
Communications Center
$1,403,300
Finance
$2,009,000
Fire
$13,726,700
Human Resources
$763,500
Library
$2,304,100
Recreation and Parks
$4,925,300
Planning and Building Safety
$2,710,900
Police
$15,828,100
Public Works
$5,288,100
Transfers
$307,900
Personnel Reductions
($4,277,200)
SECTION 5: CIP APPROPRIATIONS. Based upon the CIP, a total of $1,225,000 is
appropriated for Capital Improvement Projects for Fiscal Year. The City Manager, or designee,
is authorized to implement the CIP with the following funds and amounts:
FUND
AMOUNT
State Gas Tax
$
325,000
Proposition "C" STPL
$
120,000
Water Operation
$
250,000
Sewer Fund
$
250,000
Measure R
$
280,000
Page 2 of 4
SECTION 6: MISCELLANEOUS APPROPRIATIONS. The City Manager, or designee, is
authorized to implement the following miscellaneous appropriations:
FUND
AMOUNT
Traffic Safety
$
200,000
State Gas Tax
$
325,000
Asset Forfeiture
$
1,135,900
Measure R
$
280,000
CDBG
$
86,800
Proposition "A" Transportation
$
475,900
Proposition "C" Transportation
$
203,900
Residential Sound Insulation
$13,533,900
Air Pollution Reduction
$
31,100
Hyperion Mitigation
$
67,300
TDA Bikeway
$
9,000
C.O.P.S.
$
100,000
Debt Service
$
540,000
Capital Improvement Program
$
660,000
Economic Uncertainty
$
500,000
Facilities Maintenance
$
245,000
Water Operation
$21,565,400
Sewer
$
3,269,400
Golf Course
$
2,602,800
Equipment Re lacement
$
5,648,300
Liability Insurance
$
1,122,600
Workers' Compensation
$
1,980,100
SECTION 7: REAPPROPRIATION. The City Manager, or designee, is authorized to
reappropriate any unused appropriations for capital projects, special projects, and grant programs
at the close of Fiscal Year 2010 -2011 for the Budget and CIP.
SECTION 8: FUND OPERATING RESERVES. The City Manager, or designee, may
appropriate any remaining revenues at the close of Fiscal Year 2010 -2011 into the applicable
Fund operating reserve on September 30, 2011.
SECTION 9: BUDGET ADJUSTMENTS. The Budget may be subsequently adjusted as
follows:
A. By majority vote of the City Council;
B. By the City Manager, or designee, for all appropriation transfers between
programs and sections within a City department and between appropriation units
(e.g., salaries and benefits, services and supplies, and capital outlay) within
programs;
C. By Department Directors for appropriation transfers between appropriation units
within programs;
Page 3of4 2 J
D. Objects code expenditures within appropriation units in a program are not
restricted so long as funding is available in the appropriation unit as a whole.
SECTION 10: CONTRACTING AUTHORITY.
A. The City Manager, or designee, is authorized to bid and award contracts for the
equipment, supplies, and services approved in the Budget.
B. In accordance with the El Segundo Municipal Code ( "ESMC "), the City Manager
is authorized to execute all contracts awarded for equipment, supplies, and
services approved in the Budget.
C. Notwithstanding any dollar limitation set forth in the ESMC, the City Manager is
authorized to execute contracts for purchasing equipment and supplies that are
individually identified in the Budget regardless of total cost. The City Manager
may, but is not required to, seek additional City Council approval for transactions
made pursuant to this Section.
D. For all other services, equipment, and supplies, the City Manager is authorized to
execute contracts in accordance with the ESMC.
SECTION 11: 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.
SECTION 12: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED AND ADOPTED September 20, 2011.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
LIN
Eric Busch, Mayor
Karl H. Berger, Assistant City Attorney
Page 4of4
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/26/11 THROUGH 09/08/11
Date
Payee
Amount
Description
9/1/2011
IRS
206,929.33
Federal Taxes
9/1/2011
Employment Development
45,596.01
State Taxes
9/1/2011
Employment Development
4,189.60
State Taxes
9/2/2011
State of CA EFT
1,047.21
EFT Child support payment
9/2/2011
Nationwide EFT
36,366.59
EFT 457 payment
9/2/2011
UB
7,071.99
PARS payment
9/2/2011
Manufacturers & Traders
20,932.41
457 payment Vantagepoint
9/2/2011
Manufacturers & Traders
192.31
IRA payment Vantagepoint
9/2/2011
Health Comp
3,059.92
Weekly claims
9/6/2011
Cal Pers
445,011.87
Health
9/7/2011
Lane Donovan Golf Ptr
21,915.02
Payroll Transfer
8/26- 9/08/11
Workers Comp Activity
5,787.32
SCRMA checks issued
798,099.58
DATE OF RATIFICATION: 09/20/11
TOTAL PAYMENTS BY WIRE: 798,099.58
Certified as to the accuracy of the wire transfers by:
Deputq City easurer Date
Director of Finance Date
MAA"l
City Manager Dat
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
8
P: \City Treasurer \Wire Transfers\2011 \Wire 2011 3rd Qtr \Wire Transfers 09- 08.xls J(-
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 6, 2011 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem 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:
Mayor Busch announced that Council would be meeting in closed session pursuant to
the items listed on the agenda.
Council Member Don Brann not participating in the initiation of litigation pursuant to
Government Code §54956.9(c), Wiseburn School District item, on this agenda or on any
future agenda, nor has he participated in such item in prior closed sessions.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -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): -1-
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 1
Wyle Laboratories, Inc.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
Wiseburn School District
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):-5-
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
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
SEPTEMBER 6, 2011
PAGE NO. 2
r, n
i .� U
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 6, 2011 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Cathy Domann, Deputy City Clerk
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher
PRESENTATIONS
(a) Council Member Fuentes presented a Proclamation — "National Preparedness
Month ", to encouraging all citizens and businesses to develop an emergency
preparedness plan.
(b) Mayor Pro Tern Fisher presented a Proclamation — Pledge to clean our communities
by protecting and conserving natural resources and improving our communities quality
of life.
ROLL CALL
Mayor Busch - Present
Mayor Pro Tern Fisher - Present
Council Member Brann - Present
Council Member Fuentes - Present
Council Member Jacobson - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to
communicate to the City Council on behalf of another, and employees speaking on
behalf of their employer, must so identify themselves prior to addressing the City
Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
While all comments are welcome, the Brown Act does not allow Council to take action
on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
Ron Swanson, Education Foundation Member and resident, spoke on the upcoming
grand re- opening of the High School Community Theater.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 3
0 3
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to read
all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
Consideration and possible action to open a Public Hearing regarding the
presentation of the Fiscal Year 2011 -2012 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures.
(Fiscal Impact: General Fund Revenues of $52.6 million, Expenditures of $52.6
million)
Mayor Busch stated that this was the time and place to conduct a public hearing
regarding the presentation of the Fiscal Year 2011 -2012 Preliminary Budget, including
discussion and possible direction regarding all city revenues and expenditures. (Fiscal
Impact: General Fund Revenues of $52.6 million, Expenditures of $52.6 million)
Deborah Cullen, Finance Director, gave a report.
Clerk Domann stated that proper notice had been given in a timely manner and that no
written communications had been received in the City Clerk's Office.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tem Fisher to
continue the Public Hearing to September 20, 2011 and schedule the budget adoption
for the September 20, 2011 meeting. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
C. UNFINISHED BUSINESS
2. Consideration and possible action to provide municipal trash collection services
to condominium and stock cooperative parcels with four or fewer units. (Fiscal
Impact: $7,600.00)
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by Mayor Busch, SECONDED by Mayor Pro Tem Fisher to provide municipal
trash collection services to condominium and stock cooperative parcels with four or
fewer units. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
3. Consideration and possible action to receive and file the Annual Report of the
Capital Improvement Program Advisory Committee ( CIPAC). Oral presentation
will be made by CIPAC Chairman Crista Binder. (Fiscal Impact: None)
Crista Binder, Chair of CIPAC, gave a report.
Council consensus to receive and file the Annual Report of CIPAC and receive the oral
presentation.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 4 � l
C3
E. CONSENT AGENDA
4. Approved Warrant Numbers 2583713 to 2584023 on Register No. 22 in the total
amount of $2,880,296.46 and Wire Transfers from 08/04/11 through 08/25/11 in
the total amount of $2,855,656.60. Authorized staff to release. Ratified: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
5. Approved Regular City Council Meeting Minutes of August 16, 2011.
6. Adopted Resolution No. 4731 authorizing the City Manager and Director of
Planning and Building Safety to apply for, receive, and appropriate grant funds
for an update of the General Plan and Zoning Regulations from Community
Challenge Grant funds from the Department of Housing and Urban Development.
(Fiscal Impact: grant award of $640,000 with $160,000 commitment of City
matching funds) Authorized the submittal of the grant application and the
commitment of $160,000 in matching funds and in -kind staff time.
7. Approved the thirty (30) day provisional appointment extension for the position of
Interim Battalion Chief. (Fiscal Impact: None)
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Fuentes to
approve Consent Agenda Items 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER - NONE
REPORTS — CITY COUNCIL MEMBERS
Council Member Fuentes — Spoke on the importance of Emergency Preparedness.
Council Member Brann — Reported on the recent LAEDC Meeting and the Economic
Development Conference in Long Beach. Also spoke on the 24th Anniversary
Celebration at Park Vista and the Police Officers Association Car Show.
Council Member Jacobson — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 5 �� J
Mayor Pro Tern Fisher — Spoke on the ten year anniversary of the terrorist attack on the
World Trade Center.
Mayor Busch — Announced that Los Angeles County was looking for people to serve on
the Grand Jury and the upcoming "9/11" memorial events.
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. - NONE
MEMORIALS — NONE
CLOSED SESSION - NONE
ADJOURNMENT at 7:51 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2011
PAGE NO. 6
C'34
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
Wednesday, August 31, 2011
El Segundo Public Library
111 W. Mariposa Avenue, El Segundo, CA 90245
7:30 a.m.
7:30 A.M. SESSION
CALL TO ORDER — Mayor Busch at 7:30 a.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tem Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Present
Council Member Jacobson
- Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so identify
themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow
Council to take action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed. - NONE
SPECIAL ORDERS OF BUSINESS:
Consideration and possible action regarding the presentation of the Fiscal Year 2011 -2012
Preliminary Budget. Staff will present a brief overview of the estimated General Fund Fiscal
Year 2010 -2011 yearend projections and the General Fund Fiscal Year 2011 -2012
Preliminary Budget assumptions. Staff will also provide follow -up on open items from the
prior Strategic Planning Session.
Deborah Cullen, Finance Director, gave a presentation.
Fiscal Year 2010 -2011 Yearend projections
Fund Balance Reserve Yearend Balance Projection
Fiscal Year 2011 -2012 Preliminary Budget
Assumptions used in preparation of the FY 2011 -2012 Preliminary Budget
Eliminating the Projected FY 2011 -2012 General Fund Structural Deficit
Elimination of Vacant Positions
Proposed Salary and Benefit Reductions
Fleet Savings
Golf Course Lease Repayment
Economic Development Plan
Smokey Hollow
Capital Infrastructure Plan
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
AUGUST 31, 2011
PAGE NO. 1
035
Greg Carpenter, Planning and Building Safety Director, gave a brief report on Economic
Development plans and projections.
Stephanie Katsouleas, Public Works Director, gave a brief report on Capitol Improvements.
City Manager Doug Wilmore provided several funding options for the Capitol Improvements.
2. Consideration and possible action regarding the presentation of fiscal year 2010 -2011 Third
Quarter Financial Review
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to commit to a structurally
balanced budget and support a reduction in employee compensations of 3.5 million dollars.
MOTION PASSED BY THE FOLLOWING VOICE VOTE; AYES: BUSCH, FISHER, JACOBSON
AND FUENTES. NOES: BRANN. 4/1
MOTION by Council Member Jacobson, SECONDED by Council Member Brann, to accept the
Economic Development plan, with implementation to begin 2011 -2012. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to direct staff to move forward
with the infrastructure projects; approve an infrastructure loan with low interest rate with a
maximum of $700,000 per month in a loan payment; obtain low construction cost estimates;
discuss the sale of property at the corner of Main and Grand at a future date; return to Council
before final approval on all projects. MOTION PASSED BY THE FOLLOWING VOICE VOTE;
AYES: BUSCH, FISHER, BRANN AND FUENTES. NOES: JACOBSON. 4/1
The first hearing for the Fiscal Year 2011 -2012 Budget Adoption will be held at the September 6,
2011 City Council Meeting. Council may raise other development, policy, capital project, and
potential budget reduction items for consideration as part of staff's preparation for the FY 2011 -12
Adopted Budget.
ADJOURNMENT at 9:20 a.m.
Cindy Mortesen, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
AUGUST 31, 2011
PAG�1- 6
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a 2 -year approval to waive fees for recurring City
co- sponsored annual Special Events, in which the City provides support services and/or facilities
at no cost to the organizing group.
(Fiscal Impact: $122,480 over two years)
RECOMMENDED COUNCIL ACTION:
1. Approve the fee waiver request for the total amount of $61,240 each year, for a total of
$122,480.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Annual Special Events Calendar
2. Annual Special Events Support Matrix
FISCAL IMPACT: 2012 - $61,240; 2013 - $61,240
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Meredith Petit, Recreation Superintendent %"
REVIEWED BY: Bob Cummings, Director of Recreation and Parks&
APPROVED BY: Doug Willmore, City Manager k4-W
BACKGROUND & DISCUSSION:
In December 2009 the City Council approved a 2 -year fee waiver for fifteen community special
events in which the City has historically provided support services and /or facility space. The
advanced fee waiver approval expires on December 31, 2011. Therefore, this routinely scheduled
item is presented before the City Council for discussion and action for the continuation of waived
fees associated with the predictable annual events.
Additional events have been added to the list that have been identified by staff as recurring events
that have previously received fee waivers by the City Council including Broadway in the Park and
various school district - related events such as the Center Street School PTA Annual Ice Cream Social,
the El Segundo High School Band Annual Comedy Night, and the Young America Parent
Committee.
Four departments are identified as the frequent service providers for the events typically co- sponsored
by the City: Police, Fire, Public Works, and Recreation & Parks. The majority of the department support
services are in the form of personnel costs, i.e. providing staff assistance for various functions.
The Police Department support is often in the form of officers for crowd and traffic control. The Fire 4
Department provides the assistance of the Fire Marshal to ensure proper compliance to fire and safety
� ; ) •• -i
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codes, if necessary. The Public Works Department is responsible for providing the personnel necessary
to perform the hanging of street banners and posting street closures with barricades and signage. The
Recreation & Parks Department typically provides administration of the Special Event Permit,
coordination of the event, equipment delivery (tables, chairs, mobile stage, sound equipment, etc.), and
assistance with event set -up and breakdown.
In addition to personnel costs, two departments have additional fees that are included in the fee waiver
request. The Recreation & Parks Department facilitates facility and field rentals, which have hourly
reservation fees assigned to specific fields and impact levels. The organizing groups of each special
event have traditionally been granted fee waivers for these fees. The Department of Public Works has
been the recipient of requests by school district - related functions and events for the waiver of banner
fees. Each banner fee is $178.00 and addressed individually to the City Council.
In addition to the three foreseen school - related events (Center Street School PTA Annual Ice Cream
Social, the El Segundo High School Band Annual Comedy Night, and the Young America Parent
Committee), it is estimated that there may be between two to five other school - related events per year
requesting banner fee waivers. Therefore, it is recommended to include a fee waiver approval of up to
five unforeseen school - related events at the discretion of the Director of Public Works, for a maximum
total amount of $900.00 per year.
The Annual Special Events Support Matrix (Attachment #2) illustrates the personnel costs and facility
reservation fees by department. It is important to note that these costs are estimates determined by
reviewing the logistics and site plans from the past events. Should the event plans change, fees could
increase or decrease. Additionally, other fees may still apply and are not included in the overall fee
waiver request. For example, an event organizer may be required to pay for a sound permit, staff
assistance after normal operating hours, or field renovation expenses.
Staff respectfully requests direction from the City Council regarding long -term fee waiver requests in
association with the identified recurring annual Special Events.
U3B
ATTACHMENT #1
Annual Special Events Support
Calendar of Events
February
Opening Day Parade El Segundo Little League
Tasting Bee El Segundo Girl Scout Neighborhood
March
Run for Education El Segundo P.T.A.
Arbor Day Tree Musketeers
June
Promotional Dance El Segundo Middle School
July
Soap Box Derby El Segundo Boy Scout Association
Relay for Life American Cancer Society
August
Broadway in the Park El Segundo Broadway in the Park
Movie in the Park El Segundo Rotary Club
Main Street Car Show El Segundo Police Officer's Association
September
Richmond Street Fair El Segundo Kiwanis Club
Pancake Breakfast El Segundo Police and Fire Associations
Homecoming Parade El Segundo High School
December
Holiday Parade El Segundo Chamber of Commerce
Candy Cane Lane Residents of E. Acacia Avenue
Banner Fee Waivers
Ice Cream Social Center Street School PTA
Band Comedy Night El Segundo High School
Young America Parent Committee El Segundo Unified School District
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: September 20, 2011
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request from the Gardena Municipal Bus Lines to
modify Line 5 to include five new bus stops within the City of El Segundo and affix signage
accordingly.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution for establishing new bus stops for Gardena Municipal Bus Lines per
California Vehicle Code § 22500(i) and El Segundo Municipal Code § 8- 5 -3(D).
2. Approve the request to allow the Gardena Municipal Bus Lines to make additional bus stops in
the City of El Segundo and affix the appropriate signage at each stop.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution & Exhibit A
2. GMBL Line 5 Route Map
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: M eredith Petit Recreation Superintendent /" N
REVIEWED BY: Bob Cummings, Director of Recreation and Park V -/
APPROVED BY: Doug Willmore, City Manager hM!
BACKGROUND & DISCUSSION:
Recently staff was notified by the City of Gardena's Gardena Municipal Bus Lines (GMBL) of the
proposed changes to their Line 5 bus route through the City of El Segundo. In an effort to provide more
transportation options and service to residents, employees, and other passengers, the route changes will
facilitate connections to MTA Line 232, the Green Line Station (Northbound and Southbound), and the
Aviation Station. The five new stops for the route within the City are as follows:
• Mariposa & Nash N/B
• Imperial & Nash EB
• Nash & Imperial SB
• Nash & Mariposa SB
• Nash & Grand SB
City staff from the Police Department's Traffic Division and Public Works' Engineering Division has
reviewed the proposed locations and do not have any objections concerning the buses or signage.
Gardena Municipal Bus Lines will affix post signs and small extension signs depending on the
location. ,5
In an effort to continue to offer residents and employees a selection of transportation options, staff
respectfully requests City Council approve the request from the Gardena Municipal Bus Lines. (� 4 1
RESOLUTION NO.
A RESOLUTION ESTABLISHING BUS STOP AND NO PARKING
AREAS AS SPECIFIED.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: Pursuant to Vehicle Code § 22500(i) and El Segundo Municipal Code ( "ESMC ")
§ 8- 5 -3(D), the City Council designates the areas identified in attached Exhibit "A," as bus stops
and a "no parking" zone. The City Manager, or designee, is authorized to properly post such
designated areas with signs and, as appropriate, curb markings.
SECTION 3: This Resolution may be enforced in accordance with any applicable law after the
areas designated above are properly posted with signs.
SECTION 4: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
SECTION 5: This Resolution will become effective immediately upon adoption.
20th September 2011.
PASSED AND ADOPTED this _ day of
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By :�..
gKarkBerger, Assistant City Attorney
L14
-I-
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 the said City is five; that the foregoing
resolution, being RESOLUTION NO. was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2011, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2011.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
-2-
[CAMy DocumentsO SegundoTesolutionANO Stopping Reso.doc]
September 7, 2011
C1 4 :3
Exhibit A
ESTABLISHING BUS STOP AND NO PARKING AREAS AS SPECIFIED
Mariposa & Nash N/B -First post after the turn from Imperial onto Nash S/B.
Not an existing bus stop.
Imperial & Nash EB - The light pole in front of the Raytheon building on
Imperial, just past Nash. An existing MTA and MAX stop.
Nash & Imperial SB - The first post after the turn from Imperial onto Nash SB.
An existing Torrance Transit stop.
Nash & Mariposa SB - The bus shelter on Nash, just past Mariposa, at the Green
• Line. An existing MTA stop.
Nash & Grand SB - The bus shelter on Nash, just before Grand Ave. An existing
• MTA stop.
U44
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
MEETING DATE: September 20, 2011
AGENDA HEADING: Consent Agendz
AGENDA DESCRIPTION:
Consideration and possible action to (1) accept a donation from El Segundo resident Craig Zinn,
Jr. to build a new storage unit at the Joslyn Center at Recreation Park for his Boy Scout Eagle
Project; (2) adopt a Resolution to approve the plan for the project; (3) authorize the City
Manager to execute a contract with Craig Zinn, Jr. and his parent/guardian in a form approved by
the City Attorney. (Fiscal Impact: Approximately $1200.00 of facility improvements)
RECOMMENDED COUNCIL ACTION:
1. Approve the acceptance of a donation from Craig Zinn, Jr.;
2. Adopt a Resolution that includes approval of the project's plan;
3. Authorize the City Manager to execute a contract with Craig Zinn, Jr. and his
parent/guardian in a form approved by the City Attorney; or
4. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter from Craig Zinn, Jr.
2. Proposal.
3. Site Plan.
4. Resolution.
FISCAL IMPACT: Approximately $1200.00 of facility improvements
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Alison Fiorini, Recreation Supervisor
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager p /"/
BACKGROUND AND DISCUSSION:
Craig Zinn, Jr., known as "CJ", a resident Boy Scout and Eagle Scout candidate has offered to
donate his time and materials to construct two new storage units at the Joslyn Center at
Recreation Park and a portable chair rack. The total value of materials and labor is approximately
$1200.00.
Craig Zinn, Jr. will provide the materials approved by staff. The storage units will be
constructed at an off -site location and will be completed by a group of 15 volunteers and
managed by CJ Zinn.
0 4 G
To work on public property, Craig Zinn, Jr. and his parent /guardian will be required to enter into
an agreement with the City in a form approved by the City Attorney and provide insurance
requirements.
The proposed project will provide accessible storage shelves, additional storage units, and a chair
rack for the Joslyn Center without a cost to the City. It will also give Craig Zinn, Jr. an
opportunity to complete his Eagle Scout leadership service project.
Staff recommends accepting donation of materials and labor to enhance the appearance of Joslyn
Center.
o 4 'y'
September 11, 2011
Dear Council Members,
My name is C.j. Zinn and I am 17 years old and a Boy Scout for local troop 267.
I am working towards the highest rank in boy scouts of Eagle. To achieve this rank I must
do an eagle project.
I was interested in doing my project at the Joslyn Center because as a youth I
spent a lot of time at Recreation Park and I wanted to give something back to the
community. The storage area between the Social Hall and Craft Room at the Joslyn
Center appears to be underutilized and disorganized. I propose clearing the existing
storage area of unusable shelving and installing two new cabinet and shelving units. I
will clear out existing shelving and prep the area for the new cabinets. After installation,
I will put the weights and storage items back into the cabinets. Also there are stacks of
chairs are set in the middle of the storage area. I propose to build a portable chair rack so
that the rack can fit multiple stacks of chairs and be easily transported to the various
rooms within the facility. This would make the storage area more organized and the
stacks of chairs easier to move and accessible.
I will need about 15 volunteers to complete my project. I will provide the
volunteers with family, friends and fellow boy scouts. My project will cost about $900-
$1,200. I plan to raise this money by donations from my family, friends, and most
importantly the community.
Sincerely,
C.j. Zinn
Troop 267
U48
CJ Zinn
Eagle Project Proposal — Joslyn Center
CJ Zinn's Eagle Project Proposal includes the following:
Cabinets for Storage Area
a. The storage area between the Social Hall and Craft Room appears to be
underutilized and disorganized. I propose clearing the existing storage area of
unusable shelving and installing two new cabinet and shelving units. I will clear
out existing shelving and prep the area for the new cabinets. After installation, I
will put the weights and storage items back into the cabinets.
b. My project will create more useful and accessible storage shelves for exercise
equipment and additional storage units with doors below. I propose to build two
storage units:
i. Each unit will have open shelving for the exercise equipment and the
bottom area will have a small drawer and cabinet for other miscellaneous
items.
1. 8' x 2' x 8' to be secured to the east wall of the storage area.
2. 10' x2' x 8' to be secured to the south wall of the storage area.
2. Chair Rack:
a. Stacks of chairs are set in the middle of the storage area. I propose to build a
portable chair rack so that the rack can fit multiple stacks of chairs and be easily
transported to the various rooms within the facility. This would make the storage
area more organized and the stacks of chairs easier to move.
CJ Zinn's Eagle Project 0-49
Plan Proposal
September 7, 2011
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RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
STORAGE AREA IMPROVEMENTS AT JOSLYN CENTER LOCATED
AT 339 SHELDON ST. PURSUANT TO GOVERNMENT CODE § 830.6
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH CRAIG ZINN JR. AND HIS PARENT /GUARDIAN.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On September 7, 2011, the City received an Eagle Scout project proposal
by CRAIG ZINN JR. ( "VOLUNTEER ") to improve the storage area and to
build a portable chair rack.
B. The Project consists of clearing the existing storage area, installing two
new cabinets and shelving units, and building a portable chair rack (the
"Project ");
C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER, the Council
understands and believes that the total value of the materials and labor
would be approximately $1200.00. Volunteer will utilize additional 15
community volunteers.
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project;
F. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
There is, at most, only a nominal cost to the public for the reason
that VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
Page 1 of 3 (.` J I
3. VOLUNTEER's only motivation in constructing the Project is to
accomplish charitable works for the City;
4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, VOLUNTEER will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631;
Hodgeman v. City of San Diego (1942) 53 Cal. App.2nd 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G &E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
I. The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
K. In accepting VOLUNTEER's donation of the Project, the City notes that
Labor Code § 1720.4 specifically exempts work performed by volunteers
from payment of prevailing wages. In addition, the Department of
Industrial Relations ( "DIR ") has determined that prevailing wages need not
be paid for the Project (see DIR Decision No. 98 -004 dated June 10, 1998
[donated pergola on city property]; and DIR Decision No. 99 -058 dated
January 7, 2000 [volunteer labor]). Accordingly, the Project is not a
"public work" under the Labor Code and 15 -20 volunteers need not be
paid prevailing wages.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
(
Page2of3 � �J 4-
A. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with VOLUNTEER
for construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 20th day of September, 2011.
Eric Busch, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By a4o-� , (�—? " �� � )
Ka H. f3eiger, Assistant City Attorney
Page 3 of 3
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to renew a five -year Parks
License Agreement with Southern California Edison (SCE). The agreement is for the City to
continue to maintain and operate SCE's property as City parks along Washington Street between
Walnut and Mariposa Avenues and along Illinois Street between Mariposa and Holly Avenues.
(Fiscal Impact: FY 11/12 $1,733 or $8,665 for five years)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a five -year Parks License Agreement with SCE in a
form as approved by the City Attorney in the amount not to exceed $1,733 per year or
$8,665 for five years; or
2. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
1. Map of Independence, Constitution, Washington, and Freedom Parks.
2. License Agreement between the City of El Segundo and SCE.
FISCAL IMPACT: $1,733
Amount Budgeted: $1,733
Additional Appropriation: No
Account Number(s): 001 - 400 -5102 -6206
ORIGINATED BY: Mark Trujillo, Parks Superintendent
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Doug Willmore, City Manager J/1/W
BACKGROUND AND DISCUSSION:
The City's Parks License Agreement with SCE to maintain and operate SCE's property for parks
consisting of Independence, Constitution, Washington, and Freedom Parks will expire on
September 30, 2011. The proposed agreement is asking for an increase of $50 per year, from
$1,683 to $1,733 or $8,665 for five years.
Staff recommends renewing the agreement to continue to maintain and operate SCE's property
as City parks. Agreement will start on October 1, 2011 through September 30, 2016.
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LICENSEE: CITY OF EL SEGUNDO
CITY: EL SEGUNDO
T.G.: 732 G1
PROPERTY NO.: PLENS732GIB
R/P AGENT: Steve Afford
COUNTY: LOS ANGELES
STATE: CA
LAND MAPPING: MY TAN
ACCOUNT NO.: 1426
OTHER REF., 69W13244, Assessor's Maps
DATE: 10/06/01
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SANDERS MAP NO.: 520581, 52082
M.S.: 49-82 NW
File Name: 2001RE014231
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......................
FACILITY NAME: EL NIDO-SEPULVEDA-CULVIER 220KV T/L R/W P.I.D. NO. 5012093 J.O. �T66i
I JAMIN ID- RED 14231
LICENSEE: CITY OF EL SEGUNDO
CITY: EL SEGUNDO
T.G.: 732 G1
PROPERTY NO.: PLENS732GIB
R/P AGENT: Steve Afford
COUNTY: LOS ANGELES
STATE: CA
LAND MAPPING: MY TAN
ACCOUNT NO.: 1426
OTHER REF., 69W13244, Assessor's Maps
DATE: 10/06/01
E D I S.d
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SANDERS MAP NO.: 520581, 52082
M.S.: 49-82 NW
File Name: 2001RE014231
CITY OF EL SEGUNDO
Contract No. 9.4190
(formerly Contract No. L1426)
L I C E N S E A G R E E M E N T
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5 LICENSER'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES, WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON - POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
ADDENDUM: PARK USE
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Contract No. 9.4190
(formerly Contract No. L1426)
LICENSE AGREEMENT
THIS AGREEMENT, made as of the _ day of � ST , 20 - ,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws
of the State of California, hereinafter called "Licensor ", and CITY OF EL SEGUNDO, hereinafter called
"Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A" attached hereto and made a part hereof the ( "Property ") solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth.
California.
The subject Property is located in the City of El Segundo, County of Los Angeles, State of
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record including but not limited to, the following:
A. Convenants, conditions and restrictions recorded February 7, 1917, of Official Records,
Book 6402, page 347 of Deeds.
B. An Easement for street purposes to the City of El Segundo, affecting the southerly 5.00
feet of Lot 9 of Block 107, recorded April 20, 1955, in Book 48321, page 180 of Official Records.
C. An unrecorded pipeline License to Shell Oil Company, dated December 14, 1970,
affecting the Southerly 10.00 feet of Lots 8 and 9, Block 107.
D. An unrecorded pipeline License to W. Howard Wilson dated October 23, 1944, located
along a line parallel with and 35.00 feet Southerly from the North line of Lot 9, Block 107.
E. The right of El Segundo Land and Improvement Company, its successors or assigns, to
lay, maintain, repair, restore, increase the size of, and remove pipes and conduits, in and upon, under
or across said land, for the purpose of distributing water as recited in the Deed from Los Angeles Trust
and Savings Bank, recorded in Book 6233, page 187 of Deeds, in the office of the County Recorder of
Los Angeles County.
F. Covenants, conditions and restrictions as set forth and imposed by the above
mentioned Deed which contains a Lender's clause.
G. An easement for road purposes to the City of El Segundo as recorded in Book 40168,
page 163 of Official Records, in the office of the County Recorder of said County.
H. The right of El Segundo Land and Improvement Company, its successors or assigns, to
lay, maintain, repair, restore, increase the size of land and remove pipes and conduits in and under
that portion of said Lot 30 that is within the North 2 1/2 feet of Lot 6, Block 113 of El Segundo, as per
map recorded in Book 20, page 114 and 115 of Maps, in the office of said County Recorder as
contained in the Deed from Los Angeles Trust and Savings Bank, a corporation, to E.E. Southworth,
recorded June 18, 1913, in Book 5737, page 217 of Deeds, in the office of the County Recorder of said
County.
I. Covenants, conditions and restrictions affecting that portion of said Lot 30 that is
within Lot 5, Block 113 of El Segundo, as per map recorded in Book 20, page 114 of Maps in the Office
of the County Recorder, contained in the Deed from Los Angeles Trust and Savings Bank to Ray M.
Pardon, recorded March 12, 1920, in Book 7130, page 108 of said Deeds.
1. Use: Licensee will use the Property for parks and /or public recreation purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to make such use of the
Property as determined by the Licensor in its sole discretion, will be grounds for immediate
termination of this Agreement in accordance with Article 28.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of October, 2011 and ending on the last day of
September, 2016. Licensee acknowledges that this Agreement does not entitle Licensee to any
subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the
Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: Licensee will pay to Licensor the sum of One Thousand Seven Hundred
Thirty Three and 00/ 100 Dollars ($1,733.00) upon the execution and delivery of this Agreement for the
first year;
Term
Year Due
Yearly
Amount
Payment Due
First Day Of
First Year
2011
$1,733.00
October
Second Year
2012
$1,733.00
October
Third Year
2013
$1,733.00
October
Fourth Year
2014
$1,733.00
October
Fifth Year
2015
$1,733.00
October
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting
Department - Accounts Receivable.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten
percent (10 %) of the amount due.
insurance:
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $1,000,000.00.
Licensee shall require its insurer to waive all rights of subrogation against Licensor, its
officers, agents and employees, except for any liability resulting from the willful or
grossly negligent acts of the Licensor.
(b) Commercial General Liability Insurance, including contractual liability and products
liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name
Licensor, its officers, agents and employees as additional insureds, but only for
Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard
cross - liability provisions.
-2-
(c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such
insurance shall: (i) cover the use of owned, non -owned and hired vehicles on the
Property and (ii) name Licensor, its officers, agents and employees as additional
insureds.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of
insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this
Agreement. Such insurance shall not be canceled nor allowed to expire nor be materially reduced
without thirty days prior written notice to Licensor. The required insurance policies shall be
maintained with insurers reasonably satisfactory to Licensor [or under a self- insurance program
reasonably satisfactory to Licensor], shall name Licensor as an additional insured by endorsement,
and shall be primary and non - contributing with any insurance maintained by Licensor.
5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to
conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and /or
crops located on the Property.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must
submit, for Licensor's prior written approval plans for any modifications to such improvements.
Written approval may be modified and /or rescinded by Licensor for any reason whatsoever. At any
time, Licensee may be required to modify and /or remove any or all such previously approved
improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor
is not required, at any time, to make any improvements, alterations, changes or additions of any
nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or
improvements will in no way alter Licensor's right to terminate in accordance with Article 27.
7. Licensee's Personal Property: All approved equipment and other property brought,
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to the expiration or earlier termination of this
Agreement; provided, however, that Licensee shall promptly restore any damage to the Property
caused by the removal. If Licensee is in default, however, such equipment or other property shall not
be removed by Licensee without Licensor's written consent until Licensee has cured such default, and
Licensor shall have a lien thereon to the extent thereof.
8. Height Limitations: Any equipment used by Licensee or its agents, employees or
contractors, on and /or adjacent to the Property, will be used and operated so as to maintain a
minimum clearance of twenty -seven (27) feet from all overhead electrical conductors.
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet. If requested by Licensor, Licensee will remove, at Licensee's expense, any tree
and /or other planting.
9. Access and Clearances: Licensee will provide Licensor with adequate access to all of
Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum usable width of sixteen (16)
feet, together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on
curves by a distance equal to 400 /inside radius of curvature. All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in
-3- C! :_�
writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and
will maintain the following minimum clearances at all times:
a. A 50- foot - radius around suspension tower legs and 100 -foot radius around
dead -end tower legs.
b. A 10- foot - radius around all steel and wood poles.
NOTE: Additional clearance may be required for structures.
10. Parkin : Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
11. Flammables Waste and Nuisances: Licensee will not, nor allow others to, place or
store any flammable or waste materials on the Property or commit any waste or damage to the
Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and
debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and
will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials,
noise or other nuisance disturbances. Licensee will not permit dogs on the Property.
12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. Licensee will dispose of all
pesticides, herbicides and any other toxic substances declared to be either a health or environmental
hazard, as well as all materials contaminated by such substances, including but not limited to,
containers, clothing and equipment, in the manner prescribed by law.
13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
hazardous, toxic or infectious materials and /or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills
of, and /or contamination by or from hazardous materials as defined by applicable laws or regulations,
which may occur during and after the Agreement term, and are attributable to the actions of, or failure
to act by, Licensee or any person claiming under Licensee.
14. Sims: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other f rm of outdoor advertising.
15. Fencing: Licensee may install fencing on the Property with prior written approval from
Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing.
16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping that
is compatible with adjoining properties and that is satisfactory to Licensor.
17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment and
other structures, is the property of Licensor and will remain on and be surrendered with the Property
upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary,
all irrigation equipment at its own expense.
-4- l; 6 0
18. Underground and Above - Ground Tanks: Licensee will not install underground or
above - ground storage tanks, as defined by any and all applicable laws or regulations, without
Licensor's prior written approval.
19. Underground Facilities: Any underground facilities installed or maintained by Licensee
on the Property must have a minimum cover of three feet from the top of the facility and be capable of
withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth
excavated to a compaction of ninety percent (90 %). Licensee will relocate its facilities at its own
expense so as not to interfere with Licensor's proposed facilities.
20. Utilities: Licensee will pay all charges and assessments for, or in connection with,
water, electric current or other utilities which may be furnished to or used on the Property.
21. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to,
buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee. If Licensee fails to pay the above - mentioned taxes,
assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
fee" on all amounts outstanding up to the maximum rate allowed by law.
22. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
24. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection with
Licensee's activities hereunder.
25. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its
officers, agents and employees, and its successors and assigns, from and against all claims, loss,
damage, actions, causes of actions, expense and /or liability arising from or growing out of loss or
damage to property, including that of Licensor, or injury to or death of persons, including employees of
Licensor resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement or the
use or occupancy of the Property by Licensee or any person claiming under Licensee.
27. Termination: This Agreement may be canceled and terminated by either Licensor or
Licensee, at any time, for any reason, upon thirty (30) days notice in writing. Licensee will peaceably
quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the
Licensor. Termination, cancellation or expiration does not release Licensee from any liability or
obligation (indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence
after termination shall be deemed a trespass.
-5- 0 6 1
28. Events of Default: The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 23.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
other rule of any governmental agency in connection with Licensee's activities
pursuant to this Agreement.
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(f) Any attempt to exclude Licensor from the licensed premises.
(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(h) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause g" of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
29. Remedies: In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property
from the Property, including but not limited to, buildings, structures and fixtures. In addition,
Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest
at the maximum rate permitted by law on such amounts until paid, as well as any other amount
necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to
perform its obligations under this Agreement.
30. Non - Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any,
such interest. Any violation of this provision will immediately void and terminate this Agreement.
31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision.
Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining
of Licensor's consent to or approval of any subsequent act by Licensee.
32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to
the conditions prescribed by General Order No. 69 -C of the Public Utilities Commission of the State of
-6- �'
California dated and effective July 10, 1985, which General Order No. 69 -C, by this reference, is
hereby incorporated herein and made a part hereof.
33. Attorneys' Fees: In the event of any action, suit or proceeding against the other,
related to this Agreement, or any of the matters contained herein, the successful party in such action,
suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred.
34. Electric and Magnetic Fields ( "EMF "): There are numerous sources of power frequency
electric and magnetic field ( "EMF "), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long -term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 30 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program. However, potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
agreement, the information available about EMF. Accordingly, SCE has attached to this document a
brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE
also encourages Licensee to obtain other information as needed to assist in understanding the EMF
with respect to the planned use of this property.
35. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties Department
Land Management
2131 Walnut Grove Avenue
Rosemead, CA 91770
To Licensee: City of El Segundo
350 Main Street
El Segundo, CA 90245
Business Telephone No. (310) 322 -4670
Licensee will immediately notify Licensor of any address change.
36. Recording: Licensee will not record this Agreement.
-7-
1,, b J
37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any addenda and exhibits attached hereto constitute the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as
of the day and year herein first above written.
A
SOUTHERN CALIFORNIA EDISON COMPANY
By — :.�✓
ICENSOR
N ORLEN SWELL
Right of Way Agent
Land Management -Metro Region
Real Properties Department
CITY OF EL SEGUNDO
LICENSEE
Print Name:
-8- 0
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post -type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off -road vehicles, and "all- terrain" vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by SCE. Licensee shall pay SCE in advance, for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers. All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three -
axle vehicle.
Licensee's Initials
0 100 200 400
5
SCALE IN FEET
(MATCH UNE)
WALNUT AVE. o PALM AVE.
L
W
Ix I I
';YrAUnRF AVF
ELM AVE.
M,
OAK AVE. b 'w)
0 In
z
LEGEND
A r LANDS OF SCE AL AVE
BEING UCENSED TO HOLLY AVE.
CITY OF EL SEGUNDO {MATCH �LINE
APPROXIMATE TOWER LOCATION 0
(25- CLEARANCE)
8' WIDE SHELL CALIFORNIA PIPEUNE
TOTAL AREA(GROSS) I SQ.FT. 349,420 2 EXHIBIT $1 All
..N.AM.E:. L–NI-0.0-8-EPULVEDA-CULVER 220KV T/L R/W P.I.D. NO. 5012093 J.O.
MIN ID- RE01 4
LICENSEE: CITY OF EL SEGUNDO CrTY: EL SEGUNDO T.G.: 732 GI
PROPERTY NO.: PLENS732G18 R/P AGENT: Steve Alford —+ccOUNTY. LOS ANGELES STATE: CA --i
LAND MAPPING- IVY TAN ACCOUNT NO.: 1426
SANDERS MAP NO.: 520581, 52082 OTHER REF.: 69W13244. Assessor's Maps EDISON
M.S.: 49-82 NW DATE: 10/06/01
File Name: 2001RE014231
b ic
I
139'
MARIPOSA AVE.
26']
21
PINE AVE.
z
LEGEND
A r LANDS OF SCE AL AVE
BEING UCENSED TO HOLLY AVE.
CITY OF EL SEGUNDO {MATCH �LINE
APPROXIMATE TOWER LOCATION 0
(25- CLEARANCE)
8' WIDE SHELL CALIFORNIA PIPEUNE
TOTAL AREA(GROSS) I SQ.FT. 349,420 2 EXHIBIT $1 All
..N.AM.E:. L–NI-0.0-8-EPULVEDA-CULVER 220KV T/L R/W P.I.D. NO. 5012093 J.O.
MIN ID- RE01 4
LICENSEE: CITY OF EL SEGUNDO CrTY: EL SEGUNDO T.G.: 732 GI
PROPERTY NO.: PLENS732G18 R/P AGENT: Steve Alford —+ccOUNTY. LOS ANGELES STATE: CA --i
LAND MAPPING- IVY TAN ACCOUNT NO.: 1426
SANDERS MAP NO.: 520581, 52082 OTHER REF.: 69W13244. Assessor's Maps EDISON
M.S.: 49-82 NW DATE: 10/06/01
File Name: 2001RE014231
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request for a new Alcoholic Beverage Control
(ABC) license for on -site sale and consumption of alcohol (Type 41 — On -Sale Beer and Wine)
at a new bakery and cafe located at 131 West Grand Avenue, Suite A (Schat's Bakery Cafe), EA
No. 933 for AUP No. 11 -08. Applicant: David Schat (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to the modification of a Type 41 ABC license
at 131 West Grand Avenue, Suite A;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting District (RD)
2. Police Reporting District Map
3. Planning Commission Staff Report dated September 8, 2011
4. Approval Letter to Applicant dated August 30, 2011
5. Application and Plans
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
� C
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager k^V
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
II. Analysis
According to the most recent Crime and Arrest statistics report (January 2011 — June 2011,
Exhibit 1) prepared by the Police Department, the restaurant is located in Reporting District
(RD) 111 which is in the Grand Avenue District (GAD) within the Downtown Specific Plan
(DSP) Zone. Based on 2011 reported data prepared by the Police Department, the District had a
total of 11 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary,
larceny- theft, motor vehicle theft and arson) and 5 felony and misdemeanor arrests. The
Reporting District is considered a high crime area with a total of 16 crimes and all arrests for
other crimes reported between January and June 2011. However, the Police Department and the
Planning and Building Safety Department do not object to the expansion of the area for the ABC
license for a new restaurant.
This license request would allow the sale of beer and wine at a new bakery and cafe. A request
for a new license is required, since no previous ABC license was issued for this address.
Restaurants are a permitted use in the Grand Avenue District (GAD) within the Downtown
Specific Plan (DSP) Zone. The applicant proposes a 199 square -foot outdoor dining area in front
of the building that will contain 6 seats and an 893 square -foot interior area that will contain 16
seats. The combined total area of the restaurant is 3,854 square feet. The proposed bakery and
caf6 dining hours of operation are: Monday through Sunday from 7:00 a.m. to 12:00 a.m. for the
indoor dining area and Monday through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor
dining area. Food service would be available in the indoor and outdoor dining area during the
hours of operation and no outdoor entertainment is proposed.
On August 30, 2011 the Director of Planning and Building Safety approved an Administrative
Use Permit application (EA No. 933 and AUP No. 11 -08) for 131 West Grand Avenue, Suite A.
The Director's decision was forwarded to the Planning Commission on September 8, 2011,
which chose to receive and file the item.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file the determination without objecting
to the modification of the existing Type 41 ABC license at 131 West Grand Avenue, Suite A.
P:Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA 933 \EA -933 CC SR.doc
068
EL SEGUNDO POLICE DEPARTMENT
RECORDED PERIOD: JANUARY - JUNE, 2011
PART I CRIMES AND ARRESTS BY REPORTING
DISTRICT
RD
REPORTING
I PART I CRIMES
FELONY /MISD
TOTAL
AVERAGE BY RD
DISTRICT
ARRESTS
PERCENTAGE +I-
102
4
9
0 %
0
3
-67%
MINIMUM
:- �.
s e .
0
1
-89%
108
2
3
5
-44%
5
5
10
+11%
0
0
-100%
�P.
114
U
0
0
-100%
9
9
0%
116
0
2
2
-78%
202 5
3
8
-11%
7
10
+11%
204 4
0
4
-56%
212 3
0
3
-67%
21T- 1
1
2
-78%
214- 0
0
0
-100%
302 10
0
10
+11%
303 0
5
5
-44%
4
0
2
-78%
305
1
0
1
-89%
306
0
1
1
-89%
7
1
0
1
-89%
4
0
4
-56%
0
2
-78%
1
7
-22%
12
2
0
2
-78%
313
2
0
2
-78%
4
0
0
-100%
315
4
3
7
-22%
1
2
-78%
317
3
1
4
-56%
ca
5
1
6
-33%
321
1
3
4
-56%
322
1
1
2
-78%
323 1
3
2
5
-44%
TOTALS 1
290
177
467
Number of Reporting Districts = 53
Average # of Part I Crimes per Reporting District = 5
Average # of Felony/ Misdemeanor Part I Crime Arrests per Reporting District = 3
Average # of Crimes and Arrests per Reporting District = 9
Results from 01/01/2011 through 06/30/2011
RECORDS /S 8/2/2011
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61 7 i
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: September 8, 2011
SUBJECT: Environmental Assessment No. EA -933 and
Administrative Use Permit No. 11 -08
APPLICANT: David Schat c/o Schat's LLC
PROPERTY OWNER: Doheny Enerprises, LLC/ 612 Twin Holdings, LLC
REQUEST: A request for an Administrative Use Permit (AUP) to
allow the on -site sale and consumption of alcohol
(Type 41 Alcoholic Beverage Control License for
beer and wine) at a new bakery and cafe that will
include a new outdoor dining area
PROPERTY INVOLVED: 131 West Grand Avenue, Suite A
INTRODUCTION
The proposed project is a request for an Administrative Use Permit to allow the sale
and consumption of beer and wine at a new bakery and cafe located at 131 West
Grand Avenue, Suite A. The project site is located in the Grand Avenue District
(GAD) within the Downtown Specific Plan (DSP).
The applicant is requesting a new Type 41 license for the on -site sale and
consumption of beer and wine from the California Department of Alcoholic
Beverage Control. The Director made the necessary findings to grant an
Administrative Use Permit for the on -site sale and consumption of beer and wine
and approved the Administrative Use Permit on August 30, 2011 (see Exhibit A).
ANALYSIS
The applicant requests approval to allow the sale of beer and wine (Type 41
Alcoholic Beverage Control License) at a new 3,892 square -foot bakery and cafe
that will include a new 199 square -foot outdoor dining area at the front of an existing
building. The new bakery and cafe will replace the former Blockbuster business.
The applicant proposes a new 199 square -foot outdoor dining area at the front of
the building that will contain 8 seats and an 893 square -foot interior dining area
072-
within the commercial lease space that will contain 40 seats. A combined total of 48
seats are proposed for dining.
The following chart describes the proposed dining and seating areas.
The zoning for the site is Grand Avenue District (GAD) within the Downtown Specific
Plan. Restaurants are a permitted use in this Zoning District in accordance with
Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed use (on -site sale and
consumption of beer and wine at a bakery and cafe) requires an Administrative Use
Permit in accordance with DSP § VI E.4(a). The proposed use (sale of alcohol at a
bakery and cafe with a combined total of 1,985 square feet of interior and outdoor
dining area), requires an Administrative Use Permit in accordance with DSP § VI
E.4(a).
The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot outdoor
dining area. Outdoor dining is permitted in the (DSP) Zone and no additional off -
street parking spaces are required for areas less then 200 square feet. The new
bakery and cafe with outdoor dining area meets all the development standards of
the (DSP) Zone and the required parking will be provided in compliance with (DSP)
§ VII.10 that allows existing buildings with permitted uses to change in use without
providing additional on -site parking spaces.
The previous retail use of the lease area required one (1) parking space for every
300 square feet of net floor area. The new bakery and cafe would require one (1)
space for every 250 square feet of non - dining areas and one (1) space for every 75
square feet of indoor or outdoor dining area. No additional parking spaces would be
required for the change in use, as allowed by (DSP) § VII.10 that permits the
conversion of existing downtown buildings to restaurant without additional parking.
In this case, the restaurant is located on the ground floor of a public parking
structure that will provide ample access to customer parking.
2
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0 /
�Yn
AT.�4.
a, in5=.'4.
W
Indoor Service Area
2,800 SF
0 seats
Indoor Dining Area
893 SF
40 seats
New Front Outdoor
199 SF
8 seats
Dining Area
Total
3,892 Net SF
48 seats
The zoning for the site is Grand Avenue District (GAD) within the Downtown Specific
Plan. Restaurants are a permitted use in this Zoning District in accordance with
Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed use (on -site sale and
consumption of beer and wine at a bakery and cafe) requires an Administrative Use
Permit in accordance with DSP § VI E.4(a). The proposed use (sale of alcohol at a
bakery and cafe with a combined total of 1,985 square feet of interior and outdoor
dining area), requires an Administrative Use Permit in accordance with DSP § VI
E.4(a).
The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot outdoor
dining area. Outdoor dining is permitted in the (DSP) Zone and no additional off -
street parking spaces are required for areas less then 200 square feet. The new
bakery and cafe with outdoor dining area meets all the development standards of
the (DSP) Zone and the required parking will be provided in compliance with (DSP)
§ VII.10 that allows existing buildings with permitted uses to change in use without
providing additional on -site parking spaces.
The previous retail use of the lease area required one (1) parking space for every
300 square feet of net floor area. The new bakery and cafe would require one (1)
space for every 250 square feet of non - dining areas and one (1) space for every 75
square feet of indoor or outdoor dining area. No additional parking spaces would be
required for the change in use, as allowed by (DSP) § VII.10 that permits the
conversion of existing downtown buildings to restaurant without additional parking.
In this case, the restaurant is located on the ground floor of a public parking
structure that will provide ample access to customer parking.
2
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0 /
The following chart is the parking analysis for the proposed uses:
, s
The proposed bakery and cafe dining hours of operation are: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday through
Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food service
would be available in the indoor and outdoor dining area during the hours of
operation. No amplified sound or live entertainment is proposed for the outdoor
dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
3
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074
""PARKING RATIO
Existing Retail Area
3,693 SF — 1 Space /300 SF
12 Parking Spaces
New Bakery and
Cafe Non Dining
1,800 SF — 1 Space /250 SF
7 Parking Spaces
Area
New Bakery and
Cafe Indoor Dining
893 SF — 1 Space /75 SF
12 Parking Spaces
Area
New Front Outdoor
199 SF — 1 Space /75 SF for
0 Parking Spaces for the First
200 SF of Outdoor Dining Area; 0
Dining Area
area greater than 200 SF
Parking Spaces Required
19 Parking Spaces Required for
New Bakery and Cafe
(12 Parking Spaces Provided —
Total
3,892 Net SF
for previous permitted
commercial retail use)
(No additional Parking Spaces
are Required Pursuant to
(DSP ) § VII.10
Note: Pursuant to El Segundo Municipal Code §15- 15 -2.G, fractional spaces are rounded to the nearest
whole number.
The proposed bakery and cafe dining hours of operation are: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday through
Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food service
would be available in the indoor and outdoor dining area during the hours of
operation. No amplified sound or live entertainment is proposed for the outdoor
dining area.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
III. ENVIRONMENTAL DETERMINATION
The proposed project is categorically exempt from the requirements of the California
3
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074
Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §
15301 as a Class 1 categorical exemption (Existing Facilities). The project includes
an alcohol license for an existing commercial lease space which results in a minor
alteration in the operation of an existing building. The project is not anticipated to
have any significant impacts with regard to traffic, noise, air quality, or water quality.
There are adequate utilities and public services to serve the project.
IV. INTER - DEPARTMENTAL COMMENTS
The project applications and plans were circulated to all the relevant City
Departments and are attached to this report.
V. RECOMMENDATION
Receive and File the Director's approval of the Administrative Use Permit.
VI. EXHIBITS
A. Administrative Use Permit Approval Letter, dated August 30, 2011
B. Administrative Use Permit application
C. Plans
Prepared by: Maria Baldenegro, Assistant Planner
Kimberly Christensen, AICP, Planning Manager
Department of Planning & Building Safety
Gre rpent , Director
De ment of Planning & Building Safety
4
PAPlanning & Building Safety\0 Planning - Old \PROJECTS (Plan ning) \926- 950 \EA - 933 \EA- 933.PCsr.doc
67;
Planning & Building Safety Department
August 30, 2011
David Schat
Elected Officials:
Schat's Bakery Cafe
Eric K. M
Mayor
131 West Grand Avenue, Suite A
Bill Fisher,
Mayor Pro Tem
El Segundo, CA 90245
Carl Jacobson,
Council Member
Don
RE: Environmental Assessment No. EA -933 and
Council Member
Suzanne Fuentes,
Administrative Use Permit (AUP) No. 11 -08
Council Me
Cindy
To allow the sale of beer and wine for on -site consumption (Type 41
City Clerk
Ralph
Alcoholic Beverage Control License) at a new bakery and cafe
rea
Citty y Treasurer
( Schat's Bakery Cafe).
Appointed officials:
Address: 131 West Grand Avenue, Suite A
Doug Willmore,
City Manager
Mark D. ley,
Dear Mr. Schat:
City tyAtto Attorney
This letter is to inform you that, in accordance with El Segundo Municipal
Department Directors:
Code ( "ESMC ") Chapter 15 -22, the Planning Division reviewed your
Deborah Cullen, a /Human Resources
application for the above - referenced project and the Director of Planning
Kevin
and Building Safety APPROVED Environmental Assessment No. EA -933
De
and Administrative Use Permit (AUP) No. 11 -08 for the sale of beer and
Library Services
GrPlanning
wine for on -site consumption at a new bakery and cafe at 131 West Grand
and Building
Safety /EconomlcDev.
Avenue, Suite A. The Administrative Use Permit approval includes a 199
Mitch Tavera,
Police Chief
square -foot outdoor dining area at the front of the building and an 893
Stephanie Katsouleas,
Public Works
square -foot interior dining area. The following are the findings and facts in
Robert Cummings,
Recreation & Parks
support of each finding for this decision:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
www.elsegundo.org
Environmental Assessment No. 933
Finding 1
The proposed project is categorically exempt from the requirements
of the California Environmental Quality Act ( "CEQA ") pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities) and pursuant to 14 California Code
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310)322 -4167
of Regulations § 15303 as a class 3 categorical exemption (New
Construction or Conversion of Small Structures).
Facts in Support of Finding 1
1. The applicant requests approval to allow the sale of beer and wine at a
new 3,854 square -foot bakery and cafe that will include a new 199
square -foot outdoor dining area at the front of an existing building. The
project results in a minor alteration in the operation of an existing
building involving a minor expansion of the existing commercial use.
The request is to allow the sale and consumption of alcohol in both the
interior 893 square -foot dining area and new 199 square -foot outdoor
dining area. The project is not anticipated to have any significant
impacts with regard to traffic, noise, air quality, or water quality. There
are adequate utilities and public services to serve the project. The
property is in an urbanized area where it has adequate access and all
public services and facilities are available. In addition, the site is not in
an area that is environmentally sensitive. Therefore, the project is not
anticipated to have any significant impacts with regard to traffic, noise,
air quality or water quality.
Administrative Use Permit 09 -01
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide the sale of beer and wine (Type 41 ABC
License) for on -site consumption at a new bakery and cafe with a new outdoor
dining area at the front of the building. The interior lease space for the new
bakery and cafe is 3,854 square feet in net floor area. The applicant proposes a
new 199 square -foot outdoor dining area at the front of the building and an 893
square -foot interior dining area within the commercial lease space for the bakery
and cafe. The applicant proposes a combined total of 48 seats. No outdoor
entertainment is proposed. The sale of alcohol in the indoor dining area will be
limited to 12:00 a.m. and the outdoor dining area will be limited to 10:00 p.m.
2. The site is located in the Grand Avenue District (GAD) Zone within the Downtown
Specific Plan (DSP) of the block bordered by Holly Avenue to the north, Main
Street to the east, Richmond Street to the west, and Grand Avenue to the south.
679
2
3. The bakery and cafe is compatible with the surrounding land uses which include
commercial retail, restaurant, office uses, a parking structure and residential
uses.
4. The General Plan land use designation for the site is Downtown Specific Plan.
5. The zoning for the site is Grand Avenue District (GAD) within the Downtown
Specific Plan (DSP). Restaurants are a permitted use in this Zoning District in
accordance with Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed
use (on -site sale and consumption of beer and wine at a bakery and cafe)
requires an Administrative Use Permit in accordance with DSP § VI E.4(a). The
proposed use (sale of alcohol at a bakery and cafe with a combined total of 1,985
square feet of interior and outdoor dining area), requires an Administrative Use
Permit in accordance with DSP § VI E.4(a).
6. The bakery and cafe must obtain a State of California Alcohol and Beverage
Control (ABC) license for on -site sale and consumption of alcohol (Type 41).
7. On September 8, 2011, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request.
Finding 2
The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
The General Plan land use designation for the site is Downtown Specific Plan.
2. The zoning for the site is Grand Avenue District (GAD) within the Downtown
Specific Plan. Restaurants are a permitted use in this Zoning District in
accordance with Downtown Specific Plan (DSP) § VI E.2(a)(ii). The proposed
use (on -site sale and consumption of beer and wine at a bakery and cafe)
requires an Administrative Use Permit in accordance with DSP §VI E.4(a). The
proposed use (sale of alcohol at a bakery and cafe with a combined total of 1,985
square feet of interior and outdoor dining area), requires an Administrative Use
Permit in accordance with DSP §VI E.4(a).
3. The Grand Avenue District is intended as a pedestrian- oriented mixed -use center
of community- serving retail, office, community gathering and open space. The
sale of alcohol at a new bakery and cafe is a community serving retail use for the
local residents, local employees, and visitors to the city. The proposed use is
consistent with the zone in that it serves residents, local employees, and visitors
in a pedestrian- oriented ground floor level of an existing commercial building
within the Downtown Specific Plan.
GI 17 8
4. The proposed use is consistent with the goals, objectives, policies, and programs
of the Downtown Specific Plan by expanding the neighborhood serving
commercial uses, maintaining the "small town" atmosphere with moderate
density, and improves the business environment of Downtown.
5. The proposed use is consistent with Economic Development Goal ED3 in that it
preserves and improves the business environment and image of Downtown El
Segundo. The proposed use is consistent with Objective ED3 -1 of economic
development in that it contributes to El Segundo's commercial options. The
proposed is consistent with Policy 3 -1.2, 3 -1.3, and 3 -1.5 in that it preserves
Downtown's economic viability, encourage revitalization efforts Downtown, and
encourage a mix of retail and commercial businesses that stimulate pedestrian
traffic and meet the communities need for changing needs for goods and
services.
6. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses without adversely affecting the viability of Downtown. The proposed use is
consistent with Objective LU4 -2 in that it serves as a focal point for the social
environment of the community. The proposed use is consistent Policy LU4 -2.1 as
it revitalizes and upgrades commercial areas, making them a part of a viable,
attractive and people- oriented commercial district.
7. The surrounding land uses include: commercial retail, office, restaurants, a
parking structure and residential uses. The proposed restaurant use is
compatible with the surrounding uses. Other restaurants in the same district have
alcohol licenses for the sale of beer and wine.
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The new bakery and cafe is located in the Downtown Specific Plan (DSP) Zone
within the Grand Avenue District (GAD) and includes a new 199 square -foot
outdoor dining area. The new bakery and cafe with outdoor dining area meets all
the development standards of the (DSP) Zone and the required parking will be
provided in compliance with (DSP) § VII.10 that allows existing buildings with
permitted uses to change in use without providing additional on -site parking
spaces.
4
070-
2. The surrounding land uses include commercial retail, office, restaurants, a
parking structure and residential uses. The bakery and cafe is a permitted use
within the Downtown Specific Plan (DSP) Zone and the sale of beer and wine is
permitted with an Administrative Use Permit.
3. The proposed bakery and cafe dining hours of operation is on: Monday through
Sunday from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday
through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. No
amplified sound or live entertainment is proposed for the outdoor dining area.
Finding 4
• Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
1. The sale of alcohol will not create any new impacts that would not be normally
associated with the operation of a bakery and cafe with indoor and outdoor dining
areas.
2. The proposed hours of operation for alcohol sales and the location of the
restaurant will help to minimize impacts on surrounding uses.
3. The proposed bakery and cafe dining hours of operation are: Monday through
Sunday .from 7:00 a.m. to 12:00 a.m. for the indoor dining area and Monday
through Sunday from 7:00 a.m. to 10:00 p.m. for the outdoor dining area. Food
service would be available in the indoor and outdoor dining area during the hours
of operation. In addition, the subject site is accessible to pedestrians from the
surrounding area and the downtown.
4. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from the State of California Department of
Alcoholic Beverage Control (Type No. 41).
0810
5
PLANNING AND BUILDING SAFETY DEPARTMENT DIRECTOR ACTION
Based on these findings and facts in support of these findings, the Planning and
Building Safety Department Director APPROVES the proposed project, subject to the
following conditions:
1. The proposed hours of operation are: Monday through Sunday from 7:00 a.m. to
12:00 a.m. for the indoor dining area and Monday through Sunday from 7:00 a.m.
to 10:00 p.m. for the outdoor dining area. Food service must be available at the
bakery and cafe in the indoor and outdoor dining area during the hours of
operation. Any change to the hours of operation or the hours that alcohol may be
served is subject to review and approval by the Director of Planning and Building
Safety.
2. The seating for the bakery and cafe must be limited to 8 seats in the new outdoor
dining area, 40 seats in the indoor dining area for a combined total of 48 seats at
the subject site.
3. Any subsequent modification to the project as approved, including the floor plan
and areas where alcohol will be served, and /or the conditions of approval must
be referred to the Director of Planning or designee and Building Safety for
approval and a determination regarding the need for Planning Commission
review of the proposed modification.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23300 et seq.). The
applicant must obtain and maintain a Type 41 license.
5. The bakery and cafe operations must comply with ESMC §§ 7 -2 -1, et seq.
regulating noise and vibration.
6. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55 et seq.
8. The applicant must post a sign in a clear and conspicuous location listing a
phone number at which a responsible party may be contacted during all open
hours of the establishment to address any concerns of the community regarding
C1 1
A.
z
noise in the restaurant, patio and parking lot. Said contact's name and phone
number must also be available through the restaurant staff at all times.
9. The applicant must, at all times, display a Designated Driver sign of at least
ten inches by ten inches (10" X 10 ") in the restaurant dining areas at eye level.
The sign must be worded in a way that reminds patrons who are consuming
alcohol to designate a non - drinking driver.
10. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages which are clearly
visible to the exterior must constitute a violation of this condition.
11. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
12
13
Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Inglewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the Planning
Manager's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people and are cleared of
patrons and their vehicles one -half hour after closing.
7 �`�
14. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the restaurant, and patio, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
15. The outdoor dining areas containing seating must comply with ESMC § 15 -2 -16.
16. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
17. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
18. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 933 and Administrative Use Permit No. 11 -08. Should the City be named in
any suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of the City approval of EA -933 or AUP
11 -08, the Applicant agrees to defend the City (at the City's request and with
counsel satisfactory to the City) and will indemnify the City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For purposes
of this section "the City" includes the City of El Segundo's elected officials,
appointed officials, officers, and employees.
PLANNING COMMISSION
Please be advised that this does not conclude the review process. This determination
will be transmitted to the Planning Commission at its September 8, 2011 meeting with
the recommendation that the Planning Commission Receive and File the determination.
The City Council will determine whether or not to protest the issuance of the ABC
License (Type 41) at its meeting on September 20, 2011.
If you have any questions regarding this project, please contact Maria Baldenegro,
Project Planner, at (310) 524 -2341.
Sincergly,
Gre rpeler, Director
De ment of Planning and Building Safety
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Plan ning) \926- 950 \EA - 933 \EA- 933.AUP.letter.doc
8 l�$.
01'r Y Off,
C SE U �4 "Or. Seg E
PLANNING L vl'glos':
Planning and Building Safety
350 Main Street
El Segundo, CA 90245
(310) 524 -2344; FAX: (310) 322 -4167
www.elseg_undo.org
APPLICATION FOR AN ADMINISTRATIVE USE PERMIT
Environmental Assessment No: AUP No: / / —a t
Applicant:
I)A\f) D 5C-PAJT - 5a4AT1s LLC
Name (print or type)
15 t A- tom. Cam? ANA Ail
Address
G L �E�ur•s DO , c A �C a2q 5
City /St/Zip
Date: /D !/
310 -1349- 070Z 888.5bia-74M-
Phone
Fax
C_ a -5OCA . rr. C,,OKA .
Email—"'----, r s, 1 1 _
Signature
Check One: Owner ❑ Lessee 0 Agent ❑
Property Owner:
V 01-I e -N y �--L. <—
G12- Twl &f Pot w t\1 to S 4 L L C
Name (print or type)
87(e '& �Cq
Address
m Xtit N AIrA r`1 8 CIN Ci0744
City /St/Zip
`310 -5V6 -5)51 3 1 „5y6 -767 ,
Phone Fax
��� LiCS t•n � �llc:Lcs�M�t i �r , Coa
Em '
Signature
Representative of applicant: (i.e., attorney, expeditor, etc.)
µ(&
N me (print or type)
Address
City /St/Zip
EA -933; AUP 11.08
131A W. Grand Ave.
Phone
Email
Signature
Fax
Architect/Engineer:
FV -A+iV. GL )44 --
Name (print or type)
2 M&It1 5T
Address
V-1_ 5EF6,Vi,4b0 CA- 2,4 -6
City /St/Zip
MID 322 -0022 31D -322- 5322
Phone Fax
��� 5 a a a rcL� 4 CC[Qse , COW .
Email
Signature
Property situated at: .5io u'r4 BAST Co �I EK- of PQ P-Ki rs CC ST "Cru ?-z
(Exact legal description. Provide attachment, if necessary).
General location: 131IN ePAf-AD Ay E between ni A ► ti! '- P1 CFA- WI 0/-4 �7
Address (Street/Avenue (Street /Avenue)
Zoning: General Plan Land Use Designation:
El Segundo Municipal Code Sections Relating to Request:
Request: Under the provisions of Section 15 -22 -3 of the El Segundo Municipal Code, application for
consideration of an Administration Use Permit for the above described property.
Describe in detail the entire proposed project (type of construction, materials to be used, uses involved, i.e.,
bank, general office, industrial, restaurant, etc.) buildings, and other equipment necessary to the project.
$AKG?`{ D e I-1 5001 I r4& 8a � D GOODS , -SAM Dw t C14G s
�o ELNi ora PeiN41 GAS o f- 7T—D Coo . E7E C:P- -A- N rz'
5C?-\fei FOE. 'D I J IZ aA QN I--(
Describe the existing development on the site (include square footages and uses of each building).
CoCOD 1 U FF -�� v 9A.�tT_ 60 LA, SC N t CE 1?- 66,,FA Q R4NL
DON-OST DF'FI CIF 2i-k4T1"SI_ s�e.4 t C-E `a
CoOt-E s M A, �K-�'i -- FO L-L- a M e 'Su ?�rfU� .6, Q-K ET
C,85
3. Explain in detail why this particular site is especially suited for the proposed development and how it is
compatible with the purpose of the zone.
Tit E Gib o'!i EL Sez-_.vN DO L ALK� A- P._'TAi L i ;,twe_ �
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QF110MZ.
4. Describe how the proposed project relates to the development of adjacent properties and the immediate
area and will not have detrimental effects to the adjacent properties or neighborhood.
OVL ?RODuC-T �F'F tsCoS DRAv� �N U�1ti3ise -Dt.�/ Y1A0gl�E
5. Describe the requested hours of operation of the proposed use /uses. Please list hours for each use if there
are multiple uses on the site. If the application is for an alcohol permit, please also clarify if any
entertainment is proposed and what are the requested hours of entertainment.
WAX a I ►. M
6. If the application is for an alcohol permit, please list the type of alcohol license you are requesting (i.e., Type
41, On -site Sale and Consumption of beer and wine).
LM
G 8 6
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
I, We 8c>r �_,r— 5 . �_ (- C_ being duly sworn depose and say that I /we
the OWNER of the property involved in this application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of my /our knowledge and belief.
Signature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his day of ,20 , before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the person whose name
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
subscribe to the within
Notary Public in and for said County and State
087
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Las &aglez
On �j AA _ before me, `CA Y. h 4� "11rY b�iC
Date Here Insert Name and T e of the Oflicer
personally appeared t1 k �� New "O'A i
Name(s) of Signer(s)
NK)NICA ly NIAKONNEN
Commission # 1854054
Notary Public - Californis
Los Angeles County
it Comm. luires Jun 14, 2013
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is/ e
subscribed to the within instrument and acyow ledged
to me that he/4/Ky executed th4 same in
his /t�&/Keir authorized capacity�ieSj, and that by
his /Vrr /thdir signaturej,4'j on the instrument the
perso%K, or the entity upon behalf of which the
perso ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: "Aa-
Place Notary Seal and /or Stamp Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date:
ument
owdef:�
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
4
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
02008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org
Item #5907 Reorder: Call Tall -Free 1.800- 876 -6827
X188
NOTE: Separate Affidavits must be submitted if there are multiple owners.
OWNER'S AFFIDAVIT
�j C-
1, We U lb �. N �, ��� C \t, being duly sworn depose and say that I /we
the OWNER of the propertyYnvolved in thi? application and that I /we have familiarized myself (ourselves)
with the rules and regulation of the City of El Segundo with respect to preparing and filing this application
and that the foregoing statements herein contained and the information documents and all plans attached
hereto are in all respects true and correct to the best of mylour knowledge and belief.
ignature Date
STATE OF CALIFORNIA, )
County of Los Angeles )ss.
On his day of 20 before me, the undersigned Notary Public
in and for said County and State, personally appeared
known to me to be the person whose name subscribe to the within
instrument, and acknowledged to me that he /she executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
t18'q
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Iju P'9 eleg
On >0 2M ) I before me, ��r�i 41 y 044iii,,I d ", �1J� Ii (-
Date t Here Insert Name and Title of the Officer
personally appeared ;P.triZ
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose namex is/
subscribed to the within instrument and ackn6wledged
to me that he /s,?(�e/tKy executed the same in
MONICA Y. MAKONNEN his /h�K!tKir authorized capacity, and that by
Commission # 1854054 Z his /hy /tVl5ir signatureK on the instrument the
Notary Public • California > person, or the entity upon behalf of which the
Los Angeles County person,,_ acted, executed the instrument.
My Comm. Expires Jun 14, 2013
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
il
Signature: ,/ r `,a,
Place Notary Seal and /or Stamp Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document , I ,p� ' ,
Title or Type of Document: _&Pi ;cAa i4 mg,, AAi �4dn; oj i$','1fa� YG Use o-o-414
Document Date:
QvjAdv.i WadlWri-
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual M
❑ Partner-0 Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
i i;0
OWNER'S AUTHORIZATION
I hereby authorize to act for me in all matters relevant to this
application. I understand that this person will be the primary contact on the project and will be sent all
information and correspondence.
Owner's Signature
APPLICANT AFFIDAVIT
Date
I, We -DQ14 1 D SC.NAT — JL.iI=C am (are) the APPLICANT(S)
of the property involved in this application; I (we) have familiarized myself (ourselves) with the rules and
regulation of the City of El Segundo with respect to preparing and filing this application; and the information
documents and all plans is true and correct to the best of my (our) knowledge and belief.
<- �t <a L--�-
Applicant's Signature
5
Date
091
Procedures for filing application
Submit the application with the signatures of the owner /owners of the property owner(s) and applicant(s)
to the Planning Division along with the following documents:
1. Submit the properly completed application to the office of the Planning Division. Signature of the
owner, owners, lessee, and /or agent shall be notarized before a Notary Public.
2) File application property completed in the office of the Planning and Building Safety Dept. along
with completed Initial Study Applicant Questionnaire. Signature of the owner /owners, lessee (if
applicant), and /or agent shall be required on all applications.
3. Applicant shall provide all information, drawings, and other materials as requested by the
Planning
Department as indicated.
4. Pay filing fee. (see fee schedule)
5. Applicant and affected property owners will be notified of time of hearing.
6. Applicant must be present at the hearing and may offer additional evidence to support his /her
support.
7. There shall be an additional fee for filing an appeal.
8. A map of all properties within a 300 -foot radius of the subject property, keyed to a list of names and
address of the current property owner(s). Planning Staff can assist in the preparation of the radius
map. The names and addresses of the property owner(s) can be obtained by contacting: Los Angeles
County Assessors Office, 24330 Narbonne Avenue, Lomita, California. Phone number: (310) 534-
6100.
9. Certification that the names and addresses provided are those of the property owner(s) currently
listed in the latest available Tax Assessor's records. (Your hearing may be delayed if an excessive
number of notices are returned).
10. Unaddressed business envelopes with no return address, stamped with first class postage, of
sufficient number to contact every property owner within the 300 -foot radius map. The subject
property owner(s), the applicant(s), and any other interested party which the applicant wants notified
(sufficient for two mailings).
11. Two sets of adhesive mailing labels and one copy of a list of names and addresses, both keyed
into the radius map in item #1 with the names and addresses of every person indicated in item
#3.
12. "Provide eight (8) sets of plans (site plans, floor plans, and elevations), p a itle report (new
y construction only), and all other information request by the Planning Div' ion. All p s must be
folded to a maximum of 8 %2" x 11 ".
13. Signature page of application must be notarized, as noted on the fee schedule.
14. Pish and Game Document Handling fee - $75.00 (all projects). County of Los Angeles Public
--- --Haring Notice posting fee - $75.00 (for projects with an Initial Study and Negative Declaration.
Mitigated Negative Declaration, or Environmental Impact Report. Not required for projects which
are exempt from CEQA). Two separate checks, each made payable to the County of Los
nc��
Angeles.
15. Any other information as determined necessary by the Director of Planning and Building Safety.
16. Applicant will be notified within five (5) working days as to the completeness of application.
17. The Director of Planning and Building Safety will approve or deny the application within ten (10)
working days from the date the application is deemed complete.
18. The Director's decision will be set for the next available agenda of the Planning Commission
meeting as a receive and file item, and noticed through the Public Notice process. Any Planning
Commission may request that an item be discussed. The decision of the Director is not final until
received and finaled or acted upon by the Planning Commission or upheld on appeal.
Date Received: / ; 4 l / EA No:
Planner: (print name) 4 R CS'Z,� AUP No: �—
Signature: Fee Paid: a,6'�`--
Rev. 03 -01 -07
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a request for an Alcoholic Beverage Control (ABC)
license for the on -site sale and consumption of alcohol for a new restaurant within the Hyatt
Place Hotel (Type 47 On -sale General for Bona Fide Public Eating Place) located at 750 North
Nash Street. Applicant: Michael Gallen, OTO Development. (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Receive and file this report without objecting to approval of a Type 47 ABC license (On -sale
General for Bona Fide Public Eating Place) for a new restaurant within a hotel at 750 North
Nash Street; and /or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Crime and Arrest Statistics by Reporting Districts (RD)
2. Police Reporting Districts Map
3. Planning Commission Staff Report, dated April 28, 2011
4. Administrative Use Permit Letter, dated April 21, 2011
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Planning and Building Safety Director
APPROVED BY: Doug Willmore, City Manager AA,,-J
BACKGROUND AND DISCUSSION:
I. Background
In 1995, the City Council directed staff to bring all future ABC licenses to it for review. For
alcohol sales at retail establishments, California regulations require a 30 -day review and
comment period after notifying local police and planning departments. The grounds of a protest,
if any, should relate to public health, safety or welfare concerns. Based upon previous Council
direction, staff is providing background information regarding this application.
II. Analvsis
According to the Crime and Arrest statistics report prepared by the Police Department, the
a
1 09
proposed hotel restaurant is located in Reporting District (RD) 307. Based on the July —
December 2010 reported data prepared by the Police Department, the district had a total of two
Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -
theft, motor vehicle theft and arson) and 1 Part II crimes for a total of 3 crimes. Additionally,
since the application was received and filed by the Planning Commission in April 28, 2011, the
Police Department has issued January -June 2011 Crime and Arrest statistics. Based on those
reported data, the district had a total of one Part I crime and one Part II crime for a total of two
crimes. The Reporting District is not considered a high crime area and the Police Department
and the Planning and Building Safety Department do not object to the issuance of a Type 47
ABC license at the restaurant.
The proposed location of the project is currently vacant. It is part of the larger Corporate Campus
Specific Plan mixed -use complex of commercial offices and retail project (Environmental
Assessment EA -548) approved by the City in 2001. A Hyatt Place hotel is planned for
construction on the site. A restaurant with alcohol service and outdoor dining is proposed as
accessory uses to the hotel. Alcohol would be served in the Cafe /Bar area within the restaurant.
The alcohol may be consumed in the restaurant, the adjacent outdoor main patio, meeting room,
and an outdoor meeting room patio. These areas total approximately 6,875 square feet with
approximately 1,850 square feet located outdoors. No poolside service and room service of
alcohol is proposed. The indoor dining areas and main patio area will operate 24 hours a day
serving food and beverages. The proposed uses are located on the first floor of the 5 -story hotel.
The outdoor main patio area will be enclosed by a 3 -foot to 6 -foot decorative wall and fence.
Alcohol service is proposed daily between 7 a.m. to 12 a.m.
On April 21, 2011, the Director of Planning and Building Safety approved an Administrative Use
Permit application (EA No. 906 and AUP No. 11 -01) for 750 Nash Street. The Director's
decision was forwarded to the Planning Commission on April 28, 2011. On April 28, 2011 the
Planning Commission chose to Receive and File the item with the conditions of approval. Staff
postponed bringing this item before the City Council pending the conclusion of a concurrent
request to modify a condition of approval for the Corporate Campus Specific Plan to allow
alcohol service for hotels from 7 a.m. to 2 a.m. daily. The condition modification request was
approved by the City Council on August 16, 2011 and became effective on September 15, 2011.
The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete
background check on all alcohol license applicants, as well as conducting site inspections, before
issuing any type of alcohol license.
III. Conclusion
Planning staff recommends that the Council receive and file this report without objecting to the
issuance of a Type 47 ABC license for the hotel restaurant at 750 Nash Street.
PA\Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925\EA- 906 \EA -906 AUP I 1 -01 750 Nash Street CC sr.do.c
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EL SEGUNDO POLICE DEPARTMENT
PART I AND PART II CRIMES STATISTICAL REPORT
REPORTED PERIOD: JULY — DECEMBER, 2010
HIGH CRIME AREA BY REPORTING DISTRICT
REPORTING
DISTRICT
103 1
PART I CRIMES PART II CRIMES TOTAL
4 8 12
105
3 11 14
106
0
7 7
108
7
13 2
109
3
5 8
110
1
3 4
111
4
5
1
14 19
10 11
115
2
8 10
116
1
7
201
10
9 19
203 4
9 13
204 2
15 17
205 5
16 21
206 3 14 17
213 0 4 4
214 1 0 1
301 5
10 15
02
1
5
6
303
0
14
14
04
1 0
9
9
305
0
12
12
6
3
6
9
307
2
1
3
309
4
4
8
10
2
5
7
311
3
7
10
312
2
4
6
313
0
0
0
314
1
8
9
315
0
12
12
16
1 3
5
317
1 4
10
14
321
0
5
5
322
0
4
4
323
0
4
4
TOTALS
290
64
0
Number of Reporting Districts = 53
Total Part I Crimes and Part II Crimes =
City Average for all Reporting Districts (930 / 53) = 18
Records /eg Page 1 2/3/2011
EL SEGUNDO POLICE DEPARTMENT
Records /eg Page 1 8/3/2011
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CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: April 28, 2011
SUBJECT: Environmental Assessment EA No. 906,
Conditional Use Permit CUP No. 11 -01, and
Administrative Use Permit AUP No. 11 -01
APPLICANT:
Michael Gallen, OTO Development
PROPERTY OWNER: TPG -EI Segundo Partners, LLC
REQUEST: A Conditional Use Permit for outdoor dining and
an Administrative Use Permit request to allow the
on -site sale and consumption of alcohol in
conjunction with a hotel restaurant
PROPERTY INVOLVED: 750 Nash Street
INTRODUCTION
The proposed project is a request for a Conditional Use Permit to allow outdoor
dining and an Administrative Use Permit to allow alcohol service at the proposed
Hyatt Place hotel. The proposed hours to sell alcohol are daily between 7 a.m.
and 12 a.m. The proposed project is located at 750 North Nash Street in the
Corporate Campus Specific Plan. The property is located on the block bounded
by Maple Avenue on the north, Campus Square West on the east, Nash Street
on the west, and Campus Drive on the south.
II. BACKGROUND
The proposed location of the project is currently vacant and part of the larger
Corporate Campus mixed -use complex of commercial offices and retail approved
by the City in 2001 under EA -548. A Hyatt Place hotel is slated to be constructed
on the site. A restaurant with alcohol service and outdoor dining is proposed as
accessory uses to the hotel. Alcohol will be served in the Cafe /Bar area within
the restaurant. The alcohol may be consumed in the restaurant, the adjacent
outdoor Main Patio, meeting room, and an outdoor meeting room patio. These
areas combined are approximately 6,875 square feet with approximately 1,850
square feet are located outdoors. No poolside service and room service of
alcohol is proposed. The indoor dining areas and Main Patio area will operate 24
hours a day serving food and beverages. The proposed uses are located on the
l
first floor of the 5 -story hotel. The outdoor Main Patio area will be enclosed by a
3 feet to 6 feet decorative wall and fence.
The proposed project site is located in the Corporate Campus Specific Plan. The
applicant plans to apply for either Type 41 (Onsale Beer & Wine — Eating Place)
or Type 47 (Onsale General — Eating Place) Alcohol Beverage Control (ABC)
license. A condition of approval is proposed that the applicant obtain an ABC
license prior to opening the restaurant.
The surrounding land uses are as follows:
Land Uses
Zone
North: Commercial uses Corporate Campus Specific Plan
South: Soccer field Corporate Campus Specific Plan
East: Vacant Corporate Campus Specific Plan
West: Commercial uses Urban Mixed -Use North
III. ANALYSIS
ZONING CONSISTENCY
The following table contains the development standards for the Corporate
Campus Specific Plan.
2
Corporate Campus Specific Plan
Proposed
AUP for alcohol, CUP for outdoor
Accessory on -site sale and
Permitted
dining
consumption of alcohol and
Uses
Corporate Campus Specific Plan
outdoor dining
§V. C and D
Complies
Minimum 10,000 square feet
93,654 square feet.
Lot Area
Corporate Campus Specific Plan §V.
Complies
F2
175 feet max.
Maximum 75.5 feet for the
Height
Corporate Campus Specific Plan §V.
hotel.
F3
Complies.
Hotel:
Front (Maple Avenue): 110
15 feet from adjacent public right-
feet;
of -ways, and private streets;
Side (west): 76 feet;
Setbacks
5 feet for all other interior
Side (east): 20.5 feet;
setbacks.
Rear: 116 feet.
Corporate Campus Specific Plan
Measured to the exterior of
§V. F.4
outdoor patios.
Front (Maple Avenue): 240
feet;
2
Off - street Parking
The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation of the project site is Corporate Campus
Specific Plan. The proposed project is consistent with the Goals and Policies of
the General Plan as specified in the attached Approval Letter and Resolution.
i1b
Corporate Campus Specific Plan
Proposed
Side (west): 76 feet;
Side (east): 5 feet;
Rear: 70 feet.
Complies
• Overall: 197,300 sf
approved office /light
industrial + 18,700 sf
retail + 86,960 sf hotel /
2,025,540 sf site area =
Maximum 1:1; non - office uses not
0.14:1;
to exceed 20% of the total overall
20 %: (18,700 sf retail +
Floor Area
gross square footage
86,960 sf hotel) /
Corporate Campus Specific Plan
(1,740,000 sf office +
§V.F.11
87,000 sf hotel +
100,000 sf light
industrial + 248,000 sf
commercial retail) = 5%
Complies
Walls and
None
Max. 6 feet
Fences
ESMC 15 -5E -7G and 15 -2 -4
Complies
Five percent (5 %) of the at -grade
No new vehicular use area
total vehicular use area must be
is proposed. No new
Landscaping
landscaped.
landscaping is required.
Corporate Campus Specific Plan
Complies
V.F.13
Proposed use is accessory, no
120 parking spaces for the
Parking
additional parking requirements.
hotel use.
Corporate Campus Specific Plan
Complies
§V.F.10
Off - street Parking
The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation of the project site is Corporate Campus
Specific Plan. The proposed project is consistent with the Goals and Policies of
the General Plan as specified in the attached Approval Letter and Resolution.
i1b
ADMINISTRATIVE USE PERMIT
In accordance with ESMC §15 -22 -5, the Planning Commission may grant an
Administrative Use Permit if it determines that the following four findings can be
met:
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the
zone in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
4. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
Planning staff reviewed the application and the Planning and Building Safety
Director made the necessary findings to grant an Administrative Use Permit. The
attached letter specifies all of the required findings for the permit.
CONDITIONAL USE PERMIT
Pursuant to El Segundo Municipal Code §15 -23 -4, the Planning Commission is
authorized to grant a conditional use permit if it makes the three required findings
listed in ESMC §15 -23 -6. The required findings state that: 1) the proposed
location of the conditional use permit is in accord with the objectives of the Title
and the purposes of the zone in which the site is located; 2) the proposed
location of the conditional use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity; and
3) the proposed conditional use will comply with each of the applicable provisions
of this Chapter. Facts in support of said findings are outlined in the attached
resolution of approval.
Staff believes that there is adequate evidence to support the three required
Conditional Use Permit findings subject to the listed conditions of approval in the
attached resolution. The Planning Commission may consider and impose
additional conditions which it deems necessary, if it demonstrates a reasonable
relationship between the condition it desires to impose and the project's impact.
4
IV. INTER - DEPARTMENTAL COMMENTS
The project application and plans were circulated to all departments and all
comments are attached to the report. Staff has incorporated those comments as
conditions of approval where appropriate.
V. ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).
The project includes an Administrative Use Permit to allow the sale of beer and
wine at a proposed restaurant and a Conditional Use Permit for outdoor dining.
The project is not anticipated to have any significant impacts with regard to
traffic, noise, air quality, or water quality. Only minor exterior changes to the
previously approved hotel are proposed. Moreover, the project is proposed to be
built on a site of not more than five acres surrounded by urban uses. Further, the
site has no value as habitat for endangered, rare, or threatened species. There
are adequate utilities and public services to serve the project.
VI. RECOMMENDATION
Planning staff recommends that the Planning Commission Receive and File
Administrative Use Permit No. 11 -01 and adopt Resolution No. 2693 approving
Environmental Assessment No. EA -906 and Conditional Use Permit CUP No. 11-
01.
VII. EXHIBITS
A. Draft Resolution No. 2693
B. Administrative Use Permit Approval Letter, dated April 21, 2011
C. Interdepartmental Comments
D. Site Plan /Floor Plan
Prepared by: Bryan Fernandez, Assistant Planner
Paul Samaras, Acting Planning Manager
Planning and Building Safety Department
Greoarperfter, Director
Planning and Building Safety Department
PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning) \901- 925\EA 906\EA -906 AUP 11 -01 CUP 11-01750 Nash Street. PC
SR.doc
5 1
RESOLUTION NO. 2693
A RESOLUTION APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA -906 AND CONDITIONAL USE PERMIT CUP NO. 11-01 TO ALLOW A
1,850 SQUARE -FOOT OUTDOOR DINING AREA IN CONJUNCTION
WITH A HOTEL RESTAURANT AT 750 NASH STREET.
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Commission finds and declares that:
A. On January 20, 2011, Michael Gallen on behalf of OTO Development filed an
application for Environmental Assessment No. EA -906, Conditional Use
Permit No. 11 -01 to allow the construction and operation of a new 1,850
square -foot outdoor dining area for a proposed Hyatt Place hotel restaurant
located at 750 Nash Street;
B. The application was reviewed by the City's Planning and Building Safety
Department for, in part, consistency with the General Plan and conformity with
the El Segundo Municipal Code ( "ESMC ");
C. In addition, the City reviewed the project's environmental impacts under the
California Environmental Quality Act (Public Resources Code §§ 21000, et
seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations 015000, et seq., the "CEQA Guidelines "), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted March
16,1993);
D. The Planning and Building Safety Department completed its review and
scheduled a public hearing regarding the application before this Commission
for April 28, 2011;
E. On April 28, 2011, the Commission held a public hearing to receive public
testimony and other evidence regarding the application including, without
limitation, information provided to the Commission by Michael Gallen; and
F. The Commission considered the information provided by City staff, public
testimony, and Michael Gallen. This Resolution, and its findings, are made, in
part, based upon the evidence presented to the Commission at its April 28,
2011 public 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 following
facts exist:
A. The subject site is located in the Corporate Campus Specific Plan at 750
Nash Street.
119
B. The subject site is bounded on the south by Campus Drive, on the west by
Nash Street, on the north by Maple Avenue, and on the east by Campus
Square West.
C. The subject site is currently a vacant 93,654 square feet lot that is approved
for a hotel. The subject site is part of the much larger 46.5 -acre mixed -use
commercial complex of Corporate Campus Specific Plan.
D. The subject site will have 120 parking spaces. Since the outdoor dining is an
accessory use to the operation of the hotel and the dining areas are geared
primarily for the guests of the hotel, no additional parking is required.
E. A Conditional Use Permit is required for outdoor dining areas which exceed
200 square feet or 20% of the indoor dining area, whichever is less, pursuant
to ESMC §15- 5F -5(H).
F. The proposed outdoor dining area is approximately 1,850 square feet.
SECTION 3: Environmental Assessment. The proposed project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing
Facilities). The project includes an Administrative Use Permit to allow the on -site sale and
consumption of alcohol at a proposed restaurant and a Conditional Use Permit for outdoor
dining. The project is not anticipated to have any significant impacts with regard to traffic,
noise, air quality, or water quality. Only minor exterior changes to the previously approved
hotel are proposed. Moreover, the project is proposed to be built on a site of not more than
five acres surrounded by urban uses. Further, the site has no value as habitat for
endangered, rare, or threatened species. There are adequate utilities and public services to
serve the project.
SECTION 4: General Plan Findings. The proposed project conforms to the City's General
Plan as follows:
A. The El Segundo General Plan land use designation for the property is
Corporate Campus Specific Plan. This designation permits a mixture of
office, research and development, retail, restaurants and hotel uses. Outdoor
dining areas in conjunction with a restaurant that exceed 200 square feet or
20% of the indoor dining area, whichever is less, are permitted in the
Corporate Campus Specific Plan with approval of a Conditional Use Permit.
B. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use is
consistent with these goals since it expands quality retail service facilities in
proximity to major employment centers, it is economically viable,
environmentally safe, it provides a stable tax base and it minimizes any
negative impact in the City.
i�
2
C. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new
commercial uses, primarily within a mixed -use environment, without adversely
affecting the viability of Downtown.
D. The proposed use is consistent with Land Use Element Objective LU4 -1 in
that it promotes the development of high quality retail facilities in proximity to
major employment centers.
E. The proposed use is consistent with Land Use Element Objective LU4 -4 in
that it adds to the mixture of uses, which has the potential to maximize
economic benefit, reduce traffic impacts, and a encourage pedestrian
environment.
F. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed on -site sale and consumption of alcohol will be
compatible with the surrounding uses.
SECTION 5: Conditional Use Permit Findings. After considering the above facts, the
Commission finds as follows:
A. The proposed location of the conditional use is in accord with the objectives of
this Title and the purposes of the zone in which the site is located.
The zoning designation for the subject site is Corporate Campus Specific
Plan. This zone allows outdoor dining areas which exceed 200 square feet or
20% of the indoor dining area, whichever is less, subject to the granting of a
conditional use permit pursuant to §V. C and D of the Corporate Campus
Specific Plan. The size of the outdoor dining area is appropriate to its location
as it will be incidental to the hotel restaurant. The permitted uses in the zone
are a mixture of commercial, office, research and development, retail,
restaurant and. hotel uses. The subject site is currently vacant but is
approved for a hotel. Businesses located within this Specific Plan are
encouraged to provide street level uses which allow for, and facilitate,
pedestrian activity for area workers and visitors. The outdoor dining area in
support of the existing restaurant is in accord with the principal objectives of
the zone.
B. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements
in the vicinity.
The proposed location of the conditional use is adjacent to the proposed hotel
building. The larger outdoor Main Patio is located on the north -side facing the
rear of the property and the outdoor meeting room area is located on the
westside facing Nash Street. The two outdoor areas are connected by the
4. i.
3
indoor restaurant and the meeting room. No particular use is adjacent or near
the proposed outdoor dining area that could be impacted by the operation of
the outdoor dining area. The area is surrounded by a mix of commercial
offices, soccer field, and other restaurants. Outdoor dining activities are not
anticipated to be detrimental to adjacent businesses and no residential uses
are located in the vicinity. Accordingly, the proposed location of the
conditional use and the conditions under which it would be operated or
maintained will not be detrimental to the public health, safety or welfare, or
materially injurious to properties or improvements in the vicinity.
C. That the proposed conditional use will comply with each of the applicable
provisions of this Chapter.
The proposed conditional use complies with the applicable provisions of
ESMC Chapters 15 -23 and 15 -27 since proper notice was provided and
proper hearing is scheduled for April 28, 2011. In addition, proper hearing
decision and records will be complied with, and the required findings will be
considered. The proposed project meets all of the current ESMC
requirements.
SECTION 6: Approval. Subject to the conditions listed on the attached Exhibit "A," which
are incorporated into this Resolution by reference, the Planning Commission approves
Environmental Assessment No. EA -906 and Conditional Use Permit No. 11 -01.
SECTION 7: This Resolution will remain effective unless superseded by a subsequent
resolution.
SECTION 8: The Commission Secretary is directed to mail a copy of this Resolution to
OTO Development c/o Michael Gallen and to any other person requesting a copy.
SECTION 9: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time period.
Failure to file a timely written appeal will constitute a waiver of any right of appeal.
SECTION 10: Except as provided in Section 9, this Resolution is the Commission's final
decision and will become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of April 2011.
0
ATTEST:
Greg Carpenter, Secretary
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
M
Dave Wagner, Chair
City of El Segundo Planning Commission
Karl H. Berger, Assistant City Attorney
4i
Wagner
Fellhauer
Baldino
Barbee
Newman
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PLANNING COMMISSION RESOLUTION NO. 2693
Exhibit A
CONDITIONS OF APPROVAL
In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "),
Northrop Grumman agrees to comply with the following provisions as conditions forthe City
of El Segundo's approval of Environmental Assessment No. EA -906 and Conditional Use
Permit No. 11 -0 1 ( "Project Conditions "):
Zoning Conditions
This approval is for the project as shown on the plans reviewed and approved by the
Planning Commission and on file. Before the City issues a building permit, the
applicant must submit plans, showing that the project substantially complies with the
plans and conditions of approval on file with the Planning and Building Safety
Department. Any subsequent modification must be referred to the Director of the
Planning and Building Safety Department for a determination regarding the need for
Planning Commission review and approval of the proposed modification.
2. The outdoor dining area must comply with all requirements of ESMC § 15 -2 -16.
3. The hours of operation for the outdoor dining area are 24 hours a day, Monday
through Sunday. The hours of alcohol service are from 7:00 a.m. to 12:00 a.m.
daily. Any change to the hours of operation or the hours that alcohol may be served
is subject to review and approval by the Director of Planning and Building Safety.
4. No live entertainment is permitted. Only pre- recorded background music may be
provided that meet the noise and vibration requirements of ESMC § 7 -2 -1.
5. Before the City issues building permits, the applicant /property owner must submit
landscaping and irrigation plans for any new or modified landscaping areas to the
Planning and Building Safety and Recreation and Parks Departments for review.
6. Pursuant to ESMC §15- 23- 11(B)(1), this conditional use permit expires 24 months
after its approval if the use does not commence or construction does not commence
under a valid building permit. The City is not responsible for informing the applicant
regarding a pending CUP expiration.
Building Safety Conditions
7. The applicant must comply with the California Building Code (CBC) 2010 Edition as
amended by the City of El Segundo and the California Plumbing Code (CPC) 2010
Edition.
8. The applicant must provide plumbing fixtures in restrooms per the California
Plumbing Code 2010 Edition Table 4 -1.
F
9. Before the City issues building permits, the applicant must obtain Los Angeles
County Health Department approval.
Fire Department Conditions
10. The applicant must comply with applicable California Fire Code requirements and El
Segundo Fire Department regulations.
Public Works Department Conditions
11. All construction related parking must be accommodated on -site. No construction
related parking is permitted off -site.
12. The project must comply with the latest NPDES requirements and must provide Best
Management Practices (BMP's) for sediment control, construction material control
and erosion control.
13. The applicant must ensure that encroachment permits if deemed to be required by
the City are secured from the Public Works Department before commencing any and
all work in the public right -of -way.
Miscellaneous Conditions
14. OTO Development agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment No.
EA -906 or Conditional Use Permit CUP No. 11 -01. Should the City be named in any
suit, or should any claim be brought against it by suit or otherwise, whether the same
be groundless or not, arising out of the City approval of Environmental Assessment
No. EA -906 or Conditional Use Permit No. 11 -01, the Applicant agrees to defend the
City (at the City's request and with counsel satisfactory to the City) and will indemnify
the City for any judgment rendered against it or any sums paid out in settlement or
otherwise. For purposes of this section "the City" includes the City of El Segundo's
elected officials, appointed officials, officers, and employees.
By signing this document, OTO Development, certifies that they read, understood, and
agree to the Project Conditions listed in this document.
Michael Gallen,
OTO Development
f If Corporation or similar entity, needs two officer signatures or evidence that one signature binds
the company}
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \901- 925 \EA - 906 \EA -906 CUP 11 -01 AUP 11 -01 750 Nash St.
PCreso.doc
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Plannfng £e Building Safety Department
April 21, 2011
Elected Officials:
Eric K. Busch,
Mayor
Michael Gallen
Bill Fisher,
Mayor Pro Tom
OTO Development
Carl Jacobson,
Council Member'
1930 Nelson Ave., #A
Don Council Member
Redondo Beach, CA 90278
Suzanne Fuentes,
Council Member
Cindy Mortesen,
City Clerk
Ralph
RE: Environmental Assessment No. EA -906 and
rea
Citty y Treasurer
Administrative Use Permit AUP No. 11 -01
Appointed officials:
An Administrative Use Permit request to allow the on -site sale and
Jack
Manager
consumption of alcohol at a hotel restaurant
City
Mark D. Hensley,
City Attorney
Address: 750 North Nash Street
Department Directors:
Dear Mr. Gallen:
Deborah Cullen,
Finance/Human Resources
Kevin
In accordance with El Segundo Municipal Code ( "ESMC ") Chapter 15 -22,
Debra ,
the Planning Division reviewed your application for the above - referenced
Lib Services Library Services
Lib
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project and the Director of Planning and Building Safety Department
and Building
Satety'EconomicDev.
APPROVED Environmental Assessment No. EA -906 and Administrative
Mitch Tavere,
Police Chief
Use Permit No. 11 -01 for the on -site sale consumption of alcohol at a
Stephanie Katsou leas,
Public Works
hotel restaurant at 750 Nash Street. The following are the findings and
Robert Cummings,
Recreation & Parks
facts in support of each finding for this decision:
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
www.elsegundo.org
Environmental Assessment No. EA -906
Finding 1
• The proposed project is categorically exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to 14
California Code of Regulations § 15301 as a Class 1 categorical
exemption (Existing Facilities).
350 Main Street, El Segundo, California 90245 -3813
Phone (310) 524 -2380 FAX (310) 322 -4187
.i�0
Facts in Support of Finding 1
The applicant proposes to serve alcohol within a proposed restaurant that is
accessory to the Hyatt Hotel. The property is in an urbanized development area
where it has adequate access and all public services and facilities are available.
The subject property is currently vacant but the applicant is in the process of
applying for building permits to build the hotel. The hotel is part of a larger
Corporate Campus Specific Plan that allowed the construction of a commercial
office complex including several commercial offices, retail uses, restaurants and
soccer field where there is adequate access and all public services and facilities
are available. The site is in an area that is not environmentally sensitive.
Therefore, the project is not anticipated to have any significant impacts with
regard to traffic, noise, air quality, or water quality.
2. Alcohol will be served and consumed in the following locations on the ground
floor of the hotel:
a. The Caf6 /Bar and indoor dining area: 3,825 square feet
b. Outdoor Main Patio area: 1,200 square feet
c. Indoor meeting room: 1,200 square feet.
d. Outdoor meeting room patio: 650 square feet.
Administrative Use Permit 10 -11
Finding 1
There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located.
Facts in Support of Finding 1
The applicant proposes to provide on -site sale and consumption of alcohol inside
the Hyatt Hotel restaurant and outdoor dining areas. Alcohol will be served from
the bar /cafe and consumed within the restaurant, the outdoor Main Patio and
another outdoor patio space adjacent to the meeting room.
2. The area is situated in a commercial office complex that includes offices, retail
uses and restaurants. There are no residential uses in the immediate vicinity and
the alcohol service will be primarily used by hotel guests.
3. There are 120 proposed parking spaces for the hotel. Since the restaurant is an
accessory use to the hotel and serve mainly hotel guests, no additional parking
spaces are required for the request.
1
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4. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan. The zoning for the site is Corporate Campus Specific Plan. On-
site sale and consumption of alcohol is permitted in the Zone with the approval of
an Administrative Use Permit.
5. The Corporate Campus Specific Plan permits and the surrounding land uses
include: restaurant, commercial retail, medical office, and residential.
6. The applicant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of beer and wine (Type 41) or
beer, wine and distilled spirits for restaurants (Type 47).
7. On April 28, 2011 the El Segundo Planning Commission is scheduled to Receive
and File the Administrative Use Permit request.
Finding 2
• The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located.
Facts in Support of Finding 2
1. The General Plan Land Use designation for the site is Corporate Campus
Specific Plan.
2. The zoning for the site is Corporate Campus Specific Plan. The proposed use of
on -site sale and consumption of alcohol requires an Administrative Use Permit in
accordance with the Corporate Campus Specific Plan.
3. The Corporate Campus Specific Plan identifies two specific goals: Facilitate
Economic Development and Promote Compatible Uses. The proposed use and
its proposed operations are consistent with the goals since it expands quality
retail service facilities in proximity to major employment centers and is
economically viable, environmentally safe that provides a stable tax base and
minimize any negative impact in the City.
4. The proposed use is consistent with Land Use Element Goal LU4 in that it
provides a stable tax base for the City through development of new commercial
uses, and primarily within a mixed -use environment.
5. The proposed use is consistent with Land Use Element Objective LU4 -4 in that it
adds to the mixture of uses, which has the potential to maximize economic
benefit, reduce traffic impacts, and a encourage pedestrian environment.
6. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it
promotes the development of high quality retail facilities in proximity to major
employment centers.
3 ��J
7. The surrounding land uses include: commercial retail, restaurant, and office
uses. The proposed on -site sale and consumption of alcohol will be compatible
with the surrounding uses.
Finding 3
The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
Facts in Support of Finding 3
1. The on -site sale of alcohol will be located inside the proposed hotel and will be
constructed in accordance, with all applicable codes and regulations. The project
proposes minimal structural change to the exterior of the building, and no
changes on the building envelope, parking or landscaping. Sufficient parking will
be provided on -site in compliance with ESMC Chapter 15 -15.
2. The surrounding land uses include commercial retail, restaurant, and office uses.
The proposed sale of beer and wine and the restaurant is a permitted use within
the Corporate Campus Specific Plan.
3. The proposed hours of operation to serve alcohol is between 7:00 a.m. to 12:00
a.m. seven days a week. Alcohol will be served within the restaurant, meeting
room, the outdoor Main Patio, and the outdoor meeting room. No live
entertainment is proposed. The proposed on -site sale and consumption of
alcohol will not be detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity.
Finding 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and mitigated.
Facts in Support of Finding 4
The on -site sale and consumption of alcohol will not create any new impacts that
would not be normally associated with the operation of a restaurant.
The proposed hours of operation and alcohol sales are limited from 7 :00 a.m. to
12:00 a.m., seven days a week.
2. The approved Hyatt Place hotel proposes 120 parking spaces. Since the
restaurant and outdoor dining uses are accessory to the operations of the hotel
and serve primarily hotel guests, no additional parking spaces are required.
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3. In addition to complying with the requirements of the City of El Segundo and the
State of California Department of Alcoholic Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors.
Finding 5
The State Department of Alcoholic Beverage Control has issued or will issue a
license to sell alcohol to the- applicant.
Facts in Support of Finding 5
1. The applicant must obtain a license from
Alcoholic Beverage Control for on -site
restaurants (either Type 41 or Type 47).
the State of California Department of
sale and consumption of alcohol for
DIRECTOR OF PLANNING AND BUILDING SAFETY DEPARTMENT ACTION
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject to the
following conditions:
1. The hours of operation to sell alcohol for on -site sale and consumption is limited
to 7:00 a.m. to 12:00 a.m. daily. Any change to the hours of operation or the
hours that alcohol may be served is subject to review and approval by the
Director of Planning and Building Safety.
2. Any subsequent modification to the project as approved must be referred to the
Director of Planning and Building Safety for approval and a determination
regarding the need for Planning Commission review of the proposed
modification.
3. Any subsequent changes to the floor plan and areas where alcohol will be served
and consumed must be reviewed and approved to the satisfaction of the Director
of Planning and Building Safety Department.
4. The applicant must obtain and maintain all licenses required by the Alcoholic
Beverage Control Act (Business & Professions Code §§ 23310 et seq.). The
applicant must obtain and maintain either a Type 41 or Type 47 license.
5. The restaurant operations must comply with ESMC §§ 7 -2 -1, et seq. regulating
noise and vibration.
6. The Planning and Building Safety Department and the Police Department must
be notified of any change of ownership of the approved use in writing within 10
days of the completion of the change of ownership. A change in project
ownership may be cause to schedule a hearing before the Planning Commission
regarding the status of the administrative use permit.
5
7. The applicant must comply with all regulations of the Alcoholic Beverage Control
Act and the regulations promulgated by the Alcoholic Beverage Control Board
including, without limitation, the regulations set forth in 4 Cal. Code of Regs. §§
55, et seq.
8. There must be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
specific alcoholic beverage products. Interior displays of alcoholic beverages
which are clearly visible to the exterior constitute a violation of this condition.
9. All employees serving alcoholic beverages to patrons must enroll in and
complete a certified training program approved by the State Department of
Alcoholic Beverages Control (ABC) for the responsible sales of alcohol. The
training must be offered to new employees on not less than a quarterly basis.
10. Any and all employees hired to sell alcoholic beverages must provide evidence
that they have either:
a. Completed training from the State of California Department of Alcoholic
Beverage Control (ABC), Lakewood District Office administered
Leadership and Education in Alcohol and Drugs (LEAD) Program in the
form of an ABC - issued certificate; or,
b. Completed an accepted equivalent by the ABC, Lakewood District
Office to ensure proper distribution of beer, wine and distilled spirits to
adults of legal age. If any prospective employee designated to sell
alcoholic beverages does not currently have such training, then;
c. The ABC - licensed proprietors must have confirmed with the Planning
and Building Safety Department within fifteen (15) days of the
Director's decision, or by final project approval, that a date certain has
been scheduled within the local ABC Office to complete the LEAD
course.
d. Within thirty (30) days of taking said course, the employees, or
responsible employer must deliver each required certificate showing
completion to the Police Department.
11. The licensee must have readily identifiable personnel to monitor and control the
behavior of customers inside the building premises. Staff must monitor activity
outside in the parking lot and any adjacent property under the establishment's
control to ensure the areas are generally free of people.
12. If complaints are received regarding excessive noise, parking availability, lighting,
building access, and the like associated with the sale of beer and wine, the city
may, in its discretion, take action to review the Administrative Use Permit,
including without limitation, adding conditions or revoking the permit.
13. The building must not be occupied by more persons than allowed by the
California Building Code, as adopted by the ESMC.
14. The building and any outdoor seating must comply with California Building and
Fire Code requirements, as adopted by the ESMC.
15. The Applicant agrees to indemnify and hold the City harmless from and against
any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising from the City's approval of Environmental Assessment
No. 906 or Administrative Use Permit AUP No. 11 -01. Should the City be named
in any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the City approval of EA-
906 or AUP 11 -01, the Applicant agrees to defend the City (at the City's request
and with counsel satisfactory to the City) and will indemnify the City for any
judgment rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "the City" includes the City of El Segundo's elected
officials, appointed officials, officers, and employees.
PLANNING COMMISSION
This determination is scheduled to be received and filed by the Planning Commission at
its April 28, 2011 meeting. Please be advised that this does not conclude the review
process. The City Council will determine whether or not to protest the approval of the
alcohol permit at its meeting at as of yet undetermined date.
Should you have any questions, please contact Bryan Fernandez, Assistant Planner, at
(310) 524 -2343.
Sin
Greg Cbwpeyfter, Director
Department of Planning and Building Safety
P: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \876- 906 \EA - 906 \EA 906 AUP 11 -01 CUP 11 -01 approval
letter.doc
13�,
7
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Approval of a new Class Specification for the at-
will position of Economic Development Analyst; and 2) Adoption of a Resolution establishing the
basic monthly salary range for Economic Development Analyst; and 3) Introduction of an
Ordinance amending El Segundo Municipal Code § 1 -6 -4 Regarding Exclusions. (Fiscal Impact:
$133,613.22 included in FY 2011/12 Budget.)
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed Class Specification for Economic Development Analyst.
2. Adopt the Resolution establishing the Basic Monthly Salary Range for the job classification of
Economic Development Analyst.
3. Introduce and Waive the First Reading of the Ordinance.
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Economic Development Analyst Class Specification.
2. Resolution establishing the Basic Monthly Salary for Economic Development Analyst.
3. Ordinance amending El Segundo Municipal Code § 1 -6 -4 Regarding Exclusions.
FISCAL IMPACT: $133,613.22
Amount Budgeted: $ 133,613.22
Additional Appropriation: N/A
Account Number(s): 001- 400 - 2401 -4101, 001 - 400 - 2401 -4202, 001 - 400 - 2401 -4203,
001- 400 - 2401 -4204, 001- 400 - 2401 -4209, 001 - 400 - 2401 -4210
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resou ces
APPROVED BY: Doug Willmore, City Manager kA^J
BACKGROUND AND DISCUSSION:
At the Strategic Planning session on August 31st, 2011, the City Council unanimously approved the
implementation of an Economic Development Strategy Plan designed to consolidate and expand
the City's business outreach and attraction efforts. An integral piece of this strategy is the creation
of an Economic Development Analyst position.
The Economic Development Analyst will be an at -will position represented by the Supervisory and
Professional Employees' Association (SPEA). It is important that this position is at -will as it is
expected to pay for itself through taxes and revenue generated by new businesses; therefore, the
City should retain the ability to elect to discontinue the position if expected increases in revenues
are not met.
i�J
The Economic Development Analyst is a high -level analyst position and the employee in this
classification will be required to plan and coordinate all economic development efforts.
Specifically, as outlined in the Economic Development Strategy, the individual in this position will
be accountable for the following projects and goals:
• Oversee and coordinate the Economic Development Program Baseline Study
• Identify and map areas where development opportunities exist; utilize mapping for business
outreach efforts with prospective developers and builders
• With the assistance of the LAEDC (Los Angeles County Economic Development
Corporation), conduct business visitation programs
• Oversee the updating of the City website and business recruitment pages
• Research and implement recommendations made by the Chamber of Commerce's
Downtown Task Force
• Serve as a liaison to companies conducting complex business /economic studies regarding
the profiling of the community and matching of compatible retailers (e.g. Buxton); once
study is completed, complete follow -up with the prospective businesses
• Coordinate activities related to economic development between all City departments, e.g.
Permit Licensing, Cable TV, etc.
• Reinitiate and serve as primary staff liaison to the Economic Development Advisory
Council (EDAC)
• Oversee strategic planning efforts
• Evaluate the 2012 Economic Development Program efforts; Develop the 2013 Economic
Development Strategy
The Economic Development Analyst position is a new position budgeted for the 2011/12 Fiscal
Year.
City of El Segundo, CA Job Description
ECONOMIC DEVELOPMENT ANALYST
(AT -WILL)
Definition: Employees serving in this classification are at -will and exempt from the classified
service. Under minimal direction, plans and coordinates the Economic Development Program for
the City.
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:
Plans and coordinates all program activities related to business recruitment and retention for the
City
Stays abreast of the laws, regulations, economic and business trends, and the social /political
environment impacting economic development in the City of El Segundo
Conducts technical studies, research and /or analysis; develops and prepares clear and concise
oral and written reports which may contain complex statistical, financial, and /or qualitative data
Establishes and maintains effective working relationships with the local real estate community and
business organizations
Develops and implements effective advertising campaigns to attract new businesses to the City,
including the use of social media and the internet as appropriate for digital marketing efforts
Conducts outreach to and develops relationships with potential businesses as part of the overall
business attraction initiatives of the Economic Development Program
Evaluates, recommends, and administers contracts for services from external resources related to
the goals of the Economic Development Program; oversees the work of vendors; coordinates the
Request for Bid (RFB) or Request for Proposal (RFP) process for related contract services
Prepares and makes presentation to representatives from potential and existing City businesses,
community groups, citizens, City staff and the City Council
Attends, coordinates and /or leads business outreach and other external meetings and
conferences, requiring occasional travel
Serves as the principal staff contact for the Economic Development Advisory Council (EDAC);
prepares the EDAC agenda and prepares or coordinates the preparation of all related reports and
agenda items; coordinates efforts and interests with the City Council, the Planning Commission,
Downtown Revitalization Sub - Committee and other groups and constituencies
Coordinates economic development activities with staff members in other programs or
departments to ensure that the Economic Development Program functions efficiently and in 1 J
conjunction with City policies, procedures and programs
Provides program development, administration and evaluation of economic development programs
and services; serves as a liaison to the community, professional groups and other external
contacts and resources for the City
Assists in the monitoring and administration of the Economic Development component of the
department budget
Performs other related duties as requested or assigned
Knowledge. Skills and Other Characteristics:
Knowledge of federal /state laws and local regulations related to economic development and public
contracts
Knowledge of principles and practices of community and economic development
Knowledge of principles, practices and trends of marketing and real estate development
Knowledge of public contract administration
Knowledge of municipal organization and administration
Knowledge of municipal budget principles and practices
Skill in program development, implementation and evaluation
Skill in assessing objectives and operational goals and requirements and developing an
appropriate course of action
Skill in completing special projects, activities and programs
Skill in conducting research and preparing clear, concise and comprehensive reports
Skill in preparing complex financial and statistical reports
Skill in using computers, job - related software, and digital marketing mediums, including
experience /knowledge in the use of social media and the internet
Skill in understanding and applying complex regulations, procedures and guidelines
Skill in communicating effectively, both orally and in writing
Skill in working efficiently under pressure, managing and shifting multiple priorities while adhering
to established deadlines and goals
Skill in working independently with minimal supervision and work direction
Skill in establishing and maintaining effective working relationships with those contacted in the
course of work, including local and prospective business, vendors, outside entities, supervisors,
other City employees, the City Council and the public
Ability to oversee the work of vendors to contribute to the success of the Economic Development
Program
Qualifications:
Bachelor's degree in Business, Marketing, Economics, Public Administration or a closely related
field and two (2) years of professional economic development and marketing experience or an
equivalent combination of education and experience that would likely provide the knowledge, skills
and abilities to perform the job. Experience in an economic development department within a City
or County is highly desirable.
Licensing/Certification Requirements:
A valid California Driver license is required.
i�0
RESOLUTION NO.
A RESOLUTION ESTABLISHING A BASIC MONTHLY
SALARY FOR THE JOB CLASSIFICATION
OF ECONOMIC DEVELOPMENT ANALYST.
The City Council of the City of El Segundo does resolve as follows:
Section 1: The City Council approves the following basic monthly salary range:
Step A Step B Step C Step D Step E
Economic $5,580.51 $5,859.53 $6,152.51 $6,460.14 $6,783.14
Development Analyst
Range 40S
Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's resolutions; and make a minute of the adoption of the
Resolution in the City Council's records and the minutes of this meeting.
Section 3: This Resolution will become effective upon the effective date of Ordinance No.
amending El Segundo Municipal Code Section 1 -6 -4 regarding Exclusions and will remain
effective unless repealed or superseded.
PASSED AND ADOPTED this 20th day of September , 2011.
Eric K. Busch,
Mayor
Y J 1
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 20th
day of September, 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 201h day of September, 2011.
Cindy Mortesen, City Clerk
of the City of El Segundo,
California
(SEAL)
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
(A�i94
Karr fl. Berger
Assistant City Attorney
:� Ii ;i.-. 4,t+ L, 6) A1
,D.t c )r"o C
.1,
1J ,
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
§ 1 -6 -4 REGARDING EXCLUSIONS.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The El Segundo Municipal Code ( "ESMC ") provides that the City Council may
from time to time by Ordinance designate departments, appointive officers, or
employees of the City; and
B. It is in the best interest of the City to list all existing officers and members of
departments excluded from the Personnel Merit System; and
SECTION 2: ESMC § 1 -6 -4 is amended in its entirety to read as follows:
"Sec 1 -6 -4. EXCLUSIONS
Those officers and members of departments in addition to department heads and elected
officers who are expressly excluded from the merit system are:
Assistant City Manager
City Attorney
City Manager
City Engineer
Construction Coordinator
Economic Development Analyst
Economic Development Manager
Property Owner Coordinator
Senior Executive Assistant
SECTION 3: Repeal of any provision of the ESMC herein will 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: 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.
J
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.
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its
passage and adoption.
PASSED AND ADOPTED this day of , 2011.
Eric K. Busch, Mayor
iy(}
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 20th day of
September 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
14 1
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of ongoing professional service
agreements and blanket purchase orders for FY 2011 -2012 in excess of $25,000 for
various departments; and possible action to waive the formal bidding process and
authorize the continued purchase of various goods and services as described below.
(Fiscal Impact: General Fund $1,578,094; Assets Forfeiture Fund $13,000; Prop "A"
Fund $31,000; Water Fund $114,000; Sewer Fund $88,000; Golf Course Fund $108,000;
Workers' Compensation Fund $92,140)
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to extend ongoing service agreements with Baker &
Taylor Information Services for supplying books and other library materials, and issuance
of blanket purchase order not to exceed $64,000 (General Fund).
(2) Authorize the City Manager to extend contract 42235 to Innovative Interfaces, Inc.,
for library computer network system maintenance and issuance of blanket purchase order
not to exceed $30,000 (General Fund).
(3) Authorize the City Manager to extend ongoing service agreements with J. Lee
Engineering to provide plan check and inspection consulting services for the Building
and Safety Division not to exceed $150,000 (General Fund).
(4) Authorize the City Manager to extend ongoing service agreements with JAS to
provide plan check and inspection consulting services for the Building and Safety
Division not to exceed $100,000 (General Fund).
(5) Authorize the City Manager to extend ongoing service agreements with Scanning
Services Corporation. Scanning Services Corporation scans and inputs data into the
City's document imaging system not to exceed $35,000 (General Fund).
(6) Authorize the City Manager to extend ongoing service agreements with Willdan
Engineering Services to provide professional planning consulting and engineering
services to the City not to exceed $30,000 (General Fund).
(7) Authorize the City Manager to extend ongoing service agreements with U.S.
HealthWorks to provide an extremely cost effective method of delivery of pre-
employment and occupational medical services not to exceed $45,000 (General Fund).
(8) Authorize the City Manager to extend ongoing service agreements with Westchester
Medical Group /Center for Heart and Health to provide annual safety employees fitness
for duty and executive physical examinations not to exceed $70,000 (General Fund).
(9) Authorize the City Manager to extend ongoing service agreement with York Risk
Services Group to administer workers' compensation claims not to exceed $92,140 in FY
11 -12 (Workers' Compensation Fund).
1 1
i4�'
(10) Authorize the El Segundo Fire Department to waive the bidding process per El
Segundo Municipal Code §1 -7 -10 to purchase medical and pharmaceutical supplies, and
piggyback on the City of Redondo Beach's Bound Tree Medical, Inc. ( "Bound Tree ") Bid
#1011 -023, and authorize issuance of a blanket purchase order to Bound Tree for FY
2011 -2012 for medical and pharmaceutical supplies not to exceed $26,000 (General
Fund).
(11) Authorize the issuance of a blanket purchase order for FY 11 -12 to UCLA Center
for Pre - Hospital Care for continuing education, defibrillation training and AED program
oversight not to exceed $32,600 (General Fund).
(12) Authorize the City Manager to execute a one -year contract with All Cities
Management Company to provide crossing guard services for the El Segundo School
District not to exceed $80,000 (General Fund).
(13) Authorize the issuance of a blanket purchase order to Mayer Hoffman McCann PC
(Agreement #3866) for auditing services not to exceed $54,250 in FY 11 -12 (General
Fund).
(14) Authorize the issuance of a blanket purchase order to Lane Donovan Partners, LLC
(Agreement #3399) to provide management services for The Lakes Golf Course for an
amount no to exceed $108,000 (Golf Course Fund).
(15) Authorize the issuance of a blanket purchase order to TruGreen Landcare
(Agreement #4096) to provide weekly landscape services for an amount not to exceed
$153,504 (General Fund).
(16) Authorize the City Manager to extend ongoing tree maintenance services agreement
with Great Scott Tree Service Inc. (Agreement #3476) for services not to exceed $70,000
for FY 11 -12 (General Fund).
(17) Authorize the City Manager to extend ongoing custodial services agreement with
Bell Building Services (Agreement #3898) and issuance of blanket purchase order not to
exceed $66,540 (General Fund).
(18) Authorize the City Manager to execute a standard professional services agreement
with Martin & Chapman Co. for election support and services for the General Municipal
Election, April 10, 2012, not to exceed $36,000 (General Fund).
(19) Authorize the City Manager to execute a one -year contract and /or purchase order
with Buxton to provide economic development analysis and marketing assistance not to
exceed $50,000 (General Fund).
(20) Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and
equipment through the use of spot market purchasing in an amount not to exceed
$321,000 (Various).
(21) Authorize the issuance of a blanket purchase order to Metron Farrier & Actaris in an
amount not to exceed $100,000 in total for the purchase of single jet water meters for the
City's water system (Water Enterprise Fund).
14 �
(22) Authorize the issuance of a blanket purchase order to Blue Diamond Materials, a
division of Sully Miller Contracting Company in an amount not to exceed $50,000 for the
purchase of asphalt paving materials for Street Maintenance Division projects (General
Fund).
(23) Authorize the issuance of a blanket purchase order to Flo- Systems, Inc. in an amount
not to exceed $75,000 for ongoing repair and maintenance of the City's sewer and
stormwater stations (Sewer Fund).
(24) Authorize the City Manager to execute a one -year contract with the Society for the
Prevention of Cruelty to Animals Los Angeles for animal sheltering services, not to
exceed $28,200 (General Fund).
(25) Authorize the City Manager to execute a one -year contract with Duncan Solutions
(formerly Enforcement Technology Inc.) for processing of parking citations /collections,
not to exceed $77,000 (General Fund).
(26) Authorize the City Manager to execute a one -year contract with AT &T Connection
Services for communications related to mobile data computers and radio sites, not to
exceed $39,400 (General Fund).
(27) Authorize the City Manager to execute a one -year contract amendment and /or
purchase order with Tyler Technologies who provide financial software to manage the
City's General Ledger, Accounts Receivable, Accounts Payable, Payroll, and Human
Resources. This item is for annual licensing, maintenance, and support of these systems
not to exceed $40,600 (General Fund).
14�
4
ATTACHED SUPPORTING DOCUMENTS: N/A
FISCAL IMPACT:
Amount Budget: $2,024,234
Additional Appropriation: N/A
Account Number(s):
001 -
400 -1302
-6214
36,000
001 -
400 -
2101 -6214
50,000
001-
400 -
2402 -6214
40,000
001-
400 -
2403 -6214
275,000
001
- 400 -
2502 -6214
54,250
001
- 400 -
2506
-6214
115,000
001-
400 -
2506
-6217
40,600
001
- 400 -
2901 -6405
80,000
001
- 400 -
3101
-6206
77,000
001-
400
- 3107
-6278
39,400
001
- 400
- 3108
-6206
28,200
001-
400
- 3203
-5204
26,000
001-
400
- 3203
-6214
32,600
001-
400
- 4202
-5204
50,000
001-
400 -4601
-5215
250,000
001 -
400 -5102
-6206
290,044
001-
400 -
6103 -5505
16,000
001-
400 -
6103 -5507
2,000
001 -
400 -
6104 -5501
46,000
001-
400
- 6104 -6215
30,000
109
- 400
- 3105 -5215
13,000
112-
400
-5292 -5215
31,000
501-
400
- 7102
-5215
14,000
501-
400
- 7201 -6215
100,000
502-
400
- 4301 -5215
13,000
502-
400
- 4301
-6206
75,000
503-400-5301-6214
108,000
603
- 400
- 2321
-6214
92,140
ORIGINATED BY: Trang Nguyen, Accounting Manager 'y\-)
REVIEWED BY: Deborah Cullen, Director of Finance /Human Resources
APPROVED BY: Doug Willmore, City Manager A/M^j
BACKGROUND AND DISCUSSION:
Library
Baker and Taylor
Baker and Taylor, the Library's leading supplier of books, music, books on CD, DVD's and
other items, offers substantial savings up to 45% under retail cost. Appropriations are being
requested for the following accounts for fiscal year 2011 -2012:
001 - 400 - 6104 -5501 Adult Materials $46,000
001 - 400 - 6103 -5505 Youth Materials $16,000
001- 400 - 6103 -5507 School Library Materials $ 2,000
i4
Innovative Interfaces Inc.
Innovative Interfaces Inc. provides maintenance of the Library's online network system for
cataloging, circulation, patron access to materials, archive collections and administrative
functions in the amount of $30,000 for FY 2011 -2012. Account Number 001- 400 - 6104 -6215.
Plannina and Building Safety
J. Lee Engineering
J. Lee Engineering provides plan check and inspection consulting services for the Building and
Safety Division. There services are utilized when workload exceeds the level that would
preclude City staff from meeting customer service expectations. Not to exceed the amount
$150,000 for fiscal year 2011 -2012. Account Number: 001- 400 - 2403 -6214.
JAS
JAS provides plan check and inspection consulting services for the Building and Safety Division.
There services are utilized when workload exceeds the level that would preclude City staff from
meeting customer service expectations. Not to exceed the amount $100,000 for fiscal year 2011-
2012. Account Number: 001- 400 - 2403 -6214.
Scanning Services Corporation
Scanning Services Corporation scans and inputs data into the City's document imaging system.
The department is no longer microfilming plans. All necessary documents are scanned and are
available on the computer. The requested funds will allow staff to keep moving in this direction.
Additionally, staff hopes to begin converting historical microfilm records for both the building
and planning divisions to a digital format so that they are available on the computer for staff and
eventually viewable by the public on the internet. The Building Division budget allocated
$25,000 and the Planning Division budget allocated $10,000 not to exceed $35,000 for fiscal
year 2011 -2012. Accounts:
001 - 400 - 2403 -6214 in the amount of $25,000
001- 400 - 2402 -6214 in the amount of $10,000
Willdan Engineering Services
Willdan Engineering Services provides professional planning consulting and engineering
services to the City. Willdan has provided a Senior Planner to supplement planning staffing
when workload and specific planning development projects necessitate additional staffing.
Additionally, the City occasionally needs professional engineering services related to
development projects. The Planning Division anticipates using professional planning consulting
services in fiscal year 2011 -12 for projects that will be developer funded, including but not
limited to the Imperial School site project for the El Segundo School District and the completion
of other developer funded projects not to exceed $30,000 for fiscal year 2011 -2012. Account
Number: 001- 400 - 2402 -6214.
j��U
Human Resources
US HealthWorks
U.S. HealthWorks, a national provider of occupational medical healthcare, is the largest provider
of workers' compensation/occupational medical services in the state of California and has over
thirty facilities in Southern California including its El Segundo Facility, located at 390 N.
Sepulveda Blvd., Suite 1000. U.S. HealthWorks provides an extremely cost effective method of
delivery of pre - employment and occupational medical services, with a lower average case cost
than other occupational medical providers. Other advantages of utilizing U.S. HealthWorks
include:
• Initial injury treatment and regulated drug testing services are available 24 hours a day, 7
days a week;
• Provides cost effective appointments for pre- employment physicals, drug screens and
follow -up injury treatments;
• Its location in El Segundo provides direct, easy access for our employees and its
numerous Southern California facilities allows additional treatment options for our
geographically dispersed employees;
• The El Segundo facility has both an on -site multi - specialty department (including
orthopedics and neurology) and a Physical Therapy Department open Monday through
Friday, 8:00 a.m. — 5:00 p.m.;
• Parking is convenient, plentiful and validated;
• If needed, U.S. HealthWorks provides free door -to -door transportation for employee's
first injuries, at no charge.
This will be the City's fifth year with U.S. HealthWorks. In addition to successfully
implementing the City's pre- employment drug testing and medical examination protocols, U.S.
HealthWorks has provided a variety of medical protocols and services for El Segundo Police
Department arrestees and coordinated the establishment of a Hepatitis A and B Vaccination
Program for our Aquatics and Wastewater staff.
The total cost for fiscal year 2011 -2012 is not to exceed $45,000 (for pre - employment medical
services and protocols and occupational injury and illness services). Account Number: 001 -400-
2506 -6214
Westchester Medical Group /Center for Heart and Health
The City has a longstanding relationship with Westchester Medical Group /Center for Heart and
Health to provide Safety employees annual Fitness for Duty and Executive physical
examinations. This long standing physical examination program continues to meet or exceed
staff's expectations. Westchester Medical Group /Center for Heart and Health is also
distinguished by their extensive involvement with public sector clients. Together, with its June
2006 relocation from Los Angeles to El Segundo (360 N. Sepulveda Blvd., Suite 3000), and the
significant expansion of its medical facility, the company has increased its accessibility and level
of service to our employees. Westchester Medical Group /Center for Heart and Health also
expanded its services recently by incorporating a respirator certification component to the Fitness
for Duty examinations.
14 T
The annual safety employee Fitness for Duty examinations are not to exceed $60,000 and
Executive Physical examinations are not to exceed $10,000, with a combined total not to exceed
$70,000 for fiscal year 2011 -2012. Account Number: 001- 400 - 2506 -6214
York Risk Services Group, Inc.
YORK Risk Services Group, Inc. (formerly SCRMA — Southern California Risk Management
Associates, Inc.) has served as the third -party administrator (TPA) for workers' compensation
claims since 1988. Following a formal request for proposal process from seven firms in 2008,
the City awarded the contract to YORK Risk Services Group, Inc. The following selection
criteria was considered in continuing to use YORK Risk Services Group, Inc. as the TPA for
Workers' Compensation claims:
• Established record of consistent professional service and reputation within the industry;
• High quality references from public entities, particularly full service municipalities;
• Staffing and experience levels;
• Cost effectiveness of medical and legal cost and legal cost containment services and
activities;
• Overall cost - benefit advantages;
• Acceptability of firm to El Segundo Police and Fire Department Management Staff.
The contract between the City and YORK Risk Services Group, Inc. has an option to extend for
two additional years beginning within the FY 2011/2012. The City has chosen to extend the
contract in one -year increments and is currently extending the contract for the 2012 calendar
year. The amendment to this contract for the period January 1, 2012 through December 31, 2012
is not to exceed $92,140.00. Account Number: 603 - 400 - 2321 -6214.
Fire Department
Bound Tree Medical, Inc.
The El Segundo Fire Department has been purchasing and storing paramedic medical supplies
since 1998 as mandated by the County of Los Angeles, Emergency Medical Services Agency.
For seven years, the Fire Department utilized Bound Tree for paramedic medical supplies
through a piggyback on an existing competitively bid award. In 2005, staff recommended a
change in vendors due to supply availability issues and billing problems. Since that time, Bound
Tree has significantly improved its service and has streamlined their ordering process which is
integrated with the Department's internal process. In addition to favorable pricing and timely
deliveries, Bound Tree has since expanded their inventory and offers a full range of
pharmaceutical supplies which allows the Fire Department to consolidate these types of
purchases and receive better pricing with a single vendor.
The El Segundo Fire Department recommends that the City Council waive the formal bidding
process per El Segundo Municipal Code §1-7-10 to purchase medical and pharmaceutical
supplies, and piggyback on the formal, competitive bid used by the City of Redondo Beach.
Account Number: 001- 400 - 3203 -5204 in the amount of $26,000 for fiscal year 2011 -2012.
UCLA
The UCLA Center for Pre - Hospital Care provides education services to the El Segundo Fire
Department, through: continuing education with staff in pre - hospital and emergency medicine to
maintain certification and licensure as EMT -Basic or EMT - Paramedic (collectively referred to as
"CE" Programs "), primary education to obtain licensure as an EMT - Defibrillation ( "EMT -D ")
Provider, and provide quality improvement services to maintain or enhance the quality of patient
care (referred to as "QI Services ").
The Fire Department also has automatic external defibrillators (AEDs) in service which require
that personnel who operate this equipment must be trained and certified as Emergency Medical
Technician- Defibrillation (EMT -D). In addition, the citywide AED program requires employee
training and oversight, and these fees have been absorbed into the existing Fire Department fees.
The El Segundo Fire Department recommends the authorization of a blanket purchase order to
the UCLA Center for Pre - Hospital Care for FY 2011 -2012 to enable the Fire Department to
continue to receive the services provided by UCLA. Not to exceed $32,600 in accounts:
001 - 400 - 3202 -6223 in the amount of $9,700
001 - 400 - 3202 -6214 in the amount of $22,900
Finance
All Cities Management Company
On September 16, 2008, City Council approved an appropriation for ESUED crossing guard
services under Special Orders of Business, Item #6 within the 2008 -2009 Budget Appropriations.
This contract includes 6 crossing guards for a total of 5364 hours. The contract is expected to be
renewed year to year as long as ACMS performance meets the City's and ESUSD's
expectations. The annual cost of funding service this contract is not to exceed $80,000 for fiscal
year 2011 -2012. Account Number: 001 - 400 - 2901 -6405
Mayer Hoffman McCann P.C.
On October 21, 2008, City Council approved a three years contract with option to extend for
another two years with Mayer Hoffman McCann P.C. for auditing services. The three years
contract was for 2008 -2010. Fiscal year 2011 -2012 will be the first of the two year extension
option with MHM. The annual cost of extending this contract is $54,250 for FY 2011 -2012.
Account Number: 001 - 400 - 2502 -6214.
Parks & Recreation
Lane Donovan Partners, LLC
Since 2004, Lane Donovan Partners, LLC has been providing management services for The
Lakes Golf Course on a month -to -month agreement (Agreement #3399). Staff recommends
renewing the agreement for FY 2011 -2012; total cost for services is the same since 2004 for
amount to exceed $108,000. Account Number: 503- 400 -5301 -6214.
ell
TruGreen Landcare
TruGreen Landcare has been providing the City with landscape maintenance services for over
twenty years. For FY 2010 -2011, TruGreen Landcare submitted the lowest bid for RFP# 10 -07
in the amount of $137,322 for bi- weekly services and $153,504 for weekly services. On October
19, 2010, City Council approved Item # 5 under Consent Agenda to award the contract for three
years (Agreement #4096). The services include weekly services for 12 parks, 5 median strips,
Richmond School Field, Fire Station #2, Douglass underpass, City Maintenance Facility, and
The Lakes parking lot and frontage. Weekly services will be provided for FY 2011 -2012 for
amount not to exceed $153,504. Account Number: 001- 400 -5101 -6206.
Great Scott Tree Service
On September 15, 2009, City Council approved Item # 13 under Consent Agenda for the
extension of Great Scott Tree Service Inc for two years, with three years of renewal periods.
Services include tree removals, tree maintenance, tree planting, and tree trimming. The contract
amount is for $100,000 based on the Department's needs or approved budget. For FY 2011-
2012, staff recommends renewing Agreement 3476A for $70,000. Account Number: 001 -400-
5101 -6206.
Bell Building Services
Bell Building Services provide custodial services for Recreation Park facilities, Teen Center,
Camp Eucalyptus, Urho Saari, outdoor pools, and Campus El Segundo. For FY 2011 -2012, staff
recommends renewing Agreement # 3898 for Recreation & Park services for amount not to
exceed $66,540. Account Number: 001- 400 -5101 -6206.
City Clerk's Office
Martin & Chapman Co.
For over three decades Martin & Chapman Co. has provided excellent election support to El
Segundo. They are well known and trusted for their invaluable election services, supplies and
guidance and are utilized by over 200 cities, counties and districts in California and Nevada.
The scope of service includes, but is not limited to, pre - election materials, official ballots, ballot
counting equipment, vote by mail ballot tracking system, mailing services, foreign language
assistance and translations, legislation updates, professional opinions and election night support.
Their Anaheim location allows for timely delivery of supplies, election materials and on -site
support.
It is requested that the City again enter into a professional services agreement with Martin &
Chapman Co. Their many years of experience with El Segundo, individualized assistance, and
excellent customer service will help ensure a smooth election process. The annual cost of funding
this service is not to exceed $36,000 for fiscal year 2011 -2012. Account number: 001- 400 -1302-
6214.
Economic Development
Buxton
Buxton will prepare an analysis of the El Segundo trade area and match the consumer profile
with the customer profiles of over 5,000 retail and restaurant companies. Buxton will prepare
and deliver marketing packages to those companies that have customer profiles matching the El
Segundo market area. Additionally, Buxton will prepare an analysis of the industry and health
care markets and provide analytical information that the City can use in its business attraction
efforts. The annual cost of funding this service is not to exceed $50,000 for fiscal year 2011-
2012. Account number: 001 - 400 - 2101 -6214.
Public Works
Fuel for City Vehicles and Equipment
Generally, fuel is purchased either through spot market purchases or long -term contracts. Spot
purchasing consists of shopping around each time fuel is needed and purchasing fuel from the
lowest priced vendor. This type of purchasing usually occurs when the fuel market is volatile as
it has been for the last three years. During periods of stability, agencies enter into long -term fuel
contracts. Pricing under long -term contacts is tied to a published fuel price baseline plus a
markup. The recent volatility in the market has forced vendors to significantly raise this markup,
making long -term contracts unattractive. Under the City's last long -term contract through Los
Angeles Metropolitan Public Purchasing Agents' Cooperative (LAMPPAC), there was virtually
no markup. When that contract expired in September 2005, the fuel market was quite volatile
and City Council authorized staff to purchase gasoline and diesel fuel through the use of spot
market purchases.
Many agencies including Cities of Manhattan Beach, Redondo Beach and Hawthorne have opted
to purchase fuel through spot purchases in lieu of entering into long -term contracts since the
expiration of the LAMPAC contact. Staff continuously monitors long -term contracts available
in the industry. When the terms of long -term contracts improve such that the price is a few cents
over the market baseline, staff will again recommend entering into a long -term fuel contract.
Pursuant to El Segundo Municipal Code (ESMC) § 1 -7 -10, relating to purchases and supplies,
the City Council may at any time, by a majority vote and without amending the ESMC, waive
purchasing procedures or alter proceedings to fit a specific purchase, when the waiver is not in
violation of State law. Spot purchasing is the sort of modified purchasing arrangement that
requires such a waiver by Council. It is possible that the total of purchases from any one vendor
may exceed $25,000; therefore, Council approval of spot purchasing is requested. The City is
budgeting $321,000 for Fiscal Year 2011 -2012 in accounts:
001 - 400 - 4601 -5215 in the amount of $250,000
109 - 400 - 3105 -5215 in the amount of $13,000
112- 400 -5292 -5215 in the amount of $31,000
501- 400 - 7102 -5215 in the amount of $14,000
502- 400 - 4301 -5215 in the amount of $13,000
Water Meters — Metron Farnier & Actaris
The City's water distribution system includes approximately 250 large commercial compound
water meters three to eight inches in diameter. As large meters age, they become less accurate
and tend to register water usage that is below actual consumption. It is common in the water
industry to replace older large meters as they are typically the greatest source of unbilled water
or lost water. When meters are replaced, the Water Division installs single jet water meters
rather than compound water meters. The single jet meters provide increased metering accuracy,
excellent low flow registration, and less maintenance part. The cost to replace each meter ranges
from $2,000 to $5,000, dependent upon size.
Staff plans to continue replacing meters in FY 2011 -2012 and recommends continuing to
purchase meters from Metron Farnier & Actaris, the only two vendors that supply this type of
meter, in an amount not to exceed $100,000 in total. Account Numbers: 501- 400 - 7201 -6215.
Asphalt Pavine Materials — Blue Diamond Materials
The Street Maintenance Division repairs approximately 50,000 square feet of pavement
annually. Pavement repair work includes potholes, pavement failures, repairs from tree root
damage and utility cuts, general street repairs throughout the City and preparation for slurry seal
projects. Through the Fiscal Year 2011 -2012 budget process, $50,000 was budgeted for the
annual expenditure of asphalt paving materials.
Street Maintenance Division personnel drive a City dump truck to retrieve asphalt paving
materials. There are three local vendors that supply the materials.
Pricing for asphalt paving materials is variable and dependent upon the oil and aggregate market.
The pricing for asphalt concrete in the table above was based on a spot market quote on
September 12, 2011.
Staff recommends continuing the purchase or asphalt paving materials from Blue Diamond
Materials, on a single- source basis, in an amount not to exceed $50,000 for the following
reasons:
1. Closer proximity to City reduces staff driving time, fuel and liability;
2. Availability of materials — two locations;
3. Lowest overall cost when factoring in travel time costs and staff downtime;
4. Reduced temperature loss from being transported shorter distances.
Location
Miles from City
C -2 Asphalt
Concrete/Ton
All American Asphalt
Westminster
27
$90.00
Blue Diamond Materials
Inglewood & Southgate
5 & 17
$69.00
Vulcan Materials
Los Angeles
19
$70.00
Pricing for asphalt paving materials is variable and dependent upon the oil and aggregate market.
The pricing for asphalt concrete in the table above was based on a spot market quote on
September 12, 2011.
Staff recommends continuing the purchase or asphalt paving materials from Blue Diamond
Materials, on a single- source basis, in an amount not to exceed $50,000 for the following
reasons:
1. Closer proximity to City reduces staff driving time, fuel and liability;
2. Availability of materials — two locations;
3. Lowest overall cost when factoring in travel time costs and staff downtime;
4. Reduced temperature loss from being transported shorter distances.
At this time, Blue Diamond Materials is the more reasonable choice based upon pricing,
proximity and availability. Staff will continue to monitor asphalt concrete prices and return to
Council if a change in vendors is warranted. Account Number: 001- 400 - 4202 -5204.
Sewer and Stormwater Station Maintenance — Flo - Systems, Inc.
Flo - Systems Inc. has been providing ongoing repair and maintenance for the City's sewer and
stormwater stations for over 20 years and is currently under contract. It is the local distributor
for the majority of parts and equipment utilized in our pump stations. In addition, Flo- Systems is
the factory authorized repair company for the City's new telemetry system (sole source). Its
services include both preventative and emergency repair along with parts ordering. For fiscal
year 2011 -2012, the annual cost of funding is not to exceed $75,000. Account number: 502-
400 -4301 -6206.
Police Department
Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA)
The SPCALA provides animal sheltering services for the Police Department's Animal Control
program. The SPCALA is utilized to shelter dogs, cats, wild animals, etc. that are captured,
found or given to the Animal Control program. The City has contracted with the SPCALA for
sheltering services since the Police Department took over all animal control functions not to
exceed $28,200 in fiscal year 2011 -2012. Account Number: 001- 400 - 3108 -6206.
Duncan Solutions
Duncan Solutions provides a maintenance contract for the Police Department Traffic Division's
Processing system. This system is utilized by parking personnel to issue parking citations.
Duncan Solutions also provides a collection service for delinquent parking citations not to
exceed $77,000 in fiscal year 2011 -2012. Account Number: 001 - 400 - 3101 -6206.
AT &T Connection Services
AT &T Connection Services provides a link between Hawthorne Police / Tiburon and the Police
Department's dispatch and records. These funds will provide necessary training on the
integration, use, and maintenance of programs such as CHEERS and digital booking. In
addition, AT &T provides a connection between Hawthorne Police / Tiburon and the Police
Department's mobile data computer (MDC) package. The requested funds are necessary to
equip, integrate, maintain, operate and upgrade the systems not to exceed $39,400 in fiscal year
2011 -2012. Account Number: 001- 400 - 3107 -6278.
Tyler Technologies Eden Financial Management System
The City utilizes Tyler Technologies financial software to manage the City's General Ledger,
Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual
licensing, maintenance, and support of these systems. The total cost will not exceed $40,600 for
fiscal year 2011 -2012. Account Number: 001- 400 - 2506 -6217.
153
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a standard Public Works Contract to the
lowest responsible bidder, All American Asphalt, Inc., for Lairport Street rehabilitation
from Mariposa Avenue to Maple Avenue. Project No.: PW 10 -04 and pavement repair of
a section of the Joslyn Center parking lot damaged by tree roots. (Fiscal Impact:
$288,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with All American Asphalt, Inc., in the
amount of $261,629.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Requested: $288,000
Additional Appropriation: No
Account Number(s): 106 - 400 - 8203 -8604 ($245,000)
001 - 400 - 4201 -6209 ($39,295)
ORIGINATED BY: Maryam M. Jonas, Principal Engineer ail
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
The City Council approved plans and authorized staff to advertise a project for the Pavement
Rehabilitation of Lairport Street between Mariposa Ave. and Maple Ave. On August 30, 2011,
the City Clerk received and opened six (6) bids as follows:
1. All American Asphalt
$261,629.00
2. Hardy & Harper, Inc.
$270,850.00
3. Sequel Contractors, Inc.
$274,489.80
4. Terra Pave, Inc.
$294,234.50
5. Silvia Construction, Inc.
$314,404.00
6. Palp, Inc. dba Excel Paving Company
$315,816.00
12
15' t
The pavement rehabilitation of Lairport Street includes reconstruction of the upper two -feet (2')
of approximately 1,600 square feet of the street and grind and overlay of the remaining existing
pavement with two -inch (2 ") Asphalt Concrete (AC). Also included in this project is
reconstruction of an area of Joslyn Center parking lot damaged by the tree roots. The
rehabilitation of Lariport Street is fully funded through the Gas Tax Revenue and the fund for the
Joslyn Center parking lot is from the adopted Street Maintenance budget for fiscal year 2011 -12.
Staff recommends awarding the contract to the lowest responsible bidder, All American Asphalt,
Inc., in the amount of $261,629. The total amount ($288,000) requested includes the contract
amount and an additional $26,371 for construction related contingencies. All American Asphalt,
Inc. has completed projects for the City in the past and references provided verified successful
experience with similar projects.
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a non - exclusive franchise to Consolidated
Disposal Service, LLC for residential and municipal solid waste hauling services. (Fiscal
Impact: $3,565,500 over 7 years)
RECOMMENDED COUNCIL ACTION:
Authorize the Mayor to execute a 7 -year franchise agreement in a form approved by
the City Attorney with Consolidated Disposal Services, LLC in the amount of
$3,565,500 which represents $489,950 annually for the first three years, and $523,913
for the remaining four years of the contract.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Solid Waste Franchise Agreement with Consolidated Disposal Service, LLC and
associated exhibits.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $489,950 annually for the first three years
Additional Appropriation: No
Account Number(s): 001- 400 - 4206 -6206
ORIGINATED BY: Stephanie Katsouleas, Public Works Director-,--
REVIEWED BY: Mark Hensley, City Attorney
APPROVED BY: Doug Willmore, City Manager
BACKGROUND AND DISCUSSION:
On February 1, 2011, City Council directed staff to seek new bids for residential and municipal
solid waste collection services. After the City received four proposals in response to its Request
for Proposals (RFP), the City's Trash Committee recommended that the City Council award a
franchise agreement to the City's existing solid waste service provider Consolidated Disposal
Services, LLC (Consolidated). On August 2, 2011, the City Council unanimously voted to
award a non - exclusive franchise to Consolidated Disposal Services, LLC. The franchise
agreement obligates the City to pay Consolidated $3,565,500 during the seven -year term of the
agreement.
In all, up to 3981 residential services addresses, 12 City facilities and the City's downtown area
will receive city -paid solid waste collection services. Additionally, Consolidated will provide
trash collection support for several City- sponsored community events; two annual bulky item
collection events; collection of abandoned items in the public right -of -way; and implement a
13
1J.
periodic public outreach program to inform residents of the collection services available. A
dedicated telephone number must be maintained and advertised for residents to call for any
questions or complaints. Consolidated must also conduct annual audits of the trash collection
routes and make billing adjustments when necessary.
Please note that, at the time of this staff report mailing, the City attorney and CDS legal counsel
were still negotiating three remaining issues, which include:
• Section 1.01 j and 3.01: Whether the contract will represent an exclusive or non-
exclusive agreement
• Section 7.03: Whether the pollution exclusion endorsement will be deleted and replaced
with the Motor Carrier Act endorsement; and
• Section 14.04a, b: Whether missed pick ups will be collected the next day vs. next
business day.
All other agreement language and the terms of the Scope of Works have been agreed upon and
finalized. Staff anticipates that resolution of these three outstanding items will be reached before
the September 20, 2011 Council meeting and plans to present an update at that time. Therefore,
staff recommends that City Council receive and incorporate the results of the items still being
negotiated and approve a final seven -year franchise agreement with Consolidated Disposal
Services, LLC for residential and municipal waste hauling services. This approval will allow
staff and Consolidated to immediately begin implementing the Scope of Work so that the 30 -day
notification requirements can be met prior to the anticipated November 1, 2011 start date.
1��
FRANCHISE
FOR RESIDENTIAL AND MULTI - FAMILY RESIDENTIAL
SOLID WASTE COLLECTION
BETWEEN
THE CITY OF EL SEGUNDO
AND
CONSOLIDATED DISPOSAL SERVICES, LLC
PURSUANT TO
EL SEGUNDO MUNICIPAL CODE CHAPTER 5 -2
1 5 �
CONTENTS
ArticleI. RECITALS ....................................................................................... ............................... 1
ArticleII. DEFINITIONS ................................................................................ ...............................
3
Article III. GRANT OF FRANCHISE ............................................................ ...............................
8
Article IV. FRANCHISE EXCLUSIONS ..................................................... ...............................
11
ArticleV. TERM ........................................................................................... ...............................
12
Article VI. LIABILITY AND INDEMNIFICATION ................................... ...............................
12
Article VII. INSURANCE ............................................................................. ...............................
14
Article VIII. DIVERSION STANDARDS .................................................... ...............................
15
Article IX. TYPES AND FREQUENCY OF SERVICE ............................... ...............................
16
Article X. OPERATIONS .............................................................................. ...............................
21
Article XI. COLLECTION EQUIPMENT .................................................... ...............................
30
ArticleXII. PRIVACY .................................................................................. ...............................
31
Article XIII. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS ..............
31
Article XIV. CUSTOMER SERVICE ........................................................... ...............................
32
Article XV. EMERGENCY SERVICE ......................................................... ...............................
34
Article XVI. OWNERSHIP OF SOLID WASTE ......................................... ...............................
35
Article XVII. RATES AND BILLING .......................................................... ...............................
35
Article XVIII. FUTURE ADJUSTMENTS ................................................... ...............................
36
Article XIX. FRANCHISEE'S BOOKS AND RECORDS; AUDITS .......... ...............................
36
Article XX. THE ACT; REPORTING REQUIREMENTS .......................... ...............................
36
Article XXI. ACTIVITIES AND FINANCIAL REPORTS; ADVERSE INFORMATION.......
37
ArticleXXII. SECURITY ............................................................................. ...............................
41
Article XXIII. CITY'S ADDITIONAL REMEDIES .................................... ...............................
42
Article XXIV. FRANCHISE TRANSFER; CITY CONSENT; FEES ......... ...............................
43
Article XXV. MISCELLANEOUS PROVISIONS ....................................... ...............................
45
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SOLID WASTE FRANCHISE
THIS AGREEMENT is entered into on 12011 by and between CITY OF EL SEGUNDO,
a general law city and municipal corporation ( "CITY ") and CONSOLIDATED DISPOSAL
SERVICES, LLC, a Delaware limited liability company ( "FRANCHISEE ").
ARTICLE I. RECITALS.
Section 1.01 The Parties enter into this Agreement with reference to the following facts,
objectives, and understandings:
A. Pursuant to Article XI, § 7 of the California Constitution, CITY has the duty and
authority of matters of public sanitation;
B. The California Integrated Waste Management Act of 1989 (Public Resources Code §§
40000, et seq.; the "Act ") establishes a solid waste management process which requires
cities and other local jurisdictions to implement plans for source reduction, reuse and
recycling as integrated waste management practices and to meet the goals and objectives
of the Act;
C. The Act provides that aspects of solid waste handling of local concern include, without
limitation, frequency of collection, means of collection and transportation, level of
services, charges and fees, and nature, location and extent of providing solid waste
services, and whether the services are to be provided by means of nonexclusive, partially
exclusive or wholly exclusive franchise, contract, license or otherwise which may be
granted by local government under terms and conditions prescribed by the governing
body of the local agency;
D. CITY is obligated to protect the public health and safety of CITY's residents and
arrangements made by solid waste enterprises and recyclers for the collection of Solid
Wastes should be made in a manner consistent with the exercise of CITY's police power
for the protection of public health and safety;
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E. CITY and FRANCHISEE are mindful of the provisions of the laws governing the safe
collection, transport, recycling and disposal of Solid Waste, including the Act, the
Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901, et seq., and the
Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "),
42 U.S.C. §§ 9601, et seq.;
F. CITY and FRANCHISEE desire to leave no doubts as to their respective roles and to
make it clear that by entering into this Agreement, CITY is not thereby becoming a
"generator" or an "arranger" as those terms are used in the context of CERCLA § 107 (a)
(3) and that it is FRANCHISEE, an independent entity, not CITY, which will arrange to
collect from Premises in CITY's jurisdiction, transport for disposal and dispose of Solid
Wastes which may contain small amounts of products with the characteristics of
hazardous wastes, collect and compost Green Waste and collect and recycle Recyclable
Solid Wastes from Premises in CITY;
G. There are no places within CITY's limits where landfills are located, or which are
suitable for the siting of a landfill and therefore Solid Waste must be exported from
CITY;
H. CITY and FRANCHISEE agree that, subject to City's exercise of its right to require the
use of specific facilities as provided in Section 4.03 of this Agreement and
FRANCHISEE's right to additional compensation by reason thereof as provided in
Section 4.03 of this Agreement, it is FRANCHISEE, and not CITY, which will select the
landfill or transformation facility destination of the non - recyclable Solid Waste which
FRANCHISEE will arrange to collect, that CITY has not and, by this Agreement does
not, instruct FRANCHISEE on its collection methods, nor supervise FRANCHISEE in
the collection of waste and nothing in this Agreement or other action of CITY must be
construed to give rise to any inference that CITY has any title, ownership or right of
possession of such Solid Waste;
I. FRANCHISEE represents, and warrants to CITY that FRANCHISEE has the experience,
responsibility and qualifications to conduct recycling programs, to provide CITY with
information sufficient to meet CITY's reporting requirements under the Act, to meet
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CITY's other requirements under the Act, to arrange with residents of Premises in CITY
for the collection, safe transport and disposal of Solid Wastes which may contain small
amounts of household products with the characteristics of Hazardous Wastes, in a safe
manner which must minimize the adverse effects of collection vehicles on air quality and
traffic, and that FRANCHISEE has the ability to indemnify CITY in accordance with this
Agreement;
CITY's City Council determines and finds pursuant to Public Resources Code § 40059(a)
(1) that the public interest, health, safety and well- being, including the minimization of
adverse impacts on air quality and traffic from excessive numbers of collection vehicles,
the implementation of measures consistent with CITY's Source Reduction and Recycling
Component, and the protection of CITY against potential CERCLA liability, would be
served if FRANCHISEE were to be awarded a non - exclusive franchise for collection,
recycling and disposal of Residential Solid Waste from Residential Premises in CITY;
and
IN CONSIDERATION of the mutual terms, conditions and covenants herein contained,
the Parties agree as follows:
ARTICLE II. DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions will
govern the construction of the words and phrases used in this Agreement. Words and phrases
not defined by this chapter have the meanings stated in the El Segundo Municipal Code
( "ESMC ") or the Public Resources Code, and any successor statutes or regulations.
Section 2.01 "Act" means the California Integrated Waste Management Act of 1989
(Public Resources Code §§ 40000, et seq.), as it may be amended from time to time.
Section 2.02 Agreement" or "Franchise Agreement" means this written agreement between
CITY and FRANCHISEE, and all Exhibits and documents incorporated by reference, governing
provision of Solid Waste Services.
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Section 2.03 "Bins" or "Solid Waste Bins" means those containers provided for the
temporary accumulation and collection of Solid Waste or recycling from City Facilities. Bins
are usually two or three cubic yards in size, or larger.
Section 2.04 "CalRecycle" means the California Department of Resources Recovery and
Recycling.
Section 2.05 "CITY" or "GRANTOR" means the City of El Segundo, a general law city
and municipal corporation of the State of California, in its present incorporated form or in any
later reorganized, consolidated, enlarged or reincorporated form.
Section 2.06 "Disposal Site" means any solid waste handling facility or facilities used for
the final disposal of solid waste collected by the Franchisee.
Section 2.07 "Environmental Laws" means all federal and state statutes, county and City
ordinances concerning public health, safety and the environment including, by way of example
and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, 42 USC §§ 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §§
6902, et seq.; the Federal Clean Water Act, 33 USC §§ 1251, et seq.; the Toxic Substances
Control Act, 15 USC §§ 1601, et seq.; the Occupational Safety and Health Act, 29 USC §§ 651,
et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §§
25100, et seq.; the California Toxic Substances Control Act, California Health and Safety Code
§§ 25300, et seq.; the Porter- Cologne Water Quality Control Act, California Water Code §§
13000, et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and
Safety Code §§ 25249.5, et seq.; as currently in force or as later amended, and all rules and
regulations promulgated thereunder.
Section 2.08 "E- waste" includes the wastes set forth in 22 California Code of Regulations §
66273.9 for consumer electronic devices, including CRT Devices, that exhibit characteristics of
toxicity.
Section 2.09 "FRANCHISEE" means Consolidated Disposal Service, LLC, a limited
liability company organized and existing under and by virtue of the laws of the State of
M
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Delaware, with its principal place of business in Los Angeles County, and its lawful successors
or assigns.
Section 2.10 "Franchise Area" means the area depicted on attached Exhibit A which are
incorporated by reference and which may be changed in accordance with this Agreement as set
forth below.
Section 2.11 "Green Waste" means organic wastes generated by City crew operations.
Items include, without limitation, leaves, grass, weeds, and wood materials from trees and
shrubs, and similar materials that fit within a City facility Green Waste Container and that are
deposited in such containers by City crew personnel. Yucca leaves, palm fronds, tree stumps and
tree roots are not considered green waste.
Section 2.12 "City Facility Green Waste Containers" typically means bins of three (3)
cubic yard capacity or containers of twenty to forty (20 -40) cubic yard capacity (at the option of
the City) for the temporary accumulation and collection of Green Waste, supplied by
FRANCHISEE to CITY facility locations covered specified in Exhibit B ( "Scope of Work "),
when requested by the person in charge of day to day activities at the premises. Each Green
Waste Container provided by FRANCHISEE will have a decal on the container, describing what
materials may, and may not, be placed in the container for collection. Title to Green Waste
Containers provided by FRANCHISEE remains with FRANCHISEE.
Section 2.13 "Hazardous Waste" or "HW" means any flammable, explosive, or radioactive
materials or hazardous, toxic or dangerous wastes, substances or related materials or any other
chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any
federal, state, local law or regulation or which, even if not so regulated, may or could pose a
hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum
products and byproducts, substances defined or listed as "hazardous substances" or "toxic
substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste
Management, Resource Recovery and Recycling Act (Government. Code §§ 66700, et seq.); the
Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601
et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource
Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); Health and Safety Code §§ 25117
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or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3);
any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C.
§§ 2601 et seq.); any "toxic pollutant" under the Clean Water Act (33 U.S.C. §§ 1251 et seq.);
and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.).
Section 2.14 "Household Hazardous Waste" or "HHW" "Household hazardous waste"
means any Hazardous Waste generated incidental to owning or maintaining a residence
including, without limitation, E- waste. Household hazardous waste does not include any waste
generated in the course of operating a business at a residence (see 22 Cal. Code of Regs. §
66260.10).
Section 2.15 "Recycling Materials" means the following materials generated in or
emanating from Residential premises or City facilities and no longer useful or wanted: glass jars
and bottles; steel, bi- metal, and tin cans; empty aerosol containers; PET plastic; HDPE plastic;
plastics types 3 — 7; plastic bags, shrink wrap, plastic toys and tools, and other plastic materials
(if readily identifiable as being recyclable and delivered to a drop -off center); juice boxes and
milk cartons (aseptic packaging, Tetra Pak° and waxed cardboard); scrap metal, coat hangers
and metal foil; newspaper; mixed paper (e.g., ledger, computer, junk mail, magazines, paperback
books, cereal boxes, envelopes, paper shopping bags and non - metallic wrapping paper); and
telephone books, and such additional materials as the City Council may designate from time to
time.
Section 2.16 "City Facilities Recycling Container" means any bin of three (3) cubic yard
capacity for the temporary accumulation and collection of source - separated Recyclable Solid
Wastes, supplied by FRANCHISEE to City facility locations specified in Exhibit B ( "Scope of
Work "). The term "City Facilities Recycling Container" also includes any other containers
designated by FRANCHISEE to be used for temporary accumulation and collection of
Recyclable materials, such as the forty (40) cubic yard recycling containers used for the drop -off
of residential recyclable materials by residents at the City Yard. Each Recycling Container
provided by FRANCHISEE will have a "hot stamp" or decal on the cover, describing what
materials may, and may not, be placed in the container for collection. Title to Recycling
Containers provided by FRANCHISEE remains with FRANCHISEE.
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Section 2.17 "Residential Recycling Container," means a container provided by the
Franchisee to Residential premises for use in collecting and moving recyclable materials to
curbside for collection by Franchisee. The recycling container must have a maximum capacity
of 32 gallons so long as collection occurs not less than weekly. The container must indicate the
type of material that can be placed in the container and be identified as a recycling container with
a recycling logo.
Section 2.18 "Recycling" means any process by which materials that would otherwise
become solid waste are collected (whether source - separated, co- mingled, or as mixed waste),
separated or processed and returned to the economic mainstream in the form of raw materials or
products or materials that are salvaged or recovered for reuse.
Section 2.19 "Residential Account" means an account for solid waste collection and
recycling services provided to any Residential Premises.
Section 2.20 "Residential Householder" means any person holding and /or occupying
residential premises, whether or not the owner, singly, or with his or her family, in the City.
Section 2.21 "Residential Premises" means all property which is used for residential
purposes within the City, including single - family premises, multi - family premises, apartment
houses, condominiums, mixed condominiums and rental housing, senior citizen housing
complexes, mobile home parks, and trailer parks, containing four (4) residential dwelling units or
less.
Section 2.22 "Scavenging" means the unauthorized removal of Recyclable Solid Wastes.
Scavenging is prohibited by Public Resources Code § 41950.
Section 2.23 "ESMC" means the El Segundo Municipal Code, as amended, including,
without limitation, Chapter 5 -2 of the ESMC which regulates solid waste within CITY's
jurisdiction.
Section 2.24 "Solid Waste" has the meaning defined in Public Resources Code § 40191,
including all putrescible and nonputrescible solid and semi solid waste, generated in or upon,
related to the occupancy or, remaining in or emanating from Residential premises or City
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facilities, including recyclable materials, garbage, trash, refuse, paper, rubbish, ashes, industrial
waste, discarded home and industrial appliances, manure, vegetable or animal solid wastes, other
solid and semisolid waste, excluding liquid wastes, abandoned vehicles, hazardous and medical
waste.
Section 2.25 "Residential Solid Waste Container" means a container supplied by a
residential householder, made of metal, hard rubber or plastic with handles and with a capacity
of approximately thirty five (35) gallons that is serviced by a truck for standard, manual curbside
residential collection. Container size is plus /minus 15% depending on manufacturer.
Section 2.26 "Solid Waste Handling" or "Handling" means the collection, transportation,
storage, transfer, or processing of solid wastes.
Section 2.28 "Special Waste" means solid waste that is a "designated waste" under applicable
law, is required to be accompanied by a written manifest or shipping document describing the
waste under applicable law, or requires special handling at any processing facility or disposal
site.
Section 2.29 "Streets" means the public streets, ways, alleys and places within CITY as the
same now or may hereafter exist, and in which CITY has the authority to grant a Franchise.
Section 2.30 "Universal Waste" means waste materials that are conditionally exempt from
classification as hazardous waste pursuant to 22 California Code of Regulations § 66261.9,
including without limitation batteries, computers and peripherals, printers, CRT monitors,
televisions, electronic equipment, and cathode ray tubes.
Section 2.31 "City Facility" locations means those city owned facilities identified in Exhibit B
( "Scope of Work ") receiving solid waste collection services from FRANCHISEE.
ARTICLE III. GRANT OF FRANCHISE
Section 3.01 Grant. The City Council grants to FRANCHISEE a non - exclusive solid waste
franchise for collecting, transferring, recycling, composting, and disposing solid wastes,
including recyclable solid wastes and /or green waste from Residential premises and City facility
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locations within CITY's jurisdiction as set forth in the attached Exhibit A, which is incorporated
by reference.
Section 3.02 Agreement Subject to ESMC. In addition to the terms and conditions set forth in
this Agreement, this Agreement is subject to the terms, conditions, and limitations set forth in
Chapter 5 -2 of the ESMC.
Section 3.03 CITY's prior rights. All privileges set forth in this Agreement are subordinate to
any prior lawful use and occupancy of CITY's streets. However, City represents that there are
and will be no material restrictions on FRANCHISEE's ability to utilize CITY's streets to carry
out its obligations pursuant to this Agreement.
Section 3.04 Cost of operating franchise. Any act permitted by this Agreement must be
performed at FRANCHISEE's own expense, unless expressly provided otherwise in this
franchise or applicable law.
Section 3.05 Waiver of rights. FRANCHISEE waives any right it may have to challenge the
terms of this Agreement under federal, state or local law, or administrative regulation, except as
provided in the dispute resolution provisions in this Agreement.
Section 3.06 Annexation. Nothing in this franchise extends FRANCHISEE's rights under this
Agreement to territory that may be annexed to CITY'S jurisdiction after this Agreement becomes
effective. The parties may, but are not required to, negotiate for extending FRANCHISEE's
franchise to any such annexed territory.
Section 3.07 The effectiveness of this Agreement, and the performance of the City's
obligations, are subject to the satisfaction of all conditions set out below, any of which may be
waived by the City in whole or in part:
A. Accuracy of Representations. Representations and warranties made by the Franchisee in
this Agreement are true and correct as of the Operative Date.
B. Furnishing of Insurance and Bonds. FRANCHISEE has furnished evidence satisfactory
to the City Manager of the insurance and bonds required by the ESMC and this
Agreement.
C. Effectiveness of City Council Action. The City's ordinance approving this Agreement
becomes effective under California law before the Operative Date of this Agreement.
Section 3.08 Delegation of Authority. Administration of this Agreement by CITY will be
under the supervision and direction of the City Manager. Any and all actions specified in this
Agreement, unless otherwise stated, will be taken by the City Manager.
Section 3.09 General. CITY may direct FRANCHISEE to perform additional services
(including new diversion programs, etc.), or to modify the manner in which it performs existing
services or bills for services. Pilot programs and innovative services that may entail new
collection methods, different kinds of services or new requirements for customers, are included
among the kinds of changes that CITY may direct. FRANCHISEE is entitled to an equitable
adjustment in its compensation for providing such additional or modified services.
FRANCHISEE is not required to perform additional services or to modify the manner in which it
performs existing services or bills for services in any manner which materially and adversely
alters FRANCHISEE's rights and obligations pursuant to this Agreement, or which increases the
cost to FRANCHISEE of providing such services, without the written consent of FRANCHISEE.
Section 3.10 New Diversion Programs. In conjunction with the requirements of this
Agreement, FRANCHISEE must present, within 30 days of a request from the City, a proposal
to provide additional or expanded diversion services. The proposal must contain a complete
description of the following:
A. Collection methodology to be employed (e.g., equipment and manpower).
B. Equipment to be used (e.g., vehicle number, types, capacity, and age).
C. Labor requirements (e.g., number of employees by classification).
D. Type of containers to be used.
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E. Program publicity, education, and marketing.
F. Three -year projection of the financial results of the program's operations in an operating
statement format, including documentation of the key assumptions underlying the
projections and the support for those assumptions.
Section 3.11 City's Right to Acquire Other Services. FRANCHISEE acknowledges that
CITY may permit other persons to provide additional solid waste services which are not
otherwise provided for in this Agreement, including specific niche services such as collection of
water heaters. If CITY proposes to grant any such rights, CITY agrees to notify FRANCHISEE
in writing at least ninety (90) days in advance. FRANCHISEE has the first right of negotiation
and to present a proposal to CITY with respect to provision of such additional services,
whereupon CITY and FRANCHISEE agree to negotiate in good faith with respect to provision
of such additional services. If FRANCHISEE and CITY cannot agree on terms and conditions
for additional or expanded diversion services within 90 days from the date when CITY first
requests a proposal from FRANCHISEE to perform those services, CITY may authorize persons
other than FRANCHISEE to provide those services.
ARTICLE IV. FRANCHISE EXCLUSIONS
Section 4.01 Gardeners and Landscapers. This Agreement does not prohibit gardeners and
landscapers from collecting, transporting and composting or disposing of Green Waste, as long
as they transport such Green Waste to a Compostable Materials Handling Facility or a Green
Material Composting Facility, as defined in 14 Cal. Code of Regs. § 17852, or other site
permitted (or exempt from permitting) by CalRecycle in accordance with all governing laws and
regulations.
Section 4.02 Sale or Gift of Recyclable Materials. This Agreement does not prohibit any
person from selling Recyclable Materials or giving Recyclable Materials away to persons or
entities other than FRANCHISEE.
Section 4.03 Flow Control - Reservation of Rights. Subject to the provisions of Section
9.14 of this Agreement, FRANCHISEE agrees to deliver to solid waste disposal facilities all
solid waste collected pursuant to this Agreement which cannot be recycled or otherwise diverted
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from landfills. The Parties agree to exercise good faith efforts to negotiate reasonable
compensation to FRANCHISEE in the event such diversion results in actual increased expenses
to FRANCHISEE.
Section 4.04 Prohibitions. FRANCHISEE is prohibited from commingling waste collected
from within CITY's limits with other wastes such as that from the unincorporated area or other
cities. However, nothing herein prohibits commingling of residual waste after diversion of
recyclable materials, unless such commingling violates rules or regulations of landfills to which
FRANCHISEE transports such residual waste.
ARTICLE V. TERM
Section 5.01 The term of this Agreement is a base period of seven (7) years, commencing
on November 1, 2011 and ending October 31, 2018.
Section 5.02 FRANCHISEE is also required to cooperate with CITY and any successor
operator (by providing, e.g., access to landfill destination information, insurance and
indemnification and an insurance policy repository) beyond the period during which collection
services are to be pursuant to this Agreement.
ARTICLE VI. LIABILITY AND INDEMNIFICATION.
Section 6.01 FRANCHISEE agrees to the following:
A. FRANCHISEE indemnifies and holds CITY harmless from and against any claim, action,
damages, costs (including, without limitation, reasonable attorney's fees and penalties),
injuries, or liability, arising out of this Agreement, or its performance including, without
limitation, damages or penalties arising from FRANCHISEE's removal, remediation,
response or other plan concerning any Hazardous Waste resulting in the release of any
Hazardous Waste into the environment, except for such loss or damage arising from
CITY's sole negligence or willful misconduct, and except for such loss or damage arising
primarily out of acts or omissions of third parties not under the control of FRANCHISEE,
its affiliates, officers, directors, employees or agents. Should CITY be named in any suit,
or should any claim be brought against it by suit or otherwise, whether the same be
groundless or not, arising out of this Agreement, or its performance by FRANCHISEE,
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FRANCHISEE will defend CITY (at CITY's request and with counsel reasonably
satisfactory to CITY) and will indemnify (including, without limitation, insurance to the
extent applicable) CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise, except as to acts or omissions of CITY, its officers and agents,
and except as to acts or omissions of third parties not under the control of FRANCHISEE,
its, affiliates, officers, directors, employees or agents.
B. Without limiting the foregoing, FRANCHISEE must indemnify, defend, protect and hold
harmless CITY from and against all claims, actual damages (including, without
limitation, special and consequential damages), natural resources damages, punitive
damages, injuries, costs, response, remediation and removal costs, losses, demands, debts,
liens, liabilities, causes of action, suits, legal or administrative proceedings, including,
without limitation, cleanup and abatement orders of the United States Environmental
Protection Agency, the California Integrated Waste Management Board, the California
Department of Toxic Substances Control, the State Water Resources Control Board, a
Regional Water Quality Control Board, and any Local Enforcement Agency with
jurisdiction; other administrative agencies, interest, fines, charges, penalties and expenses
(including without limitation attorneys' and expert witness fees and costs incurred in
connection with defending against any of the foregoing or in enforcing this indemnity) of
any kind whatsoever paid, incurred or suffered by, or asserted against, CITY arising from
or attributable to any repair, cleanup or detoxification, or preparation and implementation
of any removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any Hazardous Waste in any Solid
Waste collected by FRANCHISEE pursuant to this Agreement, which is or has been
transported, transferred, processed, stored, disposed of or which has otherwise come to be
located by FRANCHISEE, or its activities pursuant to this Agreement result in a release
of a Hazardous Waste into the environment, except for such loss or damage arising from
CITY's sole negligence or willful misconduct.
C. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC §
9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act;
"CERCLA ") and Health & Safety Code § 25364 to defend, protect, hold harmless, and
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indemnify CITY from all forms of liability under CERCLA, or other applicable law, for
any and all matters addressed in this Agreement.
D. For purposes of this section "CITY" includes CITY's officers; elected and appointed
officials; employees; agents; representatives; and volunteers.
E. FRANCHISEE expressly agrees that this release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of California
and that if any portion is held invalid, it is agreed that the balance will, notwithstanding,
continue in full legal force and effect.
F. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
Section 6.02 The requirements as to the types and limits of insurance coverage to be
maintained by FRANCHISEE as required by this Agreement, and any approval of said insurance
by CITY, are not intended to and will not in any manner limit or qualify the liabilities and
obligations otherwise assumed by FRANCHISEE pursuant to this Agreement, including, without
limitation, to the provisions concerning indemnification.
ARTICLE VII. INSURANCE
Section 7.01 Before commencing performance under this Agreement, and at all other times
this Agreement is effective, FRANCHISEE will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$5,000,000
$5,000,000
Statutory requirement.
Section 7.02 Commercial general liability insurance must meet or exceed the requirements
of ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth
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above will be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to name CITY, its
officials, and employees as "additional insured's" under said insurance coverage and to state that
such insurance will be deemed "primary" such that any other insurance that may be carried by
CITY will be excess thereto. Such insurance must be on an "occurrence," not a "claims made,"
basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to CITY.
Section 7.03 Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 0106 92, including symbol 1 (Any Auto). The Automobile Liability policy must be
endorsed to delete the Pollution exclusion and add the Motor Carrier Act endorsement (MCS-
90), TL 1005, TL 1007 and /or other endorsements required by federal or state authorities.
Section 7.04 FRANCHISEE will furnish to CITY duly authenticated endorsements and
such other evidence of insurance or copies of policies as may be reasonably required by CITY
from time to time. Insurance must be placed with admitted insurers with a current A.M. Best
Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will
provide thirty (30) day notice of any cancellation of coverage. FRANCHISEE will require its
insurer to modify such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
Section 7.05 Should FRANCHISEE, for any reason, fail to obtain and maintain the
insurance required by this Agreement, CITY may obtain such coverage at FRANCHISEE's
expense and deduct the cost of such insurance from payments due to FRANCHISEE under this
Agreement or terminate.
Section 7.06 Self - Insurance. To the extent provided by law, all or any part of any required
insurance may be provided under a plan of self - insurance approved by the State of California.
ARTICLE VIII. DIVERSION STANDARDS
Section 8.01 FRANCHISEE agrees to work with CITY in order to facilitate compliance
with the Act and subsequent State legislation including, without limitation, Public Resources
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Code §41780, on an annual basis from January 1 through December 31. In the event of a
determination by CalRecycle that CITY has failed or will fail to meets its diversion goals
because the waste stream under the control of FRANCHISEE is found to be non - compliant with
such goals, FRANCHISEE and CITY agree to negotiate in good faith any additional programs or
services that may be required to failitate such compliance.
Section 8.02 If FRANCHISEE does not meet any of the above diversion standards in any
given year, then FRANCHISEE must document to CITY the reason for not meeting the
applicable diversion standard. If the deficiency is due to diversion of materials from the waste
stream before FRANCHISEE takes possession (for example, service recipients within the
Franchise Area sell recyclable materials to third parties as permitted pursuant to this Agreement),
and such third -party diversion is documented to CITY's commercially reasonable satisfaction,
the diversion from other sources, then and only then will CITY waive the applicable diversion
rate for such year.
Section 8.03 The parties desire that FRANCHISEE achieve the greatest diversion possible
under this Agreement. In evaluating the diversion programs and diversion rates CITY may
consider, without limitation, actual tons of diversion, program effectiveness, comparison to other
jurisdictions programs and diversion rates, exercise by CITY of rights to designate facilities to be
used by FRANCHISEE pursuant to Sections 4.03 and 9.14 of this Agreement, third -party
diversion prior to FRANCHISEE collection of solid waste materials, changes in the industry
and /or state laws, and other reasonably relevant factors. The parties may execute an amendment
to this Agreement reflecting any changes in the diversion rates hereunder.
ARTICLE IX. TYPES AND FREQUENCY OF SERVICE
Section 9.01 Public Health and Safety - General. FRANCHISEE must arrange for
collecting Residential Solid Waste at least once per week, on the regular collection day, or more
frequently as FRANCHISEE and its customers may agree. FRANCHISEE agrees to consider
and implement CITY's suggestions to mitigate adverse effects on traffic and air quality that
FRANCHISEE's routes and scheduling may cause.
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Section 9.02 FRANCHISEE must take all routing, emission, and other measures
reasonably necessary to ensure CITY's compliance with the Los Angeles County Air Pollution
Control District, the South Central Coast Air Quality Management District, and the California
Air Resources Board regulations, as applicable.
Section 9.03 FRANCHISEE must collect and remove all Solid Waste placed in Solid
Waste from all Residential Premises and City Facility locations affected by this Agreement
within CITY in conformance with the minimum frequency set forth in applicable law to prevent
overflows and spillage from Bins.
Section 9.04 FRANCHISEE agrees to provide Residential Recycling Containers to
Residential premises two weeks prior to commencement of service. Residential Recycling
containers must have a minimum capacity of 18 gallons and a maximum capacity of 32 gallons
with size chosen by the residential customer being serviced. Residential customers are entitled
to request up to 64- gallons of Recycling Container capacity. In addition to or in lieu of the
Residential Recycling Containers supplied by FRANCHISEE, Residential customers may also
place their own recycling containers at the curb for collection by FRANCHISEE as long as the
containers contain a contractor - supplied "recycling sticker" designating such container as
containing Recycling Materials. The size of such customer - provided recycling containers shall
be consistent with the requirements of Section 2.25. FRANCHISEE agrees to provide City
Facility Recycling Containers to City Facility locations as specified in Exhbit B ( "Scope of
Work "). FRANCHISEE will mark each of its Bins placed in CITY's jurisdiction with
conspicuous notices that the disposal of hazardous materials and hazardous wastes is prohibited.
FRANCHISEE will reasonably maintain all of its Bins placed within CITY's jurisdiction free of
"tagging" or "graffiti" within the time periods specified in Section 9.02 of this Agreement."
Section 9.05 The work to be performed by FRANCHISEE includes, without limitation,
furnishing of all labor, supervision, equipment, materials, supplies, and other items necessary to
perform the services required. The designation of, and specification of requirements for,
particular items of labor or equipment does not relieve FRANCHISEE of the duty to furnish all
others, as may be required, whether or not identified elsewhere in this Agreement.
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Section 9.06 The work to be performed by FRANCHISEE will be performed in a thorough
and professional manner so that customers within CITY are provided with reliable, courteous,
and high - quality solid waste, recyclable materials and green waste collection services at all times
during the term of this Agreement.
Section 9.07 Manual Residential Solid Waste Collection Service. Franchisee must collect
Solid Waste delivered for collection at the curbside by residential accounts not less than once
each calendar week. Not more than seven (7) days must elapse between collections (except for
one -day adjustments during weeks in which a holiday occurs). FRANCHISEE must offer
residential householders service levels as defined in the Scope of Work. The designated
collection location of containers, if disputed by the customer or FRANCHISEE, will be
determined by CITY. Additionally, if in CITY's opinion the existing collection location is
inappropriate, CITY may require the customer or FRANCHISEE to relocate the collection
location.
Section 9.08 Bulky Goods Pick -Up. FRANCHISEE must provide unlimited, weekly
curbside Bulky Goods pick -up per service recipient as part of the basic Solid Waste service.
Such service must be provided to all residential service addresses covered under this contract.
FRANCHISEE is not required to remove automobile bodies or any other items which may not be
safely handled by two persons. FRANCHISEE must comply with all applicable regulations
governing the recovery of ozone - depleting refrigerants during the disposal of air conditioning or
refrigeration equipment, including, without limitation 40 C.F.R, Part 82. To ensure
implementation of this provision, FRANCHISEE must provide details of its proposed bulky item
pick -up schedule and promotional campaign, and provide CITY an annual report on the number
of items collected per customer location.
A. FRANCHISEE will use its best efforts to reuse, recycle or dispose of Bulky Goods in the
following order:
1. Reuse as is (if energy efficient);
2. Disassemble for reuse or Recycling;
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3. Recycle; or
4. Disposal.
Section 9.09 Semi Annual Community Drop -off Events. Franchisee must promote and
conduct two Community Drop -off Events for collecting bulky items and E -waste from the
Residential premises in CITY. This program must comply with all applicable regulatory
requirements, be scheduled on a date mutually acceptable to FRANCHISEE and CITY, and
impose no additional cost upon CITY or service recipients. FRANCHISEE is responsible for all
aspects of the program, including without limitation, selecting the location, obtaining all
applicable permits, traffic control, on -site security, and public information, as well as collection,
packing, transportation, and safe disposal of all waste collected. The term "On -site security"
refers to traffic control and verification of eligibility within the off - street premises utilized for
such events, but does not include traffic control on CITY streets or providing security that is
customarily provided by law enforcement. Neither CITY nor CITY's residents will be
designated as the generator.
Section 9.10 Container Service for City /Community Events /Project. At the request of
CITY, FRANCHISEE must provide reasonable amounts of solid waste and /or recycling
container service at no cost for City- sponsored events, as set forth in Exhibit B, Scope of Work,
to this Agreement. FRANCHISEE is only required to provide containers in commercially
reasonable amounts, and is not responsible for picking up litter not placed into containers.
Section 9.11 At the request of CITY, FRANCHISEE must provide solid waste containers
for the collection of asphalt and street sweeping debris from CITY Yard, as referenced in Exhibit
B ( "Scope of Work "), at the rates included in Exhibit C.
Section 9.12 Manual Residential Recyclables Collection. FRANCHISEE must provide
manual residential recycling collection to all residential accounts on the same day as solid waste
collection. Materials to be collected are as defined in this Agreement. FRANCHISEE must
provide each solid waste customer one recycling container, with size to be determined by the
customer, with a maximum size of 32 gallons. FRANCHISEE must make available additional
recycling containers as requested by the customer, in accordance with Paragraph 9.04.
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FRANCHISEE must collect and remove all recyclable materials placed in recycling containers at
the curbside.
Section 9.13 City Facility Recycling Bin Service. FRANCHISEE agrees to provide
recycling collection service to all City Facilities receiving bin service. FRANCHISEE, at
FRANCHISEE 's sole expense, must deliver City Facility Recycling Containers, to be used
exclusively for accumulation, separation and collection of Recyclable Solid Wastes to each City
Facility location as identified by the CITY in Exhibit B ( "Scope of Work "). FRANCHISEE
must collect, remove and recycle all Recyclable Solid Waste placed in Recycling Bins.
FRANCHISEE agrees to use its best efforts to process Recyclable Solid Waste through the
Designated Recycling Facility or any facility permitted pursuant to this Agreement in order to
maximize the diversion of Solid Waste from landfills.
Section 9.14 Warning Notice. FRANCHISEE must notify customers who have non -
Recyclable Materials in their recycling container, in accordance with procedures to be agreed
upon between CITY and FRANCHISEE. If, after following this procedure, the container
continues to be contaminated, FRANCHISEE may remove the recycling container from
customers who fail to sort properly and who fail to segregate recyclable materials in accordance
with City- approved policy. FRANCHISEE must report to CITY on all warning notices that have
been issued of issuing the notice by the next business day. Sending a copy of the notice(s) to
City Manager's designee via facsimile or electronic mail will satisfy this requirement.
Section 9.15 Marketing and Sale of Recyclable Materials. FRANCHISEE is responsible
for the marketing and sale of all recyclable materials collected under this Agreement.
Section 9.16 Green Waste Program
A. City Facility Green Waste Bin Collection. FRANCHISEE, at FRANCHISEE's sole
expense, must deliver Green Waste Containers, to be used exclusively for accumulation,
separation and collection of Green Wastes to each municipal location designated by
CITY. FRANCHISEE must collect, remove and recycle all Green Waste placed in Green
Waste Containers. FRANCHISEE must use its best efforts to obtain maximum diversion
credit, if available, for Green Waste, including Holiday Trees.
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B. Holiday Tree Collection Program. FRANCHISEE must conduct an annual holiday tree
collection program. The program will include collection from all Residential premises.
The curbside collection period must commence on the first collection day after December
25 and will conclude on the second Friday of January. FRANCHISEE must cooperate
with CITY in the scheduling and operation of the holiday tree collection program.
Additionally, FRANCHISEE will provide one or more large bins for centralized holiday
tree collection at a CITY facility.
Section 9.17 Collection from City Facilities. FRANCHISEE must collect and dispose of
all solid waste placed solid waste containers and recyclable material containers from the
following City facility locations: City Hall Complex, Community Center(s), Police Department,
Fire Department(s), Main Street Receptacles, Police Storefront, Maintenance Yard, Water Yard,
from parks owned and operated by CITY and any other CITY facility identified in Exhibit `B,"
Scope of Work Such services must be provided at no cost to CITY, except as provided in
Exhibit C. Bins must be placed in areas reasonably designated by FRANCHISEE and accessible
to FRANCHISEE's front - loading vehicles. FRANCHISEE is only obligated to pick up materials
in bins provided by FRANCHISEE, and is not obligated to clean up litter or to pick up containers
other than those provided by FRANCHISEE. Collection must occur in accordance with a
schedule provided by FRANCHISEE and which has been approved by the City Manager, which
approval cannot be unreasonably withheld or delayed.
Section 9.18 End Uses for Green Waste. FRANCHISEE will use reasonable efforts to
divert from disposal all green waste materials collected through curbside collection, and through
holiday tree collections. FRANCHISEE will also use reasonable efforts to provide end uses for
green waste that maximize diversion credits for CITY in accordance with regulations established
by CalRecycle.
ARTICLE X. OPERATIONS
Section 10.01 Operations
A. Hours of Collection. FRANCHISEE's arrangements for collecting Solid Waste
must provide that collections cannot start before 7 a.m. or continue after 7 p.m.,
Monday through Friday, nor before 7 a.m. nor after 7 p.m. for collections on
Saturdays following holidays. This time may be extended occasionally in the
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event that collection is delayed due to unanticipated mechanical breakdown of
equipment, unanticipated illnesses of designated drivers, rain, flood, earthquake,
or other forces majeure beyond the reasonable control of FRANCHISEE. City
facility collections that are beyond three hundred (300) feet from residential areas
cannot start before 6 a.m. nor continue after 7 p.m., on any day, subject to
occasional extension for the same reasons set forth in the preceding sentence.
B. Collection on Holidays. Notwithstanding any other provision of this Agreement
to the contrary, collections need not occur if the regularly scheduled day of
collection on any route in CITY falls on a day on which a legal holiday is
observed by the landfill, transformation, materials recovery facility, or
Compostable Materials Handling Facility destination of the Solid Waste to be
collected by FRANCHISEE (presently New Year's Day, Memorial Day, Fourth
of July, Labor Day, Thanksgiving Day and Christmas Day). FRANCHISEE will
provide collection service on the day following the day on which the holiday is
observed. Regular collection days falling later in the same week must be delayed
one day, except that routes scheduled to be collected on a Friday following the
observation of a holiday must be collected on Saturday. Regular collection
schedules must be resumed the following week. FRANCHISEE must advertise
changes in its collection schedules in a newspaper of general circulation
adjudicated for CITY.
C. Schedules. FRANCHISEE must review annually with CITY its operation plan
outlining the collection routes, intervals of collection, and collection times for all
materials collected under this Agreement, upon 30 -days written notice by CITY
requesting such review. More frequent reviews may be required if operations are
not satisfactory, based on documented observations or reports of complaints. If
the plan is determined by CITY to be inadequate, FRANCHISEE must modify its
plan by incorporating changes into a revised plan and reviewing that revised plan
with CITY within 30 calendar days.
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Section 10.02 Residential Recycling Containers. Container Ownership and Maintenance
Responsibilities. FRANCHISEE is responsible for recycling container repair and maintenance,
graffiti removal, and replacing lost, stolen or damaged containers within five (5) business days at
no additional charge to CITY. FRANCHISEE may, however, charge the user for repairing or
replacing a container if the damage is due to the user's willful negligence or abuse. In no event
may this charge be greater than the FRANCHISEE's actual cost for replacement parts or a new
container, or $50. All containers provided under this Agreement are FRANCHISEE's property
and CITY may direct FRANCHISEE to remove the containers at the end of the Agreement at no
charge, should CITY so desire.
Section 10.03 Bins. FRANCHISEE must maintain its containers in a clean and sound
condition, free from putrescible residue. Containers must be equipped with reflectors or
reflective tape to enhance visibility. Containers must be constructed of heavy metal, or other
durable material, and must be watertight and well painted. Wheels, forklift slots, and other
appurtenances, which are designed for movement, loading, or unloading of the container, must
be maintained in good repair. FRANCHISEE must inspect, and if necessary, clean or replace all
containers once each year at no charge. FRANCHISEE must perform cleaning or replacement of
containers more frequently, if necessary, for an additional fee, to prevent a nuisance caused by
odors or vector harborage. CITY may request additional cleanings at price designated between
FRANCHISEE and CITY. FRANCHISEE must remove graffiti from any container within five
(5) business days of request by CITY or users. Each bin placed in CITY by FRANCHISEE must
have the name and phone number of FRANCHISEE in letters not less than three inches high on
the exterior of the container so as to be visible when the container is placed for use. Each
container must be labeled with a conspicuous warning: "Not to be used for the disposal of
hazardous, electronic or universal waste."
Section 10.04 Rolloff Boxes. FRANCHISEE must provide clean rolloff boxes, free from
graffiti and equipped with reflectors. FRANCHISEE must properly cover all open rolloff boxes
during transport to and from the disposal site.
Section 10.05 Litter Abatement
A. Minimization of Spills. FRANCHISEE must use due care to prevent solid waste or fluids
from leaking or being spilled or scattered during the collection or transportation process.
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If any solid waste or fluids leak, or are spilled during collection, FRANCHISEE must
promptly clean up those materials. Each collection vehicle must carry a broom, sand, and
shovel at all times for this purpose. FRANCHISEE may not, without CITY's prior
written consent, transfer loads from one vehicle to another on any public street, unless it
is necessary to do so because of mechanical failure, accidental damage to a vehicle, or a
pre- approved method of solid waste transfer between vehicles.
B. Clean Up. During the collection or transportation process, FRANCHISEE must clean up
litter in the immediate vicinity of any solid waste storage or collection area under its
control or as a result of FRANCHISEE actions. If FRANCHISEE arrives at a residential
collection area with existing litter, FRANCHISEE must photo document the pre- existing
condition and report the condition to the City Manager, or designee. FRANCHISEE
must identify instances of repeated spillage caused by users and must report those
instances to the City Manager, or designee. CITY must attempt to rectify such situations
directly with the user, if FRANCHISEE has already attempted to do so without success.
Section 10.06 Personnel
A. FRANCHISEE must furnish qualified drivers, mechanical, supervisory, clerical,
management and other personnel as may be necessary to provide the services required by
this Agreement in a satisfactory, safe, economical, and efficient manner. All drivers must
be trained and qualified in the operation of vehicles they operate and must possess a valid
license, of the appropriate class, issued by the California Department of Motor Vehicles.
B. FRANCHISEE must establish and vigorously enforce an educational program to train
FRANCHISEE's employees in the identification of hazardous waste. FRANCHISEE's
employees must not knowingly place any hazardous waste in the collection vehicles, nor
knowingly dispose of any hazardous wastes at a processing facility or disposal site.
C. FRANCHISEE must train its employees in customer courtesy, prohibit the use of loud or
profane language, and instruct collection crews to perform all work quietly.
FRANCHISEE must use its best efforts to ensure that all employees present a neat
appearance and conduct themselves in a courteous manner. If any employee is found to
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be discourteous or not to be performing services in the manner required by this
Agreement, FRANCHISEE must take all necessary corrective measures including,
without limitation, transfer, discipline, or termination. If CITY notified FRANCHISEE
of a complaint related to discourteous or improper behavior, FRANCHISEE must
consider reassigning the employee to duties not involving contact with the public in
CITY of while FRANCHISEE is pursuing its investigation and corrective actions.
D. FRANCHISEE must provide suitable operations, health, and safety training for all of its
employees who use or operate equipment or who are otherwise directly involved in
collection or related operations.
Section 10.07 Identification Required. FRANCHISEE must provide its employees,
subsidiaries, and subcontractors with identification for all individuals who may have personal
contact with residents in CITY. FRANCHISEE must provide a list of current employees,
subsidiaries, and subcontractors to the City Manager, or designee, upon request.
A. CITY may, at its sole discretion, conduct through law enforcement agencies a security
and identification check of FRANCHISEE, and its present and future employees, in
accordance with accepted procedures established by CITY.
Section 10.08 Fees and Gratuities. FRANCHISEE may not, nor may it permit any agent,
employee, or subcontractor employed by it, to request, solicit, demand, or accept, either directly
or indirectly, any compensation or gratuity for the collection, transportation, recycling,
processing, or disposal of solid waste other than FRANCHISEE compensation that is normally
paid.
Section 10.09 Non - Discrimination. FRANCHISEE may not discriminate in the provision of
service or the employment of persons engaged in the performance of this Agreement on account
of race, color, religion, sex, age, physical handicap or medical condition in violation of any
applicable federal or state law, except to the extent that any physical handicap or medical
condition directly affects the ability of an employee to carry out the essential functions of his or
her employment as provided by applicable federal or state law.
Section 10.10 Change in Collection Schedule. FRANCHISEE must notify CITY 45 days
before, and residential accounts not later than 14 days before, any change in collection operations
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that results in a change in the day on which residential solid waste collection occurs.
FRANCHISEE cannot allow any customer to be without service for more than 7 calendar days in
connection with a collection schedule change. CITY's approval of any change in residential
collection is required before such change. This approval cannot be unreasonably withheld.
A. Any changes in the route map or collection schedule require the prior approval of the City
Manager, or designee. CITY may request changes in the route map or collection
schedule to improve service, to resolve complaints, or for other reasons, and
FRANCHISEE agrees to implement such requests unless such requests unreasonably
interfere with the orderly and economical provision of services as provided in this
Agreement. In the event of any disagreements, CITY and FRANCHISEE agree to meet
and confer in good faith in an attempt to resolve such disagreements. Route maps to be
submitted with the Annual Report.
Section 10.11 Report of Accumulation of Solid Waste; Unauthorized Dumping.
FRANCHISEE must direct its drivers to note the addresses of any premises at which they
observe that solid waste is accumulating and is not being delivered for collection, and the
address, or other location description, at which solid waste has been dumped in an apparently
unauthorized manner. FRANCHISEE must deliver the address or description to CITY within
five working days of such observation. FRANCHISEE must cooperate with City in the
investigation and prosecution of any violations of the ESMC.
Section 10.12 Transportation of Solid Waste. FRANCHISEE must transport all Solid Waste
collected in CITY to a properly permitted transfer station, MRF, transformation facility, or
disposal site. In addition, CITY may designate the use of a particular transfer station, MRF,
transformation facility, or disposal site. FRANCHISEE agrees to make commercially reasonable
efforts to divert single stream Recyclable Materials, source - separated Recyclable Materials, and
green waste from landfill disposal to such locations designated by CITY. However,
FRANCHISEE is entitled to reimbursement by CITY, or to increase rates, to reflect any
increased costs arising from CITY's designation of a transfer station, MRF, transformation
facility, or disposal site other than a site proposed by FRANCHISEE.
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A. FRANCHISEE must maintain complete, accurate and up -to -date records of the quantities
of solid waste transported to the transfer station, MRF, transformation facility or disposal
site and must cooperate with CITY in any audits or investigations of those quantities.
Section 10.13 Disposal of Solid Waste and Processing Facilities. FRANCHISEE must
ensure that all Solid Waste collected under pursuant to this Agreement is disposed of at a
permitted disposal site.
A. FRANCHISEE designates the American Waste Transfer Station or Falcon Refuse Center
as the primary Designated Disposal Sites. FRANCHISEE covenants that it will use its
commercially reasonable best efforts to determine whether landfills to be utilized by
Designated Disposal Sites are properly permitted, are classified as a Class 3 landfill
(permitted to receive only municipal Solid Waste), are in compliance with all Applicable
Law, and are not on or being considered for inclusion on a State or federal Superfund list,
or CalRecycle list of Solid Waste facilities failing to meet State minimum standards.
Except as otherwise set forth in this Agreement, FRANCHISEE must dispose of all Solid
Waste collected in CITY at the Designated Disposal Sites, at Franchisee's expense and in
accordance with all Applicable Law.
B. FRANCHISEE designates the American Waste Transfer Station as the Designated
Recycling Facility. FRANCHISEE covenants that the Designated Recycling Facility is
properly permitted and in compliance with all Applicable Law. FRANCHISEE must
deliver all Recyclable Materials collected in CITY to the Designated Recycling Facility
for processing or transfer to a permitted processing facility, at FRANCHISEE's expense
and in accordance with all Applicable Law. FRANCHISEE must ensure that, after
Processing, residue material cannot exceed the amount permitted by Applicable Law.
FRANCHISEE must ensure that Recyclable Materials are used in a manner that is
classified as Diversion pursuant to applicable California law. Franchisee must contact
CITY if changes in the recycling facility designation are made.
C. FRANCHISEE designates the American Waste Transfer Station and Falcon Refuse
Center as the Designated Green Waste Facilities. FRANCHISEE covenants that these
facilities are properly permitted for the composting of Green Waste, and are in
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compliance with all Applicable Law. FRANCHISEE must deliver all Green Waste
collected in CITY to the Designated Green Waste Facilities for processing or transfer to a
permitted facility. If any such delivery to the Designated Green Waste Facilities would
not result in CITY receiving credit in calculating its Diversion Rate for having diverted
the Green Waste from Disposal in a landfill or transformation facility, another facility
must be selected. FRANCHISEE must ensure that Green Waste is processed in
accordance with Applicable Law, and used in a manner that is classified as Diversion.
D. FRANCHISEE must use its commercially reasonable best efforts to ensure that the
Designated Disposal Sites, Designated Recycling Facility, and Designated Green Waste
Facilities are properly permitted and in compliance with Applicable Law at all times
during the term. FRANCHISEE must immediately inform the City Manager in writing in
the event of any non - compliance, and CITY, in its sole discretion, has the right to require
the use of a different Disposal or Processing Facility, to be selected by FRANCHISEE.
The City Council may also, in its sole discretion, require the use of a different site at any
time during the term if the Designated Disposal Site, Recycling Facilities, or Green Waste
Facility (as the case may be) is found to not be in compliance with the provisions of this
Section and City Council reasonably determines, after written notice to FRANCHISEE
and the opportunity for a hearing if requested, that the Designated Disposal Site,
Recycling Facilities, or Green Waste Facility (as the case may be) is not acceptable due to
a failure to materially comply with the terms of this Agreement or a finding by State or
federal regulatory agencies that it is not in material compliance with Applicable Law,
including the Environmental Laws, and is unable to accept City's Solid Waste, Green
Waste or Recyclable Materials (as the case may be). Under no circumstances, however,
can a change in one or more of the Designated Disposal Site, Recycling Facilities, or
Green Waste Facility due to a failure of compliance as set forth above provide a basis for
an increase in the Rates.
Section 10.14 Annual Route Audit. At least once annually, FRANCHISEE must conduct an
internal audit of its collection routes in CITY. The annual route audit must be prepared in form
and content reasonably acceptable to the City Manager, or designee, and must include the truck
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identity, number and size of containers, and the weight of the solid waste delivered to the transfer
station or disposal site. Results of the annual route audit will be available for review by CITY.
Section 10.15 Service Description. Franchisee must, within 15 days before the effective
date of a service change, prepare and distribute, subject to the direction of CITY, a notice to each
account setting forth the annual holiday schedule, recycling programs offered, and a general
summary of services required to be provided under this Agreement and optional services that
may be furnished by FRANCHISEE. This notice must be in a form that is subject to the
reasonable approval of the City Manager before its distribution. The notice may also be included
as part of FRANCHISEE's public education plan.
Section 10.16 Scavenging - Discouragement. FRANCHISEE will take whatever reasonable
actions that are commercially practicable (e.g., actions seeking to enjoin organized scavengers)
which may be appropriate and effective to discourage scavenging of Recyclable Solid Waste
from the Solid Waste Stream.
Section 10.17 Public Awareness Programs. FRANCHISEE will develop and implement a
"Promotional Plan" for the Solid Waste and recycling programs, with goals, strategies and
timetables (at no additional cost to CITY or Customers). At a minimum, the Promotional Plan
must include the following:
A. Information regarding to CITY's requirements under the Act, Bulky Goods pick -ups,
Drop -off programs, and the importance of the safe disposal of Household Hazardous
Waste and Holiday programs.
B. FRANCHISEE will provide and distribute literature in the form of newsletters, fliers,
door hangers, cards, stickers or otherwise as FRANCHISEE determines to be most
effective. All material to be reviewed by CITY in advance of publication and must be
written in English.
C. Newsletters must be published twice during the first year, and annually thereafter, with
the information set forth above, in accordance with Exhibit B ( "Scope of Work ").
Newsletter must be published in English. All material to be reviewed by CITY in
advance of publication.
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D. Distribution of a newsletter within seven days to any new customer.
E. Other promotional activities to achieve the goals of this Agreement, including
participation in local activities, cleanup days, parades and civic events including, without
limitation, those listed in the Scope of Work, which is incorporated by reference.
Section 10.18 Change in Size or Number of Containers. By written or telephonic request
Customers may request to exchange Recycling Containers without charge for different sizes, add
extra Containers or reduce the number of their Containers. FRANCHISEE must exchange,
deliver and /or remove Container(s) in accordance with Customers' requests.
Section 10.19 Cleaning, Painting, Maintenance. FRANCHISEE agrees to clean (including
steam cleaning) and repaint, at its cost, all bins at City Facility locations upon CITY's request
without charge once per year. All containers must be maintained in a functional condition.
Section 10.20 FRANCHISEE must repaint and relabel, to the extent necessary, any bin
which is impacted by graffiti within two (2) business days after FRANCHISEE receives notice
of any such graffiti.
ARTICLE XI. COLLECTION EQUIPMENT
Section 11.01 FRANCHISEE warrants that it will provide adequate numbers of vehicles and
equipment, as described in its proposal, for the collection, transportation, recycling and disposal
services for which it is responsible under this Agreement. FRANCHISEE must comply with
ESMC Chapter 7 -2 regulating noise. FRANCHISEE must submit to CITY, a certificate of
vehicle noise level testing by an independent testing entity of any collection vehicles used by
FRANCHISEE in CITY's jurisdiction which has been the subject of more than one noise
complaint within any twelve (12) month period.
Section 11.02 FRANCHISEE warrants that it will comply with all measures and procedures
promulgated by all agencies with jurisdiction over the safe and sanitary operation of all its
equipment.
Section 11.03 FRANCHISEE agrees to use its best efforts to prevent damage to private
streets over which its collection equipment may be operated, to obtain all required approvals for
operation of its collection vehicles on private streets.
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ARTICLE XII. PRIVACY
Section 12.01 General. Information identifying individuals, or the composition or contents
of a service recipient's Solid Waste must not be revealed to any person, governmental unit,
private agency or FRANCHISEE, unless upon the authority of a court of law, by statute, or upon
valid authorization of the service recipient. This provision will not be construed to preclude
FRANCHISEE from preparing, participating in, or assisting in the preparation of waste
characterization studies or waste stream analyses which may be required by the Act, or preparing
and distributing public awareness materials to customers.
Section 12.02 Privacy Rights Cumulative. The rights accorded customers pursuant to this
Section are in addition to any other privacy rights accorded customers pursuant to federal or state
law.
ARTICLE XIII. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS
Section 13.01 Failure or Refusal to Collect. When Solid Waste is not collected from any
Solid Waste Service Recipient, FRANCHISEE must notify that Service Recipient in writing, at
the time collection is not made, by use of a tag or otherwise, why the collection was not made.
Section 13.02 Hazardous Waste Reporting. FRANCHISEE reserves the right and has the
duty under law, to inspect Solid Waste put out for collection and to reject Solid Waste observed
to be contaminated with Hazardous Waste. Should FRANCHISEE find or observe reportable
quantities of Hazardous Waste put out for collection with Solid Waste, FRANCHISEE must
notify all agencies with jurisdiction, including the California Department of Toxic Substances
Control and Local Emergency Response Providers and, if appropriate, the National Response
Center, of reportable quantities of Hazardous Waste, found or observed in solid waste observed
or collected anywhere within CITY's jurisdiction. In addition to other required notifications, if
FRANCHISEE observes any substances which it or its employees reasonably believe or suspect
to contain Hazardous Wastes unlawfully disposed of or released on CITY property, including
storm drains, streets or other public rights of way, FRANCHISEE must immediately notify
CITY Manager, or designee. CITY in cooperation with FRANCHISEE will determine the
method of disposal in accordance with applicable including, without limitation, the Act.
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Section 13.03 Hazardous Waste Diversion Records. FRANCHISEE must maintain records
showing the types and quantities, if any, of Hazardous Waste found in Solid Waste and which
was inadvertently collected from customers within CITY, but diverted from landfills.
ARTICLE XIV. CUSTOMER SERVICE
Section 14.01 Office Hours. FRANCHISEE agrees to have office hours from 8:00 a.m. to
5:00 p.m. daily, except Saturdays, Sundays and holidays. In addition, FRANCHISEE 's
employees must be reachable by telephone for emergencies. At FRANCHISEE 's expense, its
regular telephone numbers must be listed in El Segundo area telephone directories under both
FRANCHISEE 's name and CITY's name. FRANCHISEE must have the capability of
responding to Customers in English, and Spanish where reasonably necessary for communication
with customers. In the event that there are Customers who are able to communicate only in other
languages, CITY and FRANCHISEE will work cooperatively together to attempt to identify
reasonably available third -party resources; however, FRANCHISEE is not obligated to incur any
financial obligation to provide services in such other languages.
Section 14.02 Emergency Telephone Number. FRANCHISEE must maintain an emergency
telephone number for use outside normal business hours. FRANCHISEE must have a
representative, or an answering or call - forwarding service to enable customers to contact such
representative, during all hours other than normal office hours. At FRANCHISEE 's expense,
the emergency telephone number must be listed in El Segundo -area telephone directories under
both FRANCHISEE 's name and CITY's name. FRANCHISEE must be able to respond to
emergency calls in English, Spanish, and Telecommunications Device for the Deaf Service
necessary for emergency communication with customers. FRANCHISEE must also provide
CITY with an emergency contact list that need not be published, but will allow CITY's
representatives to contact FRANCHISEE's representatives in an emergency including, without
limitation, events such as fallen trees, flooding and vehicle accidents.
Section 14.03 Service Complaints. CITY and FRANCHISEE agree that the protection of
public health, safety and well -being require that service complaints be acted on promptly and
that a record be maintained in order to permit CITY and FRANCHISEE to identify potential
public health and safety problems. Accordingly, FRANCHISEE must inform all Solid Waste
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Customers that all service recipient complaints be directed to FRANCHISEE. During office
hours, FRANCHISEE must maintain a complaint service and a telephone answering system
capable of accepting at least five (5) incoming calls at one time. FRANCHISEE must record all
complaints, including date, time, complainant's name and address (if the complainant is willing
to give this information) and the nature and date and manner of resolution of complaint, in a
computerized daily Service Complaint Log. Any such calls received via FRANCHISEE 's
answering service must be recorded in the log and responded to within twenty -four (24) hours.
The Service Complaint Log must be available for review by CITY representatives during
FRANCHISEE 's office hours and be available for transmission as an attachment to e -mail.
FRANCHISEE must provide a copy of this Service Complaint Log on computer disc to CITY
with the Quarterly Reports.
Section 14.04 In the case of a complaint of a missed collection, FRANCHISEE must make
the collection on the date of the call if the call is received before 3:00 p.m. and on the next
collection day if the complaint is received after 3:00 p.m.
A. Residential Service. When notified of a missed pick -up before 3:00 p.m., FRANCHISEE
must collect the Solid Waste or recyclable materials that same day. If notified after 3:00
p.m., FRANCHISEE must collect the solid waste no later than the next day.
B. City Facility Services. When notified of a missed pick -up before 3:00 p.m.,
FRANCHISEE must collect the Solid Waste or recyclable materials that same day, except
in cases where access to containers is blocked on the customer's property. Otherwise,
FRANCHISEE must collect the solid waste no later than the next day.
Section 14.05 Complaint Documentation. All service complaints must be directed to
FRANCHISEE. Daily logs of complaints concerning collection of solid waste must be retained
for a minimum of 24 months and must be available to CITY at all times upon request.
Section 14.06 FRANCHISEE must log all complaints received by telephone. This log must
include the date and time the complaint was received, name, address and telephone number of
caller, description of complaint, employee recording complaint, and the action taken by
FRANCHISEE to respond to and remedy complaint. All written customer complaints and
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inquiries must be date - stamped when received. All complaints must be initially responded to
within one business day of receipt. FRANCHISEE must log action taken by FRANCHISEE to
respond to and remedy all complaints.
Section 14.07 All customer service records and logs kept by FRANCHISEE will be
available to CITY upon request and at no cost to CITY. CITY must, at any time during regular
FRANCHISEE business hours, have access to FRANCHISEE's customer service department for
purposes that may include monitoring the quality of customer service or researching customer
complaints.
Section 14.08 Resolution of Customer Complaints
A. Disputes between FRANCHISEE and its customers regarding the services provided under
this Agreement may be resolved by the City Manager, or designee.
B. Intervention by CITY is not a condition precedent to any rights or remedies third parties
might otherwise have in any dispute with FRANCHISEE. Nothing in this section is
intended to affect the remedies of third parties against FRANCHISEE.
Section 14.09 Government Liaison. FRANCHISEE must designate in writing a
"Government Liaison" who is responsible for working with CITY's designated representatives to
resolve customer complaints. CITY may approve FRANCHISEE's choice of a liaison.
Section 14.10 The parties agree that failure of FRANCHISEE to timely provide the services
set forth in this Article constitutes a default. The parties agree that this default will result in
damage and injury to CITY. The parties further agree, however, that actual damages incurred by
CITY as result of such default is difficult if not impossible to ascertain with any degree of
certainty or accuracy. Accordingly, the parties have negotiated and have agreed that for each
calendar day after written notice is delivered to Contractor and Contractor fails to cure such
default, that CONTRACTOR will pay CITY, as and for liquidated damages, and not as a
penalty, the sum of one hundred dollars ($100).
ARTICLE XV. EMERGENCY SERVICE
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I. It
Section 15.01 CITY may contract with another solid waste enterprise to collect and transport
Solid Waste in the event FRANCHISEE for any reason (except as provided below regarding
Force Majeure) refuses or is unable to collect Solid Waste for a period of more than forty -eight
(48) hours. CITY must provide twenty -four (24) hours prior written notice to FRANCHISEE
during such time before contracting with another solid waste enterprise. In such event
FRANCHISEE must identify sources from which such substitute solid waste services are
immediately available and reimburse CITY for all of its expenses for such substitute services
during period in which FRANCHISEE does not provide collection and transportation services
required by this Agreement.
Section 15.02 FRANCHISEE must assist City in the event of major disaster, such as an
earthquake, storm, tidal wave (tsunami) riot or civil disturbance, or acts of terrorism, by
providing collection vehicles and drivers normally assigned to CITY (to the extent reasonably
possible under the circumstances), at FRANCHISEE 's actual costs. Disputes with respect to
FRANCHISEE 's emergency services or the costs of those services must be resolved according
to the dispute resolution provisions in this Agreement. FRANCHISEE must cooperate with
CITY, county, state and federal officials in filing information related to a regional, state or
federally - declared state of emergency or disaster as to which FRANCHISEE has provided
equipment and drivers pursuant to this Agreement.
Section 15.03 Fees and Gratuities. FRANCHISEE must not permit any officer, agent or
employee to request, solicit, demand or accept, either directly or indirectly, any gratuity for
collecting Solid Waste otherwise required to be collected under this Agreement.
ARTICLE XVI. OWNERSHIP OF SOLID WASTE
Section 16.01 Ownership and the right to possession of Solid Waste placed for collection
transfers directly from the service recipient to FRANCHISEE, by operation of law and not by
virtue of this Agreement. At no time does CITY obtain any right of ownership or possession of
Solid Waste or Hazardous Waste placed for collection and nothing in this Agreement may be
construed as giving rise to any inference that CITY has any such rights.
ARTICLE XVII. RATES AND BILLING
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Section 17.01 Rates. FRANCHISEE will bill the CITY on a monthly basis within ten
business days following the end of each month, at the rates set forth in Exhibit C to this
Agreement. CITY will remit payment to FRANCHISEE within 30 days of receiving such
invoices.
Section 17.02 Refunds. FRANCHISEE must refund to CITY, on a pro rata basis, any
advance service payments made by CITY for service not yet provided when service is
discontinued by the CITY.
ARTICLE XVIII. FUTURE ADJUSTMENTS
Section 18.01 FRANCHISEE must submit any and all data requested in the format
prescribed by the City Manager, or designee. The City Manager, or designee, may review the
information submitted by FRANCHISEE and, in the City Manager's reasonable judgment, make
the final determination on the appropriate amount of the adjustment, if any. A requested
adjustment cannot be denied in the case of changed or additional services requested by CITY,
additional reporting required by CITY, CITY's designation of a disposal site or processing
facility, any change in the ESMC affecting FRANCHISEE's operations, or changes in state or
local government solid waste fees and charges. Any such rate adjustment approved by the City
Manager becomes effective on October 1. An adverse decision by the City Manager may be
appealed to the City Council.
ARTICLE XIX. FRANCHISEE'S BOOKS AND RECORDS; AUDITS
Section 19.01 In addition to the requirements in ESMC Chapter 5 -2, FRANCHISEE must
maintain all records relating to this Agreement not less than three (3) years, or any longer period
required by law.
ARTICLE XX. THE ACT; REPORTING REQUIREMENTS
Section 20.01 FRANCHISEE -CITY Cooperation. FRANCHISEE must cooperate with
CITY in Solid Waste Disposal Characterization Studies and waste stream audits and must
implement measures adequate to achieve CITY's source reduction, recycling and waste stream
diversion goals for the Solid Waste stream covered by this Agreement. During the period during
which collection services are to be provided pursuant to this Agreement, FRANCHISEE, at no
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expense to CITY, must submit all relevant information and reports required to meet the reporting
obligations imposed by the CalRecycle under the Act. FRANCHISEE agrees to submit such
reports and information by email or on computer discs, in a format acceptable to CITY at no
additional charge, if requested by CITY.
Section 20.02 Changes in the Act, RCRA, CERCLA and Related Laws. This Agreement is
part of CITY's efforts to comply with the provisions of the Act and CITY's Source Reduction
and Recycling Component. Should the Act or other state or federal laws or regulations enacted
or amended after this Agreement is executed, prevent or preclude compliance with one or more
provisions of this Agreement, or significantly increase FRANCHISEE 's costs, such provisions
of this Agreement will be modified or suspended as may be necessary to comply with such state
or federal laws or regulations. Should an amendment to the laws have the effect of eliminating
or reducing the need for a service provided for in this Agreement and CITY informs
FRANCHISEE that CITY seeks to discontinue the service, CITY and FRANCHISEE will
negotiate a reduction in rates.
Section 20.03 Changes in Other Laws. In the case of changes in Environmental Laws,
which increase the cost of FRANCHISEE 's service, FRANCHISEE may seek a rate increase to
offset the costs directly attributable to the amended or newly enacted provision of law or
regulations, specifying, in writing, the law to which the additional costs are attributed, and how
they would result in increased costs.
ARTICLE XXI. ACTIVITIES AND FINANCIAL REPORTS; ADVERSE INFORMATION
Section 21.01 Reports. FRANCHISEE, at no additional expense, must submit to CITY such
information or reports in such forms and at such times as CITY reasonably may request or
require, including, without limitation the reports set forth below beginning with the month of
November 1, 2011.
Section 21.02 Quarterly Reports. Quarterly Reports must be submitted to CITY, transmitted
in a format acceptable to City, as an attachment to e -mail or by disc, at City's option. Quarterly
Reports must be submitted not later than thirty (30) days after the quarter ends and include the
following:
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A. Solid Waste Tonnage and Complaints. The quarterly report must show the number of
tons collected each month and the tonnage delivered to disposal facilities, itemized by
disposal facility. A copy of the customer complaint log must be submitted with the
quarterly report.
B. Recyclable Solid Waste. The quarterly report must include information regarding
recyclable solid waste including:
1. A statement showing, by type of material, tons received during the month and tons
marketed during each month.
2. A report providing recycling information.
3. A narrative description of problems encountered and actions taken, including efforts to
deter and prevent Scavenging. This is to include a description of tons rejected for sale
after processing (type of material, tonnage), reason for rejection and FRANCHISEE 's
disposal method for the rejected materials.
4. A report of recycling program promotional activities, including materials distributed by
FRANCHISEE to its customers.
C. Hazardous Waste Diversion Reports. The quarterly report must include a copy or
summary of the records as required herein for hazardous waste diversion.
Section 21.03 Annual Report. By March 1, beginning in 2013 and each year thereafter that
collection services are provided pursuant to this Agreement, FRANCHISEE must submit to
CITY a written year -end Annual Report in a form approved by CITY. The Annual Report must
include the following information for the year ending on the preceding December 31 st:
A. General Information. General information about FRANCHISEE , including a list of
FRANCHISEE 's officers and members of its board of directors. A copy of
FRANCHISEE 's most recent annual and other periodic financial reports and those of
each of its subsidiaries and affiliated corporations and other entities if any, performing
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services under this Agreement, which are required to be publicly filed under applicable
law, as CITY, following consultation with FRANCHISEE, may request.
B. Prior Year's Activities. A cumulative summary of the Quarterly Reports and information
and statistics with respect to CITY's compliance with the Act.
C. Recommendations. Changes in integrated waste management, including projections and
proposed implementation dates and costs, recommended by FRANCHISEE and
recommended amendments to CITY's Source Reduction and Recycling Component or
this Agreement, based on developments in applicable law or technology. FRANCHISEE
is recommendations with respect to compliance with the Act must state the specific
requirement of the Act that the implementation of the recommendation is intended to
satisfy.
Section 21.04 Certification. All reports must include a certification statement, under penalty
of perjury, by the responsible corporate official, that the report is true and correct.
Section 21.05 Reporting Additional Matters. FRANCHISEE must provide CITY two copies
(one to CITY Manager, one to CITY Attorney) of all written reports, pleadings, applications,
written notifications, Notices of Violation, communications or other material relating specifically
to FRANCHISEE 's performance of services pursuant to this Agreement, submitted by
FRANCHISEE to, or received by FRANCHISEE from, the United States or California
Environmental Protection Agency, the California Integrated Waste Management Board, the
Securities and Exchange Commission or any other federal, state or county agency, including any
federal or state court. Copies must be submitted to City simultaneously with FRANCHISEE 's
filing or submission of such matters with said agencies. FRANCHISEE 's routine
correspondence to said agencies need not be routinely submitted to City, but must be made
available to City upon written request.
Section 21.06 Failure to Report. The refusal or failure of FRANCHISEE to file any required
reports; to provide required information to CITY; or the inclusion of any materially false or
misleading statement or representation by FRANCHISEE in such report is a material breach of
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i ��
this Agreement and subjects FRANCHISEE to all remedies which are available to the CITY
under this Agreement.
Section 21.07 CITY's Review of FRANCHISEE 's Performance. Annually, within other
days of CITY's receipt of the Annual Report, CITY will review the Annual Report amine whether
available information and may, but is not required to, hold a public hearing
FRANCHISEE's performance for the year reported on was satisfactory and whether
er eth to in the
implement changes, if any, recommended by FRANCHISEE. Factors to be co
hearing include, without limitation, quality of services provided, service recipient complaints,
rights of privacy, FRANCHISEE 's adherence to developments in the law,
FRANCHISEE's
performance in meeting or exceeding CITY's goals and reporting requirements under the Act
and costs. The reports required by this Agreement will be utilized as the primary basis for
review. In addition, any service recipient comments or complaints and any other relevant
information may be considered. FRANCHISEE must be present and must participate at any
public hearing held by CITY to review FRANCHISEE's performance. If any noncompliance
with the Agreement is found, CITY will offer FRANCHISEE the opportunity to comment and offer information in rebuttal, and to correct any deficiencies. CITY may direct FRANCHISEE to
correct any inadequacies and CITY may pursue all other legal and equitable remedies.
Section 21.08 Costs. All reports and records required under this Agreement must be
furnished at FRANCHISEE's sole expense.
Section 21.09 CITY's Right to Request Information. CITY believes and FRANCHISEE
agrees that cooperation between CITY and FRANCHISEE is critical to the success of this
program. CITY may request, and FRANCHISEE agrees to provide, additional information
reasonably and directly pertaining to this Agreement on an "as- needed" basis.
Section 21.10 CERCLA Defense Records. CITY views the ability to defend against
CERCLA and related litigation as a matter of great importance. For this reason,
the CITY
regards the ability to prove where its solid waste was taken, as well as where it was not taken, to
be matters of concern. FRANCHISEE must maintain data retention and preservation systems,
which can establish where solid waste collected in the CITY was landfilled (and therefore
establish where it was not landfilled) and a copy or summary of the reports required, for fifty
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. U �'
(50) years after the term during which collection services are to be provided pursuant to this
Agreement and to notify CITY's risk manager and city attorney before destroying such records.
This provision will survive the expiration of the period during which collection services are to be
provided under this Agreement.
Section 21.11 Collection Route Ride - Along. FRANCHISEE will allow a CITY
Representative to ride with Recycling and Solid Waste collection vehicles on any route or routes.
The CITY will inform FRANCHISEE at least one (1) working day before date(s) of ride - alongs.
ARTICLE XXIL SECURITY
Section 22.01 Concurrently with the execution of this Agreement, FRANCHISEE must
furnish a surety bond in an amount equal to at least one hundred thousand dollars ($100,000) as
security for the faithful performance of this Agreement ( "Security "). Such Security must be
maintained in effect throughout the period during which collection services are to be provided
pursuant to this Agreement.
Section 22.02 Surety bond to include letter of credit. The term "surety bond" also includes
such other acceptable security, such as letters of credit or cash deposit agreements issued by
responsible financial institutions which are approved by CITY's city attorney. The term "surety"
includes the issuer of any letter of credit or cash deposit agreement which is acceptable to CITY
as security for the performance of this Agreement. Sureties must be admitted to do business in
California.
Section 22.03 Upon FRANCHISEE 's failure to pay CITY an amount owing under this
Agreement, the Security may be assessed by CITY, for any purpose including, without
limitation:
A. Reimbursement of costs borne by CITY to correct Agreement violations not corrected by
FRANCHISEE, after due notice
B. Monetary remedies or damages assessed against FRANCHISEE due to breach of this
Agreement; or
C. To satisfy an order of the referee
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01
Section 22.04 FRANCHISEE must deposit a sum of money or a replacement instrument
sufficient to restore the Security to the original amount within thirty (30) days after notice from
CITY that any amount has been withdrawn from the Security.
Section 22.05 All of CITY's costs of collection and enforcement of the provisions relating to
the Security, including attorneys' fees and costs, must be paid by FRANCHISEE.
ARTICLE XXIII. CITY'S ADDITIONAL REMEDIES
Section 23.01 In addition to any other legal remedies, CITY has these additional remedies in
the event of a material default by FRANCHISEE which is not cured after reasonable written
notice:
A. The right to contract with others to perform the services otherwise to be performed by
FRANCHISEE;
B. The right to obtain damages and /or injunctive relief. Both parties recognize and agree
that in the event of a breach under the terms of this Agreement by FRANCHISEE, CITY
may suffer irreparable injury and incalculable damages sufficient to support injunctive
relief to enforce the provisions of this Agreement and to enjoin the breach thereof.
Section 23.02 CITY's Damages for Failure to Achieve Diversion Goals. FRANCHISEE
agrees that its failure to achieve a compliance with the Act, as set forth in this Agreement for the
waste stream collected under this Agreement, arising from failure to maximize diversion in
accordance with the terms and conditions of this Agreement would constitute a material breach
of this Agreement. If the CalRecycle were to impose administrative civil penalties against
CITY, then CITY's damages for FRANCHISEE 's material breach in its failure to achieve the
diversion goals for CITY within its Franchise Area as required by this Agreement, would
include, without limitation, such administrative civil penalties, attorneys' costs and fees and
CITY's staff time devoted to the resolution of the administrative civil penalties against CITY.
FRANCHISEE acknowledges that the matters addressed in this Section are damages which
would result in the event of a material breach by FRANCHISEE, and not an indemnification, and
therefore are not within the ambit of Public Resources Code § 40059.1. In addition, in the event
CITY exercises its right to terminate this Agreement for FRANCHISEE's Failure to Achieve
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Diversion Goals, CITY's damages would include CITY's unreimbursed attorneys' fees and
costs, advertising and other expenses in the procurement of a replacement solid waste enterprise
to provide the services called for in this Agreement. In addition, CITY's damages would include
any increase in rates to be charged by the replacement solid waste enterprise, for the unexpired
term of the Agreement.
Section 23.03 Rights of City in Event of Certain Misconduct. Notwithstanding any other
provision in this Agreement to the contrary, CITY may terminate this Agreement if any official
of FRANCHISEE, or any associated firm or entity, including without limitation, any parent or
subsidiary Franchisee involved with the performance or administration of the Agreement is
convicted of, or pleads guilty or nolo contendere to a felony relating to this Agreement or any
other agreement for the provision of solid waste services within the jurisdiction of another public
entity.
ARTICLE XXIV. FRANCHISE TRANSFER; CITY CONSENT; FEES
Section 24.01 FRANCHISEE may not convey, assign, sublet, license, hypothecate,
encumber of otherwise transfer or dispose of (collectively "Transfer "), this Agreement, the
franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily
or involuntarily, without CITY's prior written consent, which will not be unreasonably withheld,
as expressed by written resolution of CITY Council. Except as otherwise provided, any
dissolution, merger, consolidation, or other reorganization of FRANCHISEE; any sale or other
transfer or change in ownership or control of any of the capital stock or other capital or equity
interests; or any sale or transfer of fifty percent (50 %) or more of the value of the assets; is a
Transfer of this Agreement, the franchise granted under it or any rights or duties under it. Any
Transfer or attempted Transfer of this Agreement, the franchise granted under it or any rights or
duties under it made without CITY consent is a material breach of this Agreement and, at
CITY's option, may be voided.
Section 24.02 CITY has no obligation to give its consent to a Transfer of the franchise
granted by this Agreement, except as provided by Section 26.01. The prospective transferee has
the burden of demonstrating that it has the financial and technical ability to provide the services
required under this Agreement. CITY may also require the prospective transferee to demonstrate
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that it, and its officers and managers do not have criminal records for environmental or public
integrity offenses. If CITY gives its consent, it may impose conditions, including, without
limitation, requiring acceptance of amendments to this Agreement. Without obligating CITY to
give its consent, the proposed transferee of Transfer must demonstrate to CITY's satisfaction that
it has the operational and financial ability to perform the terms of this Agreement.
Section 24.03 FRANCHISEE 's internal reorganization does not constitute a Transfer
provided that CITY consent to the reorganization is sought and received before any internal
reorganization. An internal reorganization includes any change in control of any of the voting
stock through its conveyance to an affiliate of FRANCHISEE, or by operation of law. Any
request for an internal reorganization must be submitted in writing to the city manager, not less
than one hundred and twenty (120) days before the proposed effective date of the internal
reorganization. FRANCHISEE must reimburse CITY for all of its costs to review the request and
to determine if it is an internal reorganization. CITY expenses may include, without limitation,
staff, city attorney and accountant fees and costs. Determination by the city manager is final.
Any attempt to implement an internal reorganization without CITY `s consent constitutes a
material breach of this Agreement. A reorganization resulting from a transfer or transfers to
family members, family trusts, family partnerships, or other entities primarily for estate planning
purposes which does not result in a change in beneficial ownership outside of the family of the
shareholders of FRANCHISEE, does not constitute a reorganization requiring consent of CITY.
Section 24.04 Fees. Any application for a franchise Transfer must be made in a manner
prescribed by the city manager. The application must include a deposit of $50,000, to cover the
estimated cost of all direct and indirect expenses, including CITY staff, consultants' and
attorneys' fees, incurred by CITY to adequately analyze the application and the qualifications of
the prospective transferee. Any costs incurred by CITY in excess of $50,000 must be
reimbursed by the FRANCHISEE before submission of the proposed Transfer to CITY Council.
Should CITY's costs be less than $50,000, CITY must refund remaining deposit to
FRANCHISEE with thirty (30) days after a Transfer is approved. Upon approved Transfer of
this Agreement, the transferee must pay to CITY a Transfer fee in the amount of $50,000 or five
percent (5 %) of Gross Revenues for the first twelve (12) months, whichever is greater.
ARTICLE XXV. MISCELLANEOUS PROVISIONS
Section 25.01 Upon submission of this Agreement to CITY for approval, FRANCHISEE
must reimburse CITY for expenses, including staff time, consultants' and attorneys' fees and
expenses associated with granting this Agreement. The reimbursement for this Agreement is
$10,000. Should CITY Council fail to approve this Agreement, the funds submitted to CITY by
FRANCHISEE will be returned by CITY to FRANCHISEE within thirty (30) days after CITY
Council denial.
Section 25.02 FRANCHISEE warrants that it will comply with all applicable laws, including
implementing regulations, as they may be amended, specifically including, without limitation
RCRA, CERCLA, the Act and all other applicable laws of the United States, the State of
California, the County of Los Angeles, ordinances of CITY, the requirements of Local
Enforcement Agencies and all other agencies with jurisdiction.
Section 25.03 Assignment. The Parties agree that they will not assign or transfer any portion
of or interest in this Agreement. Any attempt to assign or transfer any portion of this Agreement
without the prior written permission of all Parties will be void.
Section 25.04 Severability. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified
to the extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
Section 25.05 Successors. All the terms, conditions and covenants of this Agreement will
inure to the benefit of and be binding upon the Parties' successors and assigns. The provisions of
this Section will not be deemed as a waiver of any of the conditions against assignment as set
forth herein.
Section 25.06 Notices and Reports. All notices reports provided for herein will be in
writing. Any notice permitted or required to be served upon party may be served upon that party
by registered or certified mail, return receipt requested, at:
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City Manager
City of El Segundo
350 Main Street
El Segundo, California
And to: City Clerk
City of El Segundo
350 Main Street
El Segundo, California
And to: City Attorney
City of El Segundo
350 Main Street
El Segundo, California
And by email to: KBerger a,localgovlaw.com
And by email to: Skatsouleas @elsegundo.org
And to FRANCHISEE at:
And to:
And by e -mail to:
And by e -mail to:
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, registered or certified, return
receipt requested, postage prepaid and properly addressed as noted above. In all other instances,
notices will be deemed given at the time of actual delivery. Changes may be made in the names
or addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
Section 25.07 Governing Law. This Agreement was executed in and will be construed in
accordance with the laws of the state of California and exclusive venue for any action involving
this Agreement will be in Los Angeles County. In the event of litigation in a U.S. District Court
exclusive venue is the Central District of California. FRANCHISEE waives its right to jury trial.
Section 25.08 Headings. The headings contained herein are for convenience in reference
and are not intended to define or limit the scope of any provisions of this Agreement.
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Section 25.09 Rules Of Construction. This Agreement has not been drafted or prepared by
either party hereto, the same being a fully negotiated Agreement. Thus, the parties expressly
agree that any rule of construction regarding interpretation in favor of one or the other party by
reason of the party drafting the Agreement will not apply.
Section 25.10 Records. The Parties will maintain full and accurate records with respect to
all services and matters covered under this Agreement. Each Party will have free access at all
reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities. The
Parties will retain such financial and program service records for at least three (3) years after
termination or final payment under this Agreement.
Section 25.11 Consistency. In interpreting this Agreement and resolving any ambiguities or
inconsistencies between the ESMC, this Agreement, and its Exhibits, ESMC Chapter 5 -2 takes
precedence over any ambiguities or inconsistencies. Any other inconsistencies or ambiguities
will be resolved in the following order:
1. The main body of this Agreement;
2. Exhibits to This Agreement
Section 25.12 Acceptance Of Facsimile Signatures /Counterparts.
A. The Parties agree that agreements ancillary to this Agreement, and related documents to
be entered into in connection with this Agreement will be considered signed when the
signature of a party is delivered by facsimile or by e- mail /PDF transmission. Such
facsimile signature will be treated in all respects as having the same effect as an original
signature.
B. This Agreement may be executed in any number or counterparts, each of which will be an
original, but all of which together will constitute one instrument executed on the same
date.
SECTION 25.13 Force Majeure. FRANCHISEE will not be in default of this Agreement in the
event that the collection, transportation and /or disposal services of FRANCHISEE are
-47-
interrupted temporarily or permanently for any of the following reasons: riots; war or national
emergency declared by the President or Congress and affecting the City of El Segundo; sabotage;
civil disturbance; insurrection; explosion; terrorist attack in any form, including, without
limitation bombs, airplane crashes or any chemical, biological or radiological weapon or device;
natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events
which are beyond the reasonable control of FRANCHISEE. "Other catastrophic events" does
not include the financial inability of FRANCHISEE to perform or failure of FRANCHISEE to
obtain any necessary permits or licenses from other governmental agencies or the right to use the
facilities of any public agency where such failure occurs despite the exercise of reasonable
diligence by FRANCHISEE.
Section 25.14 Pavement Damage. Normal wear and tear on CITY's streets resulting from
general vehicular traffic excepted, FRANCHISEE is responsible for damage to CITY's driving
surfaces, whether or not paved, resulting from the operation of FRANCHISEE's vehicles
providing Solid Waste Services within CITY, willful or negligent. FRANCHISEE understands
that the exercise of this franchise may involve operation of its collection vehicles over private
roads and streets. Disputes between FRANCHISEE and its customers as to damage to private
pavement are civil matters and complaints of damage will be referred to FRANCHISEE as a
matter within its sole responsibility.
Section 25.15 Property Damage. Any physical damage caused by the negligent or willful
acts or omissions of employees of FRANCHISEE to CITY or private property must be repaired
or replaced by FRANCHISEE, at FRANCHISEE 's sole expense.
Section 25.16 Transition to Next Solid Waste Enterprise. If in the final twelve (12) months
of the period during which FRANCHISEE is to provide collection services under this
Agreement, FRANCHISEE and CITY have not entered into a succeeding agreement,
FRANCHISEE must cooperate fully with CITY and the subsequent Solid waste enterprise(s),
franchisee(s), licensee(s), permittee(s) or other Person providing services similar to the Services
so as to assure an efficient, orderly, timely and effective transition. In that regard,
FRANCHISEE agrees to make available to CITY and to prospective proposers in any
competitive process used by CITY to select a successor, route maps, customer lists, and all other
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records requested by CITY.
Section 26.17 Exhibits. Attached Exhibits A to C are incorporated into this Agreement as if
fully set forth herein, as follows:
Exhibit A Residential Franchise Area
Exhibit B Scope of Work
Exhibit C Rates
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
Title: Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
Karl H. Berger,
Assistant City Attorney
Consolidated Disposal Service, LLC
Title: Vice President
..
PAGES 210 -212 INTENTIONALLY LEFT BLANK
Attachment A
Eligible Service Addresses /Parcels
r.
1000 E ACACIA AVE
1001 E ACACIA AVE
1002 E ACACIA AVE
1005 E ACACIA AVE
1006 E ACACIA AVE
1009 E ACACIA AVE
1010 E ACACIA AVE
1013 E ACACIA AVE
1014 E ACACIA AVE
1017 E ACACIA AVE
1018 E ACACIA AVE
1021 E ACACIA AVE
1022 E ACACIA AVE
1025 E ACACIA AVE
1026 E ACACIA AVE
1029 E ACACIA AVE
1030 E ACACIA AVE
1033 E ACACIA AVE
1034 E ACACIA AVE
1041 E ACACIA AVE
1045 E ACACIA AVE
1049 E ACACIA AVE
1100 E ACACIA AVE
1101 E ACACIA AVE
1102 E ACACIA AVE
1103 E ACACIA AVE
1104 E ACACIA AVE
1105 E ACACIA AVE
1106 E ACACIA AVE
1107 E ACACIA AVE
1108 E ACACIA AVE
1109 E ACACIA AVE
1110 E ACACIA AVE
1111 E ACACIA AVE
1112 E ACACIA AVE
1113 E ACACIA AVE
1114 E ACACIA AVE
1115 E ACACIA AVE
1116 E ACACIA AVE
1117 E ACACIA AVE
1118 E ACACIA AVE
1119 E ACACIA AVE
1120 E ACACIA AVE
1121 E ACACIA AVE
1122 E ACACIA AVE
1123 E ACACIA AVE
1124 E ACACIA AVE
1125 E ACACIA AVE
1126 E ACACIA AVE
1127 E ACACIA AVE
1128 E ACACIA AVE
1129 E ACACIA AVE
1130 E ACACIA AVE
1131 E ACACIA AVE
1132 E ACACIA AVE
1133 E ACACIA AVE
1200 E ACACIA AVE
1201 E ACACIA AVE
1202 E ACACIA AVE
1203 E ACACIA AVE
1204 E ACACIA AVE
1205 E ACACIA AVE
1206 E ACACIA AVE
1207 E ACACIA AVE
1208 E ACACIA AVE
1209 E ACACIA AVE
1210 E ACACIA AVE
1211 E ACACIA AVE
1212 E ACACIA AVE
1213 E ACACIA AVE
1214 E ACACIA AVE
1215 E ACACIA AVE
1216 E ACACIA AVE
1217 E ACACIA AVE
1218 E ACACIA AVE
1219 E ACACIA AVE
1220 E ACACIA AVE
1221 E ACACIA AVE
1222 E ACACIA AVE
1223 E ACACIA AVE
1224 E ACACIA AVE
1225 E ACACIA AVE
201 W ACACIA AVE
201 E ACACIA AVE
204 E ACACIA AVE
205 W ACACIA AVE
205 E ACACIA AVE
208 W ACACIA AVE
209 E ACACIA AVE
209 W ACACIA AVE
210 W ACACIA AVE
210 E ACACIA AVE
213 W ACACIA AVE
213 E ACACIA AVE
214 W ACACIA AVE
215 W ACACIA AVE
217 E ACACIA AVE
217 W ACACIA AVE
219 W ACACIA AVE
220 E ACACIA AVE
220 W ACACIA AVE
222 E ACACIA AVE
224 W ACACIA AVE
228 W ACACIA AVE
300 W ACACIA AVE
301 W ACACIA AVE
308 W ACACIA AVE
311 W ACACIA AVE
312 W ACACIA AVE
313 W ACACIA AVE
315 E ACACIA AVE
315 W ACACIA AVE
316 E ACACIA AVE
316 W ACACIA AVE
317 E ACACIA AVE
318 W ACACIA AVE
319 W ACACIA AVE
320 E ACACIA AVE
321 E ACACIA AVE
324 E ACACIA AVE
409 W ACACIA AVE
412 W ACACIA AVE
413 W ACACIA AVE
416 W ACACIA AVE
420 W ACACIA AVE
423 W ACACIA AVE
424 W ACACIA AVE
428 W ACACIA AVE
431 W ACACIA AVE
432 W ACACIA AVE
435 W ACACIA AVE
439 W ACACIA AVE
507 W ACACIA AVE
508 W ACACIA AVE
512 W ACACIA AVE
513 W ACACIA AVE
516 W ACACIA AVE
519 W ACACIA AVE
520 W ACACIA AVE
523 W ACACIA AVE
524 W ACACIA AVE
527 W ACACIA AVE
531 W ACACIA AVE
616 W ACACIA AVE
620 W ACACIA AVE
624 W ACACIA AVE
627 W ACACIA AVE
628 W ACACIA AVE
631 W ACACIA AVE
632 W ACACIA AVE
635 W ACACIA AVE
636 W ACACIA AVE
637 W ACACIA AVE
638 W ACACIA AVE
639 W ACACIA AVE
641 W ACACIA AVE
642 W ACACIA AVE
645 W ACACIA AVE
646 W ACACIA AVE
647 W ACACIA AVE
649 W ACACIA AVE
650 W ACACIA AVE
653 W ACACIA AVE
654 W ACACIA AVE
656 W ACACIA AVE
657 W ACACIA AVE
658 W ACACIA AVE
704 W ACACIA AVE
707 W ACACIA AVE
708 W ACACIA AVE
711 W ACACIA AVE
712 W ACACIA AVE
715 W ACACIA AVE
716 W ACACIA AVE
720 W ACACIA AVE
724 W ACACIA AVE
728 W ACACIA AVE
732 W ACACIA AVE
137 ARENA ST
141 ARENA ST
221 ARENA ST
226 ARENA ST
230 ARENA ST
233 ARENA ST
506 ARENA ST
507 ARENA ST
510 ARENA ST
511 ARENA ST
514 ARENA ST
515 ARENA ST
518 ARENA ST
519 ARENA ST
522 ARENA ST
523 ARENA ST
526 ARENA ST
527 ARENA ST
531 ARENA ST
�1
534 ARENA ST
535 ARENA ST
536 ARENA ST
538 ARENA ST
539 ARENA ST
540 ARENA ST
541 ARENA ST
601 ARENA ST
602 ARENA ST
607 ARENA ST
608 ARENA ST
612 ARENA ST
613 ARENA ST
617 ARENA ST
618 ARENA ST
621 ARENA ST
622 ARENA ST
627 ARENA ST
212 ARENA ST 1
709 BAYONNE ST
711 BAYONNE ST
712 BAYONNE ST
713 BAYONNE ST
716 BAYONNE ST
718 BAYONNE ST
721 BAYONNE ST
724 BAYONNE ST
725 BAYONNE ST
727 BAYONNE ST
728 BAYONNE ST
730 BAYONNE ST
731 BAYONNE ST
739 BAYONNE ST
745 BAYONNE ST
746 BAYONNE ST
749 BAYONNE ST
750 BAYONNE ST
753 BAYONNE ST
757 BAYONNE ST
758 BAYONNE ST
307 BUNGALOW DR
315 BUNGALOW DR
319 BUNGALOW DR
323 BUNGALOW DR
330 BUNGALOW DR
400 BUNGALOW DR
401 BUNGALOW DR
404 BUNGALOW DR
405 BUNGALOW DR
408 BUNGALOW DR
409 BUNGALOW DR
412 BUNGALOW DR
413 BUNGALOW DR
416 BUNGALOW DR
417 BUNGALOW DR
420 BUNGALOW DR
421 BUNGALOW DR
424 BUNGALOW DR
425 BUNGALOW DR
428 BUNGALOW DR
429 BUNGALOW DR
432 BUNGALOW DR
433 BUNGALOW DR
436 BUNGALOW DR
437 BUNGALOW DR
440 BUNGALOW DR
441 BUNGALOW DR
525 BUNGALOW DR
535 BUNGALOW DR
601 BUNGALOW DR
602 BUNGALOW DR
608 BUNGALOW DR
609 BUNGALOW DR
614 BUNGALOW DR
615 BUNGALOW DR
618 BUNGALOW DR
619 BUNGALOW DR
624 BUNGALOW DR
625 BUNGALOW DR
630 BUNGALOW DR
631 BUNGALOW DR
634 BUNGALOW DR
635 BUNGALOW DR
640 BUNGALOW DR
641 BUNGALOW DR
646 BUNGALOW DR
647 BUNGALOW DR
701 BUNGALOW DR
702 BUNGALOW DR
707 BUNGALOW DR
708 BUNGALOW DR
714 BUNGALOW DR
715 BUNGALOW DR
719 BUNGALOW DR
720 BUNGALOW DR
725 BUNGALOW DR
726 BUNGALOW DR
730 BUNGALOW DR
731 BUNGALOW DR
i:. 6
735 BUNGALOW DR
736 BUNGALOW DR
740 BUNGALOW DR
741 BUNGALOW DR
746 BUNGALOW DR
747 BUNGALOW DR
752 BUNGALOW DR
753 BUNGALOW DR
757 BUNGALOW DR
758 BUNGALOW DR
763 BUNGALOW DR
764 BUNGALOW DR
801 BUNGALOW DR
802 BUNGALOW DR
807 BUNGALOW DR
808 BUNGALOW DR
813 BUNGALOW DR
814 BUNGALOW DR
819 BUNGALOW DR
820 BUNGALOW DR
825 BUNGALOW DR
826 BUNGALOW DR
831 BUNGALOW DR
832 BUNGALOW DR
835 BUNGALOW DR
836 BUNGALOW DR
839 BUNGALOW DR
840 BUNGALOW DR
852 BUNGALOW DR
857 BUNGALOW DR
859 BUNGALOW DR
860 BUNGALOW DR
861 BUNGALOW DR
863 BUNGALOW DR
304 BUNGALOW DR A
311 BUNGALOW DR A
400 CALIFORNIA ST
401 CALIFORNIA ST
404 CALIFORNIA ST
405 CALIFORNIA ST
408 CALIFORNIA ST
409 CALIFORNIA ST
411 CALIFORNIA ST
412 CALIFORNIA ST
415 CALIFORNIA ST
416 CALIFORNIA ST
419 CALIFORNIA ST
420 CALIFORNIA ST
423 CALIFORNIA ST
424 CALIFORNIA ST
428 CALIFORNIA ST
432 CALIFORNIA ST
436 CALIFORNIA ST
500 CALIFORNIA ST
501 CALIFORNIA ST
504 CALIFORNIA ST
505 CALIFORNIA ST
508 CALIFORNIA ST
509 CALIFORNIA ST
514 CALIFORNIA ST
515 CALIFORNIA ST
517 CALIFORNIA ST
518 CALIFORNIA ST
522 CALIFORNIA ST
525 CALIFORNIA ST
526 CALIFORNIA ST
600 CALIFORNIA ST
601 CALIFORNIA ST
604 CALIFORNIA ST
608 CALIFORNIA ST
612 CALIFORNIA ST
617 CALIFORNIA ST
621 CALIFORNIA ST
625 CALIFORNIA ST
629 CALIFORNIA ST
630 CALIFORNIA ST
633 CALIFORNIA ST
636 CALIFORNIA ST
637 CALIFORNIA ST
640 CALIFORNIA ST
706 CALIFORNIA ST
710 CALIFORNIA ST
714 CALIFORNIA ST
726 CALIFORNIA ST
730 CALIFORNIA ST
737 CALIFORNIA ST
748 CALIFORNIA ST
750 CALIFORNIA ST
754 CALIFORNIA ST
757 CALIFORNIA ST
758 CALIFORNIA ST
771 CALIFORNIA ST
804 CALIFORNIA ST
808 CALIFORNIA ST
811 CALIFORNIA ST
815 CALIFORNIA ST
834 CALIFORNIA ST
835 CALIFORNIA ST
839 CALIFORNIA ST
r� j ry
840 CALIFORNIA ST
841 CALIFORNIA ST
844 CALIFORNIA ST
849 CALIFORNIA ST
850 CALIFORNIA ST
875 CALIFORNIA ST
877 CALIFORNIA ST
903 CEDAR ST
907 CEDAR ST
909 CEDAR ST
911 CEDAR ST
913 CEDAR ST
936 CEDAR ST
940 CEDAR ST
943 CEDAR ST
944 CEDAR ST
947 CEDAR ST
948 CEDAR ST
953 CEDAR ST
301 CENTER ST
303 CENTER ST
315 CENTERST
319 CENTER ST
323 CENTER ST
327 CENTER ST
331 CENTER ST
335 CENTERST
401 CENTER ST
405 CENTER ST
409 CENTERST
413 CENTER ST
417 CENTERST
420 CENTER ST
421 CENTERST
425 CENTER ST
429 CENTERST
430 CENTER ST
433 CENTERST
437 CENTERST
440 CENTER ST
441 CENTER ST
450 CENTER ST
601 CENTER ST
609 CENTERST
615 CENTERST
619 CENTER ST
625 CENTER ST
631 CENTER ST
635 CENTERST
641 CENTER ST
647 CENTER ST
701 CENTER ST
707 CENTERST
715 CENTER ST
719 CENTER ST
725 CENTERST
731 CENTER ST
735 CENTER ST
736 CENTERST
740 CENTER ST
741 CENTER ST
744 CENTERST
747 CENTER ST
748 CENTER ST
753 CENTER ST
757 CENTER ST
760 CENTER ST
763 CENTER ST
801 CENTERST
802 CENTERST
807 CENTER ST
808 CENTER ST
812 CENTERST
813 CENTER ST
818 CENTER ST
819 CENTER ST
822 CENTER ST
825 CENTER ST
828 CENTER ST
831 CENTER ST
835 CENTER ST
839 CENTER ST
840 CENTER ST
857 CENTER ST
861 CENTER ST
862 CENTER ST
865 CENTER ST
868 CENTER ST
869 CENTER ST
873 CENTER ST
876 CENTERST
877 CENTER ST
901 CENTERST
905 CENTERST
909 CENTER ST
913 CENTER ST
917 CENTER ST
311 CENTER ST A
807 CONCORD PL
1�
811 CONCORD PL
817 CONCORD PL
821 CONCORD PL
131 CONCORD ST
133 CONCORD ST
134 CONCORD ST
135 CONCORD ST
139 CONCORD ST
147 CONCORD ST
219 CONCORD ST
226 CONCORD ST
329 CONCORD ST
335 CONCORD ST
347 CONCORD ST
402 CONCORD ST
403 CONCORD ST
406 CONCORD ST
407 CONCORD ST
411 CONCORD ST
412 CONCORD ST
415 CONCORD ST
418 CONCORD ST
419 CONCORD ST
422 CONCORD ST
423 CONCORD ST
426 CONCORD ST
427 CONCORD ST
430 CONCORD ST
433 CONCORD ST
434 CONCORD ST
437 CONCORD ST
438 CONCORD ST
442 CONCORD ST
443 CONCORD ST
502 CONCORD ST
503 CONCORD ST
506 CONCORD ST
507 CONCORD ST
510 CONCORD ST
511 CONCORD ST
514 CONCORD ST
516 CONCORD ST
517 CONCORD ST
520 CONCORD ST
521 CONCORD ST
524 CONCORD ST
527 CONCORD ST
530 CONCORD ST
533 CONCORD ST
534 CONCORD ST
538 CONCORD ST
539 CONCORD ST
355 CONCORD ST 1
355 CONCORD ST 2
355 CONCORD ST 3
355 CONCORD ST 4
211 CONCORD ST A
320 CONCORD ST A
330 CONCORD ST A
348 CONCORD ST A
408 CONCORD ST A
211 CONCORD ST B
320 CONCORD ST B
330 CONCORD ST B
348 CONCORD ST B
211 CONCORD ST C
320 CONCORD ST C
330 CONCORD ST C
348 CONCORD ST C
914 CYPRESS ST
915 CYPRESS ST
919 CYPRESS ST
922 CYPRESS ST
927 CYPRESS ST
930 CYPRESS ST
934 CYPRESS ST
935 CYPRESS ST
937 CYPRESS ST
938 CYPRESS ST
943 CYPRESS ST
944 CYPRESS ST
947 CYPRESS ST
948 CYPRESS ST
835 DUNE ST
839 DUNE ST
843 DUNE ST
847 DUNE ST
901 DUNE ST
905 DUNE ST
909 DUNE ST
910 DUNE ST
913 DUNE ST
914 DUNE ST
916 DUNE ST
917 DUNE ST
920 DUNE ST
921 DUNE ST
925 DUNE ST
929 DUNE ST
i) ��
1415 E ELM AVE
1416 E ELM AVE
1419 E ELM AVE
1420 E ELM AVE
1423 E ELM AVE
1424 E ELM AVE
1427 E ELM AVE
1428 E ELM AVE
1431 E ELM AVE
1434 E ELM AVE
1435 E ELM AVE
1509 E ELM AVE
1510 E ELM AVE
1513 E ELM AVE
1514 E ELM AVE
1517 E ELM AVE
1518 E ELM AVE
1521 E ELM AVE
1522 E ELM AVE
1525 E ELM AVE
1526 E ELM AVE
1529 E ELM AVE
1530 E ELM AVE
1531 E ELM AVE
1534 E ELM AVE
1535 E ELM AVE
1538 E ELM AVE
610 W ELM AVE
615 W ELM AVE
617 W ELM AVE
618 W ELM AVE
619 W ELM AVE
621 W ELM AVE
622 W ELM AVE
625 W ELM AVE
626 W ELM AVE
627 W ELM AVE
630 W ELM AVE
217 EUCALYPTUS DR
309 EUCALYPTUS DR
319 EUCALYPTUS DR
323 EUCALYPTUS DR
329 EUCALYPTUS DR
401 EUCALYPTUS DR
403 EUCALYPTUS DR
405 EUCALYPTUS DR
409 EUCALYPTUS DR
411 EUCALYPTUS DR
413 EUCALYPTUS DR
415 EUCALYPTUS DR
421 EUCALYPTUS DR
423 EUCALYPTUS DR
425 EUCALYPTUS DR
429 EUCALYPTUS DR
431 EUCALYPTUS DR
435 EUCALYPTUS DR
439 EUCALYPTUS DR
443 EUCALYPTUS DR
445 EUCALYPTUS DR
500 EUCALYPTUS DR
501 EUCALYPTUS DR
507 EUCALYPTUS DR
508 EUCALYPTUS DR
509 EUCALYPTUS DR
511 EUCALYPTUS DR
514 EUCALYPTUS DR
515 EUCALYPTUS DR
517 EUCALYPTUS DR
518 EUCALYPTUS DR
519 EUCALYPTUS DR
522 EUCALYPTUS DR
523 EUCALYPTUS DR
524 EUCALYPTUS DR
526 EUCALYPTUS DR
527 EUCALYPTUS DR
528 EUCALYPTUS DR
530 EUCALYPTUS DR
531 EUCALYPTUS DR
533 EUCALYPTUS DR
535 EUCALYPTUS DR
536 EUCALYPTUS DR
537 EUCALYPTUS DR
538 EUCALYPTUS DR
540 EUCALYPTUS DR
603 EUCALYPTUS DR
606 EUCALYPTUS DR
607 EUCALYPTUS DR
611 EUCALYPTUS DR
612 EUCALYPTUS DR
615 EUCALYPTUS DR
618 EUCALYPTUS DR
621 EUCALYPTUS DR
622 EUCALYPTUS DR
626 EUCALYPTUS DR
627 EUCALYPTUS DR
732 EUCALYPTUS DR
736 EUCALYPTUS DR
738 EUCALYPTUS DR
740 EUCALYPTUS DR
741 EUCALYPTUS DR
742 EUCALYPTUS DR
803 EUCALYPTUS DR
808 EUCALYPTUS DR
809 EUCALYPTUS DR
815 EUCALYPTUS DR
821 EUCALYPTUS DR
825 EUCALYPTUS DR
828 EUCALYPTUS DR
831 EUCALYPTUS DR
832 EUCALYPTUS DR
835 EUCALYPTUS DR
836 EUCALYPTUS DR
839 EUCALYPTUS DR
840 EUCALYPTUS DR
845 EUCALYPTUS DR
846 EUCALYPTUS DR
850 EUCALYPTUS DR
854 EUCALYPTUS DR
861 EUCALYPTUS DR
862 EUCALYPTUS DR
904 EUCALYPTUS DR
910 EUCALYPTUS DR
915 EUCALYPTUS DR
919 EUCALYPTUS DR
920 EUCALYPTUS DR
921 EUCALYPTUS DR
925 EUCALYPTUS DR
930 EUCALYPTUS DR
936 EUCALYPTUS DR
937 EUCALYPTUS DR
940 EUCALYPTUS DR
941 EUCALYPTUS DR
945 EUCALYPTUS DR
948 EUCALYPTUS DR
949 EUCALYPTUS DR
953 EUCALYPTUS DR
956 EUCALYPTUS DR
958 EUCALYPTUS DR
216 W FRANKLIN AVE
224 W FRANKLIN AVE
411 E FRANKLIN AVE
412 W FRANKLIN AVE
417 E FRANKLIN AVE
417 W FRANKLIN AVE
427 E FRANKLIN AVE
503 E FRANKLIN AVE
511 E FRANKLIN AVE
515 W FRANKLIN AVE
517 W FRANKLIN AVE
527 W FRANKLIN AVE
622 W FRANKLIN AVE
1001 E GRAND AVE
1007 E GRAND AVE
1013 E GRAND AVE
1019 E GRAND AVE
1025 E GRAND AVE
219 W GRAND AVE
241 E GRAND AVE
315 W GRAND AVE
411 W GRAND AVE
418 E GRAND AVE
500 E GRAND AVE
501 E GRAND AVE
505 W GRAND AVE
506 E GRAND AVE
507 E GRAND AVE
507 W GRAND AVE
509 E GRAND AVE
509 W GRAND AVE
511 E GRAND AVE
511 W GRAND AVE
512 E GRAND AVE
514 E GRAND AVE
516 E GRAND AVE
517 E GRAND AVE
519 E GRAND AVE
520 E GRAND AVE
601 W GRAND AVE
601 E GRAND AVE
609 E GRAND AVE
612 E GRAND AVE
613 E GRAND AVE
618 E GRAND AVE
619 E GRAND AVE
622 E GRAND AVE
623 E GRAND AVE
626 E GRAND AVE
627 E GRAND AVE
703 E GRAND AVE
710 E GRAND AVE
336 HILLCREST ST
337 HILLCREST ST
340 HILLCREST ST
343 HILLCREST ST
346 HILLCREST ST
347 HILLCREST ST
350 HILLCREST ST
355 HILLCREST ST
356
HILLCREST
ST
359
HILLCREST
ST
360
HILLCREST
ST
400
HILLCREST
ST
401
HILLCREST
ST
402
HILLCREST
ST
404
HILLCREST
ST
407
HILLCREST
ST
410
HILLCREST
ST
411
HILLCREST
ST
415
HILLCREST
ST
416
HILLCREST
ST
423
HILLCREST
ST
424
HILLCREST
ST
431
HILLCREST
ST
432
HILLCREST
ST
503
HILLCREST
ST
507
HILLCREST
ST
510
HILLCREST
ST
511
HILLCREST
ST
515
HILLCREST
ST
517
HILLCREST
ST
518
HILLCREST
ST
521
HILLCREST
ST
522
HILLCREST
ST
525
HILLCREST
ST
529
HILLCREST
ST
533
HILLCREST
ST
604
HILLCREST
ST
608
HILLCREST
ST
609
HILLCREST
ST
613
HILLCREST
ST
617
HILLCREST
ST
618
HILLCREST
ST
621
HILLCREST
ST
622
HILLCREST
ST
625
HILLCREST
ST
630
HILLCREST
ST
631
HILLCREST
ST
633
HILLCREST
ST
636
HILLCREST
ST
637
HILLCREST
ST
640
HILLCREST
ST
641
HILLCREST
ST
645
HILLCREST
ST
701
HILLCREST
ST
702
HILLCREST
ST
707
HILLCREST
ST
709
HILLCREST
ST
713
HILLCREST
ST
714
HILLCREST
ST
715
HILLCREST
ST
717
HILLCREST
ST
719
HILLCREST
ST
724
HILLCREST
ST
732
HILLCREST
ST
733
HILLCREST
ST
735
HILLCREST
ST
741
HILLCREST
ST
742
HILLCREST
ST
745
HILLCREST
ST
746
HILLCREST
ST
749
HILLCREST
ST
750
HILLCREST
ST
753
HILLCREST
ST
754
HILLCREST
ST
758
HILLCREST
ST
803
HILLCREST
ST
804
HILLCREST
ST
807
HILLCREST
ST
808
HILLCREST
ST
811
HILLCREST
ST
812
HILLCREST
ST
816
HILLCREST
ST
817
HILLCREST
ST
820
HILLCREST
ST
821
HILLCREST
ST
824
HILLCREST
ST
825
HILLCREST
ST
834
HILLCREST
ST
835
HILLCREST
ST
838
HILLCREST
ST
839
HILLCREST
ST
840
HILLCREST
ST
843
HILLCREST
ST
846
HILLCREST
ST
847
HILLCREST
ST
850
HILLCREST
ST
851
HILLCREST
ST
854
HILLCREST
ST
855
HILLCREST
ST
901
HILLCREST
ST
905
HILLCREST
ST
909
HILLCREST
ST
910
HILLCREST
ST
913
HILLCREST
ST
917
HILLCREST
ST
921
HILLCREST
ST
930
HILLCREST
ST
931 HILLCREST ST
935 HILLCREST ST
939 HILLCREST ST
940 HILLCREST ST
943 HILLCREST ST
115 E HOLLY AVE
423 W HOLLY AVE
515 W HOLLY AVE
520 W HOLLY AVE
608 W HOLLY AVE
608 E HOLLY AVE
615 W HOLLY AVE
617 W HOLLY AVE
707 E HOLLY AVE
721 E HOLLY AVE
604 ILLINOIS CT
605 ILLINOIS CT
608 ILLINOIS CT
612 ILLINOIS CT
613 ILLINOIS CT
600 ILLINOIS CT 4
609 ILLINOIS CT 4
442 ILLINOIS ST
522 ILLINOIS ST
530 ILLINOIS ST
314 E IMPERIAL AVE
316 E IMPERIAL AVE
418 E IMPERIAL AVE
422 E IMPERIAL AVE
604 W IMPERIAL AVE
718 INDIANA CT
719 INDIANA CT
720 INDIANA CT
721 INDIANA CT
722 INDIANA CT
723 INDIANA CT
724 INDIANA CT
725 INDIANA CT
726 INDIANA CT
727 INDIANA CT
728 INDIANA CT
730 INDIANA CT
731 INDIANA CT
729 INDIANA CT 2
305 INDIANA ST
521 INDIANA ST
525 INDIANA ST
535 INDIANA ST
515 IRENE CT
521 IRENE CT
400 KANSASST
404 KANSASST
408 KANSASST
412 KANSASST
416 KANSASST
419 KANSASST
420 KANSASST
423 KANSASST
424 KANSASST
428 KANSASST
429 KANSASST
432 KANSASST
433 KANSASST
434 KANSASST
437 KANSASST
441 KANSASST
500 KANSASST
501 KANSASST
504 KANSASST
505 KANSASST
508 KANSASST
509 KANSASST
513 KANSASST
514 KANSASST
517 KANSASST
518 KANSASST
521 KANSASST
525 KANSASST
526 KANSASST
122 LOMA VISTA ST
123 LOMA VISTA ST
135 LOMA VISTA ST
139 LOMA VISTA ST
140 LOMA VISTA ST
143 LOMA VISTA ST
201 LOMA VISTA ST
205 LOMA VISTA ST
207 LOMA VISTA ST
213 LOMA VISTA ST
215 LOMA VISTA ST
222 LOMA VISTA ST
223 LOMA VISTA ST
227 LOMA VISTA ST
231 LOMA VISTA ST
311 LOMA VISTA ST
312 LOMA VISTA ST
316 LOMA VISTA ST
317 LOMA VISTA ST
321 LOMA VISTA ST
322 LOMA VISTA ST
323 LOMA VISTA ST
326 LOMA VISTA ST
330 LOMA VISTA ST
336 LOMA VISTA ST
337 LOMA VISTA ST
339 LOMA VISTA ST
340 LOMA VISTA ST
343 LOMA VISTA ST
345 LOMA VISTA ST
349 LOMA VISTA ST
352 LOMA VISTA ST
353 LOMA VISTA ST
358 LOMA VISTA ST
403 LOMA VISTA ST
408 LOMA VISTA ST
409 LOMA VISTA ST
412 LOMA VISTA ST
413 LOMA VISTA ST
417 LOMA VISTA ST
418 LOMA VISTA ST
422 LOMA VISTA ST
423 LOMA VISTA ST
427 LOMA VISTA ST
428 LOMA VISTA ST
430 LOMA VISTA ST
433 LOMA VISTA ST
435 LOMA VISTA ST
436 LOMA VISTA ST
443 LOMA VISTA ST
502 LOMA VISTA ST
503 LOMA VISTA ST
507 LOMA VISTA ST
508 LOMA VISTA ST
511 LOMA VISTA ST
512 LOMA VISTA ST
515 LOMA VISTA ST
518 LOMA VISTA ST
521 LOMA VISTA ST
522 LOMA VISTA ST
528 LOMA VISTA ST
529 LOMA VISTA ST
534 LOMA VISTA ST
535 LOMA VISTA ST
538 LOMA VISTA ST
539 LOMA VISTA ST
540 LOMA VISTA ST
543 LOMA VISTA ST
613 LOMA VISTA ST
614 LOMA VISTA ST
617 LOMA VISTA ST
618 LOMA VISTA ST
621 LOMA VISTA ST
622 LOMA VISTA ST
625 LOMA VISTA ST
626 LOMA VISTA ST
627 LOMA VISTA ST
631 LOMA VISTA ST
635 LOMA VISTA ST
636 LOMA VISTA ST
641 LOMA VISTA ST
644 LOMA VISTA ST
701 LOMA VISTA ST
709 LOMA VISTA ST
713 LOMA VISTA ST
716 LOMA VISTA ST
717 LOMA VISTA ST
720 LOMA VISTA ST
723 LOMA VISTA ST
724 LOMA VISTA ST
727 LOMA VISTA ST
728 LOMA VISTA ST
732 LOMA VISTA ST
733 LOMA VISTA ST
735 LOMA VISTA ST
738 LOMA VISTA ST
741 LOMA VISTA ST
742 LOMA VISTA ST
745 LOMA VISTA ST
746 LOMA VISTA ST
749 LOMA VISTA ST
750 LOMA VISTA ST
753 LOMA VISTA ST
754 LOMA VISTA ST
755 LOMA VISTA ST
810 LOMA VISTA ST
811 LOMA VISTA ST
813 LOMA VISTA ST
815 LOMA VISTA ST
820 LOMA VISTA ST
821 LOMA VISTA ST
835 LOMA VISTA ST
836 LOMA VISTA ST
837 LOMA VISTA ST
840 LOMA VISTA ST
841 LOMA VISTA ST
844 LOMA VISTA ST
848 LOMA VISTA ST
853 LOMA VISTA ST
854 LOMA VISTA ST
855 LOMA VISTA ST
857 LOMA VISTA ST
858 LOMA VISTA ST
859 LOMA VISTA ST
862 LOMA VISTA ST
900 LOMA VISTA ST
901 LOMA VISTA ST
905 LOMA VISTA ST
906 LOMA VISTA ST
909 LOMA VISTA ST
910 LOMA VISTA ST
914 LOMA VISTA ST
915 LOMA VISTA ST
916 LOMA VISTA ST
917 LOMA VISTA ST
921 LOMA VISTA ST
922 LOMA VISTA ST
933 LOMA VISTA ST
937 LOMA VISTA ST
938 LOMA VISTA ST
940 LOMA VISTA ST
941 LOMA VISTA ST
942 LOMA VISTA ST
948 LOMA VISTA ST
950 LOMA VISTA ST
951 LOMA VISTA ST
953 LOMA VISTA ST
967 LOMA VISTA ST
971 LOMA VISTA ST
205 LOMITA ST
218 LOMITA ST
224 LOMITA ST
230 LOMITA ST
236 LOMITA ST
317 LOMITA ST
321 LOMITA ST
325 LOMITA ST
329 LOMITA ST
333 LOMITA ST
337 LOMITA ST
341 LOMITA ST
345 LOMITA ST
405 LOMITA ST
409 LOMITA ST
415 LOMITA ST
419 LOMITA ST
425 LOMITA ST
426 LOMITA ST
427 LOMITA ST
428 LOMITA ST
430 LOMITA ST
431 LOMITA ST
432 LOMITA ST
435 LOMITA ST
439 LOMITA ST
443 LOMITA ST
500 LOMITA ST
504 LOMITA ST
508 LOMITA ST
512 LOMITA ST
515 LOMITA ST
516 LOMITA ST
520 LOMITA ST
525 LOMITA ST
526 LOMITA ST
535 LOMITA ST
601 LOMITA ST
602 LOMITA ST
608 LOMITA ST
609 LOMITA ST
614 LOMITA ST
615 LOMITA ST
618 LOMITA ST
619 LOMITA ST
624 LOMITA ST
625 LOMITA ST
630 LOMITA ST
631 LOMITA ST
634 LOMITA ST
635 LOMITA ST
640 LOMITA ST
641 LOMITA ST
646 LOMITA ST
647 LOMITA ST
701 LOMITA ST
702 LOMITA ST
707 LOMITA ST
708 LOMITA ST
714 LOMITA ST
715 LOMITA ST
719 LOMITA ST
720 LOMITA ST
725 LOMITA ST
726 LOMITA ST
730 LOMITA ST
731 LOMITA ST
735 LOMITA ST
736 LOMITA ST
740 LOMITA ST
741 LOMITA ST
746 LOMITA ST
747 LOMITA ST
752 LOMITA ST
753 LOMITA ST
757 LOMITA ST
758 LOMITA ST
763 LOMITA ST
764 LOMITA ST
801 LOMITA ST
805 LOMITA ST
809 LOMITA ST
813 LOMITA ST
817 LOMITA ST
821 LOMITA ST
824 LOMITA ST
825 LOMITA ST
828 LOMITA ST
829 LOMITA ST
832 LOMITA ST
836 LOMITA ST
840 LOMITA ST
844 LOMITA ST
848 LOMITA ST
852 LOMITA ST
858 LOMITA ST
860 LOMITA ST
864 LOMITA ST
868 LOMITA ST
900 LOMITA ST
903 LOMITA ST
904 LOMITA ST
907 LOMITA ST
908 LOMITA ST
912 LOMITA ST
913 LOMITA ST
916 LOMITA ST
917 LOMITA ST
920 LOMITA ST
921 LOMITA ST
925 LOMITA ST
929 LOMITA ST
933 LOMITA ST
937 LOMITA ST
941 LOMITA ST
339 MAIN ST
347 MAIN ST
422 MAIN ST
428 MAIN ST
434 MAIN ST
513 MAIN ST
515 MAIN ST
711 MAIN ST
759 MAIN ST
807 MAIN ST
825 MAIN ST
829 MAIN ST
845 MAIN ST
904 MAIN ST
908 MAIN ST
703 MAIN ST 1
822 MAIN ST 1
703 MAIN ST 2
822 MAIN ST 2
703 MAIN ST 3
822 MAIN ST 3
703 MAIN ST 4
101 W MAPLE AVE
110 W MAPLE AVE
1120 E MAPLE AVE
113 E MAPLE AVE
114 E MAPLE AVE
115 W MAPLE AVE
116 W MAPLE AVE
117 E MAPLE AVE
119 W MAPLE AVE
120 E MAPLE AVE
1200 E MAPLE AVE
1201 E MAPLE AVE
1204 E MAPLE AVE
1205 E MAPLE AVE
1207 E MAPLE AVE
1208 E MAPLE AVE
1209 E MAPLE AVE
1212 E MAPLE AVE
1213 E MAPLE AVE
1219 E MAPLE AVE
122 E MAPLE AVE
1220 E MAPLE AVE
1225 E MAPLE AVE
123 W MAPLE AVE
1232 E MAPLE AVE
124 W MAPLE AVE
1242 E MAPLE AVE
1246 E MAPLE AVE
1250 E MAPLE AVE
1257 E MAPLE AVE
126 W MAPLE AVE
1261 E MAPLE AVE
1265 E MAPLE AVE
1267 E MAPLE AVE
128 W MAPLE AVE
130 E MAPLE AVE
1400 E MAPLE AVE
1401 E MAPLE AVE
1404 E MAPLE AVE
1407 E MAPLE AVE
1408 E MAPLE AVE
1411 E MAPLE AVE
1412 E MAPLE AVE
1415 E MAPLE AVE
1416 E MAPLE AVE
1419 E MAPLE AVE
1423 E MAPLE AVE
1428 E MAPLE AVE
1432 E MAPLE AVE
1435 E MAPLE AVE
1436 E MAPLE AVE
1437 E MAPLE AVE
1439 E MAPLE AVE
1445 E MAPLE AVE
1448 E MAPLE AVE
1500 E MAPLE AVE
1501 E MAPLE AVE
1502 E MAPLE AVE
1506 E MAPLE AVE
1507 E MAPLE AVE
1510 E MAPLE AVE
1511 E MAPLE AVE
1514 E MAPLE AVE
1515 E MAPLE AVE
1519 E MAPLE AVE
200 E MAPLE AVE
201 E MAPLE AVE
201 W MAPLE AVE
204 E MAPLE AVE
205 W MAPLE AVE
205 E MAPLE AVE
206 W MAPLE AVE
208 E MAPLE AVE
209 E MAPLE AVE
210 W MAPLE AVE
211 E MAPLE AVE
211 W MAPLE AVE
212 E MAPLE AVE
214 E MAPLE AVE
214 W MAPLE AVE
215 W MAPLE AVE
216 W MAPLE AVE
219 W MAPLE AVE
219 E MAPLE AVE
220 E MAPLE AVE
223 W MAPLE AVE
224 W MAPLE AVE
226 E MAPLE AVE
227 W MAPLE AVE
228 W MAPLE AVE
231 W MAPLE AVE
232 E MAPLE AVE
300 W MAPLE AVE
300 E MAPLE AVE
302 W MAPLE AVE
303 W MAPLE AVE
304 W MAPLE AVE
305 E MAPLE AVE
308 E MAPLE AVE
312 W MAPLE AVE
312 E MAPLE AVE
313 W MAPLE AVE
313 E MAPLE AVE
314 W MAPLE AVE
314 E MAPLE AVE
315 E MAPLE AVE
317 W MAPLE AVE
318 E MAPLE AVE
319 E MAPLE AVE
320 W MAPLE AVE
322 E MAPLE AVE
325 E MAPLE AVE
326 E MAPLE AVE
326 E MAPLE AVE
329 E MAPLE AVE
404 E MAPLE AVE
405 E MAPLE AVE
408 E MAPLE AVE
409 E MAPLE AVE
411 W MAPLE AVE
414 E MAPLE AVE
415 E MAPLE AVE
418 W MAPLE AVE
422 E MAPLE AVE
423 W MAPLE AVE
424 W MAPLE AVE
425 E MAPLE AVE
425 W MAPLE AVE
426 W MAPLE AVE
426 E MAPLE AVE
429 W MAPLE AVE
433 W MAPLE AVE
434 W MAPLE AVE
435 W MAPLE AVE
448 W MAPLE AVE
503 E MAPLE AVE
505 W MAPLE AVE
507 E MAPLE AVE
511 W MAPLE AVE
511 E MAPLE AVE
513 W MAPLE AVE
514 E MAPLE AVE
515 E MAPLE AVE
522 E MAPLE AVE
525 E MAPLE AVE
526 E MAPLE AVE
527 W MAPLE AVE
528 W MAPLE AVE
529 E MAPLE AVE
533 E MAPLE AVE
533 W MAPLE AVE
535 W MAPLE AVE
536 W MAPLE AVE
536 E MAPLE AVE
537 W MAPLE AVE
537 E MAPLE AVE
539 W MAPLE AVE
541 W MAPLE AVE
601 W MAPLE AVE
603 W MAPLE AVE
604 W MAPLE AVE
605 W MAPLE AVE
607 W MAPLE AVE
608 W MAPLE AVE
609 E MAPLE AVE
612 E MAPLE AVE
613 E MAPLE AVE
615 W MAPLE AVE
617 E MAPLE AVE
618 W MAPLE AVE
620 W MAPLE AVE
621 E MAPLE AVE
624 W MAPLE AVE
625 E MAPLE AVE
628 W MAPLE AVE
629 E MAPLE AVE
631 W MAPLE AVE
632 W MAPLE AVE
633 W MAPLE AVE
635 W MAPLE AVE
643 W MAPLE AVE
644 W MAPLE AVE
647 W MAPLE AVE
648 W MAPLE AVE
649 W MAPLE AVE
650 W MAPLE AVE
654 W MAPLE AVE
655 W MAPLE AVE
659 W MAPLE AVE
660 W MAPLE AVE
663 W MAPLE AVE
670 W MAPLE AVE
705 E MAPLE AVE
709 E MAPLE AVE
713 E MAPLE AVE
715 W MAPLE AVE
725 W MAPLE AVE
726 W MAPLE AVE
730 W MAPLE AVE
735 W MAPLE AVE
737 W MAPLE AVE
202 W MAPLE AVE ACE
1002 E MARIPOSA AVE
1006 E MARIPOSA AVE
1012 E MARIPOSA AVE
1018 E MARIPOSA AVE
1022 E MARIPOSA AVE
1180 E MARIPOSA AVE
1186 E MARIPOSA AVE
1192 E MARIPOSA AVE
1204 E MARIPOSA AVE
1210 E MARIPOSA AVE
1216 E MARIPOSA AVE
1230 E MARIPOSA AVE
1231 E MARIPOSA AVE
1236 E MARIPOSA AVE
1304 E MARIPOSA AVE
1308 E MARIPOSA AVE
1312 E MARIPOSA AVE
1352 E MARIPOSA AVE
1356 E MARIPOSA AVE
1360 E MARIPOSA AVE
1411 E MARIPOSA AVE
1413 E MARIPOSA AVE
1414 E MARIPOSA AVE
1419 E MARIPOSA AVE
1420 E MARIPOSA AVE
1421 E MARIPOSA AVE
1425 E MARIPOSA AVE
1426 E MARIPOSA AVE
1429 E MARIPOSA AVE
1430 E MARIPOSA AVE
1433 E MARIPOSA AVE
1436 E MARIPOSA AVE
1437 E MARIPOSA AVE
1505 E MARIPOSA AVE
1506 E MARIPOSA AVE
1509 E MARIPOSA AVE
1512 E MARIPOSA AVE
1515 E MARIPOSA AVE
1518 E MARIPOSA AVE
1519 E MARIPOSA AVE
1523 E MARIPOSA AVE
1524 E MARIPOSA AVE
1527 E MARIPOSA AVE
1530 E MARIPOSA AVE
1531 E MARIPOSA AVE
1535 E MARIPOSA AVE
1536 E MARIPOSA AVE
1546 E MARIPOSA AVE
1550 E MARIPOSA AVE
202 W MARIPOSA AVE
218 E MARIPOSA AVE
302 W MARIPOSA AVE
303 E MARIPOSA AVE
309 E MARIPOSA AVE
316 E MARIPOSA AVE
317 E MARIPOSA AVE
417 W MARIPOSA AVE
419 W MARIPOSA AVE
501 E MARIPOSA AVE
501 W MARIPOSA AVE
507 W MARIPOSA AVE
510 E MARIPOSA AVE
511 E MARIPOSA AVE
513 W MARIPOSA AVE
517 W MARIPOSA AVE
517 E MARIPOSA AVE
523 E MARIPOSA AVE
523 W MARIPOSA AVE
525 E MARIPOSA AVE
527 W MARIPOSA AVE
527 E MARIPOSA AVE
529 W MARIPOSA AVE
533 W MARIPOSA AVE
535 E MARIPOSA AVE
537 W MARIPOSA AVE
541 W MARIPOSA AVE
600 W MARIPOSA AVE
601 W MARIPOSA AVE
603 W MARIPOSA AVE
604 W MARIPOSA AVE
606 E MARIPOSA AVE
606 W MARIPOSA AVE
610 E MARIPOSA AVE
614 E MARIPOSA AVE
615 W MARIPOSA AVE
617 W MARIPOSA AVE
618 E MARIPOSA AVE
621 W MARIPOSA AVE
624 W MARIPOSA AVE
625 W MARIPOSA AVE
626 E MARIPOSA AVE
627 W MARIPOSA AVE
628 W MARIPOSA AVE
630 W MARIPOSA AVE
631 W MARIPOSA AVE
632 W MARIPOSA AVE
638 W MARIPOSA AVE
640 W MARIPOSA AVE
641 W MARIPOSA AVE
646 W MARIPOSA AVE
648 W MARIPOSA AVE
650 W MARIPOSA AVE
652 W MARIPOSA AVE
656 W MARIPOSA AVE
658 W MARIPOSA AVE
701 W MARIPOSA AVE
702 E MARIPOSA AVE
705 W MARIPOSA AVE
709 W MARIPOSA AVE
710 E MARIPOSA AVE
710 W MARIPOSA AVE
713 W MARIPOSA AVE
714 E MARIPOSA AVE
714 W MARIPOSA AVE
716 W MARIPOSA AVE
717 W MARIPOSA AVE
718 W MARIPOSA AVE
719 W MARIPOSA AVE
720 E MARIPOSA AVE
723 W MARIPOSA AVE
724 W MARIPOSA AVE
726 E MARIPOSA AVE
727 W MARIPOSA AVE
728 W MARIPOSA AVE
730 E MARIPOSA AVE
732 W MARIPOSA AVE
733 W MARIPOSA AVE
737 W MARIPOSA AVE
738 W MARIPOSA AVE
739 W MARIPOSA AVE
740 W MARIPOSA AVE
742 W MARIPOSA AVE
745 W MARIPOSA AVE
777 W MARIPOSA AVE
802 E MARIPOSA AVE
808 E MARIPOSA AVE
812 E MARIPOSA AVE
816 E MARIPOSA AVE
824 E MARIPOSA AVE
828 E MARIPOSA AVE
900 E MARIPOSA AVE
910 E MARIPOSA AVE
916 E MARIPOSA AVE
920 E MARIPOSA AVE
9201/2 E MARIPOSA AVE
926 E MARIPOSA AVE
300 MARYLAND ST
304 MARYLAND ST
328 MARYLAND ST
332 MARYLAND ST
400 MARYLAND ST
406 MARYLAND ST
418 MARYLAND ST
420 MARYLAND ST
422 MARYLAND ST
424 MARYLAND ST
426 MARYLAND ST
427 MARYLAND ST
429 MARYLAND ST
430 MARYLAND ST
433 MARYLAND ST
434 MARYLAND ST
437 MARYLAND ST
438 MARYLAND ST
444 MARYLAND ST
500 MARYLAND ST
501 MARYLAND ST
513 MARYLAND ST
517 MARYLAND ST
519 MARYLAND ST
522 MARYLAND ST
525 MARYLAND ST
526 MARYLAND ST
529 MARYLAND ST
530 MARYLAND ST
535 MARYLAND ST
540 MARYLAND ST
545 MARYLAND ST
601 MARYLAND ST
602 MARYLAND ST
608 MARYLAND ST
609 MARYLAND ST
614 MARYLAND ST
615 MARYLAND ST
618 MARYLAND ST
619 MARYLAND ST
624 MARYLAND ST
625 MARYLAND ST
630 MARYLAND ST
631 MARYLAND ST
634 MARYLAND ST
635 MARYLAND ST
640 MARYLAND ST
641 MARYLAND ST
646 MARYLAND ST
647 MARYLAND ST
701 MARYLAND ST
702 MARYLAND ST
707 MARYLAND ST
708 MARYLAND ST
714 MARYLAND ST
715 MARYLAND ST
719 MARYLAND ST
720 MARYLAND ST
725 MARYLAND ST
726 MARYLAND ST
730 MARYLAND ST
731 MARYLAND ST
735 MARYLAND ST
736 MARYLAND ST
740 MARYLAND ST
741 MARYLAND ST
746 MARYLAND ST
747 MARYLAND ST
752 MARYLAND ST
753 MARYLAND ST
757 MARYLAND ST
758 MARYLAND ST
763 MARYLAND ST
764 MARYLAND ST
801 MARYLAND ST
802 MARYLAND ST
808 MARYLAND ST
809 MARYLAND ST
815 MARYLAND ST
816 MARYLAND ST
823 MARYLAND ST
824 MARYLAND ST
829 MARYLAND ST
830 MARYLAND ST
836 MARYLAND ST
842 MARYLAND ST
845 MARYLAND ST
846 MARYLAND ST
849 MARYLAND ST
852 MARYLAND ST
853 MARYLAND ST
857 MARYLAND ST
861 MARYLAND ST
864 MARYLAND ST
865 MARYLAND ST
868 MARYLAND ST
869 MARYLAND ST
873 MARYLAND ST
901 MARYLAND ST
905 MARYLAND ST
324 MARYLAND ST 1
800 MCCARTHY CT
801 MCCARTHY CT
804 MCCARTHY CT
805 MCCARTHY CT
808 MCCARTHY CT
809 MCCARTHY CT
812 MCCARTHY CT
813 MCCARTHY CT
816 MCCARTHY CT
817 MCCARTHY CT
820 MCCARTHY CT
821 MCCARTHY CT
824 MCCARTHY CT
825 MCCARTHY CT
828 MCCARTHY CT
829 MCCARTHY CT
833 MCCARTHY CT
837 MCCARTHY CT
841 MCCARTHY CT
845 MCCARTHY CT
849 MCCARTHY CT
853 MCCARTHY CT
900 MCCARTHY CT
901 MCCARTHY CT
904 MCCARTHY CT
905 MCCARTHY CT
908 MCCARTHY CT
909 MCCARTHY CT
912 MCCARTHY CT
913 MCCARTHY CT
916 MCCARTHY CT
917 MCCARTHY CT
920 MCCARTHY CT
921 MCCARTHY CT
924 MCCARTHY CT
925 MCCARTHY CT
928 MCCARTHY CT
929 MCCARTHY CT
932 MCCARTHY CT
935 MCCARTHY CT
936 MCCARTHY CT
939 MCCARTHY CT
940 MCCARTHY CT
943 MCCARTHY CT
947 MCCARTHY CT
951 MCCARTHY CT
411 NEVADA ST
420 NEVADA ST
421 NEVADA ST
430 NEVADA ST
431 NEVADA ST
441 NEVADA ST
501 NEVADA ST
505 NEVADA ST
508 NEVADA ST
509 NEVADA ST
512 NEVADA ST
513 NEVADA ST
516 NEVADA ST
520 NEVADA ST
521 NEVADA ST
525 NEVADA ST
116 W OAK AVE
117 W OAK AVE
120 W OAK AVE
1201 E OAK AVE
1205 E OAK AVE
1209 E OAK AVE
121 W OAK AVE
1213 E OAK AVE
1217 E OAK AVE
1221 E OAK AVE
1225 E OAK AVE
1229 E OAK AVE
1233 E OAK AVE
1237 E OAK AVE
124 W OAK AVE
4-31
125 W OAK AVE
126 W OAK AVE
129 W OAK AVE
1409 E OAK AVE
1410 E OAK AVE
1414 E OAK AVE
1415 E OAK AVE
1418 E OAK AVE
1421 E OAK AVE
1422 E OAK AVE
1425 E OAK AVE
1426 E OAK AVE
1429 E OAK AVE
1430 E OAK AVE
1433 E OAK AVE
1434 E OAK AVE
1437 E OAK AVE
1438 E OAK AVE
1500 E OAK AVE
1501 E OAK AVE
1502 E OAK AVE
1505 E OAK AVE
1506 E OAK AVE
1509 E OAK AVE
1510 E OAK AVE
1514 E OAK AVE
201 W OAK AVE
206 W OAK AVE
208 W OAK AVE
209 W OAK AVE
210 W OAK AVE
213 W OAK AVE
214 W OAK AVE
215 W OAK AVE
218 W OAK AVE
219 W OAK AVE
223 W OAK AVE
224 W OAK AVE
227 W OAK AVE
228 W OAK AVE
231 W OAK AVE
232 W OAK AVE
303 W OAK AVE
304 W OAK AVE
307 W OAK AVE
308 W OAK AVE
310 W OAK AVE
311 E OAK AVE
311 W OAK AVE
314 W OAK AVE
315 E OAK AVE
315 W OAK AVE
319 E OAK AVE
319 W OAK AVE
320 W OAK AVE
323 E OAK AVE
325 E OAK AVE
327 E OAK AVE
405 E OAK AVE
409 E OAK AVE
413 E OAK AVE
414 W OAK AVE
415 W OAK AVE
416 W OAK AVE
417 W OAK AVE
417 E OAK AVE
420 W OAK AVE
421 W OAK AVE
424 W OAK AVE
425 W OAK AVE
428 W OAK AVE
429 W OAK AVE
431 W OAK AVE
432 W OAK AVE
501 E OAK AVE
504 E OAK AVE
506 E OAK AVE
508 E OAK AVE
510 E OAK AVE
511 E OAK AVE
512 E OAK AVE
514 E OAK AVE
517 E OAK AVE
518 E OAK AVE
519 E OAK AVE
521 E OAK AVE
523 E OAK AVE
527 E OAK AVE
529 E OAK AVE
606 W OAK AVE
609 W OAK AVE
612 W OAK AVE
615 W OAK AVE
618 W OAK AVE
619 W OAK AVE
620 W OAK AVE
625 W OAK AVE
626 W OAK AVE
627 W OAK AVE
��ti
628 W OAK AVE
629 W OAK AVE
631 W OAK AVE
632 W OAK AVE
635 W OAK AVE
636 W OAK AVE
638 W OAK AVE
639 W OAK AVE
641 W OAK AVE
642 W OAK AVE
648 W OAK AVE
649 W OAK AVE
659 W OAK AVE
660 W OAK AVE
704 W OAK AVE
707 W OAK AVE
708 W OAK AVE
711 W OAK AVE
712 W OAK AVE
715 W OAK AVE
716 W OAK AVE
719 W OAK AVE
720 W OAK AVE
725 W OAK AVE
729 W OAK AVE
404 OREGON ST
408 OREGON ST
412 OREGON ST
416 OREGON ST
417 OREGON ST
420 OREGON ST
421 OREGON ST
424 OREGON ST
425 OREGON ST
500 OREGON ST
501 OREGON ST
506 OREGON ST
507 OREGON ST
510 OREGON ST
511 OREGON ST
512 OREGON ST
516 OREGON ST
517 OREGON ST
520 OREGON ST
524 OREGON ST
525 OREGON ST
111 W PALM AVE
115 W PALM AVE
129 W PALM AVE
135 W PALM AVE
1400 E PALM AVE
1401 E PALM AVE
1440 E PALM AVE
1441 E PALM AVE
1442 E PALM AVE
1444 E PALM AVE
1445 E PALM AVE
1446 E PALM AVE
1448 E PALM AVE
1449 E PALM AVE
1450 E PALM AVE
1453 E PALM AVE
1457 E PALM AVE
1461 E PALM AVE
1471 E PALM AVE
1481 E PALM AVE
1506 E PALM AVE
1513 E PALM AVE
1517 E PALM AVE
1518 E PALM AVE
1524 E PALM AVE
1531 E PALM AVE
1537 E PALM AVE
1543 E PALM AVE
1547 E PALM AVE
1556 E PALM AVE
1560 E PALM AVE
1564 E PALM AVE
1568 E PALM AVE
1622 E PALM AVE
1624 E PALM AVE
1625 E PALM AVE
1627 E PALM AVE
1633 E PALM AVE
1635 E PALM AVE
1637 E PALM AVE
301 W PALM AVE
305 W PALM AVE
315 W PALM AVE
404 W PALM AVE
409 W PALM AVE
412 W PALM AVE
415 W PALM AVE
417 W PALM AVE
418 W PALM AVE
421 W PALM AVE
422 W PALM AVE
427 W PALM AVE
428 W PALM AVE
4► 3
501 E PALM AVE
503 W PALM AVE
505 E PALM AVE
505 W PALM AVE
507 W PALM AVE
509 E PALM AVE
510 W PALM AVE
513 E PALM AVE
514 W PALM AVE
519 E PALM AVE
520 W PALM AVE
520 E PALM AVE
521 E PALM AVE
521 W PALM AVE
524 E PALM AVE
525 W PALM AVE
526 W PALM AVE
530 W PALM AVE
535 W PALM AVE
536 W PALM AVE
573 W PALM AVE
604 E PALM AVE
608 W PALM AVE
610 E PALM AVE
612 W PALM AVE
613 W PALM AVE
617 W PALM AVE
618 W PALM AVE
621 W PALM AVE
622 W PALM AVE
625 W PALM AVE
626 W PALM AVE
630 W PALM AVE
633 W PALM AVE
634 W PALM AVE
639 W PALM AVE
643 W PALM AVE
647 W PALM AVE
650 W PALM AVE
653 W PALM AVE
654 W PALM AVE
657 W PALM AVE
660 W PALM AVE
661 W PALM AVE
664 W PALM AVE
665 W PALM AVE
669 W PALM AVE
674 W PALM AVE
676 W PALM AVE
678 W PALM AVE
682 W PALM AVE
686 W PALM AVE
690 W PALM AVE
694 W PALM AVE
700 W PALM AVE
702 W PALM AVE
704 W PALM AVE
705 W PALM AVE
708 E PALM AVE
708 W PALM AVE
710 W PALM AVE
711 W PALM AVE
714 W PALM AVE
715 W PALM AVE
719 W PALM AVE
723 W PALM AVE
770 W PALM AVE
780 W PALM AVE
228 PENN ST
321 PENN ST
324 PENN ST
335 PENN ST
340 PENN ST
501 PENN ST
504 PENN ST
505 PENN ST
508 PENN ST
509 PENN ST
516 PENN ST
520 PENN ST
521 PENN ST
523 PENN ST
524 PENN ST
525 PENN ST
526 PENN ST
527 PENN ST
528 PENN ST
530 PENN ST
531 PENN ST
535 PENN ST
538 PENN ST
539 PENN ST
543 PENN ST
606 PENN ST
609 PENN ST
610 PENN ST
615 PENN ST
618 PENN ST
621 PENN ST
!1 •j +
,..J 4
624 PENN ST
627 PENN ST
628 PENN ST
630 PENN ST
633 PENN ST
636 PENN ST
639 PENN ST
642 PENN ST
645 PENN ST
704 PENN ST
708 PENN ST
712 PENN ST
716 PENN ST
724 PENN ST
726 PENN ST
730 PENN ST
734 PENN ST
738 PENN ST
741 PENN ST
742 PENN ST
745 PENN ST
750 PENN ST
754 PENN ST
802 PENN ST
808 PENN ST
812 PENN ST
815 PENN ST
816 PENN ST
817 PENN ST
818 PENN ST
823 PENN ST
826 PENN ST
827 PENN ST
828 PENN ST
830 PENN ST
831 PENN ST
832 PENN ST
834 PENN ST
837 PENN ST
840 PENN ST
841 PENN ST
842 PENN ST
845 PENN ST
848 PENN ST
849 PENN ST
853 PENN ST
854 PENN ST
857 PENN ST
859 PENN ST
862 PENN ST
314 PENN ST 1
317 PENN ST 1
318 PENN ST 1
314 PENN ST 2
317 PENN ST 2
318 PENN ST 2
317 PENN ST 3
317 PENN ST 4
215 PENN ST A
223 PENN ST A
215 PENN ST B
223 PENN ST B
215 PENN ST C
223 PENN ST C
215 PENN ST D
223 PENN ST D
815 PEPPER ST
817 PEPPER ST
818 PEPPER ST
821 PEPPER ST
822 PEPPER ST
825 PEPPER ST
826 PEPPER ST
829 PEPPER ST
831 PEPPER ST
835 PEPPER ST
836 PEPPER ST
840 PEPPER ST
843 PEPPER ST
844 PEPPER ST
847 PEPPER ST
848 PEPPER ST
851 PEPPER ST
914 PEPPER ST
918 PEPPER ST
925 PEPPER ST
942 PEPPER ST
950 PEPPER ST
1125 E PINE AVE
1150 E PINE AVE
116 E PINE AVE
119 E PINE AVE
120 E PINE AVE
1200 E PINE AVE
1201 E PINE AVE
1204 E PINE AVE
1205 E PINE AVE
1208 E PINE AVE
1209 E PINE AVE
1224 E PINE AVE
1230 E PINE AVE
1236 E PINE AVE
125 E PINE AVE
1304 E PINE AVE
1318 E PINE AVE
1322 E PINE AVE
1326 E PINE AVE
1712 E PINE AVE
1718 E PINE AVE
1725 E PINE AVE
210 W PINE AVE
211 E PINE AVE
212 W PINE AVE
214 W PINE AVE
219 W PINE AVE
220 W PINE AVE
325 E PINE AVE
403 E PINE AVE
415 E PINE AVE
418 W PINE AVE
501 E PINE AVE
511 E PINE AVE
602 W PINE AVE
606 W PINE AVE
610 W PINE AVE
615 W PINE AVE
619 W PINE AVE
623 W PINE AVE
625 W PINE AVE
627 W PINE AVE
629 W PINE AVE
631 W PINE AVE
633 W PINE AVE
637 W PINE AVE
638 W PINE AVE
640 W PINE AVE
641 W PINE AVE
643 W PINE AVE
645 W PINE AVE
646 W PINE AVE
647 W PINE AVE
650 W PINE AVE
651 W PINE AVE
655 W PINE AVE
700 W PINE AVE
702 E PINE AVE
706 W PINE AVE
707 E PINE AVE
709 W PINE AVE
709 E PINE AVE
710 E PINE AVE
711 W PINE AVE
711 E PINE AVE
712 W PINE AVE
717 E PINE AVE
717 W PINE AVE
718 W PINE AVE
720 W PINE AVE
721 E PINE AVE
721 W PINE AVE
723 W PINE AVE
7231/2 W PINE AVE
724 W PINE AVE
725 W PINE AVE
7251/2 W PINE AVE
727 W PINE AVE
728 W PINE AVE
729 W PINE AVE
731 W PINE AVE
733 W PINE AVE
808 E PINE AVE
816 E PINE AVE
905 E PINE AVE
909 E PINE AVE
915 E PINE AVE
701 REDWOOD AVE
702 REDWOOD AVE
705 REDWOOD AVE
706 REDWOOD AVE
709 REDWOOD AVE
710 REDWOOD AVE
713 REDWOOD AVE
714 REDWOOD AVE
718 REDWOOD AVE
722 REDWOOD AVE
726 REDWOOD AVE
730 REDWOOD AVE
734 REDWOOD AVE
737 REDWOOD AVE
738 REDWOOD AVE
741 REDWOOD AVE
742 REDWOOD AVE
745 REDWOOD AVE
746 REDWOOD AVE
115 RICHMOND ST
315 RICHMOND ST
319 RICHMOND ST
321 RICHMOND ST
0 .� n
323 RICHMOND ST
343 RICHMOND ST
401 RICHMOND ST
407 RICHMOND ST
411 RICHMOND ST
412 RICHMOND ST
413 RICHMOND ST
416 RICHMOND ST
420 RICHMOND ST
424 RICHMOND ST
432 RICHMOND ST
433 RICHMOND ST
442 RICHMOND ST
443 RICHMOND ST
501 RICHMOND ST
502 RICHMOND ST
507 RICHMOND ST
508 RICHMOND ST
509 RICHMOND ST
511 RICHMOND ST
512 RICHMOND ST
513 RICHMOND ST
515 RICHMOND ST
516 RICHMOND ST
518 RICHMOND ST
519 RICHMOND ST
522 RICHMOND ST
525 RICHMOND ST
527 RICHMOND ST
528 RICHMOND ST
529 RICHMOND ST
531 RICHMOND ST
534 RICHMOND ST
535 RICHMOND ST
536 RICHMOND ST
538 RICHMOND ST
539 RICHMOND ST
540 RICHMOND ST
542 RICHMOND ST
419 RICHMOND ST A
425 RICHMOND ST A
436 RICHMOND ST B
311 RICHMOND ST D
202 SHELDON ST
204 SHELDON ST
206 SHELDON ST
207 SHELDON ST
208 SHELDON ST
211 SHELDON ST
212 SHELDON ST
220 SHELDON ST
223 SHELDON ST
225 SHELDON ST
227 SHELDON ST
229 SHELDON ST
231 SHELDON ST
231 -1/2 SHELDON ST
317 SHELDON ST
322 SHELDON ST
328 SHELDON ST
505 SHELDON ST
506 SHELDON ST
510 SHELDON ST
511 SHELDON ST
514 SHELDON ST
515 SHELDON ST
518 SHELDON ST
521 SHELDON ST
522 SHELDON ST
525 SHELDON ST
526 SHELDON ST
527 SHELDON ST
530 SHELDON ST
537 SHELDON ST
538 SHELDON ST
543 SHELDON ST
601 SHELDON ST
605 SHELDON ST
610 SHELDON ST
613 SHELDON ST
616 SHELDON ST
619 SHELDON ST
622 SHELDON ST
623 SHELDON ST
628 SHELDON ST
634 SHELDON ST
640 SHELDON ST
646 SHELDON ST
731 SHELDON ST
740 SHELDON ST
743 SHELDON ST
744 SHELDON ST
747 SHELDON ST
750 SHELDON ST
751 SHELDON ST
754 SHELDON ST
755 SHELDON ST
759 SHELDON ST
760 SHELDON ST
I . ) r.
i- J i
801 SHELDON ST
816 SHELDON ST
820 SHELDON ST
821 SHELDON ST
823 SHELDON ST
825 SHELDON ST
826 SHELDON ST
830 SHELDON ST
833 SHELDON ST
836 SHELDON ST
837 SHELDON ST
840 SHELDON ST
841 SHELDON ST
846 SHELDON ST
848 SHELDON ST
849 SHELDON ST
852 SHELDON ST
853 SHELDON ST
857 SHELDON ST
861 SHELDON ST
904 SHELDON ST
908 SHELDON ST
909 SHELDON ST
912 SHELDON ST
913 SHELDON ST
916 SHELDON ST
917 SHELDON ST
922 SHELDON ST
926 SHELDON ST
928 SHELDON ST
929 SHELDON ST
933 SHELDON ST
934 SHELDON ST
936 SHELDON ST
937 SHELDON ST
940 SHELDON ST
941 SHELDON ST
944 SHELDON ST
945 SHELDON ST
949 SHELDON ST
217 SHELDON ST A
531 SHELDON ST A
217 SHELDON ST B
217 SHELDON ST C
217 SHELDON ST D
508 SIERRA PL
510 SIERRA PL
512 SIERRA PL
521 SIERRA PL
527 SIERRA PL
529 SIERRA PL
533 SIERRA PL
534 SIERRA PL
227 SIERRA ST
318 SIERRA ST
321 SIERRA ST
322 SIERRA ST
325 SIERRA ST
326 SIERRA ST
331 SIERRA ST
335 SIERRA ST
424 SIERRA ST
426 SIERRA ST
436 SIERRA ST
601 SIERRA ST
602 SIERRA ST
610 SIERRA ST
611 SIERRA ST
616 SIERRA ST
617 SIERRA ST
623 SIERRA ST
624 SIERRA ST
629 SIERRA ST
630 SIERRA ST
633 SIERRA ST
636 SIERRA ST
639 SIERRA ST
640 SIERRA ST
645 SIERRA ST
702 SIERRA ST
703 SIERRA ST
707 SIERRA ST
708 SIERRA ST
711 SIERRA ST
714 SIERRA ST
720 SIERRA ST
721 SIERRA ST
724 SIERRA ST
725 SIERRA ST
730 SIERRA ST
736 SIERRA ST
737 SIERRA ST
740 SIERRA ST
741 SIERRA ST
746 SIERRA ST
747 SIERRA ST
750 SIERRA ST
753 SIERRA ST
756 SIERRA ST
c:.J�
757 SIERRA ST
760 SIERRA ST
763 SIERRA ST
135 STANDARD ST
216 STANDARD ST
308 STANDARD ST
401 STANDARD ST
402 STANDARD ST
405 STANDARD ST
406 STANDARD ST
407 STANDARD ST
408 STANDARD ST
410 STANDARD ST
411 STANDARD ST
414 STANDARD ST
415 STANDARD ST
418 STANDARD ST
419 STANDARD ST
424 STANDARD ST
426 STANDARD ST
427 STANDARD ST
430 STANDARD ST
433 STANDARD ST
436 STANDARD ST
437 STANDARD ST
442 STANDARD ST
500 STANDARD ST
502 STANDARD ST
505 STANDARD ST
506 STANDARD ST
510 STANDARD ST
511 STANDARD ST
515 STANDARD ST
516 STANDARD ST
519 STANDARD ST
520 STANDARD ST
521 STANDARD ST
523 STANDARD ST
524 STANDARD ST
526 STANDARD ST
527 STANDARD ST
528 STANDARD ST
530 STANDARD ST
533 STANDARD ST
534 STANDARD ST
535 STANDARD ST
538 STANDARD ST
540 STANDARD ST
116 W SYCAMORE AVE
117 W SYCAMORE AVE
120 W SYCAMORE AVE
1200 E SYCAMORE AVE
1201 E SYCAMORE AVE
1202 E SYCAMORE AVE
1203 E SYCAMORE AVE
1205 E SYCAMORE AVE
1206 E SYCAMORE AVE
1207 E SYCAMORE AVE
1208 E SYCAMORE AVE
1209 E SYCAMORE AVE
1210 E SYCAMORE AVE
1211 E SYCAMORE AVE
1213 E SYCAMORE AVE
1214 E SYCAMORE AVE
1217 E SYCAMORE AVE
1218 E SYCAMORE AVE
1220 E SYCAMORE AVE
1221 E SYCAMORE AVE
1222 E SYCAMORE AVE
1225 E SYCAMORE AVE
1226 E SYCAMORE AVE
1228 E SYCAMORE AVE
123 W SYCAMORE AVE
124 W SYCAMORE AVE
125 W SYCAMORE AVE
129 W SYCAMORE AVE
1403 E SYCAMORE AVE
1407 E SYCAMORE AVE
1411 E SYCAMORE AVE
1414 E SYCAMORE AVE
1415 E SYCAMORE AVE
1416 E SYCAMORE AVE
1420 E SYCAMORE AVE
1421 E SYCAMORE AVE
1423 E SYCAMORE AVE
1425 E SYCAMORE AVE
1429 E SYCAMORE AVE
1432 E SYCAMORE AVE
1435 E SYCAMORE AVE
1436 E SYCAMORE AVE
1440 E SYCAMORE AVE
1501 E SYCAMORE AVE
1502 E SYCAMORE AVE
1505 E SYCAMORE AVE
1506 E SYCAMORE AVE
1507 E SYCAMORE AVE
1510 E SYCAMORE AVE
1511 E SYCAMORE AVE
1515 E SYCAMORE AVE
201 W SYCAMORE AVE
202 W SYCAMORE AVE
203 E SYCAMORE AVE
203 W SYCAMORE AVE
205 W SYCAMORE AVE
206 W SYCAMORE AVE
207 W SYCAMORE AVE
209 E SYCAMORE AVE
210 W SYCAMORE AVE
211 W SYCAMORE AVE
213 E SYCAMORE AVE
214 E SYCAMORE AVE
214 W SYCAMORE AVE
216 E SYCAMORE AVE
217 E SYCAMORE AVE
218 E SYCAMORE AVE
220 W SYCAMORE AVE
221 W SYCAMORE AVE
222 W SYCAMORE AVE
225 W SYCAMORE AVE
226 W SYCAMORE AVE
229 W SYCAMORE AVE
230 W SYCAMORE AVE
300 W SYCAMORE AVE
301 W SYCAMORE AVE
309 W SYCAMORE AVE
312 E SYCAMORE AVE
314 E SYCAMORE AVE
315 E SYCAMORE AVE
316 W SYCAMORE AVE
316 E SYCAMORE AVE
317 W SYCAMORE AVE
318 E SYCAMORE AVE
319 W SYCAMORE AVE
319 E SYCAMORE AVE
320 W SYCAMORE AVE
320 E SYCAMORE AVE
321 E SYCAMORE AVE
324 W SYCAMORE AVE
329 E SYCAMORE AVE
400 E SYCAMORE AVE
401 E SYCAMORE AVE
402 E SYCAMORE AVE
405 E SYCAMORE AVE
406 E SYCAMORE AVE
410 E SYCAMORE AVE
411 E SYCAMORE AVE
413 E SYCAMORE AVE
413 W SYCAMORE AVE
414 W SYCAMORE AVE
415 W SYCAMORE AVE
417 E SYCAMORE AVE
419 W SYCAMORE AVE
421 W SYCAMORE AVE
425 W SYCAMORE AVE
502 W SYCAMORE AVE
504 W SYCAMORE AVE
506 W SYCAMORE AVE
507 W SYCAMORE AVE
508 W SYCAMORE AVE
512 W SYCAMORE AVE
513 W SYCAMORE AVE
514 E SYCAMORE AVE
515 W SYCAMORE AVE
516 W SYCAMORE AVE
517 E SYCAMORE AVE
519 E SYCAMORE AVE
519 W SYCAMORE AVE
520 W SYCAMORE AVE
521 E SYCAMORE AVE
523 W SYCAMORE AVE
524 E SYCAMORE AVE
524 W SYCAMORE AVE
528 W SYCAMORE AVE
532 W SYCAMORE AVE
600 W SYCAMORE AVE
622 W SYCAMORE AVE
630 W SYCAMORE AVE
631 W SYCAMORE AVE
633 W SYCAMORE AVE
634 W SYCAMORE AVE
635 W SYCAMORE AVE
638 W SYCAMORE AVE
641 W SYCAMORE AVE
642 W SYCAMORE AVE
645 W SYCAMORE AVE
646 W SYCAMORE AVE
647 W SYCAMORE AVE
648 W SYCAMORE AVE
649 W SYCAMORE AVE
650 W SYCAMORE AVE
654 W SYCAMORE AVE
655 W SYCAMORE AVE
658 W SYCAMORE AVE
659 W SYCAMORE AVE
662 W SYCAMORE AVE
663 W SYCAMORE AVE
701 W SYCAMORE AVE
711 W SYCAMORE AVE
721 W SYCAMORE AVE
730 W SYCAMORE AVE
731 W SYCAMORE AVE
740 W SYCAMORE AVE
741 W SYCAMORE AVE
750 W SYCAMORE AVE
751 W SYCAMORE AVE
760 W SYCAMORE AVE
770 W SYCAMORE AVE
336 VALLEY ST
337 VALLEY ST
340 VALLEY ST
341 VALLEY ST
345 VALLEY ST
346 VALLEY ST
352 VALLEY ST
353 VALLEY ST
357 VALLEY ST
361 VALLEY ST
405 VALLEY ST
409 VALLEY ST
410 VALLEY ST
411 VALLEY ST
413 VALLEY ST
417 VALLEY ST
418 VALLEY ST
421 VALLEY ST
426 VALLEY ST
427 VALLEY ST
432 VALLEY ST
435 VALLEY ST
439 VALLEY ST
102 VIRGINIA ST
122 VIRGINIA ST
123 VIRGINIA ST
127 VIRGINIA ST
135 VIRGINIA ST
139 VIRGINIA ST
140 VIRGINIA ST
211 VIRGINIA ST
215 VIRGINIA ST
225 VIRGINIA ST
231 VIRGINIA ST
303 VIRGINIA ST
309 VIRGINIA ST
321 VIRGINIA ST
402 VIRGINIA ST
403 VIRGINIA ST
406 VIRGINIA ST
409 VIRGINIA ST
413 VIRGINIA ST
414 VIRGINIA ST
416 VIRGINIA ST
419 VIRGINIA ST
423 VIRGINIA ST
424 VIRGINIA ST
427 VIRGINIA ST
428 VIRGINIA ST
430 VIRGINIA ST
431 VIRGINIA ST
438 VIRGINIA ST
439 VIRGINIA ST
442 VIRGINIA ST
443 VIRGINIA ST
500 VIRGINIA ST
501 VIRGINIA ST
505 VIRGINIA ST
506 VIRGINIA ST
510 VIRGINIA ST
511 VIRGINIA ST
515 VIRGINIA ST
516 VIRGINIA ST
521 VIRGINIA ST
522 VIRGINIA ST
525 VIRGINIA ST
526 VIRGINIA ST
531 VIRGINIA ST
532 VIRGINIA ST
535 VIRGINIA ST
536 VIRGINIA ST
543 VIRGINIA ST
544 VIRGINIA ST
601 VIRGINIA ST
613 VIRGINIA ST
637 VIRGINIA ST
641 VIRGINIA ST
645 VIRGINIA ST
703 VIRGINIA ST
704 VIRGINIA ST
706 VIRGINIA ST
707 VIRGINIA ST
708 VIRGINIA ST
710 VIRGINIA ST
711 VIRGINIA ST
712 VIRGINIA ST
714 VIRGINIA ST
715 VIRGINIA ST
717 VIRGINIA ST
718 VIRGINIA ST
A-, ,i •i
721 VIRGINIA ST
725 VIRGINIA ST
729 VIRGINIA ST
739 VIRGINIA ST
740 VIRGINIA ST
742 VIRGINIA ST
745 VIRGINIA ST
746 VIRGINIA ST
747 VIRGINIA ST
750 VIRGINIA ST
753 VIRGINIA ST
754 VIRGINIA ST
759 VIRGINIA ST
760 VIRGINIA ST
769 VIRGINIA ST
800 VIRGINIA ST
803 VIRGINIA ST
805 VIRGINIA ST
810 VIRGINIA ST
811 VIRGINIA ST
814 VIRGINIA ST
815 VIRGINIA ST
817 VIRGINIA ST
818 VIRGINIA ST
821 VIRGINIA ST
826 VIRGINIA ST
827 VIRGINIA ST
832 VIRGINIA ST
837 VIRGINIA ST
841 VIRGINIA ST
842 VIRGINIA ST
844 VIRGINIA ST
850 VIRGINIA ST
851 VIRGINIA ST
852 VIRGINIA ST
853 VIRGINIA ST
856 VIRGINIA ST
859 VIRGINIA ST
861 VIRGINIA ST
862 VIRGINIA ST
901 VIRGINIA ST
902 VIRGINIA ST
907 VIRGINIA ST
910 VIRGINIA ST
911 VIRGINIA ST
912 VIRGINIA ST
915 VIRGINIA ST
918 VIRGINIA ST
919 VIRGINIA ST
925 VIRGINIA ST
926 VIRGINIA ST
933 VIRGINIA ST
940 VIRGINIA ST
941 VIRGINIA ST
942 VIRGINIA ST
946 VIRGINIA ST
947 VIRGINIA ST
955 VIRGINIA ST
133 VIRGINIA ST 1
133 VIRGINIA ST 2
133 VIRGINIA ST 3
133 VIRGINIA ST 4
205 VIRGINIA ST 4
131 VIRGINIA ST A
1000 E WALNUT AVE
1001 E WALNUT AVE
1004 E WALNUT AVE
1005 E WALNUT AVE
1008 E WALNUT AVE
1009 E WALNUT AVE
101 E WALNUT AVE
1013 E WALNUT AVE
1017 E WALNUT AVE
1021 E WALNUT AVE
104 E WALNUT AVE
1101 E WALNUT AVE
1103 E WALNUT AVE
1105 E WALNUT AVE
1106 E WALNUT AVE
1107 E WALNUT AVE
1109 E WALNUT AVE
115 E WALNUT AVE
120 W WALNUT AVE
1201 E WALNUT AVE
1203 E WALNUT AVE
1204 E WALNUT AVE
1205 E WALNUT AVE
1207 E WALNUT AVE
1208 E WALNUT AVE
1209 E WALNUT AVE
1211 E WALNUT AVE
1212 E WALNUT AVE
1213 E WALNUT AVE
1216 E WALNUT AVE
1220 E WALNUT AVE
1224 E WALNUT AVE
124 W WALNUT AVE
1258 E WALNUT AVE
126 W WALNUT AVE
f;► n
of- 4 4-
1300 E WALNUT AVE
1301 E WALNUT AVE
1303 E WALNUT AVE
1305 E WALNUT AVE
1307 E WALNUT AVE
1400 E WALNUT AVE
1401 E WALNUT AVE
1403 E WALNUT AVE
1405 E WALNUT AVE
1406 E WALNUT AVE
1407 E WALNUT AVE
1409 E WALNUT AVE
1411 E WALNUT AVE
1413 E WALNUT AVE
1414 E WALNUT AVE
1415 E WALNUT AVE
1417 E WALNUT AVE
1418 E WALNUT AVE
1419 E WALNUT AVE
1421 E WALNUT AVE
1422 E WALNUT AVE
1426 E WALNUT AVE
1430 E WALNUT AVE
1432 E WALNUT AVE
1434 E WALNUT AVE
1501 E WALNUT AVE
1502 E WALNUT AVE
1503 E WALNUT AVE
1504 E WALNUT AVE
1505 E WALNUT AVE
200 W WALNUT AVE
201 E WALNUT AVE
202 E WALNUT AVE
203 W WALNUT AVE
204 W WALNUT AVE
205 E WALNUT AVE
206 E WALNUT AVE
207 W WALNUT AVE
208 W WALNUT AVE
209 E WALNUT AVE
210 E WALNUT AVE
211 W WALNUT AVE
212 W WALNUT AVE
213 E WALNUT AVE
214 W WALNUT AVE
214 E WALNUT AVE
215 W WALNUT AVE
216 W WALNUT AVE
217 E WALNUT AVE
218 E WALNUT AVE
221 W WALNUT AVE
222 W WALNUT AVE
222 E WALNUT AVE
223 E WALNUT AVE
225 W WALNUT AVE
226 W WALNUT AVE
227 E WALNUT AVE
229 W WALNUT AVE
229 E WALNUT AVE
230 W WALNUT AVE
302 W WALNUT AVE
303 E WALNUT AVE
305 W WALNUT AVE
306 W WALNUT AVE
307 E WALNUT AVE
310 W WALNUT AVE
312 E WALNUT AVE
313 E WALNUT AVE
315 E WALNUT AVE
315 W WALNUT AVE
318 W WALNUT AVE
320 E WALNUT AVE
321 W WALNUT AVE
324 E WALNUT AVE
325 W WALNUT AVE
328 E WALNUT AVE
329 E WALNUT AVE
333 E WALNUT AVE
336 E WALNUT AVE
337 E WALNUT AVE
340 E WALNUT AVE
400 E WALNUT AVE
401 E WALNUT AVE
406 E WALNUT AVE
407 E WALNUT AVE
412 W WALNUT AVE
414 W WALNUT AVE
415 W WALNUT AVE
416 E WALNUT AVE
419 W WALNUT AVE
419 E WALNUT AVE
423 W WALNUT AVE
424 W WALNUT AVE
425 E WALNUT AVE
426 W WALNUT AVE
430 W WALNUT AVE
500 W WALNUT AVE
501 W WALNUT AVE
503 W WALNUT AVE
505 W WALNUT AVE
507 W WALNUT AVE
508 W WALNUT AVE
508 E WALNUT AVE
509 E WALNUT AVE
512 W WALNUT AVE
515 W WALNUT AVE
516 W WALNUT AVE
516 E WALNUT AVE
517 E WALNUT AVE
518 E WALNUT AVE
519 W WALNUT AVE
520 W WALNUT AVE
520 E WALNUT AVE
521 E WALNUT AVE
523 W WALNUT AVE
526 E WALNUT AVE
528 W WALNUT AVE
529 E WALNUT AVE
616 W WALNUT AVE
620 W WALNUT AVE
621 W WALNUT AVE
624 W WALNUT AVE
625 W WALNUT AVE
629 W WALNUT AVE
630 W WALNUT AVE
633 W WALNUT AVE
637 W WALNUT AVE
642 W WALNUT AVE
643 W WALNUT AVE
646 W WALNUT AVE
648 W WALNUT AVE
649 W WALNUT AVE
650 W WALNUT AVE
651 W WALNUT AVE
652 W WALNUT AVE
658 W WALNUT AVE
659 W WALNUT AVE
663 W WALNUT AVE
665 W WALNUT AVE
667 W WALNUT AVE
909 E WALNUT AVE
913 E WALNUT AVE
917 E WALNUT AVE
921 E WALNUT AVE
400 WASHINGTON ST
401 WASHINGTON ST
404 WASHINGTON ST
405 WASHINGTON ST
408 WASHINGTON ST
409 WASHINGTON ST
412 WASHINGTON ST
413 WASHINGTON ST
416 WASHINGTON ST
417 WASHINGTON ST
420 WASHINGTON ST
421 WASHINGTON ST
424 WASHINGTON ST
425 WASHINGTON ST
428 WASHINGTON ST
429 WASHINGTON ST
432 WASHINGTON ST
433 WASHINGTON ST
434 WASHINGTON ST
435 WASHINGTON ST
500 WASHINGTON ST
501 WASHINGTON ST
502 WASHINGTON ST
504 WASHINGTON ST
505 WASHINGTON ST
508 WASHINGTON ST
509 WASHINGTON ST
512 WASHINGTON ST
513 WASHINGTON ST
516 WASHINGTON ST
517 WASHINGTON ST
520 WASHINGTON ST
521 WASHINGTON ST
524 WASHINGTON ST
525 WASHINGTON ST
530 WASHINGTON ST
605 WASHINGTON ST
719 WASHINGTON ST
729 WASHINGTON ST
755 WASHINGTON ST
759 WASHINGTON ST
761 WASHINGTON ST
765 WASHINGTON ST
815 WASHINGTON ST
819 WASHINGTON ST
823 WASHINGTON ST
827 WASHINGTON ST
841 WASHINGTON ST
843 WASHINGTON ST
118 WHITING ST
122 WHITING ST
133 WHITING ST
135 WHITING ST
202 WHITING ST
4
206 WHITING ST
211 WHITING ST
218 WHITING ST
224 WHITING ST
225 WHITING ST
229 WHITING ST
307 WHITING ST
311 WHITING ST
312 WHITING ST
316 WHITING ST
317 WHITING ST
320 WHITING ST
321 WHITING ST
324 WHITING ST
327 WHITING ST
328 WHITING ST
332 WHITING ST
333 WHITING ST
337 WHITING ST
3381/2 WHITING ST
341 WHITING ST
342 WHITING ST
346 WHITING ST
347 WHITING ST
351 WHITING ST
3521/2 WHITING ST
355 WHITING ST
356 WHITING ST
357 WHITING ST
360 WHITING ST
363 WHITING ST
403 WHITING ST
408 WHITING ST
409 WHITING ST
411 WHITING ST
412 WHITING ST
416 WHITING ST
419 WHITING ST
420 WHITING ST
423 WHITING ST
424 WHITING ST
426 WHITING ST
427 WHITING ST
431 WHITING ST
432 WHITING ST
437 WHITING ST
438 WHITING ST
442 WHITING ST
443 WHITING ST
502 WHITING ST
503 WHITING ST
505 WHITING ST
506 WHITING ST
512 WHITING ST
513 WHITING ST
517 WHITING ST
518 WHITING ST
522 WHITING ST
523 WHITING ST
526 WHITING ST
529 WHITING ST
530 WHITING ST
533 WHITING ST
537 WHITING ST
538 WHITING ST
542 WHITING ST
543 WHITING ST
602 WHITING ST
606 WHITING ST
611 WHITING ST
612 WHITING ST
617 WHITING ST
620 WHITING ST
622 WHITING ST
623 WHITING ST
626 WHITING ST
627 WHITING ST
635 WHITING ST
637 WHITING ST
643 WHITING ST
143 WHITING ST 1
143 WHITING ST 2
143 WHITING ST 3
203 WHITING ST A
203 WHITING ST B
203 WHITING ST C
203 WHITING ST D
742 YUCCA ST
747 YUCCA ST
748 YUCCA ST
753 YUCCA ST
754 YUCCA ST
759 YUCCA ST
760 YUCCA ST
2 , i
Exhibit B — Scope of Work
In addition to the Services set forth in the body of the Franchise Agreement, FRANCHISEE
agrees to provide the following Services:
General Comments:
(1) For the purposes of this contract, qualifying service addresses for residential solid
waste and recycling collection are included in this Scope of Work as Attachment A.
(2) CITY has both street -side and alley locations for trash collection. FRANCHISEE
should acquaint itself with the special needs and accommodations that will be
required for alley collection.
(3) CITY anticipates that the current collection schedule will be maintained for easy
transition from prior services to new services.
(4) Separate truck shall be used for the collection solid waste and recycled materials.
Specific Services
1. Specific Services: FRANCHISEE will provide the following primary services:
a. Unlimited, weekly collection, transportation and disposal of residential solid waste
for up to 3981 qualifying residential service addresses.
b. Unlimited, weekly collection, transportation and disposal of commingled recyclables
for the qualifying residential service addresses. Pick up of both solid waste and
recyclables must occur on the same day for each service address according to the
Trash Collection Schedule Map attached as Attachment B.
c. Unlimited, weekly collection of bulky items for qualifying residential services
addresses. Community residents may also drop off their bulky items at the American
Waste Transfer station free of charge with proof of residency.
d. Collection and disposal of municipal solid waste and recyclables in public areas and
at CITY -owned facilities, which include at a minimum:
(1) Street -side solid waste containers (trash cans) in the downtown area of El
Segundo, Grand Ave., Imperial Ave. and other areas as determined by CITY,
at least weekly or more frequently if the cans become 80% full within the
week.
(2) Bins according the following table (on -call collection requests shall be made
within 24 hours or one business day):
City Hall IS, 1 R
Police Dept.
1S, 1R
Fire Station 1
1S, 1R
Fire Station 2
IS, 1 R
Library
IS, 1 R
Public Works
Maintenance Yard
2S, 1R
I with on
call
collection
1SS with 2x
per week
collection
2G with on
call
collection,
Z45 -A
*= Hinged Covers; S= Solid Waste; R= Recycled Materials Waste; A= Asphalt
Waste; G= Green Waste; SS= Street Sweeping Waste; Collection is 3 times per week
unless otherwise indicated.
e. Coordinated bulky item collection twice annually as a community event, one to be
held in the fall and one to be held in the spring. FRANCHISEE must coordinate the
event with City staff and advertise the collection events in the local newspaper at least
two weeks before the event.
f. Curbside holiday tree collection for qualifying service addresses and centralized
holiday tree collection for three weeks following Christmas day. FRANCHISEE
must provide one or more large containers for holiday trees collected at CITY's
Public Works maintenance yard. Residents will also be able to drop of their trees at
the American Waste Transfer station free of charge with proof of residency.
g. Abandoned item and illegally dumped bulky goods collection in the public right -of-
way within 24 hours of receiving the call. FRANCHISEE must make every
reasonable attempt to respond the same day that service is requested
h. Respond to any irregularities in waste collection or City- requested special pick -ups
within 24 hours.
i. Solid waste and recycling receptacle distribution and collection for CITY - sponsored
events, which include but are not limited to the 4th of July Annual Fireworks Show,
Concerts in the Park, Hometown Fair, Richmond Street Fair, Holiday Parade, etc.
2. Additional Services. FRANCHISEE will provide the following additional services:
a. Collection of White Goods (large domestic appliances) for qualifying residential
services addresses, which include but are not limited to refrigerators, freezers, stoves,
ranges, trash compactors, washers, dryers, dishwashers, furnaces, hot water heaters,
air conditioners, humidifiers, dehumidfiers and microwaves. Residents of CITY may
also drop of their White Goods at the American Waste Transfer station free of charge
with proof of residency.
b. Offer and provide each qualifying residential service address at least one recycling
container, sizes which may range from 18 to 65 gallons for "single- stream" recycling
collection. FRANCHISEE must make available additional recycling containers upon
request by CITY or residents at no additional cost. FRANCHISEE must also make
available to residents "recycling stickers" for those residents who opt to use their own
recycling containers in lieu of FRANCHISEE- provided recycling bins.
,z-.s- 6
2R* with
weekly and
on call
collection
Water Yard
is
Parks Maintenance
4S, 1 R
Yard
Park Vista
2S, 1R
The Lakes Golf Course
3S, 1R
Campus ES Soccer
IS, 1 R
Field
Boy Scout House
IS
*= Hinged Covers; S= Solid Waste; R= Recycled Materials Waste; A= Asphalt
Waste; G= Green Waste; SS= Street Sweeping Waste; Collection is 3 times per week
unless otherwise indicated.
e. Coordinated bulky item collection twice annually as a community event, one to be
held in the fall and one to be held in the spring. FRANCHISEE must coordinate the
event with City staff and advertise the collection events in the local newspaper at least
two weeks before the event.
f. Curbside holiday tree collection for qualifying service addresses and centralized
holiday tree collection for three weeks following Christmas day. FRANCHISEE
must provide one or more large containers for holiday trees collected at CITY's
Public Works maintenance yard. Residents will also be able to drop of their trees at
the American Waste Transfer station free of charge with proof of residency.
g. Abandoned item and illegally dumped bulky goods collection in the public right -of-
way within 24 hours of receiving the call. FRANCHISEE must make every
reasonable attempt to respond the same day that service is requested
h. Respond to any irregularities in waste collection or City- requested special pick -ups
within 24 hours.
i. Solid waste and recycling receptacle distribution and collection for CITY - sponsored
events, which include but are not limited to the 4th of July Annual Fireworks Show,
Concerts in the Park, Hometown Fair, Richmond Street Fair, Holiday Parade, etc.
2. Additional Services. FRANCHISEE will provide the following additional services:
a. Collection of White Goods (large domestic appliances) for qualifying residential
services addresses, which include but are not limited to refrigerators, freezers, stoves,
ranges, trash compactors, washers, dryers, dishwashers, furnaces, hot water heaters,
air conditioners, humidifiers, dehumidfiers and microwaves. Residents of CITY may
also drop of their White Goods at the American Waste Transfer station free of charge
with proof of residency.
b. Offer and provide each qualifying residential service address at least one recycling
container, sizes which may range from 18 to 65 gallons for "single- stream" recycling
collection. FRANCHISEE must make available additional recycling containers upon
request by CITY or residents at no additional cost. FRANCHISEE must also make
available to residents "recycling stickers" for those residents who opt to use their own
recycling containers in lieu of FRANCHISEE- provided recycling bins.
,z-.s- 6
FRANCHISEE must notify residents of the various recycling bin sizes offered at least
three weeks before the start of the contract and begin distributing recycling bins to all
service addresses at least two weeks before the start of the contract. Requests from
residents for changes to their recyclable collection containers must be satisfied within
72 hours of receipt of the request. All materials sent to the residents in this effort
must be provided to CITY for review and approval before printing and distribution.
3. Promotion, Education and Outreach. FRANCHISEE must provide /conduct the
following promotional and educational programs:
a. FRANCHISEE will work with CITY to provide service- oriented information
annually to customers and for developing and executing public education to
encourage waste reduction and diversion. Specifically, 30 days before the
commencement of service FRANCHISEE must provide via first class mail an 8 -1/2"
x 11 ", double- sided, two -color insert to each qualifying service address. This insert
must inform City residents about the complete trash and recyclables services
available, including the collection schedule, a listing of what materials can go into the
recyclable materials bin, instructions on the proper handling of the collection bins,
instructions on what customers are to do with trash that does not fit into the collection
bins, etc. FRANCHISEE must provide another such insert at six months into the
contract, and each twelve months thereafter. The contents of the insert will be
approved CITY before distribution and printing.
b. Before implementation of trash collection and other waste hauling services,
FRANCHISEE must participate with City staff and City Council in one or more
public meetings to describe the implementation of services to City
residents /customers.
4. Annual Route Audit: FRANCHISEE must conduct every calendar year, an annual audit
of its collection routes in CITY, which includes at a minimum the number and location of
services addresses receiving residential trash collection services. Results of the audit
must be submitted to CITY annually by February 28 for the previous calendar year.
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: September 20, 2011
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding a request from the El Segundo Kiwanis Club to operate a
Beer Garden in the food court section of the Kiwanis sponsored 35`h Annual Richmond Street Fair on
Saturday, September 24, 2011 from 11:00 am — 5:00 pm. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
(1) Approve the request from the El Segundo Kiwanis Club to operate a Beer Garden in the food
court section of the 35`h Annual Richmond Street Fair, subject to compliance with all Alcohol
Beverage Commission regulations and permits;
(2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS: None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Bob Cummings, Director of Recreation and Parks
REVIEWED BY:
APPROVED BY: Doug Willmore, City Manager MAI
BACKGROUND & DISCUSSION:
El Segundo Kiwanis is sponsoring the 35'h Annual Richmond Street Fair to be held in Downtown El
Segundo, on Saturday, September 24, 2011. A request has been submitted by the El Segundo Kiwanis
Club to operate a Beer Garden in the food court section of the Fair from 11:00 am — 5:00 pm subject to
state Alcohol Beverage Commission regulations and permits.
The El Segundo Kiwanis Club is experienced in operating Beer Gardens at local special events,
including the Hometown and Richmond Street Fairs. It is staff's request that due to their proven track
record in upholding state regulations and the addition of a well received event component by the public,
that the City Council grant the approval of the Beer Garden at the 2011 Richmond Street Fair.
14
EL SEGUNDO CITY COUNCIL MEETING DATE: September 20, 2011
AGENDA STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action to amend the City's existing contract with Liebert
Cassidy Whitmore ( "LCW ") the law firm that provides the City with specialized labor
and personnel legal services. The amendment seeks an approximate 12.5% rate increase.
(Fiscal Impact: City Staff will offset the hourly increase with lower utilization of LCW
services and there will be no budgetary impact for FY 2011 -2012)
RECOMMENDED COUNCIL ACTION:
1. Authorize City Manager to execute an agreement with LCW increasing LCW's
billing rates by approximately 12.5 %.
2. Alternatively, take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: No change to proposed FY 2011 -2012 budget
Amount Budgeted: $80,000
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 2201 -6310
ORIGINATED BY: Doug Willmore, City Manager
Mark Hensley, City Attorney
REVIEWED BY: ��
APPROVED BY: Doug Willmore, City Manager
Mark Hensley, City Attorney �Me tgv t 1Q11
BACKGROUND AND DISCUSSION:
The City has, since 2003, contracted with LCW for the provision of specialized labor and
personnel legal services. LCW is requesting a rate increase effective October 1, 2011. The last
time LCW increased its billing rates to the City was in August 2008.
LCW currently has a three tier billing structure with the City. LCW bills $230 and $195 per
hour respectively for partners and associates for the first tier which includes ten hours of billable
time per month (unused time is carried over to subsequent months if the City does not utilize the
hours). The second tier of rates are $255 (partners) and $210 (associates) per hour which rates
are charged for the second ten hours of billable time in a month. Finally, for all work in excess
of twenty hours per month, LCW bills the City at the rates of $270 (partners) and $230
(associates) per hour.
2 4 7
LCW is proposing the following increases in billing rates: Tier 1 - $260 (partners) and $220
(associates) per hour; Tier 2 - $285 (partners) and $235 (associates) per hour; and, Tier 3 - $300
(partners) and $255 (associates) per hour. Alternatively, LCW has proposed a blended billing
rate of $260 per hour for all services rendered.
The City reviewed the last two full fiscal 20e 0 the City was information from
average of and
85,000 per
determined
that for fiscal years 2008/2009 and 2009/ Y
fiscal year at an average rate of approximately $230 per hour.
Staff is recommending that the Council authorize the City Manager to execute an agreement with
LCW providing for the blended rate of $260 per hour. Based upon the fact that the current
lowest rate for partner work is $230 per hour and the City's average rate for the past two fiscal
years has been approximately $230 per hour, choosing the blended rate would cap the total
hourly rate in a manner consistent with the proposed lowest rate for partners ($260 per hour)
under the three tier proposal.
It is the staff s intention to offset the rate increase through lower utilization of LCW's services.
For example, this year the City has utilized staff for labor negotiations which is forecasted to
significantly reduce the services provided by LCW during the past two fiscal years.
Additionally, with enhanced positions that were added to the City's Human Resources
Department in fiscal years 2009 and 2010, staff believes that it should be able to reduce reliance
on LCW's services.
Finally, while the proposed rate increase comes at difficult time for the City in terms of budget
problems, the fees being proposed by LCW are reasonable when compared to other law firms
providing similar services. LCW has provided very good quality services to the City and has
significant experience, as well breadth and depth, in serving public agencies with labor and
personnel matters.
'48