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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 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 �F i ✓�rte�� C�iy. �X �1iyt .� % /r�i�-rt, �� 7 ✓,iz�� . ,C /cii��r . �l�x�ainr�c %ii�iz %al �_ 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. .�C/{(��Y •JL� e �>n .�� % /i�l e %rllr�b �l r- urzetf ,- Z� >yzt�L /( YrYt ✓irf%V�re- (�� >rr• +l.�l(,e »'a(vY -;1 r••>o ..�Yiirrre- �( i ✓�nrt� . ,��i>�C�Y � /�t�r >cie -rr> < l /.r >t -��9 (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 � � � \ \\ }\ \ FD \ j G \ G J ) \ \ \o oa \A \ \>( \\ \�m� \ \ \ \ { 6 j ■j »r C rn � ;+»CmB!> >0 > / /Sa;)>m /2 \W >z _ = =r aF>ziM \ Z is j z \ /(j /)} \ $ } } $ { }\j)®)\�\\ ml, Z, } // _ ] rn - / \%+:G < G ::e /: »2 2\2; ® - \,2== _ ) \2��k� §0§ , `)(° 1 ± §f \ ( } 0 � \ \ \\ \\ \ \S �G§a \!{ o ; y ƒ }) } {� \ /\ \ \\ on \ \ \ \\ \ \ \\ a ) _ § � � � \ \\ }\ \ FD \ j G \ G J ) \ \ \o oa \A \ \>( \\ \�m� \ \ \ \ { 6 j ■j »r C rn � ;+»CmB!> >0 > / /Sa;)>m /2 \W >z _ = =r aF>ziM \ >6 & /:@) \ /(j /)} \ $ } } $ { }\j)®)\�\\ ml, Z, } // _ ] : - ZZZ 71 i2! - / \%+:G < G ::e /: »2 2\2; ® - \,2== _ ) \2��k� §0§ , `)(° ° ��) [!2 M, I , § ) G � § O \� GQ (, () {k � � �� 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 () 3 �) x Y W t O M a En c W !0 a c aC N Z W Q Q - 0 0 0 0 0 0 0 0 to o m 0 0 0 0 0 0 0 o 0 0 V 0 LO 0 Lq 0 N 0 LO 0 M 0 m o N N O O m N N O lf) N 0 n 0 O M O O q { N co N h N r V M N !O Vi 66 69 6) EA V) V3 Vf Vf V) V) V3 W V) Vi W V) Vf V) EH O O O O 0 0 O O O O O O LO O Lq O U-) O O O N O n O co O L O r O LO O M ��. n N to N a f+9 6s fA Vf Vi Vf V! V) V) V) E9 V) EA w Vf V) fA V> Vi O O O O O O O O O O O O O O O 0 _ 0 r 00 M aI o co o N 0 _ 0 M 0 N 0 M 00 ao 0 o O v 00 L6 N 0 0 0 0 0 0 fA Vi to to Vl V) Vi Vi V) EA Vi Vf Vf Vi V) Vi fA Vi V) V3 o o O LO to O O O 0 v O v O o N N N n LO m 0 y O to N N cD N 6 N N ¢i 6s Vi F» w - V� F» E» E» w w - - Va V> Fn V> Vi o c ° L — .B 75 ° c O a7 p 6 i N U ' L O ca W o E a� C n °D Q Z o t an Q U> o 7 c _ ° ° m o o 7 w U LL o D U) Cl) 3 U O N otS 6$ r' fn a) N N O a - 0 0 Q ul a 0 0 v o 61 U ca 3' U t Q V N m cr U W m` a° Y a° 2 0 0 0 a) o o U 0 0 o o o o o o E o a a a Y a a a a a a a a a 4 C 7 C 7 C 7 N 7 C 7 C 7 C U C 7 C 7 C 7 C 7 C 7 C 7 C 7 C 7 a� (n o fn a� fn ai m cn m a� a� an d a� a) m a d co rn CD m m u) uJ u7 cn cn m m a) to m W W W F W W Q W W W W W W W W U W W W N O o a U) E E co N L E O c > U U a) <�J 0 Y O ' a c°7i Z a aci ° a) C U a Y� L.L N a) Q O E c6 a ca 61 a O C > 2 N N N a C F- a .- U (D -'E a V c6 a J U U O 67 m a) l6 J C � C 'E C N a - 0 0 m w o ° 0 O U .LO.. a� c E 0 l"d N a i6 o U co N m JE' C ° N o (� o a) N c o o> .c t 0 E = O F Ir Q a in ¢ m ¢ a 2 2 o ca 0 w > -I N M V to N M V � (O Fr' a0 7 7 C,40 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 Attachment 2 Western Ave SO Nash S > NJ =r KU, 5? 5a vermont Ave 0 U1, 2 1�z Inglewood Ave Hawthorne Blvd ro Prairie Ave lop CD > .2 Crenshaw Blvd Van Ness Ave 2 M,Q -4 Cm #4 r vi 39 0 0 CI t4 '-" C 9 0 M z M 0 > 4 0 M z r- z r1l M A n M a 10, x rn ;a Z 0 r- S. -Z I 8': M 0 3 (A (1)"0 4 A M z 0 0 In :4 4 !q z A r- 2 0 0 rr, M 03 In *0 Ila M M > ;0 X Cr CM M > z M C45 Western Ave SO NJ =r KU, vermont Ave > Figueroa St iv Broadway ro Main $t 2 t7 San Pedro Se rn Avalon Blvd NMI 0 CD 0) Central Ave z Compton E:: n na ca N 5 CD Cn 2 M,Q -4 Cm #4 r vi 39 0 0 CI t4 '-" C 9 0 M z M 0 > 4 0 M z r- z r1l M A n M a 10, x rn ;a Z 0 r- S. -Z I 8': M 0 3 (A (1)"0 4 A M z 0 0 In :4 4 !q z A r- 2 0 0 rr, M 03 In *0 Ila M M > ;0 X Cr CM M > z M C45 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 G N U Display Case E 0 0 A; E O O C� 0 0 or 0 U W 0 U w O cupboards c 0 E C7 r 'O ro Wi 03 0 O E~ � 00 X , N U E- O � U U K bb G U C/1 00 r. o �J w Display Case E 0 0 A; E O O C� 0 0 or 0 U W 0 U w O cupboards c 0 E C7 r 'O ro Wi E O O J U E- O � G U �J N s.. Q O a 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 t1 5 a WALNUT AVE. 0 rA ton SYCAMORE AVE. b 0 100 200 400 to SCALE IN FEET 9 MAPLE AVE. 6 OAK AVE. z .w rr LEGEND MATCH LINE) o PALM AVE. ELM AVE. Ln LANDS OF SCE PALM AVE. b 3i big MARIPOSA AVE. I 139' CITY OF EL SEGUNDO --,–�(MATCH LINE) 26'— APPROXIMATE TOWER LOCATION in —I ra nirSood (25- CLEARANCE) 8' WIDE SHELL CAUFOPNIA PIPELINE EXHIBIT A" TOTAL AREA(GROSS) I SOFT. 349,420 13.02 21' 51 uS PINE AVE. 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 -T;.-v.4-:; ,'-z. < SANDERS MAP NO.: 520581, 52082 M.S.: 49-82 NW File Name: 2001RE014231 LANDS OF SCE PALM AVE. i _0 big BEING LICENSED TO I HOLLY AVE. CITY OF EL SEGUNDO --,–�(MATCH LINE) APPROXIMATE TOWER LOCATION in —I ra nirSood (25- CLEARANCE) 8' WIDE SHELL CAUFOPNIA PIPELINE EXHIBIT A" TOTAL AREA(GROSS) I SOFT. 349,420 13.02 ...................... 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 -T;.-v.4-:; ,'-z. < 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 J 1� LiC,Cd, nivse� f �� 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 H Z W H a a W a W u J a G Z W J W m'. y a r E. t1 M w co co _ Ifs H` rJ M � I 1S.I`Zlc -b dI k. � I h M l w M i w 15 SIGfdIIII i w LO V w 0 w Ail 1PM y .Y \,yl: o � o N N V ■❑ 'Ffr. 0 N N co w U) 0 O U W w 61 7 i F N Z Z u' W Q [.li. _ 1 m - W N �" LU W � I w Lu VII JQD 1w a 0. 44 ('J p W F 0 WVW =� N c m M w co co _ Ifs H` rJ M � I 1S.I`Zlc -b dI k. � I h M l w M i w 15 SIGfdIIII i w LO V w 0 w Ail 1PM y .Y \,yl: o � o N N V ■❑ 'Ffr. 0 N N co w U) 0 O U W w 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety\0 Planning - Old \PROJECTS (Planning) \926 - 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety\0 Planning - Old \PROJECTS (Planning) \926 - 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA - 933 \EA- 933.PCsr.doc 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_ � :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 09 3 D ,y y i 3 f k $3 - ic 0 9 3 mm; Rg =fig$ > y 3 ic rn o � a I� - -- - rn ° m r o CA —q :a ov D ic o rn Hs i 8 r� M" N zs Z 1 1 g g�B N gs - -. 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I Uzi 21, m 10 IF, n, z m M Z Q m ;a ;a 0 C) T 0 0 m Z ;o 9 Im WWW SAGARCHI TFCTURIE COM Cl'Z m D mm oD A C r D Ilz 14 _ 12 17 1x.12' r O m N �Dm °SID D r n rC D 1 O Z i 9'.ti 1iJ' I ICI III I� 1 all , D' m o � 9'.ti 1iJ' I ICI III I� 1 all , en N I i i I I i I { Ill N i 1_ ! l i I I� II III II �I J Il I l E %ICi�Nt CD gI I i C b -i fi I J J �1 L C it u� bl n [J l J 13, 7 C L z 86 IN N - 0 es Z .fl g n N WWW.Sr1GPRCHITE CTIIRE COM 8 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 X m n O v m r m c z v 0 0 r A m v m 'v a �o 3 m z 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 1�� 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 ►I a v®r, Jo� 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 L" 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. i�J o � / I �� }} -l� Z Ji cn i F�►� L Ll ........ ... -�_, MAIN ST L- 1-111[ UL 'I � 1 1 O CENTER ST _ �— O O to ono z,1_l� �! D m m EL-41 O C- _.�.J.J I �Z70 °� - C m SEPULVEDA BLVD M o�D ac - - o O oo �C� �r DM Q. - -� r -4 C N J i� >Z — � >I m D � M A m 34 z (� DOUGLAS ST —` I .� AVIATION BLVD i1 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 -2- ib� 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. -3- i6 l 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 1 164 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 -5- .1 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. Nov i #� 0 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 -7- Wry 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 -8- G8 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. -10- 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 -11- 1 rl 1 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, -12- 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 -13- •1 ?� J 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 -14- t t 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 -15- I 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. -16- 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. -17- .t f'7 ♦ 4 1 l I 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; -18- lei' 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. -19- 14 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. -20- ��f.3 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 -21- f � y i � 1 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. -22- •9 !� 18 ,� 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. -23 - A � � i �) 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 -24- ;.8 t 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 -25- , _. 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. -26- 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 -27- j3L 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 -28- 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. -29- .) 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. -30- -J ;> >. .L -1J 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. -31- 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 -32- 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 -33- 19 3 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 -34- 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 -35- 95 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 -36- 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: -37- 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 -38- 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 -39- 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 -40- . 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 �F i ✓�rte�� C�iy. �X �1iyt .� % /r�i�-rt, �� 7 ✓,iz�� . ,C /cii��r . �l�x�ainr�c %ii�iz %al �_ 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. .�C/{(��Y •JL� e �>n .�� % /i�l e %rllr�b �l r- urzetf ,- Z� >yzt�L /( YrYt ✓irf%V�re- (�� >rr• +l.�l(,e »'a(vY -;1 r••>o ..�Yiirrre- �( i ✓�nrt� . ,��i>�C�Y � /�t�r >cie -rr> < l /.r >t -��9 (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 � � � \ \\ }\ \ FD \ j G \ G J ) \ \ \o oa \A \ \>( \\ \�m� \ \ \ \ { 6 j ■j »r C rn � ;+»CmB!> >0 > / /Sa;)>m /2 \W >z _ = =r aF>ziM \ Z is j z \ /(j /)} \ $ } } $ { }\j)®)\�\\ ml, Z, } // _ ] rn - / \%+:G < G ::e /: »2 2\2; ® - \,2== _ ) \2��k� §0§ , `)(° 1 ± §f \ ( } 0 � \ \ \\ \\ \ \S �G§a \!{ o ; y ƒ }) } {� \ /\ \ \\ on \ \ \ \\ \ \ \\ a ) _ § � � � \ \\ }\ \ FD \ j G \ G J ) \ \ \o oa \A \ \>( \\ \�m� \ \ \ \ { 6 j ■j »r C rn � ;+»CmB!> >0 > / /Sa;)>m /2 \W >z _ = =r aF>ziM \ >6 & /:@) \ /(j /)} \ $ } } $ { }\j)®)\�\\ ml, Z, } // _ ] : - ZZZ 71 i2! - / \%+:G < G ::e /: »2 2\2; ® - \,2== _ ) \2��k� §0§ , `)(° ° ��) [!2 M, I , § ) G � § O \� GQ (, () {k � � �� 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 () 3 �) x Y W t O M a En c W !0 a c aC N Z W Q Q - 0 0 0 0 0 0 0 0 to o m 0 0 0 0 0 0 0 o 0 0 V 0 LO 0 Lq 0 N 0 LO 0 M 0 m o N N O O m N N O lf) N 0 n 0 O M O O q { N co N h N r V M N !O Vi 66 69 6) EA V) V3 Vf Vf V) V) V3 W V) Vi W V) Vf V) EH O O O O 0 0 O O O O O O LO O Lq O U-) O O O N O n O co O L O r O LO O M ��. n N to N a f+9 6s fA Vf Vi Vf V! V) V) V) E9 V) EA w Vf V) fA V> Vi O O O O O O O O O O O O O O O 0 _ 0 r 00 M aI o co o N 0 _ 0 M 0 N 0 M 00 ao 0 o O v 00 L6 N 0 0 0 0 0 0 fA Vi to to Vl V) Vi Vi V) EA Vi Vf Vf Vi V) Vi fA Vi V) V3 o o O LO to O O O 0 v O v O o N N N n LO m 0 y O to N N cD N 6 N N ¢i 6s Vi F» w - V� F» E» E» w w - - Va V> Fn V> Vi o c ° L — .B 75 ° c O a7 p 6 i N U ' L O ca W o E a� C n °D Q Z o t an Q U> o 7 c _ ° ° m o o 7 w U LL o D U) Cl) 3 U O N otS 6$ r' fn a) N N O a - 0 0 Q ul a 0 0 v o 61 U ca 3' U t Q V N m cr U W m` a° Y a° 2 0 0 0 a) o o U 0 0 o o o o o o E o a a a Y a a a a a a a a a 4 C 7 C 7 C 7 N 7 C 7 C 7 C U C 7 C 7 C 7 C 7 C 7 C 7 C 7 C 7 a� (n o fn a� fn ai m cn m a� a� an d a� a) m a d co rn CD m m u) uJ u7 cn cn m m a) to m W W W F W W Q W W W W W W W W U W W W N O o a U) E E co N L E O c > U U a) <�J 0 Y O ' a c°7i Z a aci ° a) C U a Y� L.L N a) Q O E c6 a ca 61 a O C > 2 N N N a C F- a .- U (D -'E a V c6 a J U U O 67 m a) l6 J C � C 'E C N a - 0 0 m w o ° 0 O U .LO.. a� c E 0 l"d N a i6 o U co N m JE' C ° N o (� o a) N c o o> .c t 0 E = O F Ir Q a in ¢ m ¢ a 2 2 o ca 0 w > -I N M V to N M V � (O Fr' a0 7 7 C,40 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 Attachment 2 Western Ave SO Nash S > NJ =r KU, 5? 5a vermont Ave 0 U1, 2 1�z Inglewood Ave Hawthorne Blvd ro Prairie Ave lop CD > .2 Crenshaw Blvd Van Ness Ave 2 M,Q -4 Cm #4 r vi 39 0 0 CI t4 '-" C 9 0 M z M 0 > 4 0 M z r- z r1l M A n M a 10, x rn ;a Z 0 r- S. -Z I 8': M 0 3 (A (1)"0 4 A M z 0 0 In :4 4 !q z A r- 2 0 0 rr, M 03 In *0 Ila M M > ;0 X Cr CM M > z M C45 Western Ave SO NJ =r KU, vermont Ave > Figueroa St iv Broadway ro Main $t 2 t7 San Pedro Se rn Avalon Blvd NMI 0 CD 0) Central Ave z Compton E:: n na ca N 5 CD Cn 2 M,Q -4 Cm #4 r vi 39 0 0 CI t4 '-" C 9 0 M z M 0 > 4 0 M z r- z r1l M A n M a 10, x rn ;a Z 0 r- S. -Z I 8': M 0 3 (A (1)"0 4 A M z 0 0 In :4 4 !q z A r- 2 0 0 rr, M 03 In *0 Ila M M > ;0 X Cr CM M > z M C45 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 G N U Display Case E 0 0 A; E O O C� 0 0 or 0 U W 0 U w O cupboards c 0 E C7 r 'O ro Wi 03 0 O E~ � 00 X , N U E- O � U U K bb G U C/1 00 r. o �J w Display Case E 0 0 A; E O O C� 0 0 or 0 U W 0 U w O cupboards c 0 E C7 r 'O ro Wi E O O J U E- O � G U �J N s.. Q O a 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 t1 5 a WALNUT AVE. 0 rA ton SYCAMORE AVE. b 0 100 200 400 to SCALE IN FEET 9 MAPLE AVE. 6 OAK AVE. z .w rr LEGEND MATCH LINE) o PALM AVE. ELM AVE. Ln LANDS OF SCE PALM AVE. b 3i big MARIPOSA AVE. I 139' CITY OF EL SEGUNDO --,–�(MATCH LINE) 26'— APPROXIMATE TOWER LOCATION in —I ra nirSood (25- CLEARANCE) 8' WIDE SHELL CAUFOPNIA PIPELINE EXHIBIT A" TOTAL AREA(GROSS) I SOFT. 349,420 13.02 21' 51 uS PINE AVE. 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 -T;.-v.4-:; ,'-z. < SANDERS MAP NO.: 520581, 52082 M.S.: 49-82 NW File Name: 2001RE014231 LANDS OF SCE PALM AVE. i _0 big BEING LICENSED TO I HOLLY AVE. CITY OF EL SEGUNDO --,–�(MATCH LINE) APPROXIMATE TOWER LOCATION in —I ra nirSood (25- CLEARANCE) 8' WIDE SHELL CAUFOPNIA PIPELINE EXHIBIT A" TOTAL AREA(GROSS) I SOFT. 349,420 13.02 ...................... 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 -T;.-v.4-:; ,'-z. < 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 J 1� LiC,Cd, nivse� f �� 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 H Z W H a a W a W u J a G Z W J W m'. y a r E. t1 M w co co _ Ifs H` rJ M � I 1S.I`Zlc -b dI k. � I h M l w M i w 15 SIGfdIIII i w LO V w 0 w Ail 1PM y .Y \,yl: o � o N N V ■❑ 'Ffr. 0 N N co w U) 0 O U W w 61 7 i F N Z Z u' W Q [.li. _ 1 m - W N �" LU W � I w Lu VII JQD 1w a 0. 44 ('J p W F 0 WVW =� N c m M w co co _ Ifs H` rJ M � I 1S.I`Zlc -b dI k. � I h M l w M i w 15 SIGfdIIII i w LO V w 0 w Ail 1PM y .Y \,yl: o � o N N V ■❑ 'Ffr. 0 N N co w U) 0 O U W w 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety\0 Planning - Old \PROJECTS (Planning) \926 - 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety\0 Planning - Old \PROJECTS (Planning) \926 - 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA - 933 \EA- 933.PCsr.doc 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 \ \CH3K03 \Shared Files \Dept \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \926- 950 \EA - 933 \EA- 933.PCsr.doc 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_ � :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 09 3 D ,y y i 3 f k $3 - ic 0 9 3 mm; Rg =fig$ > y 3 ic rn o � a I� - -- - rn ° m r o CA —q :a ov D ic o rn Hs i 8 r� M" N zs Z 1 1 g g�B N gs - -. 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I Uzi 21, m 10 IF, n, z m M Z Q m ;a ;a 0 C) T 0 0 m Z ;o 9 Im WWW SAGARCHI TFCTURIE COM Cl'Z m D mm oD A C r D Ilz 14 _ 12 17 1x.12' r O m N �Dm °SID D r n rC D 1 O Z i 9'.ti 1iJ' I ICI III I� 1 all , D' m o � 9'.ti 1iJ' I ICI III I� 1 all , en N I i i I I i I { Ill N i 1_ ! l i I I� II III II �I J Il I l E %ICi�Nt CD gI I i C b -i fi I J J �1 L C it u� bl n [J l J 13, 7 C L z 86 IN N - 0 es Z .fl g n N WWW.Sr1GPRCHITE CTIIRE COM 8 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 X m n O v m r m c z v 0 0 r A m v m 'v a �o 3 m z 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 1�� 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 ►I a v®r, Jo� 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 L" 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. i�J o � / I �� }} -l� Z Ji cn i F�►� L Ll ........ ... -�_, MAIN ST L- 1-111[ UL 'I � 1 1 O CENTER ST _ �— O O to ono z,1_l� �! D m m EL-41 O C- _.�.J.J I �Z70 °� - C m SEPULVEDA BLVD M o�D ac - - o O oo �C� �r DM Q. - -� r -4 C N J i� >Z — � >I m D � M A m 34 z (� DOUGLAS ST —` I .� AVIATION BLVD i1 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 -2- ib� 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. -3- i6 l 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 1 164 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 -5- .1 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. Nov i #� 0 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 -7- Wry 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 -8- G8 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. -10- 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 -11- 1 rl 1 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, -12- 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 -13- •1 ?� J 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 -14- t t 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 -15- I 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. -16- 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. -17- .t f'7 ♦ 4 1 l I 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; -18- lei' 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. -19- 14 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. -20- ��f.3 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 -21- f � y i � 1 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. -22- •9 !� 18 ,� 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. -23 - A � � i �) 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 -24- ;.8 t 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 -25- , _. 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. -26- 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 -27- j3L 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 -28- 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. -29- .) 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. -30- -J ;> >. .L -1J 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. -31- 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 -32- 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 -33- 19 3 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 -34- 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 -35- 95 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 -36- 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: -37- 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 -38- 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 -39- 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 -40- . 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 -41- 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 -42- 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 -43- 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: -45- 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. -46- 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 -48- 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 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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 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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. A,6-c zo-i s'd C O a) a (L) 7-�, m c 00`A is `0 i0 �.. m fu i0 m m m L r14 . 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O o v a — u d u E -0 p O O 7 O 0 C O O u O T > m a u u O s m vc , au m u a) N :3 n N u j 0 ` o O "O m c m a u C C �, C +' E a r-1 O p C a a) m C} p aJ T .D �' C !=' +� N a tic m C a m U m U O d u a- aJ O C .N a 0 ya,, m ba Y Y N M a1 F+ a+ 3 E T m C c— m m U p L C p a ° L N c c On N -6 u. a c a a) a s -a p c c C c a �_ 7 U> T Lan) 'u o ba m Oo m '� .n T +� u v bD n v a+ a+ .-� c c c c 3 3 u c a v L L U Y C E `O *-' 'U U -p cr) U L T — m a - �n "O � E 0 L O- `l 'B U U U U `1 L •D �' fl- m O a `1 LJ v '0 n ' >, � T� m a L L L � ai C a Of � C a E Y p 'O v "p o c 'p p � -� u m u u u 'p ? c a 0 C- m E a) a a O 2 L T T 9 3 O ±+ a± A-+ �"� U s+ 7 H � O C '6 C a cu "d E U +' u C E E E a m v °3 Y -aa O p m n v 7 7 ,r aa, o m m v c c 3 v o .0 Q a oC v o w m >> 3 V to Y Y .• i do O O H U F V U zo-i s'd 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