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2013 Mar 19 - 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, March 19, 2013 - 5:00 PM 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: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et s{c.) 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) -1- matter 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 2 2 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, March 19, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Eric Jay, Pastor, St. John's Lutheran Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Fuentes PRESENTATIONS a) Commendation — Officer Ken Cheng, Police Officer of the Year b) Commendation — Engineer Dan Engler, Firefighter of the Year ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. _ Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. 1. Warrant Numbers 2591564 - 2591727 on Register No. 11 in the total amount of $715,906.74 and Wire Transfers from 2/14/13 through 2/28/13 in the total amount of $811,036.09. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. n 4 2. Regular City Council Meeting Minutes of March 5, 2013. Recommendation — Approval. 3. Consideration and possible action to waive the formal bidding process pursuant to the El Segundo City Code Section 1 -7 -10 and authorize the Fire Department to piggy -back on a City of San Jose Fire Department RFB 11- 12-40 for the purchase of a replacement aerial ladder truck manufactured by Pierce Manufacturing, Inc. (Fiscal Impact: $1,218,619.00) Recommendation — 1) Pursuant to El Segundo City Code Section 1 -7 -10, waive the formal bidding process and authorize the Fire Department to piggy -back on a City of San Jose Fire Department RFB 11 -12 -40 for the purchase of a replacement aerial ladder truck from Pierce Manufacturing, Inc; 2) Alternatively, discuss and take other action related to this item.) 4. Consideration and possible action to award a Professional Services Agreement to Tetra Tech, Inc. to complete the New Potable Water Reservoir Feasibility Study. Project No. PW 13 -09 (Fiscal Impact: $100,000.00) Recommendation — 1) Authorize the City Manager to execute a standard Public Works Professional Services Agreement in a form as approved by the City Attorney with Tetra Tech, Inc. in the amount of $97,937.00; 2) Alternatively, discuss and take other action related to this item.) 5. Consideration and possible action authorizing staff to waive the bidding process per El Segundo Municipal Code § 1 -7 -10 and authorize the City Manager to enter into a five year equipment lease, including maintenance, with a one dollar buyout from Kyocera Mita America dba Kyocera Document Solutions, Inc. providing new /unused multi - functional devices which will scan, copy, email, print and fax documents. (Fiscal Impact: None) Recommendation — 1) Authorize staff to waive the bidding process per El Segundo Municipal Code § 1 -7 -10, authorize the City Manager to execute a five year agreement with a one dollar buyout in a form approved by the City Attorney to replace multi- function equipment by piggybacking pricing on the Association of Educational Purchasing Agencies' (AEPA) contract number AEPA009.D with Kyocera Mita America dba Kyocera Document Solutions, Inc.; 2) Alternatively, discuss and take other action related to this item. 5 5 6. Consideration and possible action regarding authorization for the Police Department to purchase sixty -two (62) TASER International Model X26P tasers from Pro Force Law Enforcement in an amount not to exceed $70,448.68. TASER International is the sole source manufacturer of this product. These tasers are identified in the Equipment Replacement Fund and were scheduled to be replaced in September 2012. Fiscal Impact: $70,448.68) Recommendation — 1) Approve the purchase of sixty -two (62) new tasers using equipment replacement funds; 2) Pursuant to El Segundo Municipal Code § 1 -7- 10, waive the bidding process and authorize the City Manager, or designee, to execute an agreement in a form approved by the City Attorney with Pro Force Law Enforcement; 3) Alternatively, discuss and take other action related to this item.) 7. Consideration and possible action regarding a request for a new Alcoholic Beverage Control (ABC) License to allow the on -site sale of beer and wine for off -site consumption (Type 20 State of California Alcoholic Beverage Control License) at a new convenience store (7- Eleven, Inc.) at 2161 East El Segundo Boulevard. Applicant: Nichole Smith Fiscal Impact: N /A) _ Recommendation — 1) Receive and file this report without objecting to the issuance of an alcohol license for on -site sale of beer and wine for off -site consumption at a new convenience store at 2161 East El Segundo Boulevard; 2) Alternatively, discuss and take other action related to this item.) F. NEW BUSINESS G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer - 2 Council Member Atkinson - Council Member Fisher - Mayor Pro Tern Fuentes - Mayor Jacobson - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: 3-13-/3 TIME: q O-YY\ NAME: 0 dYY1Al^ 7 Lee enbattyan Citp of Cr begnnbo, California WHEREAS, OfficerKen Chengwas hired to the El Segundo Police Department in 2003. After working in patrol for several years, transferred into the Traffic Division as a motor officer; and WHEREAS, Officer Chengis a "Reconstruction 2" Accident Investigator, the highest level of certification available from the State of California. In this position, Officer Chong has established a reputation as an excellent investigator and his skills are recognized by other departments throughout the South Bay; and over the past year, Officer Cheng has conducted three fatality related accidents investigations for our city, as well as the City of Hermosa Beach and the City of Hawthorne, as well as a serious officer involved collision for the City of Manhattan Beach; and WHEREAS, Officer Chang also created a POST approved Slow Driving Class designated for all department personnel and he was certified as a course instructor. This includes a comprehensive presentation with several pertinent case studies involving the necessity of both safe driving and use of seatbelts. Officer Chong scouted the city and found a location for the Slow Driving Course, he contacted the property owner and obtained permission to use the lot. Officer Chong knows that traffic accidents are one of the leading causes of officer deaths and injuries and the course he developed will help save lives; and WHEREAS, Officer Cheng has taken responsibility for maintaining most of the Traffic Division's equipment including maintain, calibration inspections of all laser speed guns. Officer Chong has also been responsible for maintaining and being proficient with the Total Station collision device. This complex device is utilized to create factual diagrams for accidents and other schematics such as vehicle crush/damage depictions. The training and intelligence necessary to operate such equipment is substantial and Officer Chong excels in its operation. His dedication to outstanding equipment maintenance extends to his police motorcycle which he keeps in pristine condition and is yet another example of his professionalism and pride in his career; and WHEREAS, When the department was undertaking the purchase of a new motorcycle fleet, Officer Cheng,reviewed all of the motorcycle's repair receipts and analyzed the year by year and lifetime repair cost for each motorcycle and the entire fleet. The data obtained from this analysis was instrumental in the department's decision on what brand of motorcycle would replace the current fleet. NOW, THEREFORE, on this 19th day of March, 2013, the Mayor and Members of the City Council of the City of El Segundo, California, hereby commend Ken Chong, Officer ofthe year, for his strong work ethic, exceptional accident investigation abilities and constant desire to improve not only his performance but that of the entire El Segundo Police Department. i F i s Mayor Car(Jacobson Mayor Pro Zem Suzanne Fuentes Council 9Vember Biff Fishier Council Afember Dave Atfbinson Council Wember Marie Feffhauer 0 enbattanQCitp of el begunbo, California WHREAS, Engineer Dan Engler was hired to the El Segundo Fire Department in 2006 and promoted to Fire Engineer; and WMREAS, EngineerEnglerpossesses many positive qualities that make him a valuable member the department. He is a competent and dedicated public servant; WHEREAS, Engineer Engler has routinely been active in Department's operations above and beyond his routine duties as a Fire Engineer while also finding the time to serve as a pert -time instructor of Firefighter trainees at the E1 Comino Fire Academy; and AREAS, More recently, EngineerEnglerhas been integral in the research and specification development for the proposed new ladder truck. Dan is also known for his professionalism; work ethic and communication skills. NOW, THEREFORE, on this 19' day of March, 2013, the Mayor and Members of the City Council of the City of El Segundo, California, hereby commend Engineer Dan Engler, Fire£ghter of the Year, for his many positive contributions to the El Segundo Fire Department. Ce�^C Y Qrt+ F G k3 Wayor Cadjacobson WayorTro Tem Suzanne Fuentes Counci(WemberBiffFisher Council JYMember (Dave,&kinson Counci[Wember Marie Felfhauer z O I=L ❑ } zm O ocq J W Q J O W LL }O H F z ¢ U ¢ ¢ W a LL O to Q o Z w W LL LL 0 = Q O w > z U w F IZ W W x 00 � } z o W Or m m 0 0 ¢ Z z a z ¢ O z Y_ 0 VN N N N • • ' N r N cV 6• L N (n r Ol O O Of N m N N o r i0 m0 m [m0 Lfi ¢ U 0 Q OLL O¢ U ¢ fn (n ¢ N¢ N F¢ iL W W❑ O o Q W O< LL¢¢¢ Q O W¢ y N O¢ Q O Y p C7 F Cn¢¢Uaa<xxF�LLU (A ¢ O O W X Xd ¢U?1�33c� w❑ 3¢ w W O ¢ « 3 C O O C T C rn O m E C o Z w W LL LL 0 = Q O w > z U w F IZ W W x 00 � } z o W Z Z > z w z o o ¢ Z z a z ¢ O z Y_ U F W O O F O Z (.7 O Q W¢ LL m F F a U -, W Z O O J O Z W W U Q Q O m W ¢ Z❑ o U W Q LL LL Q LLO x ¢ 000 w F Hm LL U J a d W U] ¢ (n W w=) z Z ¢¢ ¢,ai(o, w w w 0 0 7 E Z N 2❑ w Z Y LL LL 2 Z¢¢ U ❑ F}- zw'�¢w ¢¢?oF =" p O w¢ ooH-cr <r¢cnm cc) ww¢ LL F o LL cc F w LL ¢ (n W Q >> w m F¢ m z? y w m m ai ¢ U 0 Q OLL O¢ U ¢ fn (n ¢ N¢ N F¢ iL W W❑ O o Q W O< LL¢¢¢ Q O W¢ y N O¢ Q O Y p C7 F Cn¢¢Uaa<xxF�LLU (A ¢ O O W X Xd ¢U?1�33c� w❑ 3¢ w W O r n R �O m Of N (G 1� O N N N P) N (•J N ('J GD 0 0 0 0 0 V N � N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 N N rn N F 2 W 2 z (7 J as O Z W 7 D Y U W 2 V O O 9 N f` fA c m U N � o N m U Z m co Y m a n � N m m m N o � � E O ELm N 2 c � ¢ � m m O a c @ O m n ¢ ❑ Q m C m DI ¢ « 3 C O O C T C rn O m E C N m O m a c C o m c c m O m 0 C m U N r d Y O m m E � L U U � O ❑ U mt.. m C W O m L_ L O U m p m m z Q ¢ Q E N W N ° m o� O U y m U y Q U LL O _o U o 0 F Z Q W m m c m (n UU � LL UU Q LL 4 W 1 a � m ui Y U y c c @ C V m N T X C m m m U m T U O .J O Vl � m o a E c m N N (mj ti C C N d @ U U T � m EN as « E v E c -M E o m 5 o E oc L m O m 2J� m m c m m ^ m wn - °mt @ O @ T N 3 a o E m d w W E o c' nm� E lj o a E c E° c 43 O c r CL U m a y 2 U W 17 II U z f II Z Q ¢ m 2 IL D 10 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 2/14/13 THROUGH 2/28/13 Date Payee Amount Description 2/14/2013 Nationwide NRS EFT 2,150.72 EFT 401a payment 2/14/2013 Nationwide NRS EFT 43,586.40 EFT 457 payment 2/15/2013 Manufacturers & Traders 617.31 IRA payment Vantagepoint 2/15/2013 Manufacturers & Traders 5,119.44 401 payment Vantagepoint 2/15/2013 Manufacturers & Traders 33,128.89 457 payment Vantagepoint 2/15/2013 South Bay Credit Union 15,270.38 Payroll credit union deduction pmt 2/15/2013 US Bank - Trust Acct 6,805.70 PARS payment 2/19/2013 Health Comp 4,651.86 Weekly claims 2/20/2013 Cal Pers 99,380.04 EFT Retirement Misc 2/20/2013 Cal Pers ' 231,326.49 EFT Retirement Safety 2/20/2013 Cal Pers 386.09 EFT Retirement Adjustment 2/20/2013 Lane Donovan Golf Ptr - 22,974.56 Payroll Transfer 2/22/2013 Unum - 274.20 LTD 2/27/2013 Health Comp - 3,515.56 Weekly claims 2/28/2013 Employment Development 3,598.21 State Taxes 2/28/2013 Employment Development 45,952.78 State Taxes 2/28/2013 IRS 223,619.88 Federal Taxes 2/28/2013 State of CA EFT 3,971.54 EFT Child support payment 2/14- 2/28/13 Workers Comp Activity 64.706.04 SCRMA checks issued 811,036.09 DATE OF RATIFICATION: 03/19/13 TOTAL PAYMENTS BY WIRE: 811,036.09 Certified as to the accuracy of the wire transfers by: City Treasurer Date 311115 Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 11 P:\CityTreasurer\Wire Transfers\2013 \1st Qtr2013 \Wire Transfers 2 -28 -13 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, March 5, 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 5:00 PM ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - Present Council Member Atkinson - Present Council Member Fellhauer - 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. Mayor Jacobson announced that Council would be meeting in closed session pursuant of the items listed on the agenda. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -1- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 1 12 Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Recessed at 6:50 PM MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 2 13 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, March 5, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 7:02 PM INVOCATION — Scott Lambert, Associate Minister, Hilltop Church of Christ PLEDGE OF ALLEGIANCE — Council Member Fisher PRESENTATIONS a) Proclamation presented by Council Member Marie Fellhauer regarding Earth Hour; Saturday, March 23, 2013 from 8:30 PM — 9:30 PM. b) Proclamation presented by Council Member Dave Atkinson regarding Arbor Day; Saturday, March 9, 2013. Samantha Cano, Youth Director of Tree Musketeers received the Proclamation. ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - Present Council Member Atkinson - Present Council Member Fellhauer - 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. Walter Rosenkranz from cars2go spoke on behalf the company. Thanked the council for considering the proposal from cars2go. Wally Siembab, Special Projects Manager for the SBCCOG spoke on behalf of cars2go. 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 MARCH 5, 2013 PAGE NO. 3 14 MOTION by Council Member Fellhauer, SECONDED by Council Member Fisher to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS Consideration and possible action to amend El Segundo Municipal Code ( "ESMC ") Title 8 ( "Vehicles and Traffic "), Chapter 5, to exempt Council approved carsharing programs from specified parking time limits and approve a resolution and agreement, subject to approval by the City Attorney's office, that provides for 14car2go" to operate a carsharing program in the City and receive parking permits pursuant to the proposed amendment to ESMC Title 8 if adopted by the Council. (Fiscal Impact: None) Mark Hensley, City Attorney, gave a report. Council discussion. Walter Rosenkranz from cars2go answered Council's questions. Wally Siembab of the SBCOG answered Council's questions. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1478 AN ORDINANCE ADDING A NEW ARTICLE F TO CHAPTER8 -5 OF THE EL SEGUNDO MUNICIPAL CODE TO REGULATE CAR SHARING PROGRAMS. Mayor Pro Tern Fuentes introduced Ordinance. No. 1478. Bring back to Council for second reading on April 2, 2013. Resolution and Ordinance will be brought back to the April 2, 2013 Council Meeting. 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 4 15 2. Approved Warrant Numbers 2591342 to 2591563 on Register No. 10 in the total amount of $1,160,161.59 and Wire Transfers from 1/31/13 through 2/14/13 in the total amount of $3,103,741.57. 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. 3. Approved Regular City Council Meeting Minutes of February 19, 2013. 4. Second reading by title only and adopted Ordinance No. 1477 regarding Employment Exclusions from Civil Service and authorized Staff to initiate recruitment efforts for the Residential Sound Insulation Design Coordinator. (Fiscal Impact: N /A) 5. Authorized the First Amendment to Agreement No. 4347 to modify insurance requirements from $10,000,000.00 to $5,000,000.00 in a form approved by the City Attorney with El Segundo Unified School District of Los Angeles County (Fiscal Impact: None) 6. Authorized the City Clerk to file the City's Planning and Building Safety Director's Notice of Completion in the County Recorder's Office and authorized the City Manager, or designee, to close out Project No. RSI 12 -03 (the City's Residential Sound Insulation Program's Group 44) (Fiscal Impact: Final Contract Amount: $1,491,640.87) 7. Authorized the City Manager to execute standard Public Works Contract No. 4397 in a form approved by the City Attorney with O'Duffy Bros., Inc, in the amount of $94,935.00 for the construction of Mariposa Avenue Storm Drain System Project. (Fiscal Impact: $120,000.00) 8. PULLED FOR DISCUSSION BY MAYOR JACOBSON MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to approve Consent Agenda items 1, 2, 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEM 8. Consideration and possible action to 1) approve donation of materials and labor from Henry Doby to improve and enhance the grounds and fixtures at Camp Eucalyptus for his Boy Scout Eagle Project; 2) adopt a resolution to approve the plans for the project; 3) authorize the City Manger to execute a contract with Henry Doby's parent or guardian in a form approved by the City Attorney. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 5 16 MOTION by Mayor Jacobson, SECONDED by Mayor Pro Tern Fuentes to accept donation of materials and labor from Henry Doby, adopt Resolution No. 4812 approving plans to enhance the grounds and fixtures at Camp Eucalyptus for this Boy Scout Eagle Project and authorize the City Manager to execute Contract No. 4398 with Henry Doby's parent or guardian in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 NEW BUSINESS 9. Consideration and possible action to adopt a resolution establishing insurance requirements for City contracts and delegating authority for insurance determination to the City Manager, or designee. (Fiscal Impact: None) Deborah Cullen, Finance Director, gave a report. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Atkinson to adopt Resolution No. 4813 establishing insurance requirements for City contracts and delegating authority for insurance determinations to the City Manager, or designee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY MANAGER — Thanked the Finance department and the City Attorney for their work on the insurance Matirx. REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer —Arbor Day is Saturday, March 9, 2013. Council Member Atkinson — Attended ribbon cutting for Life Style Cafe on Main Street. Council Member Fisher — Attended the Downtown meeting and encouraged the members to let the Council know what is needed for the downtown businesses. Mayor Pro Tern Fuentes — Attended the SBCCOG and attended Opening Day for Little League. Mentioned the Challenger team is part of Little League. Mayor Jacobson — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 6 17 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. NONE MEMORIALS — NONE Returned to Close Session at 7:59 PM. ADJOURNMENT at 8:40 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 5, 2013 PAGE NO. 7 18 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda Consideration and possible action to waive the formal bidding process pursuant to the El Segundo City Code Section 1 -7 -10 and authorize the Fire Department to piggy -back on a City of San Jose Fire Department RF13 11 -12 -40 for the purchase of a replacement aerial ladder truck manufactured by Pierce Manufacturing Inc. (Fiscal Impact: $1,218,619) RECOMMENDED COUNCIL ACTION: 1) Pursuant to El Segundo City Code Section 1 -7 -10, waive the formal bidding process and authorize the Fire Department to piggy -back on a City of San Jose Fire Department RFB 11 -12 -40 for the purchase of a replacement aerial ladder truck from Pierce Manufacturing Inc; 2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1) Proposal from Pierce Manufacturing Inc. 2) 100% Pre - Payment Option FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,218,619 Additional Appropriation: No Account Number(s): 601 - 400 - 3202 -8105 Unit 3332 - $640,665 Unit 3348 - $244,739 Unit 3347 - $333,215 ORIGINATED BY: Kevin S. Smith, Fire Chief 0 REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The El Segundo Fire Department currently possesses one aerial ladder truck. The existing truck is 19 years old and has been extremely unreliable over the last six (6) years or more. Additionally, the City has spent in excess of $200,000 on repairs and maintenance on the truck during this same period. Traditionally the targeted life expectancy for heavy fire apparatus has been 20 years. Staff recommends that the existing truck be replaced. The proposed replacement of the ladder truck was discussed as part of the Strategic Planning process last year. As a result of this discussion the City Council directed staff to move forward with the development of specifications for a new ladder truck. Staff recommends that the City purchase a 105' heavy duty tiller type aerial ladder truck from Pierce Manufacturing Inc. Pierce is the leading manufacturer of custom fire apparatus in the nation. The El Segundo Fire Department has purchased Pierce fire apparatus exclusively since 1985. Pierce has been the manufacturer of choice of the Fire Department and the Equipment Maintenance Division due to the quality of their fire apparatus as well as providing for consistency for vehicle operation, maintenance, and 319 repair. Pierce Manufacturing Inc. offers two (2) payment options to the City which include a 100% pre - payment option or a full payment at time of delivery option. Staff recommends the 100% pre - payment option as it would result in a cost savings of $43,075.71 from the total purchase price. The manufacturer has indicated that construction of the proposed ladder truck will take approximately 10 months. 20 PROPOSAL FOR FURNISHING FIRE APPARATUS ,January 8, 2013 El Segundo, City of ��►► 314 Main St. El Segundo CA 90245 PERFORM. LIKE NO OTHER7 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manfacturing, Inc., at its corporate office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION: Payment options are available and are included under separate cover. One of these options may save your department a significant amount of money! Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 240 -270 CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Appleton, Wisconsin, and to be delivered to you at El Se ]undo CA The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National t=ire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications. Any increased costs incurred by the 'First party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 clays from date, the right is reserved 'to withdraw this proposition. Respectfully Submitted, P a.rce anu acturing Inc. r evin Newell Sales Representative 21 Each Extension One ( 1 ) Pierce 105' Heavy Duty Tiller mounted on a Arrow XT Custom chassis for a delivered cost of $ 1,114,655.03 $ 1,114,655.03 Performance Bond $ 3,343.97 $ 3,343.97 APPARATUS COST $ 1,117,999.00 $ 1,117,999.00 Sales Tax @ 9.000% $ 100,619.91 $ 100,619.91 TOTAL PURCHASE PRICE $ 1,218,618.90 $ 1,218,618.90 PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION: Payment options are available and are included under separate cover. One of these options may save your department a significant amount of money! Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 240 -270 CALENDAR DAYS after receipt of this order and the acceptance thereof at our office in Appleton, Wisconsin, and to be delivered to you at El Se ]undo CA The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National t=ire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications. Any increased costs incurred by the 'First party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 clays from date, the right is reserved 'to withdraw this proposition. Respectfully Submitted, P a.rce anu acturing Inc. r evin Newell Sales Representative 21 El Segundo, City of 100% Pre - Payment Option January 8, 2013 If a 100% pre - payment were made at contract signing, the following discount would be applied to the final invoice: Pierce 105' Heavy Duty Tiller mounted on a Arrow XT Custom chassis for a delivered cost of 1 100% PRE- PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: 1 a) If your department makes a 10+0% cash pre - payment at contract signing. Discount for the 100% pre- payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. Any item added after this option is elected will come at additional cost and will be added to the final invoice. 22 $ 1,114,655.03 EACH Performance Bond $ 3,343.97 EACH 100% Prepayment Discount $ (39,519.00) EACH APPARATUS COST $ 1,078,480.00 EACH State_ Sales_ Tax @ 9.000% $ 97,063.20 EACH TOTAL PURCHASE PRICE $ 1,175,543.19 EACH Less 100% pre - payment at Contract Signing $ 1,175,543.19 EACH BALANCE DUE AT DELIVERY $0.00 EACH 1 100% PRE- PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: 1 a) If your department makes a 10+0% cash pre - payment at contract signing. Discount for the 100% pre- payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. Any item added after this option is elected will come at additional cost and will be added to the final invoice. 22 EL SEGUNDO CITY COUNCIL MEETING DATE: March 19, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a Professional Services Agreement to Tetra Tech, Inc. to complete the New Potable Water Reservoir Feasibility Study. Project No. PW 13 -09 (Fiscal Impact: $100,000.00) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a standard Public Works Professional Services Agreement in a form as approved by the City Attorney with Tetra Tech, Inc. in the amount of $97,937.00 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Additional Appropriation Needed Amount Budgeted: $0 Additional Appropriation: Yes $100,000.00 Account Number(s): 501- 400 - 7102 -6206 (Water Enterprise Fund: Consultant Services) ORIGINATED BY: Floriza Rivera, Principal Engineer" REVIEWED BY: Stephanie Katsouleas, Public Works Direct APPROVED BY: Greg Carpenter, City Manager, p BACKGROUND AND DISCUSSION: The City's Water Department provides potable water to approximately 5,000 customers who collectively use approximately 8.6 million gallons of water per day. Combined, the City's two existing reservoirs and one elevated tank store just over 9 million gallons. Therefore, the City effectively has a potable water storage capacity equal to one day's use, which is well below the recommended capacity of 1.5 to 2.0 times daily demand. For emergency planning purposes, staff considered investigation of possible additional storage a high priority and recommended to Capital Improvement Program Advisory Committee ( CIPAC) that a preliminary investigation begin on where additional water storage could be located within the City. Based on CIPAC rating criteria, the project scored well and was approved by the committee. On September 7, 2010, CIPAC recommended to City Council an allocation of $100,000 from the Water Enterprise Fund to identify up to three locations where a new potable water reservoir could be constructed, along with an assessment of the benefits and constraints of each proposed location. 0 23 This study represents the first step toward determining whether and where additional potable water storage capacity could be located to more adequately prepare for an emergency or natural disaster. Recommendations for siting for a new reservoir will heavily depend on its results and recommendations. On January 7, 2013, staff released a Request for Proposal for the New Potable Water Reservoir Feasibility Study, and on January 31, 2013 received four proposals from qualified firms. Key staff members reviewed each of the four proposals and evaluated them in terms of project scope and understanding, proposed methodology to carry out the scope, and overall cost. Two consultant firms were invited to make oral presentations to staff regarding their proposals and answer questions from staff. Tetra Tech, Inc. has shown the most comprehensive understanding of the City's needs and the project scope, and has recently and successfully completed very similar studies for other municipalities. Staff recommends that City Council award $97,937 to Tetra Tech, Inc. to complete the scope of work. and approve an allocation of $2,063.00 for contingencies. Staff also recommends that City Council appropriate $100,000 from the Water Enterprise Fund for these project expenses. 24 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 19, 2013 AGENDA HEADING: Consent Agenda Consideration and possible action authorizing staff to waive the bidding process per El Segundo Municipal Code § 1 -7 -10 and authorize the City Manager to enter into a five year equipment lease, including maintenance, with a one dollar buyout from Kyocera Mita America dba Kyocera Document Solutions, Inc. providing new /unused multi - functional devices which will scan, copy, email, print and fax documents. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Authorize staff to waive the bidding process per El Segundo Municipal Code § 1 -7 -10, authorize the City Manager to execute a five year agreement with a one dollar buyout in a form approved by the City Attorney to replace multi - function equipment by piggybacking pricing on the Association of Educational Purchasing Agencies' (AEPA) contract number AEPA009.D with Kyocera Mita America dba. Kyocera Document Solutions, Inc.. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Vendor Cost Comparison Breakdown by Department FISCAL IMPACT: None, Estimated Savings - $32,000 Annually Amount Budgeted: $120,000 Additional Appropriation: N/A Account Number(s): Citywide existing departmental budgets (General Fund, Residential Sound Insulation, Water and Wastewater Funds for copiers, printers, print charges, and operating supplies.) PREPARED BY: Larry Klingaman, Information stems Managed REVIEWED BY: Mitch Tavera, Chief of Police APPROVED BY: Greg Carpenter, City ManagerEr BACKGROUND & DISCUSSION: During the City Council Meeting on December 18, 2007, Council at that time approved a five -year lease with Xerox for multi - function devices. In June of 2012, Xerox offered staff a renewal of the existing lease equipment for essentially the same price that was negotiated five years earlier. In an effort to find the most cost effective and reliable solution for the city, staff explored other vendors for multi - function devices. Staff met with Xerox, Kyocera, and Ricoh in July of 2012. Each company was provided a tour of all existing leased Xerox brand multi - function devices throughout the City. Based on the tour, each company was asked to provide a five -year Fair Market Value lease proposal with like for like equipment, accessories, maintenance, and constunables with the exception of paper and staples. `i"0i 25 Staff reviewed each of the proposals and determined the following items that set Kyocera Mita, America apart from their two competitors: • Lowest total cost of ownership — Monthly charge and Click charge. • Drum warm -up time — Saves energy and quicker 15t print (Ceramic drum). • Standardization of consumables across product line — One set of toners. • Environmentally friendly — Used consumables can be placed in standard recycle bins. • Efficient supplies management — Kyocera devices forecast consumables usage and will pre - order for staff. With price being a primary consideration, staff analyzed the submittals of each vendor and determined Kyocera had the lowest total cost of ownership. Staff compared equipment lease charges and calculated future click usage amounts based upon actual usage from the prior fiscal year. In fiscal year 11/12 the city spent $86,000 for equipment and $25,000 for service and consumables totaling $111,000. Equipment Usage Total Yearly Total Kyocera $3,881.37 $2,467.63 $6,349.00 $ 76,188.00 Ricoh $4,611.53 $2,622.33 $7,233.86 $ 86,806.32 Xerox $4,284.07 $4,073.78 $8,357.85 $100,294.20 Staff contacted similar agencies with existing Kyocera deployments to obtain feedback on devices and the level of customer service provided. After receiving consensus of positive feedback, staff moved forward with Kyocera and invited their representatives to sit with each department stakeholder for our configuration meetings. During these meetings, Kyocera worked with staff and determined the best fit for our current and future needs for each Department. The result of these meetings is summarized below. Equipment Usage Total Yearly Total Kyocera $4,154.00 $2,467.63 $6,621.63 $77,459.56 Kyocera proposed a five -year lease for like or better equipment with a savings of $32,000 per year. In addition to the savings, staff negotiated a one dollar buy -out option on the lease that was not offered on the prior lease. This gives staff the option in five years to either keep the equipment at a cost of one dollar per machine, or dispose at surplus for current market value. Staff recommends that Council authorize the City Manager to execute a five year agreement with the one dollar buyout option in a form approved by the City Attorney. 26 $ 3,881.37 Rent BW Clicks 0.007 97,809 $ 684.66 Color Clicks 0.0455 39,186 $ 1,782.96 $ 2,467.63 Usage $ 6,349.00 Total Kyocera Model Charge Quantity Price FS -3640 $ 46.74 3 $ 140.22 3550ci $ 165.57 10 $ 1,655.70 4550ci $ 190.67 6 $ 1,144.02 6550ci $ 313.81 3 $ 941.43 $ 3,881.37 Rent BW Clicks 0.007 97,809 $ 684.66 Color Clicks 0.0455 39,186 $ 1,782.96 $ 2,467.63 Usage $ 6,349.00 Total $ 4,611.53 Rent BW Clicks 0.0075 97,809 $ 733.57 Color Clicks 0.0482 39,186 $ 1,888.77 $ 2,622.33 Usage $ 7,233.86 Total Ricoh Model Charge Quantity Price SP- 5210SF $ 49.54 3 $ 148.62 MPC -3002 $ 171.59 10 $ 1,715.90 MPC -4502 $ 274.97 6 $ 1,649.82 MPC -6501 $ 365.73 3 $ 1,097.19 $ 4,611.53 Rent BW Clicks 0.0075 97,809 $ 733.57 Color Clicks 0.0482 39,186 $ 1,888.77 $ 2,622.33 Usage $ 7,233.86 Total $ 4,284.07 Rent BW Clicks 0.01 97,809 $ 978.09 Color Clicks 0.079 39,186 $ 3,095.69 $ 4,073.78 Usage $ 8,357.85 Total Kyocera $ 6,349.00 Ricoh $ 7,233.86 Xerox $ 8,357.85 27 Xerox Model Charge Quantity Price W4150 $ 82.61 3 $ 247.83 W7525P $ 197.47 10 $ 1,974.70 W7545P $ 226.59 6 $ 1,359.54 W7556P $ 234.00 3 $ 702.00 $ 4,284.07 Rent BW Clicks 0.01 97,809 $ 978.09 Color Clicks 0.079 39,186 $ 3,095.69 $ 4,073.78 Usage $ 8,357.85 Total Kyocera $ 6,349.00 Ricoh $ 7,233.86 Xerox $ 8,357.85 27 1 I_ 11t • 1 m f e ��; �tRl. 3rlieisa .}i+� +f�il�''a�ta�.3: {+13' � i�.t' Lr:i.. City Manager 2,460 6550 $ 259 $ 3,108 $ 15,540 Citv Manager Total $ 9,840 Jail S 259 S 3.108 S 15.540 Finance Accounting Services 4550 $ 202 $ 2,424 $ 12,120 Finance Administration 4550 $ 202 $ 2,424 $ 12,120 Finance Business License 3550 $ 183 $ 2,196 $ 10,980 Finance HR 3550 $ 169 $ 2,028 $ 10,140 Finance Reception 3550 $ 169 $ 2,028 $ 10,140 Finance Total d9 AAR R 2dQ 2d0 S 925 S 11.100 S 55.500 Fire Station 1 4550 $ 205 $ 2,460 $ 12,300 Fire Station 2 3640 $ 44 $ 528 $ 2,640 Fire Total S 249 S 2.988 S 14.940 Information Systems 4550 $ 202 $ 2,424 $ 12,120 Information Svstems Total S 202 S 2.424 S 12.120 Library 3550 $ 190 $ 2,280 $ 11,400 Library 3550 $ 190 $ 2,280 $ 11.400 Library Total $ 380 S 4.560 S 22.800 Parks & Rec Checkout 4550 $ 205 $ 2,460 $ 12,300 Parks & Rec Clubhouse 4550 $ 205 $ 2,460 $ 12,300 Parks & Rec Joslyn 4550 $ 205 $ 2,460 $ 12,300 Parks & Rec Total S 615 S 7.380 S 36.900 PBS Planning 6550 $ 271 $ 3,252 $ 16,260 PBS Planning 3640 $ 48 $ 576 $ 2,880 PBS RSI 3550 $ 169 $ 2,028 $ 10,140 PBS Total S 488 S 5.856 $ 29.280 Pol Ice Police Police Police PollcA Total Public Works Public Works Public Works Total Eauipment Total 8W Clicks Color Clicks Usaae Total Grand Total Enuinment Usaae Total Total Savinas Dispatch 4550 $ 205 $ 2,460 $ 12,300 Investigations 3550 $ 164 $ 1,968 $ 9,840 Jail 3640 $ 44 $ 528 $ 2,640 Records 7550 $ 310 $ 3,720 $ 18,600 S 723 S 8.676 $ 43.380 Facilities 3550 $ 149 $ 1,788 S 8,940 Water 3550 $ 164 $ 1,968 $ 9,840 S 313 S 3.756 S 18.780 A d 15d A d9 AAR R 2dQ 2d0 0.007 97,809 $ 684.66 $ 8,215.96 $ 41,079.78 0.0455 39,186 $ 1,782.96 $ 21,395.56 $ 106,977.78 111,12 '21 _R3 A 7Q d5Q_51 3Q7 2Q7 M- 7 161 fQ $ 85- g64 -95 9 195 40 s i5.5 n4.81 $ 9,239.09 $ 111,469.06 $ 2.667.46 $ 32.009.55 $ 160.047.74 28 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 19, 2013 AGENDA HEADING: Consent Agenda Consideration and possible action regarding authorization for the Police Department to purchase sixty -two (62) TASER International Model X26P tasers from Pro Force Law Enforcement in an amount not to exceed $70,448.68. TASER International is the sole source manufacturer of this product. These tasers are identified in the Equipment Replacement Fund and were scheduled to be replaced in September 2012. (Fiscal Impact: $70,448.68) RECOMMENDED COUNCIL ACTION: 1. Approve the purchase of sixty -two (62) new tasers using equipment replacement ,funds. 2. Pursuant to El Segundo Municipal Code § 1 -7 -10, waive the bidding process and authorize the City Manager, or designee, to execute an agreement in a form approved by the City Attorney with Pro Force Law Enforcement. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Pro Force Law Enforcement quote FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $67,663.00 Additional Appropriation: $2,785.68 (Equipment Replacement) Account Number(s): 601 - 400 - 3101 -8104 (Equipment Replacement) ORIGINATED BY: Bob Turnbull, Captain 03GI REVIEWED BY: Mitch Tavera, Chief of Police APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: On September 19, 2006, the City Council approved the 2006/2007 budget which included a Capital Outlay Request to purchase 60 TASER International Model X26 Electronic Control Devices. Since the purchase and deployment of the X26 tasers in the field as a force option, violent encounters with combative suspects have been greatly reduced. However, these tasers have reached their service life due to daily wear and tear and are in need of replacement. There have been significant advances in technology with the new generation X26P taser. This new device possesses all digital architecture with a Silicon Controlled Rectifier (SCR) that adjusts and measures the electrical output twenty -times per second during each deployment. The L 29 X26P has extended battery life capable of 300 more firings than the original X26. The X26P provides an audible alert after the taser has been fired and active beyond 3 seconds. The device also has an automatic shut off after 5 seconds if the taser trigger has accidentally been held longer than 5 seconds. The X26P has an advanced Universal Smart Platform with downloadable Trilogy logs, which include an Event, Engineering and Pulse logs. The Event log records every user action such as safety activation, trigger event duration with times, dates and battery life. The Engineering logs provide output data, self -test and calibration data forensics. The Pulse log provides a pulse by pulse record of charge output report that can be maintained for training and court purposes. Other features include lightweight high impact polymer construction, compact size, water resistant, internet updatable software, mounted flashlight and ambidextrous safety switch. The X26P utilizes existing cartridges already owned by the department and its comparable design to the older platform reduces training and holster costs. The justification to utilize Pro Force Law Enforcement as a sole source vendor is based on the fact Pro Force Law Enforcement is the singular authorized distributor of the taser Model X26P within California. Further, Pro Force Law Enforcement is offering a trade -in credit of $9,300.00 for returning sixty -two (62) used tasers ($150.00 each). Staff recommends the City Council waive the bidding requirements and authorize a purchase from Pro Force Law Enforcement in an amount not to exceed $70,448.68 for the purchase of sixty -two (62) TASER International Model X26P tasers and holsters. The new tasers should be placed into the City's equipment replacement program with a five -year replacement span. 30 Corporate: 3009 N. Highway 89. Prescott, AZ 86301 Store: 655 Berry Street. Suite H Brea, CA 92821 Tel: (800) 367 -5855 Fax: (928) 445 -3468 Date: March 11, 2013 Dept: El Segundo Police Department (El Segundo, CA) Attn: Captain Bob Turnbull Email: rturnbull@elsegundo.org o rORCC LAW ENFORCEMENT ITEM # QTY PRODUCT DESCRIPTION EXTENDED 62 Taser X26P — Class II, Yellow Handle @ $848.40 ea PRICE r 11003 $52,600.80 Taser X26P — Automatic Shut -Down Power Magazine 22011 62 @ $61.95 ea $3,840.90 11501 12 Taser X26P — Blackhawk Holster, Right Handed @ $49.95 ea $599.40 11504 5 Taser X26P — Blackhawk Holster, Left Handed @ $49.95 ea $249.75 Taser X26P -4 year Extended Warranty @ $269.99 ea 11004 62 $16,739.38 (not Taxed) Taser X26P Dataport Download Kits @ $159.95 ea 22013 2 $319.90 ECD- TRADE- X2 SEE ORDERING INSTRUCTIONS BELOW SHIPPING /HANDLING Plus Applicable CA Sales Tax @ 9.00% 62 Trade In Credit for Upgrading to X26P @ $150.00 ea (expires 3131113) Total: $195.95 $5,202.60 - $9,300.00 - -_I $70,448.68 We sincerely appreciate your law enforcement business and look forward to serving you in the future! Respectfully, ProForce Law Enforcement Kari Martin Law Enforcement Specialist IMPORTANT: This quotation is based on department purchase order, payment by check, and stated quantities. Ordering instructions: Please fax a copy of the department purchase order to (928) 445 -3468 Standard terms are Net 30 days. If department policy does not allow for partial shipments and payments, separate purchase orders will be necessary. 31 Standard manufacturer's warranty applies to all department purchases unless otherwise specifically noted. This quote is valid for 45 days from date of issue, and is subject to manufacturer's availability and price change. Please call (800) 367 -5855 if this bid is still pending at expiration of quote. Trade In Credit Offer Expires 3/31/13 Please Note: 20% restocking charge on stocked items, all special order sales are final. Please call us for a return authorization number. 32 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: March 19, 2013 AGENDA HEADING: Consent Agenda Consideration and possible action regarding a request for a new Alcoholic Beverage Control (ABC) License to allow the on -site sale of beer and wine for off -site consumption (Type 20 State of California Alcoholic Beverage Control License) at a new convenience store (7- Eleven, Inc.) at 2161 East El Segundo Boulevard. Applicant: Nichole Smith (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file this report without objecting to the issuance of an alcohol license for on -site sale of beer and wine for off -site consumption at a new convenience store at 2161 East El Segundo Boulevard; 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 February 14, 2013 4. Revised Administrative Use Permit Letter, dated February 4, 2013 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: Sam Lee, Planning and Buildin afety Director APPROVED BY: Greg Carpenter, City Manager 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 prepared by the Police 7 33 Department, the proposed convenience store is located in Reporting District (RD) 312. Based on the July — December 2012 reported data prepared by the Police Department, the district had a total of 2 Part I crimes (criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft and arson) and no felony and misdemeanor arrests. 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 ABC issuing a Type 20 alcohol license for the convenience store. The license request would allow the sale of beer and wine in conjunction with the operations of a convenience store. A request for a new license is required since no previous alcohol license existed at the proposed location. The proposed convenience store is currently under construction and is approximately 2,800 square feet in area. Approximately 30 square feet of refrigeration and open shelving space is proposed for alcohol sales. The proposed hours of operation for 7- Eleven, Inc. are 24 hours a day and the sale of alcohol will be from 6 AM to 1 AM daily. The project site is located in the Urban Mixed -Use North (MU -N) Zone and requires the approval of an AUP to sell alcohol in accordance with ESMC § 15- 5E -4(B). There are currently two existing 7- Eleven stores licensed for the sale of beer and wine for off -site consumption within the City of El Segundo. In 2011, the 7- Eleven store located at 603 North Sepulveda Boulevard was approved to sell beer and wine from 6 AM to 12 AM daily. The store operates 24 hours a day. The 7- Eleven store located at 100 West Imperial Avenue has no restriction to the hours for the sale of beer and wine and has been operating 24 hours a day since 1988. Currently six (6) active ABC licenses exist within the boundary of census Tract No. 9800.13 where 2161 East El Segundo Boulevard is located. These include: New York Foods, Leonard's Liquor, Ralph's Grocery Store, Whole Foods Market, Cost Plus World Market, and Hyatt Summerfield Suites (Hotel). The California Department of Alcoholic Beverage Control (ABC) limits the number of license outlets authorized in one census tract based on the population count within the boundary of the census tract. Currently, one (1) Off -sale beer and wine outlet is allowed for every 2,500 residents. Census Tract No. 9800.13 contains a population of only 59 persons. Therefore, the Department of Alcoholic Beverage Control would not allow the issuance of a license pursuant to this rule. Issuing this license for off -site consumption of alcohol within this specific census tract would be the seventh license and is considered an over concentration in license outlets by the Department of ABC. However, the California Department of ABC allows additional off -sale beer and wine licenses that exceed the limit for a specific census tract through the transfer of an alcohol license between census tracts, from one city to another city within the same county, or between counties located in California. Additionally, ABC allows license outlets if the location is not high in crime and if the local governing body demonstrates that it would serve a "public convenience or necessity" for the proposed license location and make findings to that effect. Allowing alcohol sales at 2161 East El Segundo Boulevard would serve a "public convenience or necessity" as there are a limited number of convenience stores within the City. The convenience store would serve the City's 17,000 residents, as well as a day time work force population of nearly 70,000 people. The business operation will not create a law enforcement problem in consideration of the conditions of approval under which the convenience store must operate and the business is not in a high crime area. 34 On February 4, 2013, the Director of Planning and Building Safety approved an Administrative Use Permit application (EA -996, AUP 12 -04) for 2161 East El Segundo Boulevard. The Director's decision was forwarded to the Commission on February 14, 2013. On February 14, 2013, the Planning Commission chose to Receive and File the Administrative Use Permit for the alcohol license with conditions of approval. A revised decision letter was issued by the Director of Planning and Building Safety to add the public convenience and necessity findings. ABC license review requires mandatory findings that are regulated by the Department of Alcoholic Beverage Control. The City's AUP process is separate. The Department of Alcoholic Beverage Control (ABC) is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before issuing any type of alcohol license. III. Conclusion Planning staff recommends that the Council receive and file this report without objecting to a new Type 20 ABC license for the off -site consumption of beer and wine and approve the issuance of a public convenience and necessity letter for the convenience store at 2161 East El Segundo Boulevard, or alternatively discuss and take another action related to this item. PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \976- 1000\EA- 996\EA- 996.CC sr.doc 35 EL SEGUNDO POLICE DEPARTMENT RECORDED PERIOD: JULY - DECEMBER, 2012 PART I CRIMES AND ARRESTS BY REPORTING DISTRICT RD REPORTING DISTRICT PART I CRIMES FELONY /MISD ARRESTS TOTAL AVERAGE BY RD PERCENTAGE +L- 01 6 24 +166% 102 17 6 23 +156% 103 9 1 10 +11% 104 15 61 21 +133% 105 8 1 9 -011/0 1/0t�6 0! -^56% 107 ^�4 2 2 C 9 y4 31. _ _ - +244% 108 109 4 2 6 -33% - -78% 2 0 0 2 110 2 2 -78% 111 3 1 4 -56% 1 10 4 14 +56% 113 13— 5 - 18 +100% 114 0 0 _ 0 0% 115 3 1 4 -56% 116 0 0 0 0% 201 4 0 4 -56% 202 2 1 3 -67% 203 2 0 2 -78% 204 - 0 0 - 0 0 % 205 10 _ 2 - 12. +33'% 206 8 3 1.1 +22% 07 208 7 3 2 13 9 +44% 0% 3 15 +67% 210 6 3 _ 9 0% 1 _ 11 2 13 +44% 212 9 1 10 +11% 213 0 0 0 0% 214 0 0 0 Ora 301 2 0 2 -78% 302 7 1 8 -11% 303 1 1 2 -78% 304 0 0 0 0% 305 2 0 _ 2 -78% 306 5 1 6 -33% 307 8 4 12 -33% 30T— 13 5 18 +100% 309 2 0 2 -78% 310 1 0 1 -89% 31 2 7 -22% 12 2 0 2 -78% 313 0 0 0 0% 314 1 0 1 -819% 315 3 1 4 -56% 1 7 2 9 0% 317 3 1 4 -56% 22 _ 55. +511'16 319 .8 28 320 6 2 8 -11% 321 0 0 0 0% 322 1 0 1 -89% 323 2 7 -22% TOTALS 333 114 452 Number of Reporting Districts = 53 Average # of Part I Crimes per Reporting District = 6 Average # of Felony /Misdemeanor Part I Crime Arrests per Reporting District = 2 Average # of Crimes and Arrests per Reporting District = 9 (Results from 07/01/2012 through 12/31/2012) High Crime Area per B&P Code Section 23958.4 = >-20% RECORDS/El PAGE 1 2/21/2013 36 H z W H Q a W 0 W U w J a O a z c� W U) J W V 0 it RV +. 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T is 3NNOAVFI i d is 9 'i�gullSi f r r 13 3 •°' 11511V V Y01 . iS A3 -nvA 14383TUf °n O a x•r'" W o x is VOLit ? S3H' 77 W O .�• J O ,Z' Z �•{♦'J D R rro-a..�. terry �C Pk� CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PLANNING COMMISSION: MEETING: SUBJECT: REQUEST: APPLICATION(S)/ ADDRESS(ES): I. INTRODUCTION February 14, 2013 Director of Planning and Building Safety Decisions for Administrative Use Permits Receive and File Director of Planning and Building Safety Decision(s). 1) Environmental Assessment No. EA -996, and Administrative Use Permit No. AUP 12 -04, 2161 East El Segundo Boulevard The Director of Planning and Building Safety issued the following decision: A) Approved - Environmental Assessment No. EA -996 and Administrative Use Permit No. AUP 12 -04 Administrative Use Permit by the Director of Planning and Building Safety regarding a Type 20 Alcoholic Beverage Control (ABC) License for a new convenience store currently under construction. Address: 2161 East El Segundo Boulevard Applicant: Nichole Smith Property Owner: JMH Realty, LLC The proposed project is to allow the on -site sale of beer and wine for off -site consumption at a new convenience store (7 -11). The proposed convenience store is currently under construction and is approximately 2,800 square feet in area. Approximately 30 square feet of refrigeration and open shelving space is proposed for alcohol sales. The proposed hours of operation for the 7 -11 convenience store are 24 hours a day with the sale of alcohol from 6 AM to 1 AM daily. The project site is located on the northwest corner intersection of Nash Street and El Segundo Boulevard in the Urban Mixed - Use North (MU -N) Zone. 39 11. RECOMMENDATION Receive and File. III. EXHIBITS A. EA -996 and AUP No. 12 -04 Director Decision Letter dated February 4, 2012 for the property at 2161 East El Segundo Boulevard. B. Plans i Kir`nberly Christensen, AICP, Planning Manager Department of PI n3 ing & Building Safety Sam Lee, Pi rectoC Depart fit of Planning & Building Safety P:IPlanning & Building Saletyl4 Planning • OJ&PLAN- GOWRECENE AND FILE STAFF HEPORTSi20131Receipt and Fife Staff Report 02.14.2013.Administrative Use Permiis.doe 2 40 Planning & Building Safety Department 350 Main Street, El Segundo, California 90245 -3813 41 Phone (310) 524 -2380 FAX(310)322-4165 February 4, 2013 Elected Officials: Nlchole Smith Carl Jacobson, Mayor 1308 Sartori Avenue, Suite 109 Suzanne or ProTem Torrance, CA 90501 Bill Fisher, Council Member Dave Atkinson, Council Member RE: Environmental Assessment No. EA -996 and Administrative Use Marie Fellh er, Permit (AUP) No. 12 -04 (REVISED) Council l Member Tracy Weaver, On -site sale and off -site consumption of beer and wine (Type 20 State City Clerk of California Alcoholic Beverage Control License) at a new convenience store Appointed Officials. Address: 2161 East El Segundo Boulevard Greg Carpenter, City Manager Mark D. Hensley, City Attorney Crlstay Dear Ms. Smith: Trer City Treasurer 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, application for the above - referenced project and the Director of Planning and Building Safety APPROVED Environmental Assessment No. EA -996 Kevin/Smith /HurrranResources Fire Chief and Administrative Use Permit No. 12 -04 for the sale of beer and wine for Debra Brighton, Library Services off -site consumption at a new convenience store at 2161 East El Segundo Sam Lee, Plannng and Boulevard. An AUP may be issued for this location and purpose pursuant Mitch Tevera, to ESMC § 15- 5E -4(B). The following are the findings and facts in support Police Chief Stephanie Katsouleas, of each finding for this decision: Public Works Robert Cummings, Recreation & Parks FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Environmental Assessment No. 996 www.elsegundo.org 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 § 15303 as a Class 3 categorical exemption (New Construction or Conversion of Small Structures). 350 Main Street, El Segundo, California 90245 -3813 41 Phone (310) 524 -2380 FAX(310)322-4165 Facts in Support of Finding 1 1. The applicant is requesting an alcohol license for the on -site sale and off -site consumption of beer and wine at a new convenience store. The proposed convenience market is currently under construction and is approximately 2,800 square feet in area. A combined total of approximately 30 square feet of refrigeration and open shelving space is proposed for alcohol sales. The project results in a minor alteration in the operation of a new building involving minor interior improvements. The property is in an urbanized and developed area where it has adequate access and all public services and facilities are available. Therefore, the project is not anticipated to have any significant impacts with regard to traffic, noise, air quality or water quality. Administrative Use Permit 12 -04 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. Facts in Support of Finding 1 1. The applicant proposes to provide on -site sale of beer and wine for off -site consumption at a new convenience store. The 2,800 square -foot building is located in the Urban Mixed -Use North (MU -N) Zone at 2161 East El Segundo Boulevard. The tenant improvements to the building will follow after construction is completed to include new refrigeration equipment and the display of alcohol is proposed in approximately 30 square feet of floor area. The proposed retail use and sale of alcohol is consistent with the purpose of the MUN zoning district and adjacent uses. The conditions of approval for the project are intended to limit impacts on surrounding uses and the exterior finish of the new building will be architecturally compatible with the renovation of the existing second building (the City's former fire station) located at the site. 2. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 1:00 a.m. The convenience store may operate 24 hours a day and seven days a week. 3. Adequate on -site parking is provided at the project site with nine spaces required for the convenience store. A total of 58 spaces are required and provided for all of the development at the project site. 4. The convenience store is compatible with, and is intended to support the surrounding land uses which include: commercial office uses to the north; a surface parking for the Metro Green Line rail station, and a scientific research 2 42 and experimental development laboratory (Raytheon Campus) to the south; office uses to the east; and a hotel (Residence Inn) to the west. 5. The General Plan land use designation for the site is Urban Mixed -Use North and the zoning for the site is Urban Mixed -Use North (MU -N). Retail stores are permitted uses in accordance with ESMC Chapter 15 -5E and on -site sale of alcohol for off -site consumption requires the approval of an Administrative Use Permit (AUP) in accordance with ESMC § 15- 5E -4(B). 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 of the site is Urban Mixed -Use North. Retail, office, hotels, and scientific research and experimental development laboratories are permitted uses in this land use designation. 2. The zoning for the site is Urban Mixed -Use North (MU -N) Zone. Retail uses are permitted uses in this zoning district in accordance with ESMC. The proposed use, on -site sale of beer and wine for off -site consumption at a new retail establishment, requires an Administrative Use Permit (AUP) in accordance with ESMC § 15- 5E -4(B). 3. The purpose of the Urban Mixed -Use North (MU -N) Zone is for the development of commercial establishments which serve a mixture of compatible commercial office, research and development, retail and hotel uses. The proposed alcohol license for a new retail establishment is consistent with the zone in that retail uses are permitted uses in the Urban Mixed -Use North (MU -N) Zone. 4. The convenience store is a permitted use. The convenience store does not have an ABC license. The current (Type 20 ABC) license request is for the on -site sale of beer and wine for off -site consumption, which is subject to an Administrative Use Permit for a convenience store. 5. The minimum number of required parking spaces for the proposed convenience store is six (9) spaces. A total of 58 off - street parking spaces are required and provided for all of the development at the project site. 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, primarily within a mixed -use environment, without adversely affecting the viability of Downtown. 3 43 7. The proposed use is consistent with Land Use Element Objective LU4 -1 in that it promotes retail facilities in proximity to major employment centers. 8. The surrounding land uses include: commercial office, surface parking for the Metro Green Line rail station, hotel and scientific research and experimental development laboratory uses. The proposed sale of alcohol at a new convenience store will be compatible with the surrounding land uses. Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Facts in Support of Finding 3 1. The new convenience store will serve the surrounding commercial office, the Metro rail users, hotel, and scientific research and development community. The convenience store will provide additional service with the sale of beer and wine for off -site consumption. The convenience store currently does not have an Alcoholic Beverage Control License. A sufficient number of parking spaces will be provided on -site in compliance with ESMC Chapter 15 -15. 2. The surrounding land uses include: commercial office, surface parking for the Metro Green Line rail station, and scientific research and development laboratory uses. These uses are compatible with the purpose and intent of the proposed use. 3. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 1:00 a.m. The convenience store may operate 24 hours a day and seven days a week. Limiting the hours of operation for the sale of alcoholic beverages at the convenience store would ensure the protection of the public health, safety and welfare of adjacent residents to the west of the property. 4. Allowing alcohol sales at 2161 East EI .Segundo Boulevard would serve a "public convenience or necessity" as there are a limited number of convenience stores within the City. The convenience store would serve the City's 17,000 residents, as well as a day time work force population of nearly 70,000 people. The business operation will not create a law enforcement problem in consideration of the conditions of approval under which the convenience store must operate. 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. 4 44 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 convenience store. Any additional parking demand associated with the sale of alcohol will be accommodated with the nine (9) off - street parking spaces available on the site. Additionally, the subject site is accessible to pedestrians from the surrounding area. 2. The parking lot will be paved with concrete and asphalt and is not expected to generate dust or smoke. The proposed use will not increase noise, fumes, vibration, odors, traffic or hazards. 3. The proposed hours of operation for alcohol sales and the location of the convenience store will help to minimize impacts on surrounding uses. The hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 1:00 a.m. The convenience store may operate 24 hours a day and seven days a week. 4. In addition to complying with the City of El Segundo and the State of California Department of Alcoholic Beverage Control regulations, the convenience store is subject to County Health Department regulations that address and monitor impacts of fumes and odors. Findinq 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. 20). 2. As noted above, alcohol sales at 2161 East El Segundo Boulevard serves a "public convenience or necessity." 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 hours of alcohol sales are limited to Monday through Sunday from 6:00 a.m. to 1:00 a.m. The convenience store may operate 24 hours a day and seven days a week. Any change to the hours of operation or the hours that alcohol may be 5 45 sold is subject to review and approval by the Director of Planning and Building Safety or designee. 2. The alcohol available for sale within the convenience store is limited to 30 square feet of interior floor area. 3. A total of nine (9) surface parking spaces must be maintained for the convenience store at the site. 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 convenience store is subject to County Health Department regulations for the storage of food and beverages. 5. Any subsequent modification to the project as approved, including the floor plan and areas where alcohol will be sold, and /or the conditions of approval must be referred to the Director of Planning or designee and Building Safety for approval and a determination regarding the need for Planning Commission review of the proposed modification. 6. 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 20 license. 7. 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. 8. 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. 9. The applicant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise, trash bin debris, debris in the convenience store, or debris in the parking lot. Said contact's name and phone number must also be available through the convenience store staff at all times. 10. There cannot be any 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. 6 46 11. The licensee and employees selling alcoholic beverages to patrons must complete a training program offered by the California Department of Alcoholic Beverage Control (ABC) on alcohol responsibility and the law. The training must be offered to new employees on a quarterly basis. 12. 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), Long Beach /Lakewood District Office administered Licensee Education on Alcohol and Drugs (LEAD) Program; or, b. Completed an approved equivalent (LEAD) training program administered by the ABC, Long Beach /Lakewood District Office to ensure proper distribution of alcoholic beverages safely, responsibly and to adults of legal age. Any future employee designated to sell alcoholic beverages on behalf of the licensee or applicant must obtain a certificate proving completion of the (LEAD) training; and c. The licensee or applicant must confirm with the Planning and Building Safety Director, or designee, within fifteen (15) days of the Director's decision as to the approval of the application, or by final project approval, that a date certain has been scheduled with the local ABC Office to complete the LEAD training program. d. Within thirty (30) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department. 13. The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises. Staff must monitor activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles. 14. The city may, in its discretion, take action to review this AUP, including without limitation, adding conditions or revoking the permit, to enforce applicable regulations of the ESMC or this AUP. 15. The applicant must provide a safe within the convenience store that is anchored to the concrete and must be noted on the plans to the satisfaction of the Police Chief, or designee. 16. The applicant must install security cameras for monitoring and recording activity, which include, without limitation: cash handling /counting areas, the manager's 7 47 office, the safe, all access doors, and any other areas deemed necessary by the Police Department. Monitoring and recording equipment must be stored in a secure area (e.g., manager's office). 17. Before a building permit is issued, a schematic plan of the camera system must be submitted and approved by the Police Chief, or designee. The camera specification notes must be included on the schematic plan. 18. Before a building permit is issued, the minimum camera requirements must be listed on the building plans with the camera specifications and include the following: a. All security surveillance cameras must be installed to record video in color. b. Security cameras, especially those viewing customers as they enter the business or stand at cash registers, must capture the individual from the waist to the top of the head, straight on. C. Security surveillance cameras must be positioned low enough so that caps /hats or other disguises (typically used when committing a crime) will not obstruct the view of the individual's face. This will provide the best possible picture for the identification of the individual during the investigation process. d. The maximum mounting height is 8 feet. e. The recording equipment must capture video digitally and must record a minimum of (21) days for each security surveillance camera. Security surveillance camera recordings must be made available to law enforcement agencies for investigation purposes upon request. f. A schematic plan of the proposed camera locations must be submitted and approved by the Police Chief, or designee. g. The "Camera Specification Notes" must be included on the schematic plan page. h. A security surveillance camera plan must provide the following minimum items: (1) One camera facing each point of sale station (2); one camera facing the safe (it may be possible to cover the safe and the point of sale station closest to it); and (3) one camera at the main entry door capturing customers as they exit. 19. The building cannot be occupied by more persons than allowed by the California Building Code, as adopted by the ESMC. 20. The building must comply with California Building and Fire Code requirements, as adopted by the ESMC. 21. 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. 996 and Administrative Use Permit No. 12 -04. Should the City be named in 8 48 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 -996 or AUP No. 12 -04, 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 February 14, 2013 meeting with the recommendation that the Planning Commission Receive and File the determination. The City Council will determine whether or not to protest the proposed (Type 20) ABC License at its meeting _on March 19, 2013. If you have any questions regarding this project, please contact project planner Maria Baldenegro at (310) 524 -2341. Sincerely, Samirector Depermient of Planning and Building Safety PAPlanning & Building Safety\0 Planning - Old \PROP: \Planning & Building Safety \0 Planning - Old \PROJECTS (Planning) \976 - 1000 \EA - 996 \EA- 996.AUP LTR. Revised doe 9 49