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2022-01-18 CC Agenda PacketAGENDA EL SEGUNDO CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 18, 2022 4:00 PM CLOSED SESSION 6:00 PM OPEN SESSION ZOOM INFORMATION MEETING ID: 964 5963 7962 PIN: 730770 CITY COUNCIL CHAMBER 350 MAIN STREET, EL SEGUNDO, CA 90245 PUBLIC ADVISORY. THE CITY COUNCIL CHAMBER AND/OR LOBBY WILL ONLY BE OPEN TO THE PUBLIC FOR PUBLIC COMMUNICATIONS AND PUBLIC HEARING. (Face masks/coverings are required to be worn inside City facilities) Drew Boyles, Mayor Chris Pimentel, Mayor Pro Tern Carol Pirsztuk, Councilmember Scot Nicol, Councilmember Lance Giroux, Councilmember Tracy Weaver, City Clerk Matthew Robinson, City Treasurer Executive Team Scott Mitnick, City Manager Barbara Voss, Deputy City Manager Jaime Bermudez, Police Chief Michael Allen, Dev. Services Director Elias Sassoon, Public Works Director Melissa McCollum, Com. Services Dir. Mark Hensley, City Attorney Joe Lillio, Chief Financial Officer Deena Lee, Fire Chief Rebecca Redyk, HR Director Charles Mallory, IT Director MISSION STATEMENT: "Provide a great place to live, work, and visit." VISION STATEMENT: "Be a global innovation leader where big ideas take off while maintaining our unique small town character." 1 Page 1 of 199 How Can Members of the Public Observe and Provide Public Comments? • Residents can watch the meeting live via Spectrum Channel 3, AT&T U-Verse Channel 99 and/or El Segundo TV at YouTube.com. Access remotely via Zoom from a PC, Mac, iPad, iPhone, or Android device or by phone. Use URL https:Hzoom.us/j/96459637962 and enter PIN: 730770 or visit www.zoom.us on device of choice, click on "Join a Meeting" and enter meeting ID and PIN. • Join by phone at 1-669-900-9128 and enter meeting ID and PIN. Your phone number is captured by the Zoom software and is subject to the Public Records Act. Dial *67 BEFORE dialing in to remain anonymous. • For Public Communications, members of the public may provide comments in the Lobby and/or Council Chamber or via Zoom. For in person comments, please fill out a Speaker Card located in the Chamber Lobby and for Zoom comments, notify meeting host by raising your virtual hand (see hand icon at bottom of screen) and you will be invited to speak. (If you do not wish for your name to appear on the screen, then use the drop -down menu and click on "rename" to rename yourself "anonymous") Please note that you will be placed in a "listen only" mode and your video feed will not be shared with City Council or members of the public. • For written communication, submit to ALLELECTEDOFFICIALS(a)-elsegundo.org by 3:00 PM to be uploaded to the Website. Emails received after 3:00 PM will be posted the next day. • For Public Hearings, members of the public may provide comments in the Lobby and/or Council Chamber or via Zoom. • Speaker cards and attendee's information captured by Zoom software will be considered public documents subject to possible posting on the City's Website and are subject to disclosure under the Public Records Act. Additional Information: 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 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, members of 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 state: your name, residence, and organization/group you represent, if desired. Please respect the time limits. 2 Page 2 of 199 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 310-524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 4:00 PM CLOSED 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 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 City Council to take action on any item not on the agenda. City Council and/or City Manager will respond to comments after Public Communications is closed. SPECIAL ORDERS OF BUSINESS RECESS INTO CLOSED SESSION: City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with City's Labor Negotiators. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6): -8- MATTER(S) 1. Employee Organizations: Fire Fighters Association, Police Officers Association, Police Management Association, Police Support Services Employees Association, Supervisory, Professional Employees Association, City Employee Association, and Executive and Management/Confidential Employees (unrepresented groups). Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Scott Mitnick and Human Resources Director, Rebecca Redyk. 6:00 PM — CONVENE OPEN SESSION — CALL TO ORDER / ROLL CALL INVOCATION — TBA PLEDGE OF ALLEGIANCE — Councilmember Nicol 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. 3 Page 3 of 199 SPECIAL PRESENTATIONS 1. Introduction of Police Chief Bermudez 2. Announce 2021 Chamber of Commerce Holiday Parade Winners 3. El Segundo Economic Development Corportation Update 4. COVID-19 Update CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications) A. PROCEDURAL MOTIONS Read All Ordinances and Resolutions on the Agenda by Title Only. Recommendation — Approval B. CONSENT 5. City Council Meeting Minutes Recommendation — Approve the Regular City Council Meeting Minutes of December 7, 2021 and December 21, 2021. 6. Warrant Demand Register for December 13, 2021 through January 04, 2022 Recommendation - 1. Ratify payroll and employee benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and, wire transfers. 2. Approve Warrant Demand Register numbers 12A and 12B: warrant numbers 3038604 through 3038823, and 9002323. 7. Resolution Approving Design and Plans for Sewer Inspection P Recommendation - 1. Adopt Resolution approving design and plans for the Sewer Closed Circuit Television Inspection Project, Project No. PW 21-12. 2. Authorize staff to advertise the Sewer Closed Circuit Television Inspection Project for bids. 0 Page 4 of 199 8. Construction Contract with FS Contractors Inc. for FY 2021-2022 Annual Concrete Improvements Project Recommendation - 1. Reject Minako America Corporation's bid as nonresponsive. 2. Authorize the City Manager to execute a standard Public Works Construction Contract with FS Contractors, Inc. for $250,981 for the FY 2021-2022 Annual Concrete Improvements Project (Project No. PW 21- 10), and authorize an additional $49,000 as contingency funds for potential unforeseen conditions. 9. FY 2022-2023 & 2023-2024 Biennial Budget Calendar Recommendation — Approve Fiscal Year (FY) 2022-23 & 2023-24 biennial budget calendar establishing study sessions and public hearing dates for FY 2022-23 Operating Budget, Capital Improvement Program Budget, and User Fees. 10. Resolution Allowing Public Meetings to Continue to be Conducted via Teleconferencing Pursuant to Assembly Bill 361 Recommendation — Approve a resolution to allow public meetings to continue to be conducted via teleconferencing pursuant to Assembly Bill No. 361. 11. El Segundo Senior Housing Board Corporation 2022 Operating Budget for Park Vista Recommendation — Approve the El Segundo Senior Housing Board Corporation 2022 Operating Budget for the Park Vista senior housing facility located at 615 East Holly Avenue. C. PUBLIC HEARINGS 12. Proposed Preferential Parking Zone 2 for Portions of California Street, Holly Avenue, and Kansas Street Recommendation — Consider the residents' request and adopt a resolution approving the establishment of preferential parking zone #2 along California Street (between Pine Avenue and Holly Avenue), Holly Avenue (between California Street and Kansas Street), and Kansas Street (between Holly Avenue and Grand Avenue). 5 Page 5 of 199 D. STAFF PRESENTATIONS 13. Main Street / Imperial Highway Monument Entry Feature Project Recommendation - 1. Authorize staff to execute a Professional Services Agreement with Hirsch & Associates, Inc. in the amount of $66,110, with an additional $6,000 for contingency, to prepare the design of the Main Street / Imperial Highway Monument Entry Feature. 2. Authorize staff to remove existing signage at the Main Street and Imperial Highway intersection. 14. Review of City Committees, Commissions, & Boards Recommendation - Direct staff to do the following: Prepare a staff report (by March 15, 2022) to conclude the Capital Improvement Program Advisory Committee, with the understanding that the City Council Finance Committee will be responsible for reviewing proposed capital improvement projects. 2. Prepare a staff report to convert the Environmental Committee to a Public Works Committee by March 15, 2022. 3. Conduct a thorough review of each City committee, commission, and board's bylaws (or equivalent documents); and provide potential revisions to City Council (by June 30, 2022) to ensure consistency of operating practices, duties, and responsibilities to align with the current Citywide organizational structure. 15. Chief Financial Officer Salary Range Adjustment Recommendation — Adopt a resolution modifying the salary range for the Chief Financial Officer classification. E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS 16. Diversity, Equity, and Inclusion Committee Citywide Organization Report Recommendation - 1. Receive and file the DEI Citywide Organization Report. 2. Direct staff to work with the DEI Committee to implement recommended activities. A Page 6 of 199 F. REPORTS - CITY CLERK G. REPORTS - CITY TREASURER H. REPORTS - COUNCILMEMBERS COUNCILMEMBER GIROUX COUNCILMEMBER NICOL COUNCILMEMBER PIRSZTUK MAYOR PRO TEM PIMENTEL MAYOR BOYLES I. REPORTS - CITY ATTORNEY J. REPORTS/FOLLOW-UP - CITY MANAGER 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) MEMORIALS - Mike Doucette and Beth Murida ADJOURNMENT POSTED: DATE: January 13, 2022 TIME: 12:00 PM BY: Tracy Weaver 7 Page 7 of 199 MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 7, 2021 CLOSED SESSION — Due to lack of quorum at 4:45 PM, Mayor Boyles called to order at 5:00 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with City's Labor Negotiators as follows. - CONFERENCE WITH LEGAL — EXISTING LITIGATION (GOV'T CODE §54956.9(D)(1): -2- MATTER(S) 1. Eric Moore (retired Fire Department Battalion Chief) v. City of El Segundo, Workers Compensation Appeals Board, Case No. ADJ12509749 2. Michael Ward (retired Maintenance Worker) v. City of El Segundo, Workers Compensation Appeals Board, Case No. ADJ11677036 CONFERENCE WITH LEGAL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -1- matter(s) Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter(s) Adjourned Closed Session at 5:30 PM EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 1 Page 8 of 199 OPEN SESSION — Mayor Boyles called to order at 6:00 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present INVOCATION — Pastor Scott Tannehill, The Bridge Church PLEDGE OF ALLEGIANCE — Council Member Pirsztuk SPECIAL PRESENTATIONS: 1. Commendation read by Council Member Nicol, commending Ainsley Gulden on completing her Eagle Scout Service Project by transforming Library Park's Gazebo into a whimsical gingerbread house. 2. Proclamation read by Council Member Giroux, proclaiming the 1200 Block of East Acacia Avenue as Candy Cane Lane from December 11, 2021 at 7:00 PM, through December 23, 2021. Jennifer Turnbull, Candy Cane resident received the proclamation. 3. Proclamation read by Council Member Pirsztuk, proclaiming Sunday December 12, 2021 as the 57t" Annual El Segundo Holiday Parade. Marsha Hansen, CEO Chamber of Commerce received the proclamation. 4. Los Angeles Hyperion Treatment Plant Wastewater Spill and Recovery Update, report given by Elias Sassoon, Public Works Director PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) In Chamber — None Via Zoom — None CITY MANAGER FOLLOW-UP COMMENTS: None (Moved due to time constraints) G. REPORTS — CITY TREASURER — 20. Investment Portfolio Report for September 2021 (Fiscal Impact: None) Matthew Robinson, City Treasurer gave a presentation Council Discussion EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 2 Page 9 of 199 Council consensus to receive and file the report. A. Read all Ordinances and Resolutions on the Agenda by Title Only. MOTION by Council Member Giroux, SECONDED by Council Member Nicol to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. CONSENT: 5. Approve Regular City Council Minutes of November 16, 2021. (Fiscal Impact: None) 6. Approve warrants demand register for November 17, 2021 through December 7, 2021, numbers 10A, 10B and 10C warrant numbers 3038131 through 3038426, and 9002280 through 9002283. Ratify Payroll and employee benefit Checks; Checks released early due to contracts or agreement; Emergency disbursements and/or adjustments; and, Wire transfers. (Fiscal Impact: $5,805,474.96 ($1,302,191.04 in check warrants and $4,503,283.92 in wire warrants)) 7. Authorize City Manager to execute Standard Public Works Construction Contract No. 6245 with Corral Construction & Development, Inc. in the amount of $144,044 for the Police Department women's bathroom remodel project and authorize an additional $21, 956 as contingency funds for potential unforeseen conditions. (Project No. PW 22-02) (Fiscal Impact: Included in adopted FY 2021/22 Budget) 8. PULLED BY MAYOR PRO TEM PIMENTEL 9. Adopt Resolution No. 5292 to approve Plans and Specifications for Fire Stations 1 & 2 floor replacement and authorize staff to advertise the project for construction. (Project No. PW 22-03) (Fiscal Impact: Included in adopted FY 2021/22 Budget) 10. Adopt Resolution No. 5293 approving Plans and Specifications for Community Development Block Grant (CDBG) and authorize staff to advertise for City Hall Public Restroom Improvements project (CDBG Project 602294-20). (Project No. PW 21-08) (Fiscal Impact: Included in adopted FY 2021/22 Budget) 11. Adopt Resolution No. 8294 approving engineering plans and construction specifications, authorize staff to advertise and approve an additional appropriation of $3000,000 from the unassigned General Fund Balance for the Recreation Park Checkout Building Restroom improvements project. (Project No. PW 21-09) (Fiscal Impact: $200,000 included in adopted FY 2021/22 Budget, $300,000 additional appropriation from unassigned General Fund Balance) EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 3 Page 10 of 199 12. Waive second reading and adopt Ordinance No. 1630 adding Chapter 9 to Title 5 of El Segundo Municipal Code regarding mandatory organic waste disposal reduction. (Fiscal Impact: None) 13. PULLED BY COUNCIL MEMBER PIRSZTUK 14. Adopt Resolution No. 5295 allowing public meetings to continue to be conducted via teleconferencing pursuant to Assembly Bill No. 361. (Fiscal Impact: None) MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk approving Consent Agenda items 5, 6, 7, 9, 10, 11, 12, and 14 . MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 8. Notice of Completion of the Utility Verification and Investigation Services Project. (Project No. PW 20-16) (Fiscal Impact: $62,200) Mayor Pro Tern Pimentel commended the Public Works staff on completing the project in a timely manner and under budget. Council Discussion MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk accepting the Utility Verification and Investigation Services Project by T2 UES, Inc. as complete and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 13. Government Finance Officers Association Award for Financial Reporting (Fiscal Impact: None) Council Member Pirsztuk commended the Finance Department on the department's achievement. Council Discussion MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux approving the filing of the Government Finance Officers Association award for excellence in financial reporting for the City's Fiscal Year 2019-20 Annual Comprehensive Financial Report. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 4 Page 11 of 199 C. PUBLIC HEARING: 15. Preferential Parking Zone 2 for Portions of California Street, Holly Avenue, and Kansas Street. (Fiscal Impact: None) Mayor Boyles stated the Public Hearing is continued to the January 18, 2022 City Council Meeting. 16. Proposed Los Angeles Chargers Headquarters and Training Facility Development and Raytheon Storage Facility Relocation (2000 E. El Segundo Boulevard) (Fiscal Impact: As proposed, development of this project and relocation of the storage facility will have minimal financial benefit to the City's General Fund. The 2015 Gross Fiscal Impact and Economic Benefit Analysis for the overall El Segundo South Campus Specific Plan (ESSCSP) estimated a possible General Fund annual revenue increase of up to $2,600,000 at theoretical buildout of the full ESSCSP area. After the proposed project is developed, the maximum future recurring General Fund revenue amount will be lower than initially estimated due to this proposed use not being a more traditional office building and/or retail development. The proposed Development Agreement Amendment includes three one-time contributions of $1,000,000 for a total of $3,000,000 to be deposited into the City's General Fund to be used to support The Plunge swimming pool rehabilitation capital improvement project) Mayor Boyles stated this was the time and place for a public hearing regarding the proposed Los Angeles Chargers Headquarters and Training Facility Development and Raytheon Storage Facility Relocation (2000 E. El Segundo Boulevard). Clerk Weaver stated that proper notice had been given in a timely manner and that written communication had been received in the City Clerk's office. Michael Allen, AICP, Development Services Director, Eduardo Schonborn, AICP, Planning Manager and Brad Misner, Contract Planner, CSG Engineering gave a presentation. Public Input: Bob Tarnofsky, Sr. Vice President Real Estate, Continental Development Corporation, gave a presentation, applicant. Fred Maas, Chief of Staff, Los Angeles Chargers, applicant, in favor of project. Ron Turner, Sr. Architect/Partner at Gensler, Los Angeles Chargers architect firm, commented on the project and is in favor. Rich Field, Senior Director, Real Estate & Portfolio, Raytheon Technologies in favor of the project without initiating the development agreement regarding the park/green space. Richard Lundquist, President and Owner, Continental Development Corporation, applicant read a letter from Dean Spanos, Chairman and owner, Los Angeles Chargers and offered 2+ acres of CDC/Mar Ventures land to the City of El Segundo. This land EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 5 Page 12 of 199 would remain as an El Segundo Park if Raytheon's phases 3 and 4 are developed, in which El Segundo is to receive park/green space per the development agreement. Ryan Baldino, resident & Planning Commissioner, expressed the need for green space/parks and is not in favor of the Los Angeles Chargers project without Raytheon committing to the park/land (7.54 acres) per the development agreement. Rafael Pimentel, Special Representative to Southwest Council of Carpenters, in favor of the Los Angeles Chargers project. MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk to close the hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CZA WC-7-To F, 9 FQ EIRIJWLTA I Reconvened at 9:18 PM Council discussion Rich Field, Senior Director, Real Estate & Portfolio, Raytheon Technologies, and Susan Bray-Magnall, Associate Director Facilities West Region, Enterprise Real Estate Services, Raytheon Technologies answered Council's questions. During the recess, the City of El Segundo and Raytheon Technologies agreed to the following to move the project forward. If the following conditions are approved, condition #11 put forth by the Planning Commission is out (Butler building) and Raytheon will agree to move forward with conditions/amendments requested/proposed by staff. Mark Hensley, City Attorney, read into the record the changes to the Recreation Facility Use Agreement between the City of El Segundo and Raytheon Company regarding use of Recreation Fields: • (Section 1, paragraph 1) Notwithstanding the preceding provisions, the City shall have the right to schedule play on a minimum of two Recreational Fields at all times identified above and RTX (Raytheon Technologies) employees will have priority use of one softball field. City participants shall be limited to Recreational Fields for practice purposes from Monday through Friday and for practice and competitive play purposes on the weekend, however, RTX retains the right to approve of adult competitive play in its reasonable discretion. • (Section 6, title and paragraph 1) RTX will study the Americans with Disabilities Act ("ADA") to determine potential ADA access to the Recreational Fields and implement such appropriate access measures in its discretion. Mark Hensley, City Attorney, read into the record the changes to the Second Amendment to Development Agreement by and between the City of El Segundo, CDC Mar East Campus 1 LLC, and Raytheon Company: EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 6 Page 13 of 199 • (Section 10.4 title amendment) CDC/MAR Payment and Land Dedications to the City • (Section "g" now becomes "h" which adds section "i") New section "g" will now read; Within 12 months of the recording of the final Map for the Sports Complex Project, CDC Mar will offer for dedication to the City the approximate two acres of property identified in Exhibit H. This offer of dedication is separate and distinct from the obligations set forth in Section 9 of this Agreement and does not offset or alter the requirements of Section 9. Mark Hensley, City Attorney, read the Resolution by title only. RESOLUTION NO. 5289 A RESOLUTION APPROVING AN ADDENDUM (EA-1305) TO THE EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT APPROVED UNDER EA-905 TO ANALYZE THE CONSTRUCTION OF A NEW SPORTS FACILITY WITH ASSOCIATED PRACTICE FIELDS WITHIN PHASE 11 OF THE SPECIFIC PLAN AND A NEW STORAGE BUILDING WITHIN PHASE IV OF THE SPECIFIC PLAN. MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tern Pimentel adopting Resolution No. 5289. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read the Ordinance by title only. ORDINANCE NO. 1631 AN UNCODIFIED ORDINANCE APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 11-02 Council Member Pirsztuk introduced the Ordinance No. 1631. Second reading and possible adoption of the Ordinance is scheduled for the regular City Council meeting of December 21, 2021. Mark Hensley, City Attorney, read the Resolution by title only. RESOLUTION NO. 5290 A RESOLUTION APPROVING SITE PLAN REVIEW NO. 21-02 FOR CONSTRUCTION OF A NEW ONE-STORY STORAGE BUILDING ON THE RAYTHEON CAMPUS AT 2000 EAST EL SEGUNDO BOULEVARD WITHIN THE EL SEGUNDO SOUTHEAST CAMPUS SPECIFIC PLAN AREA (LOT 18 AND TRACT MAP 71551). MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk Council Member Pirsztuk adopting Resolution No. 5290. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Pimentel Pirsztuk Nicol No: Giroux EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 7 Page 14 of 199 Mark Hensley, City Attorney read the resolution by title only. RESOLUTION NO. 5291 A RESOLUTION APPROVING (1) A VESTING TENTATIVE TRACT MAP NO. 83507, (2) A MINOR MODIFICATION TO THE EL SEGUNDO SOUTH CAMPUS SPECIFIC PLAN (NO. 11-1), AND (3) SITE PLAN REVIEW NO. 21-01 FOR DEVELOPMENT OF A NEW PROFESSIONAL SPORTS HEADQUARTERS AND TRAINING FACILITY WITHIN THE SOUTH CAMPUS SPECIFIC PLAN AREA MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tern Pimentel adopting Resolution No. 5291. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Pimentel Pirsztuk Nicol No: Giroux D. STAFF PRESENTATIONS: 17. Participation in Two National Opioid Lawsuit Settlements (Fiscal Impact: See staff report for fiscal impact narrative) Mark Hensley, City Attorney, reported on the item. Council discussion Mark Hensley, City Attorney read by title only; RESOLUTION NO. 5297 A RESOLUTION APPROVING PARTICIPATION IN TWO NATIONAL OPIOID LITIGATION SETTLEMENTS AND AUTHORIZING CITY MANAGR EXECUTION OF RELATED PARTICIPATION AND SUBDIVISION AGREEMENTS MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk adopting Resolution No. 5297. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 18. Citywide Salary Schedule Update (Fiscal Impact: See staff report for fiscal impact narrative ) Rebecca Redyk, Human Resources Director reported on the item. Council discussion Mark Hensley, City Attorney read by title only; Id�Yo]ItolIto] ►1►[0"40.1<:3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE CITYWIDE SALARY SCHEDULE EFFECTIVE OCTOBER 4, 2011, WITH REVISIONS THROUGH DECEMBER 7, 2021 EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 8 Page 15 of 199 MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Nicol adopting Resolution No. 5298. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 19. Amendment to City Contributions for CalPERS Medical Premiums (Fiscal Impact: Fiscal impact for FY2021-22 is $36,000, assuming all eligible employees participate in medical coverage. Sufficient funding for actions related to this recommendation is included in the adopted Citywide Budget. No new funding is needed for this fiscal year) Rebecca Redyk, Human Resources Director reported on the item. Council discussion Mark Hensley, City Attorney read by title only; RESOLUTION NO. 5299 FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION 006 EL SEGUNDO EXECUTIVE MANAGEMENT MOTION by Mayor Pro Tern Pimentel, SECONDED by Council Member Pirsztuk adopting Resolution No. 5299. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 RESOLUTION NO. 5300 FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION 001 EL SEGUNDO MID-MANAGEMENT/CONFIDENTIAL MOTION by Council Member Giroux, SECONDED by Council Member Nicol adopting Resolution No. 5300. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS: None F. REPORTS — CITY CLERK — Wished everyone Happy Holidays and stated Mona Shilling, Deputy City Clerk II will be the Clerk for the December 21st meeting and that her last day with the city will be December 30tn G. REPORTS — CITY TREASURER — Report given earlier in meeting. H. REPORTS — COUNCIL MEMBERS EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 9 Page 16 of 199 Council Member Giroux - Congratulated Melissa McCollum, Community Services staff and the Arts and Culture Committee on a job well done for the events held last week in honor of the holidays. Council Member Nicol - Concurred with Council Member Giroux, excellent events last week. Wished all Happy Holidays, reminded everyone that Candy Cane Lane opens Saturday and thanked EDCO for the donation of receptacles for Candy Cane Lane over the years. Merry Christmas Council Member Pirsztuk - Concurred regarding the events over the last week. Thanked Kiwanis and the POA for the Santa Sleigh and hopes to see everyone at the Holiday Parade this Sunday. Mayor Pro Tern Pimentel - Will attend the Sanitation Committee meeting next week, Transportation Committee is dark this month, County Accessor Jeffrey Prang, will give a brief regarding the ramifications of Prop 19 and mentioned a meeting took place last week regarding the Regional Housing Trust. Mayor Boyles - No report REPORTS - CITY ATTORNEY - No report J. REPORTS/FOLLOW-UP - CITY MANAGER - Commented on the Raytheon/Charger project, complimented and thanked the City Attorney and past and current staff members who worked on the project, commented on Chief Lee's celebration today and stated next meeting December 21, 2021 JI21JIs] VF-11IRM01rem Adjournment at 9:49 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 7, 2021 PAGE 10 Page 17 of 199 MEETING MINUTES OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 21, 2021 Ifill 11110i169all 9�14X*4I 01M401we • • IMMM"1[iI17Wr•I ROLL CALL Mayor Boyles - Present Mayor Pro Tem Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for purposes of conferring with City's Real Property Negotiator; and/or conferring with City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with City's Labor Negotiators as follows: CONFERENCE WITH LEGAL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -1- matter(s) Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter(s) CONFERENCE WITH CITY'S LABOR NEGOTIATOR (GOV'T CODE §54957.6): -1- MATTER(S) Unrepresented Employee Groups: Executive Management, Mid -Management, and Confidential Agency Designated Representatives: City Manager, Scott Mitnick and City Attorney, Mark Hensley Adjourned Closed Session at 5:30 PM EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 1 Page 18 of 199 OPEN SESSION — Mayor Boyles called to order at 6:00 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tern Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present INVOCATION — Rev. Dr. Tom Park, St. John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Giroux SPECIAL PRESENTATIONS: 1. Commendation read by Mayor Boyles, commending all sponsors, supporters, and volunteers, for their unselfish community service in keeping this hometown holiday tradition alive in El Segundo. This year's Christmas Eve Dinner will take place on December 24, 2021 at 12:00 PM in the Jocelyn Center. Arecia Hester, Recreation and Parks Superintendent accepted the Commendation. 2. Los Angeles Hyperion Treatment Plant Wastewater Spill and Recovery Update, report given by Elias Sassoon, Public Works Director PUBLIC COMMUNICATIONS — (Related to City Business Only — 5-minute limit per person, 30-minute limit total) In Chamber — Mclissa McCaverty, resident, commented on item #137 Mike Zarneke, resident, commented on item #137 Via Zoom — None CITY MANAGER FOLLOW-UP COMMENTS: Mark Hensley, City Attorney, clarified questions asked of commenters. A. Read all Ordinances and Resolutions on the Agenda by Title Only. MOTION by Council Member Giroux, SECONDED by Council Member Nicol to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. CONSENT: 3. Approve warrants demand register for December 8, 2021 through December 21, 2021, numbers 11A and 11B: warrant numbers 3038427 through 3038603, and 9002284 through 9002322. Ratify Payroll and employee benefit Checks; Checks released early due to contracts or agreement; Emergency disbursements and/or adjustments; and, Wire transfers. EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 2 Page 19 of 199 (Fiscal Impact: $4,671,401.06 ($1,165,085.34 in check warrants and $3,506,315.72 in wire warrants)) 4. Authorize the City Manager to execute Amendment No. 6009A-1 to the agreement with Buffalo Computer Graphics for an additional $400,000 for a total contract amount of $592,099.23, which will match the contract total to the total amount awarded through the grant to provide crisis management software, authorize the acceptance of an additional $100,000 in grant funds from the 2019 State Homeland Security Grant Program and appropriate $100,000 to expense account 124-400-3202-3769 (Homeland Security Grant Program) and $100,000 to revenue account 124-300-3202-3769 in recognition of the reimbursable grant funds (Fiscal Impact: The City of El Segundo has been allocated an additional $100,000 towards the emergency management crisis management software project in the 2019 State Homeland Security Grant Program ("SHSGP") funding, which is passed to the local area through the County of Los Angeles via a Sub - Recipient agreement. This additional funding supports year two of the project that further develops the training and response readiness of Los Angeles County. While the grant does not provide upfront funding, municipalities submit reimbursement requests to the grant administrator (Los Angeles County) after expenditures are made and processed for payment. Approved requests are then reimbursed by the County. If funds are not used from the 2019 grant, they will not be reallocated for City use. Thus, it's important for the City to expend its full allocation.) 5. Adopt Resolution No. 5301 approving a Memorandum of Understanding with Manhattan Beach, Redondo Beach, and Hermosa Beach for Utilization of Measure H Grant Funding for Homelessness Case Management Services. (Fiscal Impact: None) 6. Authorize the City Manager to execute a sixth amendment, Amendment No. 5339F, with Matrix Imaging, Inc. to increase the contract amount by $188,856 for a total of $429,746 and extend the contract term to June 30, 2023 to perform document scanning, conversion, and destruction services. (Fiscal Impact: $142,935 is available in the Development Services current fiscal year budget to extend the scanning services agreement with Matrix Imaging, Inc. through FY 2021-2022. The remaining balance of $45,921 will be included in the fiscal year 2022-2023 budget) 7. PULLED BY COUNCIL MEMBER GIROUX MOTION by Council Member Giroux, SECONDED by Mayor Pro Tern Pimentel approving Consent Agenda items 5, 6, 7, 9, 10, 11, 12, and 14 . MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 3 Page 20 of 199 PULLED ITEM: 7. Proposed Los Angeles Chargers Headquarters and Training Facility Development and Raytheon Storage Facility Relocation Project Development Agreement and Ordinance second reading (2000 E. El Segundo Boulevard) (Fiscal Impact: As proposed, development of this project and relocation of the storage facility will have limited financial benefit to the City's General Fund. The 2015 Gross Fiscal Impact and Economic Benefit Analysis for the overall El Segundo South Campus Specific Plan (ESSCSP) estimated a possible General Fund annual revenue increase of up to $2,600,000 at theoretical buildout of the full ESSCSP area. After the proposed project is developed, the maximum future recurring General Fund revenue amount will be lower than initially estimated due to this proposed use not being a more traditional office building and/or retail development. The proposed Development Agreement Amendment includes three, one-time contributions of $1,000,000 for a total of $3,000,000 to be deposited into the City's General Fund to be used to support the Plunge swimming pool rehabilitation capital improvement project.) Council Discussion MOTION by Council Member Nicol, SECONDED by Council Member Pirsztuk approving Ordinance No. 1631 and proposed Los Angeles Chargers Headquarters and Training Facility Development and Raytheon Storage Facility Relocation Project Development Agreement. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Pimentel Pirsztuk Nicol NO: Giroux C. PUBLIC HEARING: 8. Resolution adopting Preferential Parking Zone 2 for Portions of California Street, Holly Street, and Kansas Street (Fiscal Impact: None) Mayor Boyles stated the Public Hearing is continued to the January 18, 2022 City Council Meeting. 9. Park Place Roadway Extension and Grade Separation Project Addendum to Final Environmental Impact Report and Agreements for Engineering Design (Fiscal Impact: The total project design cost of $8,035,367 is to be funded from Measure R and Prop C. The first year cost of $7,129,514 is Included in the Adopted FY 2021/22 Budget, and the rest of the project cost of $905,853 will be proposed in the FY 2022/23 budget) Elias Sassoon, Public Works Director, introduced and reported on the item. Phillip Balmeo, P.E. LEED A.P with Moffatt & Nichol gave a presentation. EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 4 Page 21 of 199 Council discussion Mark Hensley, City Attorney read by title only; RESOLUTION NO. 5302 A RESOLUTION APPROVING AN ADDENDUM (EA-1320) TO THE EL SEGUNDO PARK PLACE EXTENSION AND GRADE SEPARATION PROJECT ENVIRONMENTAL IMPACT REPORT MOTION by Council Member Pirsztuk, SECONDED by Council Member Nicol adopting Resolution No. 5302. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk authorizing the City Manager to execute Professional Service Agreement No. 6246 with Moffatt & Nichol for $7,285,367 for the engineering design of the Park Place Roadway Extension and Grade Separation project and authorize an additional $500,000 for design related contingencies. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MOTION by Council Member Pirsztuk, SECONDED by Council Member Giroux authorizing the City Manager to execute Professional Service Agreement No. 6247 with Michael Baker International, Inc. for $250,000 for consulting services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS: None 10. Recruitment Process for Positions on the Committees, Commissions and Boards (Fiscal Impact: None) Scott Mitnick, City Manager, reported on the item. Council Discussion MOTION by Council Member Giroux, SECONDED by Council Member Nicol directing staff to open the recruitment process for the positions on the Committees, Commissions and Boards that expire in 2022. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. REPORTS — CITY CLERK — No Report G. REPORTS — CITY TREASURER — Not present H. REPORTS — COUNCIL MEMBERS — Council Member Giroux — Shout out to Connie Thrasher, "Pitbull of Pickle Ball" She hosted the Jingle Fest Tournament and a thank you to Shawn Green for working with Connie on the tournament. EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 5 Page 22 of 199 Council Member Nicol — Shout out to Kiwanis and the POA for this year's Santa's Sleigh event. Merry Christmas to all and Happy Holidays. Council Member Pirsztuk — For a future agenda, would like a discussion regarding creating a park development fee and thanked all those involved in the Candy Cane Lane event. Wished everyone a Merry Christmas and a Happy 2022. Mayor Pro Tern Pimentel — Mentioned the James Webb Telescope will go up on Christmas Eve morning, Transportation Committee was dark this month, redistricting moves El Segundo to South Bay Assembly District and for County we move to District 2, commended the Fire Department on a responding to call after the opening of Candy Cane, exceptional service. Mayor Boyles — Desalination will be discussed at the West Basin's Board meeting tomorrow night, commended the Chamber on another great parade and attended the ESP Volunteer luncheon (El Segundo Police Volunteers). 11. Variances for Mr. S Claus (Fiscal Impact: None) Council Discussion MOTION by Council Member Pirsztuk, SECONDED by Council Member Nicol approving all variances for Mr. S Claus. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY ATTORNEY — Happy Holidays and Merry Christmas to all. J. REPORTS/FOLLOW-UP — CITY MANAGER — Gave an overview on items coming up on agendas, mentioned the days facilities will be closed during the holidays, questions check the website and stated the next Council Meeting will be held January 18, 2022. MEMORIALS — None Adjournment at 7:11 PM Tracy Weaver, City Clerk EL SEGUNDO CITY COUNCIL MEETING MINUTES DECEMBER 21, 2021 PAGE 6 Page 23 of 199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.6 TITLE: Warrant Demand Register for December 13, 2021 through January 04, 2022 RECOMMENDATION: Ratify payroll and employee benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and, wire transfers. 2. Approve Warrant Demand Register numbers 12A and 1213: warrant numbers 3038604 through 3038823, and 9002323. FISCAL IMPACT: The warrants presented were drawn in payment of demands included within the FY 2021-2022 Adopted Budget. The total of $2,781,237.64 ($1,150,020.24 in check warrants and $1,631,217.40 in wire warrants) are for demands drawn on the FY 2021- 2022 Budget. BACKGROUND: California Government Code Section 37208 provides General Law cities flexibility in how budgeted warrants, demands, and payroll are audited and ratified by their legislative body. Pursuant to Section 37208 of the California Government Code, warrants drawn in payments of demands are certified by the City's Chief Financial Officer and City Manager as conforming to the authorized expenditures set forth in the City Council adopted budget need not be audited by the City Council prior to payment, but may be presented to the City Council at the first meeting after delivery. In government finance, a warrant is a written order to pay that instructs a federal, state, county, or city government treasurer to pay the warrant holder on demand or after a specific date. Such warrants look like checks and clear through the banking system like checks. Warrants are issued for payroll to individual employees, accounts payable to vendors, to local governments, and to companies or individual taxpayers receiving a Page 24 of 199 Warrant Demand Register January 18, 2022 Page 2 of 2 refund. DISCUSSION: The attached Warrants Listing delineates the warrants that have been paid for the period identified above. The Chief Financial Officer certifies that the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the City Council at its first meeting after the delivery of the warrants. CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Objective 5B: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Wei Cao, CPA, CPFO, Management Analyst REVIEWED BY: Joseph Lillio, Chief Financial Officer APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Register 12a Summary pages 2. Register 12b summary pages Page 25 of 199 3038604 - 3039735 13002323 - D01 f04 IDS ton 169 110 fir 112 114 115 Ila 117 118 119 720 121 122 T23 124 125 i26 125 i29 130 131 202 701 302 405 Sat 502 503 Sos 601 cot a03 701 T02 703 704 708 GENERAL WNO TRAFFIC SAFETY FUND STATE GAS TAX FUND ASSOCIATES RECREATION ACTIV41ES FUND ASSET FORFEITu1tE FUND MCAuRE"R' COMM. REVEL. SLOCtS GRANT PROP"A"TRANSPORTATION PROP "C"TRANSPORTATION AIR OVALITY INVESTMENT PROGRAM HOME SOUND INSTALLATION FUND HYPERION MITIGATION FUND TOAARTiCL£ 3 - SIR 871 BIKEWAY FUND MTA GRANT C.O.P.S. FUND FEMA LAW A FUND PSAF PROPERTY TAX PUBLIC SAFETY FEDERAL GRANTS STATE GRANT AP CUPA PROGRAM OVERSIGHT SURCHARGE 56-1 CERTIFIEDACCESS SPECIALIST PROGRAM AFFORDABLE HOUSENG COUNTY STORM WATER PROGRAM ASSESSMENT DISTRICT 073 CAPITAL IMPROVEMENT FUND INFRASTRUCTURE REPLACEMENT POND FACILITiFS MAINTENANCE WATER knit-ITY FUND WASTEWATER FUND GOLFCOURSEFUND SOLID WASTF FUND EOVIPMENT REPLACEMENT LIABILITY INSURANCE WORKERS COMP. RF.SERVEhNSURANCE RETIRED FMP- INSURANCE EXPENDABLE TRUST FUND -DEVELOPER FEES EXPENDABLE TRUST FUND - OTHER CULTURAL. DEVELOPMENT OUTSIDE SERVICES TRUST TOTAL WARRANTS STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures Es available in the Oireclor of Finarr Ws office In She City of E3 Segundo. I Certify as to the IrMaysoy of the Demands and the avallablllty of fund for payment thereof. For Approvai: Regular checks held for City council authorinbon to WeaSe. CODES: C)TY OF EL SEGUNDO WARRANTS TOTALS 13Y FUND DATE OF APPROVAL: AS OF D1I04r22 REGISTER M 12A 669,012.1i 15,107.1 Q 88.28 12.600.00 11,108.00 21,978.78 21,039.61 30.10 115.572.29 6,000.00 1,540.60 11,fiR0.52 546.6C / R = Computer generated checks for all non-emergencylurgency payments for materials, supplies and services in support of City Operations For Ratification: A = Payroll and Employee Benefit checks VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUI: TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: AP- U A Computer generated Early Release disbursements andlor adjustments approved bythe City Manager. Such as: payments for ulility services, petty cash and employee travel expense NOTES reimbursements, various refunds, contract employae sarvices consistent glib current contractual agroamenis, instances wham prompl payment discounts can be o4tained or fate payment pon, Ilies N W �can be avolded ni whon a situation arises that the City Manager approves. Handmi€fart Early Rel se dis rsemems dlot adjustments approved by the City Manager- Kca Cf31EF FINANCIAL OFFICER � € CITY MANAGER� ` }� wDATE: DATE: (6� �S 1I IY/ . M rn O CD N O (1S d CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/13121 THROUGH 12/19/21 Date Ea„ee 12/13/2021 IRS 231,185.18 12/13/2021 Employment Development 4,074.79 12/13/2021 Employment Development 50,509.19 12/15/2021 Cal Pers 13,522.02 12/15/2021 Cal Pers 27,453.54 12/15/2021 Cal Pers 39,661.88 12/15/2021 Cal Pers 43.522.27 12115/2021 Cal Pers 63,575.20 12/15/2021 Cal Pers 52,976,23 12115/2021 Cal Pers 3,296.92 12/15/2021 California EDD 7,341.72 12/16/2021 Cal Pers 13,501,26 12/16/2021 Cal Pers 27,294.52 12/16/2021 Cal Pers 37,123.04 12/16/2021 Cal Pers 43,442.40 12/16/2021 Cal Pers 64,115.70 12/16/2021 Cal Pers 52,908.60 12/1612021 Cal Pers 3,296.92 12/06/21-12/12121 Workers Comp Activity 24,611.43 12/06/21-12/12/21 Liability Trust - Claims 34,071.99 12/06/21-12/12/21 Retiree Health Insurance 11,521,34 DATE OF RATIFICATION: 12/20/21 TOTAL PAYMENTS BY WIRE: 849,006.14 Certified as to the accuracy of the wire transfers by: Treasury & Customer ervices Manager Date Date ?,-Z7 Date Descrir)tion Federal941 Deposit State SDI payment State PIT Withholding EFT Retirement Safety-Fire-PEPRA New 25020 EFT Retirement Safety-Police-PEPRA New 25021 EFT Retirement Misc - PEPRA New 26013 EFT Retirement Misc - Classic 27 EFT Retirement Safety Police Classic - 1 st Tier 28 EFT Retirement Safety Fire- Classic 30168 EFT Retirement Sfty Police Classic-2nd Tier 30169 Reconciliation payment EFT Retirement Safety-Fire-PEPRA New 25020 EFT Retirement Safety-Police-PEPRA New 25021 EFT Retirement Misc - PEPRA New 26013 EFT Retirement Misc - Classic 27 EFT Retirement Safety Police Classic - 1st Tier 28 EFT Retirement Safety Fire- Classic 30168 EFT Retirement Sfty Police Classic-2nd Tier 30169 SCRMA checks issued, less Swiss Re check reimbursement Claim checks issued/(voided) Health Reimbursment checks issued 849,006.14 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P:1City Treasurer4Wire TransferslWEre Transfers 07-01-21 to 6-30-22 12/20/2021 111 M rn 0 rl— a� o_ CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 01 /04/22 REGISTER # 12A DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL. GOVERNMENT 1101 City Council 95.56 1201 City Treasurer 1300 City Clerk 2101 City Manager 115.31 2102 Communications 6,033.00 2201 City Attorney 7,312.50 2401 Economic Development 7,300.00 2402 Planning 632.18 2500 Administrative Services 66,810.18 2601 Government Buildings 17,277.39 2700 Community Outreach/Planning 3,43420 2900 Nondepartmental 7,109.98 6100 Library 13,911,65 130,031,95 PUBLIC SAFETY 3100 Police 433,813.62 3200 Fire 38,141.58 2403 Building Safety 2404 Ping/Bldg Sfty Administration 6,892.91 478,WA 1 PUBLIC WORKS 4101 Engineering 10,062.47 4200 Streets/Park Maintenance 29,359.83 4300 Wastewater 20,373.50 4601 Equipment Maintenance 4,007.60 4801 Administration 63,803,40 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 19,364.63 5400 Centennial 19,364.63 EXPENDITURES CAPITAL IMPROVEMENT 11,108.00 ALL OTHER ACCOUNTS 185,834.34 TOTAL WARRANTS 883,990.43 Page 28 of 199 3038736 - 3038823 001 GENERAEFUND 104 TRAFFIC SAFETY FUND IDS STATE GAS TAX FUND tog ASSOCIATED RECREATION ACTIVITIES FUND 109 ASSET FORFE1TuAX FUND 110 MEAURE-W III COMM. DEVEL. BLOCK GRANT 112 PROP `A' TRANSPORTATION 114 PROP'C' TRANSPORTATION 115 AIR QUALITY INVESTMENT PROGRAM 716 HOME SOUND INSTALLATION FUND 117 HYPERION MITIGATION FUND 118 TDA ARTICLE 3- S6 a21 DIKEWAY FUND 119 MTA GRANT 120 CO.P,S.FUNO 121 FEMA 122 LAW,A, FUND 123 PSAF PROPERTY TAX PUBLIC SAFETY 124 FEDERAL GRANTS 125 STATE GRANT 126 Alp CUPA PROGRAM GVERSIGHT SURCRARGE 126 SS-1 129 CERTIFIED ACCESS SPECIALIST PROGRAM 130 AFFORDABLE HOUSING 131 COUNTY STORM WATER PROGRAM 202 ASSESSMENT DISTRICT a73 301 CAPITAL IMPROVEMENT FUND 302 INFRASTRUCTURE REPLACEMENT FUND 405 FACILITIES MAINTENANCE 501 WATER UTIUTY FUND S02 WASTEWATER FUND 503 GOLF COURSE FUND 505 SOLID WASTE FUND 601 EQUIPMENT REPLACEMENT 602 LIABILITY INSURANCE 603 WORKERS COMP, RESERVEINSURANCE 701 RETIRED EMP. INSURANCE 702 EXPENDABLE TRUST FUND. DEVELOPER FEES 703 EXPENDABLE TRUST FUND -OTHER 704 CULTURAL DEVELOPMENT 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS STATE OF CALIFORNIA COUNTY OF LOS ANGELES 10IORTIallm on actual expencilures is availatlle In the Dkeclor of Financa's Office in fhe City Of FI Segundo. I certify as It the accuracy of the Demands and the availability of fund lorpaymenl Ihereol. Far Approval: Regular checks held for City council aulhonzallon la release. CODES: CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 149,063.94 5,003,00 1,092.00 2.80 37,631,71 6,555 00 8.719.26 47,033.25 49,16 207.19 1,500.00 3,29250 $ 261,029.81 R = Computer generated checks for all rl rnarnergenuylurgency payments for matanal, suppbas and services in supporl Of City Operations FOr Ratification: A = Payroll and Employee Benefit checks AP-U. COmpulergenerated Eady Release disbursements andloradjuslmems approved Lytha City Manager. Such es; payments for utility services, petty cash and employee navel expense reimEurSemen(s. various refunds, contract employee services rnnsislenl with current cantracluat agreements, instances wflere prompt payment diseounls can be obtained er late payment panaf es H = �can be avoided or when a situalion wises that the City Manager approves. Hendwrillen Early RINe se tlisburs ersls a r adjuslmems approved by the Clty Manager, CHIEF FINANCIAL OFFICER CITY MANAGER DATE: DATE; PATE OF APPROVAL: AS OF 0144t22 REGISTER III 12B VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: NOTES Page 29 of 199 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 12/20/21 THROUGH 12/26/21 _ Date payee 12/22/2021 Dept. of Health Care Svcs 12/24/2021 IRS 12/2412021 Employment Development 12/24/2021 Employment Development 12/24/2021 Mission Square 12/24/2021 Mission Square 12/2412021 Mission Square 12/13/21 -12/19/21 Workers Comp Activity 12/13/21-12/19/21 Liability Trust - Claims 12/13/21-12119/21 Retiree Health Insurance DATE OF RATIFICATION: 12/27121 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Services Manager City 7,051.62 449,702.44 5,721,77 113, 559.92 92, 068.38 1,198.62 550.00 46,518.81 65,839.70 0.00 782,211.26 Date JJ C n ^. Date �C! Date Description Ground EMT Transport Q3-21 Federal 941 Deposit State SDI payment State PIT Withholding 457 payment Vantagepoint 401(a) payment Vantagepoint IRA payment Vantagepoint SCRMA checks issued, less Swiss Re check reimbursement Claim checks issued/(voided) Health Reimbursment checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo, 782,211.26 PACity TreasurerlWire Transfers\Wire Transfers 07-01-21 to 6-30-22 12/27/2021 PYle 30 of 199 CITY OF EL SEGUNDO WARRANTS TOTALS BY DEPARTMENT AS OF 01/04/22 REGISTER # 12B DEPT# NAME TOTAL GENERAL FUND DEPARTMENTAL EXPENDITURES GENERAL GOVERNMENT 1101 City Council 1201 City Treasurer 231.30 1300 City Clerk 2101 City Manager 775.41 2102 Communications 1,762.80 2201 City Attorney 2401 Economic Development 4,615.00 2402 Planning 834.56 2500 Administrative Services 6,556.05 2601 Government Buildings 38,117,91 2700 Community Outreach/Planning 12,884.61 2900 Nondepartmental 1,092.00 6100 Library 10,922.68 4,011,21 81,803.53 PUBLIC SAFETY 3100 Police 459.36 3200 Fire 9,419.32 2403 Building Safety 500.00 2404 Ping/Bldg Sfty Administration 3,218 78 13,597.46 PUBLIC WORKS 4101 Engineering 1,648,68 4200 Streets/Park Maintenance 9,632.91 4300 Wastewater 30,193.80 4601 Equipment Maintenance 25,961.36 4801 Administration 44.56 67,481.31 COMMUNITY DEVELOPMENT 5100,5200 Recreation & Parks 8,820.76 5400 Centennial 8,820.76 EXPENDITURES CAPITAL IMPROVEMENT 6,555.00 ALL OTHER ACCOUNTS 82,771 75 TOTAL WARRANTS 261,029.81 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.7 TITLE: Resolution Approving Design and Plans for Sewer Inspection Project RECOMMENDATION: Adopt Resolution approving design and plans for the Sewer Closed Circuit Television Inspection Project, Project No. PW 21-12. 2. Authorize staff to advertise the Sewer Closed Circuit Television Inspection Project for bids. FISCAL IMPACT: Included in Adopted FY 2021/22 Budget Amount Budgeted: $285,000 Additional Appropriation: No Account Number(s): 502-400-8204-8647 BACKGROUND: Approximately every ten years, the City hires a contractor to perform Closed Circuit Television (CCTV) inspections to monitor pipe conditions and identify defects of the existing underground sanitary sewer collection system. This will allow staff to establish and prioritize future projects for rehabilitation of the existing underground sanitary sewer system. The last sanitary sewer CCTV inspection project occurred in 2011 and most of the identified defects have been repaired, with total repair work anticipated to be complete by the end of this year. DISCUSSION: This proposed project will provide the needed information so that any needed repair to the underground sanitary sewer collection system can be prioritized, planned, designed, Page 32 of 199 Sewer Inspection Project January 18, 2022 Page 2 of 2 and done as part of future capital improvement projects. Staff recommends City Council to approve the recommended actions as noted. With the City Council's authorization, the anticipated schedule for this project is as follows: January 2022: Project Bid March 2022: Contract Award April 2022: Begin the Work August 2022: Project Completion CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity, and Inclusion Objective 1A: El Segundo provides unparalleled service to internal and external customers. Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and effective community. PREPARED BY: Floriza Rivera, Principal Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity Map - Sewer Inspection Project 2. Location Map - Sewer Inspection Project 3. Resolution for Sewer Inspection Project Page 33 of 199 Vicinity Map ELEGUNDO Citywide Sewer Closed Circuit Television (CCTV) Inspection Project 1-•�• T Ill, F1 Pr 73 E Wal nett .Ave E Sycaniore Ave ' E Maple Aire El Segundo j sn High 7) n Schaal t' E Mariposa Ave T --••� Recrettian j ElSegundo Park M 4 —...I {.t} E Grand Ave �} LL .W Grand Ave V E Franklin Ave { a ' — — w-E EI Segundo Bkvd C hey ron Raytheon Spa=e Park L nd is a Lur ne k Syshe m s 1 � T he { V Lakes all Course 1 j, Plaza El +"Segundo {4 � 35th 8t aJOE E d0 -2 27th St i s - klHagv Lena W 111th St Schc :xhc d Y1f aY I I R I I a. � I � I y} LosAngeles --- Air Force Base l.4ire E El SegLMtrBfvd J blarin�s 4 �N �'vent►r u u 4 s u 6,018.7 1 1 0 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. F Page 34 of 199 Location Map Ei`�EGUND° Citywide Sewer Closed Circuit Television (CCTV) Inspection Project , —E Imperial Aw ti t3i{iji I I' I EWlalnutAve E Syr cakrore Ave E Maple Ave EI ;...fuiitJci A �:tilr•I e E Mariposa Ave fetir�Lltlon y E159g"irlde Park, w W Grand Ave t E Grand Ave 01 E Franklin Ave f AtW C° way r% rn C• 0" a at a { z z ti z LoSAiijblo AI, forl.o K OJ6r a RaythQan Spx,a L Lt Sing, and Air urnr %gt*Ms tf I' h, V. t LJu• . •II � .� �„rr� C PILr.'Ls t I �lumk� q_ in dq -g 35th $t T. � � O °0 0 27th St , is L 4 G` ice eve Marilee Ave I. IN 111th St JJj+��ff �Ik IS. t Marine Avenue a Parts � m I AIr%� ,018.7 0 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The Cit of EI Segundo will not be held responsible for any claims, losses or damages resulting IGS_1984_Web_Mercator_Auxiliary_Sphere from the use of this map. I ram---------�--- -�=-r�w1r - 4 Li $RQtJ1G �. r..J r:. Legend — City Boundary 0 Project Region Notes RESOLUTION NO. A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE SEWER CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT. 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 Engineer prepared specifications requesting the Sewer CCTV Inspection Project (the "Project"). These are complete. Bidding for the Project may begin; B. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans of the Project. SECTION 2: Design Immunity; Authorization. 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 commenced. C. The approval granted by this Resolution conforms with the City's General Plan. D. 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. E. 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: Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project ("Project Payment Account") following receipt of bids. The Project Payment Account will be the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. Resolution No. Page 1 of 2 Page 36 of 199 SECTION 5: Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6: Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7: City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED AND ADOPTED this day of 12022. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2022, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Resolution No. Page 2 of 2 Page 37 of 199 Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK HENSLEY, CITY ATTORNEY Joaquin Vazquez, Deputy City Attorney Resolution No. Page 3 of 2 Page 38 of 199 {:ICVoy EL E UND TITLE: City Council Agenda Statement Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.8 Construction Contract with FS Contractors Inc. for FY 2021-2022 Annual Concrete Improvements Project RECOMMENDATION: 1. Reject Minako America Corporation's bid as nonresponsive. 2. Authorize the City Manager to execute a standard Public Works Construction Contract with FS Contractors, Inc. for $250,981 for the FY 2021-2022 Annual Concrete Improvements Project (Project No. PW 21-10), and authorize an additional $49,000 as contingency funds for potential unforeseen conditions. FISCAL IMPACT: Included in Adopted FY 2021-2022 Budget Amount Budgeted: $300,000 Additional Appropriation: None Account Number(s): 106-400-8203-8606 (Sidewalk Repair — Gas Tax Fund) 301-400-8203-8705 (Sidewalk Repair— CIP Fund) BACKGROUND: On August 17, 2021, the City Council adopted the plans and specifications for the FY 21/22 Annual Concrete Improvements Project (Project) to repair defective sidewalks, driveway approaches, curbs and gutters throughout the City, and authorized staff to advertise this project for construction. Subsequently, this project was advertised and on September 7, 2021, the City Clerk received and opened two bids as follows: 1. Minako America Corporation dba Minco Construction $211,985 2. FS Contractors, Inc. $250,981 Page 39 of 199 Award FY 2021-2022 Annual Concrete Improvements Project January 18, 2022 Page 2 of 3 At that time, Minako America Corporation dba Minco Construction (Minco) was found to be the lowest responsive and responsible bidder. On October 5, 2021, the City Council authorized the City Manager to execute a construction contract with this construction company. On November 22, 2021, the Department of Industrial Relations (DIR) informed staff that its enforcement department had determined. in its case no. LB6333, that Minco had violated Labor Code section 1777.5. This attached August 11, 2021 DIR decision imposes a penalty of a one-year debarment, beginning November 11, 2021, from working on California public works projects in accordance with Labor Code section 1777.1, which prohibits a debarred party from bidding on or being awarded a contract for a public works project. Accordingly, the City, as of November 11, 2021, has been legally precluded from awarding and entering into the subject contract to Minco (Lab. Code, § 1777.1, subd. (a)). Further, any agency who proceeds with public works projects with Minco is subject to civil penalties. DISCUSSION: On November 22, 2021, while the contract with Minco had not yet been finalized, staff informed Minco of the DIR's notification and the fact that the construction contract with this firm would not be executed, in accordance with the DIR decision. Subsequently, staff contacted FS Contractors, Inc. (FS Contractors), the apparent second lowest bidder. This firm agreed to a 90-day extension to the validity of their bid proposal. FS Contractor's proposal would have expired December 6, but is now valid until March 6, 2022. Given the circumstances, FS Contractors is the apparent lowest responsive and responsible bidder at this time. Their state license and DIR registration are in good standing, and they have satisfactorily completed similar projects for the City of El Segundo, the County of Los Angeles and the Cities of Santa Clarita, West Hollywood, Duarte, and Claremont. At this time, staff would like to respectfully ask City Council to approve the recommended actions as noted. With the City Council's authorization, the anticipated schedule for this project is as follows: January 2022: Contract Award March 2022: Begin Construction May 2022: Project Completion CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity, and Inclusion Objective 1A: El Segundo provides unparalleled service to internal and external customers. Page 40 of 199 Award FY 2021-2022 Annual Concrete Improvements Project January 18, 2022 Page 3 of 3 Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and effective community. PREPARED BY: Floriza Rivera, Principal Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity Map PW 21-10 2. Location Map PW 21-10 3. Letter from DIR re Minco Debarment 4. Public Works Contract for FS Contractors PW 21-10 5. Pages from Decision LB-6333 Page 41 of 199 Vicinity Map ELEGUNDO PW 21-10: FY 21 /22 Annual Concrete Improvements E Wal nut Ave E SycaniaFeAv ~.� E Mapl a Ave El Segunck) I High M ; School Z _ E MaFiposaAv n � c3 Recreation v, j ElSegundo Park 0 � Grand Ave E Fand Ave a ]C E FFanklin Ave E W 111th St D 'o us O y C jr C} '� LosAngele a� R U3 Air Forceru e Base Ie1.,11� Cra ,� 1t M Raytheon Spa=e E El Seq gdv-BW andAirborne S} Stems j I D T he Lakes olf Course x'gyte I1 Plaza EI Seg u ndu I. G E ,xllage 27111 st 7 foe Marine Ave o4 Marine Avenue Pv rk 6,018.7 1 1 0 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. Le fd S Page 42 of 199 ELSEGUNDO Location Map PW 21-10: FY 21/22 Annual Concrete Improvements Project imperial lal flvr WV 4 ImPerEai 1-lw�----,.._.._.._.._. kVer } �_- r '•� W Imperial Ave E Imperial Ave Eo an _ WAca Ave r` Acacia Ave � 4 G ca fL ,, en E Walt we W WalnutAveca a� VL 2 °p W SycamoreAMt EBycamareL40 •E camF I `u Ln j I:sn maple Ave E Maple Ave .A E ;' r= r G W O 3 E Oak Awe o sit E Ave IWD iL_ o j wEr W Balm Avem El Segundo o � Meet E Palm Ave Richmond Library High School j Street Park Elementaryt Elm A i..T Elementary Vw Mariposve - E Mariposa Ave c 06 j S Vw Ie Ave E Pine "� v, an (n "� Z o R,ecr-awn E EISe undo ra I 0ol4w EI Segundo "' Park g Holly Awe- e - y Q F,IFJdIe I._.._.._ Sch„ I - a Y us �V Ftnihkiln Ave fl .................1 Vy €I Segundo Blvd a� t 0 Park E Grand Ave Ift w - St - W Anthony r o £ E Franklin Avt E El Segundo Blvd C he,,ron h Empbyree Pirk. c9 0 3,009.3 0 1,504.66 3,009.3 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of EI Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web_Mercator_Auxiliary_Sphere from the use of this map. Legend -•• City Boundary 0 Concrete Repair Areas Notes STATE OF CALIFORNIA Gavin Newsom, Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Labor Standards Enforcement 7575 Metropolitan Drive, Suite 210 San Diego, CA 92108-4424 Tel: (619) 767-2023 Fax: (619) 767-2026 Lance A. Grucela Staff Attorney Lifan Xu November 22, 2021 City Engineer City of El Segundo Department of Public Works 350 Main Street El Segundo, CA 90245 via US Mail and email to lxukelsegundo.org Re: Prime Contractor: Minako America Corporation dba Minco Construction Project: FY 20/21 Annual Concrete Improvements Project Subject: Notice of Debarred Contractor Mr. Xu: Pursuant to Labor Code section 1777.1(f) and California Code of Regulations, Title 8, section 16801(a)(K), please be advised the following contractor(s), which have been awarded a contract for the FY 20/21 Annual Concrete Improvements Project for the City of El Segundo have been debarred: MINAKO AMERICA CORPORATION dba MINCO CONSTRUCTION; AND REFAAT HILMAY MINA, an individual, an individual and as RMO/CEO/President (collectively referred to as "Minco") The attached Decision Re: Debarment became effective on September 27, 2021, and provides that Minco and any firm, corporation, partnership, or association in which those individuals or entities have any interest as defined in Labor Code section 1777.1, or substantial interest as defined by California Code of Regulations, Title 8, section 16800, shall be ineligible to either bid on, be awarded a contract for, or perform work on any public works project for a period of one year. (Also see Pub. Contract Code § 6109.) As a result of the debarment, Minco is disqualified from registering as a public works contractor with the Department of Industrial Relations. Registration is a statutory perquisite to bid on or be engaged in the performance of any contract for public works. (Lab. Code § 1771.1(a).) Please be further advised that an awarding body that enters into a contract with or permits an unregistered contractor to engage in the performance of any public work is subject to civil penalties of $100.00 for each day of violation. (Lab. Code §§ 1773.3, subd. (c)(1), (d).) The Labor Commissioner's Office wishes to respectfully alert the City of this potential liability if Minco were to engage in the performance of any public works projects during this unregistered debarment period. Page 44 of 199 City of El Segundo Notice of Debarred Contractor November 22, 2021 Page 2 of 2 The Labor Commissioner's Office is committed to promoting compliance with workplace protections for vulnerable workers, which also levels the playing field and supports responsible, law-abiding contractors. We hope to continue in strong partnership with the City toward these worthy goals. Sincerely, ance A. Grucela Attorney for the Labor Commissioner Encl. Cc: Mark D. Hensley, City Attorney, via email only to mhensleykhensleylaw roue. coin Page 45 of 199 I STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 2 DIVISION OF LABOR STANDARDS ENFORCEMENT Patricia Salazar, Esq. (SBN 249935) 3 320 W. 4th Street, Suite 600 Los Angeles, California 90013 4 Telephone No.: (213) 897-1511 Facsimile No.: (213) 897-2877 5 Attorney for the State Labor Commissioner 6 7 8 BEFORE THE DIVISION OF LABOR STANDARDS ENFORCEMENT 9 DEPARTMENT OF INDUSTRIAL RELATIONS 10 FOR THE STATE OF CALIFORNIA 11 12 In the Matter of the CASE NO.: LB6333 Debarment Proceeding Against: 13 PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS 14 MINAKO AMERICA CORPORATION FROM PUBLIC WORKS PROJECTS DBA MINCO CONSTRUCTION; REFAAT AFTER ISSUANCE OF PEREMPTORY 15 HILMY MINA, WRIT OF MANDAMUS BY THE SUPERIOR COURT OF LOS ANGELES 16 Respondents. ON MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION'S AND 17 REFAAT HILMAY MINA'S VERIFIED PETITION FOR WRIT OF MANDATE 18 [Labor Code § 1777.1 ] 19 20 21 Debarment proceedings pursuant to Labor Code section 1777.11 were initiated by the 22 DIVISION OF LABOR STANDARDS ENFORCEMENT, STATE LABOR COMMISSIONER, 23 against the following named respondents in the administrative matter known as: MINAKO 24 AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA. 25 The hearing in this matter was held in Los Angeles, California on July 24 to July 26, 26 2017, December 14 to December 15, 2017, and January 8 to January 11, 2018. Patricia Salazar, 27 28 1 Unless otherwise stated, all statutory references are to the Labor Code. -1- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 46 of 199 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the Labor Commissioner's office, served as the hearing officer. On May 16, 2019, the Division of Labor Standards Enforcement issued a Proposed Statement of Decision Re: Debarment of Respondents From Public Works, and Decision re: Debarment of Respondents from Public Works Projects (collectively, the "Decision") In the Decision, the hearing officer found that Minako America Corporation dba Minco Construction and Refaat Hilmy Mina had: (1) `willfully violated public works laws on at least two projects within three years,' (2) `violated public works laws with the inten[t] to defraud on the Joint Water Project, the Bike Parking Project, and the JOC 1029 Project,' and (3) `knowingly committed serious violations of Labor Code section 1777.5 on the Long Beach Main, Joint Water Project, Bike Parking Project, JOC 1029 Project, Eastern Avenue Project, and the JOC 1026 Project. (Order2, p. 2.) The hearing officer ordered that Minako America Corporation dba Minco Construction and Refaat Hilmy Mina were ineligible to bid, be awarded a contract for a public works project, or to perform work as a subcontractor on a "public works" project for two years. (AR 43.) Accordingly, on May 16, 2019, the Labor Commissioner ordered debarment for a period of two years. On June 12, 2019, Minako America Corporation dba Minco Construction ("Minco"); Refaat Hilmy Mina (collectively, "Petitioners") filed its petition for writ of mandate in the matter entitled, Minako America Corporation dba Minco Construction; and Refaat Hilmay3 Mina v. California Department of Industrial Relations, Division of Labor Standards Enforcement and DOES I through 20, Inclusive, Case No. 19STCP02356. On June 25, 2019, the Court approved Petitioners' and Respondents California Department of Industrial Relations, Division of Labor Standards Enforcement's ("Respondent" or "DLSE") stipulation to stay the Decision pending the Court's ruling on the writ petition. The parties filed multiple briefs from July 31, 2020 to April 6, 2021. On May 11, 2021, 2 Pagination as referenced here is based on the page numbers in the Court's Minute Order, dated May 11, 2021, which constitutes part of the "Order," as defined further below. 3 The hearing officer notes Petitioner Refaat Hilmay Mina was named as "Refaat Hilmy Mina" for the administrative matter, Case No. L136333, but later named as "Refaat Hilmay Mina" in Case No. 19STCP02356. For purposes of clarity and consistency, and because this is a Proposed Statement of Decision in Case No. LB6333, the hearing officer will refer to Petitioner as "Refaat Hilmy Mina." -2- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 47 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the court issued a Minute Order, followed on June 14, 2021 by a Peremptory Writ of Mandamus, a Judgment granting the Peremptory Writ of Mandamus, and a Notice of Entry of Judgment (collectively, the "Order") I. THE COURT'S ORDER a. Prevailing Wage Violations per Sections 1777.1(a)-(b) In its Order, the Court found "substantial evidence" did not support the hearing officer's findings that Petitioners committed prevailing wage violations with "intent to defraud" pursuant to section 1777.1(a) with respect to the Joint Water Project, Bike Parking Project, and JOC 1029 Project. (Order, p. 22.) The Court further determined substantial evidence did not support the hearing officer's findings that Petitioners committed multiple "willful" violations per section 1777.1(b) within a three-year period regarding the Joint Water Project, Bike Parking Project, and JOC 1029 Project. (Id., pp. 22-23.) b. The Apprenticeship Requirements of Section 1777.5 The next issue before the Court was whether substantial evidence supported the hearing officer's findings that Petitioners committed "serious" violations of the apprenticeship requirements of section 1777.5 with respect to Long Beach Main, Joint Water Project, Bike Parking Project, JOC 1029 Project, Eastern Avenue Project, and the JOC 1026 Project. The Court cited the applicable legal authority to determine whether substantial evidence supported the hearing officer's findings of violations of the apprenticeship requirements under section 1777.5. Section 1777.1(d)(1) authorizes debarment "[i]n the event a contractor or subcontractor is determined by the Labor Commissioner to have knowingly committed a serious violation of any provision of Section 1777.5." (Order, p. 23.) "Section 1777.5 sets forth apprenticeship requirements that apply to public contractors." (Id.) In finding whether a violation is "serious, and in determining whether and for how long a party should be debarred for violating Section 1777.5," the Labor Commissioner "shall consider" five "circumstances." (Labor Code § 1777. 1 (d)(2)(A)-(E); see also Order, p. 23.) -3- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 48 of 199 I A "knowing" violation of apprenticeship requirements of section 1777.5 is determined as 2 follows: 3 For purposes of Labor Code Section 1777.7, a contractor knowingly violates Labor Code Section 1777.5 if the contractor knew or should have known of the 4 requirements of that Section and fails to comply, unless the failure to comply was due to circumstances beyond the contractor's control. There is an irrebuttable 5 presumption that a contractor knew or should have known of the requirements of Section 1777.5 if the contractor had previously been found to have violated that 6 Section, or the contract and/or bid documents notified the contractor of the obligation to comply with Labor Code provisions applicable to public works 7 projects, or the contractor had previously employed apprentices on a public works project. 8 (California Code of Regulations ("C.C.R."), tit. 8, § 231(h); see also Order, p. 23.) 9 With the exception of the hearing officer's findings of a "history of prior 10 violations," the Court found substantial evidence supported the hearing officer's findings 11 that Petitioners knowingly violated section 1777.5 for all six projects. (Order, pp. 23-24.) 12 The Court also found substantial evidence, with the exception of a "history of prior 13 violations," supported the hearing officer's findings that Petitioners' violations of section 14 1777.5 were serious. (Id., p. 24.) The Court pointed to the hearing officer's findings of 15 violations under section 1777.5 as serious to include: the violations were intentional, and 16 Minco failed to employ 3,300 apprentice hours depriving "apprentices of learning 17 opportunities during the span of three years or more." (Id.)(citing AR 41-42; see also 18 Labor Code § 1777. 1 (d)(2)(A), (C)-(E).) 19 Moreover, and with the exception of a "history of prior violations," the Court 20 referenced multiple examples from the administrative record in support of this same 21 conclusion, including: 22 • Each of the six public works contracts or bid documents notified Petitioners of 23 the obligation to comply with Labor Code provisions applicable to public 24 work projects. (Order, p. 24)(citing AR 198; 543; 820; 1081; 1214.) 25 • Petitioners' admission they failed to submit DAS 140 (Contract Award Information) and DAS 142 (Request for Dispatch of an Apprentice) forms to 26 the union Joint Apprenticeship Training Committees. (Id.)(citing AR 21-27; 27 4439, 4697-4706.) 28 • DLSE testimony from its investigators and documentary evidence that support -4- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 49 of 199 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the findings of apprenticeship violations. (Id.)(citing to AR 21-27; see e.g. DLSE Exhibits 6-42 at AR 181-1104; see also AR 4292-4362 [Chen testimony].) Petitioners did not "challenge or dispute this evidence in their writ briefs." (Order, p. 24.) Petitioners contended they made a "good faith mistake" and "reasonably believed" Minco could not request or employ union apprentices because of its non -union status. (Id.) The Court determined substantial evidence supported the hearing officer's rejection of this argument. The Court further concluded substantial evidence supported the hearing officer's finding that Petitioners "knew or should have known" of the apprenticeship requirements based on the following: • As noted, the public works contracts or bid documents notified Petitioners of the obligation to comply with Labor Code provisions applicable to public works projects. (Id., p. 24)(citing AR 198; 543; 820; 1081; 1214.) Petitioners' evidence — the DAS 140 forms — "explained the requirement that contractors submit contract award information to `ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. (Id.)(citing AR 41, 3201.) This was the same evidence the hearing officer considered when weighing the first "circumstance" of section 1777. 1 (d)(2)(A) regarding whether the violation was intentional, which militated toward a finding of a serious violation. (AR 41-42.) The Court then turned its attention to the second "circumstance" of section 1777. 1 (d)(2)(B) regarding whether Petitioners had committed other violations of section 1777.5. (Order, p. 25)(citing AR 42.) For the second "circumstance," the hearing officer concluded as follows: The evidence also showed a history of prior violations. In addition, the evidence demonstrates [Minco] violated this section for all six projects. (Id., p. 25.)[Emphasis added.] In rejecting the hearing officer's finding for this second "circumstance," the Court stated, "[t]hus, the hearing officer found a history of prior violations `in addition' to the six projects at issue in this case." (Id.) After requesting supplemental briefing on this specific issue, the Court concluded substantial evidence did not support the hearing officer's findings of a "history of -5- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 50 of 199 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prior violations." (Id., pp. 25-26.) The Court concluded: Based on the foregoing, substantial evidence supports the hearing officer's findings that Petitioners knowingly committed violations of Labor Code section 1777.5 on the Long Beach Main Project, Joint Water Project, Bike Parking Project, JOC 1029 Project, Eastern Avenue Project, and the JOC 1026 Project. (AR 43.) However, substantial evidence does not support the hearing officer's finding of `a history of prior violations' of the apprenticeship requirements. (AR 42.) That finding was material to the conclusion that Petitioners committed "serious" violations of section 1777.5. (AR 41-43.) The court does not know whether the hearing officer would have reached the same result without such finding. Accordingly, the matter must be remanded so that Respondent can reconsider whether Petitioners committed serious violations of section 1777.5 without the finding of a history of prior violations. [Emphasis added.] (Id., p. 26.) The Court concluded substantial evidence did not support a "history of prior violations," which was one of the findings the hearing officer cited to in support of the second "circumstance" under section 1777. 1 (d)(2)(B). (See Id., p. 26.) However, the Court did not reach the same conclusion for any of the remaining four "circumstances" of section 1777.1(d)(2). The Labor Commissioner was also required to consider the other "circumstances" in order to determine whether there was a serious violation of section 1777.5 apprenticeship requirements. c. The Propriety of the Penalty Petitioners argued DLSE failed to consider mitigating factors as required by 8 C.C.R. section 16802(a) regarding the propriety of the penalty. (Id., p. 30.) In rejecting Petitioners' argument, the Court found the hearing officer "gave a reasoned explanation for the penalty decision, and the extensive findings in the decision further show the basis for the penalty." (Id.)(citing AR 41-43; AR 12-40.) The Court further noted, "[a]s required, the hearing officer considered `the nature of the offense; the amount of underpayment of wages per worker; the experience of the Respondent in the area of public works; and the Respondent's compliance with Labor Code section 1776."' (Id.)(citing 8 C.C.R. § 16802(a).) However, in ordering the two-year debarment, the Court stated the debarment penalty was based on findings of prevailing wage violations under section 1777. 1 (a)-(b), and a finding under section 1777.1(d)(2) of a serious violation of apprenticeship requirements per section -6- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 51 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1777.5. (See Id., p. 30.) The Court remanded this matter for reconsideration, stating "it seems possible the Labor Commissioner would have reached a different decision on the penalty without the findings under" sections 1777. 1 (a)-(b), and the finding of a "history of prior violations" under section 1777.5. (Id., pp. 30-31.) II. LEGAL ANALYSIS a. The Issue The Court ordered the hearing officer to reconsider whether the two-year debarment penalty is proper in light of the Court's ruling under C.C.P. section 1094.5(f) that substantial evidence did not support the hearing officer's findings of a "history of prior violations" of the apprenticeship requirements, which finding was material to the conclusion that Petitioners committed "serious" violations of section 1777.5. In addition, the Court ordered the hearing officer to reconsider whether Petitioners committed serious violations of section 1777.5, without the finding of a "history of prior violations." b. The Hearing Officer's Reconsideration Given the Order In finding whether a violation is "serious, and in determining whether and for how long a party should be debarred for violating Section 1777.5," the Labor Commissioner "shall consider" "all of the following circumstances:" (A) Whether the violation was intentional. (B) Whether the party has committed other violations of Section 1777.5. (C) Whether, upon notice of the violation, the party took steps to voluntarily remedy the violation. (D) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (E) Whether, and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. (Labor Code § 1777.1(d)(2).) The hearing officer's findings regarding a "history of prior violations" concerned the second circumstance of section 1777. 1 (d)(2)(B), i.e., "[w]hether the party has committed other violations of Section 1777.5." The hearing officer's findings concluded, "[t]he evidence showed -7- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 52 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a "history of prior violations," which the Court later determined was not supported by substantial evidence. Section 1777.1(d)(2) is one of multiple provisions found in the Prevailing Wage Law (or, "PWL") in California. (See Azusa Land Partners v. Dep't of Indus. Rels. (2010) 191 Cal.App.4th 1, 14)("Azusa Land Partners").) In providing an overview of PWL, the California Supreme Court states it is the Legislature's intent that the public policy of California "vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under substandard unlawful conditions, and to protect employers who comply with the law from those who attempt to gain competitive advantage at the expense of their workers by failing to comply with minimum labor standards." (Id.)(citing Labor Code § 90.5.) (Lusardi Construction Co. v. Aubry (1992) 1 Cal.4th 976, 985)("Lusardi").) The PWL was also enacted to protect and benefit the workers on public works projects, the public, and are to be liberally construed. (Id.; City of Long Beach v. Dep't of Indus. Rels. (2004) 34 Cal.4th 942, 949-950.) In interpreting the statutory provisions at issue, the court's first task is to determine legislative intent. (Henson v. C. Overaa & Co. (2015) 238 Cal.App.4th 184, 193) ("Henson")(discussing Labor Code section 1777.5.) To determine intent, the courts look to the plain language of the statute which, if clear and unambiguous, will control, obviating the need for judicial construction. (Id.) However, courts do not view the language of the statute in isolation and, instead, construe the words of the statute in context, keeping in mind the statutory purpose. (Id.) The courts will choose the construction that comports most closely with the legislative intent, with a view toward promoting, not defeating, the statute's general purpose. (Azusa Land Partners, supra, 191 Cal.App.4th at 21-22.) The drafters of PWL took into account multiple considerations regarding apprenticeship requirements, including the basic idea of an apprenticeship program "to allow on-the-job training for apprentices who work under the supervision of journeymen" and "to encourage and assist persons to enter into the skilled work force..." (See Henson at 189.) With these principles in mind, the hearing officer addresses whether debarment is -8- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 53 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 warranted where the Court ruled substantial evidence did not support her findings of a "history of prior violations," and whether the hearing officer would have reached the same conclusion of "serious" violations without it. Section 1777.1(d)(2) requires the hearing officer consider all the "circumstances" to determine whether Petitioners' violations were serious in supporting a finding of debarment for violations of apprenticeship requirements under section 1777.5. The hearing officer's findings regarding a "history of prior violations" supported one of the five circumstances articulated by section 1777.1(d)(2). However, the finding of a "history of prior violations," assisted the hearing officer in considering the second circumstance of section 1777. 1 (d)(2)(B), "whether the party has committed other" section 1777.5 violations. This second "circumstance" cannot be viewed in isolation of the other "circumstances" of section 1777.1(d)(2). (See Henson, supra, 238 Cal.AppAth at 193.) Rather, the hearing officer's finding regarding a "history of prior violations" must be construed in the larger context and statutory purpose of the PWL so as not to defeat the statute's general purpose. (See Id. at 193; see also Azusa Land Partners, supra, 191 Cal.AppAth at 21- 22.) This includes the Legislature's goals behind the apprenticeship program, which is to allow on-the-job training opportunities for apprentices, and encourage and assist persons to enter into the skilled work force. (Henson at 189.) It also includes interpreting section 1777.1(d)(2) with the purpose of protecting and benefitting workers on public works projects. (Lusardi, supra, 1 CalAth at 985; City of Long Beach, supra, 34 Cal.4th at 949-950.) This is consistent with the hearing officer's other findings that Petitioners' violations were intentional, and Minco failed to employ 3,300 apprentice hours, which deprived apprentices of learning opportunities during the span of three years or more. (Order, p. 24.) These further support the hearing officer's findings of other serious violations under section 1777. 1 (d)(2)(A), (D)-(E). (See AR 41-42.) In sum, the rules of statutory construction prohibit the hearing officer from considering one of the "circumstances" of section 1777.1(d)(2) in isolation. It also requires the hearing officer to consider the legislative goals of PWL, including the drafters' considerations regarding -9- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 54 of 199 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 apprenticeship requirements, and the liberal construction of PWL provisions. Accordingly, these considerations compel the hearing officer to determine that she must consider all five "circumstances" under Labor Code section 1777.1(d)(2) to determine whether Petitioners' violations of apprenticeship requirements were "serious." Moreover, with the exception of a "history of prior violations," the Court stated the other hearing officer findings concerning the serious nature of section 1777.5 violations were supported by substantial evidence. (See Order, p. 24.) This not only included the hearing officer's findings that the violations were intentional, and Minco's failure to employ 3,300 apprentice hours deprived apprentices of learning opportunities during the span of three years or more. It also included the Court's references to multiple examples from the administrative record to support the hearing officer's, and ultimately, its conclusion, that substantial evidence supports these other findings. These examples include: (i) the public works contracts or bid documents on all six projects notifying Petitioners of the obligation to comply with Labor Code provisions applicable to public work projects; (ii) Petitioners' admission that they failed to submit DAS 140 and DAS 142 forms to the union Joint Apprenticeship Training Committees; (iii) Petitioners' evidence, the DAS 140 Forms, which explain that contractors were required to submit contract award information to "ALL" applicable apprenticeship committees of the craft or trade in the area of the site of public work; and (iv) DLSE testimony from its investigators and documentary evidence supporting the findings of apprenticeship violations. (Id., p. 24.) The hearing officer's findings regarding a "history of prior violations" may have been material to the conclusion that Petitioners committed "serious" violations of section 1777.5. However, that was not the only consideration which led to this conclusion. As discussed above, the "history of prior violations" assisted the hearing officer in considering the "second" "circumstance" of section 1777. 1 (d)(2)(B). In weighing all the circumstances of section 1777. 1 (d)(2), however, substantial evidence supports the hearing officer's other findings that Petitioners committed serious apprenticeship violations. These other findings were also material -10- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 55 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the hearing officer's conclusion. Accordingly, with the exception of a "history of prior violations," a debarment penalty remains warranted where Petitioners' violations of apprenticeship requirements under section 1777.5 were serious, based on the weighing of all the other circumstances of section 1777.1(d)(2). c. The Debarment Penalty Next, in weighing all the circumstances, with the exception of a "history of prior violations," the Labor Commissioner shall determine how long Petitioners should be disbarred. Because Petitioners knowingly committed serious violations of Labor Code section 1777.5, the Labor Commissioner may deny Petitioners "the right to bid on or to be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation." (Labor Code § 1777.1(d)(1).) The hearing officer previously ordered a two-year debarment against Petitioners. However, the Court ruled substantial evidence did not support the hearing officer's findings of prevailing wage violations under Labor Code sections 1777. 1 (a)-(b), or the finding of a "history or prior violations," which the hearing officer determined under one of the five circumstances articulated in section 1777. 1 (d)(2)(A)-(E). In light of the Court's ruling regarding no substantial evidence supported the findings of prevailing wage violations under section 1777. 1 (a)-(b), or based on a "history or prior violations," the two-year debarment is reduced to one year. III. CONCLUSION Based on the substantial evidence, and in light of the Court's Order, this Proposed Statement of Decision Re: Debarment of Petitioners from Public Work Projects is amended to state we find that MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA, knowingly committed serious violations of section 1777.5 on the Long Beach Main Project, Joint Water Project, Bike Parking Project, JOC 1029 Project, Eastern Avenue Project, and JOC 1026 Project. -11- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 56 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Debarment "Although debarment can have a severe economic impact on contractors, it `is not intended as punishment. It is instead, a necessary means to enable the contracting governmental agency to deal with irresponsible bidders and contractors, and to administer its duties with efficiency."' (Southern Cal. Underground Contractors, Inc. v. City of San Diego (2003) 108 Cal.AppAth 533, 542.) The evidence established that Minco repeatedly acted irresponsibly. With the exception of a "history of prior violations," the evidence establishes Minco knowingly committed serious violations of the apprenticeship requirements. Accordingly, debarment is appropriate. The proper period of debarment for purposes of the sanctions mandated by section 1777.1 and California Code of Regulations, Title 8, Section 16802(a), is one (1) year. The debarment applies to MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA. AMENDED ORDER OF DEBARMENT In accordance with the foregoing, it is hereby ordered that Respondents MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA, shall be ineligible to, and shall not, bid on or be awarded a contract for a public works project, and shall not perform work as a subcontractor on a "public works" project as defined by Labor Code sections 1720, 1720.2 and 1720.3, for a period of one (1) year, effective 45 days after this decision is issued by the Labor Commissioner. A one-year period is appropriate under these circumstances where Respondents MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA, knowingly committed serious violations of the apprenticeship requirements. This debarment shall also apply to any other contractor or subcontractor in which MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA, have any interest or for which either MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; REFAAT HILMY MINA, act as responsible managing employees, -12- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 57 of 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responsible managing officers, general partners, managers, supervisors, owners, partners, officers, employees, agents, consultants, or representatives. As defined under Labor Code section 1777.1(h), " `Any interest' includes, but is not limited to, all instances where the debarred contractor or subcontractor receives payments, whether cash or any other form of compensation, from any entity bidding or performing work on the public works project, or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet, or for vehicles, tools, equipment or supplies that have been or will be sold, rented or leased during the period of from the initiation of the debarment proceedings until the end of the term of the debarment period." Dated: August 11, 2021 (��&(J{ i PATRICIA A Hearing Officer -13- PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS Page 58 of 199 I STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 2 DIVISION OF LABOR STANDARDS ENFORCEMENT Patricia Salazar, Esq. (SBN 249935) 3 320 W. 4th Street, Suite 600 Los Angeles, California 90013 4 Telephone No.: (213) 897-1511 Facsimile No.: (213) 897-1511 5 Attorney for the State Labor Commissioner 6 7 8 BEFORE THE DIVISION OF LABOR STANDARDS ENFORCEMENT 9 DEPARTMENT OF INDUSTRIAL RELATIONS 10 FOR THE STATE OF CALIFORNIA 11 12 In the Matter of the CASE NO.: LB6333 Debarment Proceeding Against: 13 DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS 14 MINAKO AMERICA CORPORATION PROJECTS AFTER ISSUANCE OF DBA MINCO CONSTRUCTION; REFAAT PEREMPTORY WRIT OF MANDAMUS 15 HILMY MINA, BY THE SUPERIOR COURT OF LOS ANGELES ON MINAKO AMERICA 16 Respondents. CORPORATION DBA MINCO CONSTRUCTION'S AND REFAAT 17 HILMAY MINA'S VERIFIED PETITION FOR WRIT OF MANDATE 18 [Labor Code § 1777.1 ] 19 20 21 The Proposed Statement of Decision Re: Debarment of Respondents from Public Works 22 Projects after Issuance of Peremptory Writ of Mandamus by the Superior Court of Los Angeles 23 on Minako America Corporation dba Minco Construction's and Refaat Hilmay Mina's Verified 24 Petition for Writ of Mandate, of the undersigned attorney Patricia Salazar, debarring 25 Respondents MINAKO AMERICA CORPORATON DBA MINCO CONSTRUCTION; 26 REFAAT HILMY MINA, from working on public works projects in the State of California for 27 one year, is hereby adopted by the Division of Labor Standards Enforcement as the Decision in 28 the above -captioned matter. -1- DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUM Page 59 of 199 I This Decision shall become effective August 11 , 2021. The debarment shall 2 commence in 45 days on September 27 , 2021. 3 4 IT IS SO ORDERED. 5 Dated: 08-11-2021 STATE OF CALIFORNIA 6 DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT 7 8 C*9 LILIA GARCIA-BROWER 10 STATE LABOR COMMISSIONER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUM Page 60 of 199 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] FY 2021/2022 CONCRETE IMPROVEMENTS PROJECT PROJECT NO.: PW 21-10 This CONTRACT is entered into this 22nd day of December, 2021, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and FS Contractors, Inc., ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed TWO HUNDRED FIFTY THOUSAND NINE HUNDRED EIGHTY-ONE Dollars ($250,981) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. I Page 61 of 199 A. The Contractor will fully complete the Work within twenty-five (25) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 2 Page 62 of 199 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City 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 Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other parry will be deemed made when received by such party at its respective name and address as follows: The Qjjy Lifan Xu City Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2368 lxu&elsegundo.org The Contractor Jose Angel Fierros President FS Contractors, Inc. 14838 Bledsoe St. Sylmar, CA 91342 (818) 838-6040 a �elnfscontractorsinc. com Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, 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 3 Page 63 of 199 of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are 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 Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 4 Page 64 of 199 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Scott Mitnick City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney LI-A Joaquin Vazquez, Deputy City Attorney Insurance Reviewed by: FS CONTRACTORS, INC. Jose Angel Fierros President Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Page 65 of 199 I STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 2 DIVISION OF LABOR STANDARDS ENFORCEMENT Patricia Salazar, Esq. (SBN 249935) 3 320 W. 4th Street, Suite 600 Los Angeles, California 90013 4 Telephone No.: (213) 897-1511 Facsimile No.: (213) 897-1511 5 Attorney for the State Labor Commissioner 6 7 8 BEFORE THE DIVISION OF LABOR STANDARDS ENFORCEMENT 9 DEPARTMENT OF INDUSTRIAL RELATIONS 10 FOR THE STATE OF CALIFORNIA 11 12 In the Matter of the CASE NO.: LB6333 Debarment Proceeding Against: 13 DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS 14 MINAKO AMERICA CORPORATION PROJECTS AFTER ISSUANCE OF DBA MINCO CONSTRUCTION; REFAAT PEREMPTORY WRIT OF MANDAMUS 15 HILMY MINA, BY THE SUPERIOR COURT OF LOS ANGELES ON MINAKO AMERICA 16 Respondents. CORPORATION DBA MINCO CONSTRUCTION'S AND REFAAT 17 HILMAY MINA'S VERIFIED PETITION FOR WRIT OF MANDATE 18 [Labor Code § 1777.1 ] 19 20 21 The Proposed Statement of Decision Re: Debarment of Respondents from Public Works 22 Projects after Issuance of Peremptory Writ of Mandamus by the Superior Court of Los Angeles 23 on Minako America Corporation dba Minco Construction's and Refaat Hilmay Mina's Verified 24 Petition for Writ of Mandate, of the undersigned attorney Patricia Salazar, debarring 25 Respondents MINAKO AMERICA CORPORATON DBA MINCO CONSTRUCTION; 26 REFAAT HILMY MINA, from working on public works projects in the State of California for 27 one year, is hereby adopted by the Division of Labor Standards Enforcement as the Decision in 28 the above -captioned matter. -1- DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUM Page 66 of 199 I This Decision shall become effective August 11 , 2021. The debarment shall 2 commence in 45 days on September 27 , 2021. 3 4 IT IS SO ORDERED. 5 Dated: 08-11-2021 STATE OF CALIFORNIA 6 DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT 7 8 C*9 LILIA GARCIA-BROWER 10 STATE LABOR COMMISSIONER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUM Page 67 of 199 1 2 3 4 5 6 7 8 9 z 10 11 x �z 12 aSvJ W 13 o. �q 14 z C'U 15 w x 16 17 0 18 Cn Q 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT Patricia Salazar (SBN 249935) 320 W. 4th Street, Suite 600 Los Angeles CA 90013 Telephone No. (213) 897-1511 Facsimile No. (213) 897-2877 Attorney for the State Labor Commissioner No filing fees, court costs, etc., per Labor Code ff 101 and 101.5 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION; AND REFAAT HILMAY MINA, Petitioners, V. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT and DOES 1 through 20, Inclusive, Respondents. CASE NO. 19STCP02356 4ssigned to Honorable Mary H. Strobel, Dept. 82 PROOF OF SERVICE (Code of Civ. Proc., § 1013) PAGE 1 PROOF OF SERVICE (Code of Civ. Proc., § 1013) Page 68 of 1 1 2 3 4 5 6 7 8 9 z 10 w 11 x �z 12 �W 13 o. �q 14 z O 'U 15 w x 16 17 0 18 Cn Q 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Re: Minako LASC Case No.19STCP02356 State Case No. LB6333 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is Department of Industrial Relations, Division of Labor Standards Enforcement, 320 W. 4th Street, Suite 600, Los Angeles, California 90013. On August 13, 2021, I served the following document(s) described as: 1. RETURN TO PEREMPTORY WRIT OF MANDAMUS; 2. PROPOSED STATEMENT OF DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS BY THE SUPERIOR COURT OF LOS ANGELES ON MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION'S AND REFAAT HILMAY MINA'S VERIFIED PETITION FOR WRIT OF MANDATE; 3. DECISION RE: DEBARMENT OF RESPONDENTS FROM PUBLIC WORKS PROJECTS AFTER ISSUANCE OF PEREMPTORY WRIT OF MANDAMUS BY THE SUPERIOR COURT OF LOS ANGELES ON MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION'S AND REFAAT HILMAY MINA'S VERIFIED PETITION FOR WRIT OF MANDATE; 4. PROOF OF SERVICE on the interested party(ies) in this action as follows: Thomas W. Kovacich (TKovacich(a�aalrr.com) Jillian N. Alexander (JAlexandergaalrr.com) ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A Professional Corporation 12800 Center Court Drive South, Suite 300 CA 90703 Lance A. Grucela (LGrucela(d),dir.ca.gov) DEPARTMENT OF INDUSTRIAL RELATIONS Division of Labor Standards Enforcement 7575 Metropolitan Drive, Suite 210 San Diego, CA 92108 0 (BY MAIL) I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service. This correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business at our office address in Los Angeles, California. Service made pursuant to this paragraph, upon motion of a party served, shall be presumed invalid if the ostal cancellation date of postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. ❑ (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. PAGE 2 PROOF OF SERVICE (Code of Civ. Proc., § 1013) Page 69 of 1 1 2 3 4 5 6 7 8 9 z 10 w 11 �z 12 aSvJ W 13 o. �q 14 z C'U 15 w x 16 17 0 18 Cn Q 19 20 21 22 23 24 25 26 27 28 ❑ (BY FACSIMILE) I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the report confirming the fax transmission, which I printed out, is attached. ❑N (BY EMAIL) I caused the documents to be sent to the persons at the email addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. ❑ (PERSONAL SERVICE) I personally delivered the documents to the person or at the person's office by leaving the documents in an envelope or package clearly labeled to identify the person being served with a receptionist or an individual in charge of the office. ❑x (.STATE) I declare under penalty of perju, under the laws of the State of California that the above is true and correc . Executed on August 13, 2021, at Los Angeles, California. nna Lyn Estioko PAGE 3 PROOF OF SERVICE (Code of Civ. Proc., § 1013) Page 70 of 1 1 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.9 TITLE: FY 2022-23 & 2023-24 Biennial Budget Calendar RECOMMENDATION: Approve Fiscal Year (FY) 2022-23 & 2023-24 biennial budget calendar establishing study sessions and public hearing dates for FY 2022-23 Operating Budget, Capital Improvement Program Budget, and User Fees. FISCAL IMPACT: No additional funding requested. The annual budget process requires significant staff time and effort, which is included in the Adopted FY 2021-22 General Fund Budget. The budget calendar is the first step in developing an adopted budget on schedule. BACKGROUND: On June 15, 2021, City Council adopted an Operating and Capital Improvement Program (CIP) Budget for FY 2021-22. Prior to the adoption of the FY 2021-22 Budget, each fiscal year ran from October 1 through September 30. At the direction of City Council, a change in the fiscal year to July 1 through June 30 was implemented during the development of the FY 2020-21 Budget. In order to achieve this, the FY 2020-21 budget was adopted as a nine -month budget: October 1, 2020 through June 30, 2021. FY 2021-22 was the first twelve-month budget in the July 1 through June 30 timeframe. Staff is now recommending shifting to a biennial budget, two 1-year budget cycles: July 1, 2022 - June 30, 2023 and July 1, 2023 through June 30, 2024. This change will result in administrative efficiencies in accounting and auditing operations. DISCUSSION: Attached is the proposed FY 2022-23 & FY 2023-24 Biennial Budget Calendar. The budget calendar is the planning document for the development of the operating and capital improvement budgets. Documentation of a budget calendar assists departments Page 71 of 199 Approval of FY 2022-23 & 2023-24 Budget Calendar January 18, 2022 Page 2 of 2 in preparing for the five -month process of budget development. Staff recommends City Council approve the attached proposed budget calendar. Goal 5: Champion Economic Development and Fiscal Sustainability Objective 5B: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Joseph Lillio, Chief Financial Officer REVIEWED BY: Joseph Lillio, Chief Financial Officer APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Biennial Budget Calendar FY 2022-23 & 2023-24 Page 72 of 199 City of El Segundo Biennial Budget Preparation Calendar for FY 2022-23 & 2023-24 TIMELINE ACTION/ACTIVITY January 18, 2022 January 20, 2022 Early February 2022 February 15, 2022 Late February 2022 February 25, 2022 February 28 to March 11, 2022 Early March 2022 March 21 to April 8, 2022 City Council approves biennial Budget Calendar for Fiscal Years 2022-23 & 2023-24 Staff Budget kick off meeting - City Manager to deliver Budget message First CIP Meeting with City Council Finance Committee FY 2021-2022 mid -year report to City Council Second CIP Meeting with City Council Finance Committee Departments budget worksheets due to Finance. Chief Financial Officer & staff meet with Dept Heads and their budget staff to review departments' requests Third CIP Meeting with City Council Finance Committee Department budget reviews with the City Manager March 23, 2022 Planning Commission review of proposed 5-year CIP Plan to ensure conformity to City's General Plan Early to mid -April 2022 Strategic Planning Session with City Council April 19, 2022 Budget Study Session with City Council April 19, 2022 Annual review of City-wide user fees and fines (CPI applied) April 20-22, 2022 Department budget reviews with the City Manager - incorporating City Council direction May 18-23, 2022 Finance staff prepares and prints the Proposed Budget document May 23, 2022 Distribute Proposed Budget document Proposed FY 2022-23 & FY 2023-24 Biennial Operating and CIP Budget Public Hearing and GANN Limit for June 7, 2022 FY 2022-23 July 1, 2022 Finance to Post Adopted Biennial Budget on the City's website July 1, 2022 Beginning of new fiscal year and new user fees go into effect July 8, 2022 Apply for the CSMFO & GFOA Budget Awards Page 73 of 199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.10 TITLE: Resolution Allowing Public Meetings to Continue to be Conducted via Teleconferencing Pursuant to Assembly Bill 361 RECOMMENDATION: Approve a resolution to allow public meetings to continue to be conducted via teleconferencing pursuant to Assembly Bill No. 361 FISCAL IMPACT: None. BACKGROUND: In order to address the expiration of the Governor's Orders regarding teleconferencing, Assembly Bill No. 361 ("AB 361 ") took effect which, among other things, amends certain provisions of the Ralph M. Brown Act ("Brown Act") governing open meetings to allow teleconferencing, including internet-based video conferencing, in a manner similar to previously issued gubernatorial executive orders. DISCUSSION: On November 10, 2021, the Governor extended the COVID-19 statewide emergency to March 31, 2022. Based upon that declaration — and the most recent Orders from the Los Angeles County Health Department — it is apparent that the local emergency will continue for an unknown duration. Accordingly, it appears that the continued use of videoconferencing is in the public's best interest. City Council meetings will continue to be conducted pursuant to Government Code § 54953(e) as implemented by City Council resolution. The proposed resolution would make the requisite findings for the City Council to continue using teleconferencing protocols for its public meetings, subject to certain notice, access, and participation requirements. It would also require City Council to reconsider the state of emergency conditions and consider whether certain findings can be made to support continued use of the teleconferencing procedures and prohibit all Brown Act -subject City legislative bodies, including applicable commissions, Page 74 of 199 Resolution for Continued Teleconferencing January 18, 2022 Page 2 of 2 committees, and boards, from meeting exclusively in person except as determined by the City Manager or until the Council provides further direction in the future. The proposed resolution would direct all Brown Act -subject City legislative bodies, including applicable commissions, committees, and boards, to consider the continued adoption of findings allowing for its conducting public meetings via teleconferencing, as applicable. The resolution itself and the actions anticipated by the resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity, and Inclusion Objective 1A: El Segundo provides unparalleled service to internal and external customers. Objective 1 B: El Segundo's engagement with the community ensures excellence. PREPARED BY: Joaquin Vasquez, Assistant City Attorney REVIEWED BY: Mark Hensley, City Attorney APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: ES- Reso AB361 Extension 01182022 Page 75 of 199 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO CONTINUE CONDUCTING PUBLIC MEETINGS VIA TELECONFERENCING PURUSANT TO ASSEMBLY BILL NO. 361 AND DIRECTING CITY COMMITTEES, COMMISSIONS, AND BOARDS TO TAKE CERTAIN ASSOCIATED ACTIONS. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California due to the threat of the COVID-19 pandemic. B. This gubernatorial proclamation, among other things, suspended local government emergency declaration, reporting, and extension requirements of Government Code § 8630 for the duration of the COVID-19 pandemic. C. Effective September 16, 2021, Assembly Bill No. 361 ("AB 361 ") took effect which, among other things, amends certain provisions of the Ralph M. Brown Act ("Brown Act") governing open meetings to allow teleconferencing, including internet-based video conferencing, in a manner similar to previously issued gubernatorial executive orders. D. During a proclaimed state of emergency, AB 361 allows a legislative body, like the City Council, to continue utilizing teleconferencing to conduct public meetings under certain circumstances, provided the legislative body makes certain findings. E. The City Council has previously adopted and made findings to continue meeting via teleconferencing pursuant to AB 361 and seeks to make additional findings under Government Code § 54953(e) to continue such teleconferencing use. F. Effective November 10, 2021, the Governor extended the statewide COVID-19 emergency through March 31, 2022 (via Executive Order N-21-21). G. Government Code § 54953(e) allows the City to continue utilizing teleconferencing (which includes internet based video conferencing) to conduct public meetings under certain circumstances. SECTION 2. Teleconferencing; Ratification. -1- Page 76 of 199 0 Pursuant to Government Code § 54953(e), the City Council has reconsidered the circumstances of the state of emergency finds as follows: 1. California continues to be in a declared state of emergency pursuant to Government Code § 8625 (the California Emergency Services Act; see Government Code § 54953(e)(3); see also Governor's Proclamation dated March 4, 2020 and Executive Order N-21-21 dated November 10, 2021); and 2. Based upon the most recent Order of the Health Officer for County of Los Angeles Department of Public Health (dated December 31, 2021 and effective December 31, 2021), masks and social distancing continue to be necessary to curb the spread of COVID-19 (Government Code § 54953(e)(3)(B)(ii)). B. Accordingly, to protect public health and safety the City Council: 1. Finds that it is in the public interest to conduct public meetings of its legislative bodies via teleconference as defined by Government Code § 54953; 2. Prohibits all Brown Act -subject City legislative bodies, including applicable commissions, committees, and boards, from meeting exclusively in person, except as determined by the City Manager or until the City Council provides futher direction in the future; and 3. Directs all such Brown Act -subject City legislative bodies, including applicable commissions, committees, and boards, to consider the continued adoption of findings allowing for its conduct public meetings via teleconference as defined by Government Code § 54953 at any meeting occuring after the date of this Resolution. C. The City Council will adhere to all requirements of Government Code § 54953 governing teleconferencing during the emergency including, without limitation, posting agendas; allowing for real-time public comment via either call -in or internet-based; allowing for written communications that will be either read or summarized into the record during the meeting as determined by the City Council; and protecting the statutory and constitutional rights of all persons appearing before the legislative body. No physical location will be provided for persons wishing to provide real-time public comment. -2- Page 77 of 199 SECTION 3. Reporting. Every 30 days following adoption of this Resolution, the City Council will reconsider the extension of the teleconferencing method of public meetings in accordance with Government Code § 54953(e)(3). Such determinations may be placed on the consent calendar. SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7. City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED AND ADOPTED this day of , 2022. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 1 SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2022, and the same was so passed and adopted by the following roll call vote: /_02611 NOES: -3- Page 78 of 199 ABSENT: ABSTAIN: ATTEST: Tracy Weaver, City Clerk /_1»Y*]V/21o7_v2to] 2IfflV •5 Mark D. Hensley, City Attorney m Page 79 of 199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Consent Item Number: B.11 TITLE: El Segundo Senior Housing Board Corporation 2022 Operating Budget for Park Vista RECOMMENDATION: Approve the El Segundo Senior Housing Board Corporation 2022 Operating Budget for the Park Vista senior housing facility located at 615 East Holly Avenue. FISCAL IMPACT: Park Vista senior living facility is owned by the City, and is managed by Cadman Group. Provided in the breakdown below, the facility generated positive net operating revenue of $79,510 in 2021, and is projected to generate positive net operating revenue of $125,662 in 2022. The operation of the facility does not currently impact the City's General Fund. 7_[81:(r]:A1l1►113 The El Segundo Senior Citizens Housing Corporation Board is comprised of five members. The Board meets monthly, providing oversight of the City's Park Vista senior housing facility. The Board's oversight includes monitoring expenses and revenues throughout the year and culminates in an annual operating budget prepared by the Cadman Group, the facility's management company. On October 27, 2021, the Board considered an annual rental market rate survey, and approved rental rate increases for new, incoming tenants at 60-percent of market rate. At its special meeting on December 1, 2021, the El Segundo Senior Housing Board Corporation approved the 2022 Annual Operating Budget for the Park Vista senior housing apartments. After approval of the budget, it has been the Board's practice to forward next year's operating budget to City Council for approval. Page 80 of 199 2022 Park Vista Operating Budget January 18, 2022 Page 2 of 2 DISCUSSION: The attached operating budget does not include rental increases for existing tenants, which will be considered by the Board at its upcoming meeting on January 26, 2022. Notwithstanding, costs increased in 2021 due to the continuing COVID-19 pandemic, including additional cleaning measures and unit preparations when tenants move out of the facility. Further, income decreased due to prolonged unit vacancies that were also associated with the COVID-19 pandemic. The following table is a summary of income and expenses for 2021, and the budgeted amounts for 2022. 2021 (Budgeted) 2021 (Actual) 2022 (Budgeted) Increase/ (Decrease) Operating Income $761,701 $763,520.99 $807,662 $44,141.01 Operating Expenses $611,640 $681,568.62 $682,040 $471.38 Net Operating Income $150,061 $79,509.72 $125,662 $43,669.63 CITY STRATEGIC PLAN COMPLIANCE: Goal 5: Champion Economic Development and Fiscal Sustainability Objective 513: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Eduardo Schonborn, AICP, Planning Manager REVIEWED BY: Michael Allen, AICP, Development Services Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. 2022 Park Vista Operating Budget Page 81 of 199 Budget Detail Cadman Group Properties: Park Vista - 615 E. Holly Avenue El Segundo, CA 90245 Period Range: Jan 2022 to Dec 2022 Consolidate: No Include Zero Balance GL Accounts: No Account Name Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 Dec 2022 Total Percent Park Vista - 615 E. Holly Avenue El Segundo, CA 90245 - Fiscal 2021 Budget Income RENT Rent Income 63,562.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 68,000.00 811,562.00 100.48 Parking 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 1,550.00 18,600.00 2.30 Income Total RENT 65,112.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 69,550.00 830,162.00 102.79 Vacancy -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -2,250.00 -27,000.00 -3.34 Laundry 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 375.00 4,500.00 0.56 Income Total Budgeted 63,237.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 807,662.00 100.00 Income Expense Fire Service 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 300.00 3,600.00 0.53 Maintenance 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 17,500.00 210,000.00 30.79 Elevator 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 18,000.00 2.64 service Gardening 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 1,250.00 15,000.00 2.20 Management 15,500.00 15,500.00 15,500.00 15,500.00 15,500.00 15,500.00 15,500.00 15,500.00 15,500.00 16,000.00 16,000.00 16,000.00 187,500.00 27.49 Fees Pest Control 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 4,800.00 0.70 Insurance - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 50,000.00 0.00 0.00 50,000.00 7.33 Property Licenses and 0.00 0.00 0.00 500.00 0.00 0.00 75.00 0.00 0.00 0.00 0.00 0.00 575.00 0.08 Permits Electricity 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 1,700.00 20,400.00 2.99 Gas 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 18,000.00 2.64 Water 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 3,750.00 45,000.00 6.60 Telephone/ 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 18,000.00 2.64 Internet Cable/ 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 60,000.00 8.80 Television Created on 11/16/2021 Page t296fl199 Budget Detail Account Name Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 2022 Jul 2022 Aug 2022 Sep 2022 Oct 2022 Nov 2022 Dec 2022 Total Percent Office Supplies 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 1,800.00 0.26 Uniforms 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 480.00 0.07 Advertising & 250.00 250.00 250.00 250.00 250.00 250.00 250.00 6,000.00 250.00 250.00 250.00 250.00 8,750.00 1.28 Promotion Entertainment 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.29 Bank Service 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 6.25 75.00 0.01 Fees Postage 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 60.00 0.01 Professional 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 18,000.00 2.64 Fees Total Budgeted 51,851.25 51,851.25 51,851.25 52,351.25 51,851.25 51,851.25 51,926.25 59,601.25 51,851.25 102,351.25 52,351.25 52,351.25 682,040.00 100.00 Expense Total Budgeted 63,237.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 67,675.00 807,662.00 100.00 Income Total Budgeted 51,851.25 51,851.25 51,851.25 52,351.25 51,851.25 51,851.25 51,926.25 59,601.25 51,851.25 102,351.25 52,351.25 52,351.25 682,040.00 100.00 Expense Net Operating 11,385.75 15,823.75 15,823.75 15,323.75 15,823.75 15,823.75 15,748.75 8,073.75 15,823.75-34,676.25 15,323.75 15,323.75 125,622.00 100.00 Income Other Income Interest on 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 2,400.00 100.00 Bank Accounts Total Budgeted 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 2,400.00 100.00 Other Income Created on 11/16/2021 Page 8"F199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Public Hearings Item Number: C.12 TITLE: Proposed Preferential Parking Zone 2 for Portions of California Street, Holly Avenue, and Kansas Street RECOMMENDATION: Consider the residents' request and adopt a resolution approving the establishment of preferential parking zone #2 along California Street (between Pine Avenue and Holly Avenue), Holly Avenue (between California Street and Kansas Street), and Kansas Street (between Holly Avenue and Grand Avenue). FISCAL IMPACT: Indirect cost of staff time to process this request will be absorbed in the adopted General Fund Budget. If the request is approved, there will be new costs associated with maintaining and enforcing the new preferential parking zone. BACKGROUND: In compliance with the El Segundo Municipal Code Section 8-5A-5, in February 2021, residents submitted a valid petition for establishment of a preferential parking zone on both sides of California Street (between Pine Avenue and Holly Avenue), both sides of Holly Avenue (between California Street and Kansas Street), and the west side of Kansas Street (between Holly Avenue and Grand Avenue). Please refer to attached vicinity, location, and parking zone maps. On August 19, 2021, staff conducted a community meeting to discuss this petition. Over 20 residents attended the meeting and voiced the following concerns: • Employees from surrounding businesses, particularly south of Grand Avenue, are alleged to park for long hours in this area during the day. • LAX Airport passengers are alleged to park their cars in the area for days between flights. Page 84 of 199 Preferential Parking Zone 2 January 18, 2022 Page 2 of 4 • Uber/Lyft drivers are alleged to park in the area while waiting for the next assignment. • Residents of surrounding condominiums and apartments are alleged to park long hours in this area, particularly during the night. Residents of the adjacent Grand Tropez complex condominium development subsequently expressed a desire to join the petition. However, they were opposed by the initial petitioners in the meeting due to the Grand Tropez's disproportionately large number of units relative to the very small frontage this development has along California Street/Holly Avenue. Overall, the petition was signed by 70% of the residents. As required by El Segundo Municipal Code Section 8-5A-5, the petitioner is required to follow the following procedure: A. Petition Of Residents: Upon receipt and verification of a petition signed by residents living in fifty five percent (55%) of the dwelling units of the area proposed for designation, or upon adoption of a motion by City Council, the Traffic Engineer shall undertake such surveys or studies as are deemed necessary to determine whether the area should be designated a preferential parking zone and shall report his findings to City Council. B. Notify Affected Residents: Where a preferential parking zone is requested by the resident petition process, the resident(s) requesting the designation shall notify all affected residents prior to the presentation of the petition. Staff will verify the submitted information and the notification (Ord. 1076, 11-5-1985).The petitioner has fulfilled these requirements. DISCUSSION: Subsequent to the submittal of the petition and all the paperwork to the City, the City Engineer had a study prepared by Garland Associates Traffic Consulting firm, which indicated that the area meets the minimum requirements for establishing a preferential parking zone by the City, and the City Engineer concluded that the petition and the paperwork are in compliance with El Segundo Municipal Code Section 8-5A-5 (Please see Attachment 4 for details). It is to be noted that while the majority of the residents favor a 24/7 preferential parking zone with a 2-hour maximum parking without permit, the Police Department does not have sufficient resources to effectively enforce such a program. If this proposed preferential parking zone is to be implemented, staff would like to recommend the proposed parking restrictions to be the same as in the existing Preferential Parking Page 85 of 199 Preferential Parking Zone 2 January 18, 2022 Page 3 of 4 Zone #1, which prohibits parking from 10 AM to 11 AM, and from 2 PM to 3 PM, except by permit. The existing program regarding parking restrictions in Preferential Parking Zone #1 has proven to be effective and works fairly well. Furthermore, the Grand Tropez residential development has 88 condominium units, with driveway approaches on Grand Avenue and with a small pedestrian access at California Street/Holly Avenue. Grand Tropez residents are not currently part of the petition. However, some Grand Tropez residents have expressed a desire to join the petition, despite the opposition of the original petitioners. Staff recommends limiting the petition eligibility to those residents who have direct vehicular access on these streets. If City Council would like to proceed with the proposed preferential parking zone in its current form, staff would recommend adoption of the attached resolution approving the establishment of a preferential parking zone, prohibiting parking from 10 AM to 11 AM and from 2 PM to 3 PM, except by permit, along both sides of California Street between Pine Avenue and Holly Avenue, and on both sides of Holly Avenue between California Street and Kansas Street, with the exception of frontage along Kansas Park, and the west side of Kansas Street between Holly Avenue and Grand Avenue. Alternatively, City Council may discuss this matter further and provide different directions to staff. Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity, and Inclusion Objective 1A: El Segundo provides unparalleled service to internal and external customers. Objective 1 B: El Segundo's engagement with the community ensures excellence. PREPARED BY: Lifan Xu, City Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity Map 2. Location Map 3. Proposed Preferential Parking Zone #2 Map 4. Proposed Preferential Parking Zone #2 Study 5. Proposed Preferential Parking Zone #2 Resolution Page 86 of 199 Preferential Parking Zone 2 January 18, 2022 Page 4 of 4 Page 87 of 199 ELSEGUNDO Proposed Preferential Parking Zone #2 Vicinity Map �,19LiQ3lJj5Sq�------••� ImperiilAwE----- •�..--—---�-f=FAirF,tiF1 EVValnutAve ;I $Way 1 I E Sycamore Ave i! A s ' I' E Maple Aveel -,AQUAdD 1 +n "Uh SsYrtfoa z MariposaAvk, �. eguildo garb � r E Grand Ave c u 2 En�tlnq�les 14V Grand Ave Air Foma NC EFranklinAve _ dc a • E I Sequnba 9ivd <"hwmn E -E El Segy Parl = .UAAlfbofne f 91RiA ti A O � � U � T Fp t . I ,�Lt•- � Wau E I •^ S�utrtla " O k ' a IIIJ W 1111h St Lenha- I'Vi ddl-E Sc hors W. Awe N�e w9 Y {J L cl Q - W R o=_ 6,018.7 1 1 0 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. Page 88 of 199 ELSEGUNDO Proposed Preferential Parking Zone #2 Location Map Palm Ave F CgM*F 51rt�1 � ENrr.�nhvrw rs X a EI Spulldo fmldc" a 11"l Hiiiop 0 P#rk IX -I rs E grand Ave 2 rj} ih C E Franklin Avo 4 epun40 BIYd � � C C � E Oak Ave � t E Palm Ave E Elm Ave a E Mirlposa Ave ! E Pine Ave 3 C Jl fn P, +M = E Holly Ave Holly Ave 0 µ "f N'. OF X3 31 s O {-rlr Y.irrl � a a e G 46 u 3- a rc E Mariposa Awe \141\ e� K F+�b4l� Hole ran we f FI , o I, Ijncc,, 1,504.7 0 752.33 1,504.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web_Mercator _Auxiliary_Sphere from the use of this map. EL'SEGUNDo Proposed Preferential Parking Zone #2 On California St., Holly Ave. and Kansas St. LN r r L 430 425 424 423 420 421 42 0 419 417 416 415 412 411 J. 408 409 404 405 1313 4d3 401 436 441 432 437 428 433 424 429 420 •iCJ 416 419 412 408 Ili ns3 rk 404 PW +100 o w J w IL W Q 0 In 4( Iy:l _ 1349 1 1409 1405 345 ? pp to 0 0 0 OLE SCHOOL li d 1345 C} 1418 1425 339 LU 1333 1373 1426 , 1445 333 G 13091329 U 1341 143 1465 CID w 0' ' wC+Jmd p 0 1485 m 1369 145 # � � m wamd F E w D 1486 a 0 1337 ] I] C 161 t� m 1325 C B m 1361 w Q 0 311 349 1305 1321 Q C,W.0 2 _ ❑ W.W C V 0 00 0 D D D N C 4 C C C C uJ �y 136b B B B B N O V co dx <G{1� 0 iJao < 1301 1317 1357 307 305 303 301 1225 434 435 432 433 428 429 42 4 425 tt L" 421 0 yr 420 °} 416 417 t 412 413 408 409 404 405 0 400 4. 401 E Holly Ave 350 360 330 354 356 1550 350 352 330 348 318 1521 1555 376.2 1 01 188.08 376.2 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. PROPOSED PREFERENTIAL PARKING ZONE #2 STUDY CALIFORNIA STREET, HOLLY AVENUE, AND KANSAS STREET EL SEGUNDO Prepared for CITY OF EL SEGUNDO Prepared by GARLAND ASSOCIATES 16787 Beach Boulevard, Suite 234 Huntington Beach, CA 92647 714-330-8984 NOVEMBER 2021 Page 91 of 199 TABLE OF CONTENTS Page I. Introduction and Study Methodology 1 II. Municipal Code Guidelines 2 III. Petition Submittal and Verification 3 IV. Coordination with Residents 4 V. Parking Utilization Survey 5 VI. Input from Police Department 7 VII. Summary of Findings 8 i Page 92 of 199 I. INTRODUCTION AND STUDY METHODOLOGY A petition was submitted by the residents and/or property owners of California Street between Pine Avenue and Holly Avenue, Holly Avenue between California Street and Kansas Street, and Kansas Street between Holly Avenue and Grand Avenue to establish a preferential permit parking zone on these three residential street segments. As a city park is located on the north side of Holly Avenue (Holly Kansas Park) and as commercial land uses are located on the east side of Kansas Street, only the south side of Holly Avenue and the west side of Kansas Street would be included in the preferential parking zone. Both sides of California Street would be in the zone. These designations would ensure that the preferential parking zone would only be applicable to parking areas adjacent to residential properties. This report summarizes the various steps that were taken and the methodology that was used to evaluate the request from residents to implement a preferential permit parking zone on the three streets. A summary of the guidelines in the El Segundo Municipal Code is presented followed by a verification of the petitions that were submitted and an explanation of the coordination efforts that were undertaken with the affected residents. Then the results of a parking utilization survey are presented followed by a summary of input from the El Segundo Police Department regarding the logistics of this particular preferential parking zone. I Page 93 of 199 II. MUNICIPAL CODE GUIDELINES Article A of the City of El Segundo Municipal Code, which is titled "Preferential Parking Zones," outlines the procedures to be followed and the criteria to be used to evaluate a request to establish a preferential parking zone in El Segundo. Section 8-5A-4 of the Municipal Code, which is titled "Designation Criteria," states that the following criteria should be considered: A. Regular Interference: That "nonresident vehicles", defined as those vehicles owned and/or operated by persons who are not "residents," do or may substantially and regularly interfere with the use of the majority of available public street or alley parking spaces in the proposed zone by adjacent residents; B. Regular Intervals: That the interference by the nonresident vehicles referred to in subsection A occurs in the proposed zone at regular and significant daily or weekly intervals; C. Noise: That the nonresident vehicles parked in the area of the proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollution, or devaluation of real property in the area of the proposed zone; and D. Shortage of Parking Spaces: That a shortage of reasonably available and convenient residential related parking spaces exists in the area of the proposed zone. Section 8-5A-5 of the Municipal Code, which is titled "Designation Process," presents the following procedures: A. Petition of Residents: Upon receipt and verification of a petition signed by residents living in fifty five percent (55%) of the dwelling units of the area proposed for designation, or upon adoption of a motion by the City Council, the Traffic Engineer shall undertake such surveys or studies as are deemed necessary to determine whether the area should be designated a preferential parking zone and shall report his findings to the Council. B. Notify Affected Residents: Where a preferential parking zone is requested by the resident petition process, the residents requesting the designation shall notify all affected residents prior to the presentation of the petition and shall present verification of such notification to the Traffic Engineer. The following sections outline the steps that were taken regarding the petition submittal and review process for the preferential parking zone to demonstrate that the required criteria were satisfied. 3 Page 94 of 199 III. PETITION SUBMITTAL AND VERIFICATION The original petition that was submitted in February 2021 represented houses on California Street between Pine Avenue and Holly Avenue, Holly Avenue between California Street and Kansas Street, and Elin Pointe Drive between Holly Avenue and Kansas Street. If only the houses on California Street and Holly Avenue were to be considered as the petition area, there were signatures from 86 percent of the houses. If the houses on California Street, Holly Avenue, and Elin Pointe Drive were to be considered as the petition area, there were signatures from 61 percent of the houses. Either way, the Municipal Code requirement that the petition must represent signatures from at least 55 percent of the dwelling units in the designated area is satisfied. Elin Pointe Drive was not included in the list of streets under consideration for the permit parking zone because there are no on -street parking spaces on Elin Pointe Drive. Elin Pointe Drive intersects with Holly Avenue west of Kansas Street. After it was determined by the residents and City staff that it would be appropriate to expand the preferential parking zone to include Kansas Street between Holly Avenue and Grand Avenue, an updated petition was submitted in August 2021 that had signatures from 70 percent of the houses on these street segments. This verifies that the petition represents at least 55 percent of the dwelling units and indicates that there is substantial support from the residents for a preferential permit parking zone. I Page 95 of 199 IV. COORDINATION WITH RESIDENTS Several efforts were made to coordinate with the residents of the petition area. First, a questionnaire was distributed to determine what hours, days, and type of restrictions were desired by the residents. For example, the signs could say "No Parking Any Time — Except by Permit", "2 Hour Parking — Except by Permit", "No Parking 3 PM to 10 PM — Except by Permit", or whatever restrictions were deemed to be appropriate. The majority of the residents who responded favored a 2 hour maximum parking duration that would be applicable all seven days of the week and all 24 hours of the day, except that vehicles with a permit would be exempt from the 2 hour restriction. An on-line community meeting with the residents was conducted by City staff in August 2021 to solicit input regarding the requested preferential parking program. The primary concerns and issues expressed by the residents were that employees from nearby businesses park on the residential streets during the day, airport passengers sometimes park on the streets for several days, Uber/Lift drivers park on the streets while waiting for assignments, and residents from nearby condominiums and apartments park on the streets in the evening and nighttime hours. Several residents of the Grand Tropez complex expressed a desire to be included in the preferential parking program so that they could obtain permits to park on California Street, Holly Avenue, and Kansas Street. The residents of these streets who submitted the petition, however, are opposed to this idea because the Grand Tropez complex does not have direct vehicular access to these streets, it has a disproportionately large number of units relative to the limited frontage on these streets, and the Grand Tropez residents' vehicles are part of the problem that the California Street/Holly Avenue/ Kansas Street residents are attempting to alleviate. 5 Page 96 of 199 V. PARKING UTILIZATION SURVEY A parking utilization survey was conducted by the El Segundo Police Department on Tuesday, September 21 and Saturday, September 25, 2021 to quantify the number of vehicles that were parked on each of the three streets that are being considered for the preferential permit parking zone and to identify if the parked vehicles were registered on a street in the survey zone, at a location in El Segundo outside the survey zone, or at a location outside of El Segundo. The results of the survey are shown in the table below. RESULTS OF PARKING SURVEY Time of Survey & Number of Vehicles & Location of Re istration Street Surveyed In the El Segundo Outside Outside Total Parked Survey Zone the Survey Zone El Se undo Vehicles TUESDAY 9/21/21 5:00 AM California Street 8 3 4 15 Holly Avenue 2 3 5 10 Kansas Street 1 l 0 2 Total of All 3 Streets 11 7 9 27 10:00 AM California Street 5 1 2 8 Holly Avenue 1 2 6 9 Kansas Street 1 0 1 2 Total of All 3 Streets 7 3 9 19 1:00 PM California Street 5 1 2 8 Holly Avenue 2 1 7 10 Kansas Street 1 1 1 3 Total of All 3 Streets 8 3 10 21 SATURDAY 9/25/21 6:00 AM California Street 4 2 5 11 Holly Avenue 2 4 6 12 Kansas Street 0 0 0 0 Total of All 3 Streets 6 6 11 23 10:00 AM California Street 0 0 0 0 Holly Avenue 2 3 9 14 Kansas Street 0 0 0 0 Total of All 3 Streets 2 3 9 14 2:00 PM California Street 3 0 1 4 Holly Avenue 3 0 6 9 Kansas Street 0 0 0 0 Total of All 3 Streets 6 0 7 13 C0 Page 97 of 199 The table indicates that the time with the most vehicles parked in the proposed permit parking area was Tuesday, 9/21/21 at 5:00 AM when there were 27 vehicles parked on the three streets in the survey zone. Of these 27 vehicles, only 11 were registered at addresses within the survey zone, while 7 vehicles were registered at El Segundo addresses outside the survey area and 9 were registered at addresses outside of El Segundo. In general, the table indicates that most of the vehicles that are parked on the three streets in the proposed preferential parking zone are not registered at addresses within the survey area. This finding supports the residents' statements that there is a substantial amount of parking intrusion on their residential streets because a majority of the parked vehicles do not belong to residents of the proposed preferential permit parking zone. Page 98 of 199 VI. INPUT FROM POLICE DEPARTMENT Representatives of the El Segundo Police Department have recommended that the preferential parking zone be designated as "No Parking — 10 to 11 AM & 2 to 3 PM — Except by Permit." They offer this recommendation because they have limited enforcement resources for preferential parking programs and could readily enforce a program that has limited hours. In essence, any vehicle without a permit that is parked on the restricted streets during the designated times could be issued a citation. This type of signage has worked well at existing preferential parking zones at other locations in El Segundo. The recommendation from the Police Department is not consistent with the desires of the residents as the residents want a program that is in effect 24/7 with a 2 hour parking limit. The Police Department, however, has indicated that such a program would be difficult to enforce because each of the vehicles without a permit would need to have the tires chalked and then checked two hours later, which would require a substantial amount of labor. Page 99 of 199 VII. SUMMARY OF FINDINGS The key findings of the parking study are summarized below. • The results of the analysis indicate that the parking conditions on the surveyed segments of California Street, Holly Avenue, and Kansas Street are consistent with the criteria cited in the Municipal Code because there is documented interference from nonresident vehicles using a majority of the public street parking spaces, the interference occurs at regular intervals, and there is a shortage of available and convenient residential parking spaces in the area of the proposed zone. • The procedures and requirements designated in the Municipal Code have been satisfied because the petition that was submitted was signed by residents of 70 percent of the dwelling units, which is greater than the Code requirement of 55 percent. Also, all of the residents in the designated preferential parking zone were notified of the request. • At a community meeting with the residents, many of the residents stated that the parking spaces in front of their houses are frequently occupied by vehicles associated with nearby businesses, airport passengers, Uber/Lift drivers, and residents from nearby condominiums and apartments. • The majority of the residents who responded to a questionnaire favor a 2 hour maximum parking duration that would be applicable all seven days of the week and all 24 hours of the day, except that vehicles with a permit would be exempt from the 2 hour restriction. • Several residents of the Grand Tropez complex expressed a desire to be included in the preferential parking program so that they could obtain permits to park on California Street, Holly Avenue, and Kansas Street. The residents of these streets, however, are opposed to this idea because the Grand Tropez complex does not have direct vehicular access to these streets, it has a disproportionately large number of units relative to the limited frontage on these streets, and the Grand Tropez residents' vehicles are part of the problem that the California Street/Holly Avenue/Kansas Street residents are attempting to alleviate. • A parking utilization survey conducted by the Police Department indicates that most of the vehicles that are parked on the three streets in the proposed preferential parking zone are not registered at addresses within the survey area. This finding supports the residents' statements that there is a substantial amount of parking intrusion on their residential streets because a majority of the parked vehicles do not belong to residents of the proposed preferential permit parking zone. • Representatives of the El Segundo Police Department have recommended that the preferential parking zone be designated as "No Parking — 10 to 11 AM & 2 to 3 PM — Except by Permit." They offer this recommendation because they have limited enforcement resources for preferential parking programs and could readily enforce a W] Page 100 of 199 program that has limited hours. • An issue that should be raised regarding the implementation of a preferential parking zone is that the vehicles that are displaced by the permit requirement in the designated zone could potentially shift to another street and thereby result in adverse impacts to a different group of residents. If and when this would occur, the preferential parking zone could be expanded to include the impacted streets. 10 Page 101 of 199 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DESIGNATING PREFERENTIAL PARKING ZONE 2. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds: A. Preferential parking in "Zone 2," as defined below, is required to enhance or protect the quality of life in the area of the designated area and necessary to provide reasonably available and convenient parking for the benefit of adjacent residents. B. Based upon the City Traffic Engineer's recommendation and the agenda report accompanying this Resolution, the requirements set forth in El Segundo Municipal Code ("ESMC") § 8-5A-4 have been met to establish Zone 2 preferential parking. SECTION 2. Zone Establishment. Subject to the provisions of ESMC") § 8-5A-5 and stated limitations, preferential parking is established in the area comprising Zone 2 as follows: ZONE 2: No Parking between the hours of 10:00 a.m. and 11:00 a.m. and between 2:00 p.m. and 3:00 p.m., Monday through Friday, except by permit on west and east curb line of California Street between Pine Avenue and Holly Avenue; on north (except by Kansas park) and south curb line of Holly Avenue between California Street and Kansas Street; and the west curb line of Kansas Street between Holly Avenue and Grand Avenue. SECTION 3. Direction. The Public Works Director, or designee, will take necessary steps to notify the public of Zone 2's preferential parking restrictions, including, without limitation, the installation of appropriate signage. SECTION 4. Severability. If any part of this Resolution 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 Resolution are severable. SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 6. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 7. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 8. City Clerk Direction. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. Page 102 of 199 PASSED, APPROVED AND ADOPTED this day of 12021. Drew Boyles, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, 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 of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2021, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 103 of 199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Staff Presentations Item Number: D.13 TITLE: Main Street / Imperial Highway Monument Entry Feature Project RECOMMENDATION: 1. Authorize staff to execute a Professional Services Agreement with Hirsch & Associates, Inc. in the amount of $66,110, with an additional $6,000 for contingency, to prepare the design of the Main Street / Imperial Highway Monument Entry Feature. 2. Authorize staff to remove existing signage at the Main Street and Imperial Highway intersection. FISCAL IMPACT: Funding for this project was Included in the Adopted FY 2020-2021 CIP Fund Budget as follows: Amount Budgeted: $450,000 ($250,000 General Fund & $200,000 Cultural Arts Fund) Current Balance: $442,500 Additional Appropriation needed at this time:: None Account Number(s): 301-400-8203-8214 (City Gateway Entry Project) The estimated cost of the landscape architecture design services is $72,110 ($66,100 for the proposed contract and an additional $6,000 for contingencies). The cost of constructing the monument sign will have to be determined. Deducting the anticipated design services cost from the current budget balance of $442,500 will leave a total construction budget of $370,390. BACKGROUND: On November 6, 2018, City Council established the Ad -Hoc Gateway Committee, comprised of individuals to determine the vision, goals, and scope of a potential Main Street/Imperial Highway monument entryway feature project. In January 2019, the Page 104 of 199 Main Street/Imperial Highway Monument Entry Feature Project January 18, 2022 Page 2 of 3 Committee held its kick-off meeting. Several months were spent researching site constraints and site development history, developing goals and a vision, along with design parameters and criteria. A "Call to Artists" was published in June 2019, which received responses from over 40 submittals. A design team, consisting of two artists, was ultimately selected and several design iterations were prepared and presented to the Gateway Committee on December 7, 2020, and to the Recreation and Parks Commission on December 9, 2020. In a Gateway Committee meeting on February 4, 2021, it was proposed that the City Manager work directly with staff and the designers to develop a design that is more reflective of El Segundo's small-town charm, beach orientation, ties into the evolving nature of the Downtown area, and connects to the historic El Segundo High School, Library, and Library Park sites. Subsequently, this collaboration effort proved to be challenging between the two artists and both artists eventually withdrew from the design process voluntarily. Consequently, it was decided that staff would solicit proposals from qualified landscape architects for the design of this monument entry feature. DISCUSSION: The Request for Proposals (RFP) for the project was published in August 2021, and four proposals were received on September 9, 2021 from the following California consulting firms: 1. David Volz Design (Costa Mesa) 2. Hirsch & Associates, Inc. (HAI) (Anaheim) 3. RHA Landscape Architects -Planners, Inc. (Riverside) 4. SALT Landscape Architects (Los Angeles) All four proposals were evaluated and ranked based on consultant team qualifications, overall experience, project understanding and approach, and references. David Volz Design, Hirsch & Associates, Inc., and SALT Landscape Architects were ranked the top three firms and were interviewed by a panel on October 28, 2021 and November 1, 2021. Hirsch & Associates, Inc. was selected and a fee proposal was negotiated with the firm. Additionally, the existing signage / monument (Attachment 3) is in need of removal. In an effort to save costs and prepare for the proposed project, staff is recommending that the Public Works Department crew remove the existing signage / monument to clear the space for the proposed monument. The organizations shown on the signs were contacted and they had no objection to the removal of the signs. The removed signs will be stored in the Public Works Department yard so that the organizations can pick up their signs, if interested. With City Council authorization, the design of the project is expected to be completed by Page 105 of 199 Main Street/Imperial Highway Monument Entry Feature Project January 18, 2022 Page 3 of 3 September 2022, and the existing signage will be removed during the week of January 24-28, 2022. CITY STRATEGIC PLAN COMPLIANCE: Goal 4: Develop and Maintain Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an appealing, safe and effective community. Objective 4B: El Segundo's technology supports effective, efficient, and proactive operations. Goal 5: Champion Economic Development and Fiscal Sustainability Objective 5A: El Segundo promotes economic growth and vitality for business and the community. Objective 5B: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Cheryl Ebert, Senior Civil Engineer REVIEWED BY: Elias Sassoon, Public Works Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Main & Imperial Monument Feature Vicinity Map 2. Main & Imperial Monument Feature Location Map 3. Main & Imperial Monument Feature Photo of Existing Signage Page 106 of 199 EL'SEGUNDO Main Street / Imperial Highway Monument Feature Project Vicinity Map �. �.�1+G1JJ------ •—•E-fmpenal•Av•�`- —••�• -�..�..�.,� — —--•�.,r,perF,ltit.. E Walnut Ave I � I ESycarn re Ave AttiYr.. �I `' E �41 a pi a Avg I I Ea Segundo I m High i A Sc hoof c c m V i ElSegundo f1M Gran"" - F;$cre Edkm Pad, e f Grand A G Franklin Ave C• C I [` 1 I E Mariposa Ave �5 e } egunuo 61Vd C-herron E mplo�ea F'arF V} v 1 I L 7Z i_USl�41YgB%BS ••- tP AiT Foii6 Base I Rayttw3-w Spxe and Airbortne Spslems T hr L i Lamlb - 6 if !aF=I R Sag u nda I - j n c X -0 35th S [ V Ir k 27th St , ZL 4 0Pop e MarineAve yeC #darine 4yt-n L r'3* 6,018.7 1 0 1 3,009.33 6,018.7 Feet DISCLAIMER: The information shown on this map was compiled from different GIS sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of EI Segundo will not be held responsible for any claims, losses or damages resulting WGS_1984_Web _Mercator _Auxiliary_Sphere from the use of this map. ELSEGUNDO Main Street / Imperial Highway Monument Feature Project Location Map terl al — ...rl—.— - -- W Imperial Hwy El Segundo 1,_11 c, E Imperial Ave C p; s O❑ 188.1 1 1 0 94.04 188.1 Feet DISCLAIMER: The information shown on this map was compiled from different GIs sources. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. The City of El Segundo will not be held responsible for any claims, losses or damages resulting NGS_1984_Web—Mercator _Auxiliary_Sphere from the use of this map. Main Street / Imperial Highway Monument Entry Feature Project Photo of Existing Signage Page 109 of 199 {.,rVoy City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Staff Presentations Item Number: D.14 TITLE: Review of City Committees, Commissions, & Boards RECOMMENDATION: Direct staff to do the following: Prepare a staff report (by March 15, 2022) to conclude the Capital Improvement Program Advisory Committee, with the understanding that the City Council Finance Committee will be responsible for reviewing proposed capital improvement projects. 2. Prepare a staff report to convert the Environmental Committee to a Public Works Committee by March 15, 2022. 3. Conduct a thorough review of each City committee, commission, and board's bylaws (or equivalent documents); and provide potential revisions to City Council (by June 30, 2022) to ensure consistency of operating practices, duties, and responsibilities to align with the current Citywide organizational structure. FISCAL IMPACT: The proposed recommendations will result in expenditure/budget savings, reduced duplication of effort, more efficient use of staff time, and improved implementation of the City's Strategic Plan. BACKGROUND: At the September 7, 2021 City Council meeting, staff was requested to conduct a review of the City's nine standing citizen committees, commissions, and boards and report back with background information on each body (including the authorization source, purpose, and impact on staff workload). Staff has conducted its review. Attached are two summary spreadsheets (Attachments A and B) and a one -page summary of each body along with applicable bylaws and/or other documentation to provide more detailed Page 110 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 2 of 11 descriptions of each body (Attachments C through K). The following provides relevant highlights from these documents along with the outcome of staff's research: Establishment Dates The City's nine citizen committees, commissions, and boards were formally established by City Council dating back to 1946 (Planning Commission) up through 2020 (Diversity, Equity, & Inclusion Committee). Establishment Authorization Two bodies (Planning Commission and Library Board of Trustees) are legally required via California state statues. The other seven bodies are discretionary and were established by City Council, either through adoption of a resolution and/or bylaws. Number of Members The number of members ranges from four (Investment Advisory Committee) to 7 to 11" (Arts & Culture Advisory Committee). The most common number of members is five. Having five members for a citizen committee is fairly standard among similar sized California General Law cities (in terms of overall city budget, residential population, and daytime workforce population). However, the actual numbers of members for non- traditional bodies vary. From a quorum/logistics/efficiency perspective, citizen committees, commissions, and boards tend to function better when the total number is limited to five members, and definitely when below ten. Going beyond five members should be viewed as an exception, based on a compelling reason, as determined by City Council. Membership Requirements For four bodies, membership is restricted to El Segundo residents. Membership in the other five bodies varies and allows for non-residents. Some of the membership observations include the following:: The Senior Citizen Housing Corporation Board consists of five members who are El Segundo residents. However, there is no requirement for any of the Park Vista Senior Housing Project residents to serve on this Board. It is unusual for an affordable housing project to not have residents of the project serve on the project's oversight or advisory board. Typically, such projects have a residential advisory board. The Capital Improvement Program Advisory Committee consists of three El Segundo residents and two local business representatives who don't have to be El Segundo residents. Page 111 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 3 of 11 The Investment Advisory Committee consists of four members, as follows: One El Segundo resident; one other person who does not have to be an El Segundo resident; City Treasurer (who has to be an El Segundo resident), and the City Chief Financial Officer (who does not have to be an El Segundo resident). Since the City Treasurer will not be an elected position after the current term concludes, the bylaws for this committee will need to be revised. The Environmental Committee consists of seven members, as follows: Three El Segundo residents; three local business people (who do not have to be an El Segundo resident); and one El Segundo Unified School District representative (who does not have to be an El Segundo resident). The Arts and Culture Advisory Committee consists of 7 to 11" members who are not required to be El Segundo residents. However, the bylaws state that "non-residents should be actively involved in the arts." The Diversity, Equity, and Inclusion Committee consists of "5 to 9" members who are not required to be El Segundo residents. However, the bylaws state that "non-residents should meet one or more of the following criteria: Student of a public or private high school in El Segundo, employed by a business located in El Segundo, or a property owner in El Segundo.." In many California cities, it is more common to restrict membership of citizen committees, commissions, and boards to local residents. In some cases, cities allow non-residents who own or work in local businesses to serve on citizen bodies. In other cases, non-residents that own property in a city are allowed to serve on a city committee, commission, or board. Some cities also limit the total number of committees, commissions, or boards that one person can be part of to one or two. Appointment Authority City Council as a whole approves the members who serve on all committees, commissions, and boards. Per the bylaws for four of the nine bodies, City Council is responsible for reviewing, interviewing, and appointing members. For the remaining five bodies, their bylaws call for the following processes to be used: For the Library Board of Trustees, Boardmembers "...shall be appointed by the Mayor with the consent of the City Council." For the Investment Advisory Committee, City Council appoints one El Segundo resident and one other person who does not have to be an El Segundo resident. The City Treasurer and City Chief Financial Officer are automatic appointments. For the Environmental Committee, "...the Chair and Vice Chair of the Environmental Committee shall review the applications with the sole purpose of making a Page 112 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 4 of 11 recommendation to the City Council. The Council may interview the recommended candidates and the City Council shall make the selection and appointments." For the Arts and Culture Advisory Committee, applicants "...are reviewed and recommended by the Arts and Culture Advisory Committee and then approved and appointed by the City Council." For the Diversity, Equity, and Inclusion Committee, applicants "...are reviewed and recommended by the Diversity, Equity, and Inclusion Committee and then approved and appointed by the City Council." The common practice in similar California General Law cities is for City Council to review and make such appointments. In some cities, individual Councilmembers are allowed to make individual appointments of equal weight (e.g., for one of five positions), subject to approval by the full City Council. In some cities, staff and/or outside consultants are used to do initial interviews when there is a large number of applicants. For example, in 2020, due to a large number of applications, City Council used an outside consultant to screen and interview the initial applicants. It is, however, unusual to allow sitting members of a citizen committee, commission, or board to review, interview, and recommend appointments of members to their own advisory bodies. Term Length Members of six bodies (Capital Improvement Program Advisory Committee, Environmental Committee, Investment Advisory Committee, Planning Commission, Recreation & Parks Commission, and Senior Citizen Housing Corporation Board) serve four-year terms. Members of three bodies (Arts & Culture Advisory Committee; Diversity, Equity, & Inclusion Committee; Library Board of Trustees) serve three-year terms. Term limits are not used in El Slegundo. However, a few cities use term limits, restricting membership to two, three, or four consecutive terms. The City's practice on term length is in line with other similar California General Law cities. Compensation Members of the Planning Commission and Recreation & Parks Commission receive a $50.00 per meeting stipend. Members of the other seven bodies are not compensated. This approach is in -line with other similar California General Law cities. Meeting Dates The Planning Commission is scheduled to meet twice per month. Seven bodies are scheduled to meet once a month. The Capital Improvements Program Advisory Committee meets "as needed" during the months of March, April, and May when the budget is prepared. These meeting frequencies are in -line with other similar California General Law cities. Page 113 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 5 of 11 Purpose & Duties Generally speaking, the purpose of each body is to provide advice and recommendations to City Council within the parameters of its formal resolution and/or bylaws. The Planning Commission and Library Board of Trustees have specific functions and powers delineated by California state statutes. The Senior Citizen Housing Corporation Board functions as a separate legal entity to provide oversight of the Park Vista Senior Housing Development's management company and carry out certain tasks. The following highlights the purpose and duties of the nine committees, commissions, and boards: Planning Commission Established in 1946 by Ordinance No. 300, and subsequently modified by Ordinance No. 677, the Planning Commission and its authorities are established by El Segundo Municipal Code Section 2-1, and in accordance with California Government Code Section 65100 (previously known as the The Planning Act of 1929). The Planning Commission's functions are to prepare, periodically review, and revise, as necessary, the General Plan; implement the General Plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinance; review capital improvement programs; promote public interest in, comment on, and understanding of the general plan, and regulations relating to it; consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally concerning the implementation of the general plan; and promote the coordination of local plans and programs with the plans and programs of other agencies. The Planning Commission is a legislative body with other specific land use responsibilities. Establishing a Planning Commission is common among California cities with land use responsibilities. This Commission's practices appear to be consistent with other similar California General Law cities. 2. Recreation and Parks Commission As explained in this Commission's resolution, the purpose of this Commission is to: "Act in an advisory capacity to the City Council in all matters pertaining to parks, recreation, parkways and street trees; Consider the annual budget for parks, recreation, parkways and street tree purposes." In addition, there have been other responsibilities and actions (outside of the bylaws) that appear to have been assigned to this Commission and/or allowed to take place over the years. Establishing a Recreation and Parks Commission is common among California cities that have public recreation facilities, parks, and offer recreation programming. This Commission's bylaws appear to be similar to those used in other California cities. Page 114 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 6 of 11 However, there may be some defacto practices of this Commission that are a little different. With the 2020 Citywide reorganization, the former Recreation and Parks Department and former Library Department were merged into the current Community Services Department. As part of this merger, some of the former Recreation and Parks Department functions were transferred to the Public Works Department. Examples of such functions include: the following: park maintenance, landscaping functions, parkway maintenance, and street trees management. As a result, the advisory role for these services should be transferred to the more applicable City committee to better reflect the current Citywide organizational structure. 3. Senior Citizens Housing Corporation Board As explained in this Board's bylaws, the purpose of this body is to: "..establish polices for the operation of ... the City of El Segundo Senior Citizen Housing Project ; Provide affordable housing opportunities for El Segundo senior residents; Promote the common good and general welfare of the senior Residents of the City of El Segundo; Any other purposes beneficial to the public." This body reviews the budget of the Park Vista property management firm, rental rates, and provides recommendations to City Council. Establishing this type of committee is optional and does not appear to be emulated anywhere in the South Bay and West LA region. Establishing a "Senior Citizens Housing Corporation" for Park Vista was unique to El Segundo in 1984. Public affordable housing projects are managed and governed in a different manner in 2022. For example, it is unusual for an affordable housing project not to have residents of the project serve on the project's oversight or advisory board. It is common for such projects to have their own "resident advisory board." As a result, City Council may want to revisit the structure and bylaws of the Senior Citizen Housing Corporation Board some time in the future. 4. Capital Improvements Program Advisory Committee Staff was unable to locate an establishment resolution or bylaws for this Committee. However, staff did find City Council meeting minutes from September 3, 1991 which make reference to establishing this Committee "to assist staff in review of proposed annual Capital Improvement Program Budget." The Committee also assists in the development of the 5-year Capital Improvement Program ("CIP"). Each year staff proposes CIP projects for a five-year period. The Committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process. Use of this type of citizens committee is not widely used and involves an extra layer of staff work and logistical challenges for staff when preparing the Citywide budget. With the recent establishment of the City Council Finance Committee, it may be more Page 115 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 7 of 11 appropriate for this Committee to assume the role that the Capital Improvements Program Advisory Committee currently plays. This format would allow City Council to have a more direct role in the development and review of the City's Capital Improvement Program Budget. 5. Library Board of Trustees As explained in this Board's bylaws, the purpose of this Board is defined by the California State Education Code, to do the following: "..act in an advisory capacity to the City Council in all matters pertaining to the Library and cooperate with other local governmental agencies and civic groups in the advancement of sound planning and programming. The Board considers, reviews, edits and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs. The Board may administer any trust declared or created for the library, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the Library." Establishing a Library Board of Trustees is required for all California cities that have a public library. This Board's bylaws appear to comply with California state statutes and are in -line with those of other similar California General Law cities. 6. Investment Advisory Committee As explained in this Committee's establishment resolution, the purpose of this Committee is to: "...review City investments and make recommendations to the City Treasurer and City Council concerning investments of City funds help ensure that City funds are invested in a safe and prudent manner." Establishing an Investment Advisory Committee is a common practice among California, South Bay, and West LA region cities. This Committee's bylaws appear to be in -line with those of other similar California General Law cities. Since the City Treasurer will not be an elected position after the current, the bylaws for this committee will need to be revised. 7. Environmental Committee As explained in this Committee's bylaws, the purpose of this Committee is to: "...research and advise the City Council on environmental -related issues, such as any programs or business practices, including but not limited to those that affect air quality, energy usage, solid waste, urban planning and development, hazardous waste, transportation and water usage. The Committee shall collaborate with City staff and the local community to help formulate responsible environmental strategies that are consistent with local, state and federal standards, and to provide suggestions for a 'best Page 116 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 8 of 11 practices' approach to implementing sustainable and environmentally conscious standards." Establishing an Environmental Committee is optional and is not widely used in the South Bay and West LA region, although most of the cities in this region maintain strong commitments to protecting their local environment. The bylaws of this Committee are unique to El Segundo. Some of the functions listed in the bylaws contain items that also fall within the responsibility of outside non -profits and/or other City committees, commissions, or boards. For example, the review of business practices also takes place within the El Segundo Chamber of Commerce and the El Segundo Economic Development Corporation. Urban planning and development issues fall within the scope of the Planning Commission. As a result, there is overlap, duplication of effort, and this Committee does not clearly fit into the current Citywide organizational structure. However, there is value in receiving advisory input on matters involving: air quality, energy usage, solid waste, hazardous waste, transportation, wastewater, water usage, and environmental sustainability. There are a variety of other public infrastructure services that would benefit from such input. Examples include: bikeways, greenbelts, streets, sidewalks, etc. There is also the need for oversight of park maintenance, landscaping, parkway maintenance, and street tree management services that used to fall under the former Recreation and Parks Commission to be transferred to a more applicable committee. With the objective in mind, an option for City Council consideration would be to convert the existing Environmental Committee into a new Public Works Committee. In order to do this, new bylaws would need to be prepared. City Council may also want to consider reducing the number of committee members from seven to five, and only as future vacancies appear. 8. Arts and Culture Advisory Committee As explained in this Committee's bylaws, the purpose of this Committee is to: "...advise the City Council to include art and culture into the El Segundo community as well as planning and installation of public art. The ACC shall serve as a forum for effective collaboration leading to the growth of art and culture in the City of El Segundo....." Establishing an Arts and Culture Committee is optional and is becoming more common among California cities that have their own public theatres, art galleries, arts programming, active local arts scene, etc. Some South Bay and West LA cities have this type of committee. The bylaws of this Committee were recently prepared and its role is still evolving. One component of the bylaws that City Council may want to consider revising is the ability of the Committee to review and recommend member appointments to City Council. City Council may also want to consider reducing the number of Committee members from 7 to 11" to five, and only as future vacancies appear. Page 117 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 9 of 11 9. Diverstity, Equity, and Inclusion Committee As explained in this Committee's bylaws, the purpose of this Committee is to: "...advise the City Council on issues of diversity, equity, and inclusion. This work includes an examination of four key areas to produce a clear picture of the current practices, as well as the El Segundo community's sentiments towards these practices. With respect to the four initial study topics, they are spelled out in the bylaws to include the following: 1. Public Safety (including a review of Police Department policies, practices, training, and future direction) 2. Citywide Organization (including a review of City government policies, practices, training, etc.) 3. Community At -large (including a review of City demographic data, history, trends, etc.) 4. Local Economy (including a review of private sector diversity policies, practices, training, etc.)" Establishing a Diversity Committee is optional and not widely used in the South Bay and West LA region, although some cities in other parts of California are starting to explore creating such committees. Often, cities establish a Diversity Committee as the result of a court order or a local social justice incident. El Segundo City Council established its Diversity Committee in response to the 2020 social justice movement and based on its desire for the City to be more proactive in understanding and addressing local diversity issues and concerns. The bylaws of this Committee were recently prepared and its role is still evolving. One component of the bylaws that City Council may want to consider revising is the ability of the Committee to review and recommend member appointments to City Council. City Council may also want to consider reducing the number of Committee members from "5 to 9" to five, and only as future vacancies appear. DISCUSSION: There are several inconsistencies with respect to how each committee, commission, and board is structured and operates. As a result, staff recommends that the Capital Improvements Program Advisory Committee be concluded, with the understanding that the City Council Finance Committee will be responsible for reviewing proposed capital improvement projects. It is also recommended that the Environmental Committee be converted to a Public Works Committee. In addition, it is recommended that staff conduct a thorough review of each City committee, commission, and board's bylaws Page 118 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 10 of 11 (and/or equivalent documents) and return to City Council with potential revisions to ensure consistency of operating practices, duties, and responsibilities. This will allow for each body to more accurately align with the current Citywide organizational structure. If City Council concurs, staff will proceed to review each body and then provide proposed revisions to City Council by June 30, 2022. This would allow for sufficient time for staff to work with the applicable committees, commissions, and boards to ensure that potential changes go into effect with the start of the new fiscal year (July 1, 2022). CITY STRATEGIC PLAN COMPLIANCE: Goal 1. Enhance Customer Service, Engagement, and Communications; Embrace Diversity, Equity, and Inclusion. Objective 1A: El Segundo provides unparalleled service to internal and external customers. Objective 1 B: El Segundo's engagement with the community ensures excellence. Goal 4. Develop Quality Infrastructure and Technology Objective 4A: El Segundo's physical infrastructure supports an appealing, safe, and effective community. Goal 5. Champion Economic Development and Fiscal Sustainability Objective 5A: El Segundo promotes community engagement and economic vitality. Objective 513: El Segundo approaches its work in a financially strategic and responsible way. PREPARED BY: Scott Mitnick, City Manager REVIEWED BY: Scott Mitnick, City Manager APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. Attachment A - CCB Summary Spreadsheet One 2. Attachment B - CCB Summary Spreadsheet Two Page 119 of 199 Review of City Committees, Commissions, & Boards January 18, 2022 Page 11 of 11 3. Attachment C - Planning Commission Summary & Bylaws 4. Attachment D - Recreation And Parks Commission Summary & Establishment Resolution 5. Attachment E - Senior Citizen Housing Corporation Board Summary, Meeting Minutes, Staff Report, Resolution Amendment & Bylaws 6. Attachment F - Capital Improvement Program Advisory Committee Summary & Meeting Minutes 7. Attachment G - Library Board of Trustees Summary, Establishment Resolution & Bylaws 8. Attachment H - Investment Advisory Committee Summary & Establishment Resolution 9. Attachment I - Environmental Committee Summary & Bylaws 10. Attachment J - Arts And Culture Advisory Committee Summary & Bylaws 11. Attachment K - Diversity, Equity, And Inclusion Committee Summary & Staff Presentation Page 120 of 199 City o❑EI Segundo Committees, Commissions, ❑ Boards No. Name Date Established Authori❑ation Source Member Range Member Re❑uirements Term Compensation Meetings Dates 1 Planning Commission 01 120/46 CA Code Sec. 65100-65106 & City Ord 1 11 00 5 Resident 4 1 rears 1 50 per meeting 2nd & 4th Thursday of the month 2 Recreation & Parks Commission 05/14/56 City Resolution ❑ 161 ❑ 5 Resident 4 ❑ears ❑50 per meeting ❑rd Wednesday of the month Senior CitiI en Housing Corp. Board 01/01/1 4 City Council Vote in 191 4 5 Resident 4 I rears None 4th Wednesday of the month 4 CIPAC Advisory Committee OI /15/I 9 City Council Meeting Minutes 09/0:11991 5 Combination 4 ❑ears None As needed in March, April, May 5 Library Board of Trustees 12/04/90 CA ED Code 11 910 & City Resolution 1 665 5 Resident I I I ears None 2nd Tuesday of the month 6 Investment Advisory Committee 06/02/92 City Resolution -1 164 4 Combination 4 ❑ears None ❑d Tuesday ❑uarterly Environmental Committee 02/06/01 1 Council Vote 2/6/200 1 Combination 4 1 rears None 1 st Friday of the month ❑ jArts & Culture Advisory Committee Od02116 lCouncil Vote /2/2016 ❑to 11 Combination ❑ Dears None 4th Tuesday of the month 9 IDiversity, El luity, & Inclusion Comm. 06/16/20 lCouncil Vote 6/16/2020 5 to 9 Combination I I I rears None 2nd Wednesday of the month GCBs listed in chronological order I_Member Rel_Uirements, Combination -Department Directors, Residents, Business Representatives, El Segundo Students, Individuals Vested in the Arts Page 121 of 199 City of El Segundo Committees, Commissions, & Boards No. Name Purpose & Duties 1 Planning Commission Provide land use recommendations as prescribed by State and local laws 2 Recreation & Parks Commission Provide recommendations on rec. programs, parks, parkways, street trees, & other matters 3 ISenior Citizen Housing Corp. Board Provide oversight of PV Sr. Housing Project man. co., set annual rents, & related matters 4 CIPAC Advisory Committee Assist staff in review of proposed annual Capital Improvement Program Budget 5 Library Board of Trustees Provide input on library services/programs & Library's Annual Report to the State Librarian 6 Investment Advisory Committee Advise City Council & City Treasurer on investment of the City's idle funds 7 Environmental Committee Review environmental programs & make recommendations 8 jArts & Culture Advisory Committee Provide input on A & C Master Plan, public art selection, events, & public art programs 9 1 Diversity, Equity, & Inclusion Comm. Provide recommendations on four initial study topics %-UD5 I16led In chronological order Page 122 of 199 PLANNING COMMISSION ESTABLISHED Planning Commission: (Planning & Building Safety) was established pursuant to the Planning Laws of the State of California (Sec. 65100-65106) on August 20, 1946 by City Ordinance #300. NUMBER OF MEMBERS The commission is comprised of 5-members, who must be residents of El Segundo. Not City Councilmembers serve on this commission. APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Four year term, without term limits. COMPENSATION In an amount of $50.00 per meeting MEETINGS The Planning Commission meets on the 2°d and 4" Thursday of each month, at 5:30 p.m., at 350 Main Street, in City Hall Council Chambers. AGENDA/MINUTES Planning Commission Agendas Planning Commission Minutes DUTIES The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan; performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law; and, advises the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. OATH Yes. Members Brenda Newman Ryan Baldino Michelle Keldorf Kevin Maggay Jay Hoeschler Date of Appointment 04/20/2021 04/20/2021 06/ 19/2018 04/20/2021 06/20/2017 Date Term Expires 06/30/2024 06/30/2024 06/30/2022 06/30/2023 06/30/2021 Page 123 of 199 RESOLUTION NO.2833 A RESOLUTION ESTABLISHING PROCEDURAL RULES FOR CONDUCTING PLANNING COMMISSION MEETINGS IN ACCORDANCE WITH EL SEGUNDO MUNICIPAL CODE SECTION 2-1-8 AND APPLICABLE LAW BE IT RESOLVED by the El Segundo Planning Commission as follows: SECTION 1: Pursuant to El Segundo Municipal Code ("ESMC") Section 2-1-8 and applicable law, the Planning Commission adopts the attached bylaws. This Resolution supersedes all previous resolutions purporting to establish rules and procedures for conducting Planning Commission meetings including Rules of Procedure adopted on or about March 24, 2011. Accordingly, those resolutions are rendered moot upon adoption of this Resolution and are accordingly repealed. SECTION 2: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 14th day of December, 2017. ATTEST: P yyi Sa ee, Secre ary APPROVED AS TO FORM: By: _ I - Da ing, Assi to City Attorney Rya ino, Chaherson City ITISegundo Planning Commission Baldino - Aye Hoeschler - Aye Newman - Aye Nicol - Aye Wingate - Aye Page 124 of 199 BYLAWS OF THE El SEGUNDO PLANNING COMMISSION Effective December 14, 2017 I AUTHORITY 1 Authority: Pursuant to ESMC Section 2-1-8 and applicable law, the Planning Commission establishes these by-laws. The following Rules become effect upon the Planning Commission's adoption and remain effective unless amended or superseded. These Rules are intended to comply with, the Ralph M. Brown Act (Government Code §§54950-54962). The Brown Act will supersede any conflicting provision of the Rules. II MEMBERS A Officers and Staff 1 Chairperson: The Chairperson is elected by a majority vote of the Commission for a one- year term in December for the following calendar year. The Chairperson must be a Member of the Planning Conm-iission and retains all the powers of a Commissioner. The Chairperson will preside over meetings of the Commission and will sign documents of the Commission. 2 Vice Chairperson: The Vice Chairperson is elected by a majority vote of the Commission for a one-year term in December for the following calendar year. The Vice Chairperson must be a Member of the Planning Commission and retains all the powers of a Commissioner. The Vice Chairperson will preside over meetings of the Commission in the absence of the Chairperson and may sign documents of the Commission in the Chairperson's absence. 3 Secretary: The Director or a Deputy Secretary appointed by the Director of Planning and Building Safety ("Director") serves as the Secretary. The Secretary will attend all meetings of the Commission unless excused and will record, prepare, and maintain the Commission's official record and perform other related duties as prescribed by the Commission. The Secretary may make recommendations and has the right to take part in all discussions of the Commission, but cannot vote. 4 City Attorney: The City Attorney or Assistant City Attorney ("City Attorney") will attend all meetings of the Commission. The City Attorney, upon request, may give opinions, either written or oral, on questions of law and act as the Commission's parliamentarian. B Selection of Officers 1 Time of Election: The election of the Chairperson and Vice Chairperson will take place at the first regular meeting of the Planning Commission in December of each year. The term as Chairperson and Vice Chairperson will be for the following calendar year. I PAPlanning & Building Safety\_PlanninePlanning Commission\Rules and by-laws\2017 Draft PC bylaws.docx Page 125 of 199 2 Requirements to Serve as Chairperson and Vice -Chairperson: To be considered for the office of Chairperson and Vice -Chairperson, a Commissioner must be a member of the Commission for at least six calendar months. Previous service does not disqualify a Commissioner from service as the Chairperson or Vice -Chairperson. 3 Procedure for Chairperson and Vice Chairperson Election: Any member of the Planning Commission may nominate any qualified member of the Planning Commission as Chairperson, including him or herself. The motion of nomination requires a second and must receive a vote of a majority of the Planning Commission to pass. Once a chairperson is elected, the election of the Vice Chairperson will follow in the same manner. 4 Vacancy of Office: The Vice -Chairperson succeeds the Chairperson if the Chairperson vacates office before his or her term is completed. The Vice -Chairperson will then serve the unexpired term of the Chairperson. The new Vice -Chairperson shall be elected at the next regular meeting following such a vacancy. If the Vice -Chairperson vacates office before his or her term of office is completed, the new Vice -Chairperson will be elected at the next regular meeting following such a resignation. III MEETINGS 1 Open to Public: All meetings (except closed sessions as provided by State law) of the Commission are open to the public. 2 Meeting Dates/Times: Regular meetings will be held on the second and fourth Thursdays of each month. All regular meetings will convene at 5:30 p.m. unless noticed at a different time by publishing a notice and/or posting a notice in at least three conspicuous places. Adjourned regular or special meetings may be called by the Chairperson or a majority of the Commission. 3 Amendment/Suspension: The Commission may amend or suspend these rules at any time upon majority vote of the Commission. A Agendas 1 Agenda Preparation: The Agenda will be prepared in accordance with the procedure directed by the Director. The Agenda should be delivered to the Chairperson and Commissioners by 5:00 p.m. on the Friday before the Commission's regular meeting. In the event of a Special Meeting, Agendas should be delivered as promptly as is practicable. 2 Consent Calendar: Items listed under the Consent Calendar are those items the Director believes will not require Commission discussion and are routine in content. Items may be pulled for separate discussion or clarification at any Commissioner's request, or upon receipt of a written request for public comment on the item. 3 Document Preparation: Unless otherwise directed by the Commission or Director, all draft resolutions must be approved as to form and legality by the City Attorney prior to being placed on an agenda. 2 P:Tlanning & Building safety\_Planning\Planning Conimission\Rules and by-laws\2017 Drafl PC bylaws.docx Page 126 of 199 B Rules of Order 1 Conduct of Meetings: Planning Commission proceedings should be governed by common sense and good taste. Pursuant to applicable laws, including the El Segundo Municipal Code, any issue of procedure relating to the conduct of a meeting or hearing not otherwise provided for in these bylaws may be determined by the Chairperson, subject to a vote of the entire Commission. In addition, the Planning Commission may, upon majority vote, alter or modify any provision of this Policy when appropriate or desirable. 2 Presiding Officer: The Chairperson, if present, will preside at all meetings. In the Chairperson's absence, the Vice Chairperson will preside. 3 Call to Order: The Presiding Officer will bring the meeting to order at the time noticed in accordance with applicable law. In the absence of both, the meeting will be called to order by the Secretary and a Presiding Officer will be selected by the Commissioners present. 4 Quorum: Three members of the Commission constitute a quorum. Should less than a quorum be in attendance, the Secretary will list the attendees in the minutes, and they will adjourn the meeting to a later set time. In the event no members of the Commission are present the Secretary will adjourn the meeting to a later set time pursuant to Government Code Section 54955. 5 Right of Floor: Commissioners wishing to speak must first be recognized by the Presiding Officer and limit any remarks to the agenda matter being considered. 7 Point of Order: The Chairperson will determine all points of order, subject to the right of any Commissioner to appeal to a vote of a majority of the quorum. 8 Addressing the Commission: Any person may address the Commission under the following portions of the Agenda: Public Comments • Public Hearings With the consent of a majority of the quorum of the Commission C Public Participation 1 Subiect Matter: Members of the public may address the Commission only on items within the subject -matter jurisdiction of the Commission. A determination of whether an item is appropriate for discussion will be made by the Chairperson with the Commission's consent and upon advice by the City Attorney. 2 Speaker Protocol: Each person addressing the Commission should step to the podium and give their name and address for the record. Each speaker is limited to five minutes on Public Comment and all remarks must be directed to Commission as a body and not to any particular Commissioner. No question may be asked of Commissioners or City staff except through the Presiding Officer. No person, other than Commissioners and the person having the floor, are pennitted to participate in the discussion except as otherwise requested by the Chairperson. PAPIanning & Building Safety\_Planning\Planning Commission\Rules and by-Iaws\22017 Drafl PC bylaws.docx Page 127 of 199 3 Large groups: When any identifiable group of persons, as distinguished from the general public, seeks to address the Commission on the same agenda item, the Presiding Officer has the discretion to ask that the group select a spokesperson to address the Commission. If additional issues are to be presented at the hearing by any other member of such group, the Presiding Officer may limit the number of persons to address the Commission to avoid unnecessary repetition of information presented to the Commission. 4 Disrupting legal meetings: Any member of the public making disruptive remarks or who becomes disruptive while attending the Commission meeting so as to impede the orderly conduct of the meeting will be removed and barred from further audience before the Commission at that meeting unless permission to continue is granted by a majority vote of the Commission. D Public Hearings I Opening the Public Hearing: The Presiding Officer announces the subject of the Public Hearing, confirms with the Secretary that the hearing was correctly noticed, and declares the hearing open. Conflicts, if any, are declared and ex parte contacts, if any, are disclosed at this time. 2 Actions Limited to Posted A enda: The Planning Commission cannot take action on any item not appearing on the posted agenda except under the conditions permitted by Government Code Section 54954.2. Any Commissioner may make a motion to place an item on a future agenda. The motion is non -debatable and requires a majority vote. The Director has discretion as to when the item will be placed on the agenda, unless otherwise directed by the Planning Commission. 3 Staff Presentation: Staff summary report and other written material included in the agenda packet is received and filed. Written comments (e.g. protest, etc.) are noted for the record and Staff responds to Commissioners' questions. 4 Public Testimony: The purpose of public testimony is to provide an opportunity to interested persons wishing to support or oppose the matter being considered. The applicant or the applicant's representative will normally speak first and will have an opportunity for rebuttal after all other speakers are finished. At the conclusion of the public testimony the Presiding Officer may close the public hearing. 5 Commission Deliberation: After the Presiding Officer closes the public hearing, the Planning Commission may deliberate and make motions. The Commission may ask questions of speakers for clarification without reopening the public hearing, however, the Presiding Officer may also reopen the public hearing at any time prior to the Commission taking a final vote on an item. 6 Motions: A motion may be debated by the Commission after it is made. If a second is not forthcoming, the motion dies for lack of a second. If the motion is seconded, the debate may continue. a P:\Planning & Building Safety\_Planning\i'fanning Commission\Rules and by-laws\2017 Draft PC bylaws.docx Page 128 of 199 7 Precedence of Motions: When a motion to approve, deny or continue an action is made by a Member, no other motion may be considered except: • Motion to Amend —(debatable only as it relates to the amendment). Amendments are voted on first, the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time. • Motion to Postpone —(a motion to postpone indefinitely is debatable). If such a motion is adopted, the principal question is lost. • Motion to Table--(undebatable and not subject to amendment). The purpose of a motion to table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken from the table at any time before the adjournment of the next regular meeting. If the item is not taken from the table in the time specified, the business of the item is lost. • Motion for Previous Question —a motion for previous question closes debate on the main motion and is non -debatable. If motion fails, debate is reopened; if motion passes, then vote must be taken on the main motion. 8 Commission Action: The Commission may, at this time: • Close the public hearing and vote on the motion at hand. • If a motion to amend is made, additional public comment may be warranted. Significant amendments will require a new public hearing to be scheduled. • Continue the open Public Hearing. This should be done if any additional information is requested. Continuing a Public Hearing to a specific date does not require additional notice. Anyone may request a continuance of an item and the Commission, by majority vote, may grant a continuance. • Close the Public Hearing and continue the matter to a later date for a decision (note that no additional reports or testimony may be received if the Public Hearing is closed). 9 Silence: During a collective vote (Ayes and Nays), silence of any Commissioner denotes an affirmative vote. 10 Failure to Vote: Every Commissioner should vote unless disqualified by reason of a Conflict of Interest. Members who abstains because of a legal conflict of interest are not counted as part of the quorum and are not deemed to be voting. If members abstain for reasons other than a legal conflict of interest, they will be counted in establishing a quorum. Such an abstention will be counted with the majority vote of the quorum unless there is no majority, in which case it will not be counted as a vote. 11 Lost Motions: A lost motion is one that fails to receive the necessary number of votes to carry. To revive a lost motion at the same meeting, the proper action is a motion to reconsider. 12 Tie Votes: If a tie vote occurs when a Member of the Commission is absent, the item will be automatically continued once to the next regular meeting of the Commission. Except in the event of an appeal to the Commission, if a tie vote occurs as a result of the abstention of a Commissioner, the motion is lost. If a tie vote on an appeal occurs as a result of the abstention of a Commissioner, the appeal is deemed denied. 5 PAPlanning & Building Safety\_Planning\Planning Commission\Rules and by-laws\2017 Draft PC bylaws.docx Page 129 of 199 13 Changing the Vote: Commissioners may change their vote only if the change is made immediately following the announcement of the vote by the Presiding Officer and before the next agenda item is announced. 14 Abstention: Commissioners who publicly announce that they are abstaining from voting on a particular matter will not subsequently be allowed to withdraw the abstention. 15 Motion to Reconsider: A motion to reconsider any action taken by the Commission may be made in accordance with the following: • The motion must be made by a Commissioner of the majority vote, or, in the case of a lost motion, by any Commissioner and may be seconded by any Commissioner. • The motion must be made before the adjournment of the meeting at which the original action was taken. • The motion is debatable and has precedence over a pending motion. • Except as otherwise provided, if the action to be reconsidered is a Public Hearing item, it must be re -noticed in the event the motion to reconsider passes. Where it is clearly established that all interested members of the public are still present, the item may be reconsidered without further notice. E Minutes 1 Minutes of Proceedings: The Secretary will record an account of all public proceedings of the Planning Commission into the Commission's official minutes. These minutes will become public record after Commission approval. Unless requested by a majority of the quorum, minutes may be approved without reading. 6 PAPlanning & Building Safety\_Planning\Planning Commission\Rules and by-laws\2017 Drag PC bylaws.docx Page 130 of 199 RECREATION AND PARKS COMMISSION ESTABLISHED Recreation and Parks Commission: (Recreation & Parks) was established on May 14, 1956 by Resolution # 1618 NUMBER OF MEMBERS The commission is comprised of 5-members, who must be residents of El Segundo. APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Four year term, without term limits. COMPENSATION $50.00 per meeting MEETINGS The Recreation and Parks Commission meets on the 3`d Wednesday of each month, at 7:00 p.m., at 350 Main Street, in City Hall Council Chambers in City Hall Council Chambers. AGENDA/MINUTES Recreation & Parks Commission Agendas and Minutes DUTIES The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees. It makes recommendations to the City Council regarding level of services, policies and assists in implementing Recreation and Parks Department improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and in the acquisition and disposal of park property. OATH Yes. Members Date of Appointment Date Term Expires Dave Lubs 06/15/2021 05/30/2025 Robert Motta 06/1.5/2021 05/30/2025 Kelly Watson 06/15/2021 05/30/2024 Lee Davis 07/16/2019 05/30/2023 Julie Stolnack 06/19/2018 05/30/2022 Page 131 of 199 RESOLUTION NO. 1618. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A RECREATION AND PARKS COMMISSION IN AND FOR SAID CITY; PROVIDING FOR THE FUNCTIONING OF SUCH COMMISSION; AN➢ REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: SECTION 1. That a Recreation and Parks Commission shall be and the same is hereby created in and for the City of E1 Segun- do, California. SECTION 2. That said Commission shall consist of five members who shall be appointed by the City Council of said City from the citizens at large. SECTION 3. Of the members of said Commission first ap- pointed, two shall be appointed for terms of one year each; one for a term of two years; one for a term of three years; and one for a term of four years. Their successors shall be appointed for terms of four years each, if a vacancy shall occur, otherwise than by expiration of the term, it shall be filled by appointment as in the first instance for the unexpired portion of the term. SECTION 4. The Recreation and Parks Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks, recreation, parkways and street trees. (b) Consider the annual budget for parks, recreation, park- ways and street tree purposes during the process of its prepara- tion and make recommendations with respect thereto to the City Council and the City Administrative Officer or City Manager. - 1 - Page 132 of 199 &4zz STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. I, Neva M. Elsey, 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. 1618 , was 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 14th day of May, 1956, and that the same was so passed and adopted by the follow- ing vote: AYES: Councilmen Baker, Frederick, Meschuk and Mayor Benfielda NOES: Councilmen None; ABSENT: Councilman Gordon. WITNESS my hand and the official seal of said city this 14th day of May, 1956. (SEAL) - 3 - City Clerk of the C' y of E1 Segundo, California. Page 133 of 199 SENIOR CITIZEN HOUSING CORPORATION BOARD ESTABLISHED Senior Citizen Housing Corporation Board: (Recreation & Parks) is a non-profit corporation formed in 1984 for the construction of the low-income housing facility for seniors, referred to as "Park Vista." NUMBER OF MEMBERS The Board, comprised of five (5) directors, all El Segundo residents (per revised bylaws July 7, 2015). APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Four year term, without term limits. COMPENSATION No compensation. MEETINGS The Board meets on the 4"' Wednesday of every month, at 3:30 p.m., at Park Vista, 615 E. Holly Avenue, El Segundo. Via Zoom at this time. AGENDAS/MINUTES Senior Housing Board Corporation DUTIES The Board was established to actively oversee the management, operation, maintenance, and finances of Park Vista. The Board enters into an operating agreement with the City Council and enlists a management company to operate the facility. OATH Yes, administered by the City Clerk or Deputy City Clerk. Members Paula Rotolo Paul Lanyi Julia Newman Timothy Whelan Denise Fessenbecker Date of Appointment 06/19/2018 05/18/2021 05/18/2021 05/18/2021 05/18/2021 Date Term Expires 06/30/2022 06/30/2025 06/30/2025 06/30/2024 06/30/2024 Page 134 of 199 11. PULLED BY STAFF 12. Receive and file this report regarding emergency work to repair dwelling units at the Park Vista Senior Housing Facility due to water intrusion without the need for bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ("ESMC") §§ 1-7-12 and 1-7A-4. (Fiscal Impact: $50,000.00) 13, Authorize the City Manager to enter into a Professional Services Agreement No. 4893, in a form approved by the City Attorney, with Isaac Sports Group to provide consulting services related to the design, development, and construction of the new Aquatics Center at Wiseburn High School and plan for the future renovation of the Urho Saari Swim Stadium. (Fiscal Impact: Not to exceed $50,000 over the course of FY14/15, FY15/16, FY16/17 & FY17/18) 14. Adopt Resolution No. 4928 amending the bylaws of the Senior Citizen Housing Board Corporation to reduce the authorized number of Directors from seven to five. (Fiscal Impact: None) 15. PULLED BY COUNCIL MEMBER ATKINSON MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to approve Consent Agenda items 7, 8, 9, 10, 12, 13, and 14. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 11. Consideration and possible action to 1) award a standard Public Works Contract to the lowest responsible bidder, CLS Constructors, or the 2014-2015 Curb, Gutter, Sidewalk, and other Concrete Improvements Project, 2) amend the Maintenance Agreement with West Coast Arborist for tree removal and replacement at locations associated with the Project, 3) authorize additional work up to the budgeted amount. Project No. PW 14-16. (Fiscal Impact: $500,000.00) Mark Hensley, City Attorney, suggested rejecting all bids concerning this item due to irregularities. Council Discussion MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to reject all bids and return to the bidding process. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 15. Consideration and possible action to adopt Ordinance No. 1510, updating the El Segundo Municipal Code amending Title 13 of the El Segundo Municipal Code Page 135 of 199 EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 2015 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a Resolution to amend the Park Vista Senior Housing Board Corporation's bylaws to reduce its authorized number of directors from seven to five. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Adopt the Resolution amending the bylaws of the Senior Citizen Housing Board Corporation to reduce the authorized number of Directors from seven to five. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution to amend Senior Citizen Housing Board Corporation Bylaw 2. Updated Senior Housing Board Corporation Bylaws FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Jesse Bobbett, Recreation Superintendents REVIEWED BY: Meredith Petit. Director ❑f Rec ation And P APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: . The Senior Citizen Housing Board Corporation was established on October 23, 1984 by City Council after funding for the Park Vista Housing Facility received voter approval on November 8, 1983. This 501(c)3 non-profit corporation was created to administer the operation of Park Vista at 615 E. Holly and to encourage affordable housing for senior residents within the City's jurisdiction. The Board is comprised of seven Board of Directors designated by City Council and hold offices for four years. On March 26, 2015, one board member whose term was set to expire on June 30, 2015, resigned her position effective immediately due to personal reasons. With a second board member's term also expired as of June 30, 2015, and no desire to return to the board, the board voted to agendize and discuss a possible reduction in the total number of board members from seven to five at the June 2015 meeting. At the regular monthly meeting on June 24, 2015, the Board of Directors voted 4-1 in favor of amending the bylaws and reducing the number of authorized directors from seven to five members. The Board's reasoning for the reduction was to make meetings more efficient by reducing the length of monthly meetings and the amount of discussion on each item due to the number of directors. Additionally, most of the City's Commissions, Committees, and Boards are comprised of five positions; therefore, this modification would make the Senior Housing Board more consistent with the other City Council - appointed bodies. Per the Senior Housin4( Board Corporation Bylaws, amendments may be adopted by the 1 4- vote of a majority of the members of the Board of Directors with final approval by City Council. 117 Page 136 of 199 On July 7, 2015, City Council voted in favor of approving the recommended changes to the bylaws by a vote of 5-0. City Staff recommends that the City Council adopt the proposed Resolution amending the bylaws. UM Page 137 of 199 RIMMIM, 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 El Segundo Senior Citizen Housing Corporation (the "Corporation") was formed by the City of El Segundo in 1984 for purposes of operating the Park Vista senior citizen housing facility and providing affordable housing opportunities for El Segundo seniors. B. The Corporation's Bylaws provide for a Board of Directors consisting of seven members. The Bylaws further provide that any amendment thereto adopted by the Board of Directors is not effective without the approval of the City Council, C. On June 24, 2015, the Corporation's Board of Directors approved an amendment to the Bylaws reducing the number of authorized Directors from seven to five. D. On July 7, 2015, the City Council heard and considered the Board's proposed amendment to the Corporation's Bylaws. SECTION 2. AMENDMENT OF THE HOUSING CORPORATION BYLAWS. Section 4(C)(1) of the Bylaws of the El Segundo Senior Citizen Housing is hereby amended to read as follows: "(1) Authorized Number. The authorized number of Directors shall be five." SECTION 3. The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 4. This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 4' day of August, 2015. Suzanne Fuentes, Mayor 119 Page 138 of 199 ATTEST: Tracy Sherrill Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Asst. City Attorney 120 Page 139 of 199 Section 1. Princinal Office. The principal office for the transaction of the activities and affairs of the El Segundo Senior Citizen Housing Corporation (hereinafter "Corporation") is located at the City Hall (350 Main Street) of the City of El Segundo, California, 90245. The Board of Directors (hereinafter "Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these bylaws opposite this Section, or this Section may be amended to state the new location. Section 2. Purposes and Limitations. A. The purposes for which this Corporation is formed are: (1) To establish policies for the operation of and to operate the City of El Segundo Senior Citizen Housing Project, (2) To provide affordable housing opportunities for El Segundo senior Residents. (3) To promote the common good and general welfare of the senior Residents of the City of El Segundo and, (4) Any other purposes beneficial to the public. B. The limitations of the activities of this Corporation are as follows: (1) No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, nor shall this Corporation participate or intervene directly or indirectly, in any political campaign (including publishing or distribution of statements) on behalf of or against any candidate for public office. (2) This Corporation is organized and operated exclusively for social welfare purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. Notwithstanding any other provision of these articles, the Corporation shall not, except to an insubstantial degree, carry on or engage in any other activities or exercise any powers not permitted to be carried on or exercised by a corporation exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code. M 121 Page 140 of 199 Section 3. Members. This corporation shall have no members. Section 4. Directors. A. Powers: Subject to the provisions and limitations of the California Public Benefit Corporation Law and any other applicable laws, and subject to any limitations of the Articles of Incorporation, the Operating Agreement between the City of El Segundo and the Corporation and these Bylaws, the Corporation's activities and affairs shall be managed, and all corporate powers shall be exercised, by or Linder the direction of the Board, B. Specific Powers: Without prejudice to the general powers set forth above, but subject to the same limitations, the Directors shall have the power to: (1) Change the principal office or the principal business office in California from one location to another, and designate any place for holding any meeting of the Board. (2) Adopt and use a corporate seal and alter the form of the seal. (3) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the Corporation's purposes in the Corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. C. Number and Qualifications of Directors: (1) Authorized Number and Qualifications - The authorized number of Directors shall be five (5). (2) All directors shall be Residents of El Segundo. M Page 141 of 199 (3) All Directors shall be designated by the City Council of El Segundo. Each Director shall hold office for four years, except that the initial Directors shall hold office for staggered terms of one, two, three or four years, as designated by the City Council. Any Director may repeat consecutive terms if recommended by the remaining Directors and approved by City Council. D. Vacancies on Board: (1) Events Causing Vacancy - A vacancy or vacancies on the Board shall exist on the occurrence of the following: (a) the death of resignation of any Director; (b) the declaration by resolution of the Board of a vacancy in the office of a Director who has been declared of unsound mind by order of court, convicted of a felony, or found by final order or judgment of any court to have breached a duty under Article 3 of Chapter 2 of the California Nonprofit Public Benefit Corporation Law; (c) the declaration by resolution of the Board of a vacancy in the office of a Director who has failed to attend and participate in three (3) consecutive regular meetings of the Board or who has failed to attend and participate in five (5) meetings of the Board over the course of one year. This provision shall be reviewed annually by the Board at its annual meeting and revised as necessary. (2) Resignations - Except as provided below, any Director may resign by giving written notice to the President or the Secretary. The resignation shall be effective when the notice is given unless it specifies a later time (not to exceed sixty days) for the resignation to become effective. Except on notice to the Attorney General of California, no Director may resign if the Corporation would be left without a duly elected Director or Directors. (3) Filling Vacancies - Within thirty (30) days of the occurrence of a vacancy or vacancies pursuant to Sections 4D(1) or (2) above, the Board shall identify the area(s) of expertise needed by a replacement Director or Directors and shall advise City Council, in writing, of the existence of a vacancy and the criteria to be evaluated in filling the vacancy. The City Council shall actively advertise any vacancy. Utilizing the criteria identified by the Board, City Council shall appoint a replacement Director or Directors to fill the unexpired term or terms within sixty (60) days after receiving notice of the existence of such vacancy or vacancies. WE im Page 142 of 199 (4) No Vacancy on Reduction of Number of Directors -- No reduction of the authorized number of Directors shall have the effect of removing any Director before that Director's term of office expires. D. Directors' Meetings: (1) Place of Meetings - Meetings of the Board shall be held at any place that has been designated by resolution of the Board or in the notice of the meeting or, if not so designated, at the principal office of the Corporation. (2) Annual Meeting - Immediately after each annual meeting, the Board shall hold a regular meeting for purposes of organization, election of officers, and transaction of other business. The annual meeting is designated as the July meeting. (3) Other Regular Meetings - Other regular meetings of the Board may be held at such time and place as the Board may fix. Meeting dates and times are posted three days in advance of each meeting. (4) Special Meetings - Authority to Call - Special meetings of the Board for any purpose may be called at any time by the President or Vice President, or the Secretary or any two Directors. (5) Notice - Notice of the time and place of special meetings shall be given to each Director by one of the following methods: (a) by personal delivery of written notice; (b) by first-class mail, postage prepaid return receipt requested; (c) or by telephone, either directly to the Director or to a person at the Director's office or residence who would reasonably be expected to communicate that notice promptly to the Director. All such notices shall be given or shown on the records of the Corporation. Notices sent by first-class mail shall be deposited in the United States mail at least six days before the time set for the meeting. Notices given by personal delivery or telephone shall be delivered or telephoned at least 48 hours before the time set for the meeting. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation. It need not specify the purpose of the meeting. W im Page 143 of 199 (6) Quorum - A majority of the authorized number of Directors (or such reduced number, if a vacancy or vacancies exist) shall constitute a quorum for the transaction of business. (7) Waiver of Notice - Notice of a meeting need not be given to any Director who, either before or after the meeting, signs a waiver of notice, a written consent to the holding of the meeting, or an approval of the minutes of the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given to any Director who attends the meeting and does not protest, before or of the commencement of the meeting, the lack of notice to him or her. (8) Adjournment - A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. (9) Notice of Adjourned Meeting - Notice of the time and place of holding an adjourned meeting need not be given unless the original meeting is adjourned for more than 24 hours. If the original meeting is adjourned for more than 24 hours, notice of any adjournment to another time and place shall be given, before the time of the adjourned meeting, to the Directors who were not present at the time of the adjournment. Section 5. Officers. A. Officers of the Corporation: The officers of the Corporation shall consist of the President, Vice President, the Secretary, and the Chief Financial Officer. No two offices may be concurrently held by the same person. Should both the President and Vice President be absent from a meeting, the most senior Director who is neither Secretary nor Chief Financial Officer shall be acting President. IN 125 Page 144 of 199 The Board of Directors shall elect all officers of the Corporation for terms of one year, or until their successors are elected and qualified. Officers shall be elected at the annual meeting. C. Responsibility of Officers: (1) President - The President shall be the general manager of the Corporation and shall supervise, direct, and control the Corporation's activities, affairs, and officers. The President shall preside at all Board meetings. The President shall be responsible for representing the Corporation, before -other governmental agencies. The President shall have such other powers and duties as the Board or the bylaws may prescribe. (2) Vice President - If the President is absent or disabled, the Vice President shall perform all duties of the President. When so acting, the Vice President shall have all powers of and be subject to all restrictions of the President. The Vice President shall have such other powers and perform such other duties as the Board or the bylaws may prescribe. (3) Secretary - The Secretary shall keep or cause to be kept, at the Corporation's principal office or such other place as the Board may direct, a book of minutes of all meetings, proceedings, and actions of the Board, and of committees of the Board. The minutes of meetings shall include the time and place that the meeting was held, whether the meeting was annual, regular, or special, and, if special, how authorized, the notice given, the names of those present at Board and committee meetings. The Secretary shall keep or cause to be kept, at the principal office in California, a copy of the Articles of Incorporation and bylaws, as amended to date. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these bylaws to be given. The Secretary shall keep the Corporate sea] in safe custody and shall have such other powers and perform such other duties as the Board or the bylaws may prescribe. 13 IM Page 145 of 199 (4) Chief Financial Officer - a. Books of Accounts - The Chief Financial Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books of accounts of the Corporation's properties and transactions. The Chief Financial Officer shall send or cause to be given to the Directors such financial statements and reports as are required to be given by law, by these bylaws, or by the Board. The books of accounts shall be open to inspection by any Director at all reasonable times. b. Deposit and Disbursement of Money and Valuables - The Chief Financial Officer shall deposit, or cause to be deposited all money and other valuables in the name and to the credit of the Corporation with such depositories as the Board may designate; shall disburse the Corporation's funds as the Board may order; shall render to the President and the Board, when requested, an account of all transactions as the Chief Financial Officer and of the -financial condition of the Corporation; and shall have such other powers and perform such other duties as the Board or the bylaws may prescribe. C. Bond - If required by the Board, the Chief Financial Officer shall, at the expense of the Corporation, give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money, and other property of every kind in the possession or under the control of the Chief Financial Officer on his or her death, resignation, retirement, or removal from office. Section 6. Indemnification. A. Right of Indemnification: To the fullest extent permitted by law, this Corporation shall indemnify its Directors, Officers, employees, and other persons described in Section 5238(a) of the California Corporations Code, including persons formerly occupying any such position, against all expenses, judgments, fees, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding", as that term is used in that Section, and including an action by or in the right of the Corporation, by reason of the fact that the person is or was a person described in that section. "Expenses", as used in this bylaw, shall have the same meaning as in Section 5238(a) of the California Corporation Code. W, im Page 146 of 199 B. Approval of Indemnity: On written request to the Board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporation Code, the Board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the Board shall authorize indemnification. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of Directors who are not parties to that proceeding, the Board shall promptly call a meeting of City Council. At that meeting, the Council shall determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the Council members present at the meeting in person or by proxy shall authorize indemnification. C. Advancement of Expenses: To the fullest extent permitted by law and except as otherwise determined by the Board in a specific instance, expenses incurred by a person seeking indemnification under Section 6 of these bylaws in defending any proceeding covered by those Sections shall be advanced by the Corporation before final disposition of the proceeding. On receipt of the Corporation of an undertaking by or on behalf of that person, the advance will be repaid, unless it is ultimately determined that the person is entitled to be indemnified by the Corporation for those expenses. Section 7. Insurance. The Corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its Officers, Directors, employees, and other agents, against any liability asserted against or incurred by any Officer, Director, employee, or agent in such capacity or arising out of the Officer's Director's, employee's, or agent's status as such. Section 8. Amendments. These bylaws may be amended or repealed and new bylaws adopted by the vote of a majority of the members of the Board of Directors. No bylaw shall be amended or repealed and new bylaws shall not be adopted, without the prior approval of the City Council. EM Page 147 of 199 CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE ESTABLISHED Capital Improvement Program Advisory Committee: (Public Works). Members serve without compensation, for 4-year terms, without term limits. NUMBER OF MEMBERS CIPAC is comprised of a 5-member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps). APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Four year term, without term limits COMPENSATION No MEETINGS The committee generally meets at 7:00 p.m., on a weekly basis in March, April and May, at City Hall, 350 Main Street with the goal of finalizing its recommendations to the City Council in June. AGENDAS/MINUTES Capital Improvement Program Advisory Committee (CIPAQ Agendas Capital Improvement Program Advisory Committee (CIPAQ Minutes DUTIES The Director of Administrative Services and the Director of Public Works provide staff support to the committee. The committee assists in the development of the 5-year Capital Improvement Program ("CIP"). Each year staff proposes CIP projects for a 5-year period. The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process. In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public. OATH Yes Members Jerome Scott Eric Kari William Whalen Mike Van Kleeck Mike Rotolo Date of Appointment 06/15/15 06/19/18 06/16/15 10/20/ 15 10/20/ 15 Date Term Expires 11/30/20 11 /30/21 11/30/19 11/30/19 11/30/19 Page 148 of 199 RECESS at 7:30 P.M. RECONVENED at 7:44 RM. ROLL CALL Mayor Jacobson, Mayor ProTem Dannen and Councilman West present; Councilman Wise absent. mm_ Revised Preliminary YY I w -w. Bex v�rm�& City Manager Cano presented the new format for the Preliminary Budget Mayor Jacobson stated they needed same format in service as in Salaries. He stated he marked his Up to have actuals for previous year and for the coming year. He then questioned when the CIF would be available; City Manager Cano responded it was estimated within two to three weeks. Mayor ProTem Dannen questioned whether Council was going to allow mid -year changes or not; City Manager Cano stated they should. lie stated the revised farms were easier to read should there be a requirement for mid -year changes. MOVED by Mayor ProTem Dannen; SECONDED by Councilman West to approve new budget format and to incorporate errata listing to previous preliminary budget. Di ion on the lbrmatiOxx Of R Capital ImProvwnent Progmm Adviwry Comrniqae L(12AC) to work on the City"a flm (5) year Carrital itanrovernant plan. Ken Putnam, Public Works Director, presented a report to Council stating he was recommending seven members be appointed to the committee ( I from the Chamber of Commerce, 3 Residents, 2 Industry, and I representative from the Recreation &- Parks Commission:. Councilman West questioned whether the Planning Commission would be involved: Mr. Putnam responded they would not. -Mayor ProTem Dannen stated he felt the Council could always use more help from the Community, and that this opportunity would be an ideal way to accomplish it. Thus, this will help the new councilmembers. He stated he wanted this committee to be on- going Year-to-year, and recommended there be only five members 43 Residents and 2 Industry). All to be appointed by the City Council Mayor Jacobson recommended monthly committee meetings because of the CIP beinga 5-year budget. MOVED by Councilman West; SECONDED by Mayor ProTem Dannen to approve a five member committee of 3 Resident representatives and 2 Industrial/Commercial representatives, for four-year terms - to include staggered terms. All to be appointed by the City Council. MOTION PASSED BY UNAND&OUS VOICE voIE 3-0-1 (Coundiman Wme aboent). 3. ChappoU Development Company, Ina propooed mixed uoe ofopr,,,,t on djuid Ma-zincon AwL City Manager Cano stated staff was requesting Council authorization to allocate staff time ime (which includes a representative from the City Attorney's Office) and resources to work with Chappell Development Company to discussinegotiate, specific business points as outlined in the attached August 6, 1991 correspondence. Mayor ProTem Dannen recommended this item be turned over to staff and the City Attorney to research the laws, N"k-'W BUS124ESS - CITY AWORNMAY Eme-lv'em—L-, Amhul-am., Sprvim Agreercent- City Attorney Dollpy stated the proposed agreement mzur-,-- that existing emergency ambulance services offered by the City will continue tobeprovided without. challenge by the County of Las Aiig-eles, and that the County will continue to not be responsible for the cost of this service. Council Minutes September 3, 1991 Page 149 of 199 LIBRARY BOARD OF TRUSTEES ESTABLISHED Library Board of Trustees: (Library Services) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 1.8910 et seq. The bylaws were revised in July 2017. NUMBER OF MEMBERS The board is comprised of five -members, must be 1-year, or more, residents of El Segundo. APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Three (3) year term. There is no limit on the number of terms a member may serve. COMPENSATION No compensation. MEETINGS The board meets at 7:00 p.m., on the 2,d Tuesday of every other month, beginning in January, in the Friends of the Library Meeting Room. AGENDAS/MINUTES Library Board of Trustees' Agenda Library Board of Trustees' Minutes DUTIES The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups in the advancement of sound planning and programming. The board considers, reviews, edits, and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs. The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian. OATH Yes, administered by the City Clerk or Deputy City Clerk Members Date of Appointment Date Term Expires Kristie Sherrill 08/15/17 06/30/23 Sara Whelan 08/15/17 06/30/23 Carol Ericson 08/06/19 06/30/22 Janice Merva 08/06/19 06/30/22 David Jonta 07/17/18 06/30/21 Page 150 of 199 0 RESOLUTION NO. 3665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING A BOARD OF LIBRARY TRUSTEES. WHEREAS, Education Code Section 18910 et. seq. requires municipal Iibrary systems to have a board of library trustees; and WHEREAS, the City Council is desirous of complying with state law and providing for citizen review of library activities; THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. There is hereby established a board of library trustees to consist of five members to serve without compensation, The members of the board shall be appointed by the Mayor with the consent of the City Council. Members of the Board shall hold office for three years. No member may serve more than two terms. The members of the first board appointed shall so classify themselves by law that one member of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and two at the end of two years thereafter. The proceedings of the board shall be governed by the Provisions of Education Code Sections 18910-18918. The board may establish for itself bylaws not inconsistent with these foregoing Education Code Sections. The board of library trustees shall meet not less than monthly at a regular meeting the date and time of which shall be set by resolution at the initial meeting of the board. SECTION 2. The powers and duties of the board of library trustees shall be as follows: (a) The board of library trustees may make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the E1 Segundo Public Library; (b) The board of library trustees may administer any trust declared or created for the library, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library, (c) The board of library trustees may request the appropriate state officials to furnish the library with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law; (d) The board of library trustees shall, on or before August 31 in each year, report to the City Council and to the State Librarian on the condition of the library, for the year ending the 30th day of June preceding. The reports shall, 49 in addition to other matters deemed expedient by the board of trustees, contain such statistical and other information as is deemed desirable by the state librarian. SECTION 3. The City Council may, from time to time by resolution, expand or reduce the powers of the board of library trustees. Page 151 of 199 SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof and the records of the proceedings of the City Council of said City, and the minutes of the meeting in which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4th day of December, 1990. ATTEST: --------------------- Ronald L. Hart, City Clerk (SEAL) MAYOR 2 Page 152 of 199 L STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L_ Hart, 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, being Resolution No. 3665 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 4th day of December, 1990 and that the same was so passed and adopted by the following vote: AYES: Councilmembers Dannen, West, Wise and Mayor Jacobson NOES: None ABSENT: Councilman Clutter WIT NI ESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 3rd day of January, 1991. RONALD L. HART City Clerk of the City of El Segundo, California (SEAL) Page 153 of 199 ARTICLE I NAME The name of this organization shall be the Board of Trustees of the El Segundo Public Library. ARTICLE II — PURPOSE The Board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other goverrunental agencies and civic groups in the advancement of sound plarming and programming. The Board considers, reviews, edits and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs. The Board may administer any trust declared or created for the Library and receive by gift, devise, or bequest and hold. in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the Library. ARTICLE III -- QUALIFICATIONS Members of the Board shall be legal residents of the City of El Segundo for one (1) year prior to the time of appointment and during their tenure in office. ARTICLE IV — MEMBERSHIP Section I — Appointment to the Board The Board shall consist of five (5) members appointed by the Mayor with consent of the City Council. Section II — Term of Office Terms of office shall be for three (3) years. There is no limit on the number of teens a member may serve. To be re -appointed a member must go through the interview process and be selected by the City Council. Section III — Vacancy In the event of a vacancy the Mayor, with consent of Council, shall appoint a member to serve the unexpired term of his or her predecessor. Section IV — Compensation In accordance with City Council Resolution 3665, dated December 4, 1990, the Board shall serve without compensation. Page I of 4 Page 154 of 199 Section V — Removal If a member is absent without cause from three (3) successive regular meetings the Board may consider the office vacated. The Secretary of the Board shall notify the City Council of the action of the Board. ARTICLE V — MEETINGS All meetings shall be open and public pursuant to the Government Code of the State of California. Section I — Regular Meetings Regular meetings of the Board shall be bi-monthly, meeting the second Tuesday of January, March, May, July, September and November. Section II — Special Meetings Special Meetings of the Board may be held at any time upon the call of the President or by a majority of the voting members following at least 24 hours notice to each member. The time and place of the Special Meeting shall be determined by the President or a majority of the Board. Section III — Study Sessions/Workshops/Seminars The Board may be convened as a whole or as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session, workshop or attending a seminar provided that no official action will be taken and no quorum shall be required. Compensation may be made within budget amounts of the El Segundo Public Library, if approved by a majority of the Board. Section IV — Organization Meeting There shall be an annual organizational meeting for the Board at the regular meeting in July for the purpose of electing officers, appointing subcommittees and conducting regular business. Section V — Quorum A three (3) member majority of the Board shall constitute a quorum. A quorum is necessary for action by the Board. Section VI — Voting Each member shall have one vote. Section VII — Meeting Procedures Conduct of the meetings not specified in these Bylaws or by Council Resolutions shall conform with Robert's Rules of Order. Revised. Page 2 of 4 Page 155 of 199 ARTICLE VI — OFFICERS Officers of the Board shall be a President, A Vice President and a Secretary/Treasurer, who shall serve at the pleasure of the Board. Term of office shall be for one (1) year. Duties of the officers shall conform to the regular parliamentary duties as set forth by Robert's Rules of Order Revised, unless otherwise stated. Section I — President The President shall preside over the meetings of the Board. The Agenda shall be the mutual responsibility of the President and the Library Director. Section II — Vice President During the absence, disability, or disqualification of the President, the Vice -President shall perfoi7n all the duties and be subject to all the responsibilities of the President. The Vice President shall succeed the President if he/she vacates the office before the term expires. A new Vice President shall be elected at the next regular meeting. Section III — Secretary/Treasurer The Secretary/Treasurer shall be responsible for the minutes of all actions of the Board. ARTICLE VII — OFFICIAL DOCUMENTS Section I — Minutes Minutes of all meetings shall be prepared and maintained with the Board's records. Copies shall be distributed to each Board Member, City Council Member and to the City Clerk. Section 11— Distribution of Documents Preparation and distribution of Board documents to the members, City Council and City Clerk shall be the responsibility of the Director of Library Services. ARTICLE VIII — CONDUCT OF MEMBERS Section I — Personal Board members shall make no personal commitment to speak on behalf of the Board without majority approval. Section II — Conflict of Interest Each Board member shall abstain from participating in any matter to come before the Board in which he or she has any direct or indirect economic interest. Should conflict of interest exist, the Board member shall remove himself/iierself from discussions and abstain from voting. Each April, a Conflict of Interest Statement shall be filed with the City Clerk. Section III — Other Committees and Meetings No Board member shall attend any meetings as a representative of the Board without majority consent. Page 3 of 4 Page 156 of 199 ARTICLE IX — ELECTIONS Candidates for Board offices shall be proposed by a nominating committee consisting of two (2) Board members. A quorum consisting of three (3) Board members shall be required to hold an election. Election shall be by secret ballot. A majority vote shall be required to be elected. The Library Director shall be responsible for counting votes and announcing the results. Officers shall assume duties immediately following election. ARTICLE X — SELECTION OIL PUBLIC LIBRARY DIRECTOR The Board requests the presence of a Trustee during the interview process for selection of the Library Director, Approved this 1 I "' day of July, 2417. President, Library Board of Trustees lebrVaMighton Director, Library Services BYLAWS/Approved at tine Board Meeting, 711 tt I7 Page 4 of 4 Page 157 of 199 INVESTMENT ADVISORY COMMITTEE ESTABLISHED Investment Advisory Committee: (Treasurer) was established by Resolution #3764 dated June 2, 1992. NUMBER OF MEMBERS The committee is comprised of four -members, two members (one of whom must be a resident of El Segundo) APPOINTMENT Two are automatic appointments — (City Treasurer and Finance Director); the other two are appointed by the City Council. TERM OF OFFICE Four year term, without limits. COMPENSATION No compensation. MEETINGS The committee meets quarterly at City Hall, 350 Main Street, El Segundo, on the 3rd Tuesday in March, June, September and December. DUTIES The committee advises the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds. OATH Yes, administered by the City Clerk or Deputy City Clerk. Members Date of Appointment Date Term Expires Stephen Smetana 06/19/18 08/30/21 Vacant Matthew Robinson, City Treasurer Finance Director Joe Lillio Page 158 of 199 RESOLUTION 3764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ESTABLISHING AN INVESTMENT ADVISORY COMMITTEE. WHEREAS, the safekeeping and investment of funds of the City of El Segundo is essential to providing for the needs of residents of the City. WHEREAS, the City of E1 Segundo desires to invest its surplus funds in a safe and prudent manner to provide additional income to the City. WHEREAS, the City Council of the City of E1 Segundo believes that the City would benefit from the advice and assistance of persons with experience in the investment field on the investment Of City funds. WHEREAS, the City Council of the City of El Segundo believes that the creation of an Investment Advisory Committee to review City investments and make recommendations to the City Treasurer and City Council concerning investments of City funds will help ensure that City funds are invested in a safe and prudent manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby establish an Investment Advisory Committee ("Committee"). The structure and actions of the Committee are governed by the terms of this resolution as it may be revised from time to time. SECTION 2. NUMBER OF COMMITTEE MEMBERS The Committee shall have four (4) members appointed by the City Council to serve at the discretion of the City Council. SECTION 3. COMPOSITION OF COMMITTEE One member of the Committee shall be the City Treasurer. One member of the Committee shall be the Director of Finance of the City. One member of the Committee, excluding the City Treasurer and the Director of Finance, shall be a City resident. One member of the Committee, excluding the City Treasurer and Director of Finance, may be a non-resident of the City. Desirable qualifications of Committee members include, but are not limited to, work experience or educational background in banking, investments or finance. SECTION 4. TERM The members of the Committee shall serve a term of four (4) years. However, the terms of the initial two members, excluding the City Treasurer and Director of Finance, shall be as follows: One of the initial members to be designated by the City Council, shall serve a term of one (1) year and the other initial member shall serve a term of (3) three years. A member may be removed at any time from the Committee at the discretion of the City Council without a hearing. There shall be no limit to the number of terms an individual may serve. SECTION 5. COMPENSATION The members of the Committee shall not receive any compen- sation for their service on the Committee. R3764-City Treasurer City Council 6-2-1992 Page 159 of 199 SECTION 6. MEETINGS The Committee shall hold regular meetings quarterly - one meeting every three months during the fiscal year of the City. The Committee may call a special meeting to review and vote on approval of any new type of investment. SECTION 7. FUNCTIONSJDUTIES The Committee shall perform the following functions: (1) review and make recommendations on City investment policy and guidelines; (2) review and make recommendations on list of banking institutions working with the City; (3) review and make recommendations on list of brokers and dealers working with the city; (4) review and make recommendations on investments in the city portfolio, and (5) review and vote on recommendation of any new type of investment. SECTION 8. VOTING Any recommendations of the Committee must be approved by a majority of the members of the Committee except that the Commit- tee must unanimously approve any new type of investment which is authorized by an amendment of the state law provisions regulating investments of City funds. The City Clerk shall certify to the adoption of the passage and adoption of this Resolution; shall enter same in the Book of original Resolutions of said City, and shall make a Minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted. ATTEST: (SEAL) E] PASSED, APPROVED AND ADOPTED THIS 2nd day of June, 1992. Mayb.r of the �ity of El Segundo, California ty lerk R3764-City Treasurer City Council 6-2-1992 Page 160 of 199 STATE OF CALIFORNIA40 ] 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. -3764 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 2nd day of June, 1992, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Wise, and Councilmembers Robbins, Switz, and West. NOES: None ABSENT: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 12th day INDY Rr N City Clerk of , e City of El Segundo, California (SEAL) Page 161 of 199 ENVIRONMENTAL COMMITTEE ESTABLISHED El Segundo Environmental Committee: (Public Works) was established on February 6, 2008. NUMBER OF MEMBERS The committee, comprised of six -members, members from the business community, members from the residential community, one member from the El Segundo School District. APPOINTMENT All members are appointed by the City Council. TERM OF OFFICE Four year term, without term limits. COMPENSATION No compensation. MEETINGS The committee meets on the Pt Friday of the Month,12:00 p.m. at City Hall, West Conference Room. Via Zoom at this time. AGENDAS/MINUTES Environmental Committee Agendas Environmental Committee Minutes DUTIES The committee reviews existing City environmental programs and recommending new policies and programs to the City Council that facilitate the goals stated within the Environmental Work Plan. OATH Yes, administered by the City Clerk or Deputy City Clerk. Members Date of Appointment Date Term Expires Tracey Miller-Zarneke 07/18/17 06/30/21 Kevin Maggay 06/19/18 06/30/22 Corrie Zupo 08/20/19 06/30/23 Sarah Brockhaus 08/20/19 06/30/23 Rachel McPherson 07/19/16 06/30/20 Caroline Hawks 08/29/16 06/30/20 Janet Miller (ESUSD) 06/01/21 06/30/22 Page 162 of 199 CITY OF EL SEGUNDO - ENVIRONMENTAL COMMITTEE BY-LAWS ARTICLE I — NAME The name of this organization shall be the Environmental Committee. ARTICLE II — PURPOSE The purpose of the Environmental Committee is to research and advise the City Council on environmental -related issues, such as any programs or business practices including but not limited to those that affect air quality, energy usage, solid waste, urban planning and development, hazardous waste, transportation and water usage. The Committee shall collaborate with City staff and the local community to help formulate responsible environmental strategies that are consistent with governmental standards, and to provide suggestions for a "best practices" approach to implementing environmentally conscious standards. The Committee is a standing advisory committee that serves at the pleasure of the City Council. ARTICLE III — QUALIFICATIONS Members of the Environmental Committee shall represent a cross-section of the community, including both residents and business representatives who have applicable knowledge and notable interest in Environmental issues and practices. ARTICLE IV — MEMBERSHIP The Environmental Committee shall be composed of six (6) voting members appointed by the City Council, three (3) to represent the residential perspective and three (3) to represent the business perspective, plus one (1) voting member appointed by ESUSD. A Public Works staff person shall support the Committee in a de facto status. The City Council shall appoint at least one (1) member of the City Council to serve as a non- voting liaison for the Committee. • Section I — Selection of Members o The City of El Segundo shall advertise and solicit applications to fill any vacant position among the six voting members appointed by the City Council that might occur. After the application period has closed, the Chair and Vice Chair of the Page 163 of 199 Environmental Committee shall review the applications with the sole purpose of making a recommendation for selection to the Mayor and members of the City Council. The Council may interview the recommended candidates and the City Council shall make the final selection and appointments. A candidate for a City seat on the Committee may not serve on the Committee without City Council final approval. • Section II —Term of Office o The term for each voting member of the Environmental Committee is four (4) years, with the exception of the ESUSD seat, which must be reappointed by ESUSD annually. Terms are set on a rotating basis to avoid turnover of the complete Committee at any time. • Section III —Compensation o Environmental Committee members shall serve without compensation. • Section IV— Removal o Members of the Environmental Committee are expected to attend all meetings. When any member has three or more consecutive absences, or a total of 6 or more within a 12-month period, the member's seat will be deemed vacant. ARTICLE V — MEETINGS All meetings of the Committee shall be publicly noticed, open to the public and in a publicly accessible location as required by State law. • Section I — Regular Meetings o Regular meetings of the Environmental Committee shall be on the third Monday of every month at 6:00 pm. The Location shall be a meeting room in City Hall. • Section II —Special Meetings o Special Meetings of the Environmental Committee may be held at any time upon the call of the Committee Chair, or by a majority of the voting members, or the City Council following at least forty-eight (48) hours' notice to each Committee member. The Committee Chair or a majority of the voting members shall determine the time and location of the Special Meeting. • Section III — Quorum o A majority of the voting members of the Environmental Committee shall constitute a quorum. A quorum is necessary for action by the Environmental Committee. 2 Page 164 of 199 • Section IV —Voting o Each voting member shall have one vote. • Section V — Meeting Procedures o Except as otherwise provided by these By-laws, City Council Resolutions or State law, the Environmental Committee will follow the latest edition of the Robert's Rules of Order for the orderly conduct of meetings. ARTICLE VI - OFFICERS Officers of the Environmental Committee shall be a Committee Chair and a Vice Chair who shall serve at the pleasure of the Environmental Committee. Term of office shall be for two (2) years. Duties of the officers shall conform to the regular parliament duties set forth by the latest edition of the Robert's Rules of Order, unless otherwise stated. • Section I — Committee Chair o The Committee Chair shall preside over the meetings of the Environmental Committee. o The Committee Chair shall work with Public Works staff to draft the monthly meeting agenda. • Section II —Committee Vice Chair o During the absence, disability, or disqualification of the Committee Chair, the Committee Vice Chair shall perform all the duties and be subject to all the responsibilities of the Committee Chair. The Committee Vice Chair shall succeed the Committee Chair if he/she vacates the office before the term expires. If this occurs, a new Committee Vice Chair shall be elected at the next regular meeting. • Section III — Duties of the Environmental Committee Members o It is intended that the Environmental Committee shall serve an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the powers of the City Council or the City's administrative staff in their supervision or authority over property or personnel under their jurisdiction. o Members of the Environmental Committee are not expected to perform any services or work that would normally be performed by City staff or contractors. 3 Page 165 of 199 ARTICLE VII — OFFICIAL DOCUMENTS • Section I —Agendas o Agendas for all meetings shall be prepared and maintained with the Environmental Committee records by a staff member from the Public Works Department. Copies shall be distributed to each Environmental Committee member, City Council member, and to the City Clerk. • Section II — Minutes o Minutes of all meetings shall be prepared and maintained with the Environmental Committee records by a staff member from the Public Works Department. Copies shall be distributed to each Environmental Committee member, City Council member, and to the City Clerk. • Section II — Distribution of Documents o Preparation and distribution of Environmental Committee documents to the members, City Council and City Clerk shall be the responsibility of a designated staff member from the Public Works Department. ARTICLE Vill — CONDUCT OF MEMBERS • Section I — Personal o Environmental Committee members shall make no personal commitment on behalf of the Environmental Committee without the Committee's majority approval. • Section II — Conflict of Interest o Members of the Environmental Committee shall abstain from participating in any matter to come before the Environmental Committee in which he or she has any direct or indirect economic interest. Should a conflict of interest exist, the Committee member shall recuse himself/herself from discussions and abstain from voting. A yearly Conflict of Interest Statement shall be filed with the City Clerk. • Section III —Attendance at Meetings o Members are expected to attend the monthly meeting. When any member has three or more consecutive absences, or a total of 6 or more within a 12-month period, the member's seat will be deemed vacant. 21 Page 166 of 199 ARTICLE IX — ASSISTANCE OF STAFF The Public Works Director, or designee, shall provide the Environmental Committee with such information and staff assistance as the Environmental Committee may request from time to time subject to the limitations imposed by the City Council. The staff member(s) designated by the Public Works Director shall attend meetings of the Environmental Committee and submit such reports as requested by the Environmental Committee and as deemed necessary or desirable, subject to limitations imposed by the City Council. ARTICLE X—AMENDMENTS The Committee may recommend amendments to these By-laws. Such recommendations may be made by simple majority of the voting members at any legal meeting of the Environmental Committee. Such amendments must be approved by the City Council. PASSED AND ADOPTED by the Environmental Committee — November 20, 2017 PASSED AND ADOPTED by the El Segundo City Council — 5 Page 167 of 199 ARTS AND CULTURE ADVISORY COMMITTEE ESTABLISHED The Arts and Culture Advisory Committee was established by the City Council on August 2, 2016 and was added to the City's Local Appointment List pursuant to the Government Code of the State of California (Sec. 54972). Members may only serve on one Committees, Commissions and Boards at a time. NUMBER OF MEMBERS The Arts and Culture Advisory Committee is comprised of 11-members who must be residents or vested in the arts, and two (2) members of the City Council. APPOINTMENT All members of the Arts and Culture Advisory Committee are appointed by the City Council. TERM OF OFFICE Three (3) year term. COMPENSATION Arts and Culture Advisory Committee members are not compensated. MEETINGS Meets every 4" Tuesday of the month at 5:30 p.m., El Segundo Library — The Rose Garden Room — 111 W. Mariposa Ave. AGENDAS/MINUTES Art & Culture Advisory Committee Agendas Art & Culture Advisory Committee Minutes DUTIES This committee will act in an advisory capacity to City Council in matters related to arts and culture within the City of El Segundo. This will include making recommendations to Council, potential development of an arts and culture master plan, involvement in selection of public art, event coordination and development of related public art programs. Additionally, this committee will support and advocate for local museums, artists and art while assisting the City with promoting public beautification, education, tourism, and economic development. OATH Yes. Members Date of Appointment Date Term Expires Eva Sweeney 09/07/2021 06/30/2024 Brian Mitchell 09/07/2021 06/30/2023 Neal Von Flue 09/07/2021 06/30/2024 Michael Kreski 08/06/2019 06/30/2022 Natalie Strong 08/06/2019 06/30/2022 Maureen Kingsley 08/06/2019 06/30/2022 Mark Knight 08/06/2019 06/30/2022 Joanna Bowe 09/07/2021 06/30/2023 Jane Burrell 09/07/2021 06/30/2023 Tanya Taylor 09/07/2021 06/30/2024 Joan Palmer 09/07/2021 06/30/2023 Page 168 of 199 Arts and Culture Advisory Committee City of El Segundo Bylaws Passed and Adopted by the ACC on January 23, 2018 Approved by the City Council on February 6, 2018 ARTICLE I Name The name of this organization shall be the Arts and Culture Advisory Committee otherwise known as ACC. ARTICLE II Purpose The purpose of the ACC is to advise the City Council to include art and culture into the El Segundo community as well as planning and installation of public art. The ACC shall serve as a forum for effective collaboration leading to the growth of art and culture in the City of El Segundo. The Committee is a standing advisory committee that serves at the behest of the City Council. ARTICLE III Qualifications Members of the ACC shall be representatives of the community including both residents and non-residents who are actively engaged in the arts and interested in expanding knowledge about the arts within the City of El Segundo. ARTICLE IV Membership The ACC shall be composed of a minimum of seven (7) voting members and a maximum of eleven (11) voting members. Candidates for the membership are reviewed and recommended by ACC and then approved and appointed by the City Council. ACC membership is not limited to the residents of El Segundo however, members who are non-residents should be actively involved in the Arts. The purpose of ACC is that its members represent a variety of backgrounds representative of the Arts including but not limited to the following categories: • Creative Art • Technology • Science The City Council shall appoint two (2) members of the City Council to serve as liaison members to the City Council and shall have no voting rights. Page 169 of 199 Section I- Selection of Members The City of El Segundo shall advertise and solicit applications to fill any vacant positions that may occur. After the application period has closed, the Chair, Vice -Chair and one (1) other member of ACC shall review the applications with the sole purpose of selecting candidates for interview. After interviews are completed, the Chair, Vice -Chair and selected ACC member will recommend choices to the ACC for recommendation. The ACC with then recommend candidates to the Mayor and City Council. The City Council will have the final approval and appoint the candidates. A candidate may not serve on the Committee without City Council final approval. Section II- Term of Office The term for ACC members is 3 years. Section III- Compensation ACC members are not compensated. Section IV Removal Members are expected to attend all meetings. When a member has three or more absences in a 12-month period, the ACC shall forward this information to the City Council for review and possible removal of the member. ARTICLE V Meetings All meetings shall be open and public pursuant to the Government Code of the State of California. Section I- Regular Meetings Regular Meetings of the committee shall be monthly on the 41h Tuesday of the month at 5:30pm. Section II- Special Meetings Special Meetings of the Board may be held at any time upon the call of the Chair or by the majority of the voting members or the City Council following at least 48-hours' notice to each member. The Chairman or a majority of the ACC shall determine the time and place of the Special Meeting. Section III- Study Sessions/Workshops/Seminars The ACC may be convened as a whole or as a committee as a whole in the same manner as prescribed for requesting a special meeting for the purpose of holding a workshop, study session or attending a seminar. No official action can be taken and a quorum is not required. Page 170 of 199 Section IV General Meeting At it's regular meeting in January of each year, ACC members will elect chair and vice -chair as well as discuss any other long term initiatives for the year. Section V- Quorum A majority of the ACC shall constitute a quorum. A quorum is necessary for action by the ACC. Section VI- Voting Each member shall have one vote. Section VII- Meeting Procedures Except as otherwise provided by these Bylaws or City Council Resolutions the ACC will follow the latest edition of Robert's Rules of Order for the orderly conduct of meetings. ARTICLE VI Officers Officers of the ACC shall be a Chair and a Vice Chair. Term of Chair and Vice Chair shall be for 1 year. Duties of the officers shall conform to the regular parliamentary duties as set for by Robert's Rules of Order unless otherwise stated. Section I- Chair The chairperson shall preside over the meetings of the ACC. Section II- Vice Chair During the absence, disability or disqualification of the Chair, the Vice Chair shall perform all of the duties and be subject to all of the responsibilities of the Chair. The Vice Chair shall succeed the Chair if he/she vacates the office before the term expires. A new Vice Chair shall be elected at the next regular meeting. Section III- Duties of the Arts and Culture Advisory Committee It is intended that the ACC shall be an advisory body to the City Council. Nothing herein contained should be construed as a limitation on the power of the City Council or the administrative staff of the City in their supervision or authority over property or personnel under their jurisdictions. ARTICLE VII Official Documents Section I- Minutes Minutes of all meetings should be prepared and maintained with the ACC records. Copies shall be distributed to each ACC member, City Council Member and City Clerk. Page 171 of 199 Section II- Distribution of Documents Preparation and distribution of ACC documents to the members, City Council and City Clerk shall be the responsibility of the designated employee as identified by the City Manager. ARTICLE VIII Conduct of Members Section I- Representing the ACC ACC members shall make no personal commitment to speak on behalf of the ACC, nor make any statements or take actions representing the ACC, without majority approval. Section II- Conflict of Interest Members of ACC shall abstain from participating in any matter to come before the ACC in which he or she has any direct or indirect economic interest. Should conflict of interest exist, the ACC member shall remove himself/herself from discussions and abstain from voting. A yearly Conflict of Interest Statement shall be filed with the City Clerk. ARTICLE IX Assistance of Staff The City Manager of the City of El Segundo shall provide the ACC with such information and staff assistance as the ACC may from time to time have requests; subject to the limitations imposed by City Council. The staff member designated by the City Manager shall attend meetings of the ACC and submit reports as needed. ARTICLE X By -Law Amendments These Bylaws as well as any operating procedures may be amended by simple majority of those voting at any legal meeting of the Arts and Culture Advisory Committee. Such amendments must be approved by the City Council. Page 172 of 199 DIVERSITY, EQUITY AND INCLUSION COMMITTEE ESTABLISHED On Tuesday, June 16, 2020, the City Council agreed to establish a Diversity, Equity, and Inclusion Committee. The purpose of the committee is to work with the community to gain a deeper understanding of the issues and determine how to move forward to bring positive change so everyone who lives, works and visits El Segundo feels welcome. The Diversity, Equity, and Inclusion Committee will engage the community, evaluate current policies, and offer its recommendations to the City Council. NUMBER OF MEMBERS The committee is comprised of nine (9) members who must be residents, business members or students based in El Segundo. APPOINTMENT All members of the Diversity, Equity, and Inclusion Committee are appointed by the City Council. TERM OF OFFICE Three (3) year term. COMPENSATION Diversity, Equity, and Inclusion Committee members are not compensated. MEETINGS The committee meets the 2" Wednesday of the month at 4:00pm. via Zoom AGENDAS/MINUTES Diversity, Equity, and Inclusion Committee Meeting DUTIES DEI Committee shall make recommendations to City Council intended to address any marginalized or underrepresented segment of our community. The Committee is a standing advisory committee that serves at the behest of the City Council. The four initial study tops are as follows: 1) Public Safety (including a review of Police Department policies, practices, training, and future directions), 2) Citywide Organization (including a review of City government policies, practices, training, etc.) 3) Community At -large (including a review of City demographic data, history, trends, etc.) 4) Local Economy (including a review of private sector diversity policies, training, etc.) OATH Yes. Administered by the City Clerk/Deputy City Clerk Members Date of Appointment Date Term Expires Lauren Abercrombie 10/06/2020 10/31/2022 Steven Wood 10/06/2020 10/31/2022 Avery Smith 10/06/2020 10/31/2023 Christina Vazquez -Fajardo 10/06/2020 10/31/2023 Kenneth Chancey 10/06/2020 10/31/2024 Shad McFadden 10/06/2020 10/31/2024 Christibelle Villena 10/06/2020 10/31/2024 Vacant 10/31/2022 Vacant 10/31/2023 Page 173 of 199 EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2020 AGENDA STATEMENT AGENDA HEADING: Staff Presentation AGENDA DESCRIPTION: Diversity, Equity, and Inclusion Committee Implementation Recommendations RECOMMENDED COUNCIL ACTION: Authorize establishment of the new Diversity, Equity, and Inclusion Committee, approve implementation recommendations, and add to the City's Local Appointment List pursuant to the California Government Code § 54972. ATTACHED SUPPORTING DOCUMENT: None. FISCAL IMPACT: There will be both direct and indirect fiscal impacts to the General Fund. Direct fiscal impacts will likely be in the $5,000 to $10,000 range for cost of outside consultant and related research and materials expenditures. These costs will likely be absorbed via the existing FY 2019-2020 General Fund Budget and future FY 2020-2021 General Fund Budget. If there are greater financial needs, staff will return to City Council for separate budget appropriation authority. STRATEGIC PLAN COMPLIANCE: Goal: 1 Enhance Customer Service, Engagement, and Communications Objectives: A El Segundo provides unparalleled service to internal and external customers. B El Segundo's engagement with the community ensures excellence. Goal: 2 Support Community Safety and Preparedness Objective: A El Segundo is a safe and prepared community. Goal: 3 Develop as Choice Employer and Workforce Objectives: A El Segundo is a City employer of choice and consistently hires for the future. B The El Segundo workforce is inspired, world -class, engaged, with increasing stability and innovation. Goal: 5 Champion Economic Stability and Fiscal Sustainability Objective: A El Segundo promotes community engagement and economic vitality. PREPARARED BY: Scott Mitnick, City Manager p-&A-1 107 Page 174 of 199 BACKGROUND: In response to the tragic death of George Floyd while in the custody of a Minneapolis police officer on May 25, 2020, thousands of protests took place across the United States, including several protests in El Segundo. El Segundo residents shared their concerns about local racial diversity issues, inclusion, treatment by police, experiences at local schools, and other matters during several community rallies. Residents also spoke on these topics at the June 3, 2020 City Council meeting. City Council then discussed these issues during a June 11, 2020 closed session meeting. At its June 16, 2020 meeting, City Council directed staff to establish a new Diversity, Equity, and Inclusion ("DEI") Committee in an effort to ensure that these issues are properly identified, discussed, vetted, and ultimately addressed by City Council. Some of the notable comments made by City Council at this meeting included the following: • Establish DEI Committee as an advisory body to the City Council. • Form DEI Committee quickly, although recognizing that the work this Committee will study will take time to thoroughly vet. • Add diversity, equity, and inclusion to City's Strategic Plan. • DEI Committee should help City Council shape future metrics for addressing institutional and systematic racism. • Outcomes must be measurable, accountable, and lasting. • Review City diversity issues through a DEI lens as part of the multi -tiered process. • Inform members of the El Segundo community about this opportunity to participate. DISCUSSION: Since the June 16'h City Council meeting, staff has held several internal meetings to discuss Committee purpose, structure, membership application, interview and selection process, initial study topics, initial deliverables (work product) to City Council, timeline, etc. Staff engaged in extensive outreach with the community (youth and adults) to encourage people to apply for the new DEI Committee. To move the process forward, staff recommends the following next steps: Application deadline As of July 15, 2020, over 80 inquiries were made and 41 applications submitted. The DEI Committee application deadline was initially set for July 17, 2020. In response to the high level of interest, and in an effort to ensure that there is a wide net cast to avoid unintentionally excluding anyone from applying, staff extended the deadline to July 31, 2020. Use of a diversity exoert In an effort to assist with the interview process, Committee member selection, coordination of Committee meetings, and ensure that substantive recommendations are ultimately provided to City Council, staff recommends use of an outside diversity professional (expert in this field) to guide the process. 1 Page 175 of 199 Committee membership eligibility To serve on this Committee it is recommended that each applicant meet one or more of the following requirements: 1. Resident of El Segundo. 2. Student of a public or private high school in El Segundo. 3. El Segundo property owner. 4. Employed by a business located in El Segundo. Committee applicant interviews Interviews are recommended to take place during the month of August 2020 Number of Committee members & term leneths Total Committee membership is recommended to consist of nine (9) members. The term length for each member is recommended to be three years without term limits. In order to ensure continuity and staggered rotation of membership, it is recommended that initial membership include three (3) two-year terms, three (3) three-year terms and three (3) four-year terms. pointment date City Council is recommended to approve Committee appointments at either the September 1 or 15, 2020 regular meeting, after the interviews have been completed. First Committee meeting date This will take place as soon as all nine members of the Committee are able to do so (in September or October). A regular meeting schedule will be established at the Committee's first meeting. Committee support Staff support will be provided and coordinated by City Manager's Office. Initially, City Manager and key members of the Executive Team (including the Police Chief) will attend Committee meetings. Other staff will be assigned as needed. As mentioned above, it is recommended that an outside diversity professional be engaged to assist and facilitate Committee formation, interviews, membership selection, coordination of Committee meetings, and recommendations to City Council. li Page 176 of 199 Give} City Council Agenda Statement ELSEGUNDO Meeting Date: January 18, 2022 Agenda Heading: Staff Presentations Item Number: D.15 TITLE: Chief Financial Officer Salary Range Adjustment RECOMMENDATION: Adopt a resolution modifying the salary range for the Chief Financial Officer classification. FISCAL IMPACT: The estimated total cost of the proposed salary range adjustment for the remainder of FY 2021-22 is $10,980. Sufficient funding is available in the adopted FY 2021-2022 General Fund Budget. A budget adjustment is not required. BACKGROUND: The City of El Segundo is committed to improving and enhancing recruitment, selection, and retention initiatives via implementing best management practices. Attracting high caliber candidates, maintaining service levels while filling vacancies, and retaining talent is essential to providing long-term financial and operational stability and uninterrupted services to local residents and businesses. Best practice retention efforts include taking steps to reduce turnover at executive level positions which would impact the performance of the organization. This includes conducting a review of executive compensation and benefits to ensure competitiveness in the market. The proposed revised salary range for the Chief Financial Officer classification will augment the City's ability to retain a key executive employee and is in line with City Strategic Plan Goal 3 to "Develop as a Choice Employer and Workforce, creating a culture of consistently hiring for the future, with a workplace that is inspired, world -class, engaged and demonstrating increasing stability and innovation." Page 177 of 199 Chief Financial Officer Salary Range Adjustment January 18, 2022 Page 2 of 2 DISCUSSION: Executive level recruitment and selection efforts are especially challenging with today's limited candidate pool. As a result, it has become increasingly important to focus on the City's retention tools. Skilled executives possessing a proven performance record are highly sought after. Employee engagement along with a competitive compensation and benefits package is a sound investment in improving retention efforts. The Chief Financial Officer is responsible for leading and developing key initiatives and programs essential to the financial and operational health and success of the organization. A proposed salary range adjustment from $13,415 to $16,098 per month to $13,415 to $17,916 is recommended to bring the total compensation for this position to just below the median among our survey cities. The total fiscal impact of the proposed salary range adjustment for the remainder of FY 2021-22 is estimated to be $10,980. The estimated total annual recurring cost of this adjustment is likely to approach approximately $25,000. CITY STRATEGIC PLAN COMPLIANCE: Goal 3: Develop as a Choice Employer and Workforce Objective: El Segundo is a city employer of choice and consistently hires for the future, with a workforce that is inspired, world -class and engaged, demonstrating increasing stability and innovation. PREPARED BY: Rebecca Redyk, Human Resources Director REVIEWED BY: Rebecca Redyk, Human Resources Director APPROVED BY: Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: Resolution Modifying Basic Salary Range Page 178 of 199 RESOLUTION NO. A RESOLUTION MODIFYING THE BASIC MONTHLY SALARY RANGE FOR A FULL TIME JOB CLASSIFICATION. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council approves the following basic salary ranges: Classification Salary Range Chief Financial Officer $13,415.00-$17,916.66 Monthly SECTION 2: Authority. The City Manager or his designee is authorized to take any steps necessary in order to effectuate this Resolution. SECTION 3: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 4: Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 5: City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. SECTION 6: Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this 18th day of January, 2022. Drew Boyles, Mayor F—AlaI*19 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) Page 179 of 199 I, Tracy Weaver, 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 day of , 2022, and the same was so passed and adopted by the following vote: AYES: NOES- ABSENT- ABSTAIN - Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Joaquin Vazquez, Deputy City Attorney Page 180 of 199 City Council Agenda Statement Cirvey Meeting Date: January 18, 2022 ELSEGUNDO Agenda Heading: Committees, Commissions and Boards Presentations Item Number: E.16 TITLE: Diversity, Equity, and Inclusion Committee Citywide Organization Report RECOMMENDATION: 1. Receive and file the DEI Citywide Organization Report. 2. Direct staff to work with the DEI Committee to implement recommended activities. FISCAL IMPACT: There will be direct and indirect fiscal impacts to the City's General Fund, including staff time and possibly funds for additional training and employee engagement activities. These costs will likely be absorbed via the current FY 2021-2022 General Fund Budget and future FY 2022-2023 General Fund Budget. If there are greater financial needs, staff will return to City Council for separate budget appropriation authority. %[a:(r]:16111 Z 113 At its June 16, 2020 meeting, City Council directed staff to establish a new Diversity, Equity, and Inclusion (DEI) Committee to address El Segundo residents' concerns about local racial diversity issues, inclusion, police policy, experiences at local schools, and other matters. City Council asked the DEI Committee to focus on the following study topics: 1. Citywide Organization (including a review of City government policies, practices, training, diversity, etc.) 2. Public Safety (including a review of Police Department policies, practices, training, diversity, and future direction) Page 181 of 199 DEI Committee Citywide Organization Report January 18, 2022 Page 2 of 2 3. Community at Large (including a review of City demographic data, history, trends, etc.) 4. Local Economy (including a review of private sector diversity policies, practices, training, etc.) The DEI Committee established four subcommittees to research each of the study topics above and report findings and recommendations to City Council. DISCUSSION: The attached Diversity, Equity, and Inclusion Committee Citywide Organization report includes a summary of research conducted, actions taken, key findings, and recommendations for City Council's consideration. CITY STRATEGIC PLAN COMPLIANCE: Goal 1: Enhance Customer Service, Engagement, and Communication; Embrace Diversity, Equity, and Inclusion Objective 1A: El Segundo provides unparalleled service to internal and external customers. Objective 1 B: El Segundo's engagement with the community ensures excellence. PREPARED BY: Diversity, Equity, and Inclusion Committee, Citywide Organization Subcommittee REVIEWED BY: Portland Bates, Senior Management Analyst Amanda Elek-Truman, Human Resources Manager APPROVED BY: Diversity, Equity, and Inclusion Committee Barbara Voss, Deputy City Manager ATTACHED SUPPORTING DOCUMENTS: 1. DEI Citywide Organization Report 2. Attachment A - City of El Segundo Diversity Equity and Inclusion Statement Page 182 of 199 City of El Segundo Diversity Equity and Inclusion Committee Citywide Organization Report January 18, 2022 City Strategic Plan The DEI Citywide Organization Subcommittee evaluated several opportunities to improve diversity, equity, and inclusion efforts within the City of El Segundo organization. The subcommittee identified multiple action items to support and advance Goal 1 of the City of El Segundo's Strategic Plan: Strategic Plan — Goal Enhance Customer Service, Engagement, and Communications; Embrace Diversity, Equity, and Inclusion Overview 1. Citywide Organization Subcommittee: 2021 Overview and Takeaways 2. El Segundo Citywide DEI Status, Progress & Recommendations a. Diversity/Representation b. Recruiting Talent c. Training Staff d. Workplace Culture e. Employee Retention 3. Other Progress and Notable Research Initiatives a. Government Alliance on Race and Equity (CARE) Membership b. Insights from DEI Programs in Neighboring Los Angeles Cities 4. Conclusion and Next Steps Page 183 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Citywide Organization Subcommittee: 2021 Overview and Takeaways The Citywide Organization Subcommittee was formed in November 2020 to review municipal policies, practices, training & workforce diversity; and to provide recommendations to City leaders that encompass best practices for improving diversity, equity & inclusion efforts for City personnel. This report includes the results, actions, and recommendations from our review over the past year. 2021 Areas of Focus 1. City Staff & Volunteer DEI Training 2. DEI Statement 3. Municipal Diversity, Recruitment, Hiring & Retention 4. Employee Culture Building 5. Government Alliance on Race & Equity (GARE) Membership 6. Future Internships — Connecting to Other Organizations Key Takeaways • Improve Data Gathering Exploring and gathering key employee data and insights are critical to understanding endemic issues and advancing the City's internal DEI initiatives. The Citywide organization can continue to take advantage of its GARE membership to create an informal DEI consortium with and learn from other cities. • Sponsor Immersive Cultural Experiences Consider budgeting for DEI-specific, internal programs (e.g. training/professional development, affinity groups and employee engagement activities, cultural celebrations, etc.) in the next City budgeting cycle. • Implement Routine Workplace Surveys Add relevant DEI-related questions to the upcoming employee engagement survey to gauge workplace appreciation, quality and suggested areas of improvement. Evaluate if optional self -identification metrics can be included: race/ethnicity, gender, disability status, military status to evaluate wellness across different groups. Page 2 of 16 Page 184 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 For this report, 12 actionable items have been explored. The items are in various phases of completion which have been highlighted below: Item Progress Relevant Information 1. Review 2021 Employee & Completed An initial review has been included in this Resident Demographics report. 2. Secure a GARE Completed A membership within GARE has been secured Membership by the City of El Segundo. 3. Hire a HR Manager with Completed The new HR Dept. Manager has greatly DEI Experience benefited DEI efforts, serving as a liaison and assisting reporting efforts. 4. Develop a DEI Statement Completed A DEI statement has been developed and shared with the public to reaffirm the City's commitment to diversity, equity & inclusion (see attachment A). S. Review Employee Ongoing A review of the employee handbook is ongoing. Handbook 6. DEI Related Hiring & Ongoing A review of the City's DEI related hiring & Retention Practices retention practices remain ongoing. 7. Recruitment: Advertising & Completed A review of the City's recruitment: advertising Marketing Services & marketing services practices is complete. 8. Employment Policy on Ongoing A review of the City's employment policy on Harassment harassment is ongoing. 9. Future Internship Ongoing The Subcommittee is currently reviewing a Collaborations non-profit partner who sponsors internships for neurodiverse young adults as they prepare for life beyond high school. 10. Internal Diversity Training Ongoing Rollout of a mandatory Microaggressions for City Personnel Training began in Q4 2021 Page 3 of 16 Page 185 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Item Progress Relevant Information 11. Implementation of Routine Initial An employee engagement survey is in Employee Surveys Planning development, and the City is evaluating incorporating DEI-specific questions in the survey. 12. Develop Employee Culture In This item is currently under evaluation with Building Mechanisms Discussion action expected in 2022. El Segundo Citywide DEI Status, Progress & Recommendations The El Segundo DEI status report is included here to highlight progress that can be taken by the City without external partner engagement. Four of six of the subcommittee's 2021 Areas of Focus fit this criterion, and those factors have been evaluated below in partnership with the City's Human Resources Department. The City of El Segundo was evaluated on five factors that represent how Diversity, Equity and Inclusion is institutionalized within an organization: 1. Diversity and Representation 2. Recruiting Talent 3. Employee DEI Training 4. Workplace Culture 5. Employee Retention Diversity and Representation Demographic Data: City Employees & Residents The DEI Citywide Organization Subcommittee completed a review in partnership with the Human Resources Department comparing the demographics of City Employees with the City's residential population. Evaluated were the race and gender (male/female) compositions of 249 full-time employees, 309 part-time employees, and a residential population of 17,272. The subcommittee also reviewed the demographics of the Police Department, Fire Department, and the Executive Leadership Team. A more detailed report on public safety (Police and Fire) demographics will be provided to City Council in February 2022. Page 4 of 16 Page 186 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Citywide Organization (All Employees) and El Segundo Residents All Employees Residents DEMOGRAPHIC Full -Time City Employees (M 249 FT ­Pb'­ Male Full -Time City Employees iM 249 fT EmpWye Female Full -Time City Employees (of 249 fT Employees; Part -Time City Employees iof309Tafa1Pf EmpWy ; Male Part -Time City Employees 1a1309Taf MEmpby... Female Part- City Employees io1309 Total PTEmpbYeezI Resident Population i%aT ST,2T1t Full -Time City Employee Under/Over Resident Population White/ Caucasian 133 (53.4%) 104 (41.7%) 29 (11.6%) 165 (53.4%) 95 (30.7%) 70 (22.6%) 62% -8.6% Black/African- American 14 (5.6%) 7 (2.8%) 7 [2.8%) 28 (9%) 19 (6.1%) 9 (2.9%) 2% 3.6% Asian 23 (9.2%) 14 (5.6%) 9 (3.6%) 28 (9%) 16 (5.1%) 12 (3.8%) 10% -0.8% Hispanic/ LatinX 78 (31.3%) 54 (21.6%) 24 (9.6%) 50 (16.1%) 25 (8%) 25 (8%) 17% 14.3% American Indian or Alaska Native 0 0 0 0 0 0 0.3% -0.3% Native Hawaiian or Pacific Islanderl 0 0 0 0 0 0 0.4% -0.4% Two or More Races 0 0 0 2 (.6%) 2 (.6%) 0 7% -7.0% Other 1 (.4%) 1 (.4%) 0 36 (11.6%) 22 (7.1%) 14 (4.5%) 0.5% -0.1% Total 249 (100%) 190 (72.3%) 69 (27.7%) 309 (100%) 179 (57.9%) 130 (42.1%) All Non -Sworn Employees All Nan -Sworn Employees Full -Time Male Full -Time Female Full -Time City Employees City Employees City Employees (%• of 147) (% of 147) (% of 147) DE M IDG RAPH I C 147 147 147 White/ Caucasian 65 (44.2%) 46 (31.2%) 19 (12.9%) Black/ African- American 11 (7.4%) 4 (2.7%) 7 (4.7%) Asian 18 (12.2%) 9 (6.1%) 9 (6.1%) Hispanic/ LatinX 52 (35.3%) 37 (25.1%) 15 (10.2%) American Indian or Alaska Native 0 D 0 Native Hawaiian o­ Pacific Islander 0 0 0 Two Or More Races 0 0 0 Other 1 (.6%) 1 (.6%) 0 Total 147 (100%) 97 (66%) 50 (34% Page 5 of 16 Page 187 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Sworn Police Department Employees Police Employees Full -Time Male Full -Time Female Full -Time Police Employees Police Employees Police Employees DEMOGRAPHIC White/ Caucasian 39 (65%) 36 (601Y.) 3 (5%) Black/ African- 3 (5%) 3 (5%) 0 American Asian 2 (3.3%) 2 (3.3%) 0 Hispanic/ LatinX 16 (26.6%) 13 (21.6%) 3 (5%) American Indian or Alaska Native 0 0 0 Native Hawaiian or Pacific Islander 0 0 0 Two Or More Races 0 0 0 Other 0 0 0 Total 60 (100%) 54 (90%) 6 (10%) Sworn Fire Department Employees Fire Employees Full -Time Male Full -Time Female Full -Time Fire Employees Fire Employees Fire Employees DEMOGRAPHIC White/ Caucasian 36 (85.7%) 33 (78.59G) 3 (7.1%) Black/ African- American 0 0 0 Asian 2 (4.7%) 2 (4.7%) 0 Hispanic/ LatinX 4 (9.5%) 4 (9.5%) 0 American Indiar or Alaska Native 0 0 0 Native Hawaiian or Pacific Islander 0 0 0 Two Or More Races 0 0 0 Other 0 0 0 Total 42 (100%) 39 (92.9%) 3 (7.1%) Page 6 of 16 Page 188 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Executive Leadership Team Executive Leadership Team Full -Time Male Full -Time Female Full -Time Executive Executive Executive Employees Employees Employees DEMOGRAPHIC White/ Caucasian 7 (70%) 3 (30%) 4 (40%) Black/ African- 1 (10%) 1 (10%) 0 American Asian 0 0 0 Hispanic/ Latin?{ 1 (10%) 1 (1 %) 0 American Indian or Alaska Native 0 0 0 Native Hawaiian or Pacific Islander 0 0 0 Two Or More Races 0 0 0 Other 1 (10%) 1 (10%) 0 Total 10 (100%) 6 (60%) 4 (40%) *Includes: City Manager, Deputy City Manager, and department heads. *Elected officials are not included. Key findings include: • The City's overall residential population is 38% minority/non-white. • The overall City workforce, for all departments, is more diverse than the community it serves, with 46.6% of all full-time and part-time employees falling into the minority/non-white demographic categories. • When separating out sworn public safety (police and fire) employees, the overall City workforce is notably more diverse than the community it serves, with 55.8% of the full- time employees falling into the minority/non-white demographic categories. • The Police Department sworn employee workforce is almost as diverse as the community it serves, with 35% of all full-time employees falling into the minority/non- white demographic categories. • The Fire Department sworn employee workforce is less diverse than the community it serves, with 14.3% of all full-time employees falling into the minority/non-white demographic categories. Page 7 of 16 Page 189 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 • The Executive Leadership Team (City Manager, Deputy City Manager, and eight appointed Department Heads) is slightly less diverse as the community it serves, with three of its ten members (30%) falling into the minority/non-white demographic categories. Four members (40%) of the Executive Team are female. • The Department Heads (Police Chief, Fire Chief, Chief Financial Officer, Development Services Director, Public Works Director, Human Resources Director, Community Services Director, and Information Technology Director) are reflective of the community they serve, with three of the eight of the Department Heads (38%) falling into the minority/non-white demographic categories. Three of the eight Department Heads (38%) are female. 0 31.3% (one in three) of the City's full-time workforce, and 16.1% (one in six) of the City's part-time workforce identifies as "Hispanic/LatinX." • 9.2% of the City's full-time and 9.1% of the part-time workforce identifies as "Asian." • 5.6% of the City's full-time workforce, and 9.1% of the part-time workforce, identifies as "African American." Recommendation Internally evaluate diversity among leadership roles to ensure different perspectives are considered in top down decision making. Importance of Diversity and Representation in the Citywide Organization Diverse teams are 87% better at making decisions.' Organizations with above -average diversity on their management teams also reported innovation revenue that was 19 percentage points higher than that of companies with below -average leadership diversity.z Recruiting Talent The City of El Segundo has an annual membership to Careers in Government that places the City's recruitment postings automatically on several diversity websites. Every posted vacancy receives maximum exposure in the following places: • The Careers in Government Job Board receives more than 700k job seekers per month. 1 Cloverpop Study, Hacking Diversity With Inclusive Decision Making, 2017 z Boston Consulting Group, How Diverse Leadership Teams Boost Innovation, January 2018. Page 8 of 16 Page 190 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 • Targeted Social Media network reaches 15-million+ users per month. (Twitter, Facebook, Linkedln, Instagram) • Partnerships with private -sector job boards (constantly vary to maximize the value and reach throughout the year - cost per click) reaches an additional 31- million users per month. Automatic posting on top 8 Diversity websites: africanamericanjobnetwork.com, asianjobnetwork.com, disabilityjobnetwork.com, latinojobnetwork.com, Igbtjobnetwork.com, retirementjobnetwork.com, veteranjobnetwork.net, womensjobnetwork.com, findacaliforniajob.com. Recommendations Work with the City's Human Resources Department to explore and recommend DEI competencies for leadership and other roles. Develop relevant DEI-related interview questions accordingly. • Evaluate industry best practices for equitable hiring, such as: o Blinding personally identifiable information on job applications o Using standardized interview rubric & scoring Why DEI in Talent Recruitment is Important Organizations with greater gender diversity are 25% more likely to outperform their counterparts. Similarly, companies with greater ethnic and cultural diversity are 36% more likely to outperform their counterparts.3 Employee DEI Training The El Segundo Human Resources Department launched a three-part introductory training series on Microaggressions to all City Employees in December 2021. The on-line trainings are mandatory for all employees and must be completed by January 14, 2022. As of January 4, 2022; 37% of the general employee population has completed all three modules; 58% of the supervisor population has completed all three modules; and 100% of department heads have completed all three modules. 3 McKinsey & Company, Diversity wins: How inclusion matters, MaV 2020 Page 9 of 16 Page 191 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 The Human Resources Department has been working closely with the City's DEI Committee to provide diversity, equity, and inclusion training to promote a work environment that encompasses the following: • Respectful communication and cooperation between employees and those contacted in the course of work including our community members, businesses, and visitors; • Teamwork and collaboration, encouraging and embracing the representation of all groups and perspectives; • Work/life balance through established flexible work schedules; and • Employer and employee contributions to the communities we serve to promote a greater understanding and respect for diversity. Employees will be provided a link to access the following three trainings: 1. Microaggressions: Introduction - 8 minutes 2. Microaggressions: Taking Action - 10 minutes 3. Microaggressions: Taking Responsibility - 10 minutes Recommendations • Survey City employees to gain an understanding of areas of interest/concern related to DEI topics. From there, evaluate offering additional short, digestible DEI-related training that would be relevant for ES employees, e.g. "Unconscious Bias." • Use the City's GARE resource portal to gain access to equity tools and ideas from GARE and other cities. Why DEI Training is Important Hiring diverse talent is not enough —it's the workplace experience that shapes whether people remain and thrive. Training employees on relevant issues can raise awareness of different lived experiences and foster inclusion and mutual respect within the organization.' 4 McKinsey & Company, Diversity wins: How inclusion matters, MaV 2020 Page 10 of 16 Page 192 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Investing in learning and development allows employees and managers alike to gain a deeper understanding of key issues and how to address them. Plus, it can also show employees that your workplace is committed to being a part of the solution by actively making space for these conversations.5 Workplace Culture Currently there is not a systematic way to gauge overall employee sentiment on workplace culture, though the El Segundo Human Resources Department is planning to roll out an upcoming Wellbeing Survey to Citywide employees. Recommendations • Start gathering insights via an employee survey to gauge overall employee sentiment on topics such as: culture, belonging, wellbeing and equity within the City organization. • Based on survey results, identify areas of strength and areas that need improvement in order to take actions that foster a sense of belonging within the City organization. • Based on survey results, consider popular DEI-boosting initiatives like Employee Resource Groups (ERGs) or an internal mentorship program. Why DEI in Workplace Culture is Important Employees who feel a sense of belonging at work are 5.3 times more likely to feel empowered to perform their best work.6 Employee Retention Currently there is not a systematic way to track retention and attrition trends. Recommendations • Retention and belonging are interrelated, and the subcommittee recommends that the City evaluate and develop retention and attrition metrics (e.g. an annual employee survey can shed light on retention and attrition). • Consider implementing formal exit interviews which may help the City better understand larger trends and why employees leave. 5 NeoGov, How to Create a Welcoming Environment for Diversity, October 2021. 6 Salesforce Research's Impact of Equality and Values Driven Business Report, 2017 Page 11 of 16 Page 193 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Why a DEI Lens on Employee Retention is Important Employees are 47% more likely to stay with an organization —and seven times more likely to describe their organization as high performing —if it was inclusive.' It costs employers 33% of a worker's annual salary to hire a replacement if that worker leaves, and 75% of the causes of employee turnover are preventable. s Other Progress and Notable Research Initiatives Government Alliance on Race and Equity (GARE) Membership In Q1 through mid-Q2, the Citywide Subcommittee thoroughly vetted the GARE membership opportunity in collaboration with HR and the City Management teams. In May of 2021 City Council approved El Segundo's annual membership for the Government Alliance on Race and Equity (GARE), a national network of government organizations working to achieve racial equity and advance opportunities for all. EL Segundo's GARE membership provides ongoing access to racial equity tools and resources as well as a portal to collaborate with and learn from other cities' policy and institutional strategies. https://www.racialeguityaIIiance.org/ Insights from DEI Programs in Neighboring Los Angeles Cities The El Segundo Human Resources Department researched DEI initiatives in other South Bay cities, including Manhattan Beach, Redondo Beach, Inglewood, Hawthorne, Gardena, but did not find internal DEI programs in those cities. The Citywide Subcommittee conducted outreach to other local municipalities with known DEI programs, including Culver City, Santa Monica, Beverly Hills and LA County. We conducted extensive interviews with staff from Santa Monica and Beverly Hills. A summary is included below. These learnings helped influence our Citywide DEI initiative evaluation and recommendations outlined above that we believe make the most sense for the El Segundo Citywide organization to evaluate or pursue. 7 McKinsey & CompanV, Diversity wins: How inclusion matters, May 2020 8 Employee Benefit News, Avoidable turnover costing employers big, 2017 Page 12 of 16 Page 194 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 Santa Monica and Beverly Hills' DEI Internal Program Learnings Summary While Beverly Hills is currently focused on elevating Diversity, Inclusion and Belonging (DIB) within the Citywide org, Santa Monica is investing in Diversity, Equity and Inclusion (DEI) initiatives both internally and externally. DEI Program Commonalities across Santa Monica and Beverly Hills • Both have internal, cross -departmental committees focused on DIB/DEI work. However, while BH committee members are taking on the work on top of their regular jobs, Santa Monica also has staff members whose roles are fully dedicated to DEI work (eg Equity Coordinator). • Both cities conduct internal listening sessions with staff to discuss DIB/DEI topics, learn from other perspectives and gain employee feedback. Employee feedback from these sessions informs internal resources, training, and expanding hiring practices. Both contacts advised that DEI initiatives within a City take time to progress. Frequent, small updates to stakeholders (internal or external) help to demonstrate and communicate commitment. Additional Learnings from Santa Monica As a large and diverse city, Santa Monica's DEI processes, programming and strategy are years long, robust and evolving. Additional highlights include: Training • Santa Monica has been a member of GARE since 2017. • Staff were trained on DEI topics like implicit bias, language justice and housing policy with CARE. GARE cohort attendees then modified the training for the rest of the organization. • Santa Monica set a goal to train all staff on race & equity by the end of 2021. • The City of Santa Monica Human Resources Department has started to incorporate DEI- related interview questions in all senior leadership recruitment cycles. Page 13 of 16 Page 195 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 o HR crafts the DEI-related interview questions based on research from universities and other agencies and organizations. • HR evaluates how job posting descriptions may be perpetuating inequities with unnecessary maximum qualifications. They evaluate if the maximum qualifications are really required for the level of work required or if there is equivalent experience that can be included. o Some private sector organizations have started doing this as well. For example, instead of a bachelor's degree requirement, some companies will ask for "bachelor's degree or equivalent experience." Organization & Policies Every department has an Equity Inclusion Officer as part of the Racial Equity Committee to collaborate on the following goals: • Equity Plan • Equity Toolkit • Hiring Process • Implicit Bias and Cultural Competency Training • Informal Mentoring Program • Performance Evaluations Santa Monica created a Language Access Fund for public facing citywide reports to be translated into different languages for community members Employee Culture and Retention • Santa Monica incorporates DEI into high level department and city goals • Department Directors have annual DEI goal(s) they are accountable for and that can be included in their performance evaluation. • DEI initiatives are also part of the annual city plan; for example the "Equitable & Inclusive Economic recovery" pillar for 2021. • Santa Monica has "Affinity" aka "Employee Resource" groups, e.g. BIPOC employees, "White Anti -Racists," etc. Page 14 of 16 Page 196 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 • The affinity groups exist to provide support and help in personal or career development and to create a safe space where employees can bring their whole selves to the table. Allies may also be invited to join the Affinity groups to support their colleagues. • Affinity groups have budgets for special events and celebrations throughout the year. • City staff partnered with the local library on a social justice book series for city employees. Santa Monica offers a mentorship program between senior and junior employees to encourage connection, inclusion, and development opportunities. Conclusion and Next Steps The City of El Segundo has made marked progress over the past 18+ months in establishing Diversity, Equity, and Inclusion as a foundational pillar within the organization, notably by: • City Council direction to create the Diversity, Equity, and Inclusion Committee • Hiring both internal Human Resources personnel and external consultants with DEI expertise in 2020 and 2021 • Joining the Government Alliance on Race and Equity (GARE) in May 2021 • Developing a Citywide Diversity, Equity, and Inclusion Statement in May 2021 • Introducing a new Microaggressions Training to City Staff as of December 2021 The City follows standard local government DEI practices and policies, including: • Recruiting for talent across diverse job sites • Maintaining and enforcing an anti -harassment policy • Operating as an Equal Opportunity Employer Continuing to incorporate an effective DEI strategy within the Citywide organization requires a thoughtful, data -driven process. In 2022 we will need to be laser -focused on a) defining the problems the City is trying to solve with a DEI strategy within the Citywide Organization, b) determining what "good" looks like for El Segundo and c) identifying shared metrics for measuring progress. Page 15 of 16 Page 197 of 199 Diversity, Equity, and Inclusion Committee Citywide Organization Report January 18, 2022 As immediate next steps in Q1 2022 the subcommittee is working with the Human Resources Department to: • Incorporate DEI-related questions to better gauge overall employee sentiment in the upcoming employee engagement survey • Map out a calendar for cultural, religious, and other immersive events that can be used to acknowledge different cultural experiences across the organization Meet with Tranzitions Consulting, an El Segundo -based non-profit, to discuss future Citywide internship opportunities for neurodiverse teens and young adults. The organization already has a success story with a young adult who interned at El Segundo Public Library last year. Page 16 of 16 Page 198 of 199 Attachment A G V off-"� � � � • / / � Diversity, E❑uity, and Inclusion Statement The City of El Segundo is committed to fostering, cultivating and preserving a culture of diversity, e❑uity and inclusion, ❑ith our employees, community members, businesses and visitors. Our employees are our most valuable asset. The collective sum of the individual differences, life experiences, kno❑ledge, innovation, self-expression, uni❑ue capabilities and talent that our employees invest in their I lork represents a significant part of not only our culture, but our reputation in the community as ❑ell. We embrace and encourage our employees' differences in age, color, disability, ethnicity, family or marital status, gender identity or expression, language, national origin, physical and mental ability, political affiliation, race, religion, sexual orientation, socio-economic status, veteran status, and other characteristics that make our employees uni❑ue. The City of El Segundo's diversity e❑uity and inclusion initiatives are incorporated into our practices and policies to continuously promote a Cork environment ❑ith ❑ Respectful communication and cooperation bet❑een employees and those contacted in the course of ❑ork including our community members, businesses, and visitors❑ Team❑ork and collaboration, encouraging and embracing the representation of all groups and perspectives❑ • Work/life balance through established flexible ❑ork schedules -land Employer and employee contributions to the communities ❑e serve to promote a greater understanding and respect for diversity. Employees of the City of El Segundo are expected to treat others ith dignity and respect and to conduct themselves in a manner that aligns ❑ith diversity, e❑uity and inclusion. Training to promote a better understanding of the importance of diversity, a❑uity and inclusion ❑ill be provided to employees to further the City's commitment to an inclusive workplace and community. Page 199 of 199