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1995 FEB 07 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other item not listed on the Agenda that is within the Jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podf un and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Jack Hilton, 322 -3769 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL February 7, 1995 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only) - 5 minute limit per person, 30 minute limit total) CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et seM t ) 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 Gov't Code section 54957 (Personnel), and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865 2 El Segundo v Salvatore John Rocco, Jr, d/b /a Bitch Skateboards, Case No YC 19864 3 Summerfield tax litigation, Case No BC 106640 4 OMA v City of El Segundo, Case No BX 026465 5 Allison v City of El Segundo, Case No YCO21971 _, 002 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 6 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c) 4 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957) None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) Re Management /Confidential employees - Jim Morrison, Negotiator REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) ADJOURNMENT POSTED: DATE: TIME: NAME: nix, AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the Jurisdiction of the City Council may be directly addressed during Public Communications Before speaking to the City Council, please come to the podium and give Your name and address and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Amencans with Disabilibes Act, if you need special assistance to participate in this meeting, please contact Jack Hilton, 322 -3769 Notification 48 hours pnor to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL FEBRUARY 7, 1995 - 7:00 P.M. Next Resolution # 3906 Next Ordinance # 1236 CALL TO ORDER INVOCATION - Rev Timothy Schepman, St John's Lutheran Church PLEDGE OF ALLEGIANCE - Councilman Switz PRESENTATIONS 1 Proclamation declaring the week of February 5 -11, 1995 as "Burn Awareness Week" in the City of El Segundo and promoting burn awareness and prevention all year long 2 Proclamation declaring Monday, March 20,1995 as Daffodil Day in the City of El Segundo and recognizing the ability of the American Cancer Society to help strike cancer out of millions of people's lives each year ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) A. PROCEDURAL MOTIONS 1 Consideration of a motion to read all ordinances and resolutions on this Agenda by Recommendation - Approval. Y �� B. SPECIAL ORDERS OF BUSINESS - 1 Public Hearing on the appeal of the Planning Commission denial of Environmental Assessment EA -349, and Conditional Use Permit CUP 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N Nash Street Recommendation - 1) Open public hearing; 2) Council discussion; and 3) Review facts and required findings and provide direction to staff for final action on the appeal. 2 Public Meeting - Consideration of a Resolution to increase fines and fees for services at the El Segundo Public Library Fiscal Impact Estimated increase in revenue of $7.000 Recommendation - 1) Open Public Meeting 2) Discussion 3) Set Public Hearing for March 7, 1995. C. UNFINISHED BUSINESS Reconsideration of Examen contract as requested by Examen. Inc Recommendation - Discussion and possible action. 2 Extension of Douelas Street between Park Place and Alaska Avenue Recommendation - 1. Appropriate $60,000 from unallocated developer traffic mitigation fee contributions to fund the twenty percent (20 %) City's matching contribution to the federal funds. 2. Authorize staff to obtain Caltrans approval to execute City -DeLeu Cather agreement in the amount of $973,460 with the condition that only Phase I - Preliminary Engineering be completed for the estimated cost of $279,846. D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1 Presentation of proposed Park Vista 1995 Budget by the El Segundo Senior Citizen Housing Corporation Fiscal Impact $436.416 Recommendation - Approval of revised Park Vista Proposed 1995 Budget. 2 Oral Report by Mr Richard Fearn, Chairperson of the Capital Improvement Program Advisory Committee (CIPAC) Recommendation - Discussion and possible action. 3 Appointments to the Capital Improvements Program Advisory Committee and the El Segundo Senior Citizen Housing Corporation Board Recommendation - Announce the appointments and respective terms of office, made by City Council on Monday, January 30, 1995. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 1 Warrant Numbers 216695- 216804 on Demand Register Summary Number 28 in total amount of $265.49152 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2 005 2 Warrant Numbers 216805- 216991 on Demand Register Summary Number 29 in total amount of $804.266 72 and Wire Transfers in the amount of $849.732 07 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 01/06/95 to 01/20/95. 3 City Council meeting minutes of January 9. 17. 19. and 30. 1995 Recommendation - Approval. 4 A Resolution of the City Council of the City of El Segundo, California, prohibiting parking of vehicles six (6) feet or more in height on the north side of Sycamore Avenue, one - hundred seventy (170) feet west of Sepulveda Boulevard Recommendation - Adopt Resolution. 5 Installation of Landscaping and Irrigation for the Hyperion Treatment Plant Landscape Buffer. Specifications No PW 94 -12 (contract amount - $ 106.000 00) Recommendation - 1. Waive minor irregularities of the low bid package, and award contract to the lowest responsible bidder, Landfomrs Landscape Construction, in the amount of $106,000.00. 2. Direct Staff to prepare the necessary standard Public Works contract and authorize the Mayor to sign after approvals as to form by the City Attorney. 6 A Resolution of the City Council of the City of El Segundo, California, authorizing the submittal of an application to the California Integrated Waste Management Board for a_ 1994 -95 Use Oil Recycling Block Grant Recommendation - Adopt Resolution. 7 Proposed Resolution extending Workers Compensation benefits to Police Reserve Officers and Explorers, uncompensated members of City Commissions, Committees and Boards, and to City Volunteers Fiscal Impact: Proposal results in no additional funding cost to the City Future costs will be on an actual basis and in recent years have been zero Recommendation - Adopt Resolution. 8 Results from closed bid process for acquisition of new undercover Police car as budeeted in the Fiscal Year 1994 -1995 Asset Forfeiture Fund Recommendation - City Council accept lowest bid from Simpson Buick Oldsmobile for $20,726.63. 9 Request approval to solicit bids for I 1 in -car video camera systems for the Police Department using Asset Forfeiture funds at a cost not to exceed $80.864 Recommendation - Approve the request and authorize staff to advertise forbids. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - NONE Councilman Robbins - NONE 3 006 Councilman Switz - NONE Mayor Pro Tem Weston - NONE Mayor Jacobson - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seq) for the purposes of conferring with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferrmg with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p m, February 7, 1995 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT DATE: TIME: NAME: 4 PROCLAMATION by The City Council of the City of El Segundo State of California WHEREAS, bums account for over 2 5 million injuries in the United States and Canada, and WHEREAS, burns are a leading cause of death and injury to children, and WHEREAS, most burns can be prevented, and WHEREAS, the El Segundo Fire Department, which is dedicated to the safety of the community, joins the National Bum Awareness Coalition to educate the community on bum prevention NOW THEREFORE, the City Council of the City of El Segundo does hereby proclaim the week of February, 5 -11, 1995 as BURN AWARENESS WEEK IN EL SEGUNDO and joins Fire Chief Jacob Nielson in promoting burn prevention awareness this week, and all year, and to heed the message that "The Worst Kind of Burn is the One You Could Have Prevented " Dated February 7, 1995 Carl Jacobson, Mayor Liam Weston, Mayor Pro Tem Michael D Robbins, Councilman Richard J Switz, Councilman Jane Fnedkm, Councilwoman x�" 008 PROCLAMATION by The City Council of the City of El Segundo State of California WHEREAS, the American Cancer Society is the nationwide county -based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives from cancer, and diminishing suffering from cancer through research, education and service, and WHEREAS, the American Cancer Society is the only voluntary cancer control organization that fights cancer nationally, statewide and locally, and WHEREAS, Daffodil Days is a national fundraiser for the American Cancer Society that takes place January through March 20, 1995 through the sale of fresh cut daffodils, and WHEREAS, the daffodil is the first flower of Spring, the flower of hope and symbolizes the hope of a world free of cancer, and WHEREAS, supporting Daffodil Days means giving hope to cancer patients and their families, and WHEREAS, the monies raised throughout El Segundo and the American Cancer Society's Los Angeles Coastal Cities Unit will support cancer research, transportation to and from cancer treatments, cost of literature for cancer patient services and education programs NOW, THEREFORE, the City Council of the City of El Segundo, does hereby proclaim Monday, March 20, 1995 as Daffodil Days in the City of EI Segundo and encourages its citizens to support the American Cancer Society ; Dated February 7, 1995 Girl Jacobson, Mayor Liam Weston, Mayor Pro Tern Michael D Robbins, Councilman Richard J Switz, Councilman Jane Friedkin, Councilwoman 1)0q EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING. Special Order of Business- Public Hearing AGENDA DESCRIPTION. Public Hearing on the appeal of the Planning Commission denial of Environmental Assessment EA -349, and Conditional Use Permit CUP 94 -4 to allow a potential Air Freight Forwarding Facility to operate at an existing vacant warehouse /office building located at 605 -607 N Nash Street RECOMMENDED COUNCIL ACTION: 1) Open public hearing, 2) Council discussion, and 3) Review facts and required findings and provide direction to staff for final action on the appeal BRIEF SUMMARY. On October 17, 1994, the Planning Division received an application from Katlin Feuerstem /Caring Communities Associates to allow a potential Air Freight Facility in an existing vacant 65,000 sq ft warehouse /office at 605 -607 N Nash Street in the Urban Mixed -Use (MU) Zone The applicant is proposing to demolish 8,478 sq ft of the building's office area, leaving 56,522 sq ft of building area Warehouse space makes up 50,522 square feet of the building, with the remaining 6,000 square feet being used for offices Four additional truck loading dock doors are proposed to be added On January 12, 1995, the Planning Commission conducted a Public Hearing, reviewed the facts and required findings related to the conditional use permit, and adopted Resolution No 2360, denying the project On January 19, 1995, an appeal of the Planning Commission decision was filed by Mr Jack Karp, the applicant's representative and President of the National Properties Group A complete project description, analysis, and background information are contained in the Planning Commission Staff Report, draft minutes, Resolution No 2360, and the appeal letter which were previously distributed to the Council ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT- (Check one) Operating Budget: Capital Improv. Budget, None Amount Reauested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ G No_ g a L ilding Safety r!eor ni Manager ea -349 c 010 r EL SEGIUNDO CITY COUNCIL MEETING DATE: February 7, 1995 AGENDA IT €M STATEMENT AGENDA HEADING: Special Order of Business- Pubic Meeting AGENDA DiSCRIPTION: Public Meeting - Consideration of a Resolution to increase fines and fees for services at the El Segundo Public Library Fiscal Impact Estimated increase in revenue of $7,000 RECOMMENDED COUNCIL ACTION: 1 Open Public Meeting 2 Discussion 3 Set Public Hearing for March 7, 1995 BRIEF SUMMARY: In accordance with the Brown Act, a public meeting is being hell for input regarding a proposed increase in library fines and fees for services at the El Segundo Public Library. On April 28, 1989, the City Council adopted Resolution No 3589, which set forth a schedule of fines and fees to recover a portion of costs for certain services of the Library Services Department. The Resolution provided for an annual increase on July 1 of each year to reflect increases in the Consumer Price Index. The City Council amended Resokition No 3589 on January 5, 1993, not only to reflect Consumer Price Index increases, but also to incorporate fees for new library services offered with the completion of the Library Expansion Project in 1992. At their June 14, 1992 meeting, the Library Board of Trustees approved a Proposed Library services Department Schedule of Fines and Fees, as submitted by the Board's Committee on Fines and Fees for fiscal year 1994/95. At the public hearing on September 20, 1994, the City Council referred the Proposed Schedule of Fines and Fees back to the Library Board with specific direction to maintain current fee rates for residents, to consider raising fees for non - residents, and raise computer room fees A Special Board Meeting was held November 17,1994 At that meeting, the Trustees rescinded the previous action and again reviewed the City Councirs suggested changes in the Proposed Library Fines and Fees Schedule A motion was made, seconded and unanimously carried to 1) increase the current library fines and fees by 1 5 %, representing the latest Consumer Price Index, in accordance with the mandate set forth in City Council Resolution #3589, dated April 18, 1989, 2) to institute resident and non - resident Adult Computer Room Use Fees at the following rates: a) Non - Resident Computer Room Use Fees are recommended at $20 per quarter; and b) Resident Adult Computer Room Use Fees are recommended at $10 per quarter Recommended charges were based upon a July- September 1994 Survey of Computer Room Use, supply and maintenance costs, and future upgrade cost considerations 3) To increase the Non - Resident Library Card Fee to $40 per year The charge was based on a survey of 31 other Metropolitan Cooperative Library System kbranes' charges for non - resident library cards, which showed the average fee charged to be $38 per annum 4) Non - Resident Fees for reference services will not be considered at this bme The Board will be studying this issue Library services covered by the Library Services Department 1994/95 Proposed Schedule of Fines and Fees include library cards, use of computers and meeting rooms, overdue book fines, interlibrary bans, repair of damaged materials, fees for equipment use, etc The amount of the fees is calculated to partially cover, but not to exceed, the cost of providing service The library currently receives approximately $30,000 per year in revenue from fines and fees. If the current use of the library remains constant, the estimated amount of revenue received from the proposed schedule of fines and fees will be $37,000, an increase of $7,000 in fines and fees revenue Public comment is welcomed at this time. ATTACHED SUPPORTING DOCUMENTS: 1 City Council Resolution No 3589 2 Staff report on Library Fines and Fees - Rates and New Services (amending City Council Resolution No. 3589) presented at the January 5, 1993 City Council Meeting 3 Chart of Library Fines and Fees - CPI Increase from 1989/90 4 1994/95 Library Services Department Proposed Schedule of Fines and Fees (Revised 11/23/94) 5 Proposed Resolution FISCAL IMPACT (Check one) Operating Budget N/A Capital Improv Budget. Amount Requested Project/Account Budget Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required - Yes_ No X J. Pearson, Library Director W Morrison, City Manager AGAPUB MrG / / /.7-/9Jt 011 REHOLUTI�N NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF FrNES AND FEES TO RECOVER PARTIAL COSTS OF LIBRAR'f SERVICES. WHEREAS, the Griffith Report dated September, 1988 recommends the establishment and /or increase In fines and fees to recover the costs for Library services; and WHEREAS, the attached Schedule of Fines and Fees is recommended to the City council to recover the partial costs of services by the E1 Segundo Public Library. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS, SECTION 1. The Schedule of Fines and Fees, referred hereto as Exhibit "A" and by reference made a part hereof is hereby approved and adopted as the Schedule of Fines and Fees for Library services. The Schedule shall be reviewed for adjustment on July 1st of each year to reflect any increase in the most recent Consumer Price Index published by the United States Bureau of Labor Statistics for the Los Angeles Basin /Long Beach Standard Metropolitan Statistical Area for all Urban Consumers (1967 Base) over the prior years Index. SECTION 2. The City Clark shall certify to the passage and adoption of this resolutions shall enter the same in the book of original resolutions of said city; and shall make a minute of the ` passage and adoption thereof in the record of the proceedings of the City Council of said city, in the minutes of the meeting at which the mesa is passed and adopted. PASSED, APPROVED and ADOPTED on April 1 May6r of the C y o cal ornia ATT CL t C ty Clerk (SEAL) , 1969. U I JO&A W 1889 L 4W 012 now 0 0. go G 1 P4 14� ; U f� STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I , 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 the said City is five; that the foregoing resolution, being Resolution No. 3589 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 adjourned regular meeting of the said Council hold on the 18th day of April 1969 and that the same was so passed and adopted by the following votes AYESI Councilmembers Clutter, Dannen, West, Anderson and Mayor Jacobson NOES1 None ABSENTS None WITHUS MY HAND THE OFFICIAL SEAL OF SAID CITY this 9th day of May, 1969. ' "& RONALD L. City Clerk of the City of E1 Segundo, California 0 . IV L I (SEAL) n 013 A _'E.:,�:A :. -:' jTA-cE,4E�47 - A�c:,uA n.5 ent = 3_encar Agenda Description: Library Fines and Fees - Rates and New Services Recommended Council Action: Approve new services fees as recommended by Library Board of Trustees BCLef Summary. Library fines and fees have not been increased since April 1989 as set by City Council Resolution No 3589. While the Resolution stipulated a review for adjustment every July 1 to reflect any increases the most recent CPI for the Los Angeles Basin /Long Beach SMSA, no action was taken by the Library Board of Trustees until February of 1992. The Board had wanted to adjust fees to include those for new services to be implemented with the completion of the Library Expansion Project. At their February 25, 1992 meeting the Library Board completed a review, utilizing comparative data of the other 11 Metropolitan Cooperative Library System members, and unanimously agreed to forward the Revised Fines and Fee Schedule for recommendation to City Council. The Finance Department has reviewed recommended schedule, which reflects, with some exceptions, CPI increases over a I year period. Some fees which were retained at the current level were considered competitive with other libraries in MCLS or exceeded current staff service costs in that category. The Library Board has included in the Revised Fines 6 Fee Schedule recommended charges for new services, again based upon comparisons with similar charges in other Metropolitan Cooperative Library System Libraries. Specific recommended charges are: COMPUTER CARDS: -Adult $5.00 /yr. - Children Free - Students (with ID) $1.00 /yr. MEETING ROOM: Non - Profit Organizations During Regular Hours FREE For - Profit During Regular Hours $20 /hr. Non - Profit after Regular Hours $35 /hr. For - Profit after Regular Hours $35 /hr. At this time staff is forwarding the Revised Library Fines and Fees Schedule and requesting City Council approval of new services charges to be incorporated therein. Attached Supporting Documents and Who Prepared Them: 1) Fines and Fees in MCLS Libraries, 1911, prepared by-MCLS 2) Proposed Fines /Fees for Library Services prepared by Library Board of Trustees and Library Director, Barbara 1 Pearson 3) City of E1 Segundo Resolution No. 358'), dated April 18, 1989 Fiscal Impact: Amount Requested: _ -0- Budget Amount: -0- In Account Number: -0- Deficit: -0- Revenue Source: _ -a- originator: Date: irbara J. Pearson, Library Director 014 Lewed By: Date: / nk Meehan, Acting City Manager fiction Taken: 0 r EL SEGUNDO PUBLIC LIBRARY SERVICES DEPARTMENT CHART OF FINES & FEES - -CPI INCREASE W0I�1i '�Z7 ITEM 1989/90 *Cost with Current LIBRARY COST OF 19.6% CPI Fine /Fee BOARD FINE Increase Recom- (Griffith since 1989 mends Report) Library Cards Residents/Volunteers/ MCLS Members FREE FREE FREE FREE Non - Residents $15 $17.93 $15.40/yr $ 40 /yr Corporate /Business $25 $29.88 $103 /yr $105 Lost/Duplicate $ 1 $ 1.20 $ 1.05 $ 1.07 Overdue Fines Books, Records, Audio Cassettes, & Compact $ .10 /day $ .12 /day $ .15/ $ .15 /day Discs day Reference Materials $ 1.00 /day $ 1.20 /day $ 2.601 $2.64/ day day Video Cassettes $ 2 /day $ 2.39/ $ 2.05/ $2.08/ day day day LosVirreperabIs Materials Cost+ $3 Handling Cost+ $ 3.59 Cost+ $ 5.15 Cost+ $ 5.22 +Handling Handling Handling *The CPI index from 4/30/90 to 2/28/94 increased 19.6% (1989/90 base year was 127.2 and on 2128/94 was 152.2). Provided by the City Finance Department. -1- 016 1 ��, -9-1-f J (Fines & Fees - Continued) ITEM 1989/1990 *Cost with Current LIBRARY COST OF 19.6% CPI Fee /Fine BOARD FINE Increase Recom- since 1989 mends Reserves $ .50 $ .58 $ .55 $ .56 INTER - LIBRARY LOAN FEES MCLS Libraries FREE FREE Free FREE Non -MCLS Libraries $ .50 $ .58 $ 1.05+ $ 1.07 + Postage Postage Lost Inter - Library $ 5 + $ 5.98+ $ 6.16 $ 6.24+ Loan Fees Cost of Cost + Cost Cost of Item Item Damaged Materials $ 10 $11.95 $12.35 $12.54 Book Bindery Periodicals $ 1.00 $ 1.20 $ 2.60 $ 2.64 Pamphlets $ 1.00 $ 1.20 $ 1.30 $ 1.31 Plastic /locked Cases for: Audio Cassettes $ 1.00 $ 1.20 $ 1.30 $ 1.31 Video Cassettes $ 2.00 $ 2.39 $ 2.30 $ 2.33 Books -On -Tape $ 1.00 $ 1.20 $ 2.30 $ 2.33 Compact Disc $ 1.25 $ 1.49 $ 1.30 $ 1.31 -2- 016 v 011t (Fines & Fees — Continued) ITEM 1989/90 *Cost Current LIBRARY COST OF with Fine /Fee BOARD FINE 19.6% CPI Recom- Increase mends since 1989 Other Charges Photocopies+ $ .15 $ .18 $ 15+ $ .15 /pg. Public Fax + N/A N/A $1.25/pg. $ 1.25/pg. Microform copies $ .10 /pg $ .12 /pg $ .10 /pg $ .10 /pg Typewriter Rental+ .25 /20min .30 /20min .50 /20mn. .50 /20min Video Rental ++ $1.00/ $1.20/ $1/3 $ 1.02/ 3 days 3 days days 3 days +These machines are leased. All revenue goes to the Leasing Firm in return for weekly maintenance and supplies from Lessor. The Public Fax is a new service as of 8/94. + +Video rentals began Jan. 1989. Proceeds are used only to purchase new videos for the collection. -3- 017 L (Fines & Fees continued) The following Fees were instituted with the completion of the re- modeling project in March 1992. There were no prior year fees for these charges. ITEM 1989/90 COST OF FINE *Cost with 19.6% CPI Increase since 1989 Current Fee /Fine LIBRARY BOARD Recom- mends Meeting Room Fees N/A N/A FREE FREE Non - Profit Meetings For - Profit Meetings N/A N/A $20 /hr $20.30 /hr EQUIPMENT USE: Kitchen N/A N/A $25 Refund- able $25.38 Refund- able Podium N/A N/A Free Free Microphone N/A N/A Free Free Screen (Portable) N/A NIA $5 $5.08 CD /Cassette Player N/A N/A Free Free Overhead Projector NIA N/A $5 $5.08 Television N/A N/A Free Free 16MM SOUND /FILM Projector N/A N/A $5 $5.08 Slide Projector N/A N/A $5 $5.08 Built -in Video Projection System N/A N/A $5 $5.08 Computer Rooms Adult Resident N/A N/A $5/YR $10 /qrt. Adult Non - Resident N/A N/A $5/YR $20 /qrt. ELS High School N/A N/A $1 /yr $1.02 /yr Children N/A N/A Free Free -4F k) 18 up LI�� 1994/95 LIBRARY SERVICES DEPARTMENTAL PROPOSED SCHEDULE OF FINES & FEES APPROVED BY THE LIBRARY BOARD OF TRUSTEES NOVEMBER 17, 1994 Olg ft 1 F'71' 11 �L LIBRARY CPI (1.5 %) BOARD CURRENT ADJUSTED RECOM- ITEM FINES RATE 7/94 MENDS LIBRARY CARDS Residents, Volunteers FREE FREE FREE & MCLS Non - Residents $1540 /yr. $15.63 $40 Corporate /Business $103 /YR $105/YR $1051YR LostfDuplicatc $105 $1.07 $1.07 (New plastic cards since last cost increase) COMPUTER ROOMS: Adult Resident $5 /yr $5.07 /yr $10 /quarter Adult Non - Resident $5 /yr $5 07 /yr $20 /quarter ELS High School $1 /yr $1 /yr $1 /yr Children Free Free Free OVERDUE FINES: Books, Records, Audio Cassettes, & Compact Discs $ .15 $ .15 $ .15 (Max $460 (Same Max. (Same Max. or cost of cost) cost) item [if long ovcrducj) Reference Materials $2 60; D.n $2 64/Day $2.64/Day (M.ir S', or (Max. $80) (Max. $80) Cost of Item I Video Cassettes $2 05, D.,s $2 08/Day $2 08/Day (Or Co.t ..t (Or Cost) (Or Cost) Item) Olg ft 1 F'71' 11 �L �Z0 L_ 1 k� / 4 1-2 iz CPI (1.5 %) LIBRARY Adjusted BOARD CURRENT Rate RECOM- ITEM FINES 7/91 MENDS LOST/ IRREPARABLE Current re- Current cost Current cost MATERIALS placement + 522 + $522 Cost + handling handling $5.15 hand- ling fee RESERVES Books $ 55 $ 56 $ 56 INTER - LIBRARY LOAN FEES: MCLS Libraries Free Free Free Non -MCLS $105 $107 hand- $1.07 hand - handling+ ling+ ling + Returned Returned Returned Postage Postage Postage Lost Inter - Library Loan Fees $6 16 hand- $6.24 hand- $6.24 hand- ling + Cost ling +Cost hng+ Cost of material of material of material DAMAGED MATERIAL FEES: Book Bindery $1235 $12.54 $12.54 Periodicals $260 $2.64 $2.64 Pamphlets $130 $1.31 $1.31 Plastic Cases for: (Includes $1.00 handling) Audio Cassette $130 $131 $1.31 Video Cassettes $2 30 $233 $2.33 Books on Tape $230 $233 $2.33 Compact Discs $1 30 $131 $131 �Z0 L_ 1 k� / 4 1-2 iz IIE,VI CLRREiNI' FINES CPI (1.5%) LIBRARY BOARD RECOM- MENDS OTHER CHARGES Photo Copies* $ 15 /copy $ 15 /copy $ 15 /copy Public Fax Services* 0 0 $1 25 /pg Microform Copies $ 10 $ 10 $ 10 Typewriter Rental* $ .50/20ntun. same same Video Rental ** $1 Ea./ 3 days $102 Ea. 13 days $1.02 Ea. /3 days MEETING ROOM Non- Profit Meetings FREE FREE FREE For - Profit Meetings $20 /hr $20 30 /hr $20 30 /hr EQUIPMENT USE Kitchen $25 Refundable $25.38 Refundable $25.38 Refundable Podium included Included Included Microphone Included Included Included Screen (Portable) $5 $508 $5.08 CD /Cassette Player Free Free Free Overhead Projector $5 $508 $5.08 Television Free Free Free lbmm Sound/Film Projector $5 $5 $5 Slide Projector $5 $508 $5.08 Built -in Video Projection System $5 $508 1 $5.08 *"These machines are leased. All revenue goes to the Leasing Firm in return for weekly maintenance and supplies from Lessor. * *Video Rental Program Began Jan. 1989. Prolcul5 are used to purchase new videos for the collection 021 RESOLUTION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING A SCHEDULE OF FEES TO PARTIALLY COVER, BUT NOT TO EXCEED, THE COSTS OF PROVIDING VARIOUS L113RARY SERVICES. WHEREAS, City Council Resolution 3589, as amended on January 5, 1993 establishes that the cost for services of implementing and processing various Library Services Department Programs, shall be recovered and the fees therefore shall be fixed and established by City Council from time to time by Resolution, and WHEREAS, the attached Schedule of Fees is recommended to the City Council to cover the costs of said services by the Library Services Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Schedule of Fees, referred hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and adopted as the Schedule of Fees for services of implementing and processing the various Library Services Department Programs The fees set for the in Exhibit "A" shall be adjusted on July 1st of each year to reflect any increase in the most recent Consumer Price Index published by the United States Bureau of Labor Statistics for the Los Angeles Basin/Long Beach Standard Metropolitan Statistical Area for all Urban Consumers (1967 Base) over the prior years Index. SECTION 2. 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 in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED on ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: _rC c - Letand C Dolley, City Attorney Carl Jacobson, Mayor of the City of E1 Segundo, California 1994 V.c 2 a1W L I pa- � E � v =i aE5 EL SEGUNIO CITY COUNCIL MEETING DATE: FEBRUARY 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: UNFINISHED BUSINESS AGENDA DESCRIPTIM: Reconsideration of Examen contract as requested by Examen, Inc Discussion and possible action On January 17, 1995, Council approved an "Agreement for Consulting Services" (the "Agreement) be entered into between the City of El Segundo and Examen, Inc in the form presented to Council on that date On January 18, 1995, copies of the Agreement were sent to Examen for execution Examen has since contacted the City with requested changes to the Agreement The revised contract is back before the City Council for consideration and action The changes requested by Examen to the contract are for the most part wording changes that do not modify the contract intent The exception to this is that the report filed by Examen will now be in a format that includes an executive summary with needed supporting exhibits and its presentation to the City Council will be in closed session The Council should also be aware that Examen's errors and omissions insurance carrier is not an admitted carrier in the State of California This means its loses, if they are to exceed its assets, would not be covered by the other insurance carriers who are admitted in California 1 Agreement marked to show changes requested by Examen 2 Final version of Agreement (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: ProjectfAccount Budget: ProjecHAccourK Balance: Date: Account Number. Project Phase: James VV-�Mornson, City Manager City Manager 023 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT ( "Agreement "), is made and entered into this day of , 19_, between the City of El Segundo, a municipal corporation, hereinafter referred to as "City" and Examen, Inc , hereinafter referred to as "Consultant " The parties hereto mutually agree as follows SECTION 1 RECITALS This Agreement is made and entered into with respect to the following facts a That the City is desirous of obtaining the services of a qualified consulting service to perform legal cost management services, and b That the City has sought and considered proposals by various persons to perform such services, and C That Consultant has been selected by the City as the most qualified to provide such services and Consultant has agreed to perform such services, subject to the terms and conditions set forth in this Agreement, and d That the legislative body of the City has determined that the public interest, convenience and necessity require the execution of this Agreement SECTION 2 SERVICES Consultant agrees to and shall perform all work required and reasonably necessary in order to provide the services ( "Services ") to the City as set forth in Exhibit A, attached hereto and incorporated herein by this reference The Services to be provided hereunder shall be performed in accordance with the terms of this Agreement City acknowledges and agrees that Consultant is not offering or rendering any legal, tax or certified accounting /audit opinions, advice or counsel in performing or providing any Services SECTION 3 TIME FOR SERVICES TO BE RENDERED Consultant shall complete the Services required under this Agreement according to the schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference SECTION 4 TERM This Agreement shall commence on its date of execution and shall remain and continue in effect until tasks described herein are completed, but in no event later than seventy -five (75) days after the date hereof SECTION 5 PERFORMANCE Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement Consultant's performance under this Agreement shall be continuously i.a n\ ,, ... M, 025 evaluated by City Manager of the City ( "City Manager ") or his or her designee Consultant shall be notified in writing of any deficiency in a timely manner Consultant shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the City Manager or his or her designee SECTION 6 CONSULTANT ACCESS TO INFORMATION In performing any reviews or audits of certain records maintained by law firms representing the City, Consultant shall have access to the City's confidential legal files (including, without limitation, legal bills) for the limited purpose of conducting such review or audit SECTION 7 DESIGNATED CITY LIAISON The City designates the City Manager as its liaison with Consultant during the term of this Agreement SECTION 8 EXTRA SERVICES The city shall not be obligated to pay for any extra services rendered by Consultant under this Agreement unless such extra services first shall have been authorized in writing by the City SECTION 9 CITY SUPERVISION The City Manager of the City, or his or her designee, shall have the right of general supervision of all work performed by Consultant and shall be the City's agent with respect to obtaining Consultant's compliance hereunder The City Manager or his or her designee shall at all times have access to the Consultant's work for the purposes of inspecting the same and determining that the work is being performed in accordance with the terms of the Agreement SECTION 10 COMPENSATION The City agrees to compensate Consultant for its Services in the amounts as provided in the compensation schedule set forth in Exhibit C, attached hereto and incorporated herein by this reference The total compensation to- be paid by City to Consultant shall not exceed $21,000 for the total term of the Agreement, excluding reimbursable expenses, unless additional payment is approved by the City Council Reimbursable expenses shall not exceed $5,000 Consultant shall submit invoices monthly, in duplicate, for actual services performed The invoices shall include supporting documentation such as detail of employee classifications and hours worked, receipts for reimbursable expenses billed to City and additional support information as City may reasonably require The City shall review each invoice submitted by the Consultant to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement All invoices shall be approved or returned to Consultant for correction The City shall pay ninety -five percent (95 %) of the amount of the invoice, except the final invoice, within thirty (30) days following approval of each invoice by the City The five percent (5 %) of each invoice amount retained by the City shall be included in the final invoice and paid upon satisfactory completion of all the services required under this Agreement SECTION 11 SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The City may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least 2 M7 026 thirty (30) days prior written notice Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the Consultant shall immediately prepare and serve upon the City an invoice covering all outstanding fees or other claimed compensation Within thirty (30) days after approval of said invoice, the City shall cause payment to the Consultant the amount so approved, or the City shall provide the Consultant with a written statement objecting to the charge For incomplete tasks in progress as of the date of the giving of notice of termination by the City, Consultant shall be compensated for actual costs and work performed as of the effective date of such notice If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement, SECTION 12 BREACH OF CONTRACT In the event that Consultant is in default under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the tasks described herein are performed to the reasonable satisfaction of the City Manager of the City Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default If the City Manager or his or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement If Consultant fails to cure the default, Consultant shall only be compensated for actual cost and work performed as approved by the City as of the date of the default notice SECTION 13 OWNERSHIP OF DOCUMENTS All original documents and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant Upon termination of this Agreement, Consultant shall turn over to City all original papers, reports, documents or other materials generated by Consultant under this Agreement All proprietary methodologies, codes and software owned by Consultant shall remain its sole property SECTION 14 OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by Consultant during the course of this Agreement shall be solely the property of the City without restriction or limitation on City's use All proprietary methodologies, codes and software owned by Consultant shall remain its sole property w, 027 SECTION 15 CONFIDENTIALITY Consultant shall not, either during or after the term of this Agreement, disclose to any third party any confidential, proprietary or privileged information relative to the work or the business of the City and /or any affiliated organization, without the written consent of the City Council Consultant shall keep confidential and not disclose to any third party any specific findings from the audit of any legal files or the results of its services, without the written consent of the City Consultant shall not be prohibited from using or disclosing gross data or any other information that is not proprietary, confidential or privileged Notwithstanding the foregoing, Consultant may disclose any information to Consultant's attorneys, accountants and consultants or if, upon the advice of its counsel, Consultant is legally compelled to disclose such information Confidential information shall not include any information in the possession of Consultant prior to the date of its disclosure by City, any information generally available to the public, or any information which becomes available to Consultant on a non - confidential basis from a third party who is not bound by a confidentiality obligation to City SECTION 16 (THIS SECTION INTENTIONALLY LEFT BLANK] SECTION 17 EXAMINATION OF RECORDS Consultant agrees that any duly authorized representative of City shall have reasonable access to and the right to examine any pertinent books, documents, papers, and accounting records of Consultant, during normal business hours, which pertain to transactions under this Agreement for a period of three (3) years after expiration of this Agreement SECTION 18 INDEPENDENT CONTRACTOR The Consultant is and shall at all times remain as to the City a wholly independent contractor Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as expressly set forth in this Agreement The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City No employee benefits shall be available to Consultant in connection with the performance of this Agreement Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City City shall not be liable for compensation of or indemnification to Consultant for injury or sickness arising out of performing services hereunder SECTION 19 LEGAL RESPONSIBILITIES The Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law, including, but not limited to, an El Segundo Business license The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the Consultant or in any way affect the performance of the services pursuant to this Agreement The Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of w, 028 federal, state and local governments, including but not limited to the El Segundo Municipal Code The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section Consultant may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the City for employees designated to the City to be used on this project prior to the execution of this Agreement SECTION 20 EQUAL OPPORTUNITY CLAUSE Consultant and its subconsultants shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4 5 of the Division 2 of the California Labor Code, the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto, Executive Order No 11246, and all administrative rules and regulations issued pursuant to such acts and order in the performance of this Agreement SECTION 21 UNAUTHORIZED ALIENS Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U S C A § 1101, et seq ), as amended, and, in connection therewith, shall not employ unauthorized aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith SECTION 22 NOTICE Whenever it shall be necessary for either party to serve notice on the other regarding this Agreement, such notice shall be served by personal service or certified mail, postage prepaid, return receipt requested, addressed to the City of El Segundo, Office of City Manager, 350 Main Street, El Segundo, California, 90245, and the Consultant at Examen, Inc, Chief Operating Officer, 1550 Harbor Boulevard, Suite 200, West Sacramento, California, 95691 unless and until different addresses may be furnished in writing by either party to the other Notice shall be deemed to have been served on the day of personal service or seventy -two (72) hours after the same has been deposited in the United States Postal Services This shall be valid and sufficient service of notice for all purposes SECTION 23 ASSIGNMENT The Consultant shall not assign, transfer or subcontract the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City M, 029 SECTION 24 INSURANCE a Liability Insurance The Consultant shall, prior to the effective date of this Agreement, secure from a company or companies authorized to do business in the State of California, pay for, and maintain in full force and effect during the term of this Agreement, a policy or policies of general liability insurance, in the following amounts comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000 00 per occurrence, comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000 00 per occurrence, and professional errors and omissions liability insurance in an amount of not less than $1,000,000 00 per occurrence b Workers' Compensation Insurance Prior to the effective date of this Agreement, the Consultant shall file with the City the following signed certification "I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work " The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' compensation insurance c Additional Insured The City and its respective elected and appointed officers, employees and agents shall be named as additional insured on the comprehensive general and auto liability policies required under this Agreement The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, employees and agents For any claims related to the services under this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, employees and agents Any insurance or self - insurance maintained by the City, its officers, employees or agents shall be excess to the Consultant's insurance and shall not contribute with it d Insurance Certificates Prior to the effective date of this Agreement, the Consultant shall file with the City Certificates of Insurance for all insurance policies required under this Agreement A current Certificate or Certificates shall be maintained on file at all times during the term or extended terms of this Agreement Each such Certificate shall be subject to approval as to form by the City Attorney of the City Each such Certificate shall bear an endorsement providing that the policy to which it relates cannot be terminated or materially altered except after thirty (30) days prior notice to the City either by hand delivery to the City or sent by U S certified and registered mail e Termination for Lack of Required Insurance Coverage If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, all required insurance and coverage, the City may obtain such coverage at Consultant's 6 1.. oug.<ama ,, M, 030 expense, and deduct the cost thereof from sums due Consultant hereunder, and /or terminate this Agreement, forthwith SECTION 25 INDEMNIFICATION a The Consultant agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgments at law or in equity, or liability of any kind or nature (collectively, "Losses ") which the City, its elective and appointive boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for any claim for damages, including but not limited to injury to or death of persons or damage to property, arising out of Consultant's negligence or willful misconduct in connection with the Services performed pursuant to this Agreement b City agrees to, and shall defend, indemnify, protect and hold harmless the Consultant and its directors, officers, employees, agents and consultants from and against any and all Losses which any of them may sustain or incur or which may be imposed upon them for any claim for damages, including but not limited to injury to or death of persons or damage to property, arising out of or related to City's negligence or willful misconduct in connection with the Services performed pursuant to this Agreement SECTION 26 ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Consultant Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding SECTION 27 WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof SECTION 28 BINDING EFFECT This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto SECTION 29 ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled SECTION 30 GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California 7 W, 031 SECTION 31 EFFECTIVE DATE AND EXECUTION This Agreement shall be effective from and after the date it is signed by the representatives of the City and signed by Consultant This Agreement may be executed in counterparts SECTION 32 APPROVAL BY CITY COUNCIL On January 17, 1995, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City SECTION 33 LEGAL ADVICE Each party acknowledges that it has had an opportunity to obtain advice of counsel in entering into this Agreement, and neither party is relying on any representation of the other party not expressly provided in this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written "CITY" CITY OF EL SEGUNDO Carl Jacobson, Mayor ATTEST City Clerk APPROVED AS TO FORM Leland C Dolley, City Attorney "CONSULTANT" EXAMEN, INC ell PrmtlType Name and Title s joa R�9� en,e =en W 032 Exhibit A SCOPE OF CONSULTANT SERVICES Objectives of assignment • To determine if the methods of staffing and managing the City's legal work by Burke, Williams & Sorensen are appropriate and efficient during the audit period • To identify billing procedure practices of Burke, Williams & Sorensen, that are inappropriate and /or do not provide the City needed information to review bills /control costs • To identify billing errors and provide an estimate of the dollar significance of these errors during the audit period • To prepare a confidential written report to the City that identifies the above described items and includes specific recommendations derived from opinions based on audit samples that are deemed appropriate The format of this report shall be an executive summary with supporting exhibits and text • To advise the City staff in a post -audit meeting regarding the audit findings regarding methods of reviewing future legal bills so as to minimize future billing problems /errors • To maintain the confidential nature of the City's legal bills to protect any and all attorney /client privileged information contained therein To accomplish the above described objectives, Examen will, at the minimum, perform the following tasks, • Assign sufficient staff to the project so that it may proceed in a timely manner It is anticipated that the time from engagement to submittal of a final report will not exceed 30 days • Assign experienced staff to the project who are knowledgeable in the field of auditing public agency legal billsicosts • Hold an initial project meeting with the partner in charge at Burke, Williams & Sorensen to discuss /coordinate audit methods, needed materials, space needs, etc so that there is the minimal disruption of the law firm consistent with the auditor's needs • Sample sufficient bills /documents of Burke, Williams and Sorensen produced during the City's 93/94 fiscal year and July and August of the 94/95 fiscal year to obtain statistically accurate data (the "audit period ") 9 w us�m •,e..�m M, 033 • Validate, based on the sample, that tasks billed during the audit period were performed, that charges for work accomplished were reasonable and that the firm's case management procedures are efficient during the audit period • Validate, based on the sample, that disbursement charges were incurred, that charges for same were reasonable and that the firm's cost allocation methods are appropriate during the audit period • Estimate, based on the sample, the total amount of any overcharges billed to the City during the audit period • Prepare a confidential written report describing the results of each of the above tasks Said written report shall be submitted directly to the Mayor and each member of the El Segundo City Council Concurrently, a copy of said report shall be submitted to the City Manager In addition, this report will be reviewed by a representative of Examen with the City Council at a scheduled closed Council meeting • In the post -audit meeting regarding the audit report, advise designated City staff of methods of legal bill review to minimize the potential of allowing overcharges in the future or paying bills submitted with or in error 10 ,oe nogi eon on—a ien M7 034 Exhibit B TIME SCHEDULE TO PROVIDE CONSULTANT'S SERVICES Work will commence within ten (10) working days of execution of this Agreement As stated in Exhibit A, Scope of Consultant's Services, it is anticipated that the assignment will be completed, except for a verbal review with the City Council, within thirty (30) days of commencement The only reason this schedule will not be adhered to will be because of circumstances beyond the control of Consultant, including those caused by the City or Burke, Williams & Sorensen If this latter event is the situation, Consultant shall immediately notify the City Manager who will take appropriate action The time for performance under this Agreement shall be extended only by a circumstance as reasonably determined by the City Manager I t e,eame . m,o M70 3 5 Exhibit C CONSULTANT'S COMPENSATION SCHEDULE The compensation to be paid by City for the work described in Exhibit A, Scope of Consultant's Services, will be a composite of two components These components and the amount of each are described below Consulting Fee Schedule Fees to be based on actual time required to accomplish the assignment but in no case shall this component exceed $21,000 The hourly rates shall be Professional Consultants $145 per hour Data Analyst/Data Preparation $ 45 per hour Reimbursable Expenses Actual expenses incurred for the following items but in no case shall these expenses exceed $5,000 Photocopying Outgoing FAX Mileage Courier /Overnight Mail Long Distance Telephone Travel Postage $ 15 per page $ 50 per page IRS approved rate Actual Actual Actual Actual 12 M, 036 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT ( "Agreement "), is made and entered into this day of , 19_, between the City of El Segundo, a municipal corporation, hereinafter referred to as "City" and Examen, Inc, hereinafter referred to as "Consultant " The parties hereto mutually agree as follows SECTION 1 RECITALS This Agreement is made and entered into with respect to the following facts a That the City is desirous of obtaining the services of a qualified consulting service to perform legal cost management services, and b That the City has sought and considered proposals by various persons to perform such services, and c That Consultant has been selected by the City as the most qualified to provide such services and Consultant has agreed to perform such services, subject to the terms and conditions set forth in this Agreement, and d That the legislative body of the City has determined that the public interest, convenience and necessity require the execution of this Agreement SECTION 2 SERVICES Consultant agrees to and shall perform all work required and reasonably necessary in order to provide the services ( "Services ") to the City as set forth in Exhibit A, attached hereto and incorporated herein by this reference The Services to be provided hereunder shall be performed in accordance with the terms of this Agreement City acknowledges and agrees that Consultant is not offering or rendering any legal, tax or certified accounting /audit opinions, advice or counsel in performing or providing any Services SECTION 3 TIME FOR SERVICES TO BE RENDERED Consultant shall complete the Services required under this Agreement according to the schedule set forth in Exhibit B, attached hereto and incorporated herein by this reference SECTION 4 TERM This Agreement shall commence on its date of execution and shall remain and continue in effect until tasks described herein are completed, but in no event later than seventy -five (75) days after the date hereof SECTION 5 PERFORMANCE Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement Consultant's performance under this Agreement shall be continuously t 025 evaluated by City Manager of the City ( "City Manager') or his or her designee Consultant shall be notified in writing of any deficiency in a timely manner Consultant shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the City Manager or his or her designee SECTION 6 CONSULTANT ACCESS TO INFORMATION In performing any reviews or audits of certain records maintained by law firms representing the City, Consultant shall have access to the City's confidential legal files (including, without limitation, legal bills) for the limited purpose of conducting such review or audit SECTION 7 DESIGNATED CITY LIAISON The City designates the City Manager as its liaison with Consultant during the term of this Agreement SECTION 8 EXTRA SERVICES The city shall not be obligated to pay for any extra services rendered by Consultant under this Agreement unless such extra services first shall have been authorized in writing by the City SECTION 9 CITY SUPERVISION The City Manager of the City, or his or her designee, shall have the right of general supervision of all work performed by Consultant and shall be the City's agent with respect to obtaining Consultant's compliance hereunder The City Manager or his or her designee shall at all times have access to the Consultant's work for the purposes of inspecting the same and determining that the work is being performed in accordance with the terms of the Agreement SECTION 10 COMPENSATION The City agrees to compensate Consultant for its Services in the amounts as provided in the compensation schedule set forth in Exhibit C, attached hereto and incorporated herein by this reference The total compensation to- be paid by City to Consultant shall not exceed $21,000 for the total term of the Agreement, excluding reimbursable expenses, unless additional payment is approved by the City Council Reimbursable expenses shall not exceed $5,000 Consultant shall submit invoices monthly, in duplicate, for actual services performed The invoices shall include supporting documentation such as detail of employee classifications and hours worked, receipts for reimbursable expenses billed to City and additional support information as City may reasonably require The City shall review each invoice submitted by the Consultant to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement All invoices shall be approved or returned to Consultant for correction The City shall pay ninety -five percent (95 %) of the amount of the invoice, except the final invoice, within thirty (30) days following approval of each invoice by the City The five percent (5 %) of each invoice amount retained by the City shall be included in the final invoice and paid upon satisfactory completion of all the services required under this Agreement SECTION 11 SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The City may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least Pj a v�.�m4.mmw7 026 thirty (30) days prior written notice Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the Consultant shall immediately prepare and serve upon the City an invoice covering all outstanding fees or other claimed compensation Within thirty (30) days after approval of said invoice, the City shall cause payment to the Consultant the amount so approved, or the City shall provide the Consultant with a written statement objecting to the charge For incomplete tasks in progress as of the date of the giving of notice of termination by the City, Consultant shall be compensated for actual costs and work performed as of the effective date of such notice If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement SECTION 12 BREACH OF CONTRACT In the event that Consultant is in default under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the tasks described herein are performed to the reasonable satisfaction of the City Manager of the City Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default If the City Manager or his or her designee determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Consultant with written notice of the default The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement If Consultant fads to cure the default, Consultant shall only be compensated for actual cost and work performed as approved by the City as of the date of the default notice SECTION 13 OWNERSHIP OF DOCUMENTS All original documents and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant Upon termination of this Agreement, Consultant shall turn over to City all original papers, reports, documents or other materials generated by Consultant under this Agreement All proprietary methodologies, codes and software owned by Consultant shall remain its sole property SECTION 14 OWNERSHIP OF MATERIALS All reports, documents, floppy discs, diskettes or other materials developed or discovered by Consultant during the course of this Agreement shall be solely the property of the City without restriction or limitation on City's use All proprietary methodologies, codes and software owned by Consultant shall remain its sole property s M, 027 SECTION 15 CONFIDENTIALITY Consultant shall not, either during or after the term of this Agreement, disclose to any third party any confidential, proprietary or privileged information relative to the work or the business of the City and /or any affiliated organization, without the written consent of the City Council Consultant shall keep confidential and not disclose to any third party any specific findings from the audit of any legal files or the results of its services, without the written consent of the City Consultant shall not be prohibited from using or disclosing gross data or any other information that is not proprietary, confidential or privileged Notwithstanding the foregoing, Consultant may disclose any information to Consultant's attorneys, accountants and consultants or if, upon the advice of its counsel, Consultant is legally compelled to disclose such information Confidential information shall not include any information in the possession of Consultant prior to the date of its disclosure by City, any information generally available to the public, or any information which becomes available to Consultant on a non - confidential basis from a third party who is not bound by a confidentiality obligation to City SECTION 16 [THIS SECTION INTENTIONALLY LEFT BLANK] SECTION 17 EXAMINATION OF RECORDS Consultant agrees that any duly authorized representative of City shall have reasonable access to and the right to examine any pertinent books, documents, papers, and accounting records of Consultant, during normal business hours, which pertain to transactions under this Agreement for a period of three (3) years after expiration of this Agreement SECTION 18 INDEPENDENT CONTRACTOR The Consultant is and shall at all times remain as to the City a wholly independent contractor Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as expressly set forth in this Agreement The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City No employee benefits shall be available to Consultant in connection with the performance of this Agreement Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City City shall not be liable for compensation of or indemnification to Consultant for injury or sickness arising out of performing services hereunder SECTION 19 LEGAL RESPONSIBILITIES The Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law, including, but not limited to, an El Segundo Business license The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the Consultant or in any way affect the performance of the services pursuant to this Agreement The Consultant shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of a ,�n��nw, 028 federal, state and local governments, including but not limited to the El Segundo Municipal Code The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section Consultant may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the City for employees designated to the City to be used on this project prior to the execution of this Agreement SECTION 20 EQUAL OPPORTUNITY CLAUSE Consultant and its subconsultants shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4 5 of the Division 2 of the California Labor Code, the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto, Executive Order No 11246, and all administrative rules and regulations issued pursuant to such acts and order in the performance of this Agreement SECTION 21 UNAUTHORIZED ALIENS Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U S C A § 1101, et seq ), as amended, and, in connection therewith, shall not employ unauthorized aliens as defined therein Should Consultant so employ such unauthorized aliens for the performance of work and /or services covered by this Agreement, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith SECTION 22 NOTICE Whenever it shall be necessary for either party to serve notice on the other regarding this Agreement, such notice shall be served by personal service or certified mail, postage prepaid, return receipt requested, addressed to the City of El Segundo, Office of City Manager, 350 Main Street, El Segundo, California, 90245, and the Consultant at Examen, Inc, Chief Operating Officer, 1550 Harbor Boulevard, Suite 200, West Sacramento, California, 95691 unless and until different addresses may be furnished in writing by either party to the other Notice shall be deemed to have been served on the day of personal service or seventy -two (72) hours after the same has been deposited in the United States Postal Services This shall be valid and sufficient service of notice for all purposes SECTION 23 ASSIGNMENT The Consultant shall not assign, transfer or subcontract the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City s 0 29 SECTION 24 INSURANCE a Liability Insurance The Consultant shall, prior to the effective date of this Agreement, secure from a company or companies authorized to do business in the State of California, pay for, and maintain in full force and effect during the term of this Agreement, a policy or policies of general liability insurance, in the following amounts comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000 00 per occurrence, comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000 00 per occurrence, and professional errors and omissions liability insurance in an amount of not less than $1,000,000 00 per occurrence b Workers' Compensation Insurance Prior to the effective date of this Agreement, the Consultant shall file with the City the following signed certification "I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work " The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' compensation insurance c Additional Insured The City and its respective elected and appointed officers, employees and agents shall be named as additional insured on the comprehensive general and auto liability policies required under this Agreement The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, employees and agents For any claims related to the services under this Agreement, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, employees and agents Any insurance or self - insurance maintained by the City, its officers, employees or agents shall be excess to the Consultant's insurance and shall not contribute with it d Insurance Certificates Prior to the effective date of this Agreement, the Consultant shall file with the City Certificates of Insurance for all insurance policies required under this Agreement A current Certificate or Certificates shall be maintained on file at all times during the term or extended terms of this Agreement Each such Certificate shall be subject to approval as to form by the City Attorney of the City Each such Certificate shall bear an endorsement providing that the policy to which it relates cannot be terminated or materially altered except after thirty (30) days prior notice to the City either by hand delivery to the City or sent by U S certified and registered mail e Termination for Lack of Required Insurance Coverage If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, all required insurance and coverage, the City may obtain such coverage at Consultant's 6 030 expense, and deduct the cost thereof from sums due Consultant hereunder, and /or terminate this Agreement, forthwith SECTION 25 INDEMNIFICATION a The Consultant agrees to, and shall defend, indemnify, protect and hold harmless the City, its elective and appointive boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, defense costs, fines, penalties, expenses, causes of action and judgments at law or in equity, or liability of any kind or nature (collectively, "Losses ") which the City, its elective and appointive boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for any claim for damages, including but not limited to injury to or death of persons or damage to property, arising out of Consultant's negligence or willful misconduct in connection with the Services performed pursuant to this Agreement b City agrees to, and shall defend, indemnify, protect and hold harmless the Consultant and its directors, officers, employees, agents and consultants from and against any and all Losses which any of them may sustain or incur or which may be imposed upon them for any claim for damages, including but not limited to injury to or death of persons or damage to property, arising out of or related to City's negligence or willful misconduct in connection with the Services performed pursuant to this Agreement SECTION 26 ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Consultant Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding SECTION 27 WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof SECTION 28 BINDING EFFECT This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto SECTION 29 ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled SECTION 30 GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California 7 lae nu8rmnenuxunen MI 031 SECTION 31 EFFECTIVE DATE AND EXECUTION This Agreement shall be effective from and after the date it is signed by the representatives of the City and signed by Consultant This Agreement may be executed in counterparts SECTION 32 APPROVAL BY CITY COUNCIL On January 17, 1995, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City SECTION 33 LEGAL ADVICE Each party acknowledges that it has had an opportunity to obtain advice of counsel in entering into this Agreement, and neither party is relying on any representation of the other party not expressly provided In this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written "CITY" CITY OF EL SEGUNDO Z Carl Jacobson, Mayor ATTEST City Clerk APPROVED AS TO FORM Leland C Dolley, City Attorney "CONSULTANT" EXAMEN, INC Z Print type Name and Title �M7 032 Exhibit A SCOPE OF CONSULTANT SERVICES Objectives of assignment • To determine if the methods of staffing and managing the City's legal work by Burke, Williams & Sorensen are appropriate and efficient during the audit period • To identify billing procedure practices of Burke, Williams & Sorensen, that are inappropriate and /or do not provide the City needed information to review bills /control costs • To identify billing errors and provide an estimate of the dollar significance of these errors during the audit period • To prepare a confidential written report to the City that identifies the above described items and includes specific recommendations derived from opinions based on audit samples that are deemed appropriate The format of this report shall be an executive summary with supporting exhibits and text • To advise the City staff in a post -audit meeting regarding the audit findings regarding methods of reviewing future legal bills so as to minimize future billing problems /errors • To maintain the confidential nature of the City's legal bills to protect any and all attorney /client privileged information contained therein To accomplish the above described objectives, Examen will, at the minimum, perform the following tasks • Assign sufficient staff to the project so that it may proceed in a timely manner It is anticipated that the time from engagement to submittal of a final report will not exceed 30 days • Assign experienced staff to the project who are knowledgeable in the field of auditing public agency legal bills /costs • Hold an initial project meeting with the partner in charge at Burke, Williams & Sorensen to discuss /coordinate audit methods, needed materials, space needs, etc so that there is the minimal disruption of the law firm consistent with the auditor's needs Sample sufficient bills /documents of Burke, Williams and Sorensen produced during the City's 93/94 fiscal year and July and August of the 94/95 fiscal year to obtain statistically accurate data (the "audit period ") 9 w, 033 • Validate, based on the sample, that tasks billed during the audit period were performed, that charges for work accomplished were reasonable and that the firm's case management procedures are efficient during the audit period • Validate, based on the sample, that disbursement charges were incurred, that charges for same were reasonable and that the firm's cost allocation methods are appropriate during the audit period • Estimate, based on the sample, the total amount of any overcharges billed to the City during the audit period • Prepare a confidential written report describing the results of each of the above tasks Said written report shall be submitted directly to the Mayor and each member of the El Segundo City Council Concurrently, a copy of said report shall be submitted to the City Manager In addition, this report will be reviewed by a representative of Examen with the City Council at a scheduled closed Council meeting • In the post -audit meeting regarding the audit report, advise designated City staff of methods of legal bill review to minimize the potential of allowing overcharges in the future or paying bills submitted with or in error 10 M, 034 Exhibit B TIME SCHEDULE TO PROVIDE CONSULTANT'S SERVICES Work will commence within ten (10) working days of execution of this Agreement As stated in Exhibit A, Scope of Consultant's Services, it is anticipated that the assignment will be completed, except for a verbal review with the City Council, within thirty (30) days of commencement The only reason this schedule will not be adhered to will be because of circumstances beyond the control of Consultant, including those caused by the City or Burke, Williams & Sorensen If this latter event is the situation, Consultant shall immediately notify the City Manager who will take appropriate action The time for performance under this Agreement shall be extended only by a circumstance as reasonably determined by the City Manager I I >" nv� gn�m M70 3 5 Exhibit C CONSULTANT'S COMPENSATION SCHEDULE The compensation to be paid by City for the work described in Exhibit A, Scope of Consultant's Services, will be a composite of two components These components and the amount of each are described below Consulting Fee Schedule Fees to be based on actual time required to accomplish the assignment but in no case shall this component exceed $21,000 The hourly rates shall be Professional Consultants $145 per hour Data Analyst/Data Preparation $ 45 per hour Reimbursable Expenses Actual expenses incurred for the following items but in no case shall these expenses exceed $5,000 Photocopying Outgoing FAX Mileage Couner /Overnight Mad Long Distance Telephone Travel Postage $ 15 per page $ 50 per page IRS approved rate Actual Actual Actual Actual 12 J. M7 036 EL SEGUNDO CITY COUNCIL MEETING DATE: 2/7/95 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Extension of Douglas Street between Park Place and Alaska Avenue. RECOMMENDED COUNCIL ACTION: 1. Appropriate $ 60,000 from unallocated developer traffic mitigation fee contributions to fund the twenty percent (20 %) City's matching contribution to the federal funds. 2. Authorize Staff to obtain Caltrans approval to execute City - DeLeuw Cather agreement in the amount of $ 973,460 with the condition that only Phase I - Preliminary Engineering be completed for the estimated cost of $ 279,846. BRIEF SUMMARY: THIS ITEM WAS CONTINUED FROM THE 1/17/95 CITY COUNCIL MEETING. Staff Report begins on next page......... ATTACHED SUPPORTING DOCUMENTS: 1. Vicinity map. 2. Project chronology. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _Capital Improvement Budget: XX S 60.000.00 Date: 708 - 400 - 0000 -8804 Preliminary Engineering Yes XX No - 1 of 5 - AW 037 BRIEF SUMMARY: Douglas Street, south of Alaska Avenue and north of Park Place, is not contiguous and dead ends at both sides of the existing AT &SF railroad tracks. At this location, the Metropolitan Transportation Agency (MTA) has also constructed the elevated Metro Green Line Douglas Street /Rosecrans Avenue station. As the attached chronology indicates, the City in 1965 applied for a California State Public Utilities Commission (PUC) approval to extend Douglas Street to connect the two ends by means of an at -grade crossing across the railroad tracks. This and a second application in 1990 were both denied by the PUC. Both the PUC and the railroad opposed the new at -grade crossing. The PUC's position has been that new railroad crossings requested by local agencies should be accomplished by means of a grade separation structure. The City Staff then proceeded to pursue the grade separation project. In 1989, $ 900,000 of Federal Demonstration Funds were allocated for a joint project to improve the Rosecrans Avenue/ Aviation Boulevard intersection and the Douglas Street Extension Project. In July 1990, a Joint Powers Agreement was executed between the Cities of E1 Segundo, Hawthorne and Manhattan Beach, designating Hawthorne as the lead agency to implement the Rosecrans Avenue /Aviation Boulevard intersection improvement project. $ 624,000 from the $ 900,000 federal allocation has been obligated for the Rosecrans Avenue /Aviation Boulevard project and the remaining $ 276,000 federal funds are available for the Douglas Street Extension Project. In 1991, an additional $ 3.06 million of federal funds were allocated for the Douglas Street Project. Even with this additional funding, the Douglas Street Grade Separation Project was not fully funded. In 1994, Caltrans, the agency that administers federal highway funds, notified the City that the second $ 3.06 million federal funds had been 11de- allocated" by the Federal Highway Administration. At this time, Staff is not aware of any specific commitments by the Federal Highway Administration that these "de- allocated" funds will be re- appropriated for the project. As stated before, even this re- appropriation will not result in full funding for the Douglas Street Extension /Grade Separation Project. As described in Item III of this report, currently $ 276,000 of federal funds from its original $ 900,000 allocation are available for the Douglas Street Extension Project. The federal funds require a 20% matching contribution from the City. -2 of 5- 038 BRIEF SUMMARY: (continued) II OPTIONS: Following are four (4) options regarding the Douglas Street Extension Project. Option 1• The Douglas Street Extension Project could be abandoned and City resources directed to pursuing the Aviation Boulevard widening improvements between Rosecrans Avenue and Imperial Highway. These improvements envision adding one (1) traffic lane in each direction of Aviation Boulevard which will provide additional capacity to an alternate north -south transportation corridor parallel to and east of Douglas Street. The Los Angeles County Department of Public Works has agreed to perform an engineering study to widen Aviation Boulevard generally between Manhattan beach Boulevard (in Manhattan Beach) and Century Boulevard (in Los Angeles), which includes the segment of Aviation Boulevard in E1 Segundo. The County has agreed to fund the study, but currently there are no design or construction funds available for this project. It is estimated that this project could cost $ 2.5 million (within E1 Segundo City limits), excluding right - of -way costs. Option 2• The Douglas Street Extension Project could be pursued with a grade separation structure with the new roadway constructed under the Metro Green Line Station and the AT &SF railroad tracks. In the past, Staff had proceeded with this option pursuant to discussions with Caltrans and the E1 Segundo Employers Association (ESEA), since the PUC had twice denied the City's application to construct a less expensive at -grade crossing. City Staff working with Caltrans and the ESEA developed consultant selection procedures and a request for proposals for consultants. On June 16, 1992, the E1 Segundo City Council approved the draft request for proposals and authorized Staff to solicit proposals from qualified consultants. Subsequently, proposals were solicited and the firm of DeLeuw Cather (then known as Parsons De Leuw) was selected to provide professional engineering services, which included design and construction engineering. Caltrans has now approved a draft City - Consultant agreement for this project, which provides for the following consultant costs: Phase I Preliminary Engineering $ 279,846 Phase II Preliminary Design $ 290,876 Phase III Final Design $ 173,798 Pump Station Design $ 86,386 Phase IV Bidding Period Services $ 15,788 Phase V Construction Consultant Services $ 54,358 Project Management $ 72,408 TOTAL $ 973,460 It is estimated that this project could cost $ 6 million, excluding right -of -way costs. -3 of 5- 039 BRIEF SUMMARY: (continued) Lotion 3: The City could re -apply for a PUC approval to construct an at -grade crossing. The MTA has purchased the AT &SF Railroad right -of -way at this location. City Staff held some discussions with the MTA to explore the feasibility of the MTA assisting the City in obtaining the PUC approval for the City to construct an at -grade crossing which would also facilitate ground access to the Green Line Station. During these discussions, it appeared that MTA is not very receptive to assist the City in obtaining the PUC approval. Also, even with MTA's support, there is a possibility that AT &SF will object to the at -grade crossing and the PUC may deny the at -grade crossing. As noted in the report, Option 4 includes an investigation of the feasibility of constructing an at- grade crossing. It is estimated that this project could cost $ 1.2 million, excluding right -of -way costs. Option 4: This option is a combination of options 2 and 3. The City could proceed with obtaining Caltrans approval to execute the City -De Leuw Cather agreement for an estimated total cost of $ 973,460 with the provision that only Phase I - Preliminary Engineering be completed at the estimated cost of $ 279,846. Phase I will investigate the feasibility of constructing the roadway by means of an at -grade crossing over the AT &SF railroad tracks. If feasible, Phase I will also include re- applying for PUC approval of the at -grade crossing. No further consultant design effort will be authorized until this issue is finalized and City Council approval granted for further action on this project. There are currently $ 276,000 in federal funds that can be utilized for this project. (Please see Item III of report). Phase I of the City -De Leuw draft agreement is estimated to cost $ 279,846, which may be funded as follows: Federal Funds $ 223,876 * 20% City Match $ 55,970 TOTAL $ 279,846 The City match portion can be funded from available traffic mitigation fees paid to the City by Continental Development Corporation for their development at the northeast corner of Douglas Street and Rosecrans Avenue. Staff is recommending City Council approval of $ 60,000 from Developer Fee contributions. - 4 of 5 - 040 BRIEF SUMMARY: (continued) III FUNDING: 1989 Federal funds allocated for the combined project for Rosecrans/ Aviation improvements and the Douglas Street Extension Project $ 900,000 Federal funds obligated for the Rosecrans/ Aviation Improvements (- $ 624,000) currently being implemented by the City of Hawthorne as the lead agency 1991 Federal funds allocated for the Douglas Street Extension Project $3,060,000 1994 Federal funds de- allocated for the Douglas Street Extension Project (- $ 3,060,000) (Note: ESEA has informed Staff that these Federal Funds will be re- appropriated at the next Federal Highway legislation, however at this time Staff is not aware of any specific commitments) . Federal funds currently available for the Douglas Street Extension Project = $ 276,000 Note: The above federal funds require a twenty percent (20 %) local match which may be provided by soft right -of -way contributions. It is our understanding that the credit for soft right -of -way contributions will be eligLble after the project gets under construction. The City will have to front this matching contribution during the study /design phase. IV RECO)MUDATION Staff recommends that the City Council authorize Staff to proceed with Option 4. - 5 of 5 - COUNCIL.403 (1/10/95) 041 i LAJ Lth 124ST Av E —�J z cc a zI -N- g SCALEILT.S. / / P+ a J O BLV D r 40�c/ ?PPS A rI Z °> Hf O J W CC Z d J <=/1 O z 0 z AVE a \� o <(l \ \q 4 K 4 I t HAWTHC i DOUGLAS ST. EXTENSION AT & SF /METRO GREEN LINE DOUGLAS ST. a STATION CROSSING a z 042 - - CHRONOLOGY - - Prepared: 1 /10 /. Douglas Street Extension (AT &SF Railroad Crossing) Project 1965 PUC denies City's first application for an at -grade crossing to extend Douglas Street over AT &SF Railroad tracks November De Leuw Cather Consultants complete an engineering study for Douglas Street 1988 Extension which discussed at -grade crossing and grade separation options 1989 Federal Highway Act appropriates a total of $ 900,000 federal demonstration funds for the Aviation Boulevard/Rosecrans Avenue intersection improvements and the Douglas Street Extension Project Approximately $ 276,000 is remaining in these funds to finance the Douglas Street Extension Project July El Segundo City Council approves Joint Powers Agreement with the Cities of 1990 Hawthorne and Manhattan Beach, designating the City of Hawthorne as the lead agency to implement the Rosecrans Avenue /Aviation Boulevard intersection improvement project. July PUC denies City's second application for an at -grade crossing to extend Douglas 1990 Street over AT &SF Railroad tracks January Caltrans and FHWA approve categorical exclusion for the project 1991 1991 Federal Highway Act appropriates an additional $ 3,060,000 for the Douglas Street Extension Project. October Caltrans approves City's Consultant selection procedures to select Consultant 1991 to provide professional engineering services for the project June El Segundo City Council approves request for proposals from Consultants and 1992 authorizes Staff to solicit proposals from qualified Consultants November A selection panel consisting of City and Caltrans Staff and ESEA selects 1992 De Leuw Cather Company to provide professional engineering services for the project. December The Master Plan of Streets in the Circulation Element of the City's adopted General 1992 Plan includes extension of Douglas Street January Caltrans approves draft City - De Leuw Cather agreement 1994 March Caltrans notifies City Staff that FHWA has "de- allocated" the previously 1994 previously appropriated $ 3,060,000 for the project CON -403 DOU (1/10/95) 043 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: REPORTS ON COMMITTEES BOARDS, AND COMMISSIONS AGENDA DESCRIPTION: Presentation of proposed Park Vista 1995 Budget by the El Segundo Senior Citizen Housing Corporation Total Budget - $436,416 RECOMMENDED COUNCIL ACTION: Approval of revised Park Vista Proposed 1995 Budget This is a re- submittal of the 1995 Park Vista Budget, originally presented at the November 30, 1994 meeting between City Council and the Senior Housing Board The format has been changed to adhere to Council's request of the comparison style budget with projections This new format addresses major categories per Council direction and provides historical data in the areas of 1993 Actual Expenditures, 1994 Actual Expenditures for January - November, 1994 Projected Expenditures, and proposed 1995 Budget It should be noted that both in 1993 and 1994 the actual reserve allocation is less than stated in the budget when you adjust for reserve fund expenditures during those years A- Cover letter from Senior Citizen Housing Board President, Darold Verch B- Park Vista Proposed 1995 Budget, by Sensor Citizen Housing Board (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Dave Stemienski, Recreation Supervisor APPROVED BY / Jim Fauk, Recr and Parks Director James W Nssrad =7 R &P - I ATTACHMENT - "A" January 14, 1995 The Honorable Mayor and City Council of the City of El Segundo, California Dear Mayor and City Council At the point meeting of El Segundo City Council and El Segundo Senior Citizen Housing Corporation Board of Directors held on November 30, 1994, the proposed 1995 Park Vista budget was presented Several council members asked that the budget be presented in a less detailed format with 1993 and 1994 results shown for quick comparison Enclosed find that format For your information, please note a negative net result for 1993 and 1994 As you are aware, that was caused by using funds from the reserves These funds he a been budgeted yearly since completion of the building to pay for needed rairs and improvements EI Sundo Senio Darold Verch, President Board of Directors Corporation ��- 045 PARK VISTA PROPOSED 1995 BUDGET (Results of 1993 and 1994 for Comparison) 1993 OPERATING RESULTS INCOME ATTACHMENT - "B" JAN - NOV 94 ACTUAL OPERATING RESULTS JAN -DEC 94 PROJECTED OPERATING RESULTS 1995 BUDGET Rental Income 384,235 364,919 398,100 418,224 Other Income 19,701 26,494 28,884 18,192 TOTAL INCOME 403,936 391,413 426,984 436,416 EXPENSES (COMMON AREA) 21,441 18,779 20,484 19,272 Utilities 30,816 23 392 25,524 28,860 Repairs & Maintenance 9,991 15,626 17,052 19,256 COMMON AREA EXPENSES 40,807 39,018 42,576 48,116 EXPENSES (APARTMENT UNITS) Utilities 12,370 14,543 15,876 13,740 REpairs & Maintenance 6,267 9,467 10,344 12,750 APARTMENT UNIT EXPENSES 18,637 24,010 26,220 26,490 TAXES & INSURANCE 21,441 18,779 20,484 19,272 PROFESSIONAL FEES 91,501 87,453 95,412 101,556 OTHER OPERATING EXPENSES 7,246 9,155 9,972 12,060 RESERVE ALLOCATIONS 62,521 104,587 113,796 50,266 DEBT SERVICE 178,668 163,779 178,668 178,656 TOTAL EXPENSES 420,821 446,781 487,128 436,416 NET (16,885) ( 55,368) (60,144) 0 e�Q 1'- I 046 EL SEGUNDO CITY COUNCIL MEETING DATE: 2/7/95 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Oral Report by Mr. Richard Fearn, Chairperson of the Capital Improvement Program Advisory Committee ( CIPAC). RECOMMENDED COUNCIL ACTION: Discussion and possible action. BRIEF SUMMARY: The CIPAC has commenced its meetings and discussions for the development of recommendations for the fiscal years 1995 -2000 Capital Improvement Program. The Committee's recommendations will be presented for Council consideration as part of the proposed fiscal year 1995 -96 operating budget. Chairperson Richard Fearn has requested Staff to agendize an oral presentation by him to the City Council in order to receive City Council's input and suggestions for the CIPAC, relative to the Committee's work. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: _Capital Improvement Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Date: Account Number: Project Phase: Appropriation Required: Yes No ORIGINATED' p �J_n _ � Date:, Eduard Ch er Director of Public Works REVIEWE Date: James W. City Manager ACTION N: Councii1.406 047 0 0 H A O � A 0 T � T Y > J • 2 +] n C n m ■ c w 1 1 » Y Jw: ■ ] r m � 1 r S y O • 1• �"ti • p v n• M C 3i r s IQ M ♦ 1 1 r ] 6 O 1 O > vl y s ! z > m m A m a I T � 0 r V 7 n 1• Y O m 1 r 1 C••■ 1 0 r� O 1 IV • r•• 1 C� r c w L • r M 1 S9 • n • » Y•< o n w]• o 0 » w r l• M 1 • + n r -o O r • p » n 1 r » taw +c..• o• w n n r• O- I n ] C Y L] r< r s ] 1 0 0 -• 1 Y e w 1 0•» n r d r n• ►• M< A Y n O■ 1 C • Y 9 • • < n + 0 n n • 1 r V r 1 O - n • ■ + 0 0 0]• ■ w p t l w ■ • • K i S]] O• w r C • • n .7 M ] 1 M r < O • r 0 ■ r n • • l c w l r l• r 7 O 7 w Y l w C r r•• c r 7 C Y » + pnJ » 7 n o S � T i A Y r n Y M O J w m O i n i oe c n n > 7 9 O v • 1 ] O n r i 7 » i n r ■ .9 Y r • 6 -vi 0 1 A 0 » T 0 0 0 e 1 m � w •a Vol r o � Y ] O • r • C ] c C O n » 7 � • 0 1 +in o • 7 1 • • n +� + r » O O 1 n • i n 1 Y n r w : » • M + 1 ] • o M r 1 ■ • r ■ r C 9 ] V O J + I • I Y 7 ]o a• ■n t \ n r o - 0 w O y • tiT ♦• z cl am m) 6 r K O O + A n r roT I r O r c O w <e iiZ.OT i.iw + + - +o • w 0 0 2 Z e e ++ e e 0 • ] el m� - +w +N +ws+ J • - • r ) w » 1•m r • w W w n n 7 n » o • c e] m c v n s a o ilr to vyooswom on o] mmvsmom „< r zA yma o mn °ac >om TSB v Wr .�.-`l m oa mT » r� mrmrTOc • n• ro< w m y m am N T O xm m F An • • ycam ,n TesoTa 6 Y c y A c� • n c O O S O 2 r • 1 z 6 O r A a w r y i 7• m w • r s « • t < r T = O O O 2 m �l h • O A ! 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WOION- �4 +b -40o- m 0 a m P P 4 N ym z m> Z rn um rm N W rO C« > y � K = T y yr O im cc c z KO c a 0 v > > yn A m e • O \ O b u- e oc T > Sa 2> Lq az y a m• .O. mN y r A m e C I 3 N > P a b K b N b a a y A 0 T A �O r e ro e 4 b N 050 Date 01/10/95 01/15/95 01/18/95 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER Payee WBMWD Bank of America Emp Dev Dept Total by Wire 01106195 THROUGH 01/20/95 DATE OF RATIFIACTION: 02/07196 Amount 672,866 00 151,749 34 25,116 73 $849,732 07 Description Water Purchased November' 94 ABAG Lease Pymnt State Payroll Taxes P/R # 15 TOTAL PAYMENTS BY WIRE: $849,732 07 Certified as to the accuracy of the wre transfers by City Treasurer Date L % 3 C Dire( City Date I/ Z3 /5 S Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 051 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL January 9, 1995 - 7:30 P.M. CALLED TO ORDER by Mayor Jacobson at 7 30 p m. PLEDGE OF ALLEGIANCE led by Councilwoman Friedkm ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkm - Present PUBLIC COMMUNICATIONS -(Related to City Business On -5 minute limit per person, 30 minute limit total) - Four residents addressed the City Council. Bill Bue, 748 Center Street commented on how quickly the water came up and receded, pumps, and property damage. Edward Ash, 744 Center Street commented on the 1984 flood and the pumps, and questioned whether the area had ever been classified as a flood zone Mr Clemens, 740 Center Street commented on the new freeway and flooding of the sump Jane McIntosh. Center Street commented on the runoff water from the school at Oak and Center Street, and questioned whether the City could do anything about this A. SPECIAL ORDER OF BUSINESS 1 Confirmation of declaration of Existence of a Local Emergency by Director of Emergency Services caused by flooding on January 4, 1995 City Manager James Morrison presented an overview of the flood situation, and the status of the pumps and sumps throughout the City Discussion followed MOVED by Councilman Robbins, SECONDED by Councilwoman Fredkm to read resolution by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. City Manager Morrison read by title only RESOLUTION NUMBER 3903 RESOLUTION PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY (by City Council or Board of Supervisors) MOVED by Councilman Robbins, SECONDED by Mayor Jacobson to adopt Resolution 3903 proclaiming the Existence of a Local Emergency MOTION PASSED BY UNANIMOUS VOICE VOTE 510. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minutes limit total) - NONE ADJOURNMENT at 9 15 p m Lora Freeman, Deputy City Clerk 052 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL January 17, 1995 - 5:00 P.M. CALLED TO ORDER by Mayor Jacobson at 5 00 p m PLEDGE OF ALLEGIANCE led by- Mayor Pro Tem Liam Weston ROLL CALL Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Fnedkm - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) - NONE CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54950, et M) 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 Gov't Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) None CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section 54956 9(a)) 1 City of Los Angeles v City of El Segundo, Case No BC 034185 2 LAX State Variance proceedings 3 El Segundo v Stephen S Rocco d/b /a Big Brother et al, Case No YC 19865 4 El Segundo v Salvatore John Rocco, Jr, d/b /a Bitch Skateboards, Case No YC 19864 5 Summerfield tax litigation, Case No BC 106640 6 OMA v City of El Segundo, Case No BX 026465 7 Chaffin v City of El Segundo, USDC Case CV 94 -4444 AUT (BQRX) 8 Barrier v City of El Segundo, Case No YCO 19914 9 Manon v City of El Segundo, Case No BC 049301 10 Allison v City of El Segundo, Case No YCO21971 11 Harrison v City of El Segundo, Case No CV -94 -8264 DT(BQRx) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 11 potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code Section 54956 9(c) 4 matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code Sechon 54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6) None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at 6 55 p m 053 Lora Freeman, Deputy City Clerk DRAFT MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL JANUARY 17, 1995 - 7:00 P.M. CALLED TO ORDER by Mayor Jacobson at 7 00 p.m. INVOCATION given by Reverend John Svendsen, First Baptist Church. PLEDGE OF ALLEGIANCE Presentation of Colors were performed by the Girl Scout Troop No. 5, and Councilman Switz led the Pledge of Allegiance. ROLL CALL Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Friedkin PRESENTATIONS - Present - Present - Present - Present - Present 1 Presentation of Certificates of Appreciation to Residents and Girl Scout Troop No 5 for "Lighting Up The Community," annual holiday home decorations program. Mayor Jacobson presented Certificates of Appreciation to residents and Girl Scout Troop No. S. 2 Introduction of new employees* Thomas Dunham, Building Systems Mechanic Jaime Bermudez, Police Officer Stephen Leigh, Police Officer Donald Weller, Police Officer Ed Schroder, Director of Public Works, and Chief Grimmond Introduced new employees. PUBLIC COMMUNICATIONS - (Related to City Business On - 5 minute limit per person, 30 minute limit total) - One individual addressed the City Council Nancy Cobb. President of the Chamber of Commerce presented the new banners stating that there were 32 pairs to be hung on Sepulveda Boulevard by January 19 or 20 should there not be anymore storms. A. PROCEDURAL MOTIONS 1 Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Councilman Robbins; SECONDED by Councilwoman Fnedkin to approve. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. B. SPECIAL ORDERS OF BUSINESS 1. Public Meeting - Consideration of a Resolution to increase fines and fees for services at the El Segundo Public Library Fiscal Impact Estimated increase in revenue of $7,000 Public Meeting held over to February 7, 1995. 2 Public Hearing to amend the City of El Segundo's 1994 -1995 Community Development Block Grant (CDBG) Program. It is recommended that the CDBG project entitled, "Single Elderly Counseling" (D94654) be cancelled, and all unexpended funds ($10,000) from that project be transferred to the CDBG project entitled, "Senior In -Home Care" (D94657). Proposed new budget for Senior In- Home Care: $37,400 of CDBG funds. 1 City Council Meeting 054 January 17, 1995 - 7:00 p m DRAFT Mayor Jacobson stated this was the time and place hereto fixed for a public hearing to amend the City of El Segundo's 1994 -1995 Community Development Block Grant Program. It is recommended that the CDBG project entitled, "Single Elderly Counseling" be cancelled, and all unexpended funds from that project be transferred to the CDBG project entitled, "Senior In -Home Care" Proposed new budget for Senior In -Home Care $37,400 of CDBG funds, and asked if proper notice of the hearing was done in a proper and timely manner, and if any written communication had been received regarding this public hearing Deputy City Clerk Freeman responded the public hearing notice was done by Planning & Building Safety Department, and no written communications had been received Mayor Jacobson opened the public hearing for comments Hyrum Fedje, Director of Planning & Building Safety FAWANWAMWAIMAN No one wished to address the item MOVED by Councilman Switz, SECONDED by Councilman Robbins to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 510. Councilman Switz questioned what the procedure was for choosing those individuals who would get in -home care; Director Fedje responded those who request services are interviewed and if home - bound, senior, or handicap they are eligible. The decision is made by him based on guidelines provided by the CDC MOVED by Councilman Switz; SECONDED by Councilwoman Fnedkm to 1) approve cancellation of the CDBG project Single Elderly Counseling; 2) approve the transfer of $10,000 in CDBG funds from the cancelled Single Elderly Counseling Project to the Senior In -Home Care Project; 3) Authorize the Director of Planning and Building Safety to execute an agreement with the Community Development Commission (CDC) MOTION PASSED BY UNANIMOUS VOICE VOTE 510. C. UNFINISHED BUSINESS 1 Reconsideration of Examen contract requested by Councilman Robbins Councilman Robbins stated he did have a concern with wording in the contract but the City Manager had resolved that by making changes to the contract which were distributed to Councilmembers, and were available for the public to review. City Manager Morrison stated this was a statement of work which was consistent with the proposal Examen submitted to the City, but there were some provisions in this contract that are contrary to the one Examen submitted Should they not be acceptable to Examen, it would then come back before the City Council. MOVED by Councilman Robbins, SECONDED by Mayor ProTem Weston to authorize the Mayor to execute the revised Contract Number 2380 Should the contract not be acceptable to Examen, it will come back before the City Council MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 - AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Robbins and Councilwoman Friedkin. NOES: None. ABSTENTIONS: Councilman Switz. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1 Establish a date and time for a Joint Meeting with the Planning Commission City Council consensus to schedule the Joint Planning Commission meeting for February 16, 1995 at 7:00 p.m. In the Public Library Matsui Room. 2 Request City Council to schedule interviews for applicants to (1) Capital Improvement Program Advisory Committee; (2) Senior Housing Corporation Board of Directors; and extend the recruitment deadline for applicants to the Wall of Honor Committee. 2 City Council Meeting (15 5 January 17, 1995 - 7:00 p m DRAFT City Council consensus to schedule interviews for the Capital Improvement Program Advisory Committee and Senior Housing Board for January 30, 1995 at 7:00 p.m. in the West Conference Room, and to extend the Wall of Honor deadline and readvertise for applicants. 3. South Bay City's Association Mayor ProTem Weston stated as a delegate to the SBCA which represents all of the South Bay Cities, he wanted to encourage the Council to read and comment on SBCAs presentation on alternative fuels sent to all council's in the South Bay Also stating that Councilwoman Fnedkin had been nominated as one of the two candidates for representative to the SCAG Board, and each councilmember has a vote which gives the city an opportunity to put a representative on SCAG Councilman Robbins questioned whether it would be a NANNIMASM saw ofanterest should three or more counalmembers attend the meetin , Ci Attorney Cremms responded there would not be any lf<% because they would be acting as individuals when attending the meeting, and as long as they do not discuss it among themselves, then the course of action would be no violation of the Brown Act. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 1 Warrant Numbers 216060- 216208 on Demand Register Summary Number 24 in total amount of $484,338 59 Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 2. Warrant Numbers 216209- 216459 on Demand Register Summary Number 25 in total amount of $655,482.29. Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements andlor adjustments. 3 Warrant Numbers 216460- 216569 on Demand Register Summary Number 26 in total amount of $89,186.96 Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments. 4. Warrant Numbers 216570 - 216694 on Demand Register Summary Number 27 in total amount of $668,398.90 and Wire Transfers in the amount of $1,040,205.95. Approved Warrant Demand Register and Authorize staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and w1re transfers from 12/09/94 to 01105195. 5. CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 6 CALLED FOR DISCUSSION BY COUNCILMAN SWITZ 7 CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS 8 Proposed Finance Department reorganization abolishing the two position job classification of Financial Services Manager and establishing the single position job classifications of Assistant Finance Director and Accountant. Fiscal Impact: Reorganization results in a cost savings of $16,000 - $20,000 on an annual basis. 1) Approved the proposed reorganization, class specifications and salary ranges; 2) Adopted Resolution Number 3904 to establish a salary range for the job classification of Assistant Finance Director, and 3905 to establish a salary range for the job classification of Accountant; and 3) Authorize the Human Resources Department to initiate the respective recruitment, testing and selection processes. 3 City Council Meeting January 17, 1995 - 7:00 p in 056 DRAFT CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS. 10 Discussion regarding hiring Telecommunication Management Corporation to conduct an audit of Paragon Cable to determine accuracy of Franchise Fees paid to the City of El Segundo. Fiscal impact: $2,200 (item to be included in account #2501 -6214, Finance - Professional/Technical services) Approved request to hire Telecommunication Management Corporation to audit Paragon Cable. 11. Water Sealing of the Maintenance Facility. Project No. PW 94 -8 (Final contract amount - $25,000.00) Accepted work as complete, and authorized City Clerk to file the City Engineer's Notice of Completion with the Los Angeles County Recorder's Office. 12, CALLED FOR DISCUSSION BY COUNCILMAN ROBBINS. MOVED by Councilman Switz, SECONDED by Councilman Robbins to approve Consent Agenda Item Numbers 1,2,3,4,8,9,10 and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE 510. CALLED ITEMS FROM CONSENT AGENDA 5 City Council meeting minutes of December 20, 1994. Councilman Robbins requested correction be made to Page 3 of the 7.00 p.m. minutes to the motion for Item Number 5 which should state "to discuss and take possible action on the two items requested ". MOVED by Councilman Robbins, SECONDED by Councilman Switz to approve the December 20, 1994 City Council minutes with the correction to Page 3 of the 7:00 p.m minutes under Item Number 5 which should state "to discuss and take possible action on the two items requested ". MOTION PASSED BY UNANIMOUS VOICE VOTE 510. 6 Report of acceptance by the El Segundo Unified School District of an Amendment to the Restated Joint Use Agreement, dated November 15, 1994. Councilman Switz stated he was not in favor of the amendment to the joint use agreement because he wanted to complete the contract within five years not seven, and felt strongly that future Council's should not be committed to a business agreement such as this current one with the School District. MOVED Councilman Robbins; SECONDED by Councilwoman Friedkin to approve agreement made between the City and School District. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 - AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Robbins and Councilwoman Frledkin. NOES: Councilman Switz. 7. Modification of dates in Lease, dated September 20, 1994, of City owned parcel at El Segundo Boulevard and Sepulveda for parking purposes. City Council Meeting January 17, 1995 - 7 00 p.m 057 DRAFT Councilman Robbins questioned City Attorney Cremins whether he had a conflict of interest; City Attorney Cremms responded there was none because there would be minimal to no financial impact on 80he employer by this lease. MOVED by Councilman Robbins; SECONDED by Councilwoman Fnedkin to approve amendment to Contract Number 2363, and to authorize the Mayor to execute same on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 510. Donation of $2,500 from the Chevron Companies, Chevron USA, Inc, donation of $400 from Continental Development Corporation and donation of $300 from Northrop Grumman Aircraft for refurbishment of the Teen Center Councilman Robbins gave recognition to those companies and members of the Recreation and Parks Commission who hailed to solicit those donations. Mayor Jacobson concurred stating that the City would definitely be sending letters, and they had already done a lot on the teen center and it looked great. MOVED by Councilman Robbins, SECONDED by Councilwoman Fnedkin to accept donations MOTION PASSED BY UNANIMOUS VOICE VOTE 5 10. 12. 1) Adopt Plans and Specifications No. PW 94-13 for Maple Avenue Street Improvements west of Hdlcrest Street (estimated cost - $17,000.00) 2) Authorize Staff to advertise for bids City Manager Morrison did not participate on this item due to possible conflict of interest. Councilman Robbins stated considering the recent storms the City has had significant dollar amounts of damage which would require funding. He questioned whether the City wanted to repnoritize Its prienties or move forward with this item; Councilwoman Fnedkin stated she had phone calls regarding this item from people who felt the cost was high and wondered why staff could not do this at a later date at a lesser cost Ed Schroder, Director of Public Works, stated this was being funded through gas tax which could only be spent on work within the public right -of -way so the improvement in the streets comes out of a fund that is set aside for these types of improvements as opposed to general fund expenditures which compete with other expenditures through the City. Presently, staff peFfeFms asphalt weFk but was not pFeseRtly set up to de eenGrete men area that is spasialized MOVED by Councilman Switz; SECONDED by Councilman Robbins to adopt Plans and Specifications, and to authorize staff to advertise for bids. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. F. NEW BUSINESS - CITY MANAGER 1. Extension of Douglas Street between Park Place and Alaska Avenue. Mayor Jacobson and Councilman Robbins did not participate on this item due to potential conflict of interest. Beliur Devaral, City Engineer, presented a overview of the project with the City's options. Discussion followed. Mayor ProTem Weston and Councilwoman Fnedkin stated a desire to take no action at this time which would give them the opportunity to review the options and tour the area; Councilman Switz had no problem with deferring the item for two weeks. Council consensus to take no action and defer the Rom until February 7, 1995. (Mayor Jacobson and Councilman Robbins did not participate on this Item) 2. Report on the impact of recent storms in the City of El Segundo City Council Meeting January 17, 1995 - 7.00 p.m. 058 DRAFT Councilman Switz questioned whether he had a conflict of interest, City Attorney Cremms responded this was an issue which fell into the public generally exception because the pervasiveness of the effect on residents in the City and therefore his participation was not a conflict of interest. Public Works Director Schroder presented an update report on the impact of the recent storms, and stated staff was requesting a $300,000 appropriation to the supplemental storm drain budget. Discussion followed. City Attorney Cremins stated Being this was an item on information on the event that occurred, and because of potential claims against the City related to this, he felt they should just keep on providing information on what the circumstances were appeWed there had haAR romp changes WhIGh Fnay hays GGAtSbuted to the Staff to prepare a plan for future unexpected events, and the Capital Improvement Program Advisory Committee to look at the problem flooding areas MOVED by Councilwoman Friedkin; SECONDED by Councilman Robbins to appropriate $300,000 from unappropriated funds to the Supplemental Storm Drain budget. MOTION PASSED BY UNANIMOUS VOICE VOTE 510. RECESS at 9 05 p m RECONVENED at 9.15 p m ROLL CALL All Councdmembers present. Mayor Jacobson asked the two individuals who had wanted to address the item discussed prior to the recess to come to the podium to speak. Business Owner. Franklin and Sierra Street. and Mike Levine, Business Owner at 141 Sierra Street addressed concerns regarding the flood and storm drain problems, and questioned what was being done by the City regarding the situation City Manager Morrison responded there was presently $4.5 million dollars of City funds budgeted for this, and the City was currently under negotiations with LA County Flood Control District to have them take over the design and constructions management of that project The design will take approximately one year and construction approximately a year and a half, and they anticipate going through this season and maybe one more before that drain being actually in operation Approve the request for the El Segundo Police and Fire Departments to begin development of a public safety communications center. Police Chief Grimmond presented a report for development of a public safety communications center. 6 City Council Meeting 059 January 17, 1995 - 7:00 p m DRAFT 116Ghmeal individuals vAe would be on Gall ihFaugh the couFse of the pizejeet-. be- spent by June Mayor Jacobson suggested when staff returns in June, they have a workshop on the findings and different paths to go; Chief Grimmond stated staff would be keeping the Council apprised of their developments all of the way through it MOVED by Councilman Switz; SECONDED by Councilwoman Fnedkin to approve the project in concept, agree to enter into a sole source design and development agreement with the Aerospace Corporation at a cost not to exceed $90,000.00, authorize staff to approach the City of Hermosa Beach regarding the proposal and to authorize architectural design to remodel the existing police communications center Appoint Mayor Jacobson as Council designee to be involved with the proposed project, and agendize a workshop in June 1995. Councilman Robbins called for discussion stating he preferred to delay the project for two weeks Mayor Jacobson called the question: MOTION PASSED BY UNANIMOUS VOICE VOTE 510. RECESS at 10.00 p m RECONVENED at 10 15 p m. ROLL CALL All Councilmembers present G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER Discussion and possible action on the purchase of a notebook computer for the City Treasurer's office, and request that Council appropriate approximately $2,200 for said equipment purchase. Susan Schofield, City Treasurer, presented a report requesting them to appropriate approximately $2,200 for said computer equipment purchase Qty's Odle funds. Gumently it is at appFoximately $40 mailmen dellaFs in GFd9F tG d-enved- like this wheFe you G8A then GaFFy OR SOFAS Of YGUF FOSPOAsibilities ;AAAA MOVED by Councilman Switz to approve. Motion died due to lack of second Discussion ensued amongst Councilmembers after which Councilman Switz asked if there was a second to his motion- Mayor Jacobson responded there was not second. Mayei: PFeTem Weston questioned- if the item 4.vas budgeted, City TFeaSUFe GGI-IRri'MAR Robbins questioned of that Offine, had- NAVe compuiers, and if the Gity's 1196dy OF daily when a-he is Rot Iceated in eity hall City Council Meeting 061 January 17, 1995 - 7.00 p m DRAFT J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin She was very happy to see standing room only here in the Council Chambers, and was sorry about some of the reasons some were here, however, she hoped they would continue to come back. Councilman Robbins Wished everyone a happy and prosperous New Year. WA, the recent storm was a character building experience for the community, and hoped those impacted will recover quickly. Councilman Switz 1. Presentation of alternative approaches regarding the residential sound insulation program. Councilman Switz gave a slide presentation of alternative approaches regarding the residential sound insulation program stating he, Mayor Jacobson, and Harvey Holden met with Congresswoman Harman and established a plan of action with her which he was not free to discuss the details this evening but felt stood a good change in giving the City a chance on getting back on the original plan working with the DOA without easements. Congresswoman Hannan supports and wants to help the City In the event this approach doesn't work, he felt they need to start talking about some of those alternatives mentioned this evening Receive and file pending outcome of Congresswoman Harman meeting. Mayor Pro Tern Weston 1 Discussion of base closures and potential impact on City of El Segundo Mayor ProTem Weston announced a meeting tomorrow morning at 8 00 a.m. in city hall where there will be discussions with individuals regarding the Air Force Base retention He also commented on South Bay Cities Association Plan on alternative fuel use, and asked to agendize this for a future date Mayor Jacobson - NONE 9 City Council Meeting January 17, 1995 - 7.00 p m. 062 DRAFT PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Eamie Bowdre. 627 W Acacia addressed the residential sound insulation program MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNMENT at 11.15 p.m to January 19, 1995 at 7.00 p.m. Lora Freeman, Deputy City Clerk 10 City Council Meeting r January 17, 1995 - 7.00 p.m. DRAFT MINUTES OF THE JOINT MEETING OF THE ADJOURNED EL SEGUNDO CITY COUNCIL AND SPECIAL MEETING OF THE EL SEGUNDO RECREATION AND PARKS COMMISSION JANUARY 19, 1995 - 7:00 P.M. EL SEGUNDO LIBRARY, MATSUI ROOM CALLED TO ORDER by Mayor Jacobson and Vice - Chairman Mora at 7 00 p m PLEDGE OF ALLEGIANCE led by Chairman ProTem Mora ROLL CALL City Council Mayor Jacobson Mayor ProTem Weston Councilman Switz Councilman Robbins Councilwoman Friedkm - Present - Present - Present - Present - Present Recreation $ Parks Commission Chairman McCaverty - Absent Chairman ProTem Mora Present Commissioner Bundy - Present Commissioner Randall - Present Commissioner Croxall - Preeent PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) - NONE A. SPECIAL ORDERS OF BUSINESS - 1. ROUND TABLE DISCUSSION A. GENERAL DISCUSSION COUNCIL DIRECTION /COMMISSION'S ROLE. 1) RECREATION PROGRAMS. 2) PARK DEVELOPMENT. 3) GOLF COURSE OPERATIONS. B. COMMISSION RELATIONSHIP WITH CITY COUNCIL 1) ADVISORY TO CITY COUNCIL. 2) COMMUNICATION MEMBER TO MEMBER. 3) MAKE PRESENTATIONS TO COUNCIL 4) RESPOND TO ITEMS REFERRED TO COMMISSION BY CITY COUNCIL C. COMMISSION'S ROLE WITH RECREATION AND PARKS DEPARTMENT. 1) EVALUATE REQUESTS FROM INDIVIDUALS AND COMMUNITY OF A RECREATION NATURE. 2) COMMUNICATE TO DEPARTMENT PUBLIC'S VIEWS OF PROGRAMS AND OPERATIONS. 3) ADVISE DEPARTMENT ON ITEMS OF RECREATION AND PARKS NATURE. 4) MAKE RECOMMENDATIONS TO CITY COUNCIL ON SPECIFIC AREAS AS REQUESTED BY CITY COUNCIL 5) SERVE AS A BUFFER FOR STAFF IN MAKING DECISIONS ON POTENTIAL AREAS OF CONCERN. 6) MONITOR RECREATION AND PARKS DEPARTMENT PROGRAMS. D. COMMUNICATION WITH CITY COUNCIL 1) REQUEST DIRECTION FROM CITY COUNCIL WHEN NEEDED. 2) ESTABLISH ANNUAL JOINT MEETING WITH CITY COUNCIL. 3) OTHER GENERAL DISCUSSION OF SERVICES PROVIDED BY RECREATION AND PARKS DEPARTMENT. 1 DRAFT General discussion ensued regarding the management of the golf course, restaurant signage and menu, annual management evaluation and procedure, tree damage removal on the golf course range, roller- hockey rink, and reservations for recreation activities City Manager Morrison stated he was considering asking the Capital Improvement Program Advisory Committee for other methods for long -term issues No action taken by the City Council or Recreation and Parks Commission. PUBLIC COMMUNICATIONS - (Related to City Business On - 5 minute limit) - NONE ADJOURNMENTat 8 40 p m Mayor Jacobson to January 30, 1995 5 p m, and by Chairman ProTem Mora Lora Freeman, Deputy City Clerk 065 ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL - JANUARY 30, 1995 - 7:00 P.M. CITY COUNCIL CHAMBER, CITY HALL CALL TO ORDER - Mayor ProTem Weston at 7:00 P.M. PLEDGE OF ALLEGIANCE - Councilwoman Friedkin ROLL CALL - Mayor Jacobson - Present Mayor ProTem Weston - Present Councilman Switz - Present Councilman Robbins - Present Councilwoman Friedkin - Present PUBLIC COMMUNICATIONS - (Related to City Business - 5 minutes limit per person, 30 minute limit total) No individuals addressed Council A. SPECIAL ORDERS OF BUSINESS - 1. Interview applicants for the vacant positions on the Capital Improvement Program Advisory Committee, and the E1 Segundo Senior Citizen Housing Corporation Board. MOVED by Councilwoman Friedkin SECONDED by Councilman Switz to have discussion and possible action on a closed session item regarding Hyperion, that arose after the posting of the Agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CLOSED SESSION - 7 :30 P.M. (City Attorney was available on conference call line) The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et sea.) 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. A. SPECIAL ORDERS OF BUSINESS - (CONTINUED) - 7:50 P.M. 1. Interview applicants for the vacant positions on the Capital Improvement Program Advisory Committee, and the E1 Segundo Senior Citizen Housing Corporation Board. Council consensus to reappoint Eugene Gillingham to a full term to expire 12/98 on the Capital Improvement Program Advisory Committee. Council consensus to appoint Kathy Winette Urban to an unexpired term to expire 6/30/97 on the Senior Housing Board MOVED by Councilman Switz SECONDED by Councilwoman Friedkin to approve the MOU with the Hyperian and authorized the Mayor to execute. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 ADJOURNMENT 9:30 P.M.to February 7, 1995 at 5:00 P.M. Cindy Mortesen, City Clerk 066 EL SEGUNDO CITY COUNCIL MEETING DATE: 2/7/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A Resolution of the City Council of the City of E1 Segundo, California, prohibiting parking of vehicles six (6) feet or more in height on the northside of Sycamore Avenue, one - hundred seventy (170) feet west of Sepulveda Boulevard RECOMMENDED COUNCIL ACTION: Adopt Resolution. BRIEF SUMMARY: During the last year, several concerns have been received regarding parking of commercial vehicles along Sycamore Avenue, west of Sepulveda Boulevard. The primary concern is that oftentimes commercial vehicles are parked on both sides of the narrow street (34 feet - curb to curb width) resulting in reduced sight distance and clear roadway width for two -way vehicular traffic. On 6/21/94, the City Council discussed the matter and accepted the Staff recommendation to retain the existing parking conditions. Staff's recommendation was based on assurances from the Travelodge Motel's (then LAX Motel) management that it would ensure that commercial vehicles belonging to its patrons would park on only one (1) side of Sycamore Avenue. It appears that the Motel has not had much success in dealing with the problem. To correct this problem staff is recommending prohibiting parking of vehicles six (6) feet or more in height on the northside of Sycamore Avenue for a distance of one - hundred seventy (170) feet west of Sepulevda Boulevard. The authority for the City Council to impose this restriction is provided in Section 22507 of the State Vehicle Code. The net change resulting from this action will be the loss of three (3) parking spaces to large vehicles. Vehicles under six (6) feet will still be able to occupy the spaces. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution for adoption. 2. State Vehicle Code Section 22507. 3. Vicinity map. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _Capital Improvement Budget: Yes No Date: 067 213 236 2700 1/95 15 49 213 236 2700 BW &S LA ,11in ld%1176 CITY OF E1 SEGUNDD + 9WS RE®OLUTIom pro. 394s A RESOLUTION OF TEE CITY CO=CIL OF TEAT C;TV OF SL SUGUMO, CALIP6RNZA, PROEI1:ITxMA PARRIYG OF WIM CLES szz (6) FEET OR 19ORS Xy MGM on S" NMT1RSIDN alp SYCANORE AVBNMP CARE -RIM Man SEVENTY (176) FEET U25T of sEPVLVRbk SOULVVIMD 16 002 NO, 239 Pooa WMUMZka, the State of California Vehicle Code section 22507 provides authority for the City Council to prohibit parking or vehicles six (6) feet or more in height on certain streets or highways, by adoption of a resolution; The City Council of the City or El Segundo, California, does r*solve as follows! EECTi0X 1. Parxing of vehicles six (6) fact or more in height on the northside of Sycamore Avenue, orie-hundred seventy (170) feet West of Sepulveda Boulevard, is hereby prohibited. EAAOTIOM 2. The city Clerk shall certify to the passage and adoption of this resolution; snail enter the 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 prooaadingo )f the City Council or said C14y, in the minutes or the mooting at Which the same is passed and adopted. PASSED, APPROVED AM ADOPTED this 7th day of February, 1005. Carl Jacobson, Mayor of the City of E1 aegundo, California AevROVEDDAA,S TO -FORK city Atfo rnu` y ATTEST: Cindy Martesen city Clerk (sue) PARA]nGASO (1/30195) 4 • '' Local ReguWons 22607. Local authorities may, by ordinance or resolution. 'prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles which are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. 1U ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit ar permits which exempt them from the prohibition or restriction of the ordinance or resolution. With the exception of alleys, no such ordinance or resolution shall apply unt>7 signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions which are reasonable and necessary to ensure the effectiveness of a preferential parking program. . - Amended Ch. 1070, Stata. 1969. EfPedive September 20. IOU Amended Ch. 541, State. 1969. Elective November 10, 1969. Amended Ch. 1102. State. 1978. EfrwtNe January 1, 1977. Amended Ch. 140, State. 1980. Effective January 1. 198L Amended Ch. 181; Stata. 1954. Effective January 1. 1986. Amended CL. 912, Ste& 1985. Effective January 1. 1988 Amended Ch. 455. Stats. 1987. Eff"vs January 1. 198& 1.' W j G A -19 V0-jA-10J]S W a LL ui cca C �o CA ~ cc - W C0 L d u N N 1a1 �JNAi7JHd 71 N 1�}'� jJHlry'�� "C31 Nya 1 3 _ m IN N 0 1 ► } dnt eN0 a F 3 \ \ oWC n ? +I p4Z—Z-4 a N (c W C0 L d u N N 1a1 �JNAi7JHd 71 N 1�}'� jJHlry'�� "C31 Nya 1 3 _ m IN N 0 oL �C �3 070 1 ► } dnt eN0 vo F oL �C �3 070 EL SEGUNDO CITY COUNCIL MEETING DATE: 2/7/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Installation of Landscape and Irrigation for the Hyperion Treatment Plant Landscape Buffer, Specifications No. PW 94 -12 (contract amount - $ 106,000.00). RECOMMENDED COUNCIL ACTION: 1. waive minor irregularities of the low bid package, and award contract to the lowest responsible bidder, Landforms Landscape Construction, in the amount of $ 106,000.00. 2. Direct Staff to prepare the necessary standard public works contract and authorize the Mayor to sign after approvals as to form by the City Attorney. BRIEF SUMMARY: The City Council on 12/20/94 adopted plans and specifications for the subject project and authorized receipt of construction bids. At 11:00 am on 1/24/95, the City Clerk received and opened seventeen (17) bids. Landforms Landscape Construction was the apparent low bidder for the bid amount of $ 106,000.00. After the bid opening, the following irregularities were noted: 1. Two (2) documents "Non- Collusion Affidavit" (Page I -C -8) and "Equals" (Page I -C -11) were submitted without the bidder's signature. The Non - Collusion Affidavit is a certification by the bidder that there was no collusion with other parties regarding the submitted bid. The "Equals" sheet is the bidder's certification regarding any substitution of materials in lieu of the materials specified in the contract documents. Both these documents do not impact the bid price and are standard public works contract bid submittals. Since the bid opening, the low bidder has submitted the signed documents. continued in next page... ATTACHED SUPPORTING DOCUMENTS: 1. Bid results. 2. Low bidder's letter regarding the bid clerical errors. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: N/A Capital Improvement Budget: N/A S 106,000.00 S 200,000.00 S 190,700.00 Date: 1/25/95 117 - 400 - 0000 -6206 Yes No XX ORIGINATED: Date //3 / /� Eduard Sc od r Director of Public Wor s REVIEWED Date: 2 -1--^ - 1 of 2 - Counci1.408 071 BRIEF SUMMARY: (continued) The Bid Proposal included several items for which bidders were required to submit unit prices with an extended total bid price for the particular item based on quantities. The apparent low bidder had submitted total extended bid prices in both spaces designated for unit prices and extended prices. The low bidder has verified that this was an inadvertent clerical error and has submitted the unit prices since the bid opening. This clerical error does not change the total contract bid amount. Staff has reviewed the matter with the City Attorney and recommends that the City Council waive the above bid clerical errors as minor irregularities and to accept the documents submitted by the low bidder since the bid opening. Staff has contacted the low bidder's references and received favorable responses indicating that the low bidder has satisfactorily completed landscaping projects of similar magnitude for both private and public agencies. It is recommended that the City Council award the contract to the low bidder, Landforms Landscape Construction. - 2 of 2 - COUNCIL.408 (2/7/95) 072 CITY OF EL SEGUNDO BID NUMBER: PW 94 -12 TITLE OF BID: Installation of Landscape and Irrigation for the Hyperion Treatment Plant Landscape Buffer BID DATE: January 24, 1995 (opening) BID TIME: 11:00 am (opening) LIST OF BIDS RECEIVED NAME OF COMPANY SUBMITTING BID $ BID AMOUNT Landforms Landscape Construction $ 106,000.00 Low Bidder Green Coast $ 118,750.00 Emerald Landscape Services $ 124,644.00 American Landscape Companies $ 135,000.00 EST Associates Inc. $ 146,729.93 Ecology Construction Inc. $ 148,033.50 Landscape Engineering Inc. $ 149,491.48 Tapuz Enterprises Inc. dba Gali Landscaping & Maintenance $ 150,750.00 DJ Construction $ 171,457.00 Marina $ 174,822.00 Thomsen Landscape $ 180,614.00 Nature Tech Landscaping, Inc. $ 185,146.00 Bo ark Enterprises Inc. $ 189,136.00 Sunrise Landscape Co., Inc. $ 189,937.69 Warren's Turf $ 193,000.00 No Bid Bond Ryco Construction Inc. $ 220,561.00 Bennett Enterprises $ 223,432.00 CON -408 BUD (1/26/95) 073 RECEIVED JAN 2 7 1995 dForms ENGINEERWO ape Construction Public Works Department 350 Main Street El Segundo, CA. Attn: City Engineer Reference: Hyperion Treatment Plant - Specification #PW -94 -12 Gentlemen: Enclosed are the 'signed' copies of sheet, I -C -8 and I -C -11, the Non - Collusion Affidavit and the Material Equals sheets as per the contract documents. Our original copies were inadvertently en- closed without the proper signature. Also enclosed are Item numbers 3 -14 and 18 of Section I -C -3 pages 2 -7 and 9 of 10 of the Bid Schedule, which also were originally submitted inaccurately due to a clerical error. Please note that all lump sum and overall bid totals remain unchanged In clos- ing, our firm is requesting that these irregularities be waived by the City and that these contract contract documents be deemed acceptable. If you have any firrther questions regarding this matter please feel free to contact our office at your earliest convenience. Respectfidly, Jeff Traq/Pres 23011 Moulton Parkway Sulfa D -1 Laguna Hills California 92663 (714) 472 -4002 FAX (714) 472 -4886 Q a� 4. EL SEGUNDO CITY COUNCIL MEETING DATE: 2/7/95 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A Resolution of the City Council of the City of E1 Segundo, California, authorizing the submittal of an application to the California Integrated Waste Management Board for a 1994 -95 Use Oil Recycling Block Grant. RECOMMENDED COUNCIL ACTION: Adopt Resolution. BRIEF SUMMARY: The State has a grant program aimed at the establishment of certified used oil recycling centers. The grant will fund all the work necessary to contact existing businesses which are suitable for recycling centers (usually service stations) and helping them obtain the necessary approvals to become a certified oil recycling facility. The goal of the program is to decrease the amount of used oil which is illegally dumped by providing a number of convenient centers which will accept the oil at no charge. This grant was brought to the City's attention by Americlean Environmental Services, Inc. They submitted a proposal outlining a program consistent with the 1994/95 Used Oil Recycling Block Grant - Third Cycle. They have successfully implemented the same program in several other cities in the area. Funding requested from the State is as follows: Consultant's Services - $ 3,894.10 City Staff Oversight - $ 1,020.00 I£ approved, the program will be 100% funded by the Block Grant with no funding required by the City. The accompanying resolution authorizing the submittal of the grant designates the Public Works Director as the City's authorized contact person. ATTACHED SUPPORTING DOCUMENTS: 1. Copy of Grant Application. 2. Resolution. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _Capital Improvement Budget: Date: Yes No XX ORIGINATED:.,� � � Datd! e/j: P hlin wnrkc RrnarA of f Counci1.409 0 "5 LOCAL GOVERNMENT USED OIL THIRD CYCLE BLOCK GRANTS AN APPLICATION FROM: CITY OF EL SEGUNDO Public WotbDgtl=ot 350 Main street El Segaodo, CA 90245 -0999 Tel: (310) 322.3769 Key Contact Jack Hilton December 15,1994 .Prepared by Americlean Environmental Services, Inc. 4105 E BroadmW, Pentbouce Suite Long Bemb, C"rnia 90903 076 stew of Oweami■ cat&o tNeaatad Waw Mmagwnmt Board APPLICATION COVER SHEET 199411995 USED OIL RECYCLING BLOCK GRANT -THIRD CYCLE City of E-I Segundo Name of Applicant Street Address City ZIP Ed Schroder Director of Public Works (310) 3ZZ -4670 Name of Program Director Title Phones Steve Klotzsche Finance Director (310) 322.4670 Name of Finance Officer Title Phone Jack Hilton General Services Director (310) 322 -3769 Name of Grant Administrator Title Phone (3101414 -0911 Grant Administrator Fax Number Program Summary Description (1-4 sentences)- Develop Certified Recycling Center (CRC) CRC Site Training and Monitoring Program Implement Public Education Program Total Grant Request: "914.10 I declare, under penalty of perjury, that all information submitted for the Board's consideration for allocation of grantsfunds Is true and accurate to the best of my knowledge and belief. _ Signature of Person Who Will Be Authonzed by Resolution or Letter of Authorization Ed Schroder Director of Public Works Print name and title of signatwe 4utlturity 077 II. TABLE OF CONTENTS Sechon Item page I. Application Cover Sheet (Exhibit A) 2 H. Table of Contents 3 III. Grant Proposal 4 IV. Eligibility Summary g V Work Statement 9 VI Work Statement (Exhibit B) 10 VII. Budget Summary (Exhibit C) 1 l VIII Itemization of Expenses (Exhibit D) 12 TX Approved Resolution/Letter of Authorization 13 Page No. 3 078 III. GRANT PROPOSAL A. INTRODUCTION The City of El Segundo, with the assistance of Amenclean Environmental Services, Inc (AES), is pleased to submit this 1994/95 Third Cycle Used Uil block Grant Proposal and program overview to the CIWMR The City's intent is to initiate efforts to recycle used motor oil and filters, reduce contamination with respect to used oil and reduce the City's potential liability under CERCLA. The program, to be conducted jointly by the City and AES, will consist of developing a rimed recycling center, implementing a public education and awareness program, developing a program to aesise conttnerciallindustrial generators become registered with the State, implementing a CRC training and monitoring program, as well as a regional outreach program with other jurisdictions regarding uscd oil recycling Consistent with the requirements of the Third Cycle Block Grant, these programs are as follows. Task I Develop Certified Recycling Center Task H Site Training and Monitoring Program Task III Implement Education and Public Awareness Program These program tasks will form the core of the City of El Segundo's Used Oil Recycling Program B. BACKGROUND AND DEMOGRAPMCS The City of El Segundo is a small residential community that is home to many of the nation's corporate giants. A unique working relationship exists between the business and residential sectors of the City Residents themselves are actively involved in most aspects of the City through volunteerism The resulting sense of community creates a "hometown" atmosphere and provides resources unavailable in most other municipalities. L POPULATION The U S Department of Commerce reported the City of EI Segundo's population in 1990 as 15,223 Because of limited available land, this population is not expected to prow significantly in the future Because of worker influx to area businesses, the daytime population increases to over 100,000 people if. HOUSING According to State Department of Finance estimates, El Segundo's population housing estimates and dwelling unit statistics are stated on the following page Pane No. 4 079 Multi- Family Total Housing iii. ZON71NG 3,428 (472%) 3,831 (52,8 %) 7,259 (100%) El Segundo is an incorporated City located in southwest Los Angeles County, adjacent to the City of Los Angelea International Airport. The City encompasses 5.5 square miles, with 71 '1 °/6 7nned for manufacturing and other industrial use; 12 7% zoned for public facilities, commercial, and light agricultural uses; and 169/6 zoned fbr housing The City is bordered by dic Coves of Los Angeles, Manhattan Beach and Hawthorne. IV. 1~' X19UNG PROGRAMS 1 he City of El Segundo has no existing used oil recycling programs in -place at this time There are no Certified Recycling Centers witlun the City and no curbside collection The City has not participated in previous grant cycles with the CIWME C. PROGRAM GOALS AND DESCRIPTION The City of El Segundo proposes to provide program management, monitoring, technical expertise, education and public awareness to promote used oil recycling. The City's used oil program will focus on establishing a minimum of one (1) Certified Recycling Center within the City. The City will publicize the availability of this facility, as well as educate the public regarding the need for used oil recycling. The goal of the program will be to ninki: wed oil recycling services available to all residents of the City as quickly as possible Task I Develop Certified Recycling Center The City and its Consultant will identify and assist a minimum of I (one) site to become a State Certified Recycling Center within 90 days of beginning this project. This center will be located as conveniently as possible to serve the greatest percentage of the population of the City. Task H Site Training and Monitoring Program The site training and monitoring program will be designed to ensure that the CRC developed in conjunction with Task I operates smoothly, efficiently and in an environmentally responsible manner Since most o£the five potential sites already identified are gasoline service stations, which have traditionally high turnover rates, the City and its Consultant will develop a CRC operations manual This manual will detail specifically. CRC operations, how to document nperatione and maintain recnrdq, how to fill out monthly reports, Page No 5 p�n 1 • how to respond to problems or emergency situations, and • who to call for further information or assistance This task will also include a routine monitoring piugtaim consisting of two elements. rouuno monthly reporting by the CRC and a quarterly site inspection The monthly reporting element of the monitoring program will require that the CRC complete and submit monthly reports to the City detailing: • how much oil was collected and rwyt,lcd, • number of residents served, • profile of who is using the CRC (how old, maleifemale, area of the City they live in, etc ), and • any problems encountered The City will maintain and summarize these reports as part of its quarterly invoice and report to the CIWMB. The quarterly inspection element will require that the City or its Consultant conduct unannounced visits on a quarterly basis to the site to make sure the CRC is operating as intended The site visits will be used to identify any problems with site access, operations, housekeeping or maintenance The City or its Consultant will work with the CRC operator to correct any problems The periodic visits will also be used to identify any potential generator subgroups where the City may want to focus additional effort Task III Implement Education and Public Awareness Program The City's education and public awareness program will consist of developing and placing educational and promotional brochures at various point -of -sale locations throughout the City If funding is sufficient, additional brochures will be distributed to other locations such as high schools, lube and tune shops, etc The brochure will provide a brief description of why recycling used oil is important as well as advertising the location and hours of operation of the CRC In addition, the City will place articles, notices and reminders in its publications such as puhhc announcements and notices, etc. The City will also work with the local community newspaper to get articles printed that explain the why, how and where of used Oil recycling within El Segundo All education and public awareness materials will contain appropriate acknowledgment of the C1WIvIB and the Block Gant Program If supplemental funding is secured, the City may conduct periodic education and public awareness events in conjunction with existing public events such as Earth Day, the Fourth of July, Labor Day and New Years These events will serve as a forum for educating the public and encouraging the recycling of used cal The City will actively seek private sector partners to sponsor these types of events Page No 6 081 ID. PtmDING Soulcc:r a The City has identified only one highly probable source of funding for the program components, the CMNS Block Grant The City and its Consultant will also pursue other sources of funding, including private sector donations, program and/or event sponsors, conducting for -profit activities, and reimbtasement from the County of Los Angeles for the 56 cent per ton surcharge for H W collection and disposal Page No. 7 I IV. ELIGIBILITY SUMMARY The City of El Segundo is claiming conditional eligibility for the CIWN B Block Grant Program Because the City has not participated previously in the CIWMB U W Oil Rxyding Grant Program, it does not currently have a CRC However, the City and its Consultant have identified several potential CRC sites within El Segundo who may be interested in participating in the CRC program. We anticipate assisting one of these firms to submit certification forms to the State within 60 -90 days of begmmng this project Also, if no other site is identified, the City will seek certification for the City's vehicle maintenance yard. In either case, we aupwpate that a CRC % all be established within 120 days. Page No 8 083 A V. WORK STATEMENT The Work Statement is provided on the following page as Fxhibit B It lists all of the tasks necessary to accomplish the proposed pwW am Page No 9 l'a EXHIBIT B WORK STATEMENT USED om RECYCLING BLOCK GRANT . THIRD CYCLE Grant Applicant El $=ado Date IV15194 Task No. Description of Task Time Pert I Develop Certified Recycling Center 3 - 4 Months II Site Training and Monitor Pro 12 Months III Implement Education and Public AwarenessPMgrwn- 12 Months Page No. 10 Q85 EXHIBIT C BUDGET SUMMARY 1994/95 USED OIL RECYCLING BLOCK GRANT - TEMW CYCLE Grant Applicant City of El SMndo Date 12/15/94 Type of Expense CTWMB Grant Funds" Develop Certified Recycling Center $2,50000 Site Training and Monitoring Program $ 1,000.00 Implement Education and Public Awareness Program $1,414,10 Other Costs -0- Total Budget: $4,914.10 are rounded to the nearest dollar All expenses listed above are itemized in Exhibit D Page No 11 086 EXHIBIT D BUDGET ITEMIZATION Applicant City of El Segundo Date x/15194 Expense Items Units S/Unit CIWMB Grant Funds S Task I Develop Certified Recycling Center Program Director 1 701E R 70.00 Chant Administrator 5 50AM 25000 Consultant 10 751kiR 750.00 Consultant 10 50/HR 500.00 Operations Manual 1 700 /ea. 700.00 Signage 1 230 /ea. 23000 Subtotal 2,50000 Task It Site Training and Monitoring Program Program Director 1 70MR Grant Administrator 4 50/HR Consultant 3 75/AR Consultant 10 50/HR Subtotal Task III Implement Education and Pul Program Director 1 Grant Administrator 12 Consultant 4 Consultant 8 Brochure Development0stribution 1,100 Subtotal TOTAL COSTS rlic Awareness Program 70/HR 30/M 75/]HR 50/HR 26 /ea. ffibirfrol of 11 / 11 1�1 1 1 111 11 70.00 360.00 300.00 40000 294.10 1,41410 54,914.10 Page No. 12 087 VIII. APPROVED RESOLUTION/LETTER OF AUTHOR17.ATION Exhibit E At the time of this submittal an approved resolution is not available, therefore no Exhibit E is included Exhibit F Per the terms of this grant application, the City of El Segundo will submit a cover letter from the City Manager and City Council Resolution authorizing the application prinr to February 17, 1995. Page Nu. 13 DIM 213 236 2700 IQ 003 11,95 15 50 22213 236 2700 BW &S LA 31X95 15:20 CITY OF EL SEGAkIDO a PWS No. 2116 P002 ARSOLOTIOlf No, 3607 A RMMUTIOH OF TEE CITY 4=uNcIL op TEE CITY Or EL SYSGONDO, CALZiPMUMA, ADTMORISIDNG THE 4IV=X2TAL Oa AN APPLXCATION TO TES CALITORWIA Ii1TZMATED WABTB U&NAGRUMM EOARD post A 399 & - 95 USED 02L AXCYCLXNQ HLOCx GRANT. aSEREABip the pepple oI the state of California have enaoted the California Oil kooycling F,nNSan[:ement Act that proVldes funds to cities and counties for eotablishiny and maintaining local used oil collection programs that encauray" recycling or appropriate diopogal of used oil; and WZZRHAA, the California Integrated Waste Managemuld, Hoard has been delegated the responsibility for the administzation oI Liza program within the state, setting up necessary prooedures governiny application by cities and counties under the program; and IIMMRAA, the applicant will enter into an agreement with tho state of California for development of the project; HOW, THEREpORZ, DR IT RE9OLV8D that the city Council of the City of RI Sogundo authorize the submittal of an application to the California integrated Waste Management Hoard for a L994 -95 Used Oil Recycling Slack Grant. The Public Works Director in hcrcby authnrized and empowered to execute in the name of the City of E1 sagundo all necessary application contracts, payment requests, Agreements and amendments hereto for the purposes of "curing grant funds and to implement and carry out the purposes specified in the grant Ap licat:iun. HRCTION 2. The City Clerk shall certify to the passage and adoption of this rRanitftion; shall enter the same in the hook of original resolutions of said City; and shall make a minute of c:he passage and adoption theronf in the records of the proceedings of the City Council of said City, in the minutan n£ th^ meeting at which the same is passed and adopted. PASBED, APPROVED AND ADOPTED this 7th day of February, 1995. APPROVED AS To FOiNM City w torhey —� ATTESTS Cindy mrtesen City Clerk iBEALi Carl Jacobson, Mayor of the city of Nil Segundo, California cane *.R30 11130/M 0C' - L I EL SEGVNDO CITY COUNCIL MEETING DATE: February 7, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AG�NDA DESCRIPTION: Proposed Resolution extending Workers Compensation benefits to Police Reserve Officers and Explorers, uncompensated members of City Commissions, Committees and Boards, and to City Volunteers. Fiscal Impact: Proposal results in no additional funding cost to the City. Future costs will be on an actual basis and in recent years have been zero. Adopt Resolution BRIEF SUMMARY: All full time and part time City employees are covered under State law for Workers' Compensation salary and medical benefits should they injure themselves on the job during the course and scope of their employment The City is self- insured for Workers Compensation coverage and utilizes an internal service fund to account for needed revenues and expenditures. Volunteers play an important role in helping to support and augment the services of many of our departments and also serve on City Commissions, Boards, and Committees Under State law, unpaid City Volunteers may be deemed covered for Workers Compensation benefits following Council adoption of an appropriate Resolution The proposed Resolution would allow Police Reserve Officers and Explorers; uncompensated members of City Commissions, Comnttees and Boards; and City Volunteers to receive necessary medical care if injured on the job Should a volunteer currently sustain a work- related injury, their only redress for restitution is through Civil Court. Extension of Worker's Compensation benefits to volunteers is in the public's best interest and eliminates the potential for costly civil suits In reviewing records dating back to 1986, no claims have been filed by a City Volunteer against the City of El Segundo Adoption of the proposed Resolution extending Workers Compensation benefits to Reserve Officers, and Explorers; uncompensated members of City Commissions, Committees and Boards, and formally recognized volunteers results In no additional funding costs to the City Future costs will be on an actual basis and in recent years have been zero Resolution prepared by Human Resources Department Staff FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: ACTUAL Project/Account Budget: FUTURE COSTS Project/Account Balance: Date: ONLY Account Number: Project Phase: Appropriation Required - Yes_ No —X Bob Hyland, Director of Human Resources/Risk Management Morrison, AGENDA 725 Date: January 26, 1995 2 / -lam //2e- as S- 00 / JIM iy5 I- _ -- 17 A7 -g213 296 2700 le 12 TY W EL. bl%W -4•00 + BWS BW &5 LA RESOLUTION NO. 3900 A RESOLUTION OF THE CITY COUNCIL OF THE CITY of F-L 3COUNDO, CALIFORNIA, EXTENDING WORKERS' COMPENSATION BENEFITS TO POLICE RE8ERVE OFFICERS AND EXPLORERS; UNCOMPENSATED MEM&ERS OF CITY COMMISSIONS, COMMITTEES AND BOARDS, AND TO CITY VOLUNTEERS. to 002 N0.753 P001 WHEREAS, the City Council of the City of El Segundo, California has Ictorrnined that in the best public interest, Workers' Compensation benefits shall be extended o Police Reserve (YlYic M and Explorers; uncompensated members of City Commissions, �anmittees and Boards, and to City volunteers: WHEREAS, it Is within the discretion of the City Council to extend Workors' Compensation benefits: WHEREAS, public Interest, convenience and necessity require it, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Clay of El Segundo as follows; &ECTION 1. Pursuant to Labor Code Section 3363.5, Police Reserve Officers and Explorers, uncompensated members of City Commissions, Committees and Boards.and volunteers of the Gty of El Segundo are deemed to be an employee or the City for purposes of Workers' Compensation insurance while performing such services for the City and are hereby entitled to Workers' Compensation benefits. SECTION L This resolution shall take effect immediately. SECTION S. The City Clerk thall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolution& Of lard 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 mt:etiny at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 7th day of February, 1995, Carl Jacobson, Mayor of the City of El Segundo uTTRAT: ndy Moneeen, ty Clerk (SEAL) ,'PROVED AS TO FORM: eland C. D611ey. ::ny Attorney wasowc+fs Peat -It- twand fax irano lttal Menlo 7ert RECEIVED JAN 3 1 1995 Fug sa. Burke. Williams & sorenen — — — — 091 r, EL SEGUNDO CITY COUNCIL MEETING DATE: February 7,1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar Results from closed bid process for acquisition of new undercover police car as budgeted in the Fiscal Year 1994 -1995 Asset Forfeiture Fund Recommend that City Council accept lowest bid from Simpson Buick Oldsmobile for $20, 726 63 BRIEF SUMMARY: Six bids were solicited from appropriate vendors, the responses from the vendors were as follows Vendor Name & Address Price 1 Good Buick -GMC Truck, Inc 900 W Anaheim Street, Wilmington $22,60800 2 Bay Buick/GMC Trucks 18800 Hawthorne Blvd, Torrance $20,91988 3 Simpson Buick Oldsmobile 8400 E Firestone Blvd Downey $20,72663 4 Buick Mart 18800 S Studebaker Rd , Cerritos No Response 5 Boulevard Buick 1881 N Long Beach BI , Long Beach No Response 6 Bill Murphy Buick Inc 9099 Washington BI, Culver City No Response ATTACHED SUPPORTING DOCUMENTS: Specifications sheet provided to the appropriate vendors Budgeted (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $20,726.63 Account Number. 109 -400 - 3105 -8105 Appropriation Required - Yes_ No X Date: Steve Klotzsche James - -3i -9r z_ 9�5- 092 t1 , e • SPECIFICATIONS FOR ONE (1) BUICK REGAL GRAND SPORT FOUR -DOOR SEDAN The following are minimum requirements. The vehicle bid must possess all listed equipment. The vehicle will be new and unused and have the factory warranty. REOUIRED EOUIPMENT: Air Bags: Driver and Passenger (Dual Air Bags) Power Disc Brakes with ABS Automatic Transmission High Output Engine (3800 SFI V6) Reclining Seats Air Conditioning Power Windows, Door Locks, and Trunk Release Tire & Wheels: P225/60R16 Steel- Belted "All Season" Radials with 16" Aluminum Wheels '95 Shop Manual Heavy Duty Suspension Electric Rear Window Defroster Power Steering Cruise Control Remote Control Mirrors Tilt Steering Wheel Tinted Glass AM/FM Stereo Cassette Radio Color: Exterior: Adriatic Blue Met. Interior: Blue sescs: Buck xryal 195 093 EL SEGt1NDO ITY COUNCIL AGENDA ITEM�TATEMENT MEETING DATE: February 7, 1995 AGENDA HEADING: Consent Request approval to solicit bids for 11 in-car video camera systems for the Police Department using Asset Forfeiture funds at a cost not to exceed $80,864. �1:[0191MT.I�,TI�I � Approve the request and authorize staff to advertize for bids. The Police Department has identified in-car video taping systems as one tool which would have useful applications in training, increasing criminal prosecutions and reducing possible civil liability exposure. Approved in the FY 93/94 budget was a request by the Police Department for the purchase of In-Car Video Camera systems for it's 11 marked police units. This Capital Equipment Justification had an estimated expenditure of $86,666. At the December 21, 1993 City Council meeting, approval was given to purchase one unit on a sole source basis from the Crim -Tec Corporation to assist the Police Department in determining if it would meet the prescribed goals and objectives. After several technical delays by the manufacturer, we took delivery of the unit in May 1994. Unfortunately, the system continued to malfunction and it was returned to the factory for repair. The Crim -Tec Corporation has since filed for bankruptcy and our City Attorney's office is proceeding with our claim. Because the Police Department still believes this is a valuable tool, we received on loan in December 1994, another system from a different manufacturer for review. It has performed well and has in fact already assisted in the adjudication of an alleged claim of misconduct by an officer. Had we not had the video tape for review, which clearly showed no wrong doing by the officer, many hours of investigation may have been spent looking into the claim. Recommendation and Review: Based upon the success other police agencies have had with in-car video cameras and the results from our 5 week evaluation period, I am requesting that City Council approve the expenditure of Asset Forfeiture funds not to exceed $80,864 for the purchase of 11 in-ear video camera systems. ATTACHED SUPPORTING DOCUMENTS: Capital Equipment Justification FY 93/94 Staff Report dated December 9, 1993, by Chief Grimmond City Council Agenda Item dated December 23, 1993 Staff Report dated January 27, 1995, by Chief Gnmmond FISCAL IMPACT., (Check one) Operating Budget: Capital Improv. Budget: X Amount Requested: $60.000 Project/Account Budget: $86.666 Project/Account Balance: $80.864.67 Date: 1127195 Account Number: 109 - 400 - 3105 -8104 Project Phase: Appropriation Required - Yes_ No X ORI D: ate: January 27, 19 W Morrison, City Manager PD -I -1 2 -�-95- 094 6, y /& eS'�a" & (1 0 INTER - DEPARTMENTAL CORRESPONDENCE January 27, 1995 To James W Morrison, City Mana r From Tim Grnmmond, Chief of Po Subject In -Car Video Camera Systems Proposal: It is proposed that Asset Forfeiture funds not to exceed $60,000 be approved to purchase 11 in -car video camera systems for the Police Department's marked fleet Background: The Police Department has identified in -car video camera systems as one tool which would have useful applications in training, limiting cavil liability exposure and assisting in criminal prosecutions In FY 93/94, the Police Department requested and was given approval to use Asset Forfeiture funds totaling $86,666 for the purchase of such systems Approval was given by City Council at their December 21, 1993, meeting to purchase one unit on a sole source basis for validation This particular unit from the Cnm -Tec Corporation had manufacturing delays and when delivered and installed was found to be defective It was sent back to the manufacturer for repair and the company has subsequently filed for bankruptcy protection Our City Attorney has filed a claim in Bankruptcy Court to attempt to protect our expenditure Since that time, staff has continued to research the different systems available and in December 1995, another system was received on loan for our evaluation This system, manufactured by Kustom Signal, has performed flawlessly During the evaluation period, a patrol supervisor received a citizen's complaint of misconduct by an officer Because the officer had been driving the video camera unit, the supervisor was able to pull the video tape and review the incident which clearly showed no acts of wrongdoing Had the tape not been available, it can be anticipated that many hours of investigative time would have been spent on following -up the complaint Recommendation and Conclusion Those police departments which currently utilize video camera equipment in their marked fleets have proven that they will assist in the reduction of false accusations of improper conduct, out of court settlements and court time In the short exposure we have had with the systems, I conclude that these devices can only assist the department in meeting its stated goals and objectives Approved James W Morrison, City Manager 095 PD -1 -2 CITI' of EL SEGUNDO ADOPTED BUDGET CAPITAL EQUIPMENT JUSTIFICATION Department: Asset Forfeiture Budget Year: 1993/94 Account Number: 3105 -8104 ADDITIONAL EQUIPMENT DESCRIPTION Item Requested: Video Incident Capture System Proposed Make: CRIME TEC Description and Specifications: Video Incident Capture System (for police patrol units) with 6X Zoom Lens Camera, included equipment: (1) Programming Unit, Radar Modification and Extended Maintenance Program. No. requested: 13 Unit Price: $6,095 Other Costs: Installation and Transportation, etc. Allowance for Inflation: Sales Tax: Total Cost: Total Price: $ 79,235 Source of Quoted Price: Aim Tec - Richard Johnson, Director of Sales Date of Quotation: 2/1/93 Valid Until: 3/1/93 $ 894 $ 6.537 $ 86.666 Purpose of Equipment: A Video Capture System allows the independent recording of police contacts. This would reduce false accusations of improper conduct, out -of -court settlements, reduce court time, etc. Equipment To Be Used By: Patrol Personnel Justification and Explanation of Need: It is apparent that police officers need more protection from lawsuits, false accusations and court room testimony. This system assists in that protection. Submitted by: M. Tavera Title: Lieutenant - 336 - PD -I -3 O96 TO THE EL SEGUNDC -ITY COUNCIL MEETING DA.3: December 21, 1993 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT -------------------------- AGENDA DESCRIPTION: Approve the purchase of one in -car video tape incident capture system on a sole- source basis using Asset Forfeiture funds not to exceed $6,500. RECOMMENDED COUNCIL ACTION: Approve the purchase as proposed on a sole- source basis. -------------------------------- BRIEF SUMMARY: The Police Department has identified in -car video taping systems as one tool which would have useful applications in training, increasing criminal prosecutions and reducing possible civil liability exposure. In FY 93 -94, the department requested and was given approval to use Asset forfeiture funds totaling $86,666.00 for the purchase of such a system for it's marked police fleet. Staff has subsequently conducted a needs assessment regarding the application and reviewed various devices available. Three manufactures were invited to give demonstrations and three others were reviewed from printed material. Some of the factors used in determining a system included ease of operation, system security and integrity, warranty, serviceability, cost, features, past record with other user agencies and lastly, how does it meet the unique needs of our department. Staff has concluded that after review of all the systems, GRIM TEC's product best meets our needs. CRIM TEC offers a system which has a proven track record, has survived close court scrutiny, offers features not found on other system such as both officers in a two officer unit being able to record their conversations on independent sound tracks, and a heated /air conditioned trunk mounted "vault" for the tape recorder. The recorder they use is virtually tamperproof which lends further validity to the tape. The cost of the CRIM TEC system is also lower than some of it's competition. No other system reviewed offers all of these features. It is felt at this time that the purchase of one unit for evaluation would be a more prudent application of funds due to the total cost involved in outfitting the entire patrol fleet. Unfortunately, CRIM TEC does not offer demonstration models due to the high cost of installation. Recommendation and Conclusion: It is recommended that funds be approved for the purchase of one system for evaluation. Departments who currently utilize video capturing systems had proven that they will assist in the reduction of false accusations of improper conduct, out -of -court settlements and court time. ATTACHED SUPPORTING DOCUMENTS AND WHO PREPARED THEM: Staff Report, dated December 9, 1993, Tim Grimmond, Chief of Police FISCAL IMPACT: Amount Requested: $ 6,500.00 Budgeted Amount: $ 86,666.00 In Account Number: 3105 -8104 Deficit: $ -0- Revenue Source: Asset Forfeiture ----------------------------------------------------------------- ORIGINATOR: Tim Grimmond, Chief of Police Date: December 13, 1993 REVIEWED BY: James Morrison, City Manager Date: --- --- - -- -- --- --- -- - - - -- ACTION TAKEN: PD -1 -4 a4( f& (2VeYWZd,& INTER - DEPARTMENTAL CORRESPONDENCE December 9, 1993 To James W Morrison, City Manager From: Tim Grimmond, Chief of Police Subject: In Car Video Taping System Proposal: It is proposed that Asset Forfeiture funds not to exceed $ 6,500 be approved for the sole- source purchase of one in car video taping system and a sufficient amount of video tapes This unit will allow for the Police Department to assess the usefulness of such a system prior to purchasing units for the remainder of the marked patrol fleet Background: The Police Department has identified in car video taping systems as one tool which would have useful applications in training, field activity review, increasing criminal prosecutions, and reducing possible civil liability exposure. In FY 93 -94, the Police Department requested and was given approval to use Asset Forfeiture funds totaling $ 86,666 for the purchase of such a system for the marked police fleet. Staff has determined the specific needs of the department and researched the various devices currently on the market. Some of the factors used in defining the system included ease of operation, warranty, cost, serviceability, past user record and systems security Three vendors gave demonstrations and three others were reviewed via their printed material Staff has concluded that CRIM -TEC Systems Inc. offers a program which is far superior and will meet the department needs The CRIM TEC system is unique in that it allows for both officers in a two officer car to have independent recording capabilities Other features include security and systems integrity measures that make the unit less vulemable to court scrutiny, heated /air conditioned trunk mounted recorder "vault ", and a virtually tamperproof recording device. The CRIM TEC system also costs less than some of it's competitors. It is felt at this time that the purchase of one unit for evaluation would be a more prudent application of funds due to the total cost involved. Unfortunately, CRIM TEC does not offer demonstration models due to the installation costs associated with such a system Recommendation and Conclusion: It is recommended that funds be approved for the purchase of one system for evaluation. Those departments who currently utilize video incident capture systems have proven that they will assist in the reduction of false accusations of improper conduct, out-of -court settlements and court time This device will also serve as a training aid to officers in the performance of their duties. f therefore conclude that this is a device that can only assist the department in meeting its stated goals and objectives Approved James W Morrison, City Manager PD -I -5 1':