1995 JUNE 06 CC PACKET-3EL SEGUNDO CITY COUNCIL
MEETING DATE:June 6,1995
AGENDA ITEM STATEMENT AGENDA HEADING:Consent Calendar
Annanf rinno4Qn bnm P S2agnnrin Tannic Rlnh
AGENDA DESCRIPTION:
Request to accept donation of $1,694 from the El Segundo Tennis Club designated for the resurfacing of
Tennis Court #t4 at Recreation Park
Accept donation
BRIF11- SUMMARY:
The El Segundo Tennis Club donates annually to the Recreation and Parks Department toward the
refurbishment, upgrading and maintenance of the Tennis court areas and /or equipment Donations are given
in appreciation of the positive, long standing relationship between the Department and the Tennis Club The
Club is co- sponsored by the department and maintains regular court reservations at the Park for it's members
Donations reflect their appreciation
The Recreation and Parks Commission accepted this donation at their May 17 meeting
none
FISCAL IMPACT: Yes
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requestedmone
Project/Account Budget:
Project/Account Balance: Date:
Account Number: 108 -300 -0000 -3893
APPROVED BY*
Jim Fauk, ion and Parks Director
Morrison, City
3e 101415-
i
EL SEGUNDO CITY COUNCIL MEETING DATE: June 6,1995
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Request Council approval to provide training for one Guaymas police officer and one Guaymas firefighter for a period
of approximately three weeks
RECOMMENDED COUNCIL ACTION:
Approve participation with the El Segundo Sister City Association in providing public safety training to one Guaymas
police officer and one firefighter, from approximately July 10th to July 30th, 1995.
BRIEF SUMMARY
Forthe past several years, the Police and Fire Departments have hosted one Guaymas police officer and one firefighter
for training purposes for several weeks, prior to the annual official visit of Sister City members.
In an effort to continue what has become a very popular and successful program, it is recommended that these two
members be trained in El Segundo by our respective safety services This program fosters better relationships between
the cities and greatly benefits the trainees and their departments by teaching them the latest in law enforcement and
fire service techniques
As in the past, this program exposes both individuals to some of the most advanced training currently being applied in
the safety services By providing this training we will be assisting the people of Guaymas with these new procedures
as well as broadening the perspective and understanding of our own personnel. It is anticipated that their stay in the
City of El Segundo will be scheduled for approximately July 10 through July 30, 1995.
Housing will be arranged for both within the Fire Department The Police and Fire Associations and the Sister City
Association have graciously offered to pay a portion of their expenses, such as air fare and sustenance expenses.
Incidentals and uniforms will be provided, as required, from existing Police and Fire Training budgets.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested: 0
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required -Yes_ No X
nolr_IAI ArCn.
209
Tb-m-1
� t
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 6,1995
AGENDA HEADING: Consent
Proposed contract renewal with the Los Angeles Southern California Humane Society to provide animal control
and shelter service for the City of El Segundo at a cost of $42,692 per year for two years.
RECOMMENDED COUNCIL ACTION:
Approve contract.
BRIEF SUMMARY:
Fees for services provided by the Southern California Humane Society have been modified from year to year
by written amendments to a contract last formalized in 1983. This year, the Humane Society has submitted a
formal contract proposed to coverthe two -year period of July 1, 1995 to June 30,1997. This contract calls for
a monthly service fee of $3,500 (Three thousand five hundred dollars). Total annual cost would be $42,000,
billed quarterly. In addition, the cost of printing and purchasing license tags will be billed to the City at actual
cost, estimated at approximately $692. This amount has been requested in the 1995196 operating budget. This
contract reflects an increase of $6,100 per year.
The agency maintains an animal shelter facility at 12910 Yukon Avenue, Hawthorne. The proposed scope of
services provided will remain the same and include enforcement of all City ordinance and laws of the State of
California within City limits relative to the keeping, harboring and disposition of animals, 24 -hour telephone
service, response for injured or dead animal pickup, animal impoundments, and investigation of animal cruelty
complaints.
The contract has been reviewed by the City Attorney who has recommended approval as to form.
ATTACHED SUPPORTING DOCUMENTS:
Proposed agreement between the City of El Segundo and the Southern California Humane Society.
Copy of Certificate of Liability Insurance naming the City as an additional insured and as certificate holder.
FISCAL IMPACT:
(Check one) Operating Budget:_ Capital Improv. Budget:
Amount Requested: $42.692
Project/Account Budget-
Project/Account Balance: Date:
Account Number: 001 -400- 3101 -6271
Project Phase:
Appropriation Required - Yes— No_
^01�11.1 AVOM.
210
CONTRACT
Z3 94
CITY OF EL' SEGUNDO
AN AGREEMENT BETWEEN THE CITY OF EL SEGUNDO
AND THE SOUTHERN CALIFORNIA HUMANE SOCIETY
TO PROVIDE ANIMAL CONTROL SERVICES
FOR THE CITY OF EL SEGUNDO
JULY I, 1995 -JUNE 30, 1997
This agreement is entered into on this I st day of July, 1995 by and between the City of El Segundo, a
Municipal Corporation, whose address is 350 Main Street El Segundo, CA 90245, hereinafter referred to
as the "City" and the Southern California Humane Society a Corporation whose address is 5026 West
Jefferson Boulevard, Los Angeles, CA 90016, heremaltei reterred to as the Agency This contract
supersedes, replaces, and revokes any and all prior contracts between the Agency and the City
Additionally, this contract contains the entire understanding between the parties Any modifications to this
documentation must be in writing and executed by both parties
RECITALS
A, The City requires animal control services due to the number of animals present within the City
B The Agency is possessed of the skills requisite and necessary to furnish animal control services for
the City and the City desires to contract with the Agency to provide the same
NOW, THEREFORE, in consideration of the performance by the parties of the stipulations herein
contained, the parties agree as follows
1. Service.
A The agency agrees to serve as the Director of Animal Control for the City in accordance with
applicable ordinances of the City and laws of the State of California The Agency agrees to furnish an
animal shelter to be located at 12910 Yukon Avenue in the City of Hawthorne, California, and to maintain
the said animal shelter throughout the term of this agreement
B The Agency shall enforce all City ordinances and laws of the State of California within the City
limits relative to the keeping, harboring and disposition of animals These duties shall include
The investigation of animal cruelty complaints brought to the Agency's attention by City
personnel
b Pickup and impounding of animals at any time upon the requests of authorized representatives of
the City
C Maintenance of prompt pickup service for injured animals and reasonable pickup service of not
more than twenty-four (24) hours for dead animals
211
-PT) a -z
CONTRACT,
2-3 94
Issuance of license tags and license receipts The agency shall provide to the City on a mon[t.hlyOF EI $EGUNDQ
basis a report of the number of such license issued, including identification numbers and fees collected
The agency shall advise the City Manager on a monthly basis of all dog license fees collected In addition
the agency shall keep such books and records in such a form and manner as may be required by generally
accepted accounting practices, and such books and records shall be opened to audit and examination by the
City or its authorized representatives
e Perform such duties relative to the control, regulation and protection of animals within the City as
directed from time to time by the City manager or his authorized representatives
f Maintain a telephone number which will be answered twenty -four (24) Hours a day, seven days a
week
g Maintain a record of all field services and furnish the City manager upon request with a written
record of service The information, along with a report on the operation of the Agency, shall be furnished
to the City Manger upon request
h The Agency shall cooperate with the City Manager in public relation and communication efforts
within the City
i Field Service shall be available on a twenty -four (24) hours per day, seven (7) days per week
basis Night calls, between 5 PM and 7 30 AM shall be of an emergency nature only
2. Compensation. The cost of providing animal control services outlined in this contract is Thirty
Five Hundred ($3500) dollars for each month of service up to forty (40) hours of monthly service,
beginning with July I, 1995 Hours incurred in the City of excess of 40 hours shall be billed at $70 per
hour In addition the cost of printing and purchasing License Tags will be billed to the City at the actual
cost incurred by the Agency
3. Collection of Fees. The Agency will bill on a quarterly basis for the cost of providing animal
control service The license moneys that are collected by the agency will be retained by the Agency 100%
and be used to offset the cost of providing animal control services which are outlined above The bill will
be calculated as follows $10 500 will be billed quarterly with any license moneys collected to date
subtracted from the bill
4. Term. This agreement will commence on July I, 1995 and terminate June 30, 1997, unless
sooner terminated as provided for thereafter, and may be extended or amended by mutual written consent
of the parties herein
5. Indemnification. The agency agrees to defend, indemnify and hold harmless the City, its Council
members, its officers and employees, from and against all claims and demands whatsoever arising out of or
connected with this Agreement
6. Insurance. During the term of this Agreement the Agency shall maintain policies of general
liability, automobile and worker's compensation insurance in an amount not less than one million dollars
($1,000,000) each insuring the Agency against liability arising out of or connected with the Agency's
performance of this Agreement Such policy shall name the City, its officers and employees as additionally
insured and shall provide that it shall not be canceled without thirty (30) days written notice to the City and
be in form approved by the City Attorney
7. Compliance with Laws. The Agency agrees to abide by all local and state laws governing its
operations
212
Pa -IL -3
CONTRACT)
23 94
8. Independent Contractor. The Agency is and shall at all times remain as to the City CITY OF Fl 3F61M,
wholly independent contractor Neither the City nor any of its officers employees or agents shall have
control over the conduct of the Agency or any of the Agency s officers employees or agents, except as
expressly set forth in this Agreement The Agency 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 Agency in connection with the performance of this agreement
Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Agency
for performing services hereunder for City City shall not be liable for compensation of or indemnification
to Agency for injury or sickness arising out of performing services hereunder
9 Termination. This agreement may be terminated at any time by either party upon sixty (60)
days written notice
10. Entire Agreement. The text herein shall constitute the entire Agreement between the
parties
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
first above written
City of El Segundo
By
Mayor
Attest
By
Deputy City Clerk
Southern California uma S'C
ciety
By /t C
Madeline Bemstem, xecutive Director
ttes
B
Jul n Rooke, CFO
� � n
'► 1
ACORD.e CERTIFICATE OF LIABILITY INSURANCE D0ATE
2/14/95Y)
PRODUCER THIS CER_TIFICATE IS ISSUED AS A MATTER OF INFORMATION
I 'ABI SPECIAL RISK ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
j AMERICAN BUSINESS INSURANCE BROKERS HOLDE
LOS ANGELES, INC '---
15760 VENTURA BLVD , SUITE 1400
ENCINO, CA 91436 -3007 COMPANY
(818) 377 -38 00 A
)INSURED -- _ COMPANY
LOS ANGELES SOCIETY FOR THE B
PREVENTION OF CRUELTY TO ANIMALS AND
THE SOUTHERN CALIFORNIA HUMANE SOCIETY
5026 JEFFERSON BOULEVARD
LOS ANGELES CA 90016
__ COMPANIES AFFORDING COVERAGE__
'GREAT AMERICAN
NORTHBROOK PROPERTY & CASUALTY INS CO
COMPANY
C CALIFORNIA COMPENSATION
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE OR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I_ _
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTA DATE (MM /DD/YY) DATE IMWDO/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
$ 1,0001000_
X COMMERCIAL GENERAL LIABILITY
PRODUCTS_C_OMP /OP AGO
S 1,000,000_
A CLAIMS MADE X OCCUR PAC 21623670
02/10/95 02/10/96 PERSONAL &ACV INJURY
$ 1,000,000
X OWNERS& CONTRACTORS PROT
EACH OCCURRENCE_
f 1,000,000
EMPLOYERS LIABILITY
FIRE DAMAGE (Any one fire)
$ 50_,00_0_
C THE PROPRIETOR INCL W 949110989
MED EXP (Any one person)
$ 5 000
AUTOMOBILE LIABILITY
1,000,000
OFFICERS ARE EXCL
COMBINED SINGLE LIMIT
f 1,000,000
X ANY AUTO
_ _
B X ALL OWNED AUTOS CA 0669210
02/10/95 02/10/96 BODILY INJURY
X SCHEDULED AUTOS
(Per person)
$
X HIRED AUTOS
BODILY INJURY
X NON OWNED AUTOS
(Per accpaenC
$
- - — ' -- - _ - - --
PROPERTY DAMAGE
S
GARAGE LIABILITY
AUTO ONLY EA ACCIDENT
S
ANY AUTO
OTHER THAN AUTO ONLY
EACH ACCIDENT
$
EXCESS LIABILITY
EACH OCCUR -PENCE _ __
$__
UMBRELLA FORM
AGGREGATE _ _
$
OTHER THAN UMBRELLA FORM
S
WORKERS COMPENSATION AND
X WC STATU 0TH
TORY LIMIT$_
EMPLOYERS LIABILITY
__Ep_
EL EACHACCIDENT
_
$ 1,000,000
C THE PROPRIETOR INCL W 949110989
09/30/94 09/30/95 E_LDISEASE_POLOYLIMIT
S 1,000,000
PARTNERS /EXECUTIVE -
1,000,000
OFFICERS ARE EXCL
EL DISEASE EA EMPLOYEE
4
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
ALL CALIFORNIA OPERATIONS OF THE NAMED INSURED
ADDITIONAL INSURED CITY OF EL SEGUNDO, ITS OFFICERS, AGENTS AND EMPLOYEES
30 DAYS NOTICE VIA CERTIFIED MAIL
CERTIFICATE HOLDER CANCELLATION '10 DAYS FOR NONPAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED B��[[EFFvOvRRE THE
CITY OF EL SEGUNDO EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL EIOISEI(M� AYMAIL
ATTN CITY ATTORNEY'S OFFICE 30'
350 MAIN STREET DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
EL SEGUNDO, CA 90245
_ox"X24*xx6NXx4xA RXXxxxXdfL%(rXYGI )uikllcXNNdfd( x
AUTHORIZED REPRESENTATIVE 7RICAN W6 NE66JNSURANCE M0KM6 LGS AN0E1E6 INC
/ / �� JAMES A FELCH
ACORD 25 -S (1/95) -L\+. l,C•IL �w AACORD CORPORATION 1988
214
EL SEGUNDO CITY FOUNCIL \ MEETING DATE: June 6, 1995
AGENDA ITEM STATEMENT ` I AGENDA HEADING: New Business -City Manager
AGENDA 15ESCRIPMW
J
Donation by Northrop Grumman Corporation of $100 to the City of El Segundo honoring the volunteer efforts of
A J Paz in the community
Council to determine how the City should use the donation and acknowledge the contribution
Northrop Grumman Corporation each year donates money to various agencies or organizations in recognition
and support of employees who perform volunteer work in the community This year as they did last year,
Northrop Grumman Corporation donated $100 to the City of El Segundo in honor of the work done by A J
Paz Last year, Mr Paz asked that children's books be purchased by the Library This year, Mr Paz has
instructed that the donation be put to good use with no restriction on how it should be allocated
Photocopy of check from Northrop Grumman for $100 and enclosed note from A J Paz
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
ProjecNAccount Budget:
Project/Account Balance: Date:
Account Number.
Project Phase:
James
City Manager
- Yes No
215
THE BACK OF THIS CHECK CONTAINS A NORTHROP GRUMMAN CORPORATION FACSIMILE WATERMARK • CAN BE SEEN AT AN ANGLE
CHASE MANHATTAN BANKF N.A. r
r Century PaM East SYRACUSE. NEW YORK 213
os nqe es, ornia DATE CHECK NO. NET AMOUNT
i
PAY 04/25/95 00066722 * * * * ** *100.00
VOID AFTER SIX MONTHS
ONE HUNDRED AND 00 /100 DOLLARS
TO THE CITY OF EL SEGUNDO
ORDER CAPITAL IMPROVEMENT PROGRAM
OF ADVISORY COMMITTEE
AS TANT TREASURER IV
350 MAIN STREET NVMROP GRUMMAN CORPORATION
EL SEGUNDO CA 90245
11.06672211' 1:0213093791: 601m,r2@@13L0L21r
% , , ,
/
216
EL SEGUNDO CITY COUNCIL MEETING DATE: 6/6/95
AGENDA ITEM STATEMENT AGENDA HEADING: City Manager -
New Business
AGENDA DESCRIPTION:
A Resolution of the City Council fixing water rates and approving
the increase of the amount of Adjusted Gross Income for eligibility
for Water Lifeline Rates.
RECOMMENDED COUNCIL ACTION:
1. Discussion.
2. Read by title only.
3. Adopt Resolution.
BRIEF SUMMARY:
On 6/21/94, the City Council approved a Reclaimed and Potable Water
Rate Study which established a financial strategy for the City's
Water Enterprise. The study recommended a water structure for FY
1994 -95 and a process for evaluation of future year adjustments.
Based on 4/30/95 financial information, Staff is projecting the
available fund reserve at the end of the fiscal year to be
$2,034,451 (see attached spread sheet). This is slightly less than
the $2,217,417 indicated in the approved study. The decrease is
due primarily because of decreased water sales and the completion
of previously approved capital projects.
The original water rate study assumed future cost of water
increases to be 10% for FY 95 -96 and 6% per year thereafter. This
last year the Metropolitan Water District (MWD) implemented a new
Integrated Resources Planning Program. The program is designed to
make water rates more predictable. The way they accomplished this
was by removing from the cost of water some of the more volatile
charges such as capital costs and collecting the necessary funds
through additional charges. The result of the new structure is as
follows:
continued on next page....
ATTACHED SUPPORTING DOCUMENTS:
1. Sources and Application of Funds - Water Enterprise.
2. Resolution.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
_Capital Improvement Budget:
Yes _ No
- 1 of 3 -
Date:
ite:
J�/-t o/1
Date:
PW- CON.436
217
BRIEF SUMMARY: (continued)
Non - Interuptable
Water Charge
($ per acre -foot)
Readiness to
Serve Charge
($ per acre -foot)
West Basin
Surcharge
($ per acre -foot)
MWD/West Basin
Meter Charge
(fixed cost per month)
Total Cost to
El Segundo
($ per acre foot)
% Increase
1994195 1995/96 1996/97 1997/98 1998199 1999/00
(eslsting) (adopted) (projected) (projected) (projected) (projected)
414 426 446 463 476 488
51
22
W
434
40 49 67 79 97
35 35 35 40 45
5,600 5,600 5,600 5,600 5,600
501 530 565 595 625
15.4% 58% 66% 53% 5.0%
The new program includes a substantial new demand charge for
agencies increasing water purchases from MWD. However, with the
conversion of significant amounts of potable to reclaimed water, it
is anticipated that the new demand charge will not apply in our
area.
As can be seen in the above table, the Water Enterprise will be
experiencing a higher than anticipated cost increase in 1995/96,
but thereafter the increases are similar to what was expected. In
addition, also included in the new rate structure is the
elimination of the MWD parcel charge which is collected on property
tax bills. The result is a savings to E1 Segundo homeowners of $15
per year, which is equal to a decrease of approximately 6% of a
typical residential monthly water bill.
In order to achieve an adequate fund reserve, the water rate study
forecasted rate adjustments of:
• a ten percent increase effective July 1, 1995
• a ten percent increase effective July 1, 1996
• a eight percent increase effective July 1, 1997 and
a a eight percent increase effective July 1, 1998
Due to a shift from potable to reclaimed water by several of our
largest water users, reductions in water capital improvements, and
reduced staffing, Staff feels we can absorb next year's large
increase without deviating from the plan proposed by the study.
A survey of the surrounding communities indicates that even after
the proposed 10% water rate increase, E1 Segundo still provides
water to its customers at the lowest cost in the area.
— 2 of 3 —
218
BRIEF SUMMARY: (continued)
• Average residential customer assumed to include 3/4" meter and consumption
of 15 ccf per month.
As stated earlier, the new MWD -West Basin rate structure eliminates
the annual $15 per lot residential lot charge. Combining the
proposed 10% water rate increase with the $1.25 per month savings
for the discontinued lot charge, the net change to the typical
residential water customer is an increase of 2.5 %.
Also included in the proposed water rate resolution, is an
adjustment to the income limits for Water Lifeline Rates. Staff
compared the existing limits to the federally approved Very Low
Income limits for Los Angeles County and found our limits
substantially below the County limits. We are proposing to raise
the City's limits to equal the limits for the County.
The existing and proposed income limits are as follows:
Maximum Adjusted Gross Annual Income for Lifeline Eligibility
Total Bill
ea. add.
Monthly
to Average
2 Persons
3 Persons
Residential
Residential
Utility /Community
Commodity
Meter
Customer "
$21,500
Rate per ccf
Charge
City of Inglewood
221
743
4058
S C Water Company/Hawthorne
1303
970
2925
City of Los Angeles
1774
-0-
2661
City of Manhattan Beach
1 129
891
2133
City of Hawthorne
1.21
550
1891
City of El Segundo (proposed)
11356
132
1835
City of El Segundo (existing)
10324
120
1669
• Average residential customer assumed to include 3/4" meter and consumption
of 15 ccf per month.
As stated earlier, the new MWD -West Basin rate structure eliminates
the annual $15 per lot residential lot charge. Combining the
proposed 10% water rate increase with the $1.25 per month savings
for the discontinued lot charge, the net change to the typical
residential water customer is an increase of 2.5 %.
Also included in the proposed water rate resolution, is an
adjustment to the income limits for Water Lifeline Rates. Staff
compared the existing limits to the federally approved Very Low
Income limits for Los Angeles County and found our limits
substantially below the County limits. We are proposing to raise
the City's limits to equal the limits for the County.
The existing and proposed income limits are as follows:
Maximum Adjusted Gross Annual Income for Lifeline Eligibility
Staff recommends the City Council adopt the resolution.
- 3 of 3 -
PW -CON 436 (5/25/95)
219
ea. add.
Household Size
1 Person
2 Persons
3 Persons
4 Persons
person
Adj. Gross Inc.
$15,300
$15,300
$17,900
$21,500
add
(existing)
$3,600
Adj. Gross Inc.
$17,950
$20,500
$23,100
$25,650
add
(proposed)
$2,050
Staff recommends the City Council adopt the resolution.
- 3 of 3 -
PW -CON 436 (5/25/95)
219
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220
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, FIXING AND ESTABLISHING RATES AND CHARGES FOR
WATER SERVICE IN SAID CITY AND INCREASING THE AMOUNT OF
ADJUSTED GROSS INCOME FOR ELIGIBIUTY FOR WATER LIFELINE RATES
AND RESCINDING RESOLUTIONS NO. 3876 AND 3828 AND ALL OTHER
RESOLUTIONS IN CONFLICT HEREWITH.
WHEREAS, Chapter 14 04 of the "El Segundo Municipal Code" fixes, adopts, and
establishes the rules and regulations for the service of water from the waterworks system of the
City, and
WHEREAS, Section 14 04 060 of said Chapter 14.04 of the "El Segundo Municipal
Code" authorizes the rates and charges for water service to be fixed and established by
resolution, and
WHEREAS, on 6/21/94 Resolution No. 3876 was adopted which increased water
rates for the City Water Enterprise Fund, and on 8/19/93 Resolution 3828 was adopted, which
increased the amount of adiusted gross income for eligibility of disabled and low income persons
for reduced water lifeline rates
WHEREAS, the City Council of the City of El Segundo is desirous of complying
with both the letter and the intent of Article XIIIB of the California Constitution and placing the City
Water Utility System on a business basis, thereby preventing the City general taxpayer from
having to subsidize said System without receiving equal benefit therefrom, and
WHEREAS, the City Council also is desirous of assuring the long term financial
and physical viability of the said City Water Utility System and, further, of assuring the egwtability
of rates as between vanous categories of users connected to and using water from said City
Water Utility System,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. ESTABLISHMENT OF WATER RATE SCHEDULES.
A. Basic monthly readiness - to-serve charge:
Monthly Readiness-
Meter Size to -Serve Chame
5/8" x 3/4" meter
$ 1.32
3/4" meter . . . . . . . . . .... .
$ 1.32
1" meter........ . . . ...........
$ 10.56
1 -1/2" meter. ..... ... . . ...........
$ 14.52
2" meter ...... . . ................
$ 18.48
3" meter .....
$ 31 68
4" meter . ...... ............
$ 48.84
6" meter . . . .... . . . . . ....
$ 93.72
8" meter.
$132.00
10" meter ..
$21120
12" meter...
$30360
16" meter . ......
$528.00
20" meter.. ......
$81840
Additional charges for water consumed per month are:
For first 2,000 cubic feet or 56 cubic meters of water
used. $1 1356 per 100 cubic feet or $0 4010 per cubic meter
For next 3,000 cubic feet or 85 cubic meters of water
used. $1.2493 per 100 cubic feet or $0.4412 per cubic meter
For next 5,000 cubic feet or 142 cubic meters of water
used $1 3118 per 100 cubic feet or $0 4632 per cubic meter 221
1
For monthly consumption over 10,000 cubic feet or 283 cubic meters $1.3745 per 100
feet or $0.4852 per cubic meter For reclaimed water. The rate charged by West Basin
Municipal Water District, plus $0 3056 per 100 cubic feet or $0 1079 per cubic meter.
B. Basic bi- monthly readiness -to -serve charge.
BI-Monthly Readiness-
Meter Size to -Serve Charge
5/8" x 3/4" meter .
3/4"
meter ............. ...... ...
1"
meter.... ........ .
1 -1/2"
meter ..... ....... ... .. . .
2"
meter . . .. ... . ...... .
3"
meter
4"
meter . . . . . . . . ..... .
6"
meter ......... ....... .
8"
meter . .. ... ..... .
10"
meter .................... . .
12"
meter . . ................. .. .
16"
meter . .. ................
20"
meter. .. .......
Additional charges for water consumed per two month
period are
For first 4,000 cubic feet or 112 cubic meters water
used $1 1356 per 100 cubic feet or $0 4010 per cubic meter.
For next 6,000 cubic feet or 170 cubic meters of water
used- $1.2493 per 100 cubic feet or $0 4412 per cubic meter.
For next 10,000 cubic feet or 284 cubic meters of water
used $13118 per 100 cubic feet or $0 4632 per cubic meter.
$ 2.64
$ 264
$ 21.12
$ 29.04
$ 3696
$ 6336
$ 97.68
$ 187 44
$ 264.00
$ 422 40
$ 607.20
$105600
$1636.80
For monthly consumption over 20,000 cubic feet or 566 cubic meters: $13745 per 100
feet or $0 4852 per cubic meter.
For reclaimed water The rate charged by West Basin Municipal Water District, plus
$0.3056 per 100 cubic feet or $0 1079 per cubic meters.
Where two or more meters are installed in a battery or manifold the service connection
size shall be used for computing the readiness -to -serve charge and the consumption charges
shall be based on the combined total consumption indicated by all the readings of all meters in
the battery or manifold.
SECTION 2 WATER LIFELINE SERVICE.
A. Water Lifeline Rate. Where the customer has properly qualified for lifeline rates
pursuant to Section 2 -B of this Resolution, the bi- monthly readiness -to -serve charge shall be
Meter Size
5/8" x 3/4" meter
3/4" meter... . . . . .
1" meter ... ...............................
BI- Monthly Readiness-
to -Serve Charge
$ 1.32
$ 132
$10.56
In addition, there is a water consumption charge of $0.5678 per 100 cubic feet or $0.2005
per cubic meter for all water consumed up to 1,000 cubic feet or 28 cubic meters. For water
consumed in excess of 1,000 cubic feet or 28 cubic meters bi- monthly, additional charges will be
made in accordance with Section 1 -B of this Resolution.
B. Water Lifeline Rate - Application The water lifeline rate shall be made available
to any resident, upon application for such discount, who meets the following requirements
(1) Applicant must be a resident and user of the water service at the address
specified on the application and service must be in the name of the applicant,
k�' 222
F
(2) Applicant must be a) permanently disabled, or b) applicant and all members
of the household in which applicant resides must have had, for the prior calendar
year, a 'combined adjusted gross income" (as that term is used under the
California personal income tax law), which shall not exceed the amounts set in the
following table-
Maximum Adjusted Gross Annual Income for lifeline Eligibility
A person shall be deemed permanently disabled if the person receives permanent
disability insurance from the U.S Social Security Administration, holds a valid
certificate from the Department of Motor Vehicles indicating a handicap, or
furnishes a statement signed by a licensed physician attesting to the permanent
disability,
(3) The water meter must be for residential use and shall be limited to one inch
or smaller size,
(4) Applications for lifeline rates shall be renewed on an annual basis
Renewal applications shall be accepted by the Director of Finance from April 1
through April 30 of each year
SECTION 3. MONTHLY FIRE SERVICE CHARGE. Fire service connections shall
be billed the following
2"
meter
$
18.95
3"
ea. add
Household Size
1 Person
2 Persons
3 Persons
4 Persons
person
6"
meter....
$
56.85
8"
add
Adt Gross Inc
$17,950
$20,500
$23,100
$25,650
$2,050
A person shall be deemed permanently disabled if the person receives permanent
disability insurance from the U.S Social Security Administration, holds a valid
certificate from the Department of Motor Vehicles indicating a handicap, or
furnishes a statement signed by a licensed physician attesting to the permanent
disability,
(3) The water meter must be for residential use and shall be limited to one inch
or smaller size,
(4) Applications for lifeline rates shall be renewed on an annual basis
Renewal applications shall be accepted by the Director of Finance from April 1
through April 30 of each year
SECTION 3. MONTHLY FIRE SERVICE CHARGE. Fire service connections shall
be billed the following
2"
meter
$
18.95
3"
meter. ....
$
2842
4"
meter.. . . .
$
37.91
6"
meter....
$
56.85
8"
meter. ......
$
7580
10"
meter .. ....
$
9475
SECTION 4. CONSTRUCTION WATER RATES. Construction water rates shall
be as follows
A. Water used on construction jobs shall be metered and the cost shall be one and one -
half times that set forth under the general rates cost,
B. Upon application for service a charge of sixty -four dollars ($64 00) shall be made for
the initial meter installation and an additional charge of thirty -two dollars ($32 00) shall be made
for each meter relocation,
C. A returnable deposit of three hundred forty five dollars ($345.00) for each meter must
be made upon application for service, which deposit shall secure the payment to the City of any
damage suffered and of charges for water served and which has not otherwise been paid
SECTIONS. UNMETERED WATER RATES. For water use through an
unmetered City fire hydrant, a charge shall be made to cover the cost of the water used and other
related expenses of the City Water System The charge shall be sixty -four dollars ($64.00) for
turning the hydrant on and off and for the first ten minutes of flow. An additional charge of $2 41
shall be made for each minute after the initial ten minutes Any use of water from a fire hydrant
other than by the City shall be subject to the foregoing charge
SECTION 6. EFFECTIVE DATE. This Resolution shall become effective July 1,
1995, provided however, that the initial rate schedule set out in Section 1 hereof shall apply to
all water bills issued on or after July 1, 1995 for consumption penods beginning on July 1, 1995
or later
223
SECTION 7. REPEALER. All Resolutions or parts of Resolutions of the City
Council of the City of El Segundo, California, including Resolutions No. 3876 and 3828, in conflict
in whole or in part herewith are hereby repealed
SECTION 8. CERTIFICATION. 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 records of the proceedings
of the City Council of said City, in the minutes of the meeting at which the same is passed and
adopted
PASSED, APPROVED AND ADOPTED this 6th day of June , 1995.
ATTESTED:
Cindy Mortesen
City Clerk (SEAL)
APPROVED AS TO FORM:
( C- /C
1-bland Dolley
City Attorney
4
Carl Jacobson, Mayor
of the City of El Segundo,
California
224
PWASO 438 (SQ5W)
EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk, New Business
Resolution establishing a policy regarding the retention of audiotaped records of City Council Meetings
Discussion
Read by title only
Adopt resolution
Per Council's direction at the May 16, 1995 meeting, a Resolution has been prepared, ready for adoption by the
Council, setting policy for the retention of audio tapes
1 Resolution establishing policy regarding audiotapes
2 Resolution 3707 establishing policy regarding videotapes
Cindy Mortesen, City Clerk
Date:
James W Morrison, City Manager
ACTION TAKEN:
2 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA ESTABLISHING A POLICY
REGARDING RETENTION OF AUDIOTAPED RECORDS OF
CITY COUNCIL MEETINGS.
WHEREAS, the City Council meetings for the City of El Segundo are presently being
audiotaped on a regular basis, and
WHEREAS, it is in the best interest of the City to adopt a policy which permits the
retention of audiotaped records of City Council meetings and insures that these audio tapes
are available to the public
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES
RESOLVE AS FOLLOWS:
SECTION I. The following policy regarding audiotaped records of City Council
meetings is hereby adopted
A Permanently recorded meetings
All regularly scheduled meetings
2 Any meetings designated for permanent recording by the City Council
B Storage
1 Official copy is to be stored in perpetuity in a secured safe approved by
the City Clerk
C Copies
Copies may be purchased from the City Clerk's Office at an amount that
does not exceed the direct costs of duplication
SECTION II That 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 passage and adoption thereof then the records of the proceedings of the
City Council of said City, in the minutes of the meeting at which the same is passed and
adopted
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF JUNE , 1995
ATTESTED:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
eland C Dolley,
City Attorney
Carl Jacobson, Mayor
City of El Segundo,
California
`. 226
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA ESTABLISHING A POLICY
REGARDING RETENTION OF VIDEOTAPED RECORDS OF
CITY COUNCIL MEETINGS
WHEREAS, the City Council meetings for the City of E1
Segundo presently being videotaped on a regular basis; and
WHEREAS, it is in the best interest of the City to
adopt a policy which permits the retention of videotaped records
of City Council meetings and insures that these video tapes are
available to the public.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
DOES RESOLVE AS FOLLOWS:
SECTION I. The following policy regarding
videotaped records of City Council meetings is hereby adopted:
A. Permanently recorded meetings:
1. All regularly scheduled meetings.
2. Any meetings designated for permanent recording by
the City Council.
B. Recordings:
1. Two video tapes shall be produced; one for public
viewing and one for non - viewing (official copy).
C. Storage:
1. Official copy to be stored in perpetuity in a
secured safe approved by the City Clerk.
2. Public viewing copy to be stored at Library for a
maximum of five (5) years.
D. Video Viewing:
1. Video tapes may be viewed at Library or checked
out from the Library as normal reference material.
E. Copies:
1. Copies may be purchased for $15.00 per tape from
the Community Cable Television office.
SECTION II. That 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 then the records of
the proceedings of the City Council of said City, in the minutes
of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 6 th d y of
August , 1991.
YOR
T
CITY CLERK
I. 227
EL SEGUNDO CITY COUNCIL MEETING DATE: June 6, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk, New Business
Resolutions calling for, requesting consolidation, and adopting regulations for Candidates' Statements for a
Municipal Election, November 7, 1995
1 New Resolution calling and giving notice of the holding of a General Municipal Election.
2 New Resolution requesting consolidation with the County of Los Angeles for a Municipal
Election, November 7, 1995.
3 New Resolution adopting regulations for Candidates' Statements
Discussion
Read resolutions by title only.
Adopt resolutions
The Municipal Election for Councdmembers, City Treasurer, and City Clerk is to be hell November 7, 1995. To
proceed with the reulations set forth by the Government Code, these resolutions should be adopted before the
opening of nominations beginning July 3, 1995 and ending August 11, 1995 (extended date August 16, 1995)
Resolution calling the election
Resolution requesting consolidation.
Resolution adopting regulations for candidate statements
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget
Amount Requested: $32.370
Project/Account Budget: $32.370
Project/Account Balance: $32.370 Date:
Account Number. 1302
Project Phase:
Appropriation Required - Yes No X
ice.. e� w iu ..:.. . Q4X urs..,ge.
ACTION TAKEN:
228
Elect -2 SR
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 7, 1995, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provision of the laws relating to general law cities in the State of
California a General Municipal Election shall be held on November 7, 1995, for the election of
Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of California relating to
General Law Cities, there is called and ordered to be held in the City of El Segundo,
California, on Tuesday November 7, 1995, a General Municipal Election for the purpose of
electing three Members of the City Council, City Clerk, and City Treasurer, for the full term of
four years,
SECTION 2. That the ballots to be used at the election shall be in form and content
as required by law
SECTION 3. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election
SECTION 4. That the polls for the election shall be open at seven o'clock A M of the
day of the election and shall remain open continuously from that time until eight o'clock P M
of the same day when the polls shall be closed, except as provided in Section 14301 of the
Elections Code of the State of California
SECTION 5. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, and manner as required by law
SECTION 7. That the City Clerk shall certify to passage and adoption of this
Resolution and enter it into the book of original Resolutions
PASSED, APPROVED AND ADOPTED THIS DAY OF , 1995.
Carl Jacobson, Mayor
ATTEST:
Cindy Mortesen, City Clerk
(SEAL)
APPROVED AS TO FORM:
C.L(
C1 Attorney
229
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO CONSOLIDATE THE REGULAR MUNICIPAL
ELECTION WITH THE SCHOOL ELECTION TO BE HELD
ON THE DATE PURSUANT TO SECTION 23302 OF THE
ELECTION CODE.
WHEREAS, it is desirable that the Municipal Election be
consolidated with the School election to be held on the same date
and that within the city the precincts, polling place and
election officers of the two election be the same, and that the
County Election Department of the County of Los Angeles, canvass
the returns of the Municipal Election and that the election be
held in all respects as if there were only one election;
NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section
23302 of the Election Code, the Board of Supervisors of the
County of Los Angles is hereby requested to consent and agree to
the consolidation of the Regular Municipal Election with the
School election for the purpose of the election of members of the
City Council, and /or Clerk and Treasurer.
SECTION 2. That the County election department is
authorized to canvass the returns of the Special Municipal
Election. The election shall be held in all respects as if there
were only one election, and only one form of ballot shall be
used.
SECTION 3. The Board of Supervisors is requested to
issue instruction to the County election department to take any
and all steps necessary for the holding of the consolidated
election.
SECTION 4. That the City of E1 Segundo recognizes that
additional costs will be incurred by the County by reason of this
consolidation and agrees to reimburse the County for any costs.
SECTION S. That the City is hereby directed to file a
certified copy of this resolution with the Board of Supervisors
and the County election department of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into the
book of original Resolutions.
PASSED, APPROVED, AND ADOPTED ON THIS
, 1995.
Carl Jacobson, Mayor
ATTEST:
Cindy Mortesen, City Clerk
(SEAL)
DAY OF
AP 70VED AS TO FORM
�E: �� 230
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR THE
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 7, 1995.
WHEREAS, Section 10012 of the Elections Code of the State of California provides
that the governing body of any local agency adopt regulations pertaining to material prepared
by any candidate for a municipal election, including costs of the candidates statement
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS
SECTION 1. That pursuant to Section 10012 of the Elections Code of the State of
California, each candidate of elective office to be voted for at an Election to be held in the City
of El Segundo, on November 7, 1995 may prepare a candidate's statement on an appropriate
form provided by the City Clerk The statement may include the name, age, occupation of the
candidate and a brief description of no more than 200 words of the candidate's education and
qualifications expressed by the candidate himself or herself The statement shall not include
party affiliation of the candidate, nor membership or activity in partisan political organizations
The statement shall be filed in the office of the City Clerk at the time the candidate's
nomination papers are filed The statement may be withdrawn, but not changed, during the
period for filing nomination papers and until 5 00 P M of the next working day after the close
of the nomination period
SECTION 2. The City Clerk shall have translated and printed in the voters pamphlet
only the candidates statements of those candidates who request translation and printing.
SECTION 3. No Candidate will be permitted to include additional materials in the
sample ballot package
SECTION 4. The City Clerk shall estimate the total cost of printing, handling,
translating and mailing the candidates statements filed pursuant to the Elections Code, and
require each candidate filing a statement to pay in advance his or her pro rata share as a
condition of having his or her statement included in the voters pamphlet The City Clerk shall
bill each candidate for any cost in excess of the deposit or shall refund within 30 days of the
election any unused portion of the deposit
SECTION 5. The City Clerk shall provide each candidate or the candidates'
representative a copy of this Resolution at the time the nomination petitions are issued
SECTION 6. That all previous resolutions establishing Council Policy on payment of
candidates' statements are repealed
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions
PASSED, APPROVED AND ADOPTED ON THIS DAY OF 1995.
Carl Jacobson, Mayor
ATTEST:
Cindy Mortesen, City Clerk
(SEAL)
APPROVED AS TO FORM:
Cl Attorney
231
May 23, 1995
TO Mayor and City Council
FROM Councilwoman Jane Friedkm
SUBJECT Agenda item for June 6, 1995 Agenda
------------------------------------------------------------------
------------------------------------------------------------------
agenda
There are two items I would like to have placed on the June 6, 1995
1 Request to have presentation and discussion at future Council
meeting regarding City preparedness for emergencies and need
for public involvement and participation in emergency responses
Recommendation - Direct Staff to schedule presentation.
2 Discussion regarding approved street tree list and policy regarding
planting /replacement of street trees
Recommendation - Discussion, direction to Staff and possible
action.
232
May 26, 1995
Mr James Morrison, City Manager
350 Main Street
El Segundo, CA 90245
Dear Mr, UGn;lsea, Jim
Here are my agenda items for the 6 -6-95 7:00 PM open session of the El Segundo City Council:
(1) REDUCTION IN BUSINESS LICENSE FEE LATE PENALTIES.
(1) Discussion and possible action relating to reducing the business license fee late penalties from the
present twenty percent per month penalty specified in E S.M.C. &D4.220.
(2) SAVE MONEY BY HIRING AN IN -HOUSE CITY ATTORNEY OR PUTTING CITY ATTORNEY
CONTRACT UP FOR COMPETITION FOR FIRST TIME IN MORE THAN TEN YEARS.
(1) Councilman Robbins to give an oral report,
(2) Discussion and possible action relating to the cost savings of hiring an in -house City Attorney or putting
the City Attorney contract up for competition for the first time in more than ten years
(a) Hire an in -house City Attorney to handle routine legal business, contract out specialized legal
services to the best law firm at the best price, and audit legal bills, or
(b) Put the legal services contract up for competition.
Michael D. Robbins, Councilman
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 322 -4314, (310) 607 -2200
Councilman Robbins' WWS agenda Items Page 1 of 1 May 26, 19115
233
EL SEGUNDO MUNICIPAL CODE Page 5 -10
Title 5 - BUSINESS REGULATIONS AND LICENSING
mentioned at a fixed place shall keep the license conspicuously
posted and exhibited in the place of business while the same is
in force. Every person having the license and not having a fixed
place of business shall carry or transport the license with him
at all times while conducting the business. (Ord. 776).
5.04.190 RENEWAL.
Every person having a license issued under the provisions of
this title shall exhibit the same to the director of finance or
his authorized deputy when applying for a renewal thereof, and
whenever requested to do so by any police officer of the city or
by any inspector or officer thereof authorized to issue or
inspect licenses to collect license fees. (Ord. 776).
5.04.200 VEHICLE TAGS.
In all instances in which a license is required under the
provisions of this title and a vehicle is used in conducting the
business, the licensee shall request and the director of finance
shall furnish the licensee with a suitable license tag or plate
therefor, which tag or plate shall be permanently displayed in a
seven -inch square in the lower corner of the windshield farthest
removed from the driver. The sum of fifty cents for the tag or
plate shall be paid by the licensee. (Ord. 1054).
5.04.210 REVOCATION.
All licenses issued under this title are granted and accepted
by all parties receiving licenses with the express understanding
that the city council may revoke the same at any time if
satisfied that any of the conditions of the license or terms of
this title have been violated, that the license was obtained by
fraudulent representation or that the holder of the license is an
unfit person to be trusted with the privileges granted by the
license; provided, however, that no license shall be revoked
without first giving the holder an opportunity to appear before
the city council in his own behalf. On the revocation of the
license no part of the money in the hands of the city shall be
returned but the license fee shall be forfeited to the city. When
the license of any person is revoked for any cause no new or
other license shall be granted to the same person within six
months from the date of the revocation. (Ord. 776).
5.04.220 PENALTIES AND INTEREST.
A license for a business from other than a fixed place of
business within the City is due and payable upon the first day of
business activity, and delinquent thereafter.
(June, 1994)
234
EL SEGUNDO MUNICIPAL CODE Page 5 -11
Title 5 - BUSINESS REGULATIONS AND LICENSING
A license for a new business with a fixed place of business
within the City is due and payable upon the first day of business
activity, and delinquent five (5) days thereafter.
A license for a business previously licensed, or doing
business in the City during the prior tax year from a fixed place
of business, is due and payable the first day of January, and
delinquent the first day of February.
(a) Interest. Any person who fails to pay any tax required
to be paid by this title shall pay interest at the rate
of one percent (1 %) per month, or fraction thereof, on
the amounts of the tax, exclusive of penalties, from the
date on which the tax first became delinquent until paid.
Interest shall run during any period of time for which an
extension of time has been granted by the City for
payment of the tax. Interest required by any of the
provisions of this title shall not be subject to waiver
or compromise except as the City Council may direct.
Said interest shall not be compounded, but shall be on
principle only.
(b) Penalties. All taxes imposed by this title shall be
subject to the following penalties.
(1) Delinquency. Any person who fails to pay any tax, or
any fraction thereof required to be paid by this title
within the time required, shall pay a penalty of twenty
percent (20 %) per month of the amount of the unpaid
tax. Such penalty shall not exceed 100% of the tax for
any calendar year for each year that the tax is unpaid.
This penalty shall accrue on the first day of each
calendar month for which the tax remains unpaid.
(2) Fraud. If the City official administering the tax,
after notice to taxpayer and hearing determines that
the nonpayment of any tax due under this chapter is due
to fraud, a penalty of ninety percent (90 %) of the
amount of the unpaid tax shall be added thereto, in
addition to any other penalties set forth in this
section. Where, after notice and hearing to the
taxpayer, the City determines that a corporate
director, officer, or shareholder is responsible for
the fraud resulting in the nonpayment of the tax of a
corporation, the City may designate the tax, interest,
and penalties unpaid, including the penalty provided
for in this subsection due to said fraud as a personal
debt of said director, officer, or shareholder.
(3) Merger of Interest and Penalties. Such interest as is
accrued, and every penalty imposed under the provisions
(June, 1994)
235
EL SEGUNDO MUNICIPAL CODE Page 5 -12
Title 5 - BUSINESS REGULATIONS AND LICENSING
of this section, shall become a part of the tax
required to be paid under this title.
(4) Penalties on Principle. All penalties imposed
hereunder shall be calculated on principle only, and
shall not be compounded. (Ord. 1168).
5.04.222 CREDIT FOR PENALTIES PAID.
A credit against the Business License Tax for past penalties
paid shall be granted beginning with the tax due in January,
1992, to be calculated and administered as follows:
(a) For The Tax Due January 1, 1992
Any taxpayer who has been assessed and has, by September 10,
1991, paid a penalty for the tax year 1989 and/or 1990 and/or
1991, shall receive a credit in a sum equal to fifty percent
(50 %) of the penalty paid, to be applied against the Business
License Tax due in January 1, 1992 and years thereafter. Said
credit shall only be effective if the entire tax (less the
credit) is paid before February 1, 1992. As provided for in (c)
below the credit granted hereunder may be carried over from year
to year until exhausted.
(b) For Subsequent Tax Years
Any taxpayer who has been assessed a penalty and paid that
penalty by September 30 in the year prior to the January 1 a tax
is due, may claim a credit against that tax in the amount of 50%
of said penalty paid if the tax (less the credit) is paid before
February 1 of the year in which the tax is due.
(c) For All Tax Years
City Staff shall calculate the credit granted hereunder, and
reflect the amount of said credit upon tax statements mailed to
taxpayers.
No tax, to which the credit granted hereunder is applied,
shall be reduced by said credit to less than 50% of the amount
due before application of the credit, in any tax year. However,
where the amount of the credit exceeds 50% of the tax due in any
given year, the unused balance of the credit may be carried over
to future tax years and applied to the tax then due so long as
the full amount of the tax (less the credit) is paid by February
1st of the year in which the tax is due. (Ord. 1187).
(June, 1994)
236
EL SEGUNDO MUNICIPAL CODE Page 5 -13
Title 5 - BUSINESS REGULATIONS AND LICENSING
5.04.230 FEE TO BE DEBT TO CITY.
The amount of any license fee imposed by this title shall be
deemed a debt to the city, and any person commencing or
conducting any business without having a license under this title
so to do shall be liable to an action by the city in any court of
competent jurisdiction for the amount of the license fee imposed
by this title on the business. (Ord. 776).
5.04.240 COMPLAINTS AGAINST VIOLATORS.
It is the duty of the chief of police to cause a complaint to
be made against all persons violating any of the provisions of
this title, and as soon as he has knowledge of the same, to
deliver to the director of finance the names of all persons not
paying a license whom he believes should be charged with the
payment of a license fee. (Ord. 776).
5.04.250 FAILURE TO PAY FEE.
The conviction and punishment of any person for commencing or
conducting any business without a license as required by the
provisions of this title, or without a special permit from the
city council when required, shall not excuse or exempt the person
from the payment of any license fee due or unpaid under this
title at the time of the conviction, and nothing contained in
this title shall prevent a criminal prosecution for any violation
of any of the provisions of this title. (Ord. 776).
5.04.255 SMALL INCOME BUSINESSES.
Upon the filing of an application for a small income business
license and an affidavit stating, among other things, that the
volume of contemplated business would be so small that the
regular business license fee therefor would impose a hardship of
unfair proportions; and upon the city council's finding and
determining that the representations are true and correct, the
city council may order the issuance of a small income business
license which shall be for the current fiscal year, and shall be
issued upon payment of a twelve dollar license fee. (Ord. 1054).
5.04.260 ENFORCEMENT.
All police officers of the city and all other authorized
persons shall have and exercise their power to enter, free of
charge, any place of business for which a license is required and
provided, and to demand the exhibition of the license for the
current term from any person engaged or employed in the
transaction of the business, and the person then and there shall
exhibit the license. (Ord. 382).
(June, 1994)
237
(2) SAVE MONEY BY HIRING AN IN -HOUSE CITY ATTORNEY OR PUTTING CITY ATTORNEY
CONTRACT UP FOR COMPETITION FOR THE FIRST TIME IN MORE THAN TEN YEARS.
(1) Councilman Robbins to give an oral report,
(2) Discussion and possible action relating to the cost savings of hiring an in -house City Attorney or putting
the City Attorney contract up for competition for the first time in more than ten years
(a) Hire an in -house City Attorney to handle routine legal business, contract out specialized legal
services to the best law firm at the best price, and audit legal bills, or
(b) Put the legal services contract up for competition
At the May 16, 1995 City Council meeting, I issued the following report which shows that the City Council
may save more than a quarter million dollars in public funds each year ( > $20,000 per month ) by canceling the
existing legal services contract and either (1) Hire an in -house City Attorney to handle routine legal business,
contract out specialized legal services to the best law firm at the best price, and audit the legal bills, or (2) Put the
legal services contract up for competition by issuing a Request for Proposal
The report information was all public record, and was the proper subject of a public "open session" City
Council meeting However, no action was taken on this item even though every City Council meeting that passes
without action on this matter may be costing El Segundo tax payers more than $10,000 in excess City Attorney
costs These excess expenditures do not benefit a single resident or business in El Segundo The high cost of the
City's legal services was even recognized as an important issue in campaigns for the last two City elections (April
1992 and April 1994)
The City of El Segundo spends a substantial amount of public funds on legal services At present, most of
the legal services are provided under contract with the law firm of Burke, Williams, & Sorensen (hereinafter
referred to as "BW &S ") This contract has not been put out for competition in at least ten years, although the City
has spent approximately $900,000 to $1 5 million annually in recent years for legal services It is now a buyer's
market for lawyers and legal services, and the City may save many hundreds of thousands of dollars in public
funds every year by taking a serious look at alternative methods of providing legal services, including an appointed
in -house City Attorney or sending out a Request For Proposal soliciting competitive proposals
Most of the costs of an in -house City Attorney, including office space and equipment, a law library, and a
paralegal are already provided in City Hall as part of the City budget The only additional costs would be to provide
an attorney (salary, benefits, memberships, travel, and continuing education), some additions to the existing law
library, and access to an on -line computer research service, totaling about $175,000 annually In addition to saving
money, an in -house City Attorney would provide a higher level of service by working in City Hall five days per
week rather than the present one day per week under the contract with BW &S
The Cities of Bell and Baldwin Park have each realized significant legal cost savings, of about fifty percent
(50 %), after putting their legal services contract up for competition These two cities formerly contracted with
BW &S as El Segundo does currently In the case of the City of Bell, the BW &S proposal was significantly more
competitive than their then existing legal services contract with the City of Bell, but the BW &S proposal was still
Councilman Robbins' 6/6195 agenda items Page 1 of 2 ��/ e " May 30, 1995
238
not among the three most competitive proposals City of Bell officials are satisfied with the results of their new
contract law firm and are confident that they made the correct decision
The City of Manhattan Beach, at Its May 16, 1995 public open - session City Council meeting, discussed
changing to an in -house City Attorney or putting their existing legal services contract with BW &S up for
competition This agenda item was continued to the June 6, 1995 open - session City Council Meeting as agenda
item #20 (under Community Affairs) BW &S has offered Manhattan Beach significant cost reductions which are still
above the market level cost For example, in a letter dated December 15, 1993, BW &S offered Manhattan Beach a
reduction in City Prosecutor Services from $150 per hour to $110 per hour, a 27 percent reduction However, a
Manhattan Beach study showed that the Cities of Hermosa Beach and Redondo Beach obtained this same type of
legal service for a market rate of only $75 per hour, which is half the original BW &S rate In a letter dated May 11,
1995, BW &S offered Manhattan Beach an additional rate reduction for this service from the reduced rate of $110
per hour to an even lower $95 per hour, a 14 percent reduction, for a total reduction of 37 percent, but the new
BW &S rate was still 28 percent above the market rate In the May 15, 1995 letter, BW &S also offered Manhattan
Beach a rate reduction from $145 per hour to $120 per hour for City Attorney office hours at City Hall, a reduction
of 17 percent
An audit of BW &S bills for legal services covering a 14 -month period was completed on March 10, 1995, it
showed that BW &S billed the City of El Segundo approximately $145,839 in unsubstantiated charges and non-
billable services Such an audit can detect bills that are not consistent with the actual work product, but cannot
detect excessive bills due to unnecessary work that was actually performed, legal mistakes, or the practice of
"cross - selling" whereby work that can be performed by a generalist is assigned to a more expensive specialist (or
a generalist who is represented to the client as an experienced specialist and billed at a higher hourly rate)
Although it may be tempting to demand a refund for some or all of the questionable billings, it is unlikely that such
a refund would be forthcoming, and the cost of further delay in canceling the existing legal services contract may
waste more than $20,000 per month for many more months
The attached documentation was provided with my May 16, 1995 City Council report, and is provided here
for your reference Attached are photocopies of the relevant pages of the May 16, 1995 Manhattan Beach City
Council Meeting Agenda, the two above referenced letters, a report from a Manhattan Beach study on the costs
and benefits of having an in -house City Attorney, and a letter from the Rancho Mirage City Attorney stating that a
city should hire in -house counsel if it is spending more than about $300,000 to $350,000, or $400,000 maximum
Also attached is a sample Request For Proposal for legal services that was used by the City of Bell with
successful results
This Council report is respectfully submitted May 30, 1995, by Councilman Michael D Robbins, for
consideration at the June 6, 1995 City Council meeting
Michael D. Robbins, Councilman
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310)322-4314,(310)607 -2200
Councilman Robbins' 616195 agenda items Page 2 of 2 May 30, 1996
239
(6) STATUS OF CITY ATTORNEY BILL AUDIT, PROSPECTS FOR REDUCTIONS IN PAST BILLINGS AND
IN THE CITY ATTORNEY BUDGET FOR FY'95/96 CITY BUDGET, AND ALTERNATIVE METHODS OF
PROVIDING CITY ATTORNEY SERVICES.
RECOMMFNDATION
Discussion and possible action relating to the City Attorney
alternative methods of providing City Attorney services incudinaudit, y of the follow�g and budget, and
(1) Hire an in -house City Attorney to handle routine legal business, contract Out specialized legal
services to the best law firm at the best price, and audit legal bills,
(2) Put the legal services contract up for competition,
(3) Continue contracting legal services from Burke, Williams, &Sorenson at reduced cost, if possible
The City of El Segundo spends a substantial amount of public funds on legal services At present, most of
the legal services are provided under contract with the law firm of Burke Williams, & Sorenson (hereinafter
referenced as "BWS "), This contract has not been put out for competition in at least ten years, although the City
has spent approximately $900,000 to $1 5 million annually in recent years for legal services It is now a buyers
market for lawyers and legal services, and the City may save many hundreds of thousands of dollars in public
funds every year by taking a serious look at alternative methods of Providing legal services, including an a
In -house City Attorney or sending out a Request For Proposal soliciting competitive 9 9 appointed
The Cities of Bell and Baldwin Park have each realized significant le a' cst savings olf about fi
(50 %), after putting their legal services contract UP for competition• These two cities formerly contracted with
ent
Burke, Williams, & Sorenson as EI Segundo does currently In the case of the City of Bell, the BWS proposal was
significantly more competitive than their existing legal services contract with the City of Bell, but the BWS
proposal
was still not among the three most competitive proposals City of Bell Officia
new contract law firm and are confident that they made the correct ct is are satisfied with the results of their
The City of Manhattan Beach, at its May 16, 1995 city council meeting, is considering changing to an in-
house City Attorney or Putting their existing legal services contract with Burke, Williams, & Sorenson up for
competition BWS has offered Manhattan Beach significant cost reductions which are still above the market level
cost For example, in a letter dated December 15, 1993, BWS offered Manhattan Beach a reduction in City
Prosecutor Services from $150 per hour to $110 per hour, a 27 percent reduction However, a Manhattan Beach
study showed that the Cities of Hermosa Beach and Redondo Beach obtained this same type of service for a
market rate of only $75 per hour, which Is half the original BWS rate In a letter dated May 11, 1995, BWS offered
Manhattan Beach an additional rate reduction for this service from the reduced rate of $110
lower $95 per hour, a 14 Percent reduction, for a total reduction of 37 Per hour to an even the Percent above the market rate In the May 15, 1995 letter, BWS also Offered nManhattan Beach a rate was still 28
from $145 per hour to $120 per hour for City Attorney office hours at City reduction
Attached are photocopies of the relevant pages of the May ty Hall, a reduction of 17 Percent
Agenda, the two above referenced letters, a report from y 16' 1995 Manhattan Beach City Council Meeting
P om a Manhattan Beach study on the costs and benefits of
having an in -house City Attorney, and a letter from the Rancho Mirage City Attorney staling that a city should hire
in -house counsel if JIM spending more than about $300,000 to $350,000, or $400,000 maximum Also attached 1
a sample Request For Proposal for legal services that was 5
used by the City of Bell with successful results
This updated staff report Is respectfully submitted May 16, 1995, by Councilman Michael D Robbins
Councilman Robinns' 511SMS agenda staff report
Page 1 of 1 � • 4� ��i�
x'�2' Mry 10, 1995
240
S -/d -qs
95/0516.18
Aq 3'qh
M e e f i'h9
J�age-17, CA
/¢9 eh d g
Presentation from Leadership Manhattan Beach of the Leadership
Project for 1995. ACCEPT PRESENTATION
95/0516.19 Presentation of Legal Services Study.
C
DISCUSS AND PROVIDE DIRECTION
95/0502.25 -20 Continued Fiscal Year 1995 -96, 1996 -97 Budget Discussions.
ACCEPT PRESENTATION AND PUBLIC INPUT
The audience may comment on any of the Scheduled items. Please move to the lower
seats immediately behind the podium f you wish to address the Council. The Mayor,
with the consent of the Council, may, if deemed necessary, impose time limits for public
comment.
The matters removed from the Consent Calendar will be considered individually at this
time. 77se audience may comment on any matter that was pulled from the Consent
Calendar.
N.
• - 0 • 1: ►1 i_ZM
-5-
241
Mayor and Members
City of Manhattan
December 15, 1993
Page 13
of the City Council
Beach
BW &S recommends that the City Council consider an
alternative to the employment of a full -time staff city attorney.
The alternative recommended would result in continued receipt by
the City of quality city attorney services consistent with the
City's needs, at what will be demonstrated to be at a reasonable
cost.
It is recommended that the City Council employ
Timothy B. McOsker and the firm of Burke, Williams & Sorensen as
City Attorney for a trial period of six months, with adjustments
in rates for City Prosecutor service and implementation of cost
reduction programs for the City. If the City Council's
expectations relative to cost - effectiveness of City Attorney
service are not realized at the end of the six month period, then
the City could revisit and implement the major policy shift to
full -time staff city attorney services.
Specifically, it is proposed that the prosecution
service provided by Burke, Williams & Sorensen be at a reduced
rate, from $150 per hour to $110 per hour, a 274 reduction. The
employment of our firm as City Prosecutor was pursued on an
interim basis only at the outset and should be at this time
reduced in cost to the City if alternative prosecution services
are not considered feasible.
As part of the continued representation by Burke,
Williams & Sorensen, our firm would offer to provide to the City
a seminar to explore litigation avoidance techniques and many
legal service cost reduction programs. This seminar is in the
planning stage currently and is anticipated to be provided to all
of our city clients at no cost to the clients.
The subjects which will be covered and recommended at
the cost - effectiveness seminar include the following:
1. establishing controlled access to the
City Attorney -- funneling all requests
for City Attorney service either through
the City Manager or through department
heads.
2. Establishing separate accounts by City
departments to enhance accountability
LAX mwI
242
LAX rnaI
Mayor and Members of the City Council
City of Manhattan Beach
December 15, 1993
Page 14
and responsibility of each department
for City Attorney services.
3. Send documents to the City Attorney
prior to meetings. This will provide
for more efficient and effective
meetings and will reduce legal service
time.
4. Increase staff familiarity with facts by
requiring preparation of a written
memorandum prior to City Attorney
consultation. Often, facts come much
more clearly into focus when a staff
member reduces them to writing.
5. Schedule office hour appointments.
6. Use of City internal resources, such as
knowledgeable staff members for routine
matters (City Clerk; Assistant City
Clerk; Community Development staff).
7. Provide for direct accessing of the
specific attorney at BW &S assigned to a
project.
S. Encourage Staff and Counsel to communicate goals
to the City Attorney and establish, what does the
City really want to accomplish.
9. Keep City Attorney informed by copies of
correspondence and documents, by follow -up calls,
and by advice when to stop work.
10. Establish realistic deadlines.
11. Provide timely responses to City Attorney
inquiries.
12. Early involvement of City Attorney to avoid a time
crunch.
13. Pass through fees to developers and others when
possible.
243
t
Mayor and Members of the City Council
City of Manhattan Beach
December 15, 1993
Page 15
14. Set user fees to cover legal costs as well as
others.
15. Utilize facsimile transmissions only when
necessary.
16. Make copies at City Hall (less expensive than
BW &S).
17. Use interoffice computer capabilities between City
Hall and BW &S's office.
18. City Attorney to advise City Staff when we
consider assignment of a matter to a specialist.
19. Review with police and other law enforcement
personnel enforcement of law avoiding
prosecutions, issuance of warnings in lieu of
citations, reclassification of low level
violations to infractions to reduce court
appearances and contests.
Attached as Exhibit G to this letter is a copy of a
draft letter under consideration for implementing cost - effective
programs with city clients.
SUMMARY
Burke, Williams & Sorensen has served the City of
Manhattan Beach with integrity and considerable success for over
25 years.
It is time for a change but only of Burke, Williams &
Sorensen personnel to serve the legal needs of the City. It is
time for Tim Mcosker to take over as City Attorney, provide a new
and vigorous representation, working closely with staff to reduce
costs of the legal services. It can be done to the great
advantage of the City retaining the good quality representation
to which this fine City is entitled.
ME
Mayor and Members
City of Manhattan
December 15, 1993
Page 16
of the City Council
Beach
By the way, my replacement of the prior City Attorney
in 1968 had nothing to do with costs as noted in the City
Manager's report. The prior City Attorney of 12 years standing
was functioning as a "sixth council member" and participating in
policy decisions. objective legal advice was the goal of the
City in retaining our firm and that is what the City received for
over 25 years.
Your courtesy and consideration are appreciated.
CKN /sjw
Attachments
ux Tnw i
74CARL ' ely
. N EWTON
of BURKE, WILLIAMS & SORENSEN
245
r—Fr*-xFu- -T
Honorable Mayor Lilligren and
Members of the City Council
City of Manhattan Beach
May 11, 1995
Page 6
the City Manager's staff meetings. This is a procedure followed by a number of our cities
and has proven successful for giving immediate legal advice on new matters that come up.
In addition, we would be happy to consider adding additional 'office hours' time if the City
Council or City Manager deems it necessary and cost effective.
2. The City's Risk Manager is now responsible for
reviewing legal bills, including those of the contract City Attorney. He works with the
City's claims adjusting company to monitor work by attorneys defending the City against
personal injury lawsuits. He has experience in reviewing legal bills and for the past year has
been resolving any questions with the City Attorney about matters raised by staff over City
Attorney bills. We believe this system is working and there is no need for an in -house City
Attorney to do this. The current City Attorney reviews the bills of other BWS attorneys and
regularly makes adjustments and reductions before the bills are set to the City.
We would be pleased to assist the Risk Manager in establishing additional guidelines
for fee review of non -tort litigation and reviewing the bills of outside counsel.
3. Cily Prosecutor Services. As a competitive response to the Study, we propose
a reduction in the hourly rate charged for these services by BWS. Our current rate is $110,
whereas the Study indicated that the cities of Hermosa Beach and Redondo Beach obtain such
services for $75 per hour. We will reduce our rate to $95 per hour. Alternatively, the City
may want to investigate the possibility of contracting with a different law firm for this work
at the $75 rate as done by those two cities. And, if such a firm is hired, the City should
evaluate that work after a period of time to determine if the City's needs are being met.
4. Reduction in Basic _City Ann= Rate. In order to provide for greater
accessibility and recognizing the importance of the City's Attorney's contacts with staff, we
propose office hours at City Hall be billed at $120 per hour instead of the current $145 per
hour. This reduction is in further recognition of the fact that the City has increased the areas
where it retains BWS to do specialty work, e.g., workers compensation and personnel
matters. We appreciate the opportunity to be considered and compete for providing these
additional legal services to the City.
246
Honorable Mayor Lilligren and
Members of the City Council
City of Manhattan Beach
May 11, 1995
Page 7
Also, BWS will shortly be implementing some revised billing procedures that will
reduce charges to the City. Technological innovations contribute towards enabling us to
reduce cost recovery on certain charges. Also, we already are alert to ways of using BWS
and City computer compatibility to reduce costs and expedite document transference via
modem, instead of via the mail, messenger, or FAX.
V. CONCLUSION
We hope that the above information is helpful to you in evaluating whether to
continue contracting for city attorney services or to go 'in- house'. We believe that the City
would be best served by continuing to contract with BWS for this work. We have proposed
the above changes which we feel further justify that conclusion.
The attorneys at Burke, Williams & Sorensen value very much the privilege of
serving the City of Manhattan Beach. We have developed a strong loyalty to the City. We
very much hope that this relationship continues. If you have any questions or wish further
information, we would be happy to respond.
Enclosure
1-...2.12!!231
247
CITY OF MANHATTAN BEACH
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Geoff Dolan, City Manac
DATE: May 16, 1995
SUBJECT: City Attorney Services
Enclosed you will find an analysis and recommendation concerning how the City of Manhattan
Beach should acquire future legal services This issue was established as a high priority at the
Council Work Plan Meeting, and I understand was discussed last year but deferred in part, pending
the hiring of a new City Manager
I would like to recognize Howard Fishman who was largely responsible for collecting the
information and writing the report Additionally, I want you to know the entire senor staff reviewed
and contributed to this report, and without exception, the Department Heads concur with the
recommendation
My personal experience has been in organizations with in -house City Attorney services During my
years as a City Manager, I have previously observed all of the advantages identified in the report and
few of the disadvantages I am convinced hiring a full -time, in -house city attorney is in the best
interest of the City of Manhattan Beach
I know we have attached a great deal of information for your review, however, the first report is the
most critical and it thoroughly explains the issues Other attachments are provided in the interest
of "full disclosure," and were previously reviewed by the last City Council I wanted
Councilmembers Jones and Cunningham to have copies
Please feel free to call Howard or myself if you have questions, or would like additional information
Thank you
GD /ap
Attachments
1CP195
RK
CITY OF MANHATTAN BEACH
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Geoff Dolan, City Manager
Howard Fishman, Risk Manager
DATE: May 16, 1995
SUBJECT: City Attorney Study
RECOMMENDATION
That the City Council approve conceptually the hiring of a full time in -house City Attorney and direct
the City Manager to develop appropriate enabling documents for the next City Council meeting.
BUDGET EMUCATION
For FY 1995 -96, the estimated cost to employ a full-time staff attorney and secretary is $265,000 whereas
the contract City Attorney proposed a budget for $286,125.
Due to a significant increase in legal fees from 1988 to 1994, former City Manager, Bill Smith, brought
forth a recommendation to the City Council in May, 1993, to employ the firm of Ralph Andersen and
Associates to provide a cost/benefit analysis of the City's legal services. The focus of this study was on
the method of delivery of legal services, and the outcome of the study was to recommend methods to
decrease legal services costs.
The study concluded that a change from contract legal services provided by Burke, Williams & Sorensen
(BWS) to an in -house staff attorney would save the City a significant amount of money, not only in direct
costs, but also through proactive involvement in City programs and activities.
Former City Manager Smith intended to return to Council recommending the hiring of an in -house attorney
in a report dated 12/2/93. However, before Council considered that option, Burke, Williams & Sorensen
submitted to the City Council a revised work plan and fee schedule. This new schedule was intended to
give the City the same legal service while at the same time change the manner in which the legal services
were used in order to be more tort effective to the City. These modifications included:
- Resignation of Carl Newton, contract City Attorney for 26 years
- Replacement with Tim McOsker, Mr. Newton's assistant in the contract
- A reduced hourly rate from $150 to $145
- Reduction in the hourly rate of contract City Prosecutor from $145 to $110
- Submission of an annual budget reflecting total savings to the City
249
In January 1994, the City Council took action to retain the contract City Attorney on an interim basis
pending further review. In September 1994, Tim McOsker resigned and was replaced with current Interim
City Attorney Tom Wood. During this tithe, BWS has continued to provide the City with legal services
pursuant w the revised work plan, and they submitted a budget of $305,400 for FY 1994 -95.
On February 25, 1995, the City Council met with the new City Manager, Geoff Dolan, to formulate a
strategic work plan for the City. One element of this work plan was to be an analysis of City legal
services. This aspect of the work plan was discussed as a two -step process. The first step was an analysis
and decision regarding the method of acquiring legal services. Specifically, should the City continue with
a contract City Attorney or switch to an in -house legal advisor. Based upon the decision reached in step
one, the second step is either initiating the process of employing an in- house legal advisor or maintaining
a contract attorney by keeping BWS or soliciting bids for legal services from other law firms.
Thus, this report will analyze this work plan item and will weigh pertinent factors to make a
recommendation to continue contract legal services, hire in -house legal staff or recommend other
alternatives. In preparing this study, written reports were reviewed from other comparable cities which
use either contract or staff attorneys. In addition, interviews were conducted with contract and staff city
attorneys. Analyses were made of material from the League of California Cities, the agenda item prepared
by Bill Smith dated 12/2/93, the Ralph Andersen Legal Services Report dated 9/23/93, recent BWS
invoices and legal services information provided by former Manhattan Beach contract City Attorney Carl
Newton dated 12/15/93. The Bill Smith, Ralph Andersen and Carl Newton reports are attached for
reference.
In order to fully study this subject, the report will contain the following areas:
1. Profile of current legal services
2. Analysis of current contract city attorney services & expenses
3. Options for future legal services
a. Hire in -house legal staff to handle the majority of all City legal requirements.
b. Continue to use a contract city attorney and request proposals for legal services or
continue to use the current legal firm.
4. Summary and recommendations
4■,i • =►- BFT7. u
Since 1968, BWS has provided city anoray services for Manhattan Beach. BWS is a hill service legal
firm with offices in California and Kansas specializing in municipal law. Carl Newton was the City
Attorney from 1968 until he was replaced, for a brief period, by his assistant, Tam McOsker in 1994.
Tom Wood was appointed by the City Council in an interim capacity on 10/18/94. The City Council
adopted Resolution No. 5130 (see attachments) which outlines the appointment, duties and compensation
of the Interim City Attorney and other BWS firm members. The duties of the City Attorney include
attending Council meetings and other board and commission meetings upon request, providing legal advice
and opinions, preparing resolutions and ordinances, reviewing legal contracts, agreements and documents,
representing the City in civil litigation and administrati ve proceedings except tort and workers'
compensation matters, and providing prosecution services. In addition to the above duties, the City
Attorney also reviews all council agenda packets and responds to staff inquiries on matters pertaining to
personnel, cable T.V., zoning codes, planning law, records retention and bankruptcy procedures. The
proposed budget for FY 1995 -96 is $246,125 which excludes prosecution costs ($40,000).
2
250
Currently, the Interim City Attorney or his Deputy maintain office hours twice weekly (8 hours daily on
Tuesday and Thursday), and one attorney attends all City Council meetings. The Attorney is also provided
with part time clerical support, office space and a limited law library. During non -office hours, he is
available by telephone.
Prior to 1986, the City contracted with the Los Angeles County District Attorney's office for prosecution
of Municipal Code violations. In 1986, the City contracted with an independent attorney, John Slawson,
to provide these services. In 1989 Attorney Martin Mayer took over this role. Mr. Mayer's services were
discontinued by the Council in early 1993 and replaced with BWS on an interim basis. The current
prosecutor is Elizabeth Feffer.
The Prosecutor oversees cases such as police misdemeanor citations, nuisance abatement, noise, zoning
codes, animal regulations and collections. The Prosecutor does not maintain office haws at City Hall.
She will appear, however, on an as needed basis for office conferences. The majority of time is spent once
a week at the South Bay Municipal Court.
BWS currently provides these services at an hourly rate of $110 and the proposed budget for FY 1995 -96
is $40,000.
pnvmwnrullm
The current resolution specifies an hourly City Attorney rate of $145. Other BWS specialists range in rates
from $125 to $225 per hour. The City Attorney is required to submit an annual legal services budget
allocated by City department.
During FY 1993 -94, the City received 2,506 hours of service from BWS costing a total of $366,468.
Specifically, the City Attorney and his Deputy accounted for 1,450 of those hours (an average of 28 hours
per week) and the remaining 1,056 were assigned to firm specialists.
e. Contracts With Other Law Firms
Occasionally, the City will contract with a firm other than BWS for specialized assistance. Litigation
involving former City Manager Thompson and the Farquhar matter are two such examples.
Manhattan Beach is one of 30 cities which participate in a liability insurance pool called the Independent
Cities Risk Management Authority (ICRMA). Colen & Lee provides the City claims adjusting services
and woks with the Risk Manager in the attorney selection process. BWS handles a few of the tort cases
as well as some cases involving land use and challenges to Council Resolutions and Ordinances. Most tort
cases, however, are litigated by firms which specialize in trip and fall accidents, design immunity and
police liability cases. These legal expenses are not included in the City Attorney's budget and are paid out
of the City's Insurance Fund.
251
Despite certain improvements over the last year, there are still a number of concerns with the cost and
accountability of contractual legal services provided. In 1993, the Ralph Andersen Report noted the
following weaknesses in the existing contractual arrangement:
- The City lacks a well defined, uniform policy on the use and management of legal services
- Other than the Risk Manager who reviews City Attorney invoices, there is no one on staff that
exercises control or management over the cost of contract attorney services
- There is no accountability or control of legal services
- Neither City records our the City Attorney invoices provide sufficient detail to adequately analyze
and monitor usage
- The Resolution Agreement with BWS is too broad in nature and does not specify performance
standards or constraints
In reviewing all the available material, a number of advantages to hiring in -house legal staff became
apparent. An in -house City Attorney should provide the following:
- Access and accountability
- With a City Attorney located on the premises, City staff has greater access for advice and input
on such items as contracts, agreements, litigation and Council and Commission matters.
In addition, the Attorney is immediately accountable to the City Council and City Manager
to clarify issues.
- The gap between the projected costs of in -house ($265,1100) versus the contract attorney's budget
($286,125) for FY 1995 -96 is wide enough to show there could be a predictable cost
savings (estimated $21,000).
- Continuity of services and consistent organizational perspective
- Key management team member whose fundamental interest is strictly the well-being of the City
of Manhattan Beach
- Quicker response to emergency situations which cannot be handled by telephone
- Assistance in active and complex employee relation issues such as grievance handling,
disciplinary actions and termination in order to avoid litigation
- A close relationship with code enforcement staff as their activities increase and civil and criminal
prosecutions demand greater legal work
- "Preventive Law" which takes a PROACTIVE rather than a REACTIVE look at potential
litigation
- Watchdog for new legislation and case decisions which impact cities and meet the demands to
draft resolutions ordinances and agreements
- Aggressive litigation management guidelines when outside counsel is utilized (such as Thompson
and Farquhar cases) to reduce legal expenses
- More manageable cost containment, weighing the financial costs versus benefits to be gained as
opposed to merely advising on the legal merits of a position
- Additional attorney hours, all of which would be performed on site
252
The disadvantages of hiring an in -house attorney include:
- Over involvement in administrati ve duties presently handled by other staff
necessitating the hiring of outside counsel at a higher hourly rate to handle all or most
litigation
- Need to hire additional contract counsel to act in the absence of the City Attorney due to vacation,
illness or training
- Desire to expand legal staff to include addition of assistant and secretarial support resulting in
increased costs
- Difficulty in dealing with the City's political matrix, particularly when interacting with individual
Council concerns
- Use of "specialists" requires a continued reliance on outside counsel
- Additional one time expense ($13,500) for purchase of furniture, computers, printers and
telephones for in -house staff
- Assumption of overhead costs which include memberships, training, expansion of law library and
computer hardware and software with access to Wesdaw and Lexus
- The size and complexity of Manhattan Beach may demand the services beyond those of a
40 hoes per week in -house City Attorney, who is a "generalist"
Costs
Both the former City Manager and the consultant from Ralph Andersen prepared estimated costs for
employing one in -house staff attorney which did not include secretarial support. The breakdown is as
follows:
Smith's estimated costs
Attorney ($100,000 plus benefits) $130,000
Supplementary costs (includes 70,000
$50,000 for outside counsel)
Total $200,000
Andersen's estimated costs
Attorney (salary and benefits) $125,000
Memberships 9,500
Training and Travel 7,900
Special Dept. Expenses 950
Professional Services 30.000
Total $173,350
Andersen's estimates were based on data from cities of simihir size to Manhattan Beach.
253
After further review and consultation with other in -house attorneys, it is felt that there is a need to include
secretarial support. In addition, the outside legal costs need to be enhanced. Based on these factors, a
revised estimate is presented:
Attorney (salary plus benefits)
$130,000
Outside contractual services
75,000
(includes Prosecutor)
Supplementary costs (training,
travel, Westlaw, etc.)
20,000
Legal Secretary (salary and benefits) 40.000
Total
$265,000
The advantages of a contract City Attorney are as follows:
- May be more cost effective for a small city that does not require sufficient prosecution, advisory
and litigation services to warrant a full time in -house staff attorney
- Hourly rates include overhead items such as clerical support, supplies, training, memberships,
law library and mileage
- The City has the opportunity for financial control since the attorney's time can be reduced due
to reduction in contract work
- A large law firm such as BWS has many specialists within their ranks, making the need for
additional legal support accessible.
- BWS has a 27 -year history with the City and has much knowledge of the City's activities
- Rates may be negotiable, as exemplified by their recent adjustment of contractual rates
- Law firms often provide free legal k irkshops at no cost
- Outside counsel may be more object., a in providing legal advice as there is no political
involvement
- Limited involvement in administrative duties
In addition to those concerns noted in the Ralph Andersen Legal Services Report, the disadvantages of
utilizing a contract attorney includes:
- Lack of accessibility and timely responses to staff
- Detachment from the organization
- Tendency to enhance billing without justification since performance and compensation incentives
are tied to the profitability of the firm
- Greater awareness and demand for legal support in today's litigious society indicate that part-time
contractual services is no longer cost effective
- Tendency to be REACTIVE rather than PROACTIVE
- Overlooks controlling costs
- Lack of search for the best possible attorney since they usually utilize their own firm attorneys
- Tendency to over - utilize specialists, this results in an excessive proportion of City Hall office
hours being dedicated to "intake and re- assignment" rather than advice, prevention and
resolution. In 1993 -94, approximately $190,000 of the total annual billing of $366,468 was
spent on specialists within BWS
- Absence of litigation management guidelines for specialists can result in spiraling legal expenses
(examples:Thompson - $725,000 & Farquhar - $1,837,000 thru 3/95)
6
254
M
In the Ralph Andersen Legal Services Report, the consultant researched the historical costs of the service
from FY 1988 -89 through ten months of FY 1992 -93. (See Exhibit 2b p. 10). During this time, contract
costs have increased to the $320,000 range.
Legal Services provided to the City by BWS in FY 1993 -94 was $366,468 which includes general and case
specific work (FarquharrMompson) plus prosecution services. (See Exhibit A). This is a 10.5 % increase
over the previous fiscal year (1992 -93) partially due to a full year of prosecution services versus only 4
months previously. Both the City Attorney and his deputy provided the City 1,450 hours of billable
services in FY 1993 -94. For FY 199495, the City has expended $154,443 in legal costs to BWS for the
first 6 months which projects to $308,886 over a 12 -month period. This is a 19% reduction over the prior
fiscal year (1993 -94) due to BWS reducing their hourly rate from $150 to $145 for the City Attorney and
$ 145 to $110 for the City Prosecutor plus staff reducing the number of items referred to the City Attorney
for review.
BWS has submitted their proposed budget for FY 1995 -96 at $286,125.
• y •
The research as presented supports a change in direction from contract City attorney to a full-time in-
house City Attorney. Additional reasons supporting this change include:
- The cost to fund the in -house program ($265,000) is $21,000 less than the contract attorney's
budget ($286,125) for FY 1995 -96.
- Cost savings will continue to grow since the staff attorney will aggressively implement
litigation management guidelines with outside counsel. BWS acknowledges the need for
litigation management, however, the effort directed toward this endeavor is billed at $145
per hour. It may be unrealistic to expect a contract attorney to identify and seek cost
containment for excessive billings of it's own specialists on behalf of its client. It is likely
the review will be billed to the City and the City may pay for the hours spent defending the
appropriateness of the billing. A staff attorney will objectively hire part-time outside
counsel at a reduced rate rather than employing firm members. For example, the Cities of
Hermosa Beach and Malibu employ part-time prosecutors at an hourly rate of $75.00
whereas BWS charges an hourly rate of $110.00.
- In FY 1993 -94, BWS billed the City for 498 hours of prosecution services. By
multiplying the current BWS hourly prosecution rate of $110 by 498 hours, the annual cost
is $54,780. However, by multiplying the current market rate of $75 by 498 hours, the
annual cost is $37,350 or $17,430 JUL The cost savings recognized through lower hourly
rates can be applied towards additional outside legal services. Moreover, these savings,
over time, may result in the hiring of a second staff attorney who can perform the
prosecution services as well as becoming an Assistant City Attorney. With an average full
time employee working 2,080 hours a year, an Assistant Attorney can provide 498 hours
of prosecution work (25% of a work year) as well as 1,582 haws of additional legal work
(75% of a work year). In this manner, the City attorney can have a capable assistant
providing more hours for less cost since the cost savings can apply as a subsidy against the
assistant's animal salary.
- A knowledgeable, well- informed and computer- litetsate staff attorney will be less dependent on
outside counsel and take advantage of outside resources supplied by the League of
California Cities and other city staff attorneys. This information network is free and
reliable,
N
255
- According to the League, 78% of California cities with populations between 25 ,000 - 50,000
have full -time city attorneys.
- An in -house staff attorney will be accessible to staff and the City Council on a full -time basis
and becomes a key member of the City's management team.
- The attorney will have an increased ability to practice preventive law and proactively face
issues which will reduce or eliminate potential litigation.
- Issues will be tackled on a gmjy basis, without delays commonly associated with a contract
attorney and is directly accountable to the City Council.
- An in -house staff attorney would be a salaried position. Thus, the City could expect to enjoy
a level of professional hours in excess of 40 hours per week, consistent with that of other
members of the management team. However, excess hours from a contract attorney are
billed at $145 per hour which is analogous to paying an executive overtime for hours in
excess of 40
- As a full -time employee, the staff attorney will be a team player and feel an attachment to the
orgatrvation which a contract allomey can never experience.
- The Ralph Andersen Legal Services Report discovered serious deficiencies regarding the cost
and accountability of legal services provided to the City and believes corrections can be
made by hiring an in -house staff attorney.
In closing, former City Manager Bill Smith stated the following in his Legal Services Study presented to
City Council on 12/2/93: "While the firm of BWS in general, and Carl Newton in particular, have served
this City exceptionally well for a quarter of a century, the City has changed greatly in that time and I
believe we now need the attention of a full-time attorney."
1- Establish an in -house City Attorney program. (Recommended)
2- Maintain contract attorney arrangement but solicit bids for legal services or continue relationslup
with BWS.
3- Provide other direction Council deems appropriate.
GD/HF /mh
Attachments
256
The below - referenced costs are actual expenditures paid by the City and verified by the Finance
Department. These costs do ilk include tort liability expenditures.
FY 1991 -92
$318,390
FY 1992 -93
$331,282
FY 1993 -94
$366,468
FY 199495
$308,886* (Projected over 12 months based
on 6 -month actuals)
FY 1995 -96
$286,125 (Budget prepared by B W & S)
9
257
CLG=r
CITY OF RANCHO MIRAGE
March 16, 1993
Ms. JoAnne Speers
General Counsel
League of California Cities
1400 R Street
Sacramento, CA 95814
Dear JoAnne:
LE.a.7jn Liz `�J 1y&N2.XM riEiLi S
S l Air �. � Iri'�Y.S Piieyu"
With some interest, I noted at page 4, of the February 1993, CITY
ATTORNEYS NEWSLETTER, an inquiry regarding "in- house" versus
"contract" city attorneys and ideas on cutting costs for city
attorney expenses. I have been employed in both positions and wish
to informally address my observations on this issue.
My current budget is $370,000, which includes $100,000 for
"contract" work with outside counsel. This budget is "turn key"
for an in -house city attorney, a legal assistant and a secretary.
I mention this because, as a city grows and its legal expense
starts to exceed the $300,000- $350,000 range, in my opinion, it
is not good business to continue with a contract city attorney.
I take this position for a couple of reasons.
First, the focus of an in -house city attorney is very different
from that of a contract city attorney. That is, the focus of an
in -house city attorney is "prevention "; whereas, the focus of a
contract city attorney is generally to put out fires that have
already started. This- is one of the principal cost saving
aspects of an in -house city attorney. The ability of staff to
obtain immediate answers to their questions and to obtain direc-
tion to avoid problems, is the principal advantage of having
in -house counsel.
Also, the contract city attorney, by the very nature of the
detached office, is more detached from staff. When asked an
opinion, the demands of his insurance carrier will generally
require the opinion be in writing, generating a four -digit bill,
69425 HIGHWAY ill/ RANCHO MIRAGE, CA 92270.2898 /(Big) 324.4511 FAX(619)324-8830
COMMUNITY DEVELOPMENT DEPARTMENT (619) 326.2266
258
- 1
Ms. Jo Anne Spears
March 16, 1993
Page-2
even when he knows the answer and might be willing to simply
state it. In contrast, an in -house counsel develops a rapport
with the staff and city council as he becomes part of the •team
When asked that same question, the in -house counsel does not have
the insurance carrier looking over his shoulder.
In my opinion, if a city is spending more than $400,000 in
contract city attorney's fees, it should hire in -house counsel.
I hope these thoughts are helpful. If there is some interest in
more specific information, I would be happy to discuss this.
Sincerely,
259
213 771 9473
05/15/95 14'00 $218 771 9475 CITY OF BELL
REQUEST FOR PROPOSAL
You are invited to submit a proposal to provide legal
services to the City of Bell. This request for proposal
includes background information, objective, a scope of
work, general provisions regarding services, submission
requirements, and selection criteria.
The City of Bell is a general law City with a population
of approximately 35,000. The City was incorporated in
1927, and is governed by a five - member City Council,
elected at large, for four year terms. A number of
appointed-member commissions advise the City Council in
the development of City policy. Bell has its own Police
Department and contracts with Los Angeles County for Fire
and Library Services.
The City desires to retain expert representation and
consultation services from a qualified attorney /firm with
expertise in municipal and redevelopment law.
SCOPE OF WORK
The scope of work shall include, but not necessarily be
limited to, the following:
1. Advise and provide legal assistance to the City
Council, Redevelopment Agency, Surplus Property
Authority, Public Finance Authority, Chief Adminis-
trative Officer, City Commissions and other city staff
when authorized by the Chief Administrative officer.
2. Attend all meetings of the City Council. The Council
regularly meets the first and third Monday monthly.
Attendance at Planning Commission meetings when
necessary.
3. Review and approve notices pertaining to official
City business as directed by the Chief Administrative
Officer.
4. Prepare legal opinions, review resolutions and
ordinances as directed by the City Council or Chief
Administrative Officer. Prepare resolutions and
Request for Proposal
Legal Services
Page 1
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260
213 771 9473
05/15/95 14 01 V213 771 9475 CITY OF BELL
ordinances as directed by City Council or Chief
Administrative Officer.
5. Keep City Council and staff apprised of court rulings
and legislation affecting the legal interests of the
City.
6. Provide other legal services as may be required,
such as representation of the City of Bell in
litigation, when directed by City Council or the Chief
Administrative Officer.
7. The scope of work does not include:
a) Criminal prosecution
b) Municipal Court prosecution
GENERAL PROVISIONS
1. The City of Bell shall make available to the selected
attorney /firm all pertinent City reports and documents
that may be available and which are necessary for the
provision of the services listed above. Access to
appropriate City departments shall be provided as
directed by the Chief Administrative Officer.
2. All documents prepared by the attorney /firm shall,
upon current payment by the City to the attorney /firm,
become the property of the City of Bell.
3. The successful attorney /firm must file with the City
Clerk certificates of insurance prior to commencement
of work, evidencing the following coverages:
a. L bi inin Attorney /firm shall provide
and mata i ility insurance which is
satisfactory to the City of Bell and which shall
protect the City of Bell, its officers, employees
and agents from all claims for personal injury,
including accidental deaths as well as claims for
property damage, and evidence of such insurance
shall be delivered to the City of Bell before the
effective date of any agreement.
b. Workers sat'o ran e: Attorney /firm
shall pay for and maintain n full force and
effect for the duration of any agreement,
complete Workers Compensation Insurance.
c. ProfoxaicnAZ Liability insurance: Attorney /firm
shall provide coverage satisfactory to the City
of Bell for any damages or losses suffered by the
City as a result of any error or omission or
Request for Proposal
Legal Services
Page 2
261
Zo(,3
213 771 5473
05/15/95 14.01 V219 771 9473 CITY OF BELL
neglect by the attorney /firm which arises out of
the professional services provided by the
attorney /firm.
Such coverage must be provided by an insurance
company authorized to do business in the State of
California. Certificates must name the City of
Bell as an additional insured. Certificates shall
provide that "Contractor's policy is primary over
any insurance carried by the City of Bell" and
that "the policy will not be canceled or
materially ohanged without thirty (30) days prior
notice in writing to the City of Bell." The
successful Attorney /firm must agree, if awarded
the contract as a result of ita roposal, to
indemnify and hold harmless the City of Bell, its
officers, a ents and employees from any and all
claims and lasses occurring or resulting to
persons engaged in the work contemplated by its
proposal or to persons engaged in the work
contemplated by its proposal or to persons who may
be injured or damaged by the attorney /firm or its
agents in the performance of the work.
4. The City of Bell may, at any time, terminate any
contract awarded to selected attorney /firm pursuant
to this request for proposal. Such termination may be
made, in whole or in part, for the convenience of
the City of Bell or for the default of the contractor
by giving the contractor a written Notice of
Termination referencing the provision. Termination
shall be effective upon the contractor's receipt of
such Notice of Termination unless such other date is
specified in the Notice of Termination.
Submission Reguirements
The proposer shall submit seven (7) copies of their
proposal to:
Robert A. Rizzo
Chief Executive officer
City of Sell
6330 Pine Avenue
Bell, CA 90201
All proposals shall be submitted no later than March 3,
1994 at S:00 P. M.
The City of Bell will not be responsible for any errors or
omission in the proposals or any delay in mail service.
All proposals shall be firm offers subject to acceptance
by the City of Bell and may not be withdrawn for a period
Request for Proposal
Legal Services
Page 3
Z004
262
213 771 9473
05/15/95 14:02 12215 771 9479 CITY OF BELL
of 90 calendar days following the last day to accept
proposals. Proposals may not be amended.
The proposal shall include, but not necessarily be limited
toz
1. anver lMer /introduction: All proposals shall begin
wit a one page cover letter and introduction that
includes the name and address of the attorney /firm
submitting the proposal and the name, address and
telephone number of the person who will be authorized
to represent the attorney /firm. The cover letter
shall be signed by a company officer authorized to
bind the company to all commitments made in the
proposal.
2. �ro�gg c tioxl: Proposals shall be responsive
to al t at is covered by this Request for Proposal,
specifically including:
a. A description of the qualifications of the
attorney /firm, with emphasis on matters related
to municipal law.
b. A narrative which indicates the management
structure of the attorney /firm, the tenure of
management and ownership of the firm.
c. The name and qualifications of the individual
attorney who will be responsible for the contract
with the City of Bell. In addition, please
supply biographical profiles of all other
attorneys who will be assigned to this contract,
specifically highlighting the municipal law
expertise of these individuals.
d. A proposal containing a fee schedule for pro-
viding legal services within the scope of work
and beyond.
(1) The making of appearances, including
pleadings, petitions, oral presentations,
answers, briefs or other appearances on
behalf of the City, the City Council or
any City officer, in all Courts of this
State and before any governmental board
or commission.
(2) Reviewing, defending or assisting any
insurer of the City of Sell or its agents
or attorneys in respect to an law suit
filed against the City of Bell or any
officer or employee thereof, for money
or damages.
Request for Proposal
Legal Services
Page 4
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263
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05/15/95 14 02 'x'213 771 9473 CITY OF BELL Z006
3.dona ,x}formation: Proposals shall include any
a ditional information essential to proper evaluation
of the proposal such as sample copies of Ordinances,
Resolutions, staff reports, correspondence, memoranda
and monthly billing invoices. If there is no
additional data the proposer wishes to presents ts
section will consist of the statement, 'There is
.hi
additional data we with to present."
4. References: Names of other cities, counties, other
governmental agencies or other firms which are
currently or have within the past five pears been
provided services by the proposer and the name,
title and telephone number of individual contact
references.
Selection Criteria:
Proposals will be evaluated against, but not limited to,
the following criteria:
1. Ability and capacity to provide legal services to meet
the needs and considerations of the City of Bell with
high quality performance.
2. Costs of services.
3. References and other evidence submitted supportive of
good past experience in providing similar services.
4. Professional qualification of the attorneys assigned
to perform the services.
5. The convenience of the City of Bell.
Evaluation Criteria:
The following evaluation criteria will be used to
determine the awarding of the Request for Proposal.
1. Cost: Will include hourly wages of assigned
attorney, staff utilized by attorney, all fees
and miscellaneous charges that would be
incurred in the process of representin the
City of Bell as City Attorney. Fifty T50%) percent.
2. Technical Ability: Will include verification of past
pperformance in representing government agencies or
large corporations, including disposition of cases
handled and overall results. Thirty (30%) percent.
3. Communication: A demonstrated ability and experience
to interface with City Council, Chief Administrative
Request for Proposal
Legal Services
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05/15/95 14.03 0213 771 9475 CITY OF BELL Z 017
offioer, Staff, Police Department, various
committees and a diverse community. Fifteen (15 %)
percent.
4. Experience: The number of years in practice
specifically related to representing government
agencies or large corporations. Five (5 %) percent.
An evaluation matrix will be used whereby each proposer
will be rated on a scale of 1 to 10 (10 being best), then
the applicable percentage will be applied to the "raw"
rating.
The City of Bell reserves and holds at its discretion all
of the rights and options of any potential or actual
client for legal services, including the rights:
1. To reject any and /or all of the submittals.
2. To waive any of the provisions of this Request for
Proposal.
3. To issue subsequent Requests for Proposals.
4. To elect to cancel the entire Request for Proposal.
S. To waive technical errors in the responses to Request
for Proposal.
This request for Proposal does not commit the City of Bell
to negotiate a contract, nor does it obligate the City to
pay for any costs incurred in preparation and submission
of responses in anticipation of a contract.
References and qualification of top candidates, based upon
proposal responses will be verified. The City will conduct
personal interviews of the top candidates and make the
final selection. If the candidate is a firm, the person
within the firm who is proposed to be designated as City
Attorney will be expected to be the key interviewee.
All inquiries regarding this Request for Proposal and /or
regarding the current legal services to the City of Bell
should be directed tos
Robert A. Rizzo
Chief Administrative Officer
City of Bell
6330 Pine Avenue
Bell, CA 90201
(213) 568 -6211
Request for Proposal
Legal Services
Page 6
265
RESOLUTION NO. 3254
i A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, APPOINTING
A CITY ATTORNEY, ASSOCIATE CITY ATTORNEY,
AND FIXING THE COMPENSATION FOR LEGAL
SERVICES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Leland C. Dolley is hereby appointed City
Attorney of the City of E1 Segundo.
SECTION 2. Peter M. Thorson is hereby appointed
Associate City Attorney of the City of E1 Segundo.
SECTION 3. The firm of Burke, Williams 6 Sorensen
is hereby retained as special counsel for the City of E1 Segundo.
SECTION 4. The compensation of the City Attorney,
the Associate City Attorney and the special counsel is hereby
fixed and established as follows:
a. A monthly retainer of two thousand two hundred
fifty dollars ($2,250.00) per month, which said
monthly retainer shall cover attendance at two
regular City Council meetings each month and
attendance at the City Hall for a total of
twenty -five (25) hours each month to perform
legal services for the City.
b. For any time devoted to performing required
legal services to the City of E1 Segundo not
embraced within the time covered above, the
City Attorney, Associate City Attorney and
special counsel shall be compensated at their
usual and customary hourly rate upon submission
by them of a statement for such services and
approval of the same by the City Manager.
C. No employee benefits shall be included in the
compensation of the City Attorney, Associate
City Attorney and special counsel.
d. The City Attorney shall be entitled to attend
conferences of the League of California Cities
and California City Attorneys' Association,
or other like associations as approved by the
City Council. He shall be entitled to reim-
bursement for registration, travel, meals and
lodging expense as approved by the City Council
in the annual budget. The time spent by the
City Attorney traveling to or attending such
meetings shall not be charged against the City
in computing the hours spent each month in the
performance of legal services.
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266
SECTION 5. The City Clerk shall certify to the
I 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 records
of the proceedings of the City Council of said city, in the
minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 20th day of
March , 1984.
ATTEST:
City Clerk
(SEAT.)
J
1 t i
-2- ,r.,
1
J
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF EL SEGUNDO )
is Valerie A. Burroves , City Clerk of the City of
E1 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. 3254 was duly passed
and adopted by the said City Council, approved and signed by the
Mayor of said City, and attested by the City Clerk of said City, all
at a regular meeting of the said Council held on the 20th day of
March , 19 84 and that the same was so passed and
adopted by the following vote:
AYES: Council Members Armstrong, Johnson, Siadek
Synadinos and Mayor Bue
NOES: Council Member None
ABSENT: Council Member None
WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this
10h_ day of March 19 84
Clerk of the-City o
California
It is proposed future council sessions be adjourned no later than 10:30 PK unless a
motion is unanimously passed (5-0) to extend the time. In the event of adjournment
before agenda completion, a special meeting would be scheduled to complete the work, or
carry the unfinished business forward to the next regularly scheduled meeting.
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?69